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News
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
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www.constitutionalcourt.org.za
;
http://www.saflii.org/za/cases/ZACC/
19 February 2009
(to be heard)
CCT 83/08
Fatima Gabie Hassam v Johan Hermanus Jacobs NO, Master of the
High Court, Mariam Hassam, Mariam Hassam NO, Minister of Justice
and Constitutional Development
Application for confirmation of constitutional invalidity of
sections of the Intestate
Succession Act and that the word
"survivor" in
the MSSA should be read to include surviving partners of
polygamous Muslim
marriages. The applicant contends that the exclusion of widows in
polygamous Muslim marriages from the benefits provided for in the
ISA and MSSA infringes their constitutional rights to equality,
religion and culture
Muslim polygamy case goes to court - 18 February
The Constitutional Court will hear an application on Thursday to
confirm an order of constitutional invalidity relating to a
polygamous Muslim marriage. The court said on Wednesday the
application would be brought by Fatima Gabie Hassam for the
confirmation of a Cape High Court order. In the lower court Hassam
argued that after her husband's death the executor for his estate
refused her claims because he disputed the existence of her
marriage. - IOL website
17 February
2009 (to be heard)
CCT 80/08
The Trustees for the time being of the Biowatch Trust v The
Registrar, Genetic Resources, The Executive Council for
Genetically Modified Organisms, The Minister for Agriculture,
Monsanto South Africa (Pty) Ltd, Stoneville Pedigreed Seed Company
and D&PL SA South Africa Inc (the Centre for Child Law, Lawyers
for Human Rights and the Centre for Applied Legal Studies as
amici curiae)
Concourt gets a new judge - 17 February
Justice Edwin Cameron has been sworn in as a judge of the
Constitutional Court, SABC news reported on Tuesday. Cameron took
the oath of office before the court's first sitting for 2009 and
was warmly applauded by an almost-full public gallery. -
IOL website
Fifteen good years - 18 February
'Unfortunately, a lot of people will be disappointed, because once
those judges come to the [Constitutional Court] bench they'll
realise their master is the Constitution," says Judge Yvonne
Mokgoro. It was clearly a general caveat against the growing use
of South Africa's highest court as a political football. One of
the "class of 1994" appointed to the court under President Nelson
Mandela, Mokgoro's term ends in October. She is the judge who
encouraged junior colleague Judge Bess Nkabinde to report Cape
Judge President John Hlophe for allegedly attempting to
"improperly influence" the Constitutional Court. -
Mail & Guardian website
Zuma Case
NPA set to meet lawyers - 16 February
Lawyers for African National Congress President Jacob Zuma will
meet the National Prosecuting Authority (NPA) on Friday, a
spokesperson said on Monday. "There is a plan, that on Friday, we
will make representations to the NPA as part of the continuous
process that we've been engaged in," said Zuma's lawyer, Michael
Hulley. "It is a follow-up as part of the overall process," he
added. Last Tuesday, the ANC leader's legal team submitted
representations regarding his corruption case to the NPA. The
content of the representations have not been disclosed. -
IOL website
NPA won't be drawn on representations - 17 February
The National Prosecuting Authority submitted papers on Tuesday in
response to ANC president Jacob Zuma's representations in the
Constitutional Court. Spokesman Tlali Tlali could however not be
drawn to disclose the nature of the representations made. -
IOL website
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Supreme Court of Appeal of South Africa
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http://www.supremecourtofappeal.gov.za/index.html
; wwwserver.law.wits.ac.za/sca/index.php ;
http://www.uovs.ac.za/apps/law/appeal/
;
http://www.saflii.org/za/cases/ZASCA/
Water struggle
reaches Supreme Court of Appeal (SCA) - 18 February
In its historic judgement handed down on the 30th April 2008, the
Johannesburg High Court declared prepaid water meters both illegal
and unconstitutional and ordered the City of Johannesburg (CoJ) to
provide residents with 50 litres of free water per person/per day
. Despite the judgement being celebrated by poor communities
across South Africa and supported by a wide range of domestic and
international unions, political parties and non-governmental
organisations, Johannesburg Mayor, Amos Masondo – alongside
Johannesburg Water and the Department of Water Affairs & Forestry
(DWAF) – appealed the judgement. More recently, the National
Treasury has applied to be an amicus in support of the appeal. And
so, now into its sixth year, this landmark case to secure basic
constitutional rights to water for all, heads to the SCA. -
anarkismo website
Judges consider prisoners' pardons - 16 February
The Ministry of Justice was due back in court on Monday over
whether the applications for presidential pardons by hundreds of
prisoners should have six years of dust shaken off and be
processed. The applications were sent to the Ministry of Justice
in late 2003, and "no response of whatsoever kind has been
forthcoming", said the prisoners' legal team in argument filed
ahead of today's hearing in the Supreme Court of Appeal. The
minister of justice is challenging a Pretoria High Court ruling of
a year ago, when Judge Willie Seriti ordered the then minister,
Brigitte Mabandla, to process the applications within three months
for a decision by former president Thabo Mbeki. -
IOL website
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Commercial Crimes Courts
Johannesburg
Pension-fraud mastermind must pay it back - 16 February
A 61-year-old man who was found guilty of fraud on Monday was
ordered to pay back R18.6-million in compensation, SABC radio news
reported on Monday. The Johannesburg specialised commercial crime
court ordered Peter Ghavalas to pay the compensation under a
plea-bargain reached with the state. Ghavalas admitted to
masterminding a pension fraud scheme that ransacked seven pension
funds of R300 million. Pension fund administrator Alexander Forbes
was also implicated in the scheme along with eight other people.
Ghavalas pleaded guilty and was handed a suspended sentence. -
IOL website
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
; Court rolls at
http://www.saflii.org/blog/?page_id=134
17 February
2009
15972/2008 [2009] ZAWCHC 5
M v Family Advocate, Cape Town and Another
12 February
2009
6277/08 [2009] ZAWCHC 3
M5 Developments (Cape) (Pty) Ltd v Groenewald NO and Others
12 February
2009
15721/2007 [2009] ZAWCHC 2
Mlunguza v Smit
30 January 2009
1277/2009 [2009] ZAWCHC 4
Golden Arrow Bus Services (Pty) Ltd v Minister of Transport for
the Republic of South Africa and Others
'I didn't know which way to turn' - 18 February
Former senior superintendent Marius Van der Westhuizen, charged
with the murder of his three children, told the Cape High Court he
was traumatised by what he saw through his work. Van der
Westhuizen told the court on Wednesday about many horrific crime
and collision scenes that he had to attend through the years and
which left him severely traumatised. He also said that as
second-in-command at the Claremont police station, a post he
resigned from last year, he often had to perform the station
commissioner's duties, over and above his own. -
IOL website
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Eastern
Cape Division
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http://wwwserver.law.wits.ac.za/echc/index.php
;
http://www.saflii.org/za/cases/ZAECHC/
; Court rolls
(Grahamstown) at
http://www.saflii.org/blog/?page_id=283
High court overrules dissolution of T'kei
municipality - 18 February
The Bhisho High Court yesterday overturned the decision of
Provincial and Local Government Minister Sicelo Shiceka to
dissolve the Mnquma municipality. On Monday the provincial and
national departments of local government announced the dissolution
of the Butterworth- based municipality, placing it under
administration. - Herald
Online website
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Free
State
Provincial Division
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www.uovs.ac.za/fac/law/highcourt/
;
http://www.saflii.org/za/cases/ZAFSHC/
Lynne Hume Case
Estate agent killed 'for being Mbeki ally' - 17 February
The Ballito estate agent, who was found murdered in her burnt out
car in the Free State in 2007, was killed because she was a close
ally of former president Thabo Mbeki and "needed to be taken care
of". This is according to the testimony of Msebenziwenkosi Kunene,
who on Monday testified against his father, Muziwendonda, who
appeared in the Bloemfontein High Court on Monday, charged with
her murder. - IOL website
Hume case witness denies conspiracy - 18 February
Mzwendoda Kunene's son has denied allegations that he and others
were involved in a conspiracy to tarnish his father's reputation
and to get him into trouble with the law. During cross-examination
on Tuesday, Kunene snr's lawyer, Jan Nkhahle, told the court that
Kunene jnr had been involved in a conspiracy with a Kranskop
policeman, Superintendent Zethembe Chonco, to discredit Kunene
senior. In court, Nkhahle said : "I put
it to you, that you, Chonco and other people involved had a
conspiracy against your father. .
. You wanted to kill your father but you could not. So you
resorted to this conspiracy to criminalise him". -
IOL website
Policeman tells of grisly discovery - 19 February
Murdered Ballito estate agent Lynne Hume's feet were still in
flames in her burnt-out car when police constable Thulani Mkwanazi
arrived at the scene, the Bloemfontein High Court heard on
Wednesday. She had electrical cord wrapped around her body. -
IOL website
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Natal
Provincial Division
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http://www.saflii.org/za/cases/ZAKZHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
and
http://www.saflii.org/blog/?page_id=190
Serial rapist jailed for decades - 17 February
Three life sentences and 48 years in jail were imposed on a
44-year-old serial rapist and robber in the Pietermaritzburg High
Court on Tuesday. Judge Chris Nicholson told Vusi Mseleku, of the
Pietermaritzburg district, that he should be behind bars for the
rest of his life as he was incapable of reformation. Sentences of
life behind bars were also imposed to protect society from
criminals, Nicholson said. Mseleku, a father of five, kicked down
people's doors, robbed them, and raped one victim in front of her
boyfriend and another victim in front of her mother and child. -
IOL
website
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Northern Cape
Division
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http://www.saflii.org/za/cases/ZANCHC/
;
http://www.saflii.org/za/cases/ZAWCHC/
13 February
2009
CA&R 75/08 [2009] ZANCHC 3
S v Van Schalkwyk
4 February 2009
K/S
58/08 [2009] ZANCHC 2
S v Nyathi
3 February 2009
K/S
58/08 [2009] ZANCHC 1
S v Nyathi
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Transvaal
Provincial Division
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http://www.saflii.org/za/cases/ZAGPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=134
19 February
2009
50711/08 [2009] ZAGPHC 32
Khumalo and Another v South African Reserve Bank and Another
"According to section 9 of the
Currency and Exchange
Control Act 9 of 1993, regulations "may
be made inter alia for the attachmmentof money and goods and
expressly provides that an an attachment shall be for a period
not exceeding 36 months (subject to a qualification not
presently relevant)".
In
terms of regulation 22C(1), money and goods may be attached,
however there is no provision relating to a time limit in this
regard.
In the matter of
Khumalo & another v SA Reserve Bank & another [2009] JOL
23137 (T), the court dealt with the issue of whether or not
regulation 22C(1) is ultra vires and unconstitutional.
Judgment in this matter was handed down by Southwood J (Murphy
and Raulinga JJ concurring), in the Transvaal Provincial
Division today". - Note in
email from LexisNexis
16 February 2009
3369/2009 [2009] ZAGPHC 31
Altech Alcomo Matomo (Pty) Ltd v South African Police Service
and Others
13 February 2009
30396/05 [2009] ZAGPHC 29
Pieterse en Andere v Minister van Veiligheid en Sekuriteit en
Andere
Cops must pay family for their humiliation - 14 February
The
police must pay a total of R380 000 in damages to a Pretoria North
family who were manhandled and humiliated by the police following
a rugby match at Loftus four years ago. Pretoria High Court Judge
Bill Prinsloo, in his judgment, said the evidence delivered in
court by the police was unsatisfactory and their versions of
events improbable. The police tried to lay blame on the family
who, they said, acted in an aggressive manner towards them, but
Prinsloo said pictures taken by a newspaper photographer who was
at Loftus at the time painted a different picture. David Pieterse,
his wife Susan, sons David junior and Jason and their spouses
attended the semi-finals of the Currie Cup rugby in October 2004
between the Blue Bulls and the Lions. -
IOL website
12 February 2009
13166/08 [2009] ZAGPHC 28
GHPM Boerdery 100 Bk v Standard Bank van Suid-Afrika Bpk
Fassie dispute to be settled out of court - 16 February
An ongoing dispute over South African pop queen Brenda Fassie's
estate will be handled out of court, it was decided on Monday in
the Johannesburg High Court. In a statement released by JT
Communications on Monday, the Southern African Music Rights
Organisation (Samro) said independent experts in the fields of
accounting and law would be roped in to determine whether Samro
rendered proper accounting to Fassie, in line with its rules. -
IOL website
Selebi Case
NPA bullying witnesses, alleges Selebi - 14 February
Jackie Selebi's prosecutors say they took legal action against his
colleagues because of the hold he still had on them. But Selebi
has accused prosecutors of bullying, breaking his silence on the
subpoenas obtained by the Scorpions to force top police officers
to provide information related to the corruption case against him.
Responding to Selebi's urgent Pretoria High Court bid to force
prosecutors to hand over copies of documents and evidence that
will be used against him in his trial, special Scorpions
investigator Andrew Leask suggested they had no choice but to seek
the subpoenas. - IOL website
Deadline nears in Selebi case - 16 February
Police have until Tuesday to comply with subpoenas instructing
them to hand evidence to the Scorpions for their case against
police chief Jackie Selebi, the NPA said on Monday. Subpoenas were
issued to secure the evidence, with Tuesday January 27 as the
deadline. The deadline was extended to February 17 after an
agreement reached at the Randburg Magistrate's Court last month. -
IOL website
Selebi case : NPA application postponed - 17 February
The National Prosecuting Authority's court application to secure
documents for its case against suspended police commissioner
Jackie Selebi was postponed, NPA spokesperson Tlali Tlali said on
Tuesday. The NPA is in the process of securing documents it
requires in the lead-up to Selebi's court appearance in April and
had sought intervention at the Randburg Magistrate's Court. -
IOL website
Selebi, lawyers free to 'consult witnesses' - 19 February
The Scorpions insisted they did not have to hand over everything
that Jackie Selebi's lawyers claim they need to defend the
suspended national police commissioner, the Johannesburg High
Court heard on Thursday. Scorpions prosecutor Gerrie Nel said they
had been asked only for "further particulars" in terms of Section
87 of the Criminal
Procedure Act (CPA). - IOL
website
Judge warns of delays in Selebi trial - 19 February
Johannesburg High Court Judge Nico Coetzee warned of delays in
Jackie Selebi's trial if he didn't have everything he needed to
prepare. "I foresee that this trial is going to stand down from
time to time [as further documents are sought]. It's not the way a
trial should be run," he said on Thursday. The case revolves
around the national police commissioner's bid to get information
he needs to defend himself at a general corruption and defeating
the ends of justice trial in April. -
IOL website
'Advocate Barbie'
Case
I had no
will of my own, claims Visser - 16 February
Cezanne Visser, also known as "Advocate Barbie", pleaded not
guilty on Monday to charges of soliciting minors to perform
indecent acts. Appearing in the dock in the Pretoria High Court,
Visser pleaded not guilty to 14 charges including indecent
assault, rape and the manufacturing of child pornography. Her
defence is that she was coerced by her then-boyfriend Dirk
Prinsloo to perform the criminal acts. -
IOL website
'Barbie' to tell of demon lover's dark spell - 16 February
It is expected that Cezanne Visser, dubbed "Advocate Barbie", will
over the next three weeks describe to the Pretoria High Court how
her former lover, Dirk Prinsloo, allegedly influenced her to
commit sex crimes involving underage girls. Her new legal team,
headed by criminal law expert, Johann Engelbrecht SC (who also
defended Najwa Petersen), will rely on the so-called battered
woman's syndrome as a defence. -
IOL website
'Advocate Barbie'
admits to most of state's sex charges
- 17 February
Prosecutor Andre Fourie said two of the witnesses were minors when
they testified and neither the state nor the defence wanted to put
them through the trauma of having to testify for a second time.
Acting Judge Chris Eksteen urged the state and the defence to
reach an agreement on exactly which elements of the evidence were
admitted to. - Herald Online
website
Children might have to testify again in 'Barbie' case - 17
February
Two child witnesses, who have already testified against Cezanne
Visser, or "Advocate Barbie", might have to testify again, the
Pretoria High Court heard on Tuesday. Defence counsel, Johann
Engelbrecht SC, told Acting Judge Chris Eksteen, Visser would
contest the evidence of two girls, aged 11 and 14 at the time, as
well as a witness to whom one of the girls had revealed her
alleged sexual abuse. Both girls testified behind closed doors
about their alleged sexual abuse at the hands of Visser and her
former lover, Dirk Prinsloo. Prinsloo has since disappeared while
on a trip to Russia. Visser's trial had to start afresh after the
initial trial judge died in 2007. -
Mail & Guardian website
Two 'victims' testify in Barbie retrial - 19 February
Two of
the alleged victims of former advocate pair, Cezanne Visser and
Dirk Prinsloo, on Wednesday once again relived their ordeal when
they were recalled to the witness box in the Pretoria High Court
to give evidence in Visser's sex trial. Visser, who is now being
retried after the death of the former trial judge, this week
admitted the bulk of the evidence given by the witnesses at the
time, but she disputed some of the evidence of the girl who was 11
at the time and all the evidence of the then 14-year-old victim.
The then 11-year-old, who is now 17, was in a Pretoria orphanage
in 2002 when Prinsloo and Visser took her and another girl to
their home on weekends. -
IOL website
'Great sex kept Visser on Prinsloo's heels' - 19 February
Cezanne Visser, also known as Advocate Barbie, never asked for
help getting out of her relationship with Dirk Prinsloo, the
Pretoria High Court heard on Thursday. Lorie Pieters, a graphic
artist who worked for Visser and Prinsloo for five weeks in 2001,
testified that Visser had told her she would never give up on her
relationship with Prinsloo because "he did it for her". -
IOL website
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Witwatersrand Local
Division -
-
http://www.saflii.org/za/cases/ZAGPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=173
Ananias Mathe Case
Frail-looking Mathe's trial begins -
17 February
After numerous postponements, the trial of Ananias Mathe finally
started in the Johannesburg high court.
The frail-looking Mathe sat quietly throughout the
hour-long hearing yesterday when the 71 charges he faces were read
to him.
Only twice did he plead guilty - to two counts of
escaping from custody.
He looked weak and often used his head to gesture.
Judge Geraldine Borchers was concerned about his
health.
She told him to sit down while the interpreter read all
the charges. - Sowetan
website
Judge makes decision on Mathe - 17 February
Annanias Mathe has been convicted on two counts of escaping from
lawful custody, the SABC reported on Tuesday. Mathe pleaded guilty
to escaping from custody and innocent to 69 other charges
including rape, robbery and cruelty to animals. -
IOL website
Mathe tells of escaping while guards partied - 18 February
To the sounds of Happy Birthday sung by prison guards, Annanias
Mathe escaped from his police holding cell at Joburg Central
police station. And when he made his second escape - this time
from C-Max in Pretoria - the prison guards were watching soccer.
This emerged in the Johannesburg High Court on Monday when rape
accused Mathe gave his reasons for pleading guilty on two counts
of escaping from lawful custody as an awaiting-trial prisoner. -
IOL website
Wounded Mathe victim retaliated - 19 February
One of Annanias Mathe's victims broke into tears as she recounted
how she survived three bullet wounds to avoid being raped by the
alleged serial rapist. The court also heard evidence about the
rape of a 19-year-old girl and the alleged poisoning of a dog by
Mathe on June 20 2003. - IOL
website
Lucky Dube Case
Cop tells court how Dube shooting happened - 19 February
Lucky Dube was shot at close range through his seat by an
assailant who sat right behind the driver's seat. The alleged
killer, who had forced his way into Dube's car, pulled the trigger
twice with his left hand, leaving two bullet holes in the seat.
Inspector Michael Mugadi, a fingerprint expert, led this evidence
in the Johannesburg High Court on Wednesday. Mugadi was explaining
to Judge Seun Moshidi how the shooting occurred. -
IOL website
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Circuit Courts
Delmas
Gender activists slam judge - 16 February
Gender activists have criticised a judge for ignoring the sexual
orientation of brutally murdered Banyana Banyana star when
sentencing her killer on Friday.
Delmas circuit court Judge Moses Mavundla sentenced
Thato Petros Mphiti to 31 years in prison for murdering soccer
star Eudy Simelane. Before sentencing Judge Mavundla said
: "I listened to the mother
talking about the sexual orientation of the victim and in my view
this is not significant". -
Sowetan website
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Regional Courts
Durban
Jailed for cheating on VAT refunds - 17 February
A Durban businessman who fraudulently claimed more than
R6,2-million in VAT refunds has gone to jail for four years. In
the continuing crackdown on tax cheats, Rohland James van Niekerk,
of Trade Concept International, which operated from Polela Drive,
Kloof, pleaded guilty to fraud last week. Evidence before the
Durban Regional Court was that his business had been involved in
exporting goods, mainly to the Seychelles, which qualified for VAT
refunds. - IOL website
Ga-Rankuwa
Seiso's tormentors briefly in court - 19 February
The two teenagers who attempted to murder baby Seiso Ratswana with
boiling water and oil, returned to the place of safety where they
have been kept since late 2006 on Wednesday after their sentencing
was postponed again. Now aged 16 and 15, the two boys were
supposed to hear their fate in the Ga-Rankuwa Regional Court but
the case was postponed to March as magistrate Sarina Benade wanted
one final report before sentencing the two. "The court wants to
investigate every possible sentence option and consider everything
carefully before making a decision," she explained on Wednesday. -
IOL website
Wynberg
Elderly accused seeks private psychiatrist - 18 February
A Cape Town court will decide whether a grandmother accused of
hiring a hitman to have the wife of her love-interest killed
should be treated at a private or state psychiatric institution.
This comes after the National Directorate of Public Prosecutions
turned down representations to place Sophia de Villiers, 74, in
private care rather than a State facility. Her attorney William
Booth told the court there was no dispute that the accused did not
have the necessary intent to commit the offence and could not
stand trial. - IOL website
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Magistrates Courts
Johannesburg
Women jailed for 'worst abuse' - 17 February
Social worker Pam Wilson was the only person to show emotion when
Zaibonisha Herman was sentenced to a 15-year jail term yesterday for
beating to death her 21-month-old adopted child, Tammy. Herman has
been given leave to appeal against the sentence. The 46-year-old was
found guilty of culpable homicide and three counts of assault with
intent to commit grievous bodily harm by magistrate Lucas van der
Schyff in the Johannesburg Magistrate's
Court yesterday. Said to be one of the worst child abuse cases in
South African legal history, details emerged in the marathon trial
of how Tammy was repeatedly "tortured" by her adoptive mother. Tests
showed that the toddler had 12 broken ribs in various stages of
healing and a ruptured liver - the kind of injury usually suffered
in a "serious accident". - The
Time website
Police had tough time with Motata witnesses - 16 February
A police superintendent told the Johannesburg Magistrate's Court
that she had tremendous difficulty in dealing with witnesses in
Judge Nkola Motata's drunken driving case on Monday. Superintendent
Maxi Ryan, based at the Parkview police station, said the owner of
the property had initially refused to hand over the cellphone
recording that he had of the accused, and that the other witness did
not want to come to court, saying he feared for his life. -
IOL website
Will mysterious Mrs X ever testify? - 16 February
The application by the State to call witness Mrs X in Judge Nkola
Motata's drunken driving trial was refused by the Johannesburg
Magistrate's Court on Monday. State counsel Zaais van Zyl told the
court that he wished to renew his application to call the witness,
Mrs X, to court because there was now evidence before the court on
how the State had difficulty with witnesses, unlike when the ruling
was made on November 6, 2008. - IOL
website
Mystery witness lined up for Motata trial - 17 February
Prosecutors say "Witness X"
now wants to testify after twice refusing to do so, and after the
court twice denied applications for her to be subpoenaed.
The woman, believed to be the second witness at the scene
of the crash - has apparently changed her mind about testifying
after attending a hearing in the Motata trial in the Johannesburg
Magistrate's Court in October.
Police Superintendent Maxi Ryan testified yesterday
: "After listening to the audio
recordings, she said :
'I've been listening to what
happened. This is rubbish and I'm willing
to set the record straight'."
- The Times
website
Van Zyl wants Mrs X in court - 17 February
There was
no justification for not calling a witness, Mrs X, to testify in
Judge Nkola Motata's drunk driving trial, the Johannesburg
Magistrate's Court heard on Tuesday. State advocate Zaais van Zyl
said this in court while filing his third attempt to get Mrs X to be
called to testify. He said it was not possible for the State to
subpoena Mrs X until the late stages of the trial because her
address was unknown. He submitted that it was the court's legal duty
to call this witness, saying any failure to do this would amount to
an error of law. In his responding argument, defence counsel
advocate Danie Dorfling said if the courts were to call Mrs X, that
would infringe on his client's right to a fair trial. -
IOL website
Pinetown
'He has disappeared before' - 18 February
Mathew Naidoo, described as "the son of God" by his former
girlfriend, daughter of the couple he is accused of helping to
murder, has been released on R20 000 bail by a regional magistrate
here. Among his bail conditions is that Naidoo does not communicate
with his former girlfriend Nicolette Lotter, 26, and her brother,
Hardus. The trio are accused of murdering the siblings' parents,
Johannes and Magdalena Lotter, in their Westville home near here
last year. - IOL website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Competition
Appeal Court
1 December
2008
68/CAC/MAR/07 [2008] ZACAC 4
African Media Entertainment Ltd v Lewis NO and Others
Vodafone-Vodacom won't lessen
competition : Commission - 16 February
South Africa's Competition Commission
has referred the proposed large merger between UK-based Vodafone
and Vodacom to the Competition Tribunal, and has recommended the
merger be approved. Vodacom is currently jointly controlled by
Telkom, which holds a 50% stake, and Vodafone, which also holds
50%. The transaction proposes that Vodafone acquire a further 15%
of Vodacom from Telkom. On completion of the proposed transaction,
Vodafone will hold a 65% stake in Vodacom. -
Creamer Media's
Engineering News website
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Office of the
Public Protector
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http://www.publicprotector.org/
Moosa acted improperly, but Medupi tender not unlawful : Mushwana
- 18 February
Former Eskom board chairperson Valli Moosa has been found by the
Public Protector South Africa to have acted improperly during the
awarding of a contract related to the construction of the Medupi
coal-fired power station in 2007. However, his failure to
"manage the conflict of interest"
in compliance with Eskom's Conflict of
Interest policy did not affect the outcome of which company the
contract would have been awarded to, asserted Public Protector
Advocate Lawrence Mushwana on Wednesday. -
Creamer Media's
Engineering News website
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Government
and Legislation
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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Please note
that you may be required to be a subscriber to access certain
Committee reports |
Interesting
Documents and New Bills
Criminal Law (Forensic
Procedure) Amendment Bill :
proposed amendments
Committee Minutes
Justice and
Constitutional Development Committee
13 February
2009
Rules of Procedure for Judicial Review of Administrative Action
: public hearings
12 February 2009
Constitution 16th
Amendment Bill [B1-2009] ;
Cross-Boundary
Municipalities Laws Repeal Bill [B3-2009]
: adoption
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Legislation
DA unveils private members bill - 18 February
A day after Parliament approved the axing of Vusi Pikoli as
prosecutions chief, the Democratic Alliance on Wednesday unveiled a
private members bill that seeks to prevent the president from
filling the post with a political ally. Under the DA's proposal the
president would still appoint the national director of public
prosecutions (NDPP) but would have to choose a candidate from a
shortlist compiled by the Judicial Service Commission (JSC). -
IOL website
Broadcasting Amendment
Bill
SABC board faces shake-up - 18 February
ANC MPs are preparing the way to dislodge the embattled SABC
board. The National Assembly on Tuesday adopted the Broadcasting
Amendment Bill after making changes that were necessary to bring
it in line with the constitution, after President Kgalema
Motlanthe referred the bill back to lawmakers. ANC MPs and its
communications portfolio committee whip, Khotso Khumalo, told the
Cape Argus yesterday the committee was now waiting for Motlanthe
to sign the bill into law. It would then summons the entire board
to answer charges of failing to exercise its fiduciary duties. -
IOL website
Companies
Act
Companies
Act needed sooner - 16 February
Another area where an emergency team might delve is the new
Companies Act. The act is due for promulgation only next year, and
is a huge step forward from the previous act that was originally
promulgated in 1973. It is much simpler, and is about half the
size. But it's also a lot looser, as far as I can tell. -
Tim Cohen on the allAfrica
website
Competition
Amendment Bill
MPs ignore president's legislation concerns - 18 February
The Competition Amendment Bill, which President Kgalema Motlanthe
sent back to parliament after he was given advice that the bill
was potentially unconstitutional, was left unaltered yesterday by
the finance and foreign affairs select committee of the second
house of parliament. It looks likely that the measure will end up
in the constitutional court for adjudication. -
Business Report website
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Useful
Links and Items of Interest
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Legal Profession
South Africa
Lawyer turned politician calls it a day after 22 years of public
service - 18 February
After a career in politics spanning 22 years, Tertius Delport is
finally giving up his seat in parliament to focus on what‘s
important in his life – family. But that doesn‘t mean the lawyer-
turned-politician will be slowing down. At the age of 70, he
recently opened a law firm in Port Elizabeth with his son-in-law
and has been deeply involved in his role as chairman of the
Presidential Reference Group, tasked by former president Thabo
Mbeki to investigate thousands of requests for political pardons.
- Herald Online
website
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South Africa
Animal Rights
No more slaps on the wrist, says SPCA - 14 February
The Society for the Prevention of Cruelty to Animals (SPCA) is
determined to change South African law because, at present, those
convicted of cruelty to animals receive merely a "slap on the
wrist". This follows the appearance of Andile Jezile in the Kokstad
Magistrate's Court on Wednesday, for allegedly dragging his dog
behind his car, causing shocking injuries to the animal. The SPCA
was forced to put down the dog. -
IOL website
Keyphrase :
Animals Protection Act
Arts and Culture
SA to
revive literary classics in indigenous languages - 17 February
The Department of Arts and Culture has tasked the National Library
of South Africa to reprint literary classics in indigenous languages
to help preserve the country's heritage. Launching the Reprint of
South African Literary Classics Project on Tuesday, Minister of Arts
and Culture, Pallo Jordan said publishing literature in indigenous
languages was self-evidently an area with the greatest potential. -
BuaNews Online website
Company Law
King III
King takes dim view of directors' shares - 18 February
After 18 months of revision, a draft of the third King report on
corporate governance will be issued next week for comment. One of
the more significant changes is expected to be tightening of
remuneration policies on independent directors. -
Business Report website
Election
Motlanthe hammered for his decision - 19 February
The Cape Chamber of Commerce and Industry has taken President
Kgalema Motlanthe to task for selecting Wednesday, April 22 for the
general election, because it is in the middle of the only week of
April that doesn't already include a public holiday. -
IOL website
Finance
Task team proposes aid for struggling sectors - 17 February
Business, the government, labour and community organisations have
devised a plan to rescue struggling sectors of the economy and
reduce the estimated loss of 250 000 jobs this year.
A report of a task team of the National Economic
Development and Labour Council (Nedlac) on rescue measures is
expected to suggest extending assistance outside of the budget to
targeted sectors. -
Business Day website
Task team proposes to curb 'cheap imports'
- 18 February
A joint government, business and labour task team is proposing a
clampdown on "cheap imports" into SA as
part of a raft of measures aimed at helping local companies retain
jobs and stay afloat through the global economic slowdown.
Although aiming to stay within World Trade Organisation
rules on free trade, the restriction on cheap imports may hurt
consumers who have enjoyed cheaper goods from Asia, principally
China, in clothing and electronics.
- Business Day
website
Special
duty on textiles considered - 19 February
A special duty - over and above import duties on clothing and
textiles - might be imposed if a rescue package proposed by the
National Economic Development and Labour Council (Nedlac), and
intended to help ailing sectors, is implemented. The trade and
industry department's director-general Tsediso Matona said yesterday
it was "true that the issue of a general review of protection has
emerged. Among those measures, in addition to industrial policy
measures, would be trade policy measures". There was no tool in the
World Trade Organisation (WTO) that would allow for acting against
cheap imports per se, he said, but added that it was a country's
trade policy prerogative to upwardly review its tariffs. -
allAfrica website
Human Rights
'His underpants were soaked with blood' - 17 February
A group of Grade 11 boarders at a top Johannesburg school were
dragged out of bed at midnight, stripped naked and tortured until
some of them bled. Cricket bats, hockey sticks, golf clubs and a
whip were allegedly used to beat the victims. This was part of a
brutal initiation at Parktown Boys' High School in the northern
suburbs. - IOL website
Judiciary
Judge Hlophe
Hlophe saga reflects poorly on Bar Council
:- Ngobeni - 18 February
South Africa cannot afford a 'Janus-faced'
approach to judicial independence, writes Paul Ngobeni,
[deputy registrar, legal services, at the University of Cape
Town]. It is a crying shame that such an
august body, the General Council of the Bar (GCB), has been
hoodwinked by the arrogant posturing of the Minister of Justice
Enver Surty on the Judge John Hlophe saga. By endorsing Surty’s
half-baked legal theories, the GCB has prostituted its own
principles to curry favour with the executive. -
Cape Argus website
KwaZulu-Natal
18 February 2009
State of the Province Address by KwaZulu-Natal Premier S Ndebele
SA Government Information
website
We rescued KZN, says Ndebele - 18 February
The KwaZulu-Natal government would have collapsed had the ANC not
taken over control of the province from its rival, the IFP, in 2004,
the ruling party said on Wednesday. -
IOL website
Premier Ndebele's grand finale - 19
February
Outgoing KwaZulu-Natal Premier Sbu Ndebele spoke of unprecedented
economic growth in the province under his tenure.
Ndebele has led the province since 2004. -
Sowetan website
Ndebele
lists KZN's achievements - 19 February
The KwaZulu-Natal government would have
collapsed if the ANC had not taken over control of the province from
the IFP in 2004, the ruling party claimed yesterday. -
Dispatch Online website
Labour Law
Affirmative action needs loosening to cater for scarce skills -
17 February
Despite its successes in redressing labour market imbalances,
affirmative action has certain basic challenges that are of national
interest. At the centre of these challenges is the shortage of
critical skills, along with population growth, especially among
black people. Adding to this predicament is the country's ever
modernising and rapidly globalising economy. -
Business Report website
2010
stadium staff fired - 19 February
Mbombela stadium in Nelspruit will not
meet its April completion deadline after construction firm Basil
Read dismissed about 400 workers following an illegal strike.
The strike at Mbombela had entered its third week, and
according to Eugene du Toit, spokesman for Mbombela Stadium Joint
Venture, workers were "demanding a R70
000 bonus fee each because the project was nearing completion".
He said the first illegal strike was in December 2007 and it was
agreed that any illegal industrial action would result in
dismissals. "They participated in another
illegal strike last year June over bonus payments and we dismissed
them.
We later reinstated them under another agreement that
they will never engage in an illegal strike".
Du Toit emphasised that no worker will be reinstated this
time. - The Times website
Land Affairs and
Property
House prices: dipping or diving? - 16 February
Home repossessions, insolvencies and distressed residential property
sales "jumped alarmingly" in the last quarter of 2008, Alliance
Group's chief executive Rael Levitt notes. He says the residential
property market is now in the third quarter of a technical
recession. The index, which tracks various distressed asset
classes, shows that the residential property market is in a
deepening recession, house prices are continuing to fall and
interest rates cuts are having a muted effect on mortgage arrears. -
Moneyweb website
Bond application
difficulties - 19 February
Picking up on the widespread comments from estate agency people at
the Cape about the huge difficulties now faced by their clients when
they apply for bonds, Ivan Neethling, Chief Executive of the Cape
real estate agency Startprop, said that this had resulted in the
agents in the less affluent and disadvantaged areas
"becoming very disillusioned".
The impression recently created by some banks, he said, is that they
are facing liquidity problems and huge borrowing costs and at this
stage are looking mainly for those ideal borrowers whose other
assets make them risk free and who are generally applying for fairly
large bonds. Such buyers, said Neethling, reduce their loan to
equity risk by often putting down 40% or even 50% as a deposit. -
Cape Business News website
Property sellers beware : nasty last-minute escape route - 17
February
In light of the recent economic down-turn, sellers of immovable
property can expect to find themselves facing not only failed bond
applications but also a number of technical reasons for purchasers
to renege on what would appear "signed and sealed" deals. An
agreement for the alienation of land, other than a sale of land by
public auction, must comply with s2(1) of the
Alienation of Land Act,
1981. A deed of alienation must be signed by the parties or by their
agents acting on their written authority. However, the Act does not
indicate when signature must occur. Common law principles of
contract apply. - Moneyweb
website
Durban
waterfront gets thumbs up - 18 February
It's all systems go for the final phase and R4 billion construction
at Durban's Point Waterfront. The official nod has now been given to
the long-awaited environmental impact assessment and Premier Sbu
Ndebele announced this in his state-of-the-province address this
morning. It means that the controversial small craft harbour will
now go ahead as well as the construction of a five-star hotel and
retail zone. - IOL website
Point disclosure 'out of line' - 19 February
Premier S'bu
Ndebele has been accused of making a mockery of the country's
environmental impact assessment laws by taking it upon himself to
announce approval of the controversial Durban Point small-craft
harbour development yesterday. The criticism was levelled by senior
Durban environmental law expert Jeremy Ridl, who said it was
"outrageous" that the province's most senior politician should make
an announcement on an issue outside his direct area of
responsibility, undermining trust in the independence and integrity
of an environmental impact assessment process. -
The Mercury website
Number of farms in use falls by 13% - 18 February
The number of farms in active production fell by 12.7 percent to
fewer than 40 000 in the five years to 2007, Statistics SA said
yesterday. Agriculture experts attributed the decline to
consolidation while discounting a government view that food
producing land was being bought up for golf courses and game farms.
- Business Report website
Development
Gas-drilling scheme could be fatal to Karoo game reserve - 16
February
Graaf-Reinet's Samara Private Game Reserve says a proposal to
drill on its land to check for gas deposits could have serious
social, environmental and economic repercussions if it is
approved. But even before these issues could be properly
investigated the public needed more information on what was
planned, and an opportunity to consider the project before
responding, said Samara's attorney Derek
Light. Light said the process adopted so far by the developer was
unfair in administrative terms. -
Herald Online website
Probe into sale of golf course uncovers a web of deceit - 17
February
A forensic investigation into the failed sale of the controversial
R120-million Jeffreys Bay Golf Course has uncovered an intricate
web of deceit, possible corruption and wholesale flouting of
procurement policies by Kouga municipal officials. The damning
allegations against the municipality are contained in a forensic
investigation conducted by the auditor general at the request of
the Eastern Cape local government department. -
Herald Online website
Land Claims and
Expropriation
DA Delft councillor suspended for invasion - 18 February
A City of Cape Town disciplinary committee has found Democratic
Alliance councillor Frank Martin guilty of encouraging people to
invade homes at Delft. Committee chairperson Anthea Serritslev
said on Tuesday that the body had recommended a one-month
suspension without pay, which would go to the full city council
for ratification. - IOL
website
Keyphrase :
Delft Eviction
Case
Media
Joost's statement about sex tape - 16 February
IOL website
Who's behind Joost video? - 17
February
Former Springbok Joost van der Westhuizen has viewed the sex and
drugs video in which he allegedly stars - and he still protests
his innocence. He says his enemies are people in the entertainment
industry. - The Times
website
Expert : 65% chance it's Joost - 17 February
A face recognition expert says there's a 65% chance that the man
in the controversial sex video is the same one featured in an
older photograph of Joost van der Westhuizen in a Springbok
jersey. Beeld has forwarded some of the video clips and
some photographs of Van der Westhuizen to Barry Fryer Dudley, a
face recognition expert from Durban, for analysis. Not even the
different photographs of Van der Westhuizen provided a 100% match,
and the highest probability that the two people in these
photographs are one and the same was 81%. -
News24 website
Municipal Management
and Procedure
Cape Town
Shock increase looms for ratepayers - 18 February
The City of Cape Town will have to trim its expenditure and
possibly increase rates by as much as 11.5% after a R100-million
shortfall created by changes to the national government's grants
allocation. Mayoral committee member for finance Ian Neilson said
on Tuesday that the city would challenge the changes proposed by
Finance Minister Trevor Manuel in his Budget last week, and would
consider taking the matter to the Financial and Fiscal Commission
and the Constitutional Court. -
Cape Times website
National Prosecuting
Authority
16 February
2009
Senior National Prosecuting Authority (NPA) staff could be charged
SA Government Information
website
NPA : end of Scorpions could hamper
arms-deal probe - 17 February
The National Prosecuting Authority (NPA) admitted on Tuesday that
the imminent disbanding of the Scorpions and a sustained exodus of
staff could seriously hamper ongoing arms deal-related
investigations. "We are losing people we cannot replace and that
could really impact on one of these serious cases",
Willie Hofmeyr, the deputy national director of public
prosecutions, told Parliament's public accounts committee (Scopa).
- Mail & Guardian website
Scorpions scurry off as police takeover looms - 18 February
Investigators were leaving the Scorpions in droves ahead of its
merger with the police, parliament was told yesterday. The
National Prosecuting Authority (NPA) admitted that the imminent
disbanding of the Scorpions and a sustained exodus of staff could
seriously hamper ongoing arms-deal-related investigations. -
Herald Online website
Two names suggested to replace Pikoli - 13 February
President Kgalema Motlanthe could be interdicted from appointing a
replacement for suspended National Director of Public Prosecutions
Vusi Pikoli. Pikoli's fate is set to be sealed next week, when the
National Council of Provinces will almost certainly give the final
nod that he be fired from his position, despite vehement
opposition from outside the ANC. Two names have already been
suggested as Pikoli's possible successors - Durban advocate Muzi
Wilfred Mkhize, SC, and Public Protector Lawrence Mushwana. -
IOL website
'He intends taking the President to court' - 17 February
The Pretoria High Court will be the final stage for the showdown
between President Kgalema Motlanthe and suspended National
Director of Public Prosecutions, Vusi Pikoli. Pikoli's lawyer,
Aslam Moosajee, has already prepared papers that he will be filing
with the court in anticipation of the National Council of
Provinces, which meets today, also ratifying President Kgalema
Motlanthe's decision to axe Pikoli. -
IOL website
Pikoli points the finger at Motlanthe - 18 February
Axed prosecuting head Vusi Pikoli has accused President Kgalema
Motlanthe of firing him to protect Jacob Zuma. In papers filed
before the Pretoria High Court this morning as part of his urgent
legal bid to stop Motlanthe from appointing his successor, Pikoli
said he suspected that the President had "acted with an ulterior
purpose when he dismissed me". -
IOL website
Pikoli court documents - 18 February
IOL website
See Legislation above
Pension Funds
How retirement changes affect you - 17 February
MoneywebTax.co.za's story on retirement reform details in this
year's Budget has generated a number of questions about the
changes planned for retirement annuities and, in particular, the
changes to the treatment of employer contributions to retirement
annuity funds. - Moneyweb
website
Politics
Carl Niehaus :
the skeletons tumble out - 15 February
Over the past few days the public reputation of (now ex) African
National Congress national spokesperson, Carl Niehaus, has
unravelled in the most spectacular way. On Friday the ANC's spin
doctor himself became the centre of a news cycle that went into
overdrive following revelations by the Mail & Guardian of the
chaotic state of his financial affairs. The Saturday Star
claimed that in 2004 Niehaus lied to the law firm where he was
employed as an empowerment and transformation consultant (at R100
000 a month) to get it to pay for a return business class
ticket to London for himself and his then wife Linda Thango.
Niehaus was involved in organising an ANC concert in London, but
he told the firm, AL Mostert & Co, that his sister had died and he
had to attend the funeral. The untruth was exposed when Thango,
whom Niehaus had insisted be employed as his personal assistant,
let slip on their return that they had seen his sister the day
before. The article quoted Tony Mostert as saying he had been
"dreadfully disappointed in the man's total lack of ethics". -
Politicsweb website
ANC tells Niehaus to get his house in order - 17 February
Embattled African National Congress spokesperson Carl Niehaus was
granted a leave of absence from the party, it said on Tuesday. The
ANC on Friday said it would not abandon Niehaus and while it
accepted his resignation, it would redeploy him within the
organisation. - IOL website
Niehaus resigns his position : and ANC accepts - 18 February
Former ANC spokesman Carl Niehaus has resigned from his position
in the party, the ANC said last night. Duarte said the party had
received a letter from Niehaus's lawyer,
Ian Small Smith, indicating his desire to resign from his position
as an ANC employee. - Herald
Online website
Safety and Security
Lekota could challenge bodygaurd decision - 17 February
Congress of the People (COPE) leader Terror Lekota is considering
a legal challenge against Safety and Security Minister Nathi
Mthethwa's decision to take away his bodyguards, the party said on
Tuesday. Mthethwa made an announcement on Monday that there was no
need for the government to provide Lekota with bodyguards as his
life was not in danger. - IOL
website
South African Police
Service
SAPS
urged to pay informers rewards promised - 18 February
The Public Protector has urged the South African Police Services
(SAPS) not to renege on paying informers rewards owed to them,
saying this brought the image of the police under disrepute.
Public Protector, Advocate Lawrence Mushwana said on Wednesday
that members of the public would be reluctant to assist police in
future with intelligence, if they were promised rewards and were
not paid, in particular when such assistance involved security
risks to individuals and their families. -
BuaNews Online website
Sport and Recreation
Race card cans Boks v Maoris - 19 February
SA Rugby has turned down a request for the Springboks to play a
Maoris team from New Zealand on the grounds that the Boks do not
play teams selected on racial grounds. -
IOL website
Transport and Roads
Tollroads
Motorists
expected to pay more for toll fees from March - 16 February
Motorists travelling on all national toll routes in South Africa
will be paying more from 1 March, following adjustments made to
tariffs by the South African National Roads Agency Limited (SANRAL).
- allAfrica website
Miscellaneous
KPMG forensic unit appointed to probe SAA mismanagement claims
- 17 February
State-owned carrier South African Airways (SAA) has appointed
audit firm KPMG's forensic unit to
conduct an investigation into allegations surrounding the airline.
The airline announced on Tuesday that the investigation would
start immediately and would probe the issue of retention premiums,
alleged issues of conflict of interest and issues of procurement.
CEO of the national carrier Khaya Ngqula last week went on special
leave, following the decision by the airline's
board of directors to launch an independent investigation into
allegations of mismanagement. This came after the South African
Transport and Allied Workers Union handed over a dossier of
complaints against Ngqula and other senior SAA members to the
Minister of Public Enterprises, Bridgette Mabandla. -
Creamer Media's
Engineering News website
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Africa
Zimbabwe
Motlanthe calls for removal of sanctions - 16 February
South African President and Southern Africa Development Community
(Sadc) chair Cde Kgalema Motlanthe last Friday repeated calls for
the European Union and the United States to immediately lift
sanctions against Zimbabwe now that an inclusive Government was in
place. - Sunday News
[Zimbabwe] website
Mugabe's R57m Hong Kong residence - 17 February
Zimbabwe's Robert Mugabe has bought a £4 million (R57 million)
home in Hong Kong, Britain's Sunday Times reported. Citing
unnamed sources in Zimbabwe, the newspaper identified an
intermediary who had helped arrange the purchase of the
three-storey property, in a walled and gated complex in an
exclusive area of Hong Kong. It was bought last year, as Mugabe's
20-year-old daughter began studying at the University of Hong
Kong, the newspaper said. The paper said it was one of several
properties that the Mugabes owned in Asia, but the first to be
documented. - The Mercury
website
No-show postpones Bennett's case - 16 February
Zimbabwean ministerial nominee Roy Bennett had his terrorism case
postponed for 24 hours on Monday as the country's fledgling unity
government began work. Prosecutors in Bennett's case, which has
overshadowed the government's first day, failed to show up at the
court in the eastern town of Mutare. The controversial opposition
figure remains under arrest and police have extended the the
period for which they can hold him without trial, lawyer Trust
Maanda told AFP. - IOL website
Bennett
to appear in court today - 17 February
MDC-T national treasurer Roy Bennett is expected to appear before
a Mutare magistrates' court today on
allegations of attempting to commit acts of insurgency, banditry,
sabotage or terrorism. The former Chimanimani legislator, who
spent the weekend in police custody, was arrested at Charles
Prince Airport while trying to fly to South Africa last Friday. -
allAfrica website
Who is Roy Bennett and what makes him tick? - 19 February
Nehanda Radio website
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Asia
Cambodia
Landmark Khmer Rouge trial starts - 17 February
The long-awaited UN-backed trial of a former Khmer Rouge leader in
Cambodia has opened at a Phnom Penh court, 30 years after the
murderous regime fell. Kaing Guek Eav - better known as Duch - was
head of a notorious prison camp and is accused of presiding over
the murder and torture of at least 15 000 inmates. -
BBC News website
Singapore
The
case of Chijioke Stephen Obioha - 16 February
On 30 December 2008 Nigerian citizen Chijioke Stephen Obioha was
convicted for drug trafficking in Singapore. Drug trafficking
carries a mandatory death penalty in Singapore and Judge Woo Bih
Li duly sentenced him to death by hanging. Chijioke was arrested
in April 2007, some four months after two other Nigerians, Tochi
Amara Iwuchukwu and Nelson Okele Malachy,
were hanged in the same Singapore, both for drug trafficking.
Nelson Okele Malachy was arrested with a fake South African
passport and was subsequently often referred to as stateless.
During the Tochi/Malachy case, the South African government
naturally went to great lengths to affirm that Malachy was not a
citizen of their country, pointing out that he had a forged South
African passport. -
Daily Triumph website
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Europe
Germany
Germany
drafts bank takeover law - 18 February
The German cabinet has agreed on a draft law that will allow it to
temporarily nationalise troubled banks. The law would allow
private sector banks to be nationalised through the seizure of
their shares to support Germany's financial system. The draft law,
which still has to be approved by the German parliament, said
nationalisation would be a last resort. -
BBC News website
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United Kingdom
Courts
Corby council accused in first birth defects case since
thalidomide - 17 February
Eighteen people were born with deformities after their mothers
were exposed to "an atmospheric soup of
toxic materials", the High Court was
told yesterday. Their families are bringing a multi-million-pound
compensation claim, alleging that the defects were caused by toxic
substances released when the Corby steel works in Northamptonshire
was redeveloped. -
Times Online website
Driver guilty of M6 family deaths - 16 February
A Portuguese lorry driver has been jailed for causing the deaths
of a family of six by careless driving. David and Michelle Statham
and their four children, from Llandudno, north Wales, died when a
lorry hit their car as they travelled home from Birmingham. Paulo
Jorge Nogueira da Silva had denied causing the deaths by dangerous
driving or by careless driving on the M6 in Cheshire last October.
He was jailed for three years by a judge at Chester Crown Court. -
BBC News website
In closely watched case, Britain’s highest court favors deporting
nilitant cleric - 18 February
A Palestinian-born cleric described by British security officials
as "a significant international
terrorist" lost the latest round in a
seven-year battle to remain in Britain as a refugee on Wednesday
when Britain's highest court ruled that
he could be deported to Jordan. The preacher, known as Abu Qatada,
was convicted in absentia by Jordanian courts in a terrorist
bombing and a bomb plot in the 1990s. His lawyers argue that he
should not be sent there because he might be tortured. But the
British government considers him a security risk because he has
called on British Muslims to become martyrs and because of his
suspected links to Al Qaeda. -
New York Times website
Human Rights
Leading jurists
call for urgent steps to restore human rights in efforts to
counter terrorism - 17 February
In one of the most extensive studies of counter-terrorism and
human rights yet undertaken, an independent panel of eminent
judges and lawyers today presents alarming findings about the
impact of counter-terrorism policies worldwide and calls for
remedial action. - eGov
monitor website
Legislation
BCS raises serious
concerns about the
Coroners and Justice Bill - 17 February
The British Computer Society (BCS) is today raising its concerns
with members of the Bills Committee (Coroners
and Justice Bill) over proposals to make very significant
changes to the Data Protection Act (DPA) 1998. -
eGov monitor website
Municipal Management
and Procedure
Outgoing
Councillors not let off the hook for past behaviour - 18
February
In a further move to ensure that councillors continue to deliver
the best for local people or face the consequences, Local
Government Minister John Healey has today laid regulations
ensuring the councillors' code of conduct still has full force -
during the transition to the new unitary authorities in
Bedfordshire, Cheshire, Cornwall, Durham, Northumberland,
Shropshire and Wiltshire. -
eGov monitor website
See also :
Government to build on success of ethical framework for
councillors - 2 October 2008
Proposals to enhance the ethical framework for councillors will be
set out today, including clarifying the application of the
framework to the conduct of councillors in their private lives. In
recognition of councillors' public profile, new proposals will
help to provide further public reassurance that councillors behave
lawfully in all areas of their lives. The aim is to clarify that
certain provisions of the code of conduct for local authority
members also apply to a councillor's conduct in their private
lives, where that conduct constitutes a criminal offence that
leads to a criminal conviction in the courts. -
Communities and Local
Government website
Codes of conduct for local authority members and employees
: a
consultation
Consultation
documents
Councillors Code of Conduct
Bedford Borough Council
website
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United States
Miscellaneous
US
Muslim TV boss 'beheaded wife' - 17 February
The founder of a US Muslim TV network has been charged over the
beheading of his wife, media reports say. Muzzammil Hassan is
accused of second degree murder of Aasiya Hassan, whose body was
found last week at the TV station in New York state. Both Mr
Hassan and his wife worked at Bridges TV, a station aimed at
countering stereotypes of Muslims. Authorities said Mrs Hassan had
recently filed for divorce. - BBC
News website
Beheaded woman's sister : I might have heard deadly
confrontation - 17 February
A woman who was beheaded near Buffalo, New York - allegedly by
her husband - may have been on the phone with her sister when
she was killed. Asma Firfirey of suburban Cape Town, South
Africa, told the Afrikaans newspaper Die Burger that she
was on the phone with her sister, Aasiya Zubair Hassan, last
week when she heard Hassan tell her husband to calm down. She
said she heard Hassan say the two could talk about their
impending divorce the following day. Then she heard something
that sounded like her sister struggling to breathe, she said.
Police have charged Hassan's husband, Muzzammil Hassan, with
second-degree, or intentional, murder in the death of his wife,
according to the Erie County District Attorney's Office. Her
decapitated body was found at the offices of Bridges TV, the
television network where Muzzammil Hassan was chief executive
officer and Aasiya Hassan was general manager. -
CNN website
Beheading in New York appears to be honor killing, experts say
- 17 February
The beheading of 37-year-old Aasiya Hassan has all the markings
of an honor killing, psychologists and Islamic experts tell
FOXNews.com, as the upstate New York woman's husband awaits a
preliminary hearing on murder charges. Dr Phyllis Chesler, an
author and professor of psychology at the Richmond College of
the City University of New York who wrote "Are Honor Killings
Simply Domestic Violence?" for Middle East Quarterly,
said some Muslim men consider divorce a dishonor on their
family. "This is not permitted in their culture," said Chesler,
whose study analyzed more than 50 reports of honor killings in
North America and Europe. "This is, from a cultural point of
view, an honor killing". Chesler said honor killings typically
are Muslim-on-Muslim crimes and largely involve teenage
daughters, young women and, to a lesser extent, wives. But
Chesler said the "extremely gruesome nature" of the crime
closely matches the characteristics of an honor killing. M Zuhdi
Jasser, founder and chairman of the American Islamic Forum for
Democracy, agreed with Chesler. -
Fox News website
See also :
Are
honor killings
simply domestic
violence? - Spring 2009
Article by Phyllis Chesler in the Middle East Quarterly
Middle East Forum website
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International
Securing rights for Muslim women - 18 February
Campaigners from Afghanistan set out the country's new marriage
contract. Activists from Morocco explained how they secured
wholesale reform of family law. These were just two of the issues
discussed by hundreds of Muslim women who gathered in Malaysia to
launch a new global campaign for equality. Reform of family law is
at the heart of the campaign, to tackle what organisers called the
"untenable" treatment of some Islamic women. Polygamy, consent to
marry, inheritance rights, custody of children after divorce - all
are areas where they want change. -
BBC News website
Keyphrase :
Zainah Anwar
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