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News
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Recent
Judgments Available on the Internet
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Renaming of the
High Courts - Abbreviations |
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Supplied by LexisNexis |
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Old Name of court |
Old Abbreviation |
New Name of court |
New Abbreviation |
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Ciskei High Court |
Ck |
Eastern Cape High Court, Bhisho |
ECB |
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Eastern Cape Provincial Division |
E |
Eastern Cape High Court, Grahamstown |
ECG |
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Transkei High Court |
Tk |
Eastern Cape High Court, Mthatha |
ECM |
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South Eastern Cape Local Division |
SE |
Eastern Cape High Court, Port Elizabeth |
ECP |
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Orange Free State Provincial Division |
O |
Free State High Court, Bloemfontein |
FB |
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Durban and Coast Local Division |
D |
KwaZulu-Natal High Court, Durban |
KZD |
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Natal Provincial Division |
N |
KwaZulu-Natal High Court, Pietermaritzburg |
KZP |
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Witwatersrand Local Division |
W |
South Gauteng High Court, Johannesburg |
GSJ |
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Transvaal Provincial Division |
T |
North Gauteng High Court, Pretoria |
GNP |
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Northern Cape Provincial Division |
NC |
Northern Cape High Court, Kimberley |
NCK |
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Bophuthatswana High Court |
B |
North West High Court, Mafikeng |
NWM |
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Venda High Court |
V |
Limpopo High Court, Thohoyandou |
LT |
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Cape Provincial Division |
C |
Western Cape High Court, Cape Town |
WCC |
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Constitutional
Court of South Africa
-
www.constitutionalcourt.org.za
;
http://www.saflii.org/za/cases/ZACC/
1 April 2009
CCT
01/09 [2009] ZACC 10
Netherburn
Engineering CC trading as Netherburn Ceramics v Mudau and Others
1 April 2009
CCT
24/08 ;
CCT
52/08 [2009] ZACC 9
President of the Republic of South Africa
and Others v Quagliani ; President of
the Republic of South Africa and Others v Van Rooyen and Another
; Goodwin v Director-General, Department of Justice and
Constitutional Development
1 April 2009
CCT
36/08 [2009] ZACC 8
Director of Public
Prosecutions, Transvaal v Minister for Justice and Constitutional
Development and Others
26 March 2009
CCT
99/08 [2009] ZACC 7
Machele and Others v Mailula and Others
Application
to prevent the carrying out of an
eviction until the validity of the eviction order had been finally
determined in the Supreme Court of Appeal
Concourt to rule on Jeppe Street evictions - 25 March
A group of Johannesburg flat dwellers will hear on Thursday
whether they have succeeded in their Constitutional Court
challenge against a decision to evict them. Residents of Angus
Mansions, in Jeppe Street, were to be evicted on December 15 even
though their court challenge against the move was pending. Arguing
before the Constitutional Court on December 3, they contended that
evicting them before their appeal was heard - and could be won -
would cause them irreparable harm. They also challenged the merits
on which the eviction order was granted. -
IOL website
20 March 2009
CCT
97/07 [2009] ZACC 6
Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews
and Another
5 March 2009
CCT
08/08 [2009] ZACC 5
Johncom Media Investments Limited v M and Others
The right to
freedom of expression versus the right to privacy and dignity
Media release from the Women's
Legal Centre
23 March 2009
Muslim personal law class action
suit launched
On 12 February
2009, the Women's Legal Centre filed an
application at the Constitutional Court seeking an order that the
State has failed to fulfill its obligations in relation to
equality of women in that they failed to pass legislation for the
recognition of marriages concluded under Islamic rites.
This failure of
South African law to recognise Muslim Personal law means that the
consequences of marriage - divorce, maintenance, status of
children, custody of children, access to children and the rights
of inheritance - are not regulated by existing South African
legislation.
The Women's
Legal Centre is not advocating what the content of the law should
be, says, Jennifer Williams, Director of the Women's
Legal Centre. "The State must follow due
process by being transparent and consult with the community. What
we are doing is appealing to the Constitutional Court that
legislation should be passed within a timeframe as a matter of
urgency to alleviate the prejudicial effect on Muslim women".
Papers were
served on the President of The Republic of South Africa, Minister
of Justice and Constitutional Development, Minister of Home
Affairs, Speaker of the National Assembly and the Chairperson of
the National Council of Province.
The WLC argued
that the failure to recognise Muslim marriages concluded in
accordance with Islamic rites discriminates against Muslim women
on the grounds of gender and religion.
"As a result of the historical
patriarchal and apartheid society we come from, Muslim women still
bear the economic impact at dissolution of marriages. They are
often vulnerable and the victims of deep patterns of disadvantage.
Women have had to access the courts to adjudicate on their
constitutional rights, which is costly and time consuming.
Although the courts have acknowledged Muslim women's
constitutional rights to equality by making decisions on an ad
hoc basis in relation to Muslim marriages, it falls short of
being able to provide adequate protection for Muslim women as it
can only adjudicate on matters before the court. Rather than
piecemeal legislation developed through the courts, it is
incumbent on the State to pass legislation governing marriages
concluded in terms of Islamic rites".
Prepared by : FD
Beachhead
Muslim Marriages Bill
heading for Cabinet - 24 March
Justice bosses are rushing through laws that will stop Muslim
women from being treated as second-class citizens - only weeks
after their failure to pass such laws saw legal action being
launched against President Kgalema Motlanthe. The Department of
Justice said on Monday that a Muslim Marriages Bill - which
recognises marriages concluded according to Islamic rites - should
be submitted to the cabinet for approval this week. -
IOL website
Court action falls foul of Qur'an : Muslims - 26 March
The majority of South African Muslims are "incensed" by the
government's intention to regulate their marriages. So contend 34
traditional Muslim bodies who are fiercely opposed to an
application before the Constitutional Court to force the
government to initiate legislation for the legal recognition of
Muslim marriages. - IOL
website
Zuma Case
Reasons not
to charge Zuma unpacked - 19 March
If the National Prosecuting Authority (NPA) decides not to charge
Mr Jacob Zuma, they will obviously have a lot of explaining to do.
But what plausible reasons could the NPA possibly provide to
justify such a decision? There seems to be at least three possible
ways for the NPA to justify its decision if it decides to go that
rout. - Pierre de Vos on the
Constituionally
Speaking website
Fact : Zuma
has a case to answer - 20 March
No matter what decision the National Prosecuting Authority (NPA)
takes regarding the prosecution of Mr Jacob Zuma, one
incontrovertible fact remains: Mr Zuma does have a criminal case
to answer. . . . I sincerely hope that my speculation is all
wrong. If I am correct it would mean that the ANC, through its
cadre deployment policy, had thoroughly corrupted one of the
pillars of our criminal justice system and that the NPA - a
constitutionally created body whose independence has been
guaranteed by the Constitution - was used to fight party political
battles. We need the NPA to be impartial and independent and to be
above party political battles and conspiracies. - Pierre de Vos on
the
Constitutionally Speaking website
'I was right to charge Zuma'
- 22 March
The man who charged Jacob Zuma with corruption and fraud says he
still stands by his decision to indict the ANC president.
Thanda Mngwengwe, the head of the now defunct Scorpions
unit, spoke for the first time publicly to the Sunday Times
yesterday about Zuma's representations
to the acting national director of public prosecutions, Mokotedi
Mpshe. - The Times
website
Trying to
manufacture figs out of horse manure . . . - 24 March
Lawyers for Hlophe seemed to have had a torrid time trying to
explain to the nine judges of the Supreme Court of Appeal (SCA)
what the legal basis for their case was. To be fair, Hlophe's
lawyers did not really have a case to start with - they were
really trying to convince the nine judges that perdedrolle
eintlik vye is (an Afrikaans saying loosely translated as
trying to convince someone that horse manure are in fact figs).
And it cannot be fun to be grilled by nine SCA judges ready to
point out the absurdities and contradictions in one's
arguments.
Hlophe has, of course, also attacked the judges of the
Constitutional Court in the most vehement fashion without
affording them a hearing or considering the impact of his
statements on their human dignity and standing.
-
Pierre de Vos on the
Constitutionally
Speaking website
Spotlight falls on key Zuma, NPA players - 29 March
Bombshell evidence that is said to point to executive interference
has placed the spotlight on a range of key players in the
Zuma/National Prosecuting Authority (NPA) drama over the past few
years. And there are many as yet unanswered questions which are
understood to be posed by the new evidence in the possession of
the Zuma team. - IOL website
Curioser
and curiouser in Wonderland - 27 March
Now we are told that Mr Zuma's lawyers
handed evidence - recordings of tapped phone conversations
involving former Scorpions boss Leonard McCarthy and former NPA
head Bulelani Ngcuka, among others - to the NPA earlier this year
as part of their representations as to why Zuma's
corruption case should be dropped. Let
us look at the law. The tapping of phones are regulated by the
snappily named Regulation
of Interception of Communications and Provision of
Communication-Related Information (Act 70 of 2002). This
Act prohibits the interception of communications without the
consent of the parties - unless specific narrowly defined criteria
are met. It therefore seems perplexing that Mr Zuma's
high powered legal team would have submitted this perhaps
illegally obtained evidence to the NPA, thus exposing themselves
to criminal prosecution. - Pierre de Vos on the
Constitutionally
Speaking website
Accepting spy tapes is an offence : experts - 2 April
As the nation waits for news on whether the National Prosecuting
Authority (NPA) will drop the charges against ANC President Jacob
Zuma, pressure is mounting for the alleged spy tapes which form
part of his representations to be investigated and made public. In
addition, serious questions have been raised about the legality
and admissibility of such evidence. -
IOL website
McCarthy spy tapes surface - 2 April
A transcript showing that former Scorpions boss Leonard McCarthy's
telephone calls were intercepted by police surfaced on Wednesday.
The transcript was part of a sworn statement by former airport
security chief Paul O'Sullivan. While there is no official
confirmation that spy tapes allegedly showing a political plot
behind the prosecution of ANC president Jacob Zuma forms part of
his legal team's representations to get him off the hook, the
latest affidavit gives credence to the existence of intercepted
conversations. However, it is still not clear whether the
interception was legal or whether McCarthy was the subject of
illegal tapping by the police. -
IOL website
Zuma misses deadline - 30 March
Jacob Zuma and the ANC's lawyers have missed a Constitutional
Court deadline - adding fuel to speculation that they were
expecting all charges against the ruling party president to be
dropped. - IOL website
Is NPA entitled to drop Zuma charges? - 2 April
At least two political parties are considering turning to the
courts should the National Prosecuting Authority decide to drop
charges against ANC leader Jacob Zuma. A decision on the matter
was expected earlier in the week, but the NPA indicated it would
only say on Friday when the announcement on the way forward for
Zuma's corruption case would be made. -
IOL website
Politics versus the law - 2 April
What Jacob Zuma's tortuous legal battles
reveal about the country’s courts, judges, politics—and its likely
next president. The National Prosecuting Authority (NPA) looks set
to drop all charges of corruption, racketeering, tax evasion,
money-laundering and fraud against Jacob Zuma, leader of the
ruling African National Congress (ANC). But whether it does or
not, he is still pretty sure to become South Africa's
next president after this month's
general election, when the new parliament then elects the head of
state. That may end a legal drama that has captivated the country
for the past eight years. But what would it say about the
independence of the criminal-justice system? -
Economist website
NPA keeps Zuma waiting - 3 April
The National Prosecuting Authority said it would make its
announcement on how it would proceed with the Jacob Zuma
investigation on Monday, reporters outside the authority's offices
told Sapa on Friday. - 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/
31 March
2009
736/07 [2009] ZASCA 42
Botha v Regional Magistrate Cox NO and Another
Application for recusal - alleged bias on part of magistrate
- test for recusal not met
- application to lead further evidence
dismissed - evidence wilfully withheld
31 March 2009
221/08 [2009] ZASCA 41
National Tertiary Retirement Fund v Registrar of Pension Funds
Pension Funds Act 24 of
1956 – amendment of rules – benefits payable upon
retirement reduced – reduction affecting benefits payable upon
cessation of membership prior to retirement – amendment not
inconsistent with s 37A and s 14A – no discretion to refuse
registration conferred on registrar by s 12(1)(b)
31 March 2009
116/2008 [2009] ZASCA 40
Silouette Investments Ltd v Virgin Hotels Group Ltd
Extinctive Prescription – whether debtor 'outside the Republic' in
terms of s 13(1)(b) of
Prescription Act 68 of 1969 – whether interruption of
prescription effected by service of summons lapsed in terms of s
15(2) of the Act when summons amended so as to substitute new
plaintiff, after which summons re-amended so as to re-introduce
original plaintiff
31 March 2009
380/2008 [2009] ZASCA 39
Rudolph and Others v Minister of Safety and Security and Others
Claim for damages - Arrests and
detention of appellants unlawful as no offence committed in the
presence of peace officer - Prosecution
of appellants malicious - Requirement of
'malice'
considered in the context of animus injuriandi held to have
been met ' Substantial damages awarded
on appeal
31 March 2009
147/08 [2009] ZASCA 38
Transman (Pty) Ltd v Dick and Another
Jurisdiction – the high court has jurisdiction to entertain
administrative reviews – dismissals from employment cannot be
challenged by means of review – non-compliance with administrative
law rules incorporated into employment agreements constitutes a
contractual breach giving rise to ordinary remedies
31 March 2009
168/08 [2009] ZASCA 37
Beleggings v Commissioner for the South African Revenue Service
Income tax – amount paid to appellant, a hotelier, to compensate
it for the cancellation of a contract to accommodate a number of
people in its hotel for more than two years – such contract not
forming part of the appellant's income-
producing structure – payment not of a capital nature and subject
to tax
31 March 2009
697/08 [2009] ZASCA 36
Langa and Others v Hlophe
Judge – complaint of judicial misconduct by other judges – alleged
violation of accused judge's constitutional rights – no right to
be heard before complaint filed and media statement issued
No crisis, says Constitutional Court - 21 March
Constitutional crisis? Forget it. That's what 13 Constitutional
Court judges will tell the Supreme Court of Appeal in Bloemfontein
next week when they take on controversial Cape Judge President
John Hlophe. On Monday the Concourt judges' appeal against a
Johannesburg High Court ruling partly in Judge Hlophe's favour is
due to be heard, arising out of the Concourt judges' complaint
against Judge Hlophe in May 2008. -
IOL website
Hlophe withdraws application at SCA - 23 March
Cape Judge President John Hlophe's legal team withdrew an
application for the recusal of Supreme Court of Appeal (SCA)
deputy president Louis Harms in an appeal in Bloemfontein on
Monday. A panel of nine judges of the SCA are hearing an
application by the judges of the Constitutional Court who are
appealing against a ruling in favour of Hlophe. The SCA panel is
led by Harms, who confirmed the withdrawal in chambers with
Hlophe's legal team before the proceedings started. -
IOL website
Hlophe cuts off nose to spite face - 26 March
It is a curious anomaly - one of those peculiar
"only in South Africa" moments -
that the judges of the Constitutional Court now appear as
litigants before the Supreme Court of Appeal. The fact that it is
brought by, and registers against, very senior judges, that the
Supreme Court is being asked to decide a constitutional matter
against the very judges who would ordinarily constitute the
highest court in the country on just such matters, must make all
of us a little unsettled. -
The Times website
Judgment delivered in the Supreme Court of Appeal : Langa and Others
v Hlophe - 31 March
The Supreme Court of Appeal (SCA) today held that justices of the
Constitutional Court did not act unlawfully when they made a
complaint to the Judicial Service Commission against the Judge
President of the Cape High Court without first affording him an
opportunity to be heard. It also held that they did not act
unlawfully by issuing a media statement announcing that they had
made the complaint. -
Politicsweb website
Constitutional Court 1 : Hlophe 0 - 31 March
The judgment of the SCA is a object of great beauty. Concise,
erudite and forensically sharp, it demolishes the arguments of the
High Court with quiet dignity and towering authority. But reading
between the lines it represents a stern rebuke of Hlophe and his
legal/political strategy aimed at averting attention from the
substantive issues involved in the JSC complaint against him. -
Pierre de Vos on the
Constitutionally
Speaking blog
Judges acted lawfully in dealing with Hlophe - 1 April
The Supreme Court of Appeal (SCA) yesterday upheld an appeal by
judges of the Constitutional Court relating to a dispute with
Western Cape Judge President John Hlophe. -
Cape Times website
Hlophe approaches ConCourt - 1 April
Cape Judge President John Hlophe will apply for leave to appeal to
the Constitutional Court following a ruling against him on Tuesday,
SABC radio reported on Wednesday. This move is to likely complicate
matters, since the application will directly involve the judges of
the Constitutional Court, who won a case against Hlophe in the
Supreme Court of Appeal on Tuesday. -
IOL website
See also :
Judicial Service Commission
below
South Gauteng High Court. Judicial
Service Commission : Hlophe
below
31 March 2009
139/08 [2009] ZASCA 35
Jeebhai and Others v Minister of Home Affairs and Another
Immigration Act 13 of 2002
read with Immigration Regulations - lawfulness of arrest,
detention and deportation of illegal foreigner
Court rules Rashid's deportation unlawful - 31 March
The detention and deportation of Pakistani national Khalid Mahmood
Rashid from South Africa to Pakistan in 2005 were unlawful, the
Supreme Court of Appeal held on Tuesday. The SCA upheld an appeal,
brought on Rashid's behalf, that his detention at the Cullinan
police station from November 1, 2005 and his subsequent
deportation to Pakistan on November 6 were unlawful. -
IOL website
31 March 2009
320/08 [2009] ZASCA 34
Ulde v Minister of Home Affairs and Another
An arrest of an illegal foreigner under s 34(1) of the
Immigration Act 13 of 2002
is subject to the exercise of a discretion by an immigration
officer. The discretion is to be construed in favorem
libertatis. Where a magistrate had granted bail to a suspected
illegal foreigner, an immigration officer could not ignore this
fact in the exercise of his discretion
31 March 2009
298/08 [2009] ZASCA 33
MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd
Legitimate expectation – provincial government department closely
involving private business entities in its procurement processes –
after two years, abruptly changing practice without notice –
unfair and unlawful – decision set aside – two years not too short
for practice to come into being – fact that alternative source of
funds used irrelevant –budgetary decisions and procurement
processes not to be conflated for purpose of determining duty of
fair decision-making
30 March 2009
524/07 [2009] ZASCA 32
S v Mzizi
Condonation – good cause – the requirements of good cause restated
Special entry
in terms of s 317 of the
Criminal Procedure Act 51 of 1977
30 March 2009
159/08 [2009] ZASCA 31
Minister for Justice and Constitutional Development v Chonco
and Others
Constitutional law – applications for pardon under s 84(2)(j) of
the Constitution – whether Minister for Justice and Constitutional
Development under constitutional obligation to process
applications before the President considers whether to exercise
his power under the section
See also :
North Gauteng High Court.
Presidential Pardons below
30 March 2009
178/08 [2009] ZASCA 30
South African Broadcasting Corporation v Coop and Others
Court order – meaning and effect – SABC seeking to phase out and
withdraw benefits it had been ordered to maintain – not shown by
SABC that legal basis of order no longer in existence
30 March 2009
207/08 [2009] ZASCA 29
Matlholwa v Mahuma and Others
Voluntary association – expulsion of member from political party –
whether authorised and empowered by constitution
30 March 2009
523/07 [2009] ZASCA 28
S v Dube and Others
Special entry - recusal on grounds of
appearance of bias
Test for bias
- judicial officer's failure to recuse
himself tainted the appeal process -
order set aside - appeal remitted for
rehearing
27 March
2009
659/2007 [2009] ZASCA 27
African Products (Pty) Ltd v AIG South Africa Ltd
Insurance – Interpretation of policy containing expression
'unforeseen and sudden'
– to avoid tautology 'sudden',
which also bears meaning of unforeseen, to be given its temporal
meaning, ie 'abrupt',
'occurring quickly'
or 'happening all at once'
27 March 2009
123/08 [2009] ZASCA 26
Checkers Supermarket v Lindsay
Negligence – what constitutes – customer slipping on supermarket
floor – cleaning system inadequate – supermarket negligent
27 March 2009
549/2007 [2009] ZASCA 25
Yellow Star Properties 1020 (Pty) Ltd v Department of
Development Planning and Local Government (Gauteng)
Contract – damages for breach – contract found to have been
invalid in previous litigation between the parties – special plea
of res judicata or issue estoppel upheld – further
special plea that alternative delictual claim had prescribed also
upheld
27 March 2009
315/08 [2009] ZASCA 24
Shoprite Checkers (Pty) Ltd v Commission for Conciliation,
Mediation and Arbitration and Others
Review
of CCMA award - standard
- reasonableness -
power of reviewing court - application
of s 145 of the Labour
Relations Act 66 of 1995 -
unacceptable delay in finalising labour matters
27 March 2009
161/08 [2009] ZASCA 23
Joob Joob Investments (Pty) Ltd v
Stocks Mavundla Zek Joint Venture
Building contract - interpretation of
- nature of interim certificates
- validity of certification of damages
- summary judgment proceedings discussed
- summary judgment rightly refused
27 March 2009
219/2008 [2009] ZASCA 22
Hoërskool Ermelo and Another v Head of Department of Education
: Mpumalanga and Others
Schools – language policy – ss 22 and 25 of
Schools Act 84 of 1996
– language policy remains the exclusive function of the governing
body of an existing school
SCA rules on Ermelo High School appeal - 27 March
The Supreme Court of Appeals on Friday upheld an appeal by the
Ermelo High School and its governing body against the Education
Department in Mpumalanga. The court ordered that the education
department's decision to withdraw the function of the governing
body to determine the language policy of the school, be set aside.
- IOL website
27 March 2009
280/2009 [2009] ZASCA 21
Ekurhuleni Metropolian Municipality v Dada NO and Others
Review by court of conduct of municipality – Judge making order
that municipality should purchase property on which informal
settlement established – Such order not sought by parties, but
clearly the result of a preconceived solution arrived at by the
judge – Such a prohibited usurpation by judge of the functions and
duties of the municipality – Lack of 'judicial
deference' displayed by judge in
considering the municipality's working
procedures, conduct and decisions – Order to purchase property set
aside
Court
overturns order to buy squatter land - 30 March
The Supreme Court of Appeal on Friday set aside the decision of
the Johannesburg High Court which ordered the Ekurhuleni
Municipality to buy property that had been occupied by squatters.
The appeal court found that the judge did not address the issue of
the eviction of the unlawful occupiers of the land, but instead
ordered that the municipality purchase the land for the occupiers.
- allAfrica website
25 March 2009
489/08 [2009] ZASCA 20
City of Johannesburg and Others v Mazibuko and Others
Section 27 of Constitution
– sufficient water is the quantity of water required for dignified
human existence – the
Water Services Act 108 of 1997 does not deprive anyone of
the right of access to sufficient water in terms of s 27(1) – a
person who cannot afford to pay for water has no access to water
being charged for – local authority obliged to supply free water
to residents who cannot afford to pay for the water if reasonable
to expect it to do so – prepayment water meters used by appellants
not authorised by bylaws and unlawful
Supreme Court of
Appeal (SCA) hands down judgment on Phiri water case - 27
March
This morning, Wednesday 25th March, the Supreme Court of Appeal (SCA)
in Bloemfontein handed down its judgment in the years-long Phiri
water case. The judgment was the result of an appeal by the City
of Johannesburg/Johannesburg Water and the Department of Water
Affairs and Forestry of the previous ruling of the Johannesburg
High Court in April 2008, which declared that prepaid water meters
were both illegal and unconstitutional and ordered the City to
provide residents with 50 litres of free water per day. -
Anarkismo website
20 March 2009
177/2008 [2009] ZASCA 19
Carter v Haworth
Whether a 'judgment'
of a trial court 'allowing damages'
and other relief, and determining certain factual findings to be
referred to an actuary to facilitate the calculation of an item of
damage, which was to be thereafter referred back to the judge, is
appealable
20 March 2009
241/2008 [2009] ZASCA 18
Road Accident Fund v Monani and Another
Dependants' claim for loss of
support – court's wide, equitable
discretion to arrive at a fair award – One dependant dying
contemporaneously with breadwinner – Such dependant's
hypothetical share of maintenance to be distributed amongst
surviving dependants
19 March
2009
391/08 [2009] ZASCA 17
S v Mnisi (Themba)
Criminal Law - Sentence
- Diminished responsibility
- deterrence
Betrayed killer's term slashed - 20 November
A cuckolded husband who shot and killed his wife's lover after
finding the pair locked in a passionate embrace has had his
eight-year sentence slashed by the Supreme Court of Appeal. Two
appeal court judges on Thursday reduced 31-year-old Doctor Mnisi's
murder sentence to five years, after finding that he had acted
with "diminished capacity" when he killed Joshua Hlatswayo. -
IOL website
19 March 2009
256/08 [2009] ZASCA 16
Brink
v Premier of the Free State Province and Another
Contract – interpretation of – language to be given its
grammatical and ordinary meaning
19 March 2009
686/07 [2009] ZASCA 15
Melamed & Hurwitz Incorporated v Goldberg
Appeal
against order that attorney's fee be
referred to Law Society for determination dismissed: agreed fee
found to be extortionate and the client overreached
19 March 2009
563/08 [2009] ZASCA 14
S v Mokoena
Criminal Law : sentence
: the function of a court in
imposing
sentence is to
determine the maximum period the convicted person
may be
imprisoned. It is improper for the court to attempt to
determine the minimum period
19 March
2009
50/08 [2009] ZASCA 13
Botha v Law Society of the Northern Provinces
Attorney – books of account chaotic – touting for work – unfit to
practise – struck from the roll
Drie 'oneerlike'
Pretoriase prokureurs van rol geskrap - 29 March
Drie "oneerlike"
Pretoriase prokureurs wat in die appelhof
aangevoer het die Pretoriase hooggeregshof het hulle te swaar
gestraf met 'n skorsing, is nou van
die prokureursrol geskrap. Mnre Conri Botha, Nicolaas Daniël de
Jongh en Cornelius Labuschagne was vennote in die firma De Jongh
& Pienaar. Die hooggeregshof het vroeer
beslis hulle is nie geskikte persone
om as prokureurs op te tree nie en het hulle vir twee jaar
geskors. - Beeld website
17 March
2009
182/08 [2009] ZASCA 12
Fourie v Bekker NO and Others
Koopkontrak ten opsigte van stuk grond geïdentifiseer op
aangehegte kaart – geldigheid van kontrak – uitvoerbaarheid van
hofbevel
17 March 2009
715/07 [2009] ZASCA 11
Tsedu and Others v Lekota and Another
Defamation – whether report defamatory – quantum of damages
Keyphrases :
"ANC top brass spied on one another : apartheid agent"
City Press
Media 24 (Pty) Ltd
17 March 2009
128/08 [2009] ZASCA 10
Bantry Construction Services (Pty) Ltd v Raydin Investments
(Pty) Ltd
Arbitration – application for award to be made order of court -
failure to counter-apply to review award – consequences thereof
17 March 2009
266/08 [2009] ZASCA 9
Holeni v Land and Agricultural Bank of South Africa
Section 11(b) of the
Prescription Act 68 of 1969 -
'the State'
does not encompass the Land and Agricultural Development Bank of
South Africa - therefore a three-year
period rather than a 15-year period of prescription applies
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Commercial Crimes Courts
Bellville
Ex-attorney in dock for defrauding RAF - 25 March
A
former attorney convicted of stealing money claimed from the Road
Accident Fund on behalf of clients requested on Wednesday that his
sentencing be postponed to May. Appearing in the Bellville
Specialised Commercial Crime court, Sean Guy asked magistrate
Amrith Chabilall to postpone his case so he could obtain a
psychiatric report. He also said he would like his lawyer, Reuben
Liddell, to be present for mitigation purposes as he was unable to
attend Wednesday's proceedings. Guy was found guilty last month on
13 counts of theft and one of failing to keep proper accounting
records as required by the
Cape Law society. -
IOL website
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Electoral Court
IEC to decide on objections today - 23 March
The Independent Electoral Commission (IEC) will decide today on
the objections made against nominated candidates of political
parties that will contest the 2009 General Elections. In terms of
the Election Timetable, the objections received by the Commission
must be considered and decided by today, March 23rd. The Electoral
Commission will then compile a final list of candidates on or
before April 3rd, and on April 7th ;
candidates will be issued with their certificates. -
Bush Radio News
website
23 March 2009
Commission decisions on objections to the nominations of
candidates, section 30 of the Electoral Act, 1998
SA Government Information
website
FF Plus takes Winnie matter to electoral court - 24 March
The Freedom Front Plus (FF Plus) is determined to see that Winnie
Madikizela-Mandela is not allowed to contest the forthcoming
election, and after having its protest to the Independent
Electoral Commission (IEC) turned down, it has decided to take the
matter to the electoral court, the party said on Tuesday. -
Mail & Guardian website
IEC
clears Winnie as MP candidate - 26 March
Winnie Madikizela-Mandela - fifth on the party's
candidate list - will be allowed to represent the ANC in
parliament, the IEC said yesterday.
It said that she "is not
disqualified from standing as a candidate in the election"
and that the objections lodged by the DA and Freedom Front Plus,
citing her fraud conviction, were "accordingly
dismissed". -
Weekend Post website
ANC welcomes IEC decision on candidates - 23 March
The ANC has welcomed the IEC's dismissal of objections lodged
against three of its candidates for the April 22 election. The
objections included opposition to the candidature of ANC president
Jacob Zuma and national executive committee member Winnie
Madikizela-Mandela. - IOL
website
Objections lodged against candidates, including two dead - 24
March
Objections were received against 338 candidates out of 9425
standing in the April 22 national and provincial elections by the
closing date of March 18, the Independent Electoral Commission (IEC)
disclosed at the weekend - two of them because the person
nominated was dead.-
Weekend Post website
Electoral Court slams IEC papers - 1 April
The Electoral Court has rebuked the Independent Electoral
Commission for the "shocking state" of the candidates list handed
to it by the commission, saying it was impossible for any court to
rule on the impasse over candidates who are not registered on the
voters roll. In a scathing letter to the IEC on Tuesday presiding
Electoral Court Judge Khayelihle Mthiyane chastised the commission
for "throwing" papers at the court. The IEC had sought clarity
from the court on the interpretation of the law in dealing with
candidates who are not registered voters. -
IOL website
'Shoddy' papers may delay poll timetable - 3 April
"Shoddy papers" submitted to the Electoral Court for clarity on
candidates not on the voters' roll could delay the election
timetable, the court's chairman said on Friday. Justice Kenneth
Mthiyane said the court had not yet come to a decision on whether
110 election candidates whose names were not on the voters' roll
were eligible to stand as the papers it received from the parties
were in a "shambolic state". - IOL
website
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Labour Courts
-
http://www.saflii.org/za/cases/ZALC/
Braamfontein
23 January 2009
J109/09 [2009] ZALC 10
TAWUSA & Alliance Comprising of STEMCWU v Anglo Platinum Limited
Johannesburg
19 February 2009
JR1439/06 [2009] ZALC 22
National Union of Mineworkers and Another v Commission for
Conciliation, Mediation and Arbitration and Others
19 February 2009
JR36/04 [2009] ZALC 21
Erasmus v Commission for Conciliation, Mediation and Arbitration
and Others
17 February 2009
JS140/08 [2009] ZALC 20
Radebe and Another v Mashoff Premier of Free State Province and
Others
6 February 2009
JR3136/05 [2009] ZALC 19
Specialised Belting & Hose (Pty) Ltd v Sello NO and Others
5 February 2009
J1092/08 [2009] ZALC 18
Lekabe v Minister Department of Justice and Constitutional
Development
3 February 2009
JR
783/07 [2009] ZALC 17
Khulani Fidelity Services Group v Commission for Conciliation,
Mediation and Arbitration and Others
3 February 2009
JR
2619/05 [2009] ZALC 16
Masombuka v Mashiane NO and Others
3 February 2009
JR
462/07 [2009] ZALC 6
Parmalat South Africa (Pty) Ltd v Commission for Conciliation,
Mediation and Arbitration and Others
30 January 2009
J60/09
[2009] ZALC 15
City of Johannesburg Metropolitan Municipality v South African
Municipal Workers' Union
30 January 2009
JR
2910/06 [2009] ZALC 14
Devan Lotter Construction v Dube and Others
29 January 2009
JR
1605/07 [2009] ZALC 13
BHP Billiton Energy Coal South Africa Limited v Commission for
Conciliation, Mediation and Arbitration and Others
29 January 2009
JR
819/07 [2009] ZALC 12
Landsec and Another v Commission for Conciliation, Mediation and
Arbitration and Others
29 January 2009
JS746/06 [2009] ZALC 11
Ditsamai v Gauteng Shared Services Centre
15 January 2009
JR
2007/07 [2009] ZALC 9
Uthingo Management (Pty) Ltd v Shear NO and Others
15 January 2009
JS
460/04 [2009] ZALC 8
NUMSA on behalf of
Members v Timken SA (Pty) Ltd
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Land
Claims Court of South Africa
-
http://www.saflii.org.za/za/cases/ZALCC/
4 March
2009
LCC103/08 [2009] ZALCC 2
Gate Development (Pty) Ltd and Another v Mahlangu and Others
13 January 2009
LCC82/04 [2009] ZALCC 1
ALPOA and Others v Department of Land Affairs and Others
Alexandra Land And Property Association
26 November 2008
LCC45/05 [2008] ZALCC 14
Greyling and Others v Nkosi and Others
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Eastern
Cape High Court : Grahamstown (previously Eastern
Cape Division)
-
http://www.saflii.org.za/za/cases/ZAECGHC/
; Court rolls at
http://www.saflii.org/blog/?page_id=283
25 March
2009
CA 254/2008 [2009] ZAECGHC 14
S v Matoewa
25 March 2009
CA 216/08 [2009] ZAECGHC 13
S v Booysen
25 March 2009
1845/08 [2009] ZAECGHC 12
McCreath v Wolmarans NO and Others
Court
upholds bargain land deal - 28 March
The sale in execution of a valuable Port Alfred property, worth an
estimated R300 000, to Bathurst farmer Glenn McCreath, who scooped
it for just R50 000, has been declared valid by the Grahamstown
High Court.
Nedbank, which was the creditor in the sale of
execution, purported to cancel the sale shortly after the auction
because it claimed that the reason McCreath got it at such a low
price was due to a "mistake"
by the attorney representing the bank, Grant Marais. -
Dispatch Online website
25 March 2009
CA&R 357/08 [2009] ZAECGHC 11
S v Bloei
19 March 2009
2451/2008 [2009] ZAECGHC 10
Member of the Executive Council for the Department of Housing,
Safety and Liasion : Eastern Cape v King William's Town Housing
Association
19 March 2009
CA
168/08 [2009] ZAECGHC 9
S v Chepete
17 March 2009
230/09 [2009] ZAECGHC 7
TBP Building & Civils (Pty) Ltd vs East London Industrial
Development Zone (Pty) Ltd and Others
16 March 2009
CA
379/08 [2009] ZAECGHC 8
S v Ngada
6 March 2009
CC10/09 [2009] ZAECGHC 6
S v Jaxa
Criminal
5 March 2009
2582/07 [2009] ZAECGHC 15
Sayers v Road Accident Fund
Damages
5 March 2009
CC10/09 [2009] ZAECGHC 5
S v Jaxa and Another
5 March 2009
699/2007 [2009] ZAECGHC 3
Law Society of the Cape of Good Hope v Gqomo
Application to strike off the roll of attorneys
5 March 2009
22/2009 [2009] ZAECGHC 2
Mlondleni v Amathole District Municipality
26 February 2009
2655/2008 [2009] ZAECGHC 1
Rademeyer v Ideal CFD Financial Services (Pty) Ltd
12 February 2009
41/2009 [2009] ZAECGHC 4
Ncube v Department of Home Affairs and Others
Work permit as provided for by section 19 of the
Immigration Act
13 of 2002
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Eastern
Cape High Court : Port Elizabeth (previously
Eastern Cape Division)
-
http://www.saflii.org.za/za/cases/ZAECPEHC/2009/1.html
24 March 2009
337/08 [2009] ZAECPEHC 6
Kritzinger and Another v Road Accident Fund
24 March 2009
08/2009 [2009] ZAECPEHC 5
Standard Bank of SA Ltd v Naude and Another
10 March 2009
26/2009 [2009] ZAECPEHC 4
Nedbank Ltd v Volschenk
5 March 2009
1770/2008 [2009] ZAECPEHC 2
Jukuda v African Pioneer Investments Ltd and Another
Claim - moneys owed
3 March 2009
CC62/04 [2009] ZAECPEHC 1
S v Clifford (Bosch) and Others
Sentence
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KwaZulu-Natal High Court : Durban (previously Natal
Provincial Division)
- http://www.saflii.org.za/za/cases/ZAKZDHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
and
http://www.saflii.org/blog/?page_id=197
27 March
2009
4293/07 [2009] ZAKZDHC 4
Wyebank Funerals Services CC and Others v Minister of the Trade
and the Industry and Others
18 March 2009
2584/2009 [2009] ZAKZDHC 3
Unit 13 Mzingazi Waterfront CC and Other v Waterfront Suites
Tuzigazi CC trading as
Mzingazi Waterfront Suites and Another
16 March 2009
10555/2008 [2009] ZAKZDHC 1
Multiserv (Pty) Limited v Pather
3 March 2009
13243/2005 [2009] ZAKZDHC 2
Singh v Minister of Education, Kwazulu-Natal
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KwaZulu-Natal High Court : Pietermaritzburg
(previously Natal
Provincial Division)
-
http://www.saflii.org.za/za/cases/ZAKZPHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
and
http://www.saflii.org/blog/?page_id=190
24 March 2009
AR 397/2007 [2009] ZAKZPHC 10
Director of Public Prosecutions, Kwazulu-Natal v De Bruyn and
Others
24
March 2009
AR357/08 [2009] ZAKZPHC 9
S v Mkhonza
18 March
2009
13859/08 and 55 related cases
Sibiya v Director General : Home Affairs, Minister of Home
Affairs and 55 related cases
ID cases : judge criticises lawyers - 19 March
A high court judge has slammed the conduct of attorneys who deal
with applications by people trying to get identity documents, and
has referred their conduct to the KZN Law Society. Judge Malcolm
Wallis said in a reserved judgment handed down this week that the
way these applications are dealt with suggests that the attorneys'
concern is "with their own remuneration"
rather than the interests of their clients. -
The Witness website
17 March 2009
AR436/07 [2009] ZAKZPHC 8
Le Roux v Minister of Safety and Security and Another
17 March 2009
6923/2004 [2009] ZAKZPHC 7
Msunduzi Municipality v Telkom SA Limited
12 March 2009
AR
437/2008 [2009] ZAKZPHC 5
S v Shezi and Another
12 March 2009
3357/2002 [2009] ZAKZPHC 4
Lupke v Road Accident Fund
6 March 2009
AR467/08 [2009] ZAKZPHC 3
Gounder and Another v Govender
5 March 2009
AR461/07 [2009] ZAKZPHC 2
S v Mbatha
3 March 2009
11576/07 [2009] ZAKZPHC 1
Kwa-Zulu Natal Law Society v Van Rooyen
Family’s outrage as lover is acquitted of student's murder -
22 March
Howls of "Killer!"
echoed through the corridors of the Pietermaritzburg High Court
this week after a man accused of murdering his girlfriend was
acquitted.
Family and friends of Gail Papli were devastated when
Judge Anton van Zyl and two assessors found Papli's boyfriend,
Nivesh Doodla not guilty of murder and acquitted him on Thursday.
Earlier, Doodla claimed in a statement before the court that he
and Papli became embroiled in an argument over his former
girlfriend, Lerusha Govender. Doodla said the argument intensified
when Papli blamed him for making her pregnant in 2007.
He told the court Papli aborted the baby and suggested
they end their relationship. According to Doodla she became
emotional and returned from the kitchen with a knife.
There was a struggle for the knife and suddenly he
realised that Papli was bleeding from her neck. -
The Witness
website
Judge orders probe into appeal denial - 31 March
A Pietermaritzburg judge on Tuesday ordered an inquiry into why an
elderly prisoner was denied his right to appeal for 10 years. High
court Judge Kevin Swain ordered the KwaZulu-Natal Director of
Public Prosecutions to investigate how Lenford Ndoda Mtolo, 79,
spent 10 years in prison without being allowed to appeal. Swain
further ordered the commander of the Pietermaritzburg prison to
release him within 24 hours and give him bus fare to return to his
northern KwaZulu-Natal home. - IOL
website
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North Gauteng High Court (previously Transvaal
Provincial Division)
-
http://www.saflii.org.za/za/cases/ZAGPPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=79
26 March
2009
41302/2006 [2009] ZAGPPHC 14
Monareng v Road Accident Fund
26 March 2009
A1225/2006 [2009] ZAGPPHC 11
Pretoria Kollege v Furter en 'n Ander
25 March 2009
3523/2006 [2009] ZAGPPHC 13
Sandberg Transport Bk trading as Sandberg v African Truck
Accident Repairs (Edms) Bpk trading as Hermans Truck Accident
Repairs
23 March 2009
A1117/07 [2009] ZAGPPHC 6
S v Makua
19 March 2009
1552/05 [2009] ZAGPPHC 12
Minister of Safety and Security v Scott and Another
19 March 2009
08/33274 [2009] ZAGPPHC 10
Shazi Developments (Pty) Ltd v Elkon Construction CC and
Another
19 March 2009
25382/2008 ;
30841/2008 [2009] ZAGPPHC 9
Tecmed Africa (Pty) Ltd v Minister of Health and Another
; Tecmed Africa (Pty) Ltd v Director General National
Health and Others
18 March 2009
317/2007 [2009] ZAGPPHC 8
Van Den Heever NO v Klara NO and Others
Insolvent estate
17 March 2009
54507/08 [2009] ZAGPPHC 7
Derby-Lewis v Minister of Correctional Services and Others
Interference in Hani killer case : lawyer - 21 March
Chris Hani's killer, Clive Derby-Lewis, was to have his day in
court at last on Tuesday, appearing before a full bench of North
Gauteng High Court judges. In December, Judge President Bernard
Ngoepe postponed the matter again after a request for a full Bench
by the State. On Tuesday, the pivotal question will be whether
Derby-Lewis's conviction falls in the old or new South Africa. A
1959 sentencing act states that a prisoner sentenced to life is
eligible for parole after serving at least 20 years behind bars. A
1998 replacement of that act says lifers older than 65 become
eligible after 15 years. Derby-Lewis's attorney, Marius Coertze,
has insisted that there is only one act, the 1998 one, under which
his client should have been paroled already. -
IOL website
13 March 2009
41054/2007 [2009] ZAGPPHC 5
Mahango v Member of the Executive Council Department of Roads
and Transport Limpopo Province and Another
13 March 2009
33162/2006 [2009] ZAGPPHC 4
Ndlovu v Road Accident Fund
Mpumalanga Premier Thabang Makwetla welcomes court ruling - 12
March
We welcome and commend the decision by the Pretoria High Court
this evening of setting aside the urgent interdict lodged by Mr
Leroy Sibande, son of the late struggle veteran, Gert Sibande
against the play commissioned by the Mpumalanga Provincial
Government on the role and impact of the 1958 potato boycott in
Bethal. We view the court outcome as strengthening efforts to
protect and promote South Africa's struggle heritage. The play is
nothing else but part of the promotion of a good course as it will
bring to the public more education about the glorious 1958 potato
boycott which fought was against atrocities committed against the
farm labourers. The 1958 boycott drew nationwide and international
attention to the plight of farm workers. -
SA Government Information
website
'Advocate Barbie'
Case
'Barbie's brain was tired' - 27 March
Cezanne
Visser must have known some of the things she did were crimes, but
her "brain was tired", a psychologist testified on Friday. Prof
Jonathan Scholtz, head of clinical psychology at the Weskoppies
Hospital, concluded his evidence in defence of Visser. He
diagnosed Visser as suffering from battered woman syndrome and
depression and said she needed corrective psychotherapy. The trial
was postponed to June 15 to allow the prosecution to consult with
experts before cross-examining Scholtz. -
IOL website
From 'Ice Queen' to 'Sex Kitten' - 28 March
How could a woman with Christian values, who had the nickname "Ice
Queen" among varsity friends and was vehemently opposed to tattoos
and piercings, become the infamous Advocate Barbie? These
questions were partly answered this week when the head of clinical
psychology at Weskoppies Hospital, Professor Jonathan Scholtz took
the stand in defence of Visser. -
IOL website
Barbie's ex-lover haggles return -
30 March
Dirk Prinsloo has begun negotiating with prosecutors to return to
South Africa to stand trial for sex crimes. Prinsloo fled the
country in 2006, leaving his former lover, Cezanne
"Advocate Barbie"
Visser, to face charges of indecent assault and manufacturing
child pornography alone.
A person claiming to be Prinsloo sent The Times
a copy of an e-mail, addressed to the acting head of the National
Prosecuting Authority, Mokotedi Mpshe, in which he states his
willingness to return "under certain
conditions". -
The Times website
Read Dirk Prinsloo's full email here
- 30 March
The Times website
Excerpts :
"My
name is Dirk Prinsloo, a simple man who tried to make a life under
bizarre tortuous circumstances and events which a Hollywood script
writer could not have invented ; a man
who tried to take the best possible "revenge " in such
circumstances, namely, to simply "have a good Life" . . . PS
: Please ensure that no more tax payer's
money is wasted by the Prosecution, Intelligence Services,
International Law Enforcement Agencies & Services and Police by
trying to trace me or catch me. They clearly FAILED and they were
no match for me. It was amusing to see them follow the one lead
and red herring after the other, but its time now to "get in the
ring". The only way in which I will be caught is if I decide I
want to be caught, or f [sic] some act of great misfortune/act of God
strikes me (and YES, I do believe in God
; I just don’t accept the terrible suffering and abuse which SOME
individuals caused in the name of God/ the Church, like during the
Crusades or religious purgings, mass theft of the hard-earned
money of desperate people etc)"
You'll never catch me, Prinsloo mocks cops - 31 March
The National Prosecuting Authority will not entertain the demands
purported to be from former advocate Dirk Prinsloo, contained in
an email sent to the organisation on Friday. -
IOL website
Presidential Pardons
Papers filed against Motlanthe over pardons - 19 March
Kgalema Motlanthe from granting presidential pardons for political
crimes until victims are allowed to have a say. A coalition of
victims and civil society groups filed papers against Motlanthe in
the High Court in Pretoria on Thursday. The case would be heard on
April 2, said Hugo van der Merwe, spokesperson for the Centre for
the Study of Violence and Reconciliation. -
Mail & Guardian website
AWB in bid for pardon - 1 April
Seven imprisoned Afrikaner Weerstandsbeweging (AWB) men want to
join forces with the government in their bid to be freed from
jail. - The Citizen
website
Political pardons opposed - 2 April
The Pretoria high court will today hear an application by a
coalition of civil organisations for an interdict preventing
President Kgalema Motlanthe from pardoning more than 100 people
convicted of apartheid-era political crimes. -
Sowetan website
No right to block pardons : Motlanthe - 3 April
Civil rights groups trying to delay pardons being granted for
politically motivated crimes do not have the legal standing to
bring such an application, President Kgalema Motlanthe says in
papers before the Pretoria High Court. Motlanthe, however, says in
papers that the rights of victims were taken into account when the
perpetrators were tried for their offences. -
IOL website
Challenge
to South Africa pardons - 2 April
Civil rights groups in South Africa are going to court to stop
President Kgalema Motlanthe from granting a pardon to some
apartheid-era prisoners. The pardons are for prisoners serving
time for politically motivated crimes committed before June 1999.
The inmates did not seek amnesty from the Truth and Reconciliation
Commission after the end of apartheid in 1994. A multi-party task
team has reportedly recommended pardons for about 120 out of a
total of 2,300 who applied. - BBC
News website
Applications open for presidential pardons - 25 January 2008
The move opens a three-month window period between January 15,
2008 and April 15, 2008, for prisoners jailed for politically
motivated crimes to apply for a presidential pardon. Currently, 1
062 applications have been lodged with the government, by people
found guilty of offences that they allege were committed with a
political motive, arising from conflicts of the past. -
Polity website
See also :
Supreme
Court of Appeal. Minister for Justice and Constitutional Development v Chonco
and Others above
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Northern Cape
High Court
-
http://www.saflii.org.za/za/cases/ZANCHC/
13 March
2009
1637/08 [2009] ZANCHC 6
Modutle v Municipal Manager : Sol Plaatjie Municipality and
Others
13 March 2009
812/2008 [2009] ZANCHC 5
Els v P S
13 March 2009
646/2006 [2009] ZANCHC 4
Idada Trading (Edms) Beperk and Another v Top Coat Property
Investment 23 (Edms) Beperk
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South Gauteng High Court
(previously Witwatersrand Local
Division)
-
http://www.saflii.org.za/za/cases/ZAGPJHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=173
31 March
2009
07/20296 [2009] ZAGPJHC 5
Mvu v Minister of Safety and Security and Another
30 March 2009
2009/7907 [2009] ZAGPJHC 4
Breedenkamp and Others v Standard Bank of South Africa Ltd and
Another
23 March
2009
09/1668 [2009] ZAGPJHC 3
Kebble v Gainsford NO and Others
19 March 2009
06/134 [2009] ZAGPJHC 2
S v Naidoo
9 March 2009
08/38415 [2009] ZAGPJHC 1
King v Commissioner for the South African Revenue Service
South
African court postpones eviction of refugees - 21 March
At least for now, the more than 3 500 Zimbabwean and other African
refugees and asylum seekers, who are living at the Central
Methodist Church in Johannesburg, South Africa, can heave a sigh
of relief following a high court ruling yesterday that
stakeholders should move in to avert the suffering instead of
chasing them away with no alternative solution. The asylum seekers
and refugees had been facing immediate eviction from the church
following a high court application last week by Pitje Chambers law
firm which occupies the building next to the church. -
allAfrica website
R100m heist accused await sentence - 25 March
Chris Billings, accused of the R100-million brazen robbery at the
OR Tambo International Airport, will have to wait for a week to
know his fate. On Tuesday Johannesburg High Court acting judge
Gerhardus Hattingh said he was not ready to pass judgment on
whether all charges against him would be dropped. -
IOL website
We won't vote, say angry residents - 26 March
Angry residents of Thembelihle informal settlement have vowed not
to vote in the forthcoming elections after the Johannesburg High
Court on Thursday ruled in the city council's favour to relocate
them. Judge Colin Lamont on Thursday dismissed their application
despite acknowledging in his ruling that they had been occupying
the land, south of Joburg, for more than 20 years. -
IOL website
Delays and spats over cash in Porritt and Bennett case - 29
March
The trial of Gary Porritt and Sue Bennett, who are accused of
embezzling investor's funds, was postponed again on Friday. But
the request for a postponement of between three months and six
months at the request of the Legal Aid Board was rejected after a
strong objection by a senior advocate for the state, Etienne
Coetzee, who told judge Geraldine Borchers that the motivation for
the board to seek postponement was a cost-cutting exercise. The
case has been dragged out since July 2005. -
Business Report website
Judicial Service
Commission : Judge Hlophe
Hlophe hearing will be open to media to ensure transparency -
1 April
The Johannesburg High Court yesterday rejected a Judicial Service
Commission (JSC) request to conduct its hearing on the dispute
between Western Cape Judge-President John Hlophe and the
Constitutional Court judges behind closed doors.
Judge Nigel Willis's judgment
followed an urgent application by the Freedom of Expression
Institute (FXI) and various media houses to set aside the JSC's
decision to keep the hearing under wraps. -
Business Day website
See also :
Judicial Service Commission below
Supreme
Court of Appeal. Langa and Others v Hlophe
above
Lucky Dube Case
Dube trial drama - 1 April
A day that started with a daring escape attempt ended in
jubilation for the Lucky Dube family as the three men on trial for
his murder were all found guilty. Two of the accused - Sfiso
Mhlanga and Mbuti Mabe - had arrived at the Johannesburg High
Court yesterday and saw an opportunity to escape as they were
being offloaded from the prison truck. Using a brick wrapped in a
plastic bag, they attacked a police officer. -
IOL website
Dube killers get life behind bars - 2 April
Three men convicted of killing reggae icon Lucky Dube were this
morning sentenced to life in prison. Sifiso Mhlanga, 34, Julius
Ngxowa, 32 and Mbuti Mabe, 31, were also sentenced to 15 years
each for attempting to rob Dube's vehicle. The three were further
sentenced to 18 years each for the robbery of Simphiwe Mlaba's
Mercedes Benz two days after killing Dube in October 2007. Mabe
was further sentenced to 18 years for the robbery of Melisa-Ann
Mallworth's Polo Player on October 13 2007, which was used as a
getaway vehicle during the murder of Dube five days later. Mhlanga
and Ngxowa were further sentenced to five years for possession of
two guns, including the murder weapon. Mhlanga was further
sentenced to two years for illegal possession of ammunition. -
IOL website
Selebi Case
Selebi prosecution in jeopardy - 26 March
Jackie Selebi's prosecutors will go to court to ask for a
postponement of his trial. The Star has learnt that the Scorpions
will bring a "substantive application" to persuade the
Johannesburg High Court to postpone the case against the police
boss. The hearing of the application - which Selebi's lawyers will
oppose - is expected to take place on April 11. -
IOL website
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Western Cape High Court (previously Cape
Provincial Division)
-
http://www.saflii.org.za/za/cases/ZAWCHC/
; Court rolls at
http://www.saflii.org/blog/?page_id=134
27 March
2009
21068/2008 [2009] ZAWCHC 34
Jack v Du Plessis
24 March 2009
2005/2009 [2009] ZAWCHC 30
Camps Bay Residents Ratepayers Association and Others v C A
Augoustides and Others
23 March 2009
11244/2006 [2009] ZAWCHC 33
National Director of Public Prosecutions v Braun and Another
23 March 2009
20645/08
Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds
and Body Corporate, Skilliepark 2
Refusal to register sectional plans of extension
18 March 2009
3392/2008 [2009] ZAWCHC 29
Els v Weideman and Others
Keyphrases :
"Censored! molested me sexually’ (You magazine)
Christiaan Jurie Els
Contempt of court
"How the abuse begins" (You
magazine)
"Instink wat jou kind kan red" (Huisgenoot
magazine)
"My jare in gesensor! se kloue’ (Huisgenoot
magazine)
Negligence
Robbie Klay
16 March 2009
20867/07 [2009] ZAWCHC 26
McQuillen v Visagie NO and Others
16 March 2009
10013/07 [2009] ZAWCHC 22
Brummer v Minister of Social Development and Others
13 March 2009
12901/08 [2009] ZAWCHC 32
Oribel Properties 13 (Pty) Ltd and Another v Blue Dot
Properties 271 (Pty) Ltd and Others
6 March 2009
11674/06 [2009] ZAWCHC 25
Brand v Brand
5 March 2009
21084/08 ;
1034/09 ;
1035/09 [2009] ZAWCHC 24
Ex Parte Ford ; Ex Parte
Venter ; Ex Parte Botes
Application for voluntary surrender of
estate
Cape Town seeks court permission to evict homeless immigrants
- 20 March
South Africa's commitment to human
rights was put to the test last week when its judiciary was asked
to decide the fate of thousands of refugees, among them
Zimbabweans, who the authorities in Cape Town and Johannesburg
want to evict from safety shelters. The City of Cape Town has
asked the Western Cape Town to confirm an eviction notice it has
filed against some 400 refugees who have been living at Blue
Waters safety camp near Muizenberg since last May's
xenophobic violence. -
The Zimbabwean website
Family gagged over baby's HIV infection - 26 March
Cape Judge President John Hlophe has placed a gag order on a
family's legal
claim against the state over their daughter's alleged infection
with HIV at a government hospital. As a result of the order,
granted during Judge Hlophe's controversial and short-lived return
to work from special leave, all court documents filed as part of
the child AB's claim against the premier of the Western Cape
provincial government are being kept in a safe
at the Cape
High Court. Dario Milo, media law specialist at Webber Wentzel,
said the principle of open justice demanded that, unless
exceptional circumstances apply, court documents should not be
kept secret. "This was confirmed by the Constitutional Court in
the case brought by Independent Newspapers against the minister of
intelligence in the Billy Masetlha litigation". -
IOL website
Kebble trustee takes pay fight to high court - 26 March
One of
the three trustees of the insolvent estate of slain mining magnate
Brett Kebble has asked the Cape High Court to order the remaining
trustees to pay him more than R1 million for the work he completed
on the Kebble estate. Rainotes Bantubonke Nduna claims in an
urgent application that his share of the fees amounts to
R2.19 million, but he is seeking only 50 percent of that because
litigation with his previous employers for the other half is still
unresolved. The application was lodged against the remaining
trustees, Anna Francina Venter and Johannes Frederick Klopper, as
well as the master of the high court and law firm Edward Nathan
Sonnenbergs, which represents the other trustees. Nduna's previous
employers, SAB&T Innovations Group, has also been cited as an
interested party. -
IOL website
Doctor had an affair with patient, court told - 31 March
A
Southern suburbs psychiatrist is at the centre of bitter divorce
and maintenance proceedings in the Cape High Court, in which it
has emerged that he had an affair with a woman he had been
treating. The woman is married to Stuart Ireland, director of
cosmetics company, Prestige Cosmetics. Details of the affair have
emerged in papers filed at the Cape High Court in March in an
application Mrs Ireland has lodged against her husband for monthly
maintenance of R125 000. She is also claiming medical benefits,
bond instalments, household contents insurance, Botox injections
every month, hairdresser visits twice a week, cosmetics products
from his company to the value of R5 000 a month, a cellphone
contract, the cost of running her vehicle and of two domestic
workers and a gardener. She also asked the court to order that
Ireland pay R250 000 as an initial contribution towards her legal
fees in the divorce action. -
IOL website
Dalai Lama Case
Dalai Lama row goes to court - 29 March
The Dalai Lama row has now gone to court, adding mounting pressure
on the government. Inkatha Freedom Party Mangosuthu Buthelezi said
yesterday he had filed an urgent application in the Western Cape
High Court to force the country to grant a visa to the exiled
Tibetan spiritual leader. "There are times
at which words are not sufficient and action is required. For this
reason, today I have filed the application",
Sapa quoted Buthelezi as saying. The application has been set down
for Tuesday. - The Citizen
website
Buthelezi to push ahead with Dalai Lama application - 31 March
Inkatha Freedom Party (IFP) leader Mangosuthu Buthelezi will push
ahead with a court application to force the minister of home
affairs to grant the Dalai Lama a visa, his adviser said on
Tuesday. Mario Oriani-Ambrosini said a meeting was held with a
judge in the Western Cape Division of the High Court on Tuesday
morning, in which the government argued that it could not legally
be forced to grant a visa to the Dalai Lama. -
Mail & Guardian website
Dalai Lama visa 'was never requested' - 1 April
The Deapartment of Home Affairs has hit back in response to a
court application filed by Inkatha Freedom Party leader Mangosuthu
Buthelezi, saying the Dalai Lama never applied for a visa to
attend a Joburg peace conference. Buthelezi submitted an urgent
application at the Western Cape High Court last week. -
IOL website
Proof Dalai Lama did apply for visa - 2 April
The
South African government lied - it did receive the Dalai Lama's
visa application, but did not want the Tibetan leader in the
country. Lawyers for Inkatha Freedom Party leader Mangosuthu
Buthelezi submitted copies of the Dalai Lama's passport and his
application for a South African visa to the high court yesterday.
This followed Home Affairs director-general Mavuso
Msimang's assertion, on behalf of Home Affairs, that there exists
"no evidence that the Dalai Lama is desirous of entering South
Africa at this stage or any time in the future". -
The Times website
Dalai Lama saga continues - 2 April
South African Friends of Tibet is to host a meeting on Friday to
set a date for an alternative peace conference following the
government's refusal to allow the Tibetan leader into the country,
and the postponement of the initial conference as a result. This
has emerged in papers SAFT filed at the Cape High Court on Tuesday
as part of an urgent application lodged by IFP leader Mangosuthu
Buthelezi against President Kgalema Motlanthe and Minister of Home
Affairs Nosiviwe Mapisa-Nqakula. The application was to be heard
today before Judge Rosheni Allie. -
IOL website
Dalai Lama court application dismissed - 2 April
The Cape High Court dismissed an urgent application on Thursday by
IFP leader Mangosuthu Buthelezi for the Dalai Lama to be granted a
visa to visit South Africa. The court ruled the matter was not
urgent since the 2010 World Cup-related peace conference for which
the Dalai Lama had been invited last month, had been cancelled. -
IOL website
See also :
Foreign Policy below
Government media briefing. 25
March 2009 below
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Regional Courts
Cape Town
Child rapist gets a slap on the wrist - 30 March
A convicted child rapist was handed a suspended sentence, coupled
with correctional supervision, community service and R15 000
victim compensation, instead of the prescribed minimum sentence of
life imprisonment, in the Cape Town Regional Court last week.
Magistrate Petro de Villiers, in her last judgment before
retirement, said she found substantial and compelling
circumstances to depart from the prescribed minimum sentence of
life. At the end of a six-year trial, De Villiers convicted
plumber Wayne McBean, who now lives in Krugersdorp, of raping a
girl from when she was ten to age 12 in the late 1990s. -
IOL website
Pretoria
McBride's legal team under scrutiny - 28 March
The Ekurhuleni metro council has accused its former metro police
chief Robert McBride's attorneys of overcharging them. If they are
correct, Durban-based attorneys Dehal Inc could end up paying back
the bulk of the R10.2 million they billed the council. A legal
cost consultant hired by the municipality to examine the accounts
submitted by the firm declared that the billing was irregular and
that the council had been overcharged. The Metro has also
appointed an attorney to liaise with the
Natal Law Society
over the irregularities and to "deal with the matter". -
IOL website
NIA operative's case postponed - 2 April
A case of contravening the National Intelligence Service Act,
against NIA operative Tshepiso Moletsane, was postponed in the
Pretoria Regional Court on Thursday. Moletsane, accused of leaking
a five-page classified document to the Business Day
newspaper, appeared briefly before Magistrate Adriaan Bekker. The
case was postponed to April 9 for plea and trial. -
IOL website
Kunene case postponed - 3 April
A case of defeating the ends of justice and attempted murder
against former hoax email accused Muziwendoda Kunene was postponed
in the Pretoria Regional Court on Friday. Kunene, 45, an IT
consultant, appeared briefly and his case was postponed to June 3
to enable him to stand trial on a murder charge in Bloemfontein,
Free State. His trial in Bloemfontein is scheduled from May 4 to
May 29. - IOL website
Umlazi
Pants case : more drama revealed - 24 March
Four men accused of being part of a mob which stripped naked an
Umlazi woman and burnt down her home - because she wore pants in
an area where women were forbidden from doing so - listened as two
women testified that their home was also torched that day. Zandile
Mpanza was stripped, beaten and her home set alight on Sunday,
June 22, 2007. - IOL website
'Pants' defence wants some charges dropped - 25 March
The lawyer representing the accused in the "pants" case wants to
apply to have some of the charges against his clients dropped, the
Umlazi Regional Court heard on Wednesday. His clients were accused
of stripping a Durban woman's pants off, parading her in public
half-naked and burning her house down. -
IOL website
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Magistrates Courts
Boksburg
Rape lies land woman in hot water - 29 March
A 30-year-old woman was arrested in Reiger Park, east of
Johannesburg for lying about being raped, police said on Sunday. The
woman allegedly told police she was walking to Reiger Park from a
tavern in the Ramaphosa informal settlement when two men raped her
in an open veld on Sunday morning, said Constable Tsietsi Lamola.
She later changed her tune, saying the men had only robbed her of
her cellphone. Police arrested her for perjury and released the man
they had arrested. The woman was expected to appear in the Boksburg
Magistrate's Court on charges of perjury on Monday. -
IOL website
Cape Town
Gibbs a changed man : attorney - 24 March
Recent treatment at a rehabilitation clinic for drug and alcohol
abuse left Proteas cricketer Herschelle Gibbs a "fundamentally
changed man", his attorney Peter Whelan said on Tuesday. Gibbs was
scheduled to have gone on trial in the Cape Town Magistrate's Court
on Tuesday on charges relating to drunken driving, but instead
prosecutor Carmen Daniels withdrew the charges. -
IOL website
Johannesburg
Re: three nabbed for multi-million fraud - 20 March
After a warrant for his arrest was obtained and upon his return from
Iraq, Johannes Uys was traced and arrested yesterday morning in
Pretoria by the Durban office of the Directorate of Special
Operations. Two of his co-accused, Wilhelmus Vermuelen and Tertius
Rademeyer, handed themselves over and were arrested this morning.
The accused, the state will allege and adduce evidence to that
effect, form part on a syndicate involved in an investment scam
targeting municipalities in KwaZulu-Natal. The accused appeared
briefly before the Johannesburg magistrate's
court where they face charges of fraud and theft in the amount of
R10,7 million. They have been granted R5 000 bail each, with strict
conditions. The case has been postponed to 14 April 2009 for further
investigations. More people are expected to be arrested soon. -
SA Government Information
website
Pietermaritzburg
Woman in dock for daughter-in-law murder - 24 March
The
Pietermaritzburg Magistrate's Court on Tuesday heard that a
55-year-old woman murdered her daughter-in-law to prevent her from
moving away with her grandchildren. State counsel Attie Truter said
Romila Singh murdered Fiona Khader in February this year as she
feared Khader would divorce her son, remarry and move away with the
children. Magistrate Soduma Dlamini was expected to deliver
judgement on April 7. -
The Star website
Pretoria
Prisoner a free man after 6-year delay - 30 March
A man, aged 19 when he was sentenced to jail, had to wait almost six
years before a high court order that he should be re-sentenced was
adhered to. Zweli Sipiwe Ndzishe, now 25, has now walked out of the
Pretoria Magistrate's Court a free man, after he received a
suspended sentence. - IOL
website
Protea
On the sentencing
of the Kliptown 5 - 19 March
On Friday, the Kliptown 5 were sentenced in the Protea Magistrates
Court following their previous conviction on charges of
"public violence".
Handing down very harsh sentences, the magistrate made her intent
very clear : the defendants must be
deterred from participating in any future protest action. Four of
the five – comrades Charlie, Sibongile, Ricardo and Oscar – were
sentenced to 2 years in prison, or a R3
000 fine each, both suspended for 5 years. The fifth defendant,
comrade Thabo, was sentenced to 2 years in prison suspended for 3
years or a R3 000 fine (payable
immediately). The APF immediately paid the fine for comrade Thabo.
The Anti Privatisation Forum and the Kliptown Concerned Residents
are only too well aware that this kind of 'justice'
is part of the state’s strategy to weaken our organisations and to
debilitate us and all social movements and community organisations
of the poor from engaging in legitimate protest actions. -
anarkismo website
Verulam
Family goes to court over sex video - 20 March
A Durban family whose 16-year-old daughter was filmed having sex
with a group of boys, is making a high court application to find out
why the State withdrew rape charges against the boys. -
The Times website
'Gang-rape' teen
tells of her ordeal - 22 March
The parents of a 16-year-old Phoenix schoolgirl are challenging a
prosecutor’s decision not to prosecute five schoolboys, aged between
15 and 17, who they allege gang-raped their daughter.
The Grade 9 Northmead Secondary School pupil bunked
classes with friends on February 26 to attend a house party at which
she claimed she was drugged and raped. -
The Times website
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Commission
on Gender Equality
-
http://www.cge.org.za/
Gender commission chairperson resigns - 3 April
Nomboniso Gasa has resigned as chairperson of the Commission for
Gender Equality (CGE). In a statement
issued from Johannesburg on Thursday night, Gasa said her
resignation was precipitated by a summons to Parliament where a
"decree" was issued. "I was 'informed' of a decision without any
negotiations or much appreciation of the actual ongoing processes
in the CGE. "Much of the discussion surrounded their questioning
and possible reversal of dismissals that had been undertaken
following due process of the law and responsibilities of the
commission. Gasa said the dismissal of the CEO which followed the
report of a year-long independent inquiry was brushed aside
without knowledge of what the commission had based its actions on.
It was implied that the commission's decisions were "reckless". -
Mail & Guardian
website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Tribunal comes up with 'novel remedy' in Clover case - 18
March
The Competition Tribunal said on Wednesday that although it ruled
that two summonses issued by the Competition Commission against
Woodlands and Milkwood milk processors in the Clover milk
price-fixing case were void for being "vague and over-broad", it
had imposed a novel remedy in the case. It made a preservation
order requiring its registrar to retain copies of the documents
seized until the commission determined whether it wished to issue
a new summons that complied with the law. -
Mail & Guardian website
Tribunal embarks on a fishing expedition - 1 April
The competition authorities have placed fish on the menu as a food
area worthy of investigation to uncover whether there are cartels
in operation. Nandi Mokoena, the commission's
manager of strategy and stakeholder relations, yesterday said it
was investigating the pelagic fishing industry as part of an
investigation into the food spending priorities of low-income
consumers. Pelagic fish swim in the open ocean and species include
herring, mackerel, horse mackerel, sardinella, blue whiting,
sardine and silversmelt. -
Business Day website
Commission gears up for new law, but misgivings persist - 2
April
South Africa’s Competition Commission, which has expressed
misgivings about some aspects of the proposed changes to the
competition legislation, said that it was preparing itself for the
likelihood that the amendments would be signed into law unaltered.
Addressing the media in Johannesburg on Thursday, commissioner
Shan Ramburuth stressed that the organisation's
anxieties had never related to the principles governing the
amendments, including the desire to strengthen the competition
authorities and the creation of larger disincentives. -
Creamer Media's
Engineering News website
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SA Human Rights Commission -
http://www.sahrc.org.za/
Do away
with term 'Coloured' : Khoisan group - 18 March
A Khoisan Human Rights Activist organisation has called on the
Human Rights Commission and the Equality Court to have the term
"coloured" denounced in public and removed from statute books. The
Initiative for the Restoration of First Indigenous People of
Southern Africa (IRFIPSA) said they want the term "coloured",
"which is still being used by the government in a democratic
dispensation" repealed from statutory documents in a memorandum
handed to the commission and the court. -
allAfrica website
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Government
and Legislation
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South
Africa Government Information
-
http://www.gov.za
;
http://www.polity.org.za
; http://www.buanews.gov.za/
Statements and
Speeches
30 March
2009
Speech by Minister in The Presidency Dr Manto
Tshabalala-Msimang at the seminar on harmful traditional
practices
29 March
2009
Auditor-General praises KwaZulu-Natal on audit outcomes
27 March
2009
Green light for the erection of the tallest building in Cape
Town
26 March
2009
Address by the Deputy Minister of Sport and Recreation, Mr G C
Oosthuizen, on the occasion of the launch of South Africa’s FIFA
Confederations CUP 2009 Campaign Milan, Italy
25 March
2009
Final report of committee on International Monetary Fund (IMF)
governance reform
25
March 2009
Transcript of media briefing by the Government Spokesperson
following the meeting of Cabinet's Economic Committee
Keyphrase :
Dalai Lama's visa application - Comments by
Barbara Hogan
South African Airways (SAA) Board and
the CEO of SAA
See also :
Foreign Policy below
Western Cape High Court. Dalai
Lama
above
SAA chairperson fingers Cabinet - 24 March
Despite Cabinet's claim that it was in the dark about the
multimillion-rand golden handshake paid to the beleaguered
former SAA CEO Khaya Ngqula, the national carrier's board
chairperson Jakes Gerwel told MPs on Tuesday that cabinet was
informed. - IOL website
24 March
2009
Statement of the Monetary Policy Committee (MPC)
24 March
2009
Address by Minister of Finance Trevor A Manuel MP,
Centre for Education in Economics and Finance (CEEF) fundraising
dinner Johannesburg Country Club
24 March
2009
Statement of the Monetary Policy Committee (MPC)
20 March
2009
The impact on inflation-linked government bonds of the rebasing
and re-weighting of the
Consumer Price Index (CPI) as announced by Statistics
South Africa
19 March
2009
NCOP can do more to monitor implementation of laws, says
Chairperson
9 March 2009
Promotion of Access to
Information Act and its obligations for the Public Sector
Mandatory Compliance
23 February 2009
Forced marriages, Lusikisiki (Eastern Cape)
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Legislation
Competition Amendment
Bill
Regulatory issues
window of opportunity for guilty executives - 31 March
There is an international backlash against senior executives of
companies that have been found guilty of anti competitive activities
and South Africa has joined that growing group of countries, with
the envisaged Competition Amendment Bill, which are currently lying
on the desk of President Kgalema Motlanthe, awaiting signature.
Werksmans competition partner Paul Coetser says that this is the
ideal time for senior executives to come clean and avoid being
criminalized under the amended Act, when it comes into being. The
amendments – when they are adopted – are not retrospective, which
means that those executives who have taken the pragmatic route and
admitted to anti-competitive or cartel-like behaviour to the
competition authorities, can breathe a sigh of relief. There is a
small gap however, says Coetser. If the anti competitive behaviour
began and ended before the amended bill was signed into law, then
executives may well escape prosecution. The issue is that if the
behaviour continues once the new amendments are enacted, then the
parties could be in serious trouble, and possibly prosecuted,
despite the fact that the cartel was formed prior to the enactment
of the amendments. - 2711
website
Revenue Laws Amendment Act 60 of 2008
Abolition of Stamp Duty from 1 April 2009 - 31 March
The South African Revenue Service is pleased to announce the
abolition of the Stamp Duty Act (77 of 1968) with effect from
midnight on 31 March 2009. The abolition forms part of the on-going
efforts to reduce the administrative burden on taxpayers and to
simplify the tax system. - SARS
website
Fixed property leases no longer need to be stamped from April 1
- 26 March
In January this year, the Stamp Duties Act was abolished - yet Sars
has done little to inform the public that fixed property leases
entered into on or after April 1 2009 (ie, next week) no longer
require to be stamped. The loss to the State as a result of stamp
duty being abolished is more than R100m a year. But that is not the
end to the story - unused revenue stamps and credits on revenue
franking machines can be reclaimed from Sars - but note,
applications for refunds must be received by Sars by June 30 2009.
It is estimated that well over R100m in refunds can be claimed by
accountants, attorneys, rental agents and company secretaries on
their stock of unused revenue stamps lying in their offices. -
Moneywebtax website
Safety at
Sports and Recreational Events Bill
23 March 2009
Draft Safety at Sports and Recreational Regulations published
SA Government Information
website
Second-Hand Goods Bill
Second-hand book dealers and the long arm of the law - 2 March
While prison may be an entirely suitable place for copper cable
thieves and other dodgy cats, Johannesburg book dealer Doron
Locketz thinks it should remain largely free of second-hand book
dealers - many of whom, he fears, will face forced closure or
incarceration, should books remain a part of the the proposed
Second-hand Goods Bill. - Book
SA News blog
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Useful
Links and Items of Interest
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Legal Profession
South Africa
Law degrees to be cross-examined - 27 March
University law deans have approached the Council on Higher
Education (CHE) to probe the relevance and adequacy of the LLB
degree. The investigation into the qualification is in response to
ongoing concerns by top legal minds about the declining quality of
law graduates. Legal experts have proposed the reintroduction of a
five-year LLB degree at all law faculties. Leading the debate is
the Law Society of South
Africa. -
Mail & Guardian website
Lawyer's
passport to change minds - 23 March
Cape Town-based immigration lawyer Gary Eisenberg is the first South
African to be elected chairman of the immigration and nationality
committee of the International Bar Association (IBA), the world's
largest association of lawyers. Eisenberg says that this will be the
first time in SA's history that its immigration legal system will be
unveiled on the world stage. -
allAfrica website
Martin Versfeld to head Webber Wentzel’s competition law
department - 30 March
Corporate law firm Webber Wentzel has appointed Martin Versfeld as
head of competition law, succeeding Anthony Norton, the firm
announced on Monday. Versfeld, who was previously employed as the
deputy head of the competition law department, is the company’s
most senior competition law litigation specialist, Webber Wentzel
stated. Versfeld has been involved in a number of highly
significant competition law matters, including representing JT
International in complaint proceedings against British American
Tobacco, representing British Airways/Comair in recent complaint
proceedings against South African Airways and opposing Global
Forest Products attempted acquisition of Komatiland. -
Creamer Media's
Engineering News website
See also : Company Law below
See also : Judicial Service Commission
and Judiciary below
Australia
Better system needed to select judiciary, Law Society says - 3
April
A more open procedure of appointing the state's judges and
magistrates is needed, the Law Society of WA has claimed. The
society says the current procedure has "the potential for
perception of politicisation". It has submitted a paper to
Attorney-General Christian Porter recommending a new system that
includes a formalised appointment criteria to increase the
transparency of the selection process. -
Perth Now powered by Sunday
Times website
See:
New system needed for judicial appointments - 3 April
Media statement on the
Law Society of Western Australia's website
Excerpt :
"Under the Society's proposed model, the Attorney-General would
seek expressions of interest for vacant judicial roles, with
candidates either self-nominating or being nominated by a third
party. The selection panel would consist of the head of the
court or jurisdiction to which the appointment is being made (or
their nominee) ; a retired senior judicial officer or officers
of the State ; and a senior official from the Department of the
Attorney-General. The selection panel would assess all
applications and nominations against the published appointment
criteria and development a shortlist of suitable candidates. The
panel, where thought appropriate, would conduct candidate
interviews to assist in this process. At the completion of its
deliberations, the panel would provide a shortlist of
recommended suitable candidates to the Attorney-General, who
would be expected to propose to Cabinet the actual appointee
from among those so-identified suitable candidates"
Contact : Rob Kerr, Media and Communications Officer ; email :
rkerr@lawsocietywa.asn.au
Ireland
Solicitors not immune from fallout of recession - 30 March
The Law Society is
facing challenging times. Its new president, John Shaw, spoke to
Carol Coulter. Asked what were the
concerns of the members at the moment, he said
: "I thought it would be
regulation and representation, with the Legal Services Ombudsman
Bill being passed, but at the moment it's
all about the recession", he said. While
there have been anecdotes about layoffs, he said that overall his
impression was that the profession had adjusted fairly well to the
recession, but at a cost. -
Irish Times website
Pakistan
Pakistan judge regains top post - 22 March
Pakistan's sacked Supreme Court chief justice has formally
returned to his post following months of mass protests by
opposition activists. The Pakistani government ordered Iftikhar
Chaudhry's reinstatement on Monday to stave off a huge rally
planned by the opposition. His return is being hailed as a victory
for an independent judiciary. -
BBC News website
Sharif's brother back in office - 31 March
Pakistan's Supreme Court has restored Nawaz Sharif's brother,
Shahbaz, as chief minister of the powerful Punjab province, easing
a political row. The move is part of a court review of a ruling
last month that banned the brothers from holding elected office
because of old convictions. The suspension of the ban means
Shahbaz Sharif can resume office immediately while the court
review continues. - BBC News
website
United
Kingdom
Regulation of City law firms 'not fit for purpose' - 26 March
The regulation of big corporate law firms is not "fit for purpose"
and urgently needs reform, a report for the Law Society has
concluded. The report, part of a wider review of regulation of the
legal profession, concludes that current arrangements for
regulating "this vital sector of the UK economy" are not robust
enough. The Solicitors Regulation Authority lacks the expertise it
needs to deal with corporate law firms and needs to adapt its
systems to deal with the sector, it says. -
Times Online
website
Lawyers use NHS as £100m cash cow - 22 March
Lawyers are earning £800 an hour from the National Health Service
and taking "indefensible"
fees of tens of millions of pounds in legal disputes. The money is
coming from a government scheme intended to compensate patients
for medical blunders and inadequate care, an investigation has
found. The compensation lawyers are claiming costs and
"success fees"
worth about £100m a year out of the scheme. In some cases the
payouts claimed are 10 times more than the damages won by the
patient. - Times
Online website
Revealed : law firms costing NHS millions - 29 March
The health service paid out more than £35m in total in 2007-8 to
the top 10 law firms, which are accused of charging excessive
rates in many cases. Steve Walker, chief executive of the NHS
Litigation Authority (NHSLA), said it was unacceptable that firms
could demand as much as £800 an hour in "no-win,
no-fee" cases. He is calling for the
hourly fees to be reduced significantly in a review of civil
litigation costs. - Times
Online website
See also : United Kingdom.
Judiciary below
United States
Court officials rally against judicial cuts - 31 March
Massachusetts' two top judges rallied today against proposed
budget cuts, arguing at the State House that the reductions would
force require 250 to 375 layoffs and cripple the judicial system.
Margaret H Marshall, chief justice of the Supreme Judicial Court,
told about 100 lawyers and court employees gathered in front of
the Grand Staircase that her childhood in South Africa taught her
about life in a country without a strong rule of law. -
The Boston Globe website
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South Africa
Animal Rights
Claws out after dog racing hearings - 22 March
Government-sponsored public hearings into the possible legalisation
of greyhound racing in South Africa have resulted in a war of words
between animal rights activists and dog racers. While the animal
rights groups say the sport, banned in 1949, would contribute to a
greater level of animal abuse and further human welfare problems,
the dog racing industry argues that legalisation would see greater
control over the welfare of the animals, create more than 35 000
jobs and contribute more than R1.5 billion to the economy. -
IOL website
Banking
Standard admits to breaking law - 25 March
Standard Bank has admitted that it has contravened the National
Credit Act by automatically increasing limits on some of its
clients' credit cards. This practice was outlawed by the
National Credit Act,
which was introduced in June 2007. -
Fin24 website
Black Economic Empowerment
Casinos commit to
BEE - 31 March
The members of the Casino Association of South Africa (CASA), which
include all but two of the licensed casino operators in the country
and who together represent some R194-billion in annual turnover,
have confirmed their target of a BEE Level 4 rating by 2010.
Individual companies within CASA have set programmes and protocols
to achieve this. - Cape Business
News website
Financial charter comes under fire - 1 April
The quality of black participation in the banking sector was
important in order to manage the transformation process and align
the sector with the laws of the country. Vice-chairman
of the Nedbank Group Lot Ndlovu said there was a need to align the
sector with the country’s transformation laws.
Ndlovu said the charter was flawed from the beginning
because some institutions were not showing commitment to the
transformation processes. -
Business Day website
Financial Sector Charter has not collapsed : Treasury - 2 April
The National Treasury would like to advise that, contrary to media
reports the Financial Sector Charter (FSC) has not collapsed because
of the March 31 2009 deadline. The deadline as in fact much earlier,
31 August 2008. The Department of Trade and Industry (the dti)
issued a statement on August 31 2008 indicating that it would be
processing the FSC as per section 9 of the B-BBEE Act as a sector
charter. - Moneyweb
website
Business
Huge may sue JSE for defamation - 27 March
The Huge group, seething at being told it broke the JSE rules by not
disclosing a conflict of interest by buying back its own shares in
October, is considering suing the JSE for defamation. This would be
the first time the stock exchange has been sued by a client for
damaging its reputation. -
Business Report website
Crime and corruption hurting business sentiment - 2 April
The South African Chamber of Commerce and Industry (Sacci) has
identified six key factors that impacted on business sentiment in
the country. Speaking at a media briefing in Johannesburg, Sacci CEO
Naren Rau stated that these indicators included crime and
corruption, environment, labour, infrastructure, the ease of doing
business, and information communications technology (ICT). Rau noted
that during the first quarter of 2008, South African businesses were
most severely impacted by crime and corruption, as well as various
difficult labour circumstances. -
Creamer Media's
Engineering News website
Communications
ICASA's
Orange Farm seizure illegal? - 23 March
Independent Communications Authority of SA (ICASA) inspectors, who
confiscated telecoms equipment from an Aids orphanage, an Internet
cafe and a skills centre in Orange Farm last month, ignored key
parts of telecommunications legislation and proper procedure. Staff
at all three sites confirmed to ITWeb last week that the
inspectors arrived at each location on 13 February, stating that
equipment had to be confiscated because of "interference" with a
Telkom link. -
ITWeb website
Keyphrases
:
Electronic Communications
Act
Independent Communications Authority of South Africa Act of 2000
Radio Frequency License Exemption Regulations
Regulations in Respect of Labelling of Telecoms Equipment
Qunta quits SABC
- 25 March
Controversial SABC board deputy chairperson
Christine Qunta has resigned, the broadcaster said on
Wednesday. - iAfrica website
Company Law
SA business is far more alive to competition law, lawyer avers -
2 April
Business in South Africa has stood up and taken note of the
Competition Act, and "companies are no
longer talking about it . . . they are living it",
the newly appointed head of competition law at Webber Wentzel Martin
Versveld said on Thursday. "There is
nothing theoretical about the Act anymore",
he asserted. There had been a strong increase in activity on the
part of the competition authorities, which was being experienced at
the corporate level through leniency applications, compliance audits
and compliance programmes. -
Creamer Media's
Engineering News website
See also :
Legal Profession above
King III
King III's application to all SA entities "a business revolution" -
24 March
While the King III report has enjoyed widespread media coverage,
relatively little attention has been devoted to the key changes from
King II. "This is a glaring omission on the part of all those
commenting on the merits or otherwise of King III," Ewald Müller,
Senior Executive : Standards at the South African Institute of
Chartered Accountants (SAICA), said in Johannesburg yesterday. -
itinews website
Correctional Services
Shaik Case
Meet the doctors who freed Shaik - 25 March
A psychiatrist who believed Schabir Shaik was suicidal, a former
nurse turned GP and a consultant cardiologist are the three doctors
whose "collective submission" helped free Schabir Shaik on medical
parole. The Star can disclose after a two-week investigation that
the Durban-Westville Parole Board held meetings with Professor AE
Gangat and Dr Ngenisile Mbanjwa on February 26, and with Dr Sajidah
Khan on March 1. - IOL website
Courts
Court access 'a key right' - 21 March
Eighteen more courts are to be built in the next five years to
ensure court access for all South Africans, President Kgalema
Motlanthe said on Saturday at Human Rights Day celebrations in
Kimberley. - News24 website
Education
School place : parents go to court - 23 March
A Pietermaritzburg couple whose son was refused admission to
Maritzburg College this year have approached the high court in their
bid to persuade the school to accept him. The parents maintain in
court papers that Maritzburg College is about six kilometres from
their home, while the three other government schools at which an
Education Department official suggested they enroll their son -
Voortrekker, Heather or Linpark - require "travelling across town".
The father said in an affidavit the assertion by Maritzburg College
that "there is no more place in grade 8" is not credible. The father
said that at a meeting on January 20, Maritzburg College headmaster
Ron Jury said the only reason his son was turned down was an adverse
report on his behaviour from his primary school, Merchiston
Preparatory. In a replying affidavit, Jury said Maritzburg College
has adopted a strict admissions policy because it receives a large
mumber of applications and has limited space. Admission is based
primarily on academic ability and attitude, co-curricular activity
and involvement, as well as character and personality. -
The Witness website
Sex at school : SACE wants teachers named - 31 March
Teachers who sexually abuse pupils will be named, shamed and
stripped of their jobs, the South African Council for Educators (SACE)
said on Tuesday. - IOL website
Environment
SA saved 400 MW during Earth Hour - 30 March
South Africans who participated in Earth Hour on Saturday saved
about 400 MW of electricity, 400 t of carbon dioxide, 224 t of coal
and about 576 000 l of water, power utility Eskom reported on
Monday. Earth Hour was organised by the World Wildlife Fund in an
effort to get one-billion people worldwide to switch off their
lights for one hour. -
Creamer Media's Engineering News website
Assmang Inquiry
Assmang
tells why it changed its mind and fired workers - 13 March
Assmang, the manganese producer at the centre of a dispute about the
dismissal of 10 of its employees, had improved its medical
surveillance programme as it realised manganism was a more complex
disease than it first thought, the CEO of the its Cato Ridge works
said last week. He was testifying in Durban at arbitration between
Assmang and its former workers, presided over by Dr Hilda Grobler,
commissioner of the Metal and Engineering Industries Bargaining
Council. - allAfrica website
Foreign Policy
'Not in
SA's interest to host Dalai Lama' - 23 March
Tibetan spiritual leader the Dalai Lama was not invited to South
Africa because it was in the country's best interests. Department
of Foreign Affairs spokesman Ronnie Mamoepa was reacting yesterday
to reports that the government had refused a visa to the Dalai
Lama to take part in a 2010 World Cup-organised peace conference
in Joburg on Friday. Now the organisers of the major peace
conference of international Nobel Peace Prize winners have been
asked to postpone the event indefinitely because of the barring. -
The Mercury website
Keyphrase :
2010 FIFA World Cup
South Africa bars Dalai Lama - 23
March
South Africa says it has barred the Dalai Lama from a peace
conference later this week, citing its relationship with China and
saying now is not the time for such a high-profile visit. -
Associated Press on Google
website
Dalai Lama visa denied, 'not in SA's interests' - 23 March
South Africa has denied the Dalai Lama a visa to meet here with
other Nobel laureates because his visit would distract attention
from the country's hosting of the 2010 World Cup, said Thabo Masebe,
spokesman for President Kgalema Motlanthe. -
AFP on Google website
Dalai Lama denied travel to S Africa :
activists - 22 March
South Africa's embassy in New Delhi has denied travel documents to
Tibet's exiled spiritual leader the Dalai Lama, barring him from
attending a peace conference in Johannesburg, activists said Sunday.
The Dalai Lama had planned to join other Nobel peace prize winners
including Nelson Mandela and FW de Klerk at a conference Friday to
discuss ways of using soccer to fight racism and xenophobia, as
South Africa prepares to host the 2010 World Cup. -
AFP on Google website
Statement by South African friends of Tibet on Dalai Lama - 23
March
Now we are clear on the reasons for the refusal by the South
African government of a visa to H H Dalai lama, we are impelled to
express the following views. -
Ray Hartley, The Wild
Frontier blog on
The Times blog
Outrage at Dalai Lama's snub - 22 March
Outrage has greeted the government's ban on a visit to South Africa
by the Dalai Lama, the Tibetan spiritual leader, who was due to take
part in a 2010 World Cup-organised peace conference in Johannesburg
on Friday. Archbishop Emeritus Desmond Tutu
told the Sunday Tribune he was upset at the refusal of a visa
to the Dalai Lama and had written to President Kgalema Motlanthe
asking him for an explanation. "If His Holiness's visa is refused,
then I won't take part in the coming 2010 World Cup-related peace
conference. I will condemn government's behaviour as disgraceful, in
line with our country's abysmal record at the United Nations
Security Council, a total betrayal of our struggle history," he
said. - IOL website
FW quits conference over Dalai Lama ban - 23 March
Former president F W de Klerk on Monday
withdrew from the 2010 World Cup peace conference in Johannesburg
this week because of government's refusal to grant the Dalai Lama a
visa. - News24 website
Mandela fury over South Africa's ban on Dalai Lama - 24 March
Nelson Mandela's grandson has attacked South Africa's African
National Congress government after a peace conference was cancelled
over Pretoria's refusal to grant the Dalai Lama a visa. -
Telegraph website
Cardinal
faults Dalai Lama visa denial - 24 March
The Catholic archbishop of Durban, Cardinal Wilfrid Napier, has
sharply criticized a decision by the government to block the entry
of the Dalai Lama into the country to attend a peace conference this
week. - allAfrica website
Dalai Lama : Govt 'must apologise' - 25 March
Health Minister Barbara Hogan has called on the South African
government to apologise for refusing the Dalai Lama a visa to attend
the SA Peace Conference, reported SABC news on Tuesday. "Just the
very fact that this government has refused entry to the Dalai Lama
is an example of a government who is dismissive of human rights,"
said Hogan. - News24 website
It disregards the Constitution : FXI - 27 March
The Freedom of Expression Institute (FXI) on Friday condemned the
South African government's refusal to let the Dalai Lama visit the
country. FXI executive director Jane Duncan said in a statement that
to refuse the public the right to hear what the Dalai Lama had to
say on issues that are extremely close to the hearts of most South
Africans was a blatant disregard of the Constitution of the Republic
of South Africa. - IOL website
Judge
backs Hogan stand - 28 March
Civil society groups and a Constitutional Court judge have added
their voices to growing support for Health Minister Barbara Hogan's
stand on the Dalai Lama.
Hogan provoked the ire of the government on Tuesday by
saying its denial of a visa to the Tibetan leader under Chinese
pressure showed it was "dismissive of
human rights", and urging it to apologise.
Constitutional Court judge Kate O'Regan
yesterday publicly backed Hogan, SABC radio news reported.
- Dispatch Online website
BLA attacks judge for Dalai Lama decision - 30 March
The Black Lawyers' Association has leapt into the fray and lambasted
Constitutional Court judge Justice Kate O'Regan for criticising the
government's decision to refuse to grant the Dalai Lama a visa to
enter the country. And Pierre de Vos, a professor of constitutional
law at the University of the Western Cape, on Sunday said judges
needed to tread carefully when criticising executive government
decisions. - IOL
website
Dalai Lama : the triumph of "private" foreign policy - 24 March
The decision announced by "Colonel"
Dr Irvin Khoza - that South African has postponed the soccer world
cup peace conference - has serious foreign policy implications. It
is the latest indication of the clash between "private
foreign policy", of interested parties
outside the state, and "public foreign
policy", articulated by government. -
The National
Interest blog on The
Times website
Dalai Lama ban : 'Dlamini-Zuma did it' - 29 March
The split in government over the decision to bar the Dalai Lama is
widening as claims of cabinet backing for the move have been denied
and ministerial opposition to the ban strengthens. It has been
revealed that the decision to prevent the Tibetan spiritual leader
from entering the country was taken by Foreign Affairs Minister
Nkosazana Dlamini-Zuma, and not the cabinet as claimed by her and
other government figures. - IOL
website
See also :
Government media briefing. 25 March 2009
above
Western Cape High Court. Dalai Lama
above
Second take : the China-Africa relationship - 20 March
Creamer Media's Mariaan Webb speaks to Engineering News
senior contributing editor Keith Campbell about the deepening links
between China and Africa. -
Creamer Media's
Engineering News website
Human Rights
25 March 2009
Minister in the Presidency Dr Manto Tshabalala-Msimang to address a
conference on an Integrated National Action Plan to counter human
trafficking
SA Government Information
website
Human
trafficking legislation to be gazetted for public comment - 31
March
Significant progress has been made in the drafting of legislation on
human trafficking and it should be gazetted soon for public
comment. "We are proud to state that we have achieved progress in
terms of the proposed legislation on human trafficking which will be
gazetted shortly for public comment," Minister in the Presidency, Dr
Manto Tshabalala-Msimang, told the Committee on the Elimination of
Discrimination against Women (CEDAW) in Pretoria on Monday. The
legislation on human trafficking will go a long way in identifying
the perpetrators of human trafficking, as well as in the
investigation of these cases and subsequent prosecution. -
BuaNews Online website
Insurance
What price vehicle security? - 21 March
With South Africa's high rate of vehicle theft and hijacking, many
motorists regard a tracking device as essential. But does signing up
with a tracking company give you the kind of protection you hope it
does? Could you find yourself liable for unforeseen costs or even
third-party claims? We look at the wording of vehicle tracking
contracts. - Personal Finance
website
Intellectual Property
Focus on
intellectual property - 30 March
An international conference on intellectual property kicks off at
the Lord Charles Hotel in Somerset West in Cape Town today. The
hosts of this conference, which will be attended by almost thirty
countries from around the world, are The Companies and Intellectual
Property Registration Office (CIPRO). "Our
guest speakers vary from officials of the World Bank to
presentations by the Registrar of Companies of Mauritius and the
Chief Executive and Registrar of Companies of England and Wales. We
will hear first hand how they dealt with registration difficulties
within their own countries, while also sharing their experiences of
bringing business advice and support closer to the people of their
respective countries", adds Keith
Sendwe, CEO of CIPRO and outgoing president of the CRF. -
Cape Business News website
Judicial Service Commission
Judge Hlophe
Hlophe in the hot seat (again) - 28 March
Western
Cape Judge President John Hlophe and 13 judges of the
Constitutional Court, including Chief Justice Pius Langa, will
face an unprecedented court-style inquiry on April 1 into
allegations that Hlophe attempted improperly to influence two
judges of South Africa's highest court. An advocate close to the
process revealed this week that the Judicial Service Commission's
(JSC) 12-member disciplinary committee, which excludes Langa, who
normally chairs the body, will hear the matter. The heavyweight
committee, headed by SCA Judge President Lex Mpati, will include
Justice Minister Enver Surty, Gauteng Judge President Bernard
Ngoepe, advocates Seth Nthai, Kgomotso Moroka, Marumo Moerane,
George Bizos and Milton Seligson, attorneys Julian von Klemperer
and Mvuseni Ngubane, law professor Johann Neethling and Public
Service Commission deputy chair John Ernstzen. -
Mail & Guardian website
Hlophe case a matter of 'national interest' - 29 March
The public has a right to know what transpires in Cape Judge
President John Hlophe's hearing with the Judicial Service Commission
(JSC), the ACDP said on Sunday. -
IOL website
JSC keeps Hlophe's 'dignity' intact - 31 March
The
Judicial Service Commission (JSC) has barred the media and the
public from its high-powered hearing into the feud between 13
judges of the Constitutional Court and Western Cape Judge
President John Hlophe to protect the "dignity and stature" of the
high office occupied by some of the feuding parties, it said in a
statement. -
Mail & Guardian website
Hlophe will face a kangaroo court : ally - 31 March
Cape
Judge President John Hlophe is being asked to submit himself to a
"kangaroo court" set up by the Judicial Service Commission, says
his ally, Paul Ngobeni, a deputy registrar of legal services at
UCT. Sources say Judge Hlophe could bring an application today for
an urgent interdict to halt the hearing before the JSC. Ngobeni,
who has also been consulted on Zuma's legal strategy, told the
Cape Argus that directives for the hearing revealed "the most
unbelievable bias" on the part of the commission. Meanwhile, the
DA has added its voice to that of the ACDP and the Freedom of
Expression Institute, calling for the hearing to be conducted in
public. Three media houses - Independent Newspapers,
Avusa and the Mail & Guardian - have given Webber
Wentzel instructions to review the JSC's decision to deny the
public access to the hearing. -
Cape Argus website
Hlophe hands in
sick note - 1 April
The Judicial Service Commission (JSC) was asked to postpone the
start of the hearing relating to Cape Judge President John Hlophe
on Wednesday because he is sick, his lawyer revealed. "He has been
unable to be here today because he has a mischievous bout of
influenza", said Vuyani Ngalwana. Advocate Gilbert Marcus
asked for clarity on how long the matter needed to be postponed
and asked for the commission to consider alternatives, like a
video link to Hlophe, for the hearing to begin without him. -
iafrica website
Hlophe has 'mischievous bout of influenza' - 1 April
The scene at the plush Hilton hotel in Sandton was set. The legal
heavyweights were seated, but controversial Judge John Hlophe was
mysteriously absent. "He's ill," said his lawyer, Barnabas Xulu.
The long-awaiting judicial disciplinary hearing involving Judge
Hlophe started this morning with discussions behind closed doors.
- IOL website
Hlophe delays hearing again - 2 April
The first day of a hearing designed to clear "dark clouds" over
the country's judiciary turned into a hailstorm of adjournments
because of Western Cape Judge President John Hlophe's attempts to
stop proceedings at all costs. The disciplinary hearing resumes on
Saturday, but faces more legal battles. Advocate Vuyani Ngalwana,
for Hlophe, warned he would bring further action, including an
interdict application if necessary, to stop the hearing. The day
ended with the JSC saying evidence would be led on Saturday and
Ngalwana saying he would continue fighting to stop it. -
IOL website
Hlophe demands written response from JSC - 1 April
Cape Judge President John Hlophe made various demands of the
Judicial Services Commission (JSC) when it reconvened on
Wednesday. He threatened a court interdict to stop the hearing
against him if they were not met. Hlophe demanded written reasons
for the JSC's rejection of his bid to postpone a hearing into his
conduct. - IOL website
For the
record . . . - 2 April
Cape Judge President John Hlophe’s lawyers wrote a letter to the
Judicial Services Commission on March 27, accusing it of bias and
raising several issues on the intended procedure to be used by the
JSC. For the record I post here a list of the concerns. Judge for
yourself whether these are valid or not. - Pierre de Vos on the
Constitutionally
Speaking website
Hlophe's fate might end up in hands of MPs - 1 April
Should the Judicial Services Commission (JSC) decide to impeach
Western Cape Judge President John Hlophe, his fate will
effectively be in the hands of MPs. If at the end of the hearing,
the JSC finds against Hlophe, section 177 of the
Constitution comes
further into play. This section states that a judge may be removed
from office only if the JSC finds that he or she suffers from an
incapacity, is grossly incompetent, or is guilty of gross
misconduct. The matter then goes to Parliament, where the National
Assembly has to agree with the JSC's
decision to remove the judge by at least two-thirds of its
members. The president must then remove the judge from office. -
The Citizen website
Hlophe accused of delaying tactics - 2 April
Constitutional law expert Professor Pierre de Vos has accused Cape
Judge President John Hlophe of using delaying tactics to impede
the inquiry into his conduct. De Vos, clearly upset about what he
calls a "black mark on the justice
system in South Africa", said he had
steered clear of giving his own views on Hlophe until now.
"But I must say that, after the
shenanigans and stunts that were pulled today, and the utter
disregard [for the commission], it is difficult to show any
respect to him as a lawyer and a judge. The sooner he stops acting
as a judge in this country, the better for all of us".
- The Times website
JSC ready to proceed on Hlophe - 3 April
The Judicial Service Commission is ready to proceed with the
hearing into the alleged misconduct of Cape Judge President John
Hlophe on Saturday. By Thursday, the commission had not yet
received an indication that Judge Hlophe had approached the High
Court to interdict proceedings, or the Constitutional Court to
appeal against a judgment by the Supreme Court of Appeal which
went against him. "As far as the JSC is concerned, we are
continuing," spokesperson Marumo Moerane said on Thursday. -
IOL website
See also :
South Gauteng High Court. Judicial
Service Commission : Hlophe
above
Supreme
Court of Appeal. Langa and Others v Hlophe
above
Judiciary
Code
of conduct for judges mooted - 30 March
Judges will "hopefully" have to answer to a judicial code of conduct
by the end of April, Justice and Constitutional Development Minister
Enver Surty said. Surty, speaking to a meeting of the
Law Society of
SA in Cape Town today, said he hoped to have the code published
before the national and provincial elections on April 22. -
The Times website
New code of conduct in wake of Hlophe case - 31 March
A new judicial code of conduct will see judges bound by a set of
house rules while maintaining their independence, Justice Minister
Enver Surty has said. Speaking at the
SA Law Society's
annual meeting in Cape Town on Monday, Surty told delegates
representing 19 000 attorneys across the country that he intended to
introduce the code of conduct before his term of office came to an
end next month. Legal professionals and analysts welcomed Surty's
announcement, saying the code would help deal with complicated
issues within the judiciary. "We have moved from the view that
judges are angels. There will always be cases of misdemeanour and we
want to have a process to deal with complaints against judges," said
SA Law Society co-chairperson Max Boqwana. -
IOL website
Labour Issues
SA transport workers to strike on April 7 - 1 April
The South African Transport and Allied Workers' Union (Satawu) on
Wednesday confirmed that it would be embarking on a national
strike in the road freight and logistics industry on April 7, a
move the Fuel Retailers Association (RFA) said would lead to a
crisis. Union spokesperson Tabudi Ramakgolo said that its members
would go on strike as it could not reach an agreement with
employers in the sector regarding a number of issues, including
minimum wages, allowances and maternity leave, among others. -
Creamer Media's
Engineering News website
Land Affairs and
Property
Developers under squeeze - 3 March
Realestateweb has been contacted by property developers who
have been affected by a decision of Nedbank to re-assess certain
loans. Some clients who were approved for loans to purchase
townhouses have been informed that their applications will be
re-assessed. Industry insiders say it's not just Nedbank that is
re-assessing loans, but also other banks, sometimes declining to
grant funds right at the last possible moment. -
Realestateweb
website
Standard Bank home loan applications end in dustbin - 25 March
Standard Bank is declining all new applications for home loans
received from mortgage originators. This action appears related to
efforts by all the major banks to renegotiate the agreements that
the banks have with mortgage originators and specifically to slash
the commissions paid to originators. -
Business Report website
Banks return to bond market - 28 March
Ivan Neethling, chairman of the Western Cape branch of the
Institute of Estate Agents and chief executive of the Startprop
estate agency, says he and his colleagues have been much
encouraged by assurances from certain banks that they are now keen
to get back into the bond market in a bigger way, although with a
90 percent loan-to-equity ratio. From certain comments, says
Neethling, it is clear the liquidity problems which previously
were thought to be holding up bond approvals have not been the
chief drivers of credit tightening. -
Business Report website
Development
All the details of the Transnet story - 29 March
A proposed new coastal management bill became the biggest thorn in
the parastatal's side.
In terms of the 2001 agreement, Transnet undertook to
facilitate the reclamation of three pieces of land from the sea,
procure the grant of the reclaimed land to Transnet, and transfer
it to V&A Waterfront Holdings.
Transnet sold V&A Waterfront Holdings to Lexshell - a
consortium comprising an investment holding company owned by the
Dubai government, a UK-based property investor and Western
Cape-based black economic empowerment partners - in 2006. -
The Times website
Keyphrase :
Integrated Coastal
Management Bill
Land Claims and
Expropriation
Win-win land deal in KZN - 2 April
The handover of 1 000 hectares of prime estate on the North Coast
to the local community on Wednesday has been hailed as a victory
for landless people and an example to farmers and developers
alike. Mark Taylor said he expected transfer of the land to take
place at the end of April. Construction would start in May.
Community head Musa Dube said the development represented the
rebirth of his people. Rodger Stewart, the former owner of the
farm on which the development is set to take place, said the
scheme was the best economic use for the land. -
Post website
Keyphrase :
eLan Group
Rich and poor will share alike - 28 March
A poverty-stricken rural community is the new part owner of a
planned R10-billion coastal resort.
After a decade of bitter wrangling over a land claim,
the Dube community on the KwaZulu-Natal North Coast has secured a
20% stake in the luxury Blythedale Coastal Resort, to be built on
their ancestral land. Low-income earners and the wealthy will live
together on the upmarket 1 000ha estate, sharing an 18-hole golf
course and swimming pools.
Houses, ranging in price from R42
000 to R20-million, will have similar decor and style, and
entry-level units will be government subsidised. -
The Times website
Mbete, Sisulu open R8bn house project - 2 April
Deputy President Baleka Mbete and Housing Minister Lindiwe Sisulu
opened an R8billion housing project at Blythedale, outside
KwaDukuza, on the KwaZulu- Natal North Coast. Every owner and
registered tenant resident in the village will be a member of the
resort association and will have access to the resort and its
facilities, as much as other association members and residents. -
Sowetan website
1 April 2009
Deputy President launched the Blythedale Coastal Resort
SA Government Information
website
Families Evicted from Transit House at Richmond Farm
This press release
was emailed out at : 20 March, 2009 18:45
The story broadcast
in radio stations on Wednesday 18/03/09 refers
;
the eThekwini
Municipality kicked out 16 families from their homes at
Siyanda. The Municipalitys response is that, the Housing
Unit of the Municipality had to relocate
560 families in the phase two of the
MR577. These families had to make way for the construction of the
MR577 road by the Provincial Department of Transport. The
relocation of the 560 families took
place in the following manner ;
a) 313 families were
housed at Khulula in Newlands West
b) 147 families were allocated houses at Ntuzuma C township
c) 100 families were housed at Mt Moriah.
When the above
families were being relocated, it was noticed that
there was an extra 54 families who could not be accounted
for. It was obvious then that they were
not among the 560 original residents that
were recorded when the project started. These families were
asked to return to the areas they came
from.
The Provincial
Department of Transport was asked by the Municipality
to provide an alternative for the 54 families. They were
able to acquire funds and
proceeded constructing transit houses for the 54
families at Richmond Farm. This land belongs to the
provincial department of transport.
These families refused to relocate to
Richmond Farm, and instead demanded to be housed at Khulula,
alleging corruption and misallocation of
houses by officials. The department of
transport then obtained the warrant of ejection, as their
continued stay on the land was delaying
the construction of the road.
The 54 families were
assisted by Abahlali BaseMjondolo in the case.
The judge made two
rulings on the case ;
a) that the 54 families vacate the MR577 by the 17 March 2009 and
relocate to the transit houses provided by the department
of transport.
b) That eThekwini Municipality investigates the allegation of
bribery, and misallocation of houses at Khulula and report
back to the High Court within a month.
Further, if it is found that there were
misallocations at Khulula, the judge will issue warrants to eject
the affected families. The 54 families
are not to reside at the department of
transports transit houses for more than a year, and that eThekwini
Municipality must re-house them.
On the 17 March, the
relocation of the 54 families was carried out and
the MR577 is now cleared of all obstructions. The problem
that the department of transport
encountered on the day was that, the 54
transit houses it had constructed, were already occupied by
illegal tenants, despite the presence of
security on site. Confronted with this
situation, the department called in the police to evict the
invaders and the 54 families from the MR577 site were then
allocated the transit houses.
For more
information, contact Project Manager, Ms Charmaine
Kok at 031-311 3025
Issued by the
Communications & PR Unit : eThekwini
Municipality
contact Emmanuel Kleinbooi at 031-311
2285/083-272 0460 or at
kleinbooie@durban.gov.za
Minerals and Energy
South Africa should set out to dominate in resources : Clem Sunter
- 27 March
South Africa should set out to dominate in resources as the
country remained "very resource rich"
despite the decline in gold and diamond production, renowned
scenario planner Clem Sunter said on Friday. Sunter, who served in
mining for more than 40 years with diversified major Anglo
American, said in a presentation at project house TWP that South
Africa continued to be number one in platinum, manganese and
chrome and had large iron-ore, coal and many other resources. -
Creamer Media's Mining
Weekly website
World body gives miners 2 months to see
if SA mineral laws equal expropriation - 31 March
The South African Government has agreed to a two-month stay of an
international arbitration in which Italian granite miners claim
that their mineral rights are being expropriated by South Africa's
minerals legislation. The South African government said in a media
release on Tuesday that the claimants had alleged that South
Africa's Mineral and
Petroleum Resources Development Act (MPRDA), No. 28 of 2002,
and South Africa's broad-based black economic empowerment/mining
charter, had expropriated the indirect interests that the granite
miners held in the South African granite-quarrying sector and had
otherwise violated the bilateral investment treaties that had been
signed between South Africa and Italy and Belgium/Luxembourg. -
Creamer Media's Mining
Weekly website
SA mineral-law claimants stick to their 'expropriation'
guns - 1 April
The South African mineral-law claimants, who took their grievances
to a world body, said on Wednesday that they remained
"fully confident"
in the strength of their "expropriation
claims" against the South African
government. Responding to Tuesday's
South African government media release on a two-month stay, the
claimants in the Foresti versus the Republic of South Africa
case, at the World Bank's International
Centre for Settlement of Investment Disputes (ICSID), said that
last month's decision in the Pretoria
High Court that South Africa's
Mineral and Petroleum
Resources Development Act (MPRDA) conversion clauses could
amount to expropriation, had strengthened their belief. -
Creamer Media's Mining
Weekly website
See also :
North Gauteng High Court
6 March 2009
5896/2007 ;
10235/2008 [2009] ZAGPPHC 2
Agri South Africa v Minister of Minerals and Energy
; Van Rooyen v Minister of Minerals and Energy
Italian lawsuit could have implications for South African mineral
rights - 21 March 2007
16 March 2009
Pre-existing unused prospecting and mineral rights not at risk
of being expropriated through the
Mineral and Petroleum
Resources Development Act
(MPRDA)
The Department of
Minerals and Energy (DME) today Monday, 16 March announced that
it has noted the judgment handed down in the Pretoria High Court
on Friday 6 March 2009 in the case of Agri South Africa and
another. The Minister of minerals and energy, in which the
plaintiffs contend that certain mineral rights which were not
being used for prospecting or mining were expropriated when the
Mineral and Petroleum Resources Development Act 28 of 2002 (the
MPRDA) came into effect.
Bheki Khumalo,
Spokesperson for the Department of Minerals and Energy said,
"Although the judgment may seem to be
an early setback in the litigation process with these particular
plaintiffs concerning their unused mineral rights, the effect of
the judgment should not be overstated. The case is at a
preliminary stage. The court dismissed two exceptions raised by
the department against the plaintiffs'
claims. The merits of the main case remain to be decided by the
High Court".
The department
will continue to contest the case vigorously. It now has an
opportunity to file its plea in the high court responding to the
plaintiffs' claims and to raise
defences in terms of the MPRDA and the Constitution. It will
take advice on further proceedings on appeal at the appropriate
time.
"The department is confident that, in
the end, the government's view that
the MPRDA did not expropriate pre-existing mineral rights will
prevail. That is a question of vital public importance which may
have to be resolved in the final instance by the Constitutional
Court", Khumalo said.
Enquiries
:
Bheki Khumalo ; Cell
: 082-773 2388
; Telephone : 012-679
9032
Issued by
: Department of Minerals and Energy
Source :
SA Government Information
website
Response to media release from the dti in respect of dispute
with South African Government
1 April 2009
The Claimants in the matter of Foresti and Others v the
Republic of South Africa have noted the South African
Government's media release of 31 March 2009.
The dispute arose out of the implementation of the
South African Mineral
and Petroleum Resources Development Act, 2002 ("the MPRDA")
in relation to the Claimants' investments in South African
companies engaged in the granite/dimension stone industry in
South Africa.
The Claimants wish to state that :
▪
high level discussions aimed at resolving the dispute have been
ongoing since December 2007 between the parties. The positive
approach adopted by the parties during these discussions
resulted in specific discussions, in December 2008, relating to
the current stay of proceedings ;
▪
the mutually agreed stay of the ICSID proceedings is unrelated
to the merits of the Government's reply of 27 March 2009, to the
Claimants' comprehensive memorial (the Claimants and their legal
team have yet to review the Government's reply), but follows the
ongoing discussions between the parties, aimed at seeking a
constructive and amicable resolution of the dispute ;
▪
contrary to the Government's media release, the stay of
proceedings was not agreed on to facilitate a "lodgment process"
of conversion applications, as the companies had submitted all
their old order right conversion applications prior to the
effective date of the stay of proceedings. The stay is
accordingly intended to facilitate these ongoing discussions
which are aimed at recognising the peculiarities of the
dimension stone industry and accordingly resolving the dispute.
▪
while the investors are fully confident in the strength of their
expropriation and related claims against the Government,
particularly in the light of the recent decision in the Pretoria
High Court in the matter of Agri SA v the Minister of
Minerals and Energy, the Claimants nonetheless have
always been in favour of an amicable resolution to the dispute
which is in the best interests of the companies, South Africa
and mineral law reform in this country.
While the Claimants remain committed to reaching a resolution of
their dispute during the current stay of proceedings, the
parties and, importantly, the ICSID arbitral tribunal have
already agreed to an amended timetable under which the arbitral
process will continue in the event that the current discussions
are unsuccessful.
For further comment, please contact :
Shawn Donly, Finstone (011-775 5000)
Livio Zucchini, RED (012-663 5000)
For legal comment, please contact :
Peter Leon, Webber Wentzel (011-530 5240)
Jonathan Veeran, Webber Wentzel (011-530 5336)
[Issued
by : FD Beachhead Media]
Municipal Management
and Procedure
Cape Town
City forms strategy to deal with 'problem
properties' - 1 April
The
City of Cape Town has formulated a strategy to deal with rundown
buildings and abandoned properties, which are often at the centre
of criminal and anti-social activities. According to Cllr Brian
Watkyns, chairperson of the Planning and Environment Portfolio
Committee, "dilapidated buildings and erven are an increasing
problem across the city". Although there are adequate by-laws to
deal with such properties, there are difficulties in implementing
the legislation, he said. Piet van Zyl, Executive Director for
Strategy and Planning, said his department will work closely with
the City's departments for Heritage Resources, Health, Fire &
Safety, Finance, Legal, and Law Enforcement. -
City of Cape Town
website
Integrated Waste Management by-law - 2 April
The City of Cape Town is the first
municipality in the country to introduce a new waste management
by-law in line with new national legislation. The new by-law will
regulate recovery and recycling activities apart from the usual
waste activities, and set down minimum requirements for waste
storage and infrastructure. The new by-law is closely aligned with
the National Waste Management Strategy, as well as the
National Environmental
Management : Waste Act 59, which
was gazetted on 10 March 2009. -
City of Cape Town
website
eThekwini
Insults fly over Durban rates hikes - 1 April
Tempers flared at Durban's city hall on Tuesday as councillors
provisionally accepted the eThekwini Municipality's draft 2009/10
budget, including several proposed tariff increases. The proposals
will be open for a month of public comment. -
Cape Times website
Councillor fingered for racial slurs - 1 April
Racial slurs characterised a heated full council meeting on
Tuesday at which councillors again attacked each other amid fierce
debate over proposed new rates and tariff increases. -
IOL website
eThekwini Municipal
Manager's Newsletter
28 March 2009
[Email at 5.15pm]
A large part of our
economy depends on the Port of Durban. This Port remains a vital
link in the economy of South and Southern Africa with the cargo
travelling through the Port representing some 60% of the value of
all cargo travelling through all ports. Recently, the harbor has
been widened and significant capital expenditure has increased the
productivity of the port operations.
It is vital
therefore that we plan properly and ensure that it continues
to be an important artery in the networks keeping our economy
alive. This never was the case under apartheid and the last
few years we have been playing catch-up as Transnet invests
heavily to improve productivity in the port.
Unfortunately, the negative externalities associated
with such investments are felt by residents in the South
Durban Basin – increased trucking, increased congestion and
pollution, unsafe roads and the like. Our infrastructure is
taking its toll with trucks destroying stormwater drains,
bollards and the like.
Despite the
recent downturn in the global economy, planning for port
capacity and implementation ahead of demand are critical to
the country's economy. Already there
are indications of a container capacity lag in the next 4 to 5
years.
Work undertaken
by the City has confirmed that port expansion in Durban will
result in the lowest cost to supply chains for our country as
a whole, but this means we must plan properly.
To date, there
has been a lack of a common vision for the expansion of the
Port of Durban and implementation has been limited to
individual projects such as the Khangela Bridge.
Piecemeal submission of development proposals from
Transnet has also made it quite difficult for the City to
consider in terms of its regulatory role in respect of EIA and
Town Planning applications.
Broad zoning
rights do not require Transnet to make submissions to the
City. This coupled with indiscriminate property practices,
narrow profit motives and rapid growth in port related traffic
has resulted in major congestion, road safety problems and
damage to public infrastructure, in and around the port.
Transnet's
focus has been to resolve waterside issues and rail capacity
and road capacity issues have been largely ignored.
The current situation, in the public eye, has
undermined port expansion initiatives and has created a number
of public outcries.
Together with
Transnet and other agencies such as SANRAL and NDOT we needs
to jointly develop a strategic implementation plan for the
joint vision, once this is achieved.This will allow us to
significantly improve land-use management and the general
operations of the port, its interface with the city and the
thousands of businesses that keep many of our residents
employed.
Dr Michael
Sutcliffe
City Manager : eThekwini
National Prosecuting
Authority
Pikoli questions : President misses deadline - 3 April
President Kgalema Motlanthe has missed his deadline to answer axed
prosecuting head Vusi Pikoli's accusations that he was fired to
protect ANC president Jacob Zuma. Government lawyers say they need
"at least" three weeks to answer Pikoli's application to stop
Motlanthe from appointing his successor. In papers filed before
the Pretoria High Court earlier this year, Pikoli said he
suspected Motlanthe had dismissed him - despite the Ginwala
inquiry finding that he was a "fit and proper" person for his
position - because the president and the ANC hoped to appoint a
prosecuting head "more malleable than I am". -
IOL website
Pikoli extends Motlanthe deadline - 3 April
Axed national prosecutions chief Vusi Pikoli’s legal team has
"reluctantly" given President Kgalema Motlanthe two more weeks to
reply to charges that he was fired for political reasons, his
attorney said today. - The
Times website
Parliament
Travelgate legal battle - 1 April
Parliament has effectively saved dozens of ANC members from legal
action by buying the debtors' book of Travelgate agency Bathong
Travel. But two opposition MPs and a PAC employee have been left
to fend for themselves. - IOL
website
Pension Funds
Your retirement fund : what is it really worth? - 24 March
The Revenue Laws Amendment
Bill, 2008 introduced an amendment to the
Income tax Act No.58 of
1962 in respect of the taxation of pre-retirement
withdrawals from retirement funds (SARS, 2008:4). -
Moneywebtax website
Politics
Nicholson 'reluctant to take
responsibility' for Mbeki sacking -
22 March
Pietermaritzburg High Court Judge Chris Nicholson says he cannot
be held responsible for the events that followed his ruling.
"I am reluctant to take responsibility
for what took place after I delivered my judgment and would
venture to suggest that those events should be disregarded",
said Nicholson. He was responding to United Democratic Movement
leader Bantu Holomisa's complaint to the
Judicial Service Commission (JSC) that he be investigated as to
whether he was fit to hold office. Nicholson’s judgment was partly
responsible for the ousting of former President Thabo Mbeki. -
The Citizen website
Indians unhappy over use of Gandhi images in S African polls -
31 March
The Indian-origin people in Durban have trained their guns on the
African National Congress for using Mahatma Gandhi's images in
election posters, with some of them wanting to know whether the
ruling party was so "bankrupt" that it could not attract voters on
its own values and principles. -
in MSN News website
Road Accident Fund
RAF a
tragicomedy - 25 March
Last week's 47 cents per litre hike in the fuel price includes a
17.5 percent increase in consumer contributions to the Road
Accident Fund (RAF) and while the increase in funding is lauded by
the Johannesburg Attorneys Association (JAA), the association's
Michael de Broglio says that the continued mismanagement of the
fund and the limitation of citizen benefits through Bill
Amendments mutes the applause. "It's a tragicomedy", says De
Broglio. "On one end of the scale government's open palm takes
ever more from the motorist, while with the other hand it removes
benefits and basic common law rights". The
Law Society of South
Africa (LSSA) announced earlier this week that it would
challenge the RAF Bill
Amendments in the Constitutional Court. -
iAfrica website
Challenging the Road Accident Fund
The Law Society of South Africa, together with the South African
Association of Personal Injury Lawyers, the Quadpara Association
of South Africa and the National Council for Persons with Physical
Disabilities in South Africa, on Friday 27 February 2009, served
papers on the Minister of Transport and the Road Accident Fund
challenging the constitutionality and legality of the Road
Accident Fund Amendment Act 19 of 2005 and some of its
regulations. - LinexLegal
website
Trade and Industry
State weighs plan to help garment sectorn - 31 March
The government is considering an ambitious rescue package for the
clothing and textile sector to offset the effect of the deepening
global recession.
The plan could see SA increase tariffs on strategic
apparel products to the maximum level allowed under SA's
commitments to the World Trade Organisation (WTO), raising import
duties on some products to up to 45%. -
Business Day website
Miscellaneous
Ex-boyfriend of jailed 'mule'
speaks out - 22 March
Sheryl Cwele, wife of South Africa's
intelligence boss, is alleged to have hired jailed drug mule Tessa
Beetge as far back as seven years ago to move "a
bag" overseas. Beetge never went through
with the plan. Beetge, who was caught with 9kg of raw
cocaine en route back to South Africa, said Cwele, the Hibiscus
Coast Municipality’s health director and her former neighbour, had
initiated and managed her overseas trip. -
The Times website
Keyphrase :
Drug smuggling
Includes
following statistics :
"The
countries with the highest number of jailed South Africans are
:
Brazil : 144
Peru : 59
Pakistan : 42
United Kingdom : 40
Venezuela : 33
Mauritius : 28
By geographical region, 80 are being
held in Southeast Asia and Australasia 75
in the Middle East and Central Asia ; 51
in the UK and Ireland ; and 44 are
serving sentences across Africa (excluding SA).
There are also seven prisoners in the Caribbean"
Family of jailed woman tell of anguish - 20 March
A South Coast family in KwaZulu-Natal, whose daughter is
languishing in a Brazilian jail on suspicion of dealing in drugs,
says she was lured away from home with the promise of a job in
London. The family has spoken out about their pain and anguish as
a result of Tessa Beetge's 10-month incarceration without being
charged. - IOL website
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Africa
Botswana
Botswana's
dress rules 'sexist' - 1 April
A ban on civil servants in Botswana wearing tight or revealing
clothes to work is "sexist", a women's group says. The new directive
said they could be disciplined for turning up in tight skirts or
trousers, sleeveless tops, or clothes that showed cleavages or
backs. The BBC's Letlhogile Lucas says women are particularly
angered by a ban on headscarves and elaborate hairstyles. -
BBC News website
Madagascar
Madagascan President sworn in, calls for national reconciliation
- 23 March
Andry Rajoelina, sworn in as President of the High Transitional
Authority of Madagascar at the weekend, has called for national
reconciliation. A national conference would be held soon with the
participation of all stakeholders in Madagascar, including all
political parties and civil society. The meeting will help prepare
an amendment to the constitution and the law on national
elections, including a single ballot-paper. -
BuaNews Online website
Thousands protest against new Madagascar leader - 23 March
Thousands of Madagascans took to the streets of Antananarivo
Monday to demonstrate against Andry Rajoelina's army-backed
ouster of Marc Ravalomanana at the helm of the Indian Ocean
island. -
AFP on Google website
Madagascar president defiant in face of international criticism
- 23 March
Madagascar's new leader yesterday stood defiant in the face of a
barrage of international condemnation over the military-backed
uprising that swept him to power last week. Andry Rajoelina, the
34-year-old former disc jockey who became Africa's youngest
president during Saturday's hastily arranged investiture,
refused to bow to demands for swift elections from donors who
fund more than two thirds of the Indian Ocean island's budget. -
Financial Times website
Foreign powers question Rajoelina's rule - 21 March
Andry Rajoelina was scrambling yesterday to shore up the
rebellion that catapulted him to the leadership of Madagascar as
a string of foreign powers denounced the takeover. -
Financial Times website
Foreign diplomats shun swearing-in of Madagascar's president
- 21 March
Madagascar's new president was sworn in Saturday in a ceremony
shunned by the international community. On Wednesday,
Madagascar's Constitutional Court issued a statement endorsing
the takeover but provided no reasons. It simply said Rajoelina
could serve as president and that Ravalomanana had vacated his
presidential post. The African Union responded to the change in
government by suspending the island nation and former French
colony. The Peace and Security Council has said it will review
Madagascar's case in six months and will impose sanctions unless
constitutional rule is restored. -
Canadian Broadcasting Centre website
SADC
Troika will not recognise Madagascar's new leader - 20 March
The Southern Africa Development Community's (SADC) Organ Troika
on Politics, Defence and Security Cooperation was held in
Swaziland on Thursday to discuss the political and security
situation in Madagascar. In a communiqu, issued on Thursday the
Extra-Ordinary Summit of the Organ said it "condemned in the
strongest terms the unconstitutional actions that have led to
the illegal ousting of the democratically elected president of a
SADC member state". -
BuaNews Online website
African
body suspends Madagascar - 31 March
The Southern African Development Community has suspended
Madagascar and called on its new leader, Andry Rajoelina, to
vacate the presidency. - BBC
News website
Pressure
grows on Madagascar coup - 20 March
The African Union has suspended Madagascar after the army forced
out the president and installed the opposition leader in his
place. - BBC News website
Nigeria
backs AU on Madagascar suspension - 23 March
Nigeria has withheld support to Madagascar unconstitutional
change of government, Ministry of Foreign Affairs spokesman Ayo
Olukanni has said. He said the Africa Union has suspended
Madagascar from the union for unconstitutional change of
government and AU requested that the new administration should
conduct election in the next six months adding that Nigeria
backs AU's decision and called on all parties to support the
decision. - allAfrica
website
Rwanda
Rwandan
found guilty of murders - 24 March
A court in the Netherlands has found a Rwandan Hutu, Joseph
Mpambara, guilty of torture during the Rwandan genocide in 1994
but not of war crimes. He was given 20 years in prison for, the
judges said, robbing "two women and at least four children of
their most valuable possession: their lives". He had ordered
them to be pulled out of an ambulance and hacked to death. -
BBC News website
Zimbabwe
Zimbabwe
'to arrest land thieves' - 27 March
Zimbabwe's Prime Minister Morgan Tsvangirai has said that anyone
invading farms will be arrested - in an apparent challenge to
Robert Mugabe. Mr Tsvangirai said the recent land invasions "are
actually acts of theft". President Mugabe has said that the
government would continue to seize white-owned farms as part of
his land reform policy. - BBC
News website
No
attack charges for Mugabe wife - 22 March
The wife of Zimbabwean President Robert Mugabe has been granted
immunity over an alleged attack against a British photographer in
Hong Kong. - BBC News website
Zimbabwe
'seeks jail crisis aid' - 1 April
Zimbabwe has appealed for help for its prisoners after a
documentary exposed horrific conditions in the country's jails,
the film's producer says. Shot secretly over months, a South
African TV documentary reveals how dozens of inmates in Zimbabwe
die every day of starvation and disease. "They're looking for
. . .
humanitarian aid to help them with food, clothing, legal
assistance for prisoners, all of that," said Mr Abrahams, the
executive producer of the South African Broadcasting Corporation's
Hell Hole documentary. - BBC News
website
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Asia
Cambodia
The
trials of pursuing the Khmer Rouge - 29 March
Five former members of the Khmer Rouge are currently in detention,
facing charges of crimes against humanity. But other international
officials at the tribunal have expressed concern privately that
Comrade Duch might ultimately be the only former Khmer Rouge member
to stand trial for crimes against humanity. Time, money and
political will are cited as the main obstacles. Under the original
plan drawn up by the United Nations and the Cambodian government,
the Extraordinary Chambers in the Courts of Cambodia (ECCC), as the
tribunal is officially known, would operate for three years and cost
$56m. - BBC News website
See also :
United States. Foreign Policy
below
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Australasia
Australia
Australia backs indigenous rights - 3 April
Australia has formally adopted the United Nations Declaration of
the Rights of Indigenous Peoples. The move reverses the policy of
the previous government which voted against the declaration when
it was adopted at the UN General assembly in 2007. The Indigenous
Affairs Minister, Jenny Macklin, said it meant a new start in
relations between all Australians. -
BBC News website
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Europe
Combating multiple
discrimination - 17 March
Discrimination doesn't occur only in employment but also in access
to goods and services such as banking, education, transport and
health. A directive aiming to guarantee equal treatment in these
areas was backed on Monday by the EP Civil Liberties Committee,
which particularly highlighted the need to tackle multiple
discrimination. The directive put forward by the European Commission
is intended to reduce discrimination on grounds of religion or
belief, age, gender or sexual orientation, whether direct or
indirect, and whether based on real or presumed criteria. It comes
on top of three other directives : one on
discrimination based on racial or ethnic origin, both within and
outside the labour market, one on discrimination on the labour
market and one on equal treatment between men and women. -
eGov Monitor website
Re-use of Public
Sector Information : Commission starts infringement against Italy
- 19 March
The European Commission today launched an infringement proceeding
against Italy for incomplete and incorrect transposition of the EU
Directive on the re-use of public sector information (PSI
Directive). One concern is the exclusion of cadastral and mortgage
data which includes land register information with details on the
ownership, tenure, precise location and boundaries of each parcel of
land, as well as the use of real estate as collateral to secure
loans. Other missing provisions in Italian law include the scope and
definition of re-use, procedural requirements for processing
requests for re-use, specific conditions of re-use including
available formats and charging, and non-discrimination. -
eGov Monitor website
Krejcir was illegally detained - 27
March
The circumstances under which custody was imposed on Czech
businessman Radovan Krejcir, now a fugitive, in 2003 in connection
with suspected loan frauds violated the European Convention of Human
Rights, the European Court of Human Rights in Strasbourg decided
Thursday. The court ruled that as the decision was appropriate
satisfaction, the complainant was not entitled to any compensation.
The Czech Justice Ministry has said that Krejcir had lodged a
complaint with the institution against the Czech Republic over the
violation of his right to freedom and personal security in the sense
of article 5 of the
Convention on the Protection of Human Rights and Fundamental
Freedoms. Krejcir demanded one million crowns for lost profit
and about 237 000 euros for his lawyer.
The tribunal only adjudged to Krejcir 5
000 euros for his court costs to be paid by the Czech state. Krejcir
has been prosecuted in the Czech Republic for property and violent
crimes, including criminal conspiracy and the preparation of a
murder. He escaped from the Czech police in June 2005 and left
abroad. Since April 2007, he has stayed in South Africa. He
travelled there using a false passport since he was on the list of
internationally wanted criminals. Krejcir has applied for asylum in
South Africa but his situation is complicated over the forged
passport. South African courts have refused to extradite him to the
Czech Republic because the evidence submitted on Krejcir's alleged
frauds reaching billions by Czech detectives did not seem
sufficiently convincing. -
Prague Daily Monitor website
Austria
Austria
frees 'murder pits guard' - 20 March
A former SS man alleged to have taken part in the extermination of
8 000 Jews in one day has been freed by Austria, a day after being
extradited from the US. The Austrian justice ministry said the
former guard, 83-year-old Josias Kumpf, could not be put on trial
because the statute of limitations had expired. The US says he
acted in the killing and burial in pits of Jewish interns at the
Trawniki camp in Nazi-occupied Poland. -
BBC News website
See also :
International Criminal Court below
Jozef Fritz Case
Fritzl
admits rape, denies murder - 16 March
Josef Fritzl, accused of imprisoning his daughter and fathering
her children, has pleaded guilty to rape and incest but not
guilty to murder. The Austrian is accused of the murder by
neglect of one of his daughter's children. He also denied
enslavement. - BBC News
website
Fritzl
hears daughter's testimony - 16 March
Josef Fritzl has faced questions over taped testimony by his
daughter, at the start of his trial for crimes against the
children he kept in a cellar. The Austrian court began viewing
11 hours of video on the opening day, with the rest of the
material to be shown in segments during the week. -
BBC News website
Josef
Fritzl admits all charges - 18 March
Josef Fritzl, the Austrian accused of imprisoning his daughter
and fathering seven children with her, has changed his pleas to
guilty on all charges. Fritzl said video testimony from his
daughter, played in court on Tuesday, had made him change his
mind. - BBC News website
Psychiatrist to testify on Fritzl - 18 March
A psychiatrist who examined Josef Fritzl, the Austrian accused
of crimes against the children he kept locked in a cellar, is to
testify at his trial. Dr Adelheid Kastner will give her views
about the 73-year-old, who fathered seven children with his
daughter. - BBC News
website
France
France set
for bank bonuses ban - 26 March
The French government is to issue a decree banning bonuses and share
options for executives of banks that have received government aid.
Presidential official Claude Gueant said the decree would be adopted
next week as employers refused to draw up their own code of conduct.
- BBC News website
Romania
Romania may become fourth EU state to decriminalise consensual
incest - 23 March
Surprising as it may seem, incest is not always a crime in Europe.
Three European Union nations - France, Spain and Portugal - do not
prosecute consenting adults for incest, and Romania is considering
following suit. - Cape Times
website
Spain
EU warns
Spain over development - 26 March
The European Parliament has voted in favour of a report criticising
Spanish property laws. The report says Spanish legislation allowing
developers to acquire private land below market rates breaches the
European Convention on Human Rights. MEPs were acting on complaints
from Britons and other homeowners who feared their homes might be
bulldozed. - BBC News website
Spain
court mulls US torture case - 29 March
Spanish judges have agreed to consider charging six former US
officials with providing legal justification for alleged torture at
Guantanamo Bay. Human rights lawyers brought the case against the
six, who all served under former President George W Bush. Spanish
courts can prosecute offences such as torture or war crimes even if
they occurred in other countries. The former officials - who include
ex-Attorney-General Alberto Gonzalez - could face arrest on leaving
the US if the courts decide to issue warrants. -
BBC News website
Switzerland
Why the smart Swiss love the taxman - 16 March
Most people are averse to paying their taxes at the best of times,
but in the grip of a global recession some Swiss citizens are
overpaying their dues - having found an unusual safe haven for
their cash. - Cape Times
website
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Middle East
Dubai
Kerry Winter's family start to breathe again - 20 March
The
family of Dubai-resident Kerry Winter who went missing over seven
months ago is starting to breathe again, as the prime suspect in
her disappearance was charged with premeditated murder by the
Public Prosecution on Thursday. The 41-year-old British suspect,
MA, confessed to public prosecutors that he tied Kerry's body to
weights and dumped her in the sea. The suspect has confessed that
he beat her with a stick, took her in his boat and threw her body
overboard. Thirty-six year old South African Kerry has been
missing since August 20, 2008. Her body has not been recovered. -
Gulf News website
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United Kingdom
Copyright
The availability,
affordability and protection of content in digital Britain -
16 March
The Government today invited views on the role a 'digital rights
agency' should play in protecting and promoting the legal use of
copyright content online, and how industry, consumer groups and
government can work together to create an environment where
investment in creativity is rewarded. -
eGov Monitor website
Courts
Lawyer of the Week : Joel Donovan - 2 April
Joel Donovan, a barrister at Cloisters, acted for Erica Connor, the
head teacher awarded more than £400 000 in damages from Surrey
County Council after suffering a career-ending nervous breakdown
caused by persistent allegations of Islamophobia and racism by one
of the school's governors. The court ruled
that her employer, the county's local
education authority (LEA), had failed in its duty of care towards
her by not intervening. -
Times Online
website
Abused couple lose £100 000 damages - 3 April
A vulnerable couple who were subjected to savage abuse by a gang of
youths have been stripped of their £100 000 damages payout by senior
judges. Britain's most senior civil judge
held that despite the appalling suffering inflicted on the couple by
the four youths, Hounslow Council could not be blamed for what
happened. Sir Anthony Clarke said that in 2000 the married couple
- referred to in court only as X and Y,
both of whom have learning difficulties -
made the mistake of trying to befriend the youths, who then took
over their flat. X and Y were tenants of the London Borough of
Hounslow and their legal team argued that council officials should
have moved them to a safer home. Last year, a judge awarded the
couple £97 000 damages. Sir Anthony yesterday overturned that ruling
and left X and Y without a penny. The social worker responsible for
the couple had rightly been ruled blameless, he said. -
Times Online
website
Family Law
Fund manager loses bid to scrap divorce deal - 1 April
A fund manager whose wealth has been decimated by the credit crunch
lost a bid to scrap his £11m divorce deal, in a case that was being
closely followed across the City. Brian Myerson, the well-known
activist investor, had asked the Court of Appeal to reopen the
settlement on the grounds that the value of his investment company
has plummeted over the past year, leaving his former wife in a
superior financial position. Lord Justice Thorpe, one of Britain’s
most senior family judges, threw out his application on Wednesday,
affirming the court’s stance that settlements will only be
renegotiated in extraordinary circumstances. -
Financial Times website
Case is warning on spoils division - 2 April
The Myerson case is a cautionary tale about the wisdom of choosing
investments over cash when dividing the spoils of a failed marriage.
Divorce settlements, like other court orders, are enforceable debts.
In boom times, businesspeople frequently prefer to retain riskier
assets, confident that their value will increase over the longer
term. However, senior judges have confirmed that they will not be
able to look to the courts for redistribution, should the value of
those investments plunge. - Financial
Times website
See :
Myerson v Myerson : judgment in full
Times Online
website
Finance
FSA wins first conviction for insider dealing - 27 March
A lawyer and his father-in-law were today convicted of insider
dealing in the first such criminal prosecution secured by the
Financial Services Authority (FSA), the City watchdog. Christopher
McQuoid, former general counsel of TTP Communications, and his
father-in-law, James Melbourne, were each found guilty on one count
of insider dealing at Southwark Crown Court. McQuoid, 40, passed
confidential information about an imminent takeover offer for TTP to
Melbourne, 75, who then bought shares. The convictions, which could
lead to jail terms when the pair are sentenced on Monday, are a
welcome boost for the FSA, which has repeatedly promised to crack
down on financial crime. -
Times Online
website
Lloyd's warns of rise in lawsuits against business - 24 March
Insurers will be hit by multiple class action lawsuits as investors
in the financial markets seek to recover their losses, warned
Lloyd's of London today, as the world's biggest insurance market
revealed that hurricanes and plunging shares had sliced its profits
in half during 2008. -
Times Online website
Rich investors sue Queen's bankers -
29 March
More than 500 of the richest people in Britain are planning legal
action against Royal Bank of Scotland (RBS) for losses of more than
£200m from investments through Coutts, the Queen's
bankers, which it bought in 2000. The claimants include five members
of the House of Lords and up to 10 chief executives and finance
directors of FTSE 100 companies. It threatens to tarnish the image
and credibility of private banks which often vet potential customers
for their cash and assets and then supposedly cosset them with
better financial advice than that available in the high street. -
Times Online website
Freedom of Religion
The fiery
Hindu way of death - 24 March
When Baba Ghai set fire to the body of Rajpal Mehat in a secluded
meadow near Newcastle upon Tyne, he believed he was liberating Mr
Mehat's soul. Mr Ghai says that as a Hindu he believes the
consecrated fire of an open-air funeral pyre is necessary to free
the soul and achieve what he describes as a "sacramental rebirth,
like the mythical phoenix". But Newcastle City Council has refused
to grant permission for open-air cremations - on the grounds they
are banned under the 1902
Cremation Act. So on Tuesday the High Court is due to begin
its own hearing to decide what Mr Ghai believes could be his eternal
fate. - BBC News website
Hindu condemns UK law over funerals - 24 March
A devout Hindu fighting for the legal right to be cremated on an
open-air funeral pyre has told the High Court laws stopping the
religious ceremony were a breach of his human rights. Davender
Ghai described commonly used cremation facilities as "a
mechanised humiliation of dignity - a waste disposal process
devoid of spiritual significance". The 70-year-old spiritual
healer said "confining bodies in coffins and concealing the
cremation process" did not reflect the philosophy and cultural
values he lived by. -
Press Association on Google website
Hindu Davender Kumar Ghai fights for right to open-air funeral
pyre - 21 February
Government lawyers will tell a High Court judge next week that
allowing an elderly man's last wish
would be abhorrent to the majority of the British population. -
Times Online website
The big question : why do Hindus want open-air cremation, and should
it be allowed? - 25 March
Why are we asking this now? Because an ageing Hindu guru who is in
poor health went to the High Court yesterday to clarify whether it
would be illegal for his son to burn his body outdoors once he dies.
Newcastle City Council has denied Davender Kumar Ghai permission to
be cremated on an open-air funeral pyre, arguing that such acts are
illegal. - The Independent
website
Burka, turban and cross : in multifaith Britain, who dares to set
the dress rules? - 3 April
It is human nature to try to set ourselves out from the crowd, and
in this country, when it comes to asserting our religious beliefs,
that impulse has the force of piety. So Britain's institutions are
adjusting their regulations more and more to allow for displays of
religious allegiance. -
Times Online website
Freedom of Speech
Stars call for end to archaic libel laws - 23 March
A coalition of entertainers, writers, lawyers and journalists is
calling for the scrapping of an archaic law that allows people to be
jailed for speaking out. MPs will debate an amendment to the
Coroners and Justice Bill
that would repeal the offences of seditious libel and criminal
defamation, offences that date from the 17th-century. The repeal of
the laws, which is being urged by groups including Index on
Censorship, Liberty and English PEN, would protect the rights not
only of British citizens but of people across the world where states
commonly use charges of sedition and criminal libel to silence their
critics. Human rights groups campaigning for the release of
individuals imprisoned abroad for their views are hampered in their
campaigns by the existence of similar laws in Britain. -
Times Online
website
Health
Failing hospital 'caused deaths' - 17 March
A hospital's "appalling" emergency care resulted in patients dying
needlessly, the NHS watchdog has said. About 400 more people died
at Stafford Hospital between 2005 and 2008 than would be expected,
the Healthcare Commission said. Health Secretary Alan Johnson has
apologised and launched an inquiry. -
BBC News website
Human Rights
UK to set out anti-torture rules - 18 March
New guidance for intelligence officers on interviewing overseas
detainees will be published in an attempt to show the UK
government's opposition to torture. -
BBC News website
Judiciary
Judges accuse Jack Straw of trying to limit their discretionary
powers - 26 March
More than 600 judges have condemned government plans for new
sentencing guidelines as “unnecessary, costly and unwelcome” and
likely to lead to injustice. In a strong and highly unusual
intervention, the body that represents the 652 circuit judges in
England and Wales has warned that changes going through Parliament
will severely limit judicial discretion. -
Times Online
website
Seventy is far too early for a supreme court judge to retire . . .
- 26 March
The argument for a retirement age of 75 for all supreme court
justices is very simple. Those appointed are the cream of the
judiciary. They inevitably take time to rise to the top, normally
after serving for several years in the High Court and then in the
Court of Appeal. It seems an awful shame to throw out judicial
resources of such quality after a short stay in the supreme court
when they are still fresh in mind and body and well short of their
sell-by date. The candidates being considered for the vacancies on
the supreme court include judges who would, if appointed, have a
retirement age of 70, even though they are already well past 65. -
Times Online
website
Judges fail in Tribunal bid to extend working lives beyond 70
- 26 March
Two judges fighting to work beyond the age of 70 have lost their
case, the Tribunals Service has said. Jeremy Varcoe and Stuart
Southgate, both immigration judges, accused the Ministry of
Justice of age discrimination at an employment tribunal in
Reading, Berkshire, this month. Representing themselves, the pair
challenged rules introduced in the 1990s imposing a retirement age
for judges. - Times
Online website
Municipal Management
and Procedure
Council shake-up affects millions - 1 April
Millions of people in seven English counties now come under new
council areas, as a result of the biggest local government
shake-up in 30 years. Replacing 44 districts and counties with
nine "supersized" authorities will save £100m, according to
ministers. All local services in Cheshire, Bedfordshire, Cornwall,
Northumberland, Durham, Shropshire and Wiltshire will be run by
unitary authorities. Opponents say the government ignored local
people who did not want change. -
BBC News website
Miscellaneous
PM curbs top public servants' pay - 31 March
Senior civil servants, top NHS managers and judges will get a
lower than recommended pay rise of 1.5% next year, Gordon Brown
has announced. The prime minister said the economic crisis meant
the 2009-10 rises had to be lower than suggested by the Senior
Salaries Review Body (SSRB). -
BBC News website
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United States
Alaska
Senator Ted Stevens
Stevens
conviction to be reversed - 1 April
Alaska Senator Ted Stevens's conviction for corruption should be
overturned, officials from the US justice department have requested.
Mistakes made by prosecutors during his trial render the conviction
invalid, the officials said. In October 2008, a jury found Mr
Stevens, a Republican, guilty of lying about gifts and free home
renovations he received from an oil company. -
BBC News website
See :
Infoupdate no.3 of 2009
American International
Group (AIG)
AIG bonuses protected by law is a good thing - 16 March
In the latest revelation in what has become a weekly
"bailout déjà vu",
AIG has announced that they'll be
handing out $160 million in bonuses in their financial products
unit, the very people who sit at the heart of the company's
massive failure. When added to bonuses already paid to employees
in this division, the total reaches a staggering $450 million. -
Culture11 website
Outrage at AIG's plan to pay out $165m
in executive retention bonuses : Clive Simpkins, marketing
and communications strategist - 16
March
Interviewed by Alec Hogg on the
Moneyweb website
AIG's larceny - 18 March
As we try to put the grand lunacy of AIG's grand larceny in some
rational perspective, it might help to think of this latest bonus
brouhaha as a reverse stress test - of the Obama administration's
leadership, the political-financial complex as a whole and,
ultimately, our very conceptions of capitalism. -
Forbes website
AIG chairman inherits retention bonus mess - 18 March
Edward M L Liddy, chairman and CEO of American International Group
since last the third quarter of 2008, has become the reluctant
defender of princely employee bonuses that members of Congress -
and much of the American public - find indefensible. -
Business Report website
AIG
chief asks for bonuses back - 18 March
The boss of US insurer AIG has called the bonuses paid to
executives "distasteful" and said he asked some recipients to
return at least half. But Edward Liddy said the Federal Reserve
knew in November of the $165m (£119m) bonus payments to executives
that have caused a furore in US. -
BBC News website
AIG
bonuses 'higher than thought' - 21 March
US insurance giant AIG paid out a total of $218m (£150m) in
bonuses after accepting bail-out cash, according to a senior US
official. Documents obtained by Connecticut's attorney general
showed AIG's payout was $53m, or 32%, more than was previously
estimated. - BBC News website
AIG bonus outrage has employees living in fear - 21 March
The payouts to executives appear to have helped put a face on the
economic struggles the country faces, and the anger targeting AIG
is palpable. Death threats have been pouring in since the brouhaha
broke, the company said, and its workers are taking no chances. -
Mail & Guardian website
Top AIG
bosses 'to repay bonuses' - 24 March
Nine of the top 10 recipients of bonuses from US insurance giant
AIG have agreed to return them, New York's attorney general says.
Andrew Cuomo said he hoped to recoup $80m (£55m) of bonus payments
- which amounts to about half of the $165 million paid by AIG on
15 March. The US has spent a total of $170bn on rescuing AIG since
September 2008. - BBC News
website
AIG
employee quits at 'betrayal' - 25 March
A top executive at troubled insurer AIG has resigned, citing
"betrayal" by AIG and "unfair persecution" by elected US
officials. Jake DeSantis, an executive vice-president, criticised
chief executive Edward Liddy for paying bonuses, which he then
called "distasteful". In a letter published in the New York Times,
he also said he would donate his entire bonus to charity. -
BBC News website
Not my fault, says former AIG boss - 2 April
The former head of disgraced insurance giant AIG, Maurice "Hank"
Greenberg," said in an interview published Thursday that he does
not "feel any responsibility at all" for the company's problems.
Greenberg, 83, was set to testify Thursday before a congressional
committee, his first public appearance under oath since the
government's first bailout of the firm in September. -
Business Report website
AIG working 'tirelessly' to repay debt - 3 April
American International Group, the US taxpayer-bailed out insurance
giant, said on Thursday it has sold two business units for more
than one billion dollars as it works to repay the US
government. AIG said it completed the sale of AIG Life of Canada
to BMO Financial Group on Wednesday for about $263 million. On
Tuesday the company closed the sale of Hartford Steam Boiler (HSB)
to the German reinsurer Munich Re Group for $739 million, plus the
assumption of $76 million of HSB securities. -
Business Report website
Family Law
Quest to legalise polygamy in Utah - 21 March
Some 40 000 people in the US state of Utah live in illegal
polygamous families in which a man takes more than one wife. These
fundamentalist Mormons have now begun a campaign for a change in
the law they regard as discriminatory and unfair. -
BBC News website
Finance
Madoff
fraud investigation widens - 13 March
With disgraced US financier Bernard Madoff now behind bars,
attention has turned to whether others were involved in his
estimated $50bn (£35bn) fraud. While Madoff insists he acted
alone, prosecutor Lev Dassin said he was investigating if others
had joined in the crime. Investigators are also continuing work to
see how much of the stolen funds can be recovered. -
BBC News website
Madoff's lawyers contest jailing - 13 March
The lawyers of disgraced US financier Bernard Madoff have
appealed against a judge's decision to revoke his bail and send
him to jail, a US court says. On Thursday, he pleaded guilty to
a $50bn (£35bn) fraud and was sent to jail to await sentencing
in June. - BBC News website
Madoff loses bail appeal as victims' rage revealed - 21
March
A US appeals court on Friday denied bail to Wall Street fraud
convict Bernard Madoff, as prosecutors highlighted public
outrage in a slew of emails demanding retribution. -
Mail & Guardian website
Foreign Policy
Obama
ponders Afghan 'exit plan' - 23 March
President Barack Obama has said that the US must have an "exit
strategy" in Afghanistan, even as Washington sends more troops to
fight Taleban militants. - BBC
News website
Obama seeks fresh start with Iran - 21 March
President Barack Obama has taken an important step towards
engagement with Iran, using a video message to hold out the
promise of a "new day" in relations between Washington and Tehran
after three decades of hostility and mistrust. -
Financial Times website
Obama message, Iran's response -
21 March
President Barack Obama's decision to
mark the Iranian New Year by issuing a video message offering
Iranians a new and "honest"
engagement with Washington has been broadly welcomed by Tehran,
where the government says it will study the proposals closely.
One certain outcome is a fillip for President Mahmoud
Ahmadinejad's administration, which
will argue that Obama's emollient
words justify its determination to play hardball in the face of
the bullying and bluster from the Bush White House. Editorial. -
Arab News website
Iran leader dismisses Obama message - 21 March
Iran's supreme leader has dismissed a message from US President
Barack Obama saying there has been no change in policy towards
the Islamic Republic. - itv
website
Iran responds : "Death to America" - 21 March
In a speech on Saturday, Iranian Supreme Leader Ayatollah Ali
Khamenei responded directly to Barack Obama's video mash note
from late last week. According to the Associated Press
: "Khamenei, wearing a black turban and dark robes, said
America was hated around the world for its arrogance, as the
crowd chanted 'Death to America'". -
Weekly Standard
blog
Iran prepared to engage with US, says Khamenei - 23 March
Iran's supreme leader Ayatollah Ali Khamenei indicated on
Saturday that Tehran is prepared to respond positively to US
president Barack Obama's offer of
honest engagement with Iran. "If you
change your behaviour, we will change ours",
stated Ayatollah Khamenei, the ultimate arbiter of Iranian
policy. - Irish Times
website
What
Obama's message to Iran means - 21 March
BBC News website
Finding a way out
in Afghanistan - 23 March
After receiving his welcoming gifts from the departing Bush
administration - a depression and two failed wars - President
Barack Obama faces a perhaps unprecedented combination of
challenges. While it is not clear whether he or anyone possesses
the wherewithal to resurrect the debt ridden American economy,
Obama does possess the power as commander-in-chief to take charge
of US foreign policy. Article by Walter L Hixson, professor of
history at the University of Akron and the author of The Myth
of American Diplomacy (Yale university Press). -
History News Network website
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International
Environment
Carbon labels present taxing problem - 31 March
Labels showing products' carbon footprints will not help tackle
climate change, says Alex Kasterine. In this week's Green Room, he
argues that carbon labelling schemes will harm exports, especially
from developing nations, without making much impact on emissions.
Carbon labelling schemes have been developed in order to show how
much carbon dioxide (CO2) has been emitted during the production,
processing and transport of a product. -
BBC News website
G20
G20 in a nutshell - 2 April
Moneyweb website
A G20 to-do list - 31 March
Fiscal coordination, IMF reform, financial regulation .
. . the list goes on. -
Moneyweb website
South African perspective on the G-20 London Summit - 2 April
Moneyweb website
Human Rights
State
executions 'almost double' - 24 March
The number of state executions almost doubled last year worldwide,
with China accounting for nearly three-quarters of the total,
Amnesty International says. In its annual survey, the group says 2
390 people were put to death in 2008, up from 1
252 in 2007. Of those, 1 718
people (72%) were executed in China. Another 8
864 people were sentenced to death, up from 3
347 in 2007. - BBC News
website
Selling sex legally in New Zealand - 17 March
In terms of attitudes towards prostitution, New Zealand and Europe
are almost as diametrically opposed as they are in geography.
Kiwis have opted for wholesale liberalisation of the sex trade,
while Europeans are increasingly restricting it. Does the New
Zealand liberal approach provide a model or a warning? Henri
Astier looks at its prostitution industry six years after
decriminalisation, in the first of two articles. -
BBC News website
Europe and
NZ poles apart on sex trade - 18
March
For the past six years, New Zealand has treated prostitution as a
normal business. Brothels operate legally, and sex workers are
subject to ordinary employment and health and safety rules. Some
European governments, by contrast, have chosen to restrict the
trade. Sex workers are calling for New Zealand-style
liberalisation, but as Henri Astier reports in the second of two
articles, they stand little chance of being heard. -
BBC News website
International Criminal Court
Nazi
trial letters open to public - 20 March
Documents revealing the thoughts of the main British prosecutor at
the Nuremberg Nazi war crimes trials have been opened to the
public. Letters from prosecutor David Maxwell Fyfe have been
released at the Churchill Archives Centre in Cambridge. -
BBC News website
The hunt
for the last Nazis - 23 March
As the last remaining Nazis from World War II approach the end of
their lives, it is debatable whether it is still worthwhile to
pursue them. Their crimes took place more than 60 years ago, it is
often hard to gather evidence that will secure a conviction, and
the defendants could die before the legal process is complete.
Here, two observers put the case for and against continuing
efforts to trace and prosecute the guilty. -
BBC News website
The hunt
for the last Nazis - 23 March
The US has deported to Austria a former Nazi death camp guard,
Josias Kumpf. The move sheds light on the continuing search - in
some countries, at least - for World War II war criminals. Mario
Cacciottolo examines a hunt now entering its final phase. Eli
Rosenbaum, director of the Office of Special Investigations (OSI)
in the United States, has a list of thousands of suspects. -
BBC News website
From
Nuremberg to The Hague. The Nuremberg heritage : a series of
events commemorating the beginning of the Nuremberg Trials
ICC website
See also :
Austria frees 'murder pits guard'
above
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United Nations
Top UN
human rights official arrives in India - 22 March
United Nations High Commissioner for Human Rights Navi Pillay who
arrived in New Delhi Sunday on a two-day trip is expected to meet
External Affairs Minister Pranab Mukherjee and Home Minister P
Chidambaram as well as senior government officials and members of
the judiciary besides delivering a keynote lecture at the National
Human Rights Commission. This is Pillay's
first official visit to Asia since taking up her post last
September. - Sindh Today
website
See also :
Ms
Pillay's bibliography on the UN
website
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