26 May 2009
25351/2008 [2009] ZAGPPHC 75
Mthimunye and Others v Nyembe and Others
26 May 2009
51646/2008 [2009] ZAGPPHC 74
Steffnutti & Bressan Earthworks (Pty) Ltd v Minister of the
Department of Water Affairs and Others
21 May 2009
A50/2007 [2009] ZAGPPHC 73
Majola v S
18 May 2009
27212/2002 [2009] ZAGPPHC 66
Shackleton Credit Management (Pty) Ltd v Grober and Another
17 May 2009
26557/09 [2009] ZAGPPHC 76
COSATU v Telkom SA Ltd and Others
The judgment giving permission to Vodacom to list on the JSE
South Africa union COSATU seeks to stop Vodacom listing - 11
May
South Africa's government-allied labour federation COSATU, warning
about the risks to jobs, is seeking a court order to stop the
listing of telecom operator Vodacom. Vodacom is due to debut on
May 18. The listing, one of the biggest on the Johannesburg bourse
in years, will give Vodafone a 65 percent stake in Vodacom and end
a shareholder pact that restricted it to operations only in
southern Africa. COSATU was also seeking to block a communications
watchdog decision that Vodacom was not obliged to obtain written
approval for the transfer of Telkom's stake to Vodafone. -
Your Communication
News website
S Africa regulator still considering bid to block Vodacom sale
- 12 May
The Independent Communications Authority of South Africa Ltd, the
telecommunications regulator, is still deciding whether it will
oppose a bid to block the sale by Telkom South Africa Ltd of its
mobile-phone business. -
Bloomberg website
Vodacom, Cosatu and Icasa in court
- 16 May
Cellphone giant Vodacom, will face telecommunications regulator
Icasa and union federation Cosatu in the Pretoria High Court at
10am on Sunday. "We have been served an urgent application by
Cosatu and Icasa to interdict the Vodacom listing on Monday,"
Vodacom said in a statement. "We are opposing," it added. This
followed the announcement on Friday by the Independent
Communications Authority of SA (Icasa) that telecoms group Telkom
SA needed its approval to dispose of its Vodacom shares to the
UK's Vodafone. -
IOL website
Cosatu welcomes Icasa decision -
16 May
The decision of the Independent Communications Authority of South
Africa (Icasa) to rescind its ruling on Telkom South Africa's sale
of its Vodacom shares to Vodafone was welcomed by the Congress of
South African Trade Unions (Cosatu) on Friday. -
Mail &
Guardian website
Icasa won't oppose
Vodacom ruling, independence questioned - 18 May
Communications regulator the Independent Communications Authority
of South Africa (Icasa) on Monday said it would not oppose the
judgement handed down by the High Court on Sunday, regarding the
Vodacom and Vodafone merger. Sunday’s judgement meant that the
Congress of Trade Unions (Cosatu) and Icasa did not get the
interdict they sought, and this signalled the go-ahead for mobile
operator Vodacom to list on the JSE and restructure, so that
UK-based Vodafone holds a majority 65% interest in the company.
The remaining 35%, which was held by Telkom, was unbundled and the
company listed on the JSE on Monday. -
Creamer Media's Engineering News website
Labour movement to discuss possible boycott
of Vodacom - 20 May
South African labour movement, the Congress of South African Trade
Unions (COSATU) has threatened a boycott of mobile network
provider Vodacom. This follows the recent High Court decision of
judge John Murphy, dismissing with costs the joint application by
it and the Independent Communications Authority of South Africa (ICASA)
seeking an urgent interdict to prevent the listing of mobile
provider Vodacom, and the sale of R22.5 billion worth of Telkom
shares in the company to UK operator Vodafone. -
IT
news website
22 May
2009
Statement
to clarify Independent Communications Authority of South Africa
(ICASA’s) decision regarding the Vodacom/Vodafone transaction
SA Government Information
website
Cosatu's Vodacom plea 'risk for rand'
:
judge - 26 May
Vodacom won legal permission to list on the JSE last week -
despite union protests - to avoid destabilising the stock market,
devaluing the rand and inflicting severe injury to the reputation
of the government, says the judge who granted the go-ahead. If the
Congress of South African Trade Unions (Cosatu) had been allowed
to prevent the listing, it could have triggered a contagious
sell-off of shares in other sectors of the economy as foreign
investors lost their faith in SA as a sound investment
destination. Those are the among the reasons North Gauteng High
Court Judge John Murphy dismissed an application by Cosatu to halt
the listing, according to his written judgment published
yesterday. -
Business Day website
15 May 2009
24781/2008 [2009] ZAGPPHC 60
Groenewald v Pieters and Others
15 May 2009
16198/2008 [2009] ZAGPPHC 59
Initiative SA Investments 163 (Pty) Ltd v City of Tshwane
Metropolitan Municipality and Another
15 May 2009
13235/2009 [2009] ZAGPPHC 58
Value Logistics Limited v Van Zyl and Another
15 May 2009
5824/2009 [2009] ZAGPPHC 57
Lawyers for Human Rights v Minister of Safety and Security and
Others
Application concerning the lawfulness of the detention centre for
persons said to be "illegal foreigners"
Keyphrase :
Musina Police Station
See also :
South Africa. Foreign Policy
15 May 2009
A1000/2006 [2009] ZAGPPHC 56
S v Mlambo
15 May 2009
A647/2008 [2009] ZAGPPHC 55
S v Tshepiso
15 May 2009
A47/2009 [2009] ZAGPPHC 54
S v Shibambo
15 May 2009
55989/07 [2009] ZAGPPHC 53
S v S
14 May 2009
46716/08 [2009] ZAGPPHC 52
V Z v V Z
14 May 2009
42154/2006 [2009] ZAGPPHC 51
Kutumela v Minister of Correctional Services and Another
Unlawful detention
14 May 2009
4421/08 [2009] ZAGPPHC 50
Dreyer v Botha
8 May 2009
38578/2005 [2009] ZAGPPHC 65
Beegte v Bruwer
30 April
2009
A1482/2005 [2009] ZAGPPHC 41
S v Thaedi and Others
30 April 2009
58132/2007 [2009] ZAGPPHC 40
Tsenelo Media Solutions (Pty) Ltd v Brand IQ (Pty) Ltd and
Another
30 April 2009
11991/2005 [2009] ZAGPPHC 39
Strydom v Van der Griendt
29 April 2009
A240/07 [2009] ZAGPPHC 38
Bosch v Du Plessis
29 April 2009
5580/06 [2009] ZAGPPHC 37
Absa Technology Finance Solutions (Pty) Ltd v Hattingh trading
as Corner Savings Supermarket
29 April 2009
22024/06 [2009] ZAGPPHC 36
Morgan Air Cargo (Pty) Ltd v Sim Road Investments CC and
Another
29 April 2009
15320/09 [2009] ZAGPPHC 35
Centre for the Study of Violence and Reconciliation and Others
v President of the Republic of South Africa and Others
Keyphrase :
Presidential pardons
Webster's killer stays behind bars - 1 May
apartheid activist David Webster 20 years ago, will not receive a
presidential pardon any time soon. The North Gauteng High Court in
Pretoria granted an interim interdict on Wednesday preventing
President Kgalema Motlanthe from granting pardons to prisoners
convicted of politically motivated apartheid crimes. In 2008 then
president Thabo Mbeki established a "special dispensation" for the
granting of pardons to people who had been convicted of offences
allegedly committed in pursuit of political objectives. A
reference group chaired by former Cabinet minister Tertius Delport
examined 2 114 applications for pardons - including Barnard's. -
Mail & Guardian website
Remembering David Webster - 1 May
Twenty years ago today South Africa was in the grip of a State of
Emergency called by a repressive government so that it could put
troops into townships, and arrest, detain and torture its citizens
as it fought to keep apartheid alive. They were days of darkness,
violent and full of fear. At the University of the Witwatersrand
where Webster worked, the police were a common site on campus,
bent on suppressing student activists, by arbitrary arrests and
detention. They planted spies, disrupted meetings, shot rubber
bullets and hurled teargas canisters. I remember the day Webster
was killed and the service that was held for him at the university
in the days that followed. - Laurice Taitz on
the
Nothing to do in Joburg besides . . .
website
Pardons
for apartheid crimes : must the President hear the victims? -
7 May
For constitutional law nerds like myself this is a facinating
case. It is obvious that it would have been morally and
politically more correct to give the victims an opportunity to
make representations about the pardons. Granting political pardons
is a highly emotive issue and has not always been dealt with in a
consistent and morally tenable manner and giving the voiceless
victims an opportunity to have their say might have helped to
legitimise this process. But having said that, I am conflicted
about whether the judgment by Seriti J is correct. - Pierre de Vos
on the
Constitutionally Speaking
website
Pardon?
- 8 May
Last week's ruling on the presidential pardons process could have
far-reaching implications and, some say, affect the president's
power to grant pardons in future. -
Mail & Guardian
website
28 April 2009
57536/2007 [2009] ZAGPPHC 43
Croukamp v Minister of Defence and Others
28 April 2009
34514/2008 [2009] ZAGPPHC 42
Rhino Plat (Pty) Ltd and Another v Minister of Minerals and
Energy and Others
28 April 2009
33002/2004 [2009] ZAGPPHC 34
Sampsons Building (Pty) Ltd v Stanlib Wealth Management Ltd and
Another
Court clears way for
prosecution of cases from apartheid era in South Africa - 5
May
A court decision today confirming the obligation of prosecutors in
South Africa to investigate cases from the apartheid era,
especially those involving persons who have been denied amnesty,
will help guarantee justice for victims, the International Center
for Transitional Justice said. In its ruling, the North Gauteng
High Court in Pretoria dismissed a request for permission to
appeal by the National Director of Public Prosecutions and the
Minister of Justice against a ruling by the High Court in December
2008 that overturned several amendments to South Africa's
Prosecution Policy. The new policy would
have allowed the National Prosecution Authority to grant
indemnities to persons who had not been granted amnesty by South
Africa's Truth and Reconciliation
Commission. -
New Liberian
website
Zille accuses Zuma of obstructing justice - 8 may
President-in-waiting Jacob Zuma and the National Prosecuting
Authority (NPA) are deliberately obstructing the high court
application seeking a review of the NPA's decision to drop the
criminal charges against Zuma, DA leader Helen Zille says. "They
can spend as much taxpayers' money as they want to subvert the
legal process, whereas our resources are limited",
she charged in a speech at the World Justice Project conference,
delivered on her behalf by newly elected leader of the opposition
in Parliament, Athol Trollip. -
IOL website
Boeremag chief cracks up in court - 5 May
South Africa's most expensive criminal proceeding - the Boeremag
treason trial - for which the taxpayer has forked out more than
R20-million thus far, was again in session for less than 30
minutes on Monday. Monday's court session was brief, with the
alleged Boeremag military commander, Tom Vorster, having an
emotional outburst. A clearly unhappy Vorster told Judge Eben
Jordaan that he was tired of being trampled on by the State, which
he claimed was disregarding his rights. "My co-operation is ending
now. I will no longer tolerate the unacceptable behaviour from the
State and the investigating team towards me",
Vorster said. The matter stood down to today for Vorster to decide
on the way forward. -
IOL
website
Ex-officers up in arms over medical aid subsidies - 2 May
Some former members of the South African Police Service are
embroiled in a legal battle with the SAPS and its medical aid
scheme Polmed after they were notified that, although they may
continue with their membership of the scheme, they will no longer
be subsidised by the police force. The members say it is unfair
and contrary to the scheme's rules, while the scheme says it is
lawful and that it can, in any event, no longer afford the
subsidies for the members because this would place the scheme in
insolvency. Trade union Solidarity launched an urgent Pretoria
High Court bid on behalf of 88 members of the medical scheme in
which members asked that their membership of the medical aid fund
be restored in full. -
IOL
website
Doctors take guideline tariff battle to court - 11 May
The Department of Health may have to update the guideline tariffs
for medical services after associations that represent more than 7
000 medical practitioners launched an application in the Pretoria
High Court to challenge the department's determination of the
tariffs, arguing that the rates are too low. The health department
apparently indicated this week that it will not oppose the
application, which asks the court to instruct the department to
produce a revised 2009 Reference Price List (RPL) by September
this year. -
Personal Finance
website
Milne troubles land in court - 20 April
The North Gauteng High Court had granted an application for the
provisional sequestration of Jack Milne, the former managing
director of PSC Guaranteed Growth (PSCGG) Fund, with the intention
of having an inquiry into his estate, one of the liquidators, Ivor
von Diggelen, said on Friday. -
Business Report
website
Keyphrases :
Income Tax Act
Stock Exchanges Control Act
Tigon
Court overturns minister's
land grab - 27 May
The North Gauteng High Court in Pretoria yesterday ordered the
government to restore land to a black farmer evicted last month
under its controversial "use it or lose it" policy. The case was
brought by land- reform beneficiary Veronica Moos against Arts
and Culture Minister Lulu Xingwana, who launched the policy with
histrionic fanfare while land and agriculture minister. Moos
initially sought a punitive costs order against Xingwana in her
personal capacity for her active role in the eviction, but this
was later dropped. Yesterday, the new Department of Land Reform
and Rural Development, which has been split from agriculture,
was given notice that it had 12 hours to restore the 21ha farm
near Bapsfontein in eastern Gauteng to Moos. Several government
sources told Business Day that beneficiaries close to Xingwana
had already been allocated the farm. -
Business Day website
DA welcomes farm court ruling -
27 May
A High Court ruling returning a farm to a woman evicted under
government's "use it or lose it" policy is a victory for the rule
of law and constitutionalism, the DA said on Wednesday. The
Democratic Alliance supported a sustainable and legally sound land
reform programme in South Africa, spokesperson Mpowele Swathe
said. - IOL
website
Minister's 'land-grab cronyism' -
1 June
Arts and Culture Minister Lulu Xingwana has been accused of
cronyism after evicting land-reform beneficiaries through her
controversial "use it or lose it"
campaign, and allocating the farms to members of a women's
group with which she is closely associated. Xingwana launched the
group, Women in Agriculture and Rural Development (Ward), soon
after taking over the portfolio in 2006. Ward's declared aims are
to increase land ownership by black women.
In two recent high-profile cases, in which black farmers
deemed unproductive were evicted under Xingwana's "use it or lose
it" policy, their farms were allocated to Ward members.
They include Della Masilela, chairwoman of Ward's Gauteng
branch, whom Xingwana allegedly praised publicly as her "protégé".
Masilela confirmed she and five Ward members were allocated
Yzervarkfontein farm near Bapsfontein last month after Xingwana
publicly evicted emerging farmer Veronica Moos for underutilising
her farm. Court documents show Moos tried on several occasions to
get the department to honour promises of support and supply her
with a valid lease. Themba Masemola said that he was evicted from
an ostrich farm near Pretoria a month after a visit by Xingwana.
The current occupant, who would identify herself only as Nosipo,
confirmed that she was a member of Ward, but denied Xingwana
influenced the decision to transfer the farm to her co-operative.
- allAfrica
website
Keyphrase :
Lawyers for Human Rights
Proactive Land Acquisition Strategy (Plas)
See also :
South Africa.
Anger as new land owners fail to use
farms
Land confiscations : white tenants will not be tolerated - 15
April
Moneyweb website
Pikoli Case
Radebe has to deal with Pikoli case - 12 May
Newly sworn-in Justice and Constitutional Development Minister
Jeff Radebe's first job will be to deal with the legal hangover
caused by the sacking of former prosecutions chief Vusi Pikoli by
the previous administration earlier this year. Pikoli has taken
former president Kgalema Motlanthe to court after the previous
Parliament approved his decision to axe Pikoli, on grounds - among
others - that he had disregard for issues of national security. -
Daily News
website
13 May 2009
8550/09
Pikoli v The President, the
Speaker of the National Assembly and the Chair of the National
Council of Provinces
South African President's affidavit deposed (Kgalema Motlanthe's
reply to Pikoli)
Mbeki's side to Selebi saga - 14 May
Former president Thabo Mbeki has admitted that he tried to delay
the arrest of suspended police chief Jackie Selebi - but says he
did so out of fear that it would end in a "shoot-out" between the
police and the Scorpions. The former president has further claimed
that he had "grave concerns" that then-prosecuting boss Vusi
Pikoli's refusal to allow him two weeks to prepare the country for
Selebi's arrest would have compromised national security,
"plunging the country into turmoil". Mbeki's claims stand in
contrast with his original reasons for suspending Pikoli in 2007.
At that time, he claimed that he had suspended the national
director of public prosecutions because his relationship with
then-justice minister Brigitte Mabandla had irretrievably broken
down. -
IOL
website
See also :
South Africa.
Directorate for Priority Crime Investigation (DPCI)
; South
Africa. National Prosecuting Authority