Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

12 June 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

 

InfoUpdate 12 of 2009
Useful Links
and Items of Interest 
 

Africa

Courts

See also : International. Courts

Kenya

See also : United Kingdom. Courts. Mau Mau veterans claim compensation over 'lost decade'

Libya

Gaddafi sues Moroccan papers - 16 June
Libyan leader Muammar Gaddafi on Monday sued three Moroccan newspapers for defamation, seeking eight €8m in damages for "attacks on the dignity of a head of state". The current chairperson of the African Union "has charged me... with claiming $3.67m from each of the Moroccan newspapers : al-Jarida al Aoula ; al Ahdath al Maghribia and al Massae", lawyer Ali Belkadi told a Casablanca court. - The Times website

Madagascar

Madagascar sentences ex-president - 3 June
A Madagascar court has sentenced former leader Marc Ravalomanana in absentia to four years in jail for alleged abuse of office, a minister says. Justice Minister Christine Razanamahasoa told reporters it was for buying a presidential jet. The court also fined Mr Ravalomanana $70m (£42m). He is currently in South Africa seeking international support for a return to the Indian Ocean island. He lost power in March amid protests by opposition leader Andry Rajoelina. - BBC News website

Madagascar's ex-leader rejects jail sentence - 5 June
Madagascar's former leader Marc Ravalomanana rejected on Friday the jail sentence against him for abuse of office and accused the country's army-backed government of flouting rule of law. Exiled in South Africa, Ravalomanana called on the Malagasy people to unite in rejecting the leadership of new incumbent Andry Rajoelina, who led weeks of popular protests against him earlier this year and seized power with military support. - Reuters website

Madagascar's neighbours, after daylong summit, call for peaceful dialogue to resolve crisis - 20 June
Madagascar's neighbours have urged its feuding politicians to resolve their differences through peaceful dialogue, and on Saturday appointed Joaquim Chissano,a respected former Mozambican president, to try to push forward stalled negotiations. Saturday's summit, lasting from noon to midnight, was lengthy because some nations had to be talked out of taking a more aggressive stance, according to diplomats who spoke on condition of anonymity because the sessions preceding the final communique were not public. - metronews website

SADC's hypocrisy over Madagascar - 20 June
The SADC is meeting in South Africa on Saturday in order to try and “restore political order” to the ongoing strife in Madagascar. International efforts at mediation have broken down and the Southern African Development Community are hearing report backs from the mediators who took part in the talks. The SADC suspended Madagascar during March, refusing to recognise the government of Andry Rajoelina, as a result of what they perceived to be a coup in that country.  The SADC meeting is due to be attended by Ravalomanana and, can you Adam and Eve it, President Robert Mugabe from Zimbabwe. Therein lies the rub. Was it not the stance of South Africa and the SADC that Zimbabwe’s problems could only be solved by Zimbabweans? Was not every suggestion of international mediation rejected out of hand? When was Zimbabwe suspended from the SADC? - Article by Michael Trapido on the Thought Leader blog

Malawi

Supreme Court of Appeal
12 June 2009
[2009] MWSC 1
In Re : The Adoption of Children Act CAP 26:01; In Re: CJ A Female Infant of C/o P.O.Box 30871, Chichiri, Blantyre 3 (Msca Adoption Appeal No.28 of 2009)

Minerals and Energy

Fight against blood diamonds under review in Namibia - 23 June
Diamond-producing nations open a meeting on Tuesday to review global efforts to prevent trade in the gems from fuelling conflicts, with an eye on alleged abuses in Zimbabwe and Venezuela's recent suspension. An international scheme known as the Kimberley Process, named after the South African mining town, was launched in 2003 with the aim of curbing the flow of "blood diamonds" into the mainstream market. Namibia, which currently heads the process, is hosting the three-day meeting to deliberate on efforts to further curb the illegal diamond trade blamed for financing wars in developing countries. - Mail & Guardian website

Swaziland

News release from Southern African Litigation Centre - 3 June 2009

Prominent Swazi human rights lawyer arrested

Mbabane, Swaziland - Thulani Maseko, a prominent human rights lawyer, has been arrested and is currently in police custody. He was initially charged under Swaziland's recently enacted Suppression of Terrorism Act, but now faces charges under the Sedition Act.

Maseko is currently acting for Mario Masuku, president of the banned People's United Democratic Movement (PUDEMO), who has spent six months in police custody awaiting trial. Masuku was also initially charged under the Suppression of Terrorism Act but now also faces charges under the Sedition Act.

Maseko's arrest comes amid growing demands for democratic reform in Swaziland. Despite a new constitution, political parties are not entitled to contest elections and the king continues to rule by decree.

The Suppression of Terrorism Act, enacted in late 2008, has already been the subject of much international and domestic criticism. Its definition of terrorism is so broad it could potentially encompass any activity and the powers given the Minister of Justice to ban individuals and organizations are almost unfettered.

Calling for the release of Mr Maseko, Nicole Fritz, director of SALC, said : "This is one more instance in which the Swazi government shows that it has no genuine commitment to constitutional democracy in Swaziland. That it would arrest Thulani who has been involved in almost every important human rights challenge in Swaziland in recent years shows just how shameless it is".

Sisonke Msimang, OSISA director, added : "In recent years, as the region has been focused on the crisis in Zimbabwe, Swaziland's King Mswati has systematically targeted civil society activists and human rights defenders in a manner that emulates Mugabe. Swaziland's political crisis deserves far more attention than it has previously received".

Prepared by : FD Beachhead

Zimbabwe

Zim PM sees local ownership level being cut - 23 June
Zimbabwe is reviewing its indigenisation law and will likely lower the 51% requirement for local ownership of foreign firms investing in the country, Prime Minister Morgan Tsvangirai said on Tuesday. - Mail & Guardian website

Violence perpetrators face arrest in SA - 20 June
Eighteen Zimbabweans behind last year's gruesome election violence face arrest in South Africa. Their names have been submitted to the National Prosecuting Authority (NPA) for arrest when they next visit that country. The docket and evidence regarding international crimes committed was presented to the NPA by the Southern Africa Litigation Centre (SALC) on behalf of the numerous victims of these international crimes in Zimbabwe. The evidance establishes the commission of crimes against humanity by Zimbabwean officials. The intervention by SALC is in respect of a proposed domestic prosecution before a South African court. Under the ICC (International Criminal Court) Act the NPA may commence proceedings and issue warrants of arrest prior to the presence of the accused in South African territory. South Africa has  a duty under international law and under the Implementation of the Rome Statute of the International Criminal Court Act, No 27 of 2002 (the ICC Act) to apprehend and prosecute the drivers of the 2008 violence. - The Standard website

Zimbabwe evictions breach ruling - 5 June
A tribunal of the Southern African Development Community (SADC) on Friday declared the Zimbabwean government in breach of a court ruling ordering it to halt white-owned farm invasions and asked Zimbabwe’s neighbours to take action. - The Times website

Mugabe wants to reintroduce Zim dollar - 26 June
President Robert Mugabe wants to reintroduce the Zimbabwe dollar, which was taken out of circulation four months ago after it lost nearly all its value, according to state media Friday. The US dollar and the South African rand were declared legal tender in February shortly after the country’s coalition government was formed and prime minister Morgan Tsvangirai's former opposition Movement for Democratic Change took charge of the finance ministry. - The Times website

Noise fear for Zimbabwe elephants - 17 June
Noise pollution from helicopter flights over Victoria Falls could badly affect important elephant herds in Zimbabwe, environmentalists have warned. They say senior government ministers are backing plans for a four-fold increase in tourist flights. Work has already begun on new helipads but without official permission. Zimbabwean Environment Minister Francis Nehema says no environmental impact assessment has been made - and without it the scheme cannot go ahead. - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society