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

10 July 2009

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

 

InfoUpdate 14 of 2009
Useful Links
and Items of Interest 
 

Africa

African Union Authority to be established - 6 July
Continental leaders gathered at the 13th African Union Summit on Friday took a decision to transform the African Union Commission into a new African Union Authority. Libyan President and host of the summit, Muammar Gaddafi, hailed the landmark decision at the closing of the summit. "Africa will speak through one single voice to take up challenges," said the leader. - BuaNews Online website

AU summit tackles divisions over 'African government' - 1 July
Libyan leader Moamer Kadhafi's drive to create a powerful pan-African authority split the continent's leaders Thursday, as a new debate erupted over the war crimes indictment of Sudan's president. Kadhafi grew so frustrated at the dissent over his scheme to give the authority broad power over regional defence and foreign affairs that he briefly walked out of the talks at an African Union summit here, diplomats said. - AFP on Google website

Gaddafi calls for AU Summit in Sept - 6 July
Libyan leader Muammar Gaddafi on Friday called for a special African Union Summit in early September to coincide with the 40th anniversary of his rise to power. President Gaddafi, who is the current chairperson of the African Union, made the proposal during the last day of the 13th AU summit in Sirte, Libya. He explained that the meeting would be held to coincide with the rise to power of the Libyan "Guide" on 1 September 1969, after King Idriss was overthrown. - BuaNews Online website

3 July 2009
Closing remarks by His Excellency Jacob Zuma, President of the Republic of South Africa, to the 13th Ordinary Session of the African Union Assembly of Heads of State and Government, Sirte, Libya
Presidency website

4 July 2009
Zuma's closing address to AU
The Richmark Sentinel website

SADC caught in EU-SA crossfire - 8 July
Countries in the Southern African Development Community (SADC) are caught between a rock and a hard place as South Africa and the EU sling it out over the continuity of trade blocs in the region. At issue is allegiance in the over a century-old Southern African Customs Union (Sacu), after division brought on by the signing of a separate economic partnership agreement (EPA) with the EU by three Sacu members. The EU's splitting of Sacu, with the signatures of Botswana, Lesotho and Swaziland on a separate EPA, was forcing South Africa's hand in endorsing a SADC customs union, said Peter Draper, the head of the Development Through Trade Programme at the SA Institute of International Affairs (SAIIA). - Business Report website

Europe resorts to name calling - 8 July
A top EU trade envoy has launched a scathing attack on South Africa, accusing it of being "a bully" and "acting in bad faith" in relation to its partners in the Southern African Customs Union (Sacu). Ivano Casella, the EU's trade negotiator for the Southern African Development Community (SADC), said he believed South Africa wanted to disband Sacu, as it was not in the country's interests to continue to share customs revenue with the region. - Business Report website

Sacu trade negotiators head for talks in Namibia - 8 July
A quarterly meeting of the Southern African Customs Union (Sacu) council and commissioners will take place in Namibia next week, with an objective of clarifying how the oldest union in existence intends to manage the impact on the functioning of Sacu, following differing opinions on how best to approach negotiations with the European Union (EU) regarding the signing of the Economic Partnership Agreements (EPAs). - Creamer Media's Engineering News website

EPAs not in Africa's interest - 10 July
Local civil society groups have said that Botswana, Lesotho and Swaziland, which are now being referred to as BLS countries in SADC's Economic Partnership Agreements (EPAs) negotiations with the European Union (EU), signed the agreements under pressure from the European bloc. They are the Kohemo Namibia Development Agency, the Labour Resources and Research Institute (LaRRI), the National Union of Namibian Workers (NUNW), the National Youth Council (NYC), the Do O.D Southern Africa and TKMOAMS. "We are disappointed that the BLS countries signed under pressure from the EU and wish to point out that the Swakopmund 'agreed' texts are not included in the interim EPA text", the groups said in a joint statement this week. - Namibia Economist website

Egypt

Egypt mourns 'headscarf martyr' - 6 July
The body of a Muslim woman, killed in a German courtroom by a man convicted of insulting her religion, has been taken back to her native Egypt for burial. Marwa Sherbini, 31, was stabbed 18 times by Axel W, who is now under arrest in Dresden for suspected murder. Husband Elwi Okaz is also in a critical condition in hospital, after being injured as he tried to save his wife. Ms Sherbini had sued her killer after he called her a "terrorist" because of her headscarf. - BBC News website

See also :

Europe. Freedom of Religion

Middle East. Burqa losing popularity among young Afghan women

Kenya

Using puppets to battle Kenya corruption - 7 July
The satirical puppet show, XYZ Show, which was influenced by the British 1980s show Spitting Image and France's Les Guignols, is a chance for a group of scriptwriters and puppeteers to delve into the murky world of Kenyan politics. The man behind it is East Africa's best known cartoonist, Gado, who has been taking a pop at Kenya's elite for years and encourages people to question events in Kenya. "We bring out the character . . . especially when it comes to the fact that the politicians never stand for anything, the double-standards and the hypocrisy," said director James Kanja, who says he is not expecting any threatening phone calls in response to the show. "We feel secure knowing that we are working with puppets so we could argue at the end of the day that this is a puppet not a real person". - BBC News website

See also :
ANCYL slams Nando's ad - 21 April
The ANC Youth League on Tuesday called for the immediate withdrawal of the "disgusting" Nando's television and radio advertisements. The league said the advertisements used "cheap satire" to undermine electoral politics in South Africa. "We are fully aware that the advertisement is intended at mocking the president of the ANCYL, and in a racist fashion portrays political leaders as cartoons". The television adverts feature a puppet named Julius - which could be a reference to ANCYL leader Julius Malema - who demands "change". The league said it has commissioned its lawyers to investigate. - News24 website

Madagascar

European Union begins consultations with Madagascar on return to democratic rule - 7 July
As a representative of the EU Presidency, State Secretary for Development Cooperation Joakim Stymne has today begun political consultations in Brussels with Madagascar's self appointed high authority (Haut Autorite Transitoire - HAT). The EU is beginning consultations following the military coup that took place on 17 March and the disturbances that followed. The delegation from Madagascar was led by HAT's President Andry Rajoelina. - eGov Monitor website

Madagascar authority says understands EU despite punitive measures - 9 July
The Madagascan transitional government understands the European Union (EU) despite its punitive measures, according to a senior official.  In an exclusive interview with Xinhua here on Wednesday, Interior Minister Manantsoa Masimana said what the EU had said was to encourage Madagascan politicians to continue dialogue and seek peaceful solution to the current political crisis. - Xinhua News Agency website

See also :
Madagascar sentences ex-president - 3 June
BBC News website
[InfoUpdate 12 of 2009]

Sudan

African Union in rift with court - 3 July
The African Union says it will halt co-operation with the International Criminal Court over its decision to charge Sudan's leader with war crimes. President Omar al-Bashir was indicted over alleged atrocities in the Darfur region in March. - BBC News website

AU ruling means Bashir can travel in Africa : Sudan - 4 July
Sudan said on Saturday its president was free to travel across Africa after heads of state of the African Union voted not to cooperate with the International Criminal Court's indictment of him. - Reuters website

Africa refuses to act on Sudan war crimes warrant - 4 July
The African Union refused to act on an international war crimes warrant for Sudan's president, at a summit that also yielded a deal on the powers of a new regional Authority. The refusal to arrest Sudan President Omar al-Beshir granted a continent-wide reprieve to a leader accused of war crimes and crimes against humanity in Darfur. While the measure was backed by Libya and other nations that sympathise with Sudan, the text also voiced Africa's frustration at the UN Security Council's failure to consider a request to suspend the warrant for one year, delegates said. - AFP on Google website

African move on Bashir dismissed - 5 July
The African Union's (AU) decision not to help arrest Sudan's president will not affect the International Criminal Court's work, its prosecutor says. Luis Moreno Ocampo told the BBC Omar al-Bashir was still a wanted man and that it was up to each African state to decide whether to arrest him. Mr Bashir was indicted over alleged atrocities in Darfur in March. But on Friday an AU meeting in Libya agreed a resolution saying they would not co-operate in his arrest. - BBC News website

SA faces a dilemma - 8 July
The South African government faces a dilemma over the African Union summit's decision on Friday not to help the International Criminal Court (ICC) to arrest Sudanese President Omar al-Bashir for war crimes and crimes against humanity in Darfur. The decision by the AU's highest body, the assembly of heads of state and government - who included President Jacob Zuma - at the summit in Sirte, Libya, directly contradicts South Africa's obligations - as a country that has ratified the ICC's founding Rome Statute - to arrest al-Bashir as a fugitive from the ICC and hand him over to the court in The Hague. - IOL website

See also : 
South Africa and Rwanda call for African court - 12 June
South African President Jacob Zuma and his Rwandan counterpart Paul Kagame yesterday called for the creation of an African court, accusing the International Criminal Court in The Hague of imposing "selective" justice. - Gulf News website
[InfoUpdate 12 of 2009]

Indicting Bashir is wrong - 2 July
The indictment of Sudanese President Omar al-Bashir by the International Criminal Court (ICC) threatens peace and security in Sudan. The arrest warrant for the president not only escalates the conflict in Darfur and makes the resolution of the conflict more elusive, but it also weakens the sovereignty of the state of Sudan. This in turn revives the violence that escalated in the South-North war, destroying the peace deal that ended 22 years of civil war. This war saw the deaths of two million Sudanese and the displacement of more than three million refugees overseas. - Article by Hussein Ali Yusuf, PhD student at the Institute For Conflict Analysis and Resolution, George Mason University on the Foreign Policy in Focus website

Indicting Bashir is right - 2 July
The International Criminal Court’s indictment of Sudanese President Omar al-Bashir is more than a moral imperative. It's a strategic opportunity to advance peace in Sudan. Since al-Bashir took office in 1989 through a military coup, he has overseen two premeditated, coordinated military campaigns inside Sudan, both characterized by crimes against humanity and war crimes. Although the ICC's indictment only addresses acts committed in Darfur, the Sudanese government killed hundreds of thousands of citizens and displaced millions of others over the course of these two campaigns. - Article by Meghan E Stewart, attorney and Senior Peace Fellow with the Public International Law and Policy Group on the Foreign Policy in Focus website

Zimbabwe

Zimbabwe to re-evaluate all mining contracts - 3 July
Zimbabwe will re-evaluate all mining contracts and introduce a "use it or lose it" policy for its mining industry under a proposed law, the country's Finance Minister Tendai Biti told Reuters on Friday. News of the vetting of mining contracts by Zimbabwe's unity government of President Robert Mugabe and Prime Minister Morgan Tsvangirai is likely to surprise investors at a time the country is wooing them to help repair a battered economy. Mining in the southern African country has become the leading source of foreign exchange, with gold accounting for a third of exports, but political turmoil, lack of energy and unfavourable regulatory rules has led to several mines closing. - Creamer Media's Mining Weekly website

Zimbabwe army 'to go from mines' - 5 July
Zimbabwe's government has agreed to withdraw soldiers from diamond mining fields amid criticism over human rights abuses, state-run media reports. - BBC News website

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