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

17 July 2009

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

 

InfoUpdate 15 of 2009
Useful Links
and Items of Interest 
 

Africa

Making use of traditional institutions in modern African states - 17 July
Traditional institutions have been castigated in Africa as being undemocratic because of too much vesture of powers in their leaders. Correspondent Jerru Bungu picks on the pros and cons of traditional leadership in Africa. The nature of traditional institutions, especially chieftaincy, to the transformation of African economies and governance systems is highly disputed in post-colonial Africa. One highly sceptical view is that chieftaincy is anachronistic, a hindrance to development and transformation of the continent, undemocratic, divisive and costly. - Mmegi Online website

Tough love from a brother - 12 July
He may only have been in Africa for 21 hours but it was long enough for Barack Obama to send out his inspiring message across the continent - "A New Moment Of Promise," he called it. He urged Africans to stop laying the blame elsewhere and to take control of their own destiny. He encouraged the younger generation to catch the "Yes We Can" fever that had assisted his own rise to the White House. - BBC News website

See : http://www.whitehouse.gov/blog/A-New-Moment-of-Promise-in-Africa/ 

Obama's Statement at Cape Coast Castle - 11 July
The president and his family toured Cape Coast Castle Saturday, an historic departure pointin Ghana for untold numbers of slaves bound for America and the Caribbean. After, Barack Obama gave a statement. Here is an excerpt. - Swampland blog

See also : http://en.wikipedia.org/wiki/Cape_Coast_Castle 

Botswana

Law society could arraign Khama before ICC - 14 July
The Law Society of Botswana (LSB) will petition President Ian Khama and eventually have him arraigned before the International Criminal Court (ICC) if Khama fails to act on extra-judicial killings, LSB resolved at its annual general meeting held here over the weekend. LSB Chairman, Tebogo Sebego says this year's AGM agenda items featured extra-judicial killings by Botswana's security forces, the Media Practitioners Act and Legal Practitioners Act. Sebego says after a lengthy debate, lawyers attending resolved to petition Khama about ensuring that extra-judicial killings did not continue and to seek an assurance that the killings thus far recorded are fully investigated and the perpetrators brought to book. - Mmegi Online website

Botswana signed controversial deal with EU to protect its commercial interests - 16 July
Botswana's decision to sign an Interim Economic Partnership Agreement (I-EPA) with the European Union (EU) earlier this year did not pose a threat to the Southern African Customs Union (Sacu) and was based on the country's need to protect its immediate commercial interests, Botswana's Trade and Industry Minister Daniel Neo Moroka asserted on Thursday. Speaking in Johannesburg at an event arranged by the South African Institute of International Affairs, Moroka said that he saw "absolutely no threat to Sacu, as long as we are committed and true to our objectives under Sacu". - Creamer Media's Engineering News website

Egypt

Egyptian jailed for insult poem - 14 July
A civil servant in Egypt has been jailed for three years for insulting President Hosni Mubarak in a poem, according to newspaper reports. Moneer Said Hanna's family said he wrote satirical poetry for fun, to entertain his work colleagues, and never meant to hurt anyone. - BBC News website
Keyphrase :
Arab Network for Human Rights

Namibia

Namibia seal hunt to proceed - 16 July
The Namibian government says its annual commercial seal hunt will go on despite objections from animal welfare groups. Frans Tsheehama of the Namibian fisheries and marine resources ministry said today that the season started on July 1 and will run until November 15. The hunters are expected to kill over 90 000 seals, including 85 000 pups. - The Times website

Namibians 'club seal journalists' - 17 July
Two journalists from the UK and South Africa are due in court after being allegedly attacked then arrested while filming seal hunters in Namibia. A group of hunters used clubs to hit Jim Wickens and South African cameraman Bart Smithers, according to the World Society for the Protection of Animals. They were then arrested by police and reportedly had their equipment seized. Namibia's annual seat hunt began on 1 July, with a quota of 85 000 animals due to be killed. - BBC News website

Rwanda

Genocide court jails Rwandan man - 14 July
A UN court has sentenced the former governor of the Rwandan capital, Kigali, to life in prison for his role in the 1994 genocide. The international court, which is based in Arusha, Tanzania, convicted Tharcisse Renzaho on five counts including genocide, rape and murder. Prosecutors said Renhazo played a central role in the mass killings. Some 800 000 people, most of them Tutsis, were killed by Hutu extremists during the genocide. - BBC News website
Keyphrase :
International Criminal Tribunal for Rwanda

Sierra Leone

Taylor to testify at Hague trial - 13 July
Charles Taylor, the former president of Liberia, is to take the stand for the first time at his war crimes trial in The Hague. He denies 11 charges at the Special Court for Sierra Leone, including terrorism, murder, rape and torture. He is expected to argue that he could not have micro-managed a rebel operation in Sierra Leone, while also running affairs of state in Liberia. - BBC News website

Mbeki sold me out, says Taylor - 15 July
Former Liberian president Charles Taylor began his defence against war crimes charges by accusing certain fellow African leaders of reneging on a deal that would have seen the charges quashed in return for his departure from power. He singled out former South African president Thabo Mbeki - at the time chairperson of the African Union - and former Nigerian president Olusegun Obasanjo - then chairing the Economic Community of West African States - for failing to do "everything in their power" to secure an immunity deal, as they had apparently undertaken to do. -
IOL website

Charles Taylor denounces war crimes trial as 'deception, deceit and lies' - 15 July
"Lies! Lies! And more lies!" Charles Taylor, the first African leader to be put in the dock for war crimes, roared his innocence yesterday in a bravura performance. -
Times Online website

Charles Taylor : we followed laws of war - 16 July
Former Liberian President Charles Taylor told a war crimes court today that he saw nothing wrong with displaying the skulls of slain fighters at roadblocks as his rebel forces swept into the country in a 1989 revolution. -
The Times website

Somalia

UN rights boss sees possible war crimes in Somalia - 10 July
The United Nations human rights chief said Friday both sides in Somalia's conflict are committing attacks and using torture against civilians, which may amount to war crimes. Islamist insurgents are executing civilians, planting mines and bombs in residential areas and using torture while their tribunals hand down death sentences by stoning and decapitation, UN High Commissioner for Human Rights Navi Pillay said. Pro-government forces are also said to have committed grave violations, including firing mortars on residential areas and using torture, she said in a statement. - Reuters website
Keyphrase :
International Criminal Court

Sudan

Sudan women 'lashed for trousers' - 13 July
A group of Sudanese women has been flogged as a punishment for dressing "indecently", according to a local journalist who was arrested with them. Lubna Ahmed al-Hussein, who says she is facing 40 lashes, said she and 12 other women wearing trousers were arrested in a restaurant in the capital, Khartoum. She told the BBC several of the women had pleaded guilty to the charges and had 10 lashes immediately. Khartoum, unlike South Sudan, is governed by Sharia law.  Several of those punished were from the mainly Christian and animist south, Ms Hussein said. Non-Muslims are not supposed to be subject to Islamic law, even in Khartoum and other parts of the mainly Muslim north. - BBC News website

Mbeki-led African panel backs Darfur warrants - 10 July
An African Union (AU) panel led by South Africa's former President Thabo Mbeki backed on Friday an international court's indictment of Sudanese officials including President Omar Hassan al-Bashir for war crimes. The panel's recommendation showed the differences around Africa over the indictment for crimes in the Darfur conflict. - Reuters website

AU panel dismiss false media reports - 12 July
The African Union High Level Panel on Darfur (AUPD) has dismissed media reports claiming former President Thabo Mbeki has called on the three Sudanese personalities, including President Omer Hassan Al-Bashir to present themselves before the International Criminal Court to stand trial. Mr Mbeki is the chairperson of AUPD. "This report is completely false and highly irresponsible. No member of the Panel has made any such pronouncement. "Indeed, no member of the Panel could make any such pronouncement as the Panel has not yet completed its work," AUPD spokesperson Barney Afako said. -
BuaNews Online website

Ignoring ICC warrant is 'unconstitutional' - 12 July
South African non-governmental organisations are on a collision course with government after the decision of the African Union not to co-operate with the International Criminal Court over the arrest of Sudanese president Omar al-Bashir. The organisations - including the Centre for Applied Legal Studies, the International Centre for Transitional Justice, the Khulumani Support Group and Lawyers for Human Rights -will petition President Jacob Zuma and his government to take a stand against the AU’s position. The ICC has issued a warrant for al-Bashir to be detained and arrested over war crimes in Darfur. - The Times website

South Africa NGO's may challenge AU ICC decision before court - 12 July
A number of South African human right groups and non-governmental organizations challenged Pretoria’s endorsement of a resolution by the African Union (AU) asking its ICC members not to cooperate with the court in the extradition of Sudanese president Omer Hassan Al-Bashir. The AU criticized the warrant saying it imperils peace efforts in the region. It was reported that the resolution was adopted by consensus but the Vice president and foreign minister of Botswana said that the issue was not properly debated and member countries were forced to accept it under pressure from Libya which chairs the pan-African body. -
Sudan Tribune website

ICC prosecutor asks Uganda to arrest Sudanese President - 13 July
The Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo on Monday said it is the legal obligation of Uganda to arrest Sudanese President Omar al-Bashir when he visits the East African country. Ocampo, flanked by Okello Oryem, Uganda's Minister of State for International Affairs, told reporters here that Uganda should follow other African countries like South Africa which have warned that Bashir risks arrest if he visits them. -
Xinhua News Agency website

Swaziland

Finally : Dumisa gets his farms back in SA - 12 July
In a matter that has taken over a decade to settle, South Africa based businessman Dumisa Dlamini can now reclaim his status of being a tycoon and can now smile all the way to his farms and hotels. Dlamini has recovered his E600 million worth of farms and hotel properties. Through this move, Dlamini has outwitted the banks and all other institutions that pulled him down in a boardroom wrangle that resulted in him losing his properties. Even though Dlamini is a happy man now, he still has a mountain to climb in trying to evict all the people who bought his farms and hotels. - Times of Swaziland website

See also :
I'm coming to get my property back! - 2 November
Times of Swaziland
website
[InfoUpdate 30 of 2008]

Zimbabwe

Zimbabwe constitution step closer - 13 July
Zimbabwe is expected to take another step towards the drafting of a new constitution. Several thousand politicians and civic leaders are to attend a Stakeholders' Conference in Harare. After a public consultation, the new constitution will be put to a referendum, according to the country's power-sharing agreement. - BBC News website

Zimbabwe to review ownership law to seek investment - 10 July
Zimbabwe will review laws forcing foreign companies to sell stakes in their businesses in a bid to make sure they do not discourage investment needed for mines and other industries, the mining minister said on Friday. Under indigenisation laws, foreign companies cannot hold more than 49% of a business and must sell any stake above that to Zimbabweans. The government is also able to seize 25% of shares in some mines without paying. - Creamer Media's Mining Weekly website

Zimbabwe : not all farms will be taken - 9 July
Zimbabwe's President Robert Mugabe on Thursday said some white farmers would be spared under his controversial land reforms and urged Britain to compensate owners of property seized for redistribution. "It's not every white farm which will be taken. Not necessarily," Mugabe said in reply to the leader of the predominantly-white Commercial Farmers Union (CFU) at a conference to lure investors. - Moneyweb website

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