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

4 September 2009

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

 

InfoUpdate 19 of 2009
Useful Links
and Items of Interest 
 

Africa

Congo

SA decides not to host warlord Bemba - 16 August
The Hague, Netherlands : South Africa has turned down a request from the International Criminal Court (ICC) to host former Democratic Republic of Congo warlord Jean-Pierre Bemba Gombo, pending his trial for war crimes and crimes against humanity. The ICC's pre-trial chamber on Friday granted Bemba's application for a conditional release. - IOL website

Bemba denied bail by world court - 4 September
The International Criminal Court has ruled that former Democratic Republic of Congo vice-president Jean-Pierre Bemba will remain behind bars pending an appeal against a court order for his release. This lets South Africa off the hook for the time being. Bemba had asked for sanctuary here when the court offered him conditional bail. - Eye Witness News website

Critical issues in the Bemba confirmation decision
On 15 June 2009 the International Criminal Court (ICC) issued its third confirmation decision against Jean-Pierre Bemba Gombo, the former president of the rebel group Mouvement de Libération du Congo and commander-in-chief of its military wing, the Armée de Libération du Congo. The decision constitutes a further consolidation of the ICC case law and breaks new ground in some important areas, particularly the law of crimes against humanity and command responsibility. These issues are discussed and analysed in this commentary, published in the Leiden Journal of International Law. - Article by Kai Ambos on the Cambridge University Press website

Tintin 'to be sued' for Congo book - 1 September
A Congolese accountant is to launch a lawsuit in France against Tintin for racism, accusing judges in the cartoon hero's native Belgium of trying to bury his case to protect a "national symbol". Bienvenu Mbutu Mondondo, 41, is taking legal action claiming Herge's controversial Tintin In The Congo is propaganda for colonialism and amounts to "racism and xenophobia".  Mr Mbutu Mondondo launched a case in Belgium two years ago for symbolic damages of one euro from Tintin's Belgian publishers Moulinsart, and demanded the book be withdrawn from the market. - Telegraph website

Ethiopia

Eritrea to pay Ethiopia millions - 18 August
An international tribunal in The Hague has ruled that Eritrea will have to pay Ethiopia millions of dollars in compensation for war damages. Both were ordered to pay each other damages for the 1998-2000 border war, but the verdict leaves Eritrea with $10m (£6m) more to pay. The ruling covers compensation for businesses and goods lost and villages destroyed during the bitter conflict. - BBC News website

Libya

Libya called for Switzerland to be abolished - 4 September
Col Muammar Gaddafi's Libya proposed a UN motion calling for the abolition of Switzerland after a dispute over the arrest of one of the president's sons, it has emerged. The Alpine country should be folded into France, Germany and Italy, according to the bizarre proposal. However, the motion never came before the council because it was dismissed as against the principals of the UN charter, a spokesman for the multi-national body said. - Telegraph website

Mali

Mali protest against women's law - 23 August
Tens of thousands of people in Mali's capital, Bamako, have been protesting against a new law which gives women equal rights in marriage. The law, passed earlier this month, also strengthens inheritance rights for women and children born out of wedlock. - BBC News website

Mali women's rights bill blocked - 27 August
The president of Mali has announced that he is not going to sign the country's new family law, instead returning it to parliament for review. Muslim groups have been protesting against the law, which gives greater rights to women, ever since parliament adopted it at the start of the month. President Amadou Toumani Toure said he was sending the law back for the sake of national unity. Muslim leaders have said the law is an attack on Islam and traditional values. - BBC News website

Nigeria

Nigeria oil rights grab 'illegal' - 20 August
Nigeria's high court has ruled that the government illegally revoked exploration licences granted to a South Korean oil consortium. The Korea National Oil Corporation (KNOC) had filed an action demanding the restoration of two offshore licences, granted in 2005. Nigeria called off the deal in January, alleging that the consortium failed to make agreed payments. But the court said that President Umaru Yar'Adua did not have such power. - BBC News website

Sudan

Sudanese woman spared whipping in trouser case - 7 September
A Sudanese woman journalist was on Monday spared a whipping for wearing trousers, but a court instead fined Lubna Ahmed al-Hussein 500 Sudanese pounds ($200). "I won't pay. I'd rather go to prison," Hussein told Agence France-Presse by telephone, though her lawyers said they would try to persuade her to pay up. Speaking as they emerged from the hearing which was barred to the press, witnesses said the court had ruled that Hussein be jailed for a month if she failed to pay the fine. - Mail & Guardian website

Sudan says Mbeki panel to recommend hybrid courts for Darfur crimes - 2 September
A commission established by the African Union (AU) this year to look into ways to resolve the Darfur conflict in Western Sudan will recommend homegrown justice mechanisms to look into war crime issues, Sudanese officials said. The panel headed by the former South African president Thabo Mbeki suggested a conference which would include the government and opposition as well as rebel groups, NGO’s and civilian administration in Darfur, the officials said. - Sudan Tribune website

Zambia

'Shopaholic' ex-president of Zambia cleared of corruption - 18 August
A court in Zambia yesterday acquitted the former president Frederick Chiluba of looting the treasury while in office in a decision greeted as a major setback to anti-corruption efforts across Africa. The surprise verdict confounded expectations of a historic first graft conviction for an African leader by the courts in his own country – a move that would have reverberated throughout the continent. - The Independent website

Zimbabwe

Mugabe pardons 1 500 prisoners to ease jail congestion - 3 September
Congestion in Zimbabwe's prisons is set to ease a bit after President Robert Mugabe acceded to pleas by prison authorities to pardon more than 1 500 prisoners. Mugabe granted the amnesty last month, but the Zimbabwe Prison Service is still identifying 1 544 prisoners to release. Zimbabwe's prisons are congested because the crime rate has escalated due to the country's economic collapse, prison officials have said. - CNN website

Zanu-PF shakes off SADC tribunal - 3 September
Zimbabwe has formally withdrawn from the jurisdiction of the Windhoek-based SADC tribunal. Justice Minister Patrick Chinamasa said the Harare government was no longer bound by the tribunal's rulings against grabbing white-owned farms. President Robert Mugabe and his henchmen have ridiculed the tribunal's rulings against their confiscation of white farms and the brutal thuggery of so-called war veterans. - Eye Witness News website

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