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22 February 2017 Legal News Watch

South Africa

'Workplace' extends company-wide – ConCourt ruling

In a ruling reaffirming the principle of ‘majoritarianism’, the Constituional Court said yesterday the collective agreement between the Chamber of Mines and the majority trade unions in the gold mining sector was also binding on members of the Association of ... Read More

SABC's Gupta-linked deal under parliamentary scrutiny

The SABC’s relationship with ANN7, the Gupta-owned TV station, has come under intense scrutiny in Parliament, with evidence surfacing that the cash-strapped public broadcaster paid up to R1m for an episode of the TNA/Morning Live breakfast shows, says ... Read More

Policy Watch

Policy: Bank collusion exposé not politically motivated

The timing of the Competition Commission’s announcement of alleged collusive activity on the part of 17 banks was not politically motivated, according to commissioner Tembinkosi Bonakele (Fin24). Briefing members of the National Assembly’s Economic Development Committee yesterday, Bonakele ... Read More

Legislation: Changes mooted for pension fund regulations

Comment is sought by 31 March on proposed amendments to the pension funds regulations setting out the conditions for investments in hedge funds, reports Legalbrief Policy Watch.  Posted on the Financial Services Board website, the proposals have implications for the ... Read More

In Court

Couple accused of killing toddler kept in jail

A man accused of killing a three-year-old child by bathing him in boiling hot water‚ heard he would be spending more time behind bars, says a TimesLIVE report. The man (36) and his partner (28)‚ who is the deceased boy ... Read More

Today's Analysis

Humourists take stand against hate speech Bill

A coalition of some of SA’s best comedians and satirists has taken a stand against the draft Prevention and Combating of Hate Crimes and Hate Speech Bill and filed submissions arguing that its hate speech provisions are unconstitutional, notes ... Read More


Nigeria Bill tackles polygamy problem

A Bill aimed at tackling polygamy and forced or underage marriages will be tabled in northern Nigeria. ‘The law will set up what Islam says about the minimum age of marriage. It will outlaw forced marriages. It will put in ... Read More

Outrage over DRC massacre footage grows

The US and France have called on the DRC to investigate a video purporting to show soldiers massacring between 50 and 100 unarmed civilians in the violence-wracked centre of the country. As previously reported in Legalbrief Today, the footage shows ... Read More

Kenya MPs cleared of inciting violence

A Magistrate's Court has acquitted Kenyan MPs Moses Kuria and Ferdinand Waititu of incitement to commit violence. The Nation reports that the suspects were among a group of Jubilee politicians arrested and detained last year on allegations of committing ... Read More


Cambodia court gets power to dissolve parties

A new law passed this week by Cambodia's Parliament gives the Supreme Court the power to dissolve any political parties it finds unconstitutional. A Jurist report notes that this law is seen as an attempt by Cambodian Premier Hun ... Read More

Civil partnerships for opposite-sex couples on hold

A campaign aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the Court of Appeal, equal rights supporters have claimed, according to a report in The Guardian. By a narrow two-to-one ... Read More

Shared parental leave rules to be amended

The UK Bar Council has backed proposals by the regulator to amend rules on shared parental leave, claiming this could encourage more women to stay at the Bar. According to a Law Gazette report, in a consultation response submitted this ... Read More

Today's Briefs

* Mnquma municipal manager Sindile Tantsi was released on R40 000 bail by the Butterworth Magistrate’s Court yesterday. Tantsi and Butterworth businessman Sive Nombembe face charges of fraud, corruption and money laundering. Nombembe was released on R35 000 bail after ... Read More

* The son of former SABC board member and journalist Hope Zinde, accused of her murder, will go on trial at the Gauteng High Court (Pretoria) on 12 June. Mark Warona Zinde (23) appeared briefly in the Brits Regional Court yesterday. Read More

* The trial of 10 SAPS clerks and a businessman accused of defrauding the Hawks of more than R500 000 linked to preparations for former President Nelson Mandela’s funeral has been postponed in the Zwelitsha Magistrate’s Court to 30 ... Read More

* Months after well-known criminal lawyer Noorudien Hassan was gunned down outside his Crawford, Cape Town, home in November, police are no closer to making arrests. Hassan was linked to high-profile gang-related and other criminal cases. Read More

Latest Judgments Online

Association of Mineworkers and

Association of Mineworkers and Construction Union and Others v Chamber of Mines of SA and Others (CCT 87/16) [2017] ZACC 3 Section 23(1)(d) of the Labour Relations Act – collective agreement between the Chamber of Mines and unions ... Read More