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21 August 2017 Legal News Watch

South Africa

Pretoria replicates al-Bashir debacle

For the second time in as many years, the SA Government has stunned – and outraged – the global community with its handling of a diplomatic bombshell. When Sudanese President Omar al-Bashir visited Sandton for an AU summit in defiance of an ... Read More

Gigaba will not appeal Gordhan ruling

Finance Minister Malusi Gigaba will not appeal the Gauteng High Court (Pretoria) ruling dismissing an application lodged his predecessor, Pravin Gordhan, for a declaratory order involving the banks and Gupta-owned Oakbay. According to a BusinessLIVE report, Gigaba said he respected ... Read More

Court gives go-ahead for rhino horn auction

The Gauteng High Court (Pretoria) yesterday gave the go-ahead for an online auction of rhino horns that has outraged conservationists, notes a report in The Citizen. SA authorities had moved to ban the three-day auction which they feared would undermine ... Read More

Policy Watch

Legislation: No stability without Mining Charter – Minister

According to Mineral Resources Minister Mosebenzi Zwane, there will be no stability in SA until mining sector transformation plays its part in ensuring a ‘meaningful role’ for ‘all South Africans’ in the broader economy – uplifting the millions ‘still living in ... Read More

Legislation: Parliamentary hearings on tax Bills next week

Parliamentary hearings on the 2017 draft Taxation Laws Administration Bill (TLAB) and draft Tax Administration Laws Amendment Bill (TALAB) are scheduled to take place on 29 August, in anticipation of which the National Assembly’s Standing Committee on Finance is ... Read More

Legislation: Reworked Copyright Bill to be more focused?

While a ‘B’ version of the Copyright Amendment Bill – if more professionally drafted – may well address the numerous technical shortcomings of its predecessor, it remains to be seen whether the National Assembly Trade and Industry Committee team tasked with overseeing ... Read More

In Court

Zunaid Moti remains on Interpol’s wanted list

Business tycoon Zunaid Moti was dealt a blow on Friday in the Gauteng High Court (Pretoria) and remains listed as an international fugitive. A TimesLIVE report says Moti – along with his father‚ Abbas Aboo Baker Moti‚ and their business associates ... Read More

Magistrate refuses recusal in O'Sullivan trial

One of the criminal trials against forensic investigator Paul O'Sullivan was interrupted on Friday by an application for the magistrate to recuse herself because she is allegedly the aunt of President Jacob Zuma's son, Edward Zuma. According to ... Read More

No racism charges for KFC assault accused

Was the alleged assault by five white men on a black couple at a KFC in Pretoria earlier this month racially motivated? A News24 report says that's what the Pretoria North Magistrate's Court will have to determine after ... Read More

Today's Analysis

A boost to medicinal access for all

The draft Intellectual Property Policy – released for public comment – represents the state’s first serious attempt in 20 years to put an end to the unjustifiable support of multinational commercial interests that compromise the health and wellbeing of all its ... Read More


Cairo under fire for blocking critical websites

Egypt has blocked Internet access to the website of an international media watchdog that provides support for journalists and champions media freedoms. Reporters Without Borders, also known under its French acronym RSF, said users in Egypt have been unable to ... Read More

Isis militants linked to Kenyan beheadings

Kenyan officials say suspected Islamic militants have beheaded three people and burnt houses in an attack along the Indian Ocean coast. The Independent reports that Lamu County Commissioner Gilbert Kitiyo said gunmen believed to al-Shabaab militants attacked Maleli village near ... Read More

Libyan forces confirm detention of senior commander

The forces of Libyan military strongman Khalifa Haftar on Friday said they had detained a senior commander two weeks before the International Criminal Court (ICC) issued a warrant for his arrest over unlawful killings in the flashpoint city of Benghazi ... Read More


CIA Afghanistan torture lawsuit settled

A settlement in a lawsuit against two psychologists who were paid tens of millions of dollars to design torture techniques used by the CIA in black-site prisons was announced last week. The terms of the settlement were undisclosed. According to ... Read More

New survey highlights UK prosecution failings

Criminal defence solicitors in the UK have highlighted the full extent of prosecution disclosure ‘failures’ in a survey that attracted nearly 300 responses in the first 24 hours. A Law Gazette report notes that the Criminal Law Solicitors Association, which ... Read More

Northern Ireland High Court upholds gay marriage ban

Two landmark court challenges against the ban on same-sex marriage in Northern Ireland have been dismissed by the country’s High Court. A report in The Independent notes that, delivering his judgment, Justice O’Hara rejected both cases, insisting the ... Read More

Today's Briefs

* A Western Cape High Court judge has not yet been allocated to preside over the murder trial of millionaire businessman Jason Rohde, whose trial is set to start on 9 October. Rohde – the former CEO of Geffen International Realty Franchises ... Read More

* The case against Alfred Makinana – accused of murdering Khayelitsha community leader Mthunzi ‘Ras’ Zuma in May – has been postponed in the Khayelitsha Magistrates’ Court after the docket went missing. No date has been set for the next court appearance. Read More

Latest Judgments Online

Minister of Justice and Correc

Minister of Justice and Correctional Services v Walus (777/2016) [2017] ZASCA 99 (18 August 2017) Parole–application brought by respondent serving sentence of life incarceration for murder in terms of s 136(1) of the Correctional Services Act 111 ... Read More

Limpopo Legal Solutions v Vhem

Limpopo Legal Solutions v Vhembe District Municipality and Others [2017] (CCT 119/16) ZACC 30 Leave to appeal – voluntary association – legal standing – public interest – Biowatch principle – cost order – not urgent – leave granted. Read More