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19 March 2024 Legal News Watch

South Africa


Maumela's conduct embarrassed me – Mlambo

Judge President Dunstan Mlambo yesterday testified that the ‘gross incompetence’ of Gauteng High Court (Pretoria) Judge Tshifhiwa Maumela embarrassed him because it led to a general distrust of the justice system. A GroundUp report says giving evidence at the JSC’s ... Read More

LSSA rebukes council over JSC nomination process

The Law Society of SA (LSSA) says it is astonished at the Legal Practice Council (LPC) notice issued on 15 March inviting submissions or proposals on the JSC nomination process. It noted that the council is exceeding its mandate by ... Read More

HSF opposes ZEP ConCourt appeal bid

The Helen Suzman Foundation (HSF) has gone to court to oppose a bid by Home Affairs Minister Aaron Motsoaledi to appeal against a ruling that he may not terminate the Zimbabwean Exemption Permit (ZEP) programme, reports GroundUp. The foundation has ... Read More

Policy Watch


Tourism: Minister addresses 'undesirable' visitors

Home Affairs Minister Aaron Motsoaledi has moved to clarify how tourists who have overstayed their visas are declared ‘undesirable’, reports Wyndham Hartley. He told a news briefing that it was important for him to outline this whole concept of declaring people ... Read More

Case Law Briefs


Lloyds v Minister of Safety & Security

Gauteng High Court (Pretoria): Underwriters at Lloyds of London v Minister of Safety & Security Judgment: 4 March 2024 Keywords: Vicarious liability – robbery by policemen – underwriter of cash safekeeping company claims on basis of subrogation – conduct was ... Read More

Marks & Honiball v Mirror Trading International

Western Cape High Court (Cape Town): Marks & Honiball v Mirror Trading Int (MTI), Master of the High Court, SARS, Bester & 5 Others Judgment: 13 March 2024 Keywords: Application for removal of liquidators – fiduciary duties – best interests ... Read More

In Court


Hitman testifies in Modack trial

A self-confessed hitman has taken the stand in the Western Cape High Court against his former friends in the ongoing trial against alleged underworld kingpin, Nafiz Modack. A Cape Argus report says after weeks of delays, the state yesterday began ... Read More

State 'skating on thin ice' – AKA murder accused

One of the men accused of killing rapper Kiernan ‘AKA’ Forbes claims his siblings fled to eSwatini because six other siblings were killed by the National Intervention Unit (NIU) probing taxi wars in Durban and they feared for their lives ... Read More

Former employee cleared to work for competitor

A Johannesburg outdoor advertising company has lost its urgent court application to have a former employee barred from keeping the job he has taken up with a competitor. TimesLIVE reports that the conflict was over the employment status of Terrance ... Read More

Today's Analyses


IEC has proved its worth

The Electoral Commission of SA (IEC) is not beyond criticism; it sometimes makes mistakes, and – when it does – it must be held accountable. ‘It operates under very difficult and challenging circumstances, which in recent times have been compounded ... Read More

Hydrogen not the elixir for fossil fuel replacement

‘Despite being the universe’s most abundant element, pure hydrogen is difficult to source and contain, making its journey towards being the ubiquitous fuel bumpy at best.’ So say Herbert Smith Freehills’ Lewis McDonald and Ernst Muller, noting the sheer ... Read More

A Matter of Justice


Law anomaly could lower sentence for rapist grandson

The High Court has sent the case of a Malawian teenager, charged with raping his 89-year-old grandmother, back to the Magistrate’s Court because the court had wrongly prosecuted a case of rape instead of incest. If convicted in a re-trial ... Read More

Africa


Namibian couple rearrested in Ponzi case

A couple alleged to have been involved in an illegal investment scheme in which depositors placed more than N$160m ($8.5m) have been rearrested, after a Windhoek magistrate declared their initial arrest last week unlawful and ordered their release ... Read More

Niger’s junta ends military agreement with US

Niger's junta has ended a military agreement that allowed US personnel to be deployed in the country. This weekend’s announcement followed a visit by a US delegation in Niamey. Washington used its base in Niger to monitor regional jihadist ... Read More

DRC lifts death-penalty moratorium

The DRC has resolved to lift a 21-year moratorium on death penalty executions as part of measures to stop its citizens, and serving military and police, from working with M23 rebels in the eastern part of the country. During the ... Read More

World


Rule of law 'declining' across the EU – study

The rule of law is declining across the EU as governments continue to weaken legal and democratic checks and balances, a leading civil liberties network has said, highlighting in particular a sharp rise in restrictions on the right to protest ... Read More

Case management costs 'recoverable' – judge

Claimant lawyers will breathe a sigh of relief after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered. A Law Gazette report notes that, in Hadley v Przybylo, Judge Coulson ruled ... Read More

Today's Briefs


Latest accused in Joshlin Smith case appears in court

* Lourencia ‘Renz’ Lombaard briefly appeared in the Vredenburg Magistrate's Court yesterday on charges of kidnapping and human trafficking in connection with the disappearance of six-year-old Joshlin Smith. Although prosecutor Jacques van Wyk said Lombaard had confessed, there was no ... Read More

SA withdraws from Africa Games

* Concerns about injuries due to the state of the pitch prompted Team SA management at the Africa Games in Accra to take the unusual step of withdrawing its teams from the hockey competition. Team SA said the surface of the ... Read More

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