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21 May 2022 Legal News Watch

South Africa

Mkhwebane 'victim' claim doesn't wash – DA

Counsel for the DA, pointing out that the Public Protector is engaged in the long game to avoid impeachment, has rejected Busisiwe Mkhwebane’s claim that she is being victimised ‘by the most powerful forces in the country ever to be ... Read More

Mantashe threatens to revoke mining rights

Minister of Mineral Resources & Energy Gwede Mantashe has suggested his department could revoke Sibanye-Stillwater’s mining rights at its gold mines as a strike marks its 10th week with no sign of a settlement in sight. Following the Minister’s budget ... Read More

AfriForum seeks to scrap driving licence renewals

AfriForum has launched a legal bid to have the five-year renewal of drivers’ licences scrapped. News24 reports that it filed papers in the Gauteng High Court (Pretoria) yesterday. AfriForum campaign officer Reiner Duvenage said the legal bid comes on the back ... Read More

Policy Watch

Trade: Russia-Ukraine conflict brings instability to agriculture

The Russia-Ukraine conflict has the potential to scupper SA’s growth in the key agriculture sector, Agriculture, Land Reform & Rural Development Minister Thoko Didiza has told Parliament, reports Wyndham Hartley.  She said the agricultural sector has been experiencing economic growth ... Read More

Environmental: Minister extends time for mine rehabilitation

Owners of disused and unrehabilitated mines have been granted a 15-month stay by Forestry, Fisheries & Environment Minister Barbara Creecy, reports Wyndham Hartley.  Creecy announced, in a statement, that ‘as part of the “One Environmental System”, the requirements for ... Read More

Media: Minister says more TV channels on the way

Communications & Digital Technology Minister Khumbudzo Ntshaveni  has said given the current ‘onerous and burdensome requirements’ on local broadcasters, new entrants (local) in the broadcasting sector and restrictions on the community media that renders local broadcasting players uncompetitive, her department ... Read More

Case Law Briefs

Moyo v Old Mutual (Contempt, delinquent directors)

Gauteng High Court (Johannesburg): Moyo v Old Mutual Ltd and Others Judgment: 16 May 2022 Keywords: Practice and Procedure – Companies Act 71 of 2008 (Companies Act), ss 162(5)(c) Summary: Mr Moyo had launched a contempt application against Old Mutual ... Read More

Blackspear Holdings v Bryte Insurance

Gauteng High Court (Johannesburg): Blackspear Holdings (Pty) Ltd v Bryte Insurance Company Ltd and Another Judgment: 16 May 2022 Summary: Thutsi Mining (Pty) Ltd had mined a colliery in which earthmoving equipment of Blackspear Holdings (Pty) Ltd was situated. Blackspear had leased ... Read More

Professor Meel v Life St Mary's Hospital (Shifren principle)

Eastern Cape High Court (Mthatha): Professor Meel and Others v Life St Mary's Private Hospital Judgment: 12 May 2022 Keywords: Contract and evidence – Shifren principle Summary: Professor Meel and four other doctors and shareholders (doctor-shareholders) of St Mary’s Private Hospital (Pty ... Read More

In Court

Alleged Woolworths looter pleads poverty

The Mercedes-Benz driver who went viral on social media after being captured on video footage allegedly looting a Durban Woolworths store during last year's July unrest says he is ‘broke’. Mbuso Moloi appeared in the Durban Magistrate’s Court yesterday ... Read More

Today's Analyses

Ruling a warning against business rescue abuse

The recent judgment of the Gauteng High Court (Pretoria) in Commissioner for SARS v Louis Pasteur Investments (Pty) & Others highlights issues relevant to the abuse of the business rescue procedure. The business rescue practitioner (BRP) was taken to task ... Read More

Muslim Marriages Bill will address inequalities

Muslim marriages in SA (both monogamous and polygamous) are still not recognised in terms of the law. This leaves Muslim women vulnerable in cases of divorce or the intestate death of a spouse, because their marriage is not fully legally ... Read More


Lesotho judge rules for Shaun Abrahams against CJ

Lesotho’s highest court has overturned a scathing ruling by the country’s Chief Justice barring former SA NDPP Shaun Abrahams from appearing in a high-profile treason case. EWN reports that the case involves charges of treason, murder, attempted murder and assault ... Read More

Genocide fugitive confirmed dead

A UN tribunal has announced the death of another Rwandan genocide fugitive, who was among the last five suspects still at large. The UN's Residual Mechanism of International Criminal Tribunals on Wednesday said it had established that Phénéas Munyarugarama ... Read More

Botswana plans to implement more import bans

Botswana’s long-term ban on vegetables from SA and other import nations is here to stay, the country’s Ministry of Agriculture has said. The ban will be reviewed every other year, but this will only be to add more commodities to ... Read More


'Natasha's Law' inspires new food safety trial

The parents of a teenager who died from an allergic reaction to a Pret baguette have set up a ground-breaking trial with the aim of ‘making food allergies history’. A report in The Independent notes that Tanya and Nadim Ednan-Laperouse ... Read More

Belgium refuses to extradite outspoken Spanish rapper

The Ghent Court of Appeal this week refused to extradite Spanish rapper José Miguel Arenas Beltrán to Spain. A Jurist report notes that Arenas, known by his stage name Valtònyc, was due to serve a three-and-a-half year prison sentence for ... Read More

NYC court mulls matter of elephant 'personhood'

Can an Asian elephant be considered a person? A report in The Guardian notes that this question was put before New York’s highest court this week in a closely watched case over whether a basic human right can be extended ... Read More

Today's Briefs

Musk denies sex abuse claims

* Elon Musk's SpaceX allegedly paid $250 000 to one of the company's corporate flight attendants, who accused the tech mogul of exposing himself to her and propositioning her for sex, a report has claimed. The woman, who has ... Read More

Stellenbosch student to face rape charge

* A Stellenbosch University student (18) made his first appearance in the Stellenbosch Magistrate’s Court yesterday in connection with the alleged rape of a fellow student (19) on campus. The court set his bail at R1000 with conditions that he must ... Read More

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