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18 October 2021 Legal News Watch

South Africa

Rape judgment whips up whirlwind of debate

The recent High Court (Makhanda) judgment dealing with a matter in which appeal judges ruled in favour of an applicant in a rape matter, deciding that the heavy foreplay that preceded penetrative sex convinced the applicant that consent had been ... Read More

Premier calls in big guns to fight PP’s report

Eastern Cape Premier Oscar Mabuyane has hired big legal guns in his court bid to fight the Public Protector’s report against him. A Daily Dispatch report says on Friday, Mabuyane – represented by top Advocates Tembeka Ngcukaitobi SC and Apla ... Read More

SCA loss by Spur surprises legal fraternity

Restaurant group Spur has lost a long-running tax battle at the SCA in a judgment that has shocked senior lawyers, with Spur still seeking legal advice on whether it should approach the Constitutional Court. Speaking in light of this judgment ... Read More

Policy Watch

Justice: Changes to Popia regulations out for comment

The Information Regulator has finally released proposed amendments to the 2018 protection of personal information regulations and extended the deadline for comment. The 9 September Government Gazette notice calling for input referred to a document that never materialised. Apparently, a ... Read More

Economy: Sustainability finance paper published

National Treasury has published an updated version of its May 2020 draft technical paper, Financing a Sustainable Economy. Expanding on ‘beyond climate risk’ proposals in the draft paper, the revised version addresses ‘broader sustainability’ and social issues, proposing ‘a more ... Read More

Covid-19 crisis: Sport, arts, culture directive amended

More amendments have been made to last year’s ministerial directive on measures intended to curb the spread of Covid-19 in the sport, arts and culture sector. Gazetted on Friday, among other things they confirm that limited numbers of spectators are ... Read More

Labour: Compensation Fund regulations withdrawn

The Department of Employment & Labour has withdrawn its controversial new regulations on the bank account verification system for occupational injury and disease claim payments. Gazetted on 10 September, they sparked a ‘battle’ between medical service providers and the Compensation ... Read More

General: Two new frameworks on disability needs, rights

The needs and rights of persons with disabilities are the focus of two national strategic frameworks gazetted on Friday. Intended to guide private and public sector stakeholders in their efforts to comply with the existing legislation, one framework deals with ... Read More

In Court

Police officers jailed for death in detention

The Gauteng High Court (Pretoria) has sentenced four police officers to 15 years' imprisonment each for the murder of Phikolomzi Tsatsi. The accused – Vusumuzi Mtshali, Simphiwe Lydia Kubheka, Themba Kunene and Khayelihle Gumede – were also handed six-year sentences ... Read More

State evidence inadmissable, Modack's counsel argues

The defence in the Nafiz Modack case is calling for the state's texts, voice notes and video submitted during the bail application, to be declared inadmissable and struck from the record. News24 notes that Modack's lawyer, Danie Dorfling ... Read More

'Alleged killers used muti before murders'

Witness John Magutshwa revealed how the accused in the murders of a teenage girl living with albinism and her 15-month-old cousin, steamed using muti before the killings. Magutshwa was on the stand for the second day in the Mpumalanga High ... Read More

Today's Analyses

Imposed Mining Charter inhibits investor confidence

‘Investor confidence is not boosted by high-profile investment colloquia hosted by government, where ambitious promises are made but no concrete action follows. A mining charter which is agreed by both government and the industry would therefore have a positive influence ... Read More

Public Procurement Bill holdup not encouraging

The SIU told Parliament recently that government expenditure related to Covid-19 from April 2020 to June 2021 totalled R138.8bn, of which R14.8bn was being investigated for procurement irregularities – not including the Digital Vibes saga. ‘So when the ... Read More


Zambia open to talks on scrapping death penalty

Justice Minister Mulambo Haimbe has called on various stakeholders to engage the government on calls to abolish the death penalty. In a Lusaka Times report, Haimbe said the 'new dawn administration' maintained an open-door policy on debates to abolish the ... Read More

Italian captain sentenced over migrant debacle

A captain who handed 101 migrants over to the Libyan coastguard after rescuing them in the Mediterranean has been given a one-year jail term, in the first such case heard by Italy’s courts. A report on the News24 site notes ... Read More


SA mother to plead not guilty to children's murder

A South African woman accused of murdering her children in New Zealand will plead not guilty, the High Court in Christchurch has reportedly heard. According to New Zealand publication Stuff, Pretoria doctor Lauren Anne Dickason intends to plead not guilty ... Read More

Wasted costs order against Baker McKenzie dismissed

A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents. According to a Law Gazette report, in Lakatamia Shipping Co Ltd v Su & Ors, Justice ... Read More

Today's Briefs

‘Wealthy’ brothers charged with armed robbery

* ‘Wealthy’ Durban brothers Yaseen and Ridwaan Walljee, do not fit the typical profile of armed robbers, but police believe the pair are behind a spate of armed robberies. On Friday, they appeared in the Durban Magistrate's Court, on two ... Read More

Sassa officials implicated in R5.7m fraud get bail

* Four SA Social Security Agency officials in the Eastern Cape were each granted R2 000 bail in the Specialised Commercial Crimes Court in Gqeberha on Friday. Senior administrator Philani Kwatsha, Vunyiwe Toto, Mziwamidida Ngqoqo, and Zuvukile Qaleta appeared in connection ... Read More

Soldier’s accused of murder denied bail

* The Nkomazi Magistrate's Court in Mpumalanga has denied bail for murder suspect Welcome Sambo, a SANDF member. Sambo , who appeared in court on Friday, is accused of shooting dead his girlfriend Wandile Lucia while she was at work at ... Read More

Conman found guilty of fraud

* A conman was found guilty of fraud in the Gqeberha Regional Court after he swindled a woman out of R350 000. In November 2017, Raydson Lehlogonolo Ntsala hacked the victim’s computer and sent an e-mail purporting to be her broker ... Read More

Transnet declares force majeure

* Transnet on Friday declared a force majeure at its Richards Bay Bulk Terminal, following a fire that broke out at the port on Wednesday. It did not say whether or to what extent exports of commodities such as coal, steel ... Read More

Six months for scrap metal dealers

* KZN scrap metal dealer Albert Ngcameni (33) has been jailed by Scottburgh Regional Court for six months – with an option of paying a R30 000 – after the Hawks recovered stolen cellphone tower batteries in his shop. His accomplice ... Read More

Alleged fraudster arrested

* A 35-year-old man was arrested in Johannesburg on Friday for allegedly defrauding unsuspecting investors of more than R7m between 2017 and 2019. ‘The suspect rented an office in Sandton under the Goldmine Stock Market Traders (Pty) Ltd, promising a 100 ... Read More

Law graduate crowned Miss SA

* Miss South Africa 2021 is Lalela Mswane, a 24-year-old KZN model who holds a Bachelor of Law qualification from the University of Pretoria. ‘I don't even know where to start. My heart is filled with so much gratitude. I ... Read More

Suspected killer in court today

* A man who allegedly admitted to raping and then killing his 70-year-old mother is expected to appear in the Coligny magistrate's court today. North West police said Petrus Moswea (25) was remanded during his first court appearance on Wednesday ... Read More

Somalian father addresses MP's killing

* The Somalian father of a man suspected of killing the British MP, Sir David Amess, says he has been traumatised by his son's arrest. Harbi Ali Kullane, said he couldn’t believe Ali Harbi Ali (25) was capable could do ... Read More

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