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17 August 2022 Legal News Watch

South Africa

SCA grapples with Zuma 'terminal illness' issue

Whether Jacob Zuma is in fact terminally ill and whether his ally and former Correctional Services head Arthur Fraser exercised powers he did not have in law when he summarily dismissed a recommendation by the Medical Parole Advisory Board that ... Read More

Marikana survivors a step nearer Ramaphosa hearing

The Gauteng High Court (Johannesburg) has moved a step closer to hearing the claim against President Cyril Ramaphosa by the 349 surviving Marikana mine workers. The group of workers, some injured and later arrested for the murder of their own ... Read More

Policy Watch

Legislation: Trespass Act to be replaced

The more than 60-year-old Trespass Act has been identified as a piece of apartheid era legislation and is to be repealed and replaced, writes Wyndham Hartley.  The Department of Justice & Constitutional Development has invited interested parties to submit written comments ... Read More

General: Defence Minister in Russia for conference

Minister of Defence & Military Veterans, Thandi Modise is scheduled to have a bilateral meeting with the Russian Minister of Defence, General Shoigu, on the margins of the 10th Moscow Conference on International Security, reports Wyndham Hartley.  SA and ... Read More

Case Law Briefs

Jai Hind v Engen (Exceptionality)

Gauteng High Court (Johannesburg): Jai Hind EMCC CC v Engen Petroleum Ltd SA In Re: Engen Petroleum v Jai Hind Judgment: 4 August 2022 Keywords: Judgments and orders – S 18(4) appeal – Superior Courts Act, 10 of 2013 (SCA), ss ... Read More

Tswelopele Local Municipality v HT Pelatona Projects (Tender)

Free State High Court (Bloemfontein): Tswelopele Local Municipality v HT Pelatona Projects (Pty) Ltd Judgment: 3 August 2022 Keywords: Court orders – Suspension of interim interdict by application for leave to appeal – Superior Courts Act, 10 of 2013 (SCA), s18 Summary: Following ... Read More

In Court

Policeman charged for allegedly inciting July rioting

Public Order policeman Menzi Blose was one of four people who appeared briefly in the Durban Magistrate's Court yesterday as part of an operation targeting alleged instigators of the July 2021 riots, reports TimesLIVE. Blose, who is based at ... Read More

NPA ordered to amend indictment against ex-DPP

The Gauteng High Court (Pretoria) has ordered the NPA to amend its indictment in the corruption case against former acting DPP in Mpumalanga Matric Luphondo after finding the charges were vague and ambiguous. News24 reports that while the trial against ... Read More

Mihalik murder suspect not injured in custody – police

The credibility of a warning statement recorded by slain Anti-Gang Unit detective Charl Kinnear, when he interviewed an accused in the murder of Advocate Pete Mihalik, came under the spotlight in the Western Cape High Court trial of Mihalik’s alleged killers. A ... Read More

Today's Analyses

A 'grave mistake' for Mogoeng to enter politics

‘Most announcements of a candidate running for President are made in front of television cameras and bright lights, with as much fanfare as possible. In a surprising move, retired Chief Justice Mogoeng Mogoeng’s presidential run was announced in a two-minute ... Read More

Cele’s ‘irregular’ conduct must be stopped

‘South Africans could be forgiven for thinking that Minister of Police Bheki Cele is the National SAPS Commissioner. He hogs the limelight when there are massacres, and arranges patrols, overshadowing the commissioner whose job he has usurped. Minister Cele – ... Read More

A Matter of Justice

Lesotho elections quandary after ConCourt ruling

Lesotho’s 7 October election date suddenly appears at risk. The date was announced by the country’s Independent Electoral Commission in July, but a new decision of the Constitutional Court has found that the delimitation of 20 constituencies doesn’t pass constitutional ... Read More


William Ruto declared Kenya President-elect

After an afternoon marked by delays and tensions, including a split in the Kenyan electoral commission, Deputy President William Ruto has been declared the winner of the Kenya presidential election. BBC News reports that he narrowly beat his rival, Raila ... Read More

Tanzania tightens laws against rising child abuse

Tanzania is taking steps to tighten laws protecting children following a rise in incidents of child abuse, The East African reports. Officials say they will tighten penalties in the Child Act to enforce legal provisions that would protect Tanzanian children ... Read More

Liberia removes gender bias in nationality law

The UN refugee agency, UNHCR, praised Liberia for removing gender discrimination from its nationality law, granting women the same right as men to pass their nationality to their children. A Voice of America report says Liberian President George Weah amended ... Read More


Australian PM probes predecessor's secret roles

The Australian Prime Minister, Anthony Albanese, is seeking legal advice over reports his predecessor, Scott Morrison, was secretly sworn into three Ministry positions while in government, accusing Morrison of ‘running a shadow government’. According to a report in The Guardian ... Read More

J&J to halt sales of baby powder products

Johnson & Johnson (J&J) said it plans to stop selling its legacy talc-based baby-powder products globally in 2023, a move that comes amid continued legal battles and years after the company discontinued the product in the US and Canada. According ... Read More

Cryptocurrency developers' duty of care appealed

The question of whether developers of cryptocurrencies and other blockchain-based assets owe a duty of care to investors in their products is to be examined in the UK Court of Appeal. A Law Gazette report notes that ruling last week ... Read More

Today's Briefs

SABC settles with sacked head of news

* The SABC has reached an out-of-court settlement with its former head of news, Phathiswa Magopeni, who was axed in January after a disciplinary process over a breakdown of trust in their relationship. An internal disciplinary hearing in December found her ... Read More

Sassa concerned about new scam

* Yesterday, Sassa in KZN said that it was concerned by the increasing number of scam messages on social media purporting to be selling Sassa cards. In July, Sassa urged social grant recipients to be wary of fake people purporting to ... Read More

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