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30 November 2021 Legal News Watch

South Africa

Ex-ConCourt justices join battle against Hlophe

Western Cape Judge President John Hlophe’s long drawn out battle to avoid becoming the first judge to be impeached in democratic SA took another turn yesterday when he not only lost his case to exclude NGO Freedom Under Law (FUL ... Read More

Omicron storm: UN and WHO slam travel restrictions

Following a weekend of defending SA and the region from the Omicron storm which is sweeping across the planet, Pretoria – with considerable international support – has launched a multi-pronged offensive. Legalbrief reports that there is a growing consensus that SA ... Read More

Excuses, excuses ... MPs reprimanded over late filings

Former Mineral Resources Minister Mosebenzi Zwane and EFF spokesperson Vuyani Pambo are among eight MPs who will be reprimanded or have their salaries docked for declaring their interests after the November 2020 deadline. Parliament’s Joint Committee on Ethics and Members’ ... Read More

Policy Watch

Covid-19 crisis: Response management to be reviewed

In anticipation of conducting a ‘review’ of ‘the use of the (2002) Disaster Management Act’ in managing its ‘response’ to the Covid-19 pandemic and ‘ultimately lifting the national State of Disaster’, government has begun ‘the process of amending … SA’s ... Read More

Case Law Briefs

Summary Steers

Western Cape High Court: Ex parte Steers, ex parte Coetzer, ex parte Coetzer, ex parte Lyners, Lessing v Oosthuizen Judgment: 26 November 2021 Keywords: Insolvency law – Voluntary surrender and friendly sequestrations – Potential abuse – Interest of the general body of ... Read More

Summary Campbell

Free State High Court (Bloemfontein): Campbell NO & Another v Fourie & Others Judgment: 25 November 2021 Keywords: Practice and pleadings – Leave to appeal – Locus standi of first plaintiff challenged – Decision sought on appeal will have no practical effect – Superior ... Read More

Summary Mason

Eastern Cape High Court (Port Elizabeth): Mason v Mason NO Judgment: 23 November 2021 Keywords: Practice and pleadings – Application to compel discovery – Litigation privilege – Uniform Rules of Court, Rules 35(2), 35(3), 35(7), 36(9)(b) Summary ... Read More

In Court

Suitcase murder accused pleads guilty

Alutha Pasile, the man accused of killing University of Fort Hare law student Nosicelo Mtebeni, was found guilty of murder and defeating the ends of justice, reports City Press. Pasile pleaded guilty to both charges at the Eastern Cape High ... Read More

Court hears alleged killer went go-karting

With no idea what to do with Nelson Mandela Bay mom Vicki Terblanche’s body after she was killed, her alleged killer left her in the boot of his car and went go-karting, reports HeraldLIVE. The revelations were made in the Gqeberha ... Read More

Rape accuser to challenge DJ Fresh

A defamation tussle is unfolding in the Gauteng High Court (Johannesburg) between former radio presenter Thato Sikwane, popularly known as DJ Fresh, and the woman who accused him of rape The former 94.7 and Metro FM host approached the ... Read More

Today's Analyses

SA moves on just transition regulatory guidelines

The agreements reached at the COP26 summit are broadly seen as a step in the right direction in the global fight against climate change. SA’s updated nationally determined contributions have put the country on an ‘ambitious’ path to contribute to ... Read More

Pityana, Absa row flags importance of good governance

‘Good corporate governance principles and recommendations may not be legally enforceable but should form a central part of how we conduct ourselves as the leadership of organisations, whether in the private or public sector. Due process that complies in all ... Read More

A Matter of Justice

'Flawed' findings in Mauritius drug inquiry report

The controversial report of an official inquiry into drug trafficking in Mauritius continues to cause waves in that state’s upper echelons. When it appeared in 2018, the report led to the resignation of the Minister for Gender Equality as well ... Read More


Botswana's landmark gay rights ruling upheld

Botswana's Government yesterday lost a legal attempt to overturn a landmark ruling that decriminalised homosexuality. eNCA reports that the country's High Court in 2019 ruled in favour of campaigners seeking to strike down jail sentences for same-sex relationships ... Read More

Zimbabwe council officials in the dock over tender scam

Zimbabwean town council officials, including the chairperson, have been arrested for corruptly allocating themselves properties. They allegedly allocated themselves residential and commercial stands without following procedures, and awarded each other unapproved travelling and subsistence allowances. New Zimbabwe reports that council ... Read More

Signs of hope despite alarming abuse levels

eSwatini has made strides in tackling sexual and gender-based violence, but much still needs to be done to ensure the law is applied and that perpetrators are held accountable, a prominent activist says. Nonhlanhla Dlamini, the director of the Swaziland ... Read More


Swiss voters support proposed Covid-19 pass law

Swiss voters have firmly backed the law behind the country’s Covid-19 pass in a referendum, following a tense campaign that saw unprecedented levels of hostility. According to a report in The Guardian, early results on Sunday showed about two-thirds of ... Read More

Polish group uses films to back rule of law

Four Polish lawyers have found a novel way to educate the public about judicial rights. A report in The Guardian notes that lawyer Sylwia Gregorczyk-Abram, and legal acquaintance Michał Wawrykiewicz, had this ‘crazy idea – how to convince people, citizens, why ... Read More

EU moves to clamp down on digital giants

The EU is a step closer to imposing fresh regulations on digital giants, after proposed rule changes were approved by a committee of MEPs. According to a report on the site, the Digital Markets Act (DMA) sets out ... Read More

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