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27 April 2024 Legal News Watch

South Africa


Judges cannot interfere in settlements – ConCourt

The Constitutional Court has ruled that judges ‘should not interfere’ with settlement agreements between litigants, in what a Business Day report calls a landmark decision that outlines judges’ power when requested to sign off on such agreements. The decision stems ... Read More

ConCourt grants Zuma’s extension request

The Constitutional Court has given MK Party leader Jacob Zuma until Tuesday to file answering papers to oppose the Electoral Commission of SA's (IEC) appeal against an Electoral Court decision relating to his participation in the elections. This after ... Read More

Hlophe’s lawyers say ConCourt is obligated to hear him

Whatever ‘feelings of discomfort’ the justices of the Constitutional Court may have, these could not supersede their constitutional duties when dealing with the application that would invalidate the impeachment of former Western Cape Judge President John Hlophe, his lawyers said ... Read More

Policy Watch


Security: SANDF troop deployment extended

President Cyril Ramaphosa has informed the National Assembly and the (acting) Speaker of the extension of the employment of the SANDF in various international obligations, reports Wyndham Hartley. The extension, which is in accordance with section 201(2)(C) of the Constitution is ... Read More

Case Law Briefs


Absa v Rosenberg (Guarantee agreement)

SCA: ABSA Bank v Rosenberg & Rosenberg Judgment: 24 April 2024 Keywords: Contract – principles of interpretation – enforceability of guarantee agreement Summary: In 2018, Uwoyela Environmental Services (Pty) Ltd (UES) and Absa Bank concluded an agreement, recorded in a ... Read More

Tsegaye Esyas v Paarl Magistrate's Court

Western Cape High Court: Tsegaye Esyas v Magistrate Mackenzie, Paarl Magistrate's Court and others Judgment: 22 April 2024 Keywords: Administrative Law – application for review and setting aside of admission of guilt fine – fair trial – right to ... Read More

In Court


Bank statements implicate Meyiwa murder accused

Bank statements belonging to one of the accused in the Senzo Meyiwa trial show that he was in Gauteng in 2014 when Senzo Meyiwa was murdered. This was revealed by state prosecutor Ronnie Sibanda in the Gauteng High Court (Pretoria ... Read More

‘Dolus eventualis’ wife killer jailed for 12 years

The Gauteng High Court (Johannesburg) has sentenced businessman Musa Ntsibande to 12 years' imprisonment for the murder of his wife, Hlengiwe Msimango. In delivering her sentence, Judge Moleboheng Mdalana-Mayisela said the court had to deviate from the minimum sentence of ... Read More

Today's Analyses


JSC an 'obstacle' to judicial excellence

Thanks to the manner in which the JSC has conducted its hearings on the appointment of judicial officers, many of the best of our judges and legal practitioners are reluctant to be nominated for judicial office. ‘Hence, the JSC has ... Read More

Hlophe’s final salvo a test for ConCourt

Impeached Western Cape Judge President John Hlophe’s latest case at the Constitutional Court is his last opportunity to undo his removal, by challenging the process used by Parliament. Legal journalist Dianne Hawker notes because of the litany of court cases ... Read More

Africa


World Bank pulls the plug on conservation project

The World Bank has suspended funding for a tourism and conservation project in Tanzania following allegations of human rights abuses. News24 reports that it said the $150m Resilient Natural Resource Management for Tourism and Growth Project (Regrow) was set up ... Read More

Black Axe suspects detained in Germany

German police have arrested 11 Nigerian men suspected of being in a mafia group which orchestrated large-scale dating scams. The Black Axe gang was involved in ‘multiple areas of criminal activity’ globally, Bavarian police said in a statement. In Germany ... Read More

World


Judges mull question of presidential immunity

The Supreme Court’s conservative majority seemed poised yesterday to narrow the scope of the criminal case against former President Donald J. Trump on charges that he plotted to subvert the 2020 election. A report in The New York Times notes ... Read More

18 indicted for trying to subvert Biden victory

An Arizona grand jury this week indicted seven attorneys or aides affiliated with Donald Trump’s 2020 presidential campaign as well as 11 Arizona Republicans on felony charges related to their alleged efforts to subvert Joe Biden’s 2020 victory in the ... Read More

UK Supreme Court ends asylum seeker's 'limbo'

UK Supreme Court justices this week unanimously allowed the Home Secretary’s appeal over a claim for leave to remain by an asylum seeker currently in 'limbo status'. A Law Gazette report notes that the government appealed to the Supreme Court ... Read More

Today's Briefs


Effective 20 years for killing grandmother

* Keagan Samuels (27) has been sentenced to 25 years behind bars after pleading guilty to beating his grandmother Cynthia Doubell (93) to death in August 2021. The Western Cape High Court suspended five years of the 25-year sentence for 10 ... Read More

BOOK REVIEW


GENDER, LAW AND JUSTICE 2e

    GENDER, LAW AND JUSTICE 2e E Bonthuys, C Albertyn   PRINT ISBN: 978-1-48515-045-9; EBOOK ISBN: 978-1-48515-091-6   The second edition of Gender, Law and Justice reflects on two decades of minimal societal transformation, highlighting persistent inequalities faced by women ... Read More

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