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19 August 2022 Legal News Watch

South Africa

Legal battle looms over Ramaphosa decision

A legal showdown appears likely over Parliament’s decision not to summons President Cyril Ramapohosa to testify at the inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness for office, observes Legalbrief. Her counsel, Advocate Dali Mpofu SC, informed the Section 194 ... Read More

Parties plan motion of no confidence in Ramaphosa

Seven opposition parties decided yesterday to bring a motion of no confidence in President Cyril Ramaphosa, two months after the African Transformation Movement (ATM) tabled a section 89 motion to impeach him on charges of breaching the Constitution in the ... Read More

ANC ordered to settle R86m provident fund arrears

The Financial Sector Conduct Authority (FSCA) has ordered the ANC staff provident fund to compel the ruling party to settle about R86m in accumulated contribution arrears that it owes members of the fund, reports BusinessLIVE. The authority signed an enforceable ... Read More

Policy Watch

Policy: Confirmation of Covid grant threshold increase

Social Development Minister Lindiwe Zulu has, by notice in the Government Gazette, announced that the threshold for qualification for the social relief of distress grant has been increased, meaning that many more poor people will qualify, writes Wyndham Hartley.  The ... Read More

General: Irba corrects assurance fees notice

The Independent Regulatory Board for Auditors (Irba) has, by notice in the Government Gazette, announced that a notice it published on 10 June on fees on assurance engagements payable to the Irba was incorrect, reports Wyndham Hartley.  ‘The schedule of ... Read More

General: Name change in Western Cape

Sport, Arts & Culture Minister Nathi, Mthethwa has, by notice in the Government Gazette, using the provisions of the South African Geographical Names Council Act (Act No 118 of 1998) announced that Main Road 201 in the Drakenstein Local Municipality and the ... Read More

Case Law Briefs

Peloeole v DPP Gauteng (Intent v premeditation)

SCA: Peloeole v Director of Public Prosecutions, Gauteng Judgment: 16 August 2022 Keywords: Criminal law and procedure – Appropriate sentence – ‘intent’ v ‘premeditation’ – Criminal Law Amendment Act 105 of 1997 (CLAA), s 51(1) Summary: Mr Peloeole, a former warrant ... Read More

Swarts v Minister of Public Works (Delict)

Eastern Cape High Court (Gqeberha): Swarts v Minister of Public Works Judgment: 12 August 2022 Keywords: Delict – Slip-and-trip – Legal duty of custodian and occupier of public building Summary: Mr Swarts, a local attorney, attended at Gqeberha Magistrate's Court, when he ... Read More

Stoch v Mntambo (Property law)

Gauteng High Court (Johannesburg): Stoch and Another v Mntambo NO and Another Judgment: 11 August 2022 Keywords: Property law – Real rights – Praedial servitude – Alienation of Land Act 68 of 1981 (ALA), s 2(1) Summary: A shareblock company owned ... Read More

In Court

SAPS alleged PPE corruption jumps to R8.5m

Police PPE corruption has jumped to R8.5m, reports the Daily Maverick. An initial probe by the NPA’s Investigating Directorate into allegations of corruption surrounding the procurement of police PPE revealed wasteful expenditure of R1.9m. The new figures were ... Read More

Former prosecutor sentenced for corruption

A former state prosecutor from the Free State has been convicted and sentenced in the Phuthaditjhaba Magistrate’s Court on charges of corruption and theft. The Mercury reports Nkululeko Theophilus Ngcana (51) was arrested in February 2021 by the Hawks’ Serious ... Read More

ANC MPL Lili’s sentencing for inciting postponed

ANC MPL Andile Lili – convicted in the Bellville Magistrate’s Court in May for inciting members of the Ses’khona People’s Rights Movement to commit murder and common assault outside the Bellville Magistrate’s Court – will now have to wait until ... Read More

Today's Analyses

Bain’s damage control missive not enough

Last week, Stephen York, Bain & Co’s managing partner in SA, took out a full-page advertisement in Business Day appealing for ‘constructive dialogue’ with South Africans over its involvement in state capture in SA, specifically the dismantlement of SARS. York ... Read More


Special court sessions to tackle sex-related crimes

The Uganda judiciary is set to hold special court sessions to deal with sex-related offences Principal Judge Flavian Zeija said, according to a report in The Monitor. Zeija said cases such as rape and defilement have, for the past 10 ... Read More

Central African watchdogs call for 'responsible' journalism

The inaugural general assembly of the Audiovisual and Communication Regulators of Central African States (ECCAS) has called for media practitioners in the region to report more responsibly, thus preventing hate speech in journalism. A New Times report says the call ... Read More

'Deliberate' HIV transmission case decision delayed

A Harare woman accused of deliberately transmitting HIV to her lover will now know her fate on 30 August after her court case was postponed on Tuesday following delays by the state to respond to the defence’s submissions. A New Zimbabwe report ... Read More


Decision day on unsealing Mar-a-Lago affidavit

A federal judge in Florida will hear arguments today (Thursday) over whether to make public an affidavit used to justify a search of Donald Trump’s Florida estate, as broadening legal disputes on multiple fronts intensify against the former President and ... Read More

Saudi woman gets 34 years for pro-democracy tweets

A Saudi student at Leeds University who had returned home to the kingdom for a holiday has been sentenced to 34 years in prison for having a Twitter account and for following and retweeting dissidents and activists. According to a ... Read More

Biden signs flagship climate change Bill

US President Joe Biden has signed a $700bn Bill that aims to fight climate change and healthcare costs while raising taxes mainly on the rich. The final version is more modest in scope than the $3.5trn package first envisaged ... Read More

Today's Briefs

Three arrested over platinum possession

* Three suspects that were arrested in Cape Town for possession of platinum are expected to appear in Goodwood Magistrates’ Court today. Zinzi Hani, spokesperson for the Western Cape Hawks, stated that the suspects were arrested in Goodwood after being caught ... Read More

Parliamentary precinct cordoned over suspicious package

* The precinct of Parliament in Cape Town had to be cordoned off yesterday morning, after SAPS noticed a suspicious package that was left unattended. Parliament’s spokesperson Moloto Mothapo said SAPS immediately deployed their bomb disposal specialists as part of normal ... Read More

Ranger, vet's rhino poaching trial postponed

* The trial of a former Kruger National Park ranger and a state veterinary technician accused of rhino poaching has been postponed to 22 November because the court dates of the accused’s legal representative clash with another trial. The ranger, Rodney ... Read More

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