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Quotes of the Week
'It's an unfair decision, a political decision. If any harm comes to him in Libya, the Tunisian justice system will be a party to that.'
– Mabrouk Korchid, the lawyer for Libya's former Prime Minister al-Baghdadi al-Mahmoudi after an Appeals Court in Tunis approved his extradition
'The respondent shall vacate his position as the president of the ANC Youth League.'
– ANC disciplinary hearing chair Derek Hanekom, announcing a change in direction in the political career of Julius Malema
'I'm very happy with the result. The damage he has already done to South Africa was too much. He damaged the ANC and government.'
– Attorney James Sithole who drove from Limpopo to witness the Malema verdict, informing his clients he would not be working a full day as it was a matter of national interest
'Xuma was the first president to have three successful terms. He brought Nelson Mandela, Walter Sisulu and others to the ANC. Those boys backed him and then turned against him, saying "we think he must go".'
– Human Settlements Minister Tokyo S exwale who has sounded a stern warning to the party's leadership not to underestimate the influence of the ANC Youth League, as it had once ousted former president Dr Alfred Xuma when he refused to listen to them.
'The United States Government condemns recent calls to violence and other incendiary speech that have recently taken place in the DRC.'
– US State Department spokesperson Mark Toner condemning 'incendiary speech' ahead of elections this month in the DRC
'The (minister) needs to come clean about the fishy finances of Marine and Coastal Management, which are reported to be in disarray.'
– Democratic Alliance MP Deetlefs du Toit on Fisheries Minister Tina Joemat-Pettersson
'We have been trying to understand the reason for this, and until now have not been able to establish why.'
– Fred Gona, the chair of Parliament's mineral resources committee, in Business Day on why the Oppenheimers were selling their 40% stake in De Beers
'A peaceful environment is very critical to our future for economic recovery and development and conducive to the forthcoming free and fair elections.'
– Zimbabwe's Justice Minister Patrick Chinamasa
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At a Glance
* SA's Public Protector has facilitated the supply of written reasons from the Correctional Services Minister on the decision not to grant parole to Clive Derby-Lewis. 'The Minister gave written reasons to Mr Derby-Lewis on 4 November 2011,' the Protector's spokesperson said.
– Weekend Argus (subscription needed)
* AU troops fighting al-Qaeda-linked Islamists in the failed state of Somalia have a $10m funding gap which has delayed the deployment of reinforcements and lifesaving equipment, officials said. Senior commanders said that the lack of cash is hampering recent advances against the Islamists, discouraging countries from sending troops and may have cost lives.
– News24
* Liberia's opposition leader says he will not accept the results of last week's presidential run-off, which his party boycotted despite pressure from the US. Winston Tubman said that he is 'not a troublemaker,' and that his aim is to make his voice heard by the international community.
– News24
* Movement for Multiparty Democracy Lusaka Province chair William Banda is facing new charges in connection with the Chongwe violence in the run-up to the September general elections. Banda and four other suspects last week appeared before a Lusaka magistrate on three counts of assault, 'occasioning actual bodily harm and unlawful wounding'.
–The Times of Zambia
* There is no plan to recall SA's High Commissioner in Uganda, Jon Qwelane, or take any action against him following an Equality Court decision finding him guilty of using hate speech against homos exual people. International Relations Minister Maite Nkoana-Mashabane reportedly said as much – based on the fact the offence preceded his appointment – in a written parliamentary reply to the Democratic Alliance.
– Die Burger
* Western Cape Premier Helen Zille is so worried about the spread of HIV and its cost to the government that she wants men who have multiple s exual partners and refuse to use c ondoms to be charged with attempted murder. Zille told a wellness summit hosted by the provincial Health Department that it was time the government shifted its exclusive focus from treating diseases to preventing them and promoting wellness.
– Cape Argus
* Taxpayers will have to pay R400m more than the announced R100m for the centenary celebrations of the African National Congress set to be held in Bloemfontein in January. It says an analysis of the Free State's provincial budget shows that the festivities will cost millions more than has been publicly stated. Taxpayers have already paid R150m for the Philip Sanders resort outside Bloemfontein, which will serve as headquarters for the festivities.
–Volksblad
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BOOKSHELF
Imagine Africa
Edited by Breyten Breytenbach
Island Position, Gorée Institute. R230
Imagine Africa, a collection of essays and literary pieces edited and introduced by poet, writer and activist Breyten Breytenbach, is the first in a projected series of volumes from the Gorée Institute, one of whose aims is to 'celebrate the vitality and the diverse voices from the dynamic continent of Africa'. The literary pieces collected in this book certainly make for interesting reading. If I have a criticism of this book at all, it is that the political pieces are so focused on Africa that they deprive the point sometimes of perspective. No one would dispute that African countries have generally failed their citizens, especially in the matter of safety and security. But in other respects – corruption, for example – Africa is hardly unique. At the time of writing, major cases of corruption are being prosecuted in the US, the UK and the Netherlands. During the years I have lived in Europe I have seen numerous other cases, in a number of countries, passing over the TV screen. Scaling the level up a notch or two, the global community recently learned how vulnerable we all are to the suddenly cumulative effects of large-scale corruption when it emerged that the greed of a few thousand people had pushed the economic system to the brink. Criticism of the new African elites should address their humanity, not their sense of being African. And it should be based in a capacity to act, through civil society, for example. Of course, one can imagine that a volume called Imagine Africa compiled by Ngugi wa Thiongo or by Wole Soyinka would read very differently. But every anthology is a selection, every imagining is from a point of view – what matters is whether it is interesting. And on that score, this imagining of Africa succeeds hugely.
– Richard Jurgens
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Latest judgments online
Supreme Court of Appeal
Municipality of Stellenbosch v Shelf-Line 104: Township – conditions of approval – rezoning and subdivision under s 16 and 25 of the Land Use Planning Ordinance15 of1985 – whether municipality may unilaterally amend such conditions after acceptance by developer.
Judgment
North Gauteng High Court
Board of Health Care Funders of the SA & another v Council for Medical Schemes and Others: Application for declaratory order on interpretation of the words 'pay in full' in regulation 8(1) of the General Regulations made pursuant to the Medical Schemes Act.
Judgment
Eastern Cape High Court
VDZ Construction v Makana Municipality & others: Application to review and set aside awarding of tender contract – whether tender by applicant was an 'acceptable tender' as defined in the Preferential Procurement Policy Framework Act – Municipal Billing Clearance Certificate – second page a copy, not original – inadvertent – whether such an inadvertent act justifies decision in question – decision set aside.
Judgment |
Juta Law Latest
Human Rights Under the Malawian Constitution
In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. Human Rights under the Malawian Constitution takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi.
- More information |
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| The views expressed in this newsletter are a reflection of those contained in the original reports to which they are linked, and are not necessarily those of the International Bar Association, Juta and Company Ltd or Legalbrief. |
Disclaimer
Any information, including journalistic articles, in this electronic newsletter is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor. For more information, please read our Terms and Conditions. |
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Africa Focus
South Africa/Botswana: Malema's suspension key to Zuma's future
The suspension of firebrand African National Congress Youth League (ANCYL) leader Julius Malema has sent shockwaves throughout SA with analysts agreeing that it will have a major impact on the political landscape. Legalbrief reports that Malema was ordered to vacate his position as president of the organisation after the ruling party's disciplinary committee found him guilty of provoking serious divisions and bringing the organisation into disrepute. The Citizen reports that the charges related to him deliberately disrupting a meeting of ANC officials along with four other Youth League leaders in August this year, to comments made about former President Thabo Mbeki and bringing about regime change in Botswana. He was found not guilty of sowing racial or political intolerance. Malema had 14 days to appeal against the disciplinary committee's sanctions – which the Youth League said it would do, committee chair Derek Hanekom said. He had been suspended for five years and would continue to receive full pay until the appeal process was concluded.
Full report in The Citizen
The ANCYL's 'arrogant' spokesperson Floyd Shivambu also had to vacate his position, Hanekom said. Shivambu was found guilty of two charges relating to swearing at a journalist and his press statement about regime change in Botswana. The ANC's national disciplinary committee noted his 'arrogance and defiance'. Shivambu's ANCYL membership was suspended for three years. According to a report on the IoL site, the Youth League's secretary-general, Sindiso Magaqa, was found guilty of making a derogatory statement about Public Enterprises Minister Malusi Gigaba. The committee found he undermined the ANC and Gigaba's position as Minister and placed foreign investment into SA at risk. ANCYL deputy president Ronald Lamola, treasurer-general Pule Mabe, Magaqa and deputy secretary-general Kenetswe Mosenogi all had their Youth League membership suspended for two years. This sanction was suspended for three years, Hanekom said.
Full report on the IoL site
Committee's edited findings
Malema would never take the ruling party to court, he told Carte Blanche in an interview broadcast yesterday. 'I will appeal to the NDC (national disciplinary committee)... and if I lose then I will appeal to the ANC NEC (national executive committee)... or if that fails then I will petition the national congress of the ANC,' Malema said in the interview recorded before the announcement of his suspension last Thursday. '... I will never take ANC to court... If the appeal fails then I will accept that it will be the end of my political career,' he is quoted as saying in a report on the IoL site.
Full report on the IoL site
The Youth League would detail its response to the sanctions on Wednesday, spokesperson Floyd Shivambu said yesterday. According to a report in The Mercury, Shivambu – who was given a three-year suspension – told SAfm radio that the league intended to expose how the disciplinary hearings against the league's leadership were about 'people… trying to settle political battles'.
Full report in The Mercury (subscription needed)
Business Day reports that President Jacob Zuma's path to re-election as president of the ANC received a boost with Malema's suspension. It also notes Malema will be hoping that the ANC's national executive committee will overturn the conviction and sentence, should his appeal be unsuccessful. The committee was empowered to review decisions of the ANC's disciplinary committee, Hanekom said last week. The report says the campaign to unseat Zuma could be severely weakened if Malema's appeal fails. He has been the public face of a bid to replace Zuma with his deputy, Kgalema Motlanthe, at the ANC's elective conference in Mangaung next year.
Full Business Day report
In an interesting twist, ANC heavyweight and presidential hopeful Tokyo S exwale has been chided by the party's NDC for his evidence at the Malema hearing. City Press, which says it has obtained the full ruling, notes the NDC slammed S exwale's evidence, saying he made several 'unsubstantiated statements' and relied on 'hearsay'. It also 'decried' the Human Settlements Minister's 'lack of knowledge' of the ANC constitution. 'The NDC has noted that the overwhelming number of the arguments were unsubstantiated statements and decried comrade Tokyo's knowledge of the ANC constitution as an NEC member,' reads the ruling. The report notes the document further reveals the depth of the schism between S exwale and Zuma. In evidence, S exwale implied Zuma was behind the charges against Malema. According to the document, S exwale said: 'The disciplinary proceedings were being used to stifle debate and solve private problems because somebody was waiting for the earliest opportunity to institute disciplinary proceedings as soon as the respondent said something wrong.'
Full City Press report
Political analysts note that Thursday's decision was only the beginning of Malema's troubles. A Volksblad report points out that he is facing investigations by the Hawks, SARS and the Public Protector. The University of the Western Cape's Kenny Bafo said the stripping of his political power could signal the end for Malema, according to the report which notes Bafo believes Malema will now wash more ANC dirty laundry in public. The North West University's André Duvenhage agreed that Malema still has more trouble on the horizon, but this did not mean the end of his political career. 'He will mobilise and organise support behind the scenes,' the report quotes Duvenhage as saying.
Full Volksblad report
Meanwhile, the Botswana Congress Party Youth League says it is disappointed with the outcome of the hearing against Malema. SABC News reports that the deputy president of the BCP's Youth League, Dithapelo Keor apetse, said the ANC should have allowed debates within the structures of the party regarding the Botswana issue and not stifle them. The report quotes Keor apetse as saying: 'We fear that in future the ANC youth will be unable to freely express their views in fear of victimisation because this is clearly victimisation, where the Youth League wants to add their views and then they are disciplined for that. In future it may stifle debates within the movement. The movement might move towards a yes man yes woman movement, in which the debate is suppressed and what ever they leadership says goes.'
Full SABC news report
Book Launch
Human Rights under The Malawian Constitution by Danwood M Chirwa
Sponsored by Juta Law
The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi.
Date: 17 November 2011
Time: 17h30 for 18h00
Venue: Mount Soche Hotel, 28 Glyn Jones Road, Blantyre, Malawi
RSVP: Carmen Timm on +27 21 659 2338 or email: lawevents@juta.co.za by 14 November 2011
For more information on this title, click here |
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General Law Reports
Malawi: S ex workers sue government
Fourteen Malawian s ex workers arrested by police and forced to undergo HIV tests two years ago have sued the government for 'unfair action and violating their privacy'. The p rostitutes, who all tested positive, filed for a judicial review of their case in 2009, but the court only allowed them to proceed with their action this year, an unidentified court official said. According to a report on the allAfrica.com site, the s ex workers were charged for trading in s ex while having a s exually transmitted disease. They were fined $7 and released.
Full report on the allAfrica.com site
Kenya: Odinga in funding probe
Kenya's Prime Minister Raila Odinga is facing a parliamentary probe over the alleged loss of more than $10m in World Bank funds, which was meant for youth job creation. City Press reports that Odinga is expected to appear before a parliamentary committee to explain how the money, administered by his office, disappeared or was used to pay allowances to senior officials in his office. According to the report, the money, for the Kazi Kwa Vijana ('jobs for youth') programme, was meant to create casual and mainly menial jobs for millions of unemployed young people, and was funded to the tune of $100m by both the Kenyan Government and the World Bank.
Full City Press report
Libya: Former PM seeks refugee status
Libya's former Prime Minister Baghdadi al-Mahmudi has applied for UN political refugee status to try to prevent his extradition from Tunisia, one of his lawyers has confirmed. 'If the HCR (the UN High Commissioner for Refugees) grants Mahmudi refugee status, it will no longer be possible to extradite him,' said Taufik Wanas. According to a report on the IoL site, a Tunisian Appeals Court last week approved Mahmudi's extradition to Libya although rights groups have expressed concern for his safety if he is sent back. 'I am hopeful that the Tunisian people will not extradite a refugee,' said Mahmudi, who appeared at a separate Tunis court in connection with a fresh extradition request submitted by the authorities in Tripoli.
Full report on the IoL site
Tunisia should halt the plans to extradite al-Mahmoudi, Human Rights Watch (HRW) says. The US-based group warned that al-Mahmoudi would be at a real risk of torture. According to a BBC News report, the extradition request was made by the National Transitional Council (NTC), which has pledged to treat all detainees fairly. However, HRW said the NTC did not have sufficient control of security forces to guarantee his safety. The report quotes HRW deputy Middle East director Joe Stork as saying: 'Sending suspects to a country where there's a real risk of torture is prohibited under international law.'
Full BBC News report
Muammar Gaddafi's son Saadi has been granted asylum in Niger on humanitarian grounds, the country's President confirmed last week. The Guardian reports that Mahamadou Issoufou insisted he knew nothing of the whereabouts of another of the slain Libyan leader's sons, Saif al-Islam, who is wanted by the International Criminal Court (ICC). 'We have agreed on granting asylum to Saadi Gaddafi for humanitarian reasons,' the report quotes Issoufou as saying during a visit to SA. Saadi, and other Libyans who fled with him into Niger were being treated as refugees, 'but we have told them very clearly they cannot engage in political or subversive activities', the report quotes Issoufou as saying.
Full report in The Guardian
Meanwhile, the International Criminal Court (ICC) prosecutor said he may charge Muammar Gaddafi's spy chief, Abdullah al-Senussi, and others suspected of involvement in hundreds of r apes in Libya during this year's conflict. According to a report on the IoL site, The Hague-based court has already indicted Senussi on charges of crimes against humanity and other war crimes. ICC prosecutor Luis Moreno-Ocampo said he was close to completing an investigation into the use of r ape by Gaddafi's |
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