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Civil Rights

State to petition SCA to appeal Fireblade ruling

By Juta and Company (Pty) Ltd Published on Monday, 11 December 2017
Aviation Law Civil Rights Litigation
Home Affairs Minister Ayanda Dlodlo will approach the SCA to challenge the Oppenheimer family’s court victory in October to run a private international terminal at OR Tambo International Airport. A Business Day report says on Friday the department lost the second round in a battle that has pitched the Oppenheimers against the Guptas when the Gauteng High Court (Pretoria) dismissed its application for leave to appeal against the October judgment.

The Supreme Court of Appeal says trial courts need to be more vigilant

By Juta and Company (Pty) Ltd Published on Wednesday, 06 December 2017
Civil Rights Criminal Law
The SCA has set aside a murder conviction and sentence imposed on Lefu Jantjie Bakane‚ because of the unlawful manner in which a confession was obtained from him. A TimesLIVE report notes Bakane and three other men were found guilty in 2009 of the murder of Johannes Albertus Maré.

Graduates awaiting certificates planning class action

By Juta and Company (Pty) Ltd Published on Wednesday, 06 December 2017
Civil Rights Education Law Litigation
Tired of having their lives on hold for up to six years, college students are being given the pro bono assistance of a law firm to launch a class action against the state for not ensuring they receive their certificates of graduation, according to a City Press report. Keneilwe Molawa, a former student at Motheo technical and vocational education and training college in Bloemfontein, has been trying to get her civil engineering and building construction national vocational certificate since 2010.

Gigaba bid to appeal luxury terminal ruling

By Juta and Company (Pty) Ltd Published on Tuesday, 05 December 2017
Aviation Law Civil Rights Litigation
The Oppenheimers’ plans to run customs and immigration services at OR Tambo International Airport is on hold for now, pending the outcome of possible appeal proceedings against last month’s Gauteng High Court (Pretoria) judgment in favour of the family, notes a Pretoria News report.

Shelter’s rules diminish people's rights

The Constitutional Court has held that the rules of the temporary shelter provided by the City of Johannesburg infringed on the residents’ rights to dignity‚ freedom and security of the person and privacy. A TimesLIVE report says the shelter not only did not allow spouses to sleep together but that residents had to leave in the morning and return before lockdown every night.

Court rules for women in pre-1998 polygamous marriages

The Constitutional Court has confirmed that a law which governs matrimonial property in customary marriages is unconstitutional, says a TimesLIVE report. Section 7(1) of the Recognition of Customary Marriages Act (RCMA) of 1998 provides that wives who entered into customary marriages before the Act was passed do not have marital property rights.

Magistrate 'eroded confidence in justice system'

By Juta and Company (Pty) Ltd Published on Wednesday, 29 November 2017
Civil Rights Criminal Law Litigation
A Benoni Regional Court Magistrate Mitzi Schutte, who has been found by appellate courts to have brought the administration of justice into disrepute on three prior occasions, has been admonished again by the SCA‚ which said her conduct eroded public confidence in the judicial system. The latest case dealt with an application by three men‚ who will again stand trial for murder and attempted murder, notes a TimesLIVE report.

Ground-breaking test on allocation of police resources

By Juta and Company (Pty) Ltd Published on Tuesday, 28 November 2017
Civil Rights Criminal Law Litigation
A ground-breaking case in which activist groups seek a declaration that the allocation of police resources in the Western Cape unfairly discriminates against black and poor people goes to the Equality Court in Cape Town today. The case was brought by the Social Justice Coalition (SJC) and Equal Education (EE) against the Minister of Police, the National and Provincial Police Commissioners and the Western Cape MEC for Community Safety in March 2016.

No contracting out of constitutional obligations

By Juta and Company (Pty) Ltd Published on Thursday, 23 November 2017
Civil Rights Labour Law
The KZN High Court (Pietermaritzburg) judgment in the case of Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others, provides a ‘timely’ reminder that no person or body (including a body corporate) can contract themselves out of constitutional or other legal obligations, says constitutional law expert Professor Pierre de Vos.

Manyi ordered to remove social media posts

By Juta and Company (Pty) Ltd Published on Tuesday, 21 November 2017
Civil Rights Litigation
The Gauteng High Court (Johannesburg) yesterday ordered ANN7 and The New Age owner Mzwanele Manyi to remove social media posts he made against billionaire entrepreneur Magda Wierzycka within 24 hours. Acting Judge Fiona Dippenaar granted an interim order which interdicted Manyi from making‚ publishing‚ retweeting‚ commenting on or sharing defamatory statements against Wierzycka until the case had been heard by the Equality Court, says a TimesLIVE report.

Court strikes down private estate's apartheid-style rules

Private estates cannot enforce road traffic law or ‘domestic rules’ similar to the curfews and pass laws of the apartheid era‚ the KZN High Court (Pietermaritzburg) has ruled. A TimesLIVE report notes the judgment ended a long-running case brought by Niemesh Singh‚ a resident of Mount Edgecombe Country Club Estate‚ who argued that speed trapping in the estate was unlawful.

Court rules for judge's widow on marital assets

Former Mthatha Judge Duncan Dukada’s widow Hlombekazi Dukada will get half of most of the assets accumulated during their 40-year marriage despite their holding separate estates in terms of their marriage property regime, notes a Saturday Dispatch report. The Eastern Cape High Court (Mthatha) ruled that Dukada and his wife had formed a tacit partnership agreement during 1990 in respect of their family businesses and that they had conducted their growing empire – which included hardware stores, a bookshop, tiling and supermarket franchises – as equal partners until the death of Dukada last year.

Spooks launch case against Jacques Pauw

The State Security Agency, having failed to halt distribution of Jacques Pauw’s book, The President’s Keepers, via ‘cease-and-desist’ threats, has opted to pursue the criminal route against the author, notes Legalbrief. It has opened a criminal case against Pauw and a former member of the agency, believed to be Paul Engelke, named as a source in the book. The Directorate for Priority Crime Investigation had received the docket, Hawks spokesperson Brigadier Hangwani Mulaudzi confirmed, according to Business Day.

Fight over language policy taken to higher courts

By Juta and Company (Pty) Ltd Published on Friday, 10 November 2017
Civil Rights Constitutional Law Litigation
Lobby group Gelyke Kanse (Equal Opportunities) is heading for the SCA and may also launch a direct application to the Constitutional Court following its defeat in the High Court. A report in Die Burger notes that Gelyke Kanse wants the court to set aside Stellenbosch University’s language policy stipulating English as the primary language of instruction.

Toilets test case for Cape Town

By Juta and Company (Pty) Ltd Published on Thursday, 09 November 2017
Civil Rights Health Care & Social
Do residents of Cape Town’s informal settlements receive inferior sanitation services to those provided to residents living in wealthier areas? Does this constitute unfair discrimination? On 5 and 6 December 2017, the Equality Court will hear an application from the Social Justice Coalition (SJC) against the City of Cape Town which raises these questions.

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