Legal Articles and Guides

The Gauteng High Court (Johannesburg) has painted a picture of a biased Independent Communications Authority of SA (Icasa), which acted against Constitutional Court guidelines when its Complaints and Compliance Committee ruled in an ‘irrational and unreasonable’ manner against a DA election advertisement scheduled to be aired on the SABC during the 2014 elections campaign.

President Jacob Zuma finds himself in a corner today following the damning Gauteng High Court (Pretoria) judgment yesterday which struck the names of two senior officials from the roll of advocates, notes Daily News. The court removed the names of Deputy National Director of Public Prosecutions Nomgcobo Jiba and Specialised Commercial Crime Unit head Lawrence Mrwebi from the roll‚ following an application by the General Council of the Bar (GCB).

The Eastern Cape High Court (Mthatha) has ruled that Wayne Swanepoel must pay Bulelani Thembani R100 000 for calling him a ‘kaffir’ during an argument. A TimesLIVE report says its finding confirmed the view of an Mthatha Equality Court magistrate‚ who ordered Swanepoel last October to pay the damages and issue an unconditional apology to Thembani.

A single ‘slanderous’ e-mail accusing a manager of gender bias has come under the legal spotlight in one of the first cases unpacking the provisions of SA’s relatively new anti-harassment laws, says a report in The Mercury. And while the KZN judge tasked with considering the matter agreed that the content of the e-mail was not true, she said the law required that there be some ‘repetitive element’ to the conduct or, if it was a single act, that it must be ‘overwhelmingly oppressive’ and have the same impact on its victim as if being ‘physically stalked’.

The controversial Films and Publications Amendment Bill, which seeks to regulate the digital distribution of films and games and has been widely criticised as being unconstitutional, is the focus of attention in Parliament"s Communications Committee, which is holding public hearings on the Bill this week. Critics argue the Bill is an attempt to censor the Internet in SA and have labelled it "Africa"s worst new Internet censorship law", notes a BDlive report.

Accusing someone of committing adultery " even if it is not true " cannot be said to be defamatory because society no longer views such conduct with disdain. The Mercury reports this this was the upshot of a judgment by KZN High Court (Durban) Judge Mokgere Masipa in a matter in which a local doctor had tried to sue a close family friend for accusing him of having an affair with his wife.

The Gauteng High Court (Johannesburg) case in which Jon Qwelane is seeking to have sections of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda) that govern hate speech and harassment ruled inconsistent with the Constitution, has been postponed, notes a Mail & Guardian report. Qwelane"s legal representatives sought postponement of the trial, due to begin yesterday, due to Qwelane"s poor health.

Journalist and diplomat Jon Qwelane"s controversial freedom of speech battle gets a hearing in the Gauteng High Court (Johannesburg) this week when he seeks to have sections of the law governing hate speech and harassment declared unconstitutional. A Mail & Guardian report says Qwelane is challenging the Promotion of Equality and Prevention of Unfair Discrimination Act.

The death of Susan Shaw on a remote country estate in June 2007 is again under scrutiny by KZN High Court (Durban) Judge Peter Olsen due to a R9.4m damages claim against the state by her husband says a report in The Witness. Hilton Shaw alleges he was maliciously arrested and prosecuted for her murder.

The Constitutional Court heard a case yesterday which could have far-reaching consequences for the way cases are prosecuted, says a report in The Mercury. The issue was whether bodies like the National Council of SPCAs should be allowed to privately prosecute those the NPA let off the hook. The report says the matter is significant as Corruption Watch " which was admitted as a friend of the court " said a change in the legislation could allow for more corruption cases to come before court.

Former City Press photo editor Denvor De Wee is at odds with his lawyer over whether he entered into a settlement agreement with Media24 and former City Press editor Ferial Haffajee in his racism defamation court case. The dispute between Media24, Haffajee and four former staffers " who alleged she defamed them by calling them racists " was headed for court last week before Media24"s attorney Andrew Boerner said the case had been settled, which was confirmed by the staffers" attorney Etienne van der Merwe, notes a BDlive report.

SABC contributing editor Vuyo Mvoko"s constitutional rights to freedom of expression were infringed by the public broadcaster"s decision to "punish" him by taking him off air for an article in which he criticised its management. This, says a Weekend Argus report, is argued in Mvoko"s application for leave to appeal against the dismissal of his application to have his contract enforced.

"Arrests and detention are not measures our Constitution created to apply to juvenile offenders. While it is clear that children can still be arrested and detained, police officers should not be so quick to exercise these measures against minors," says Safura Abdool Karim, in an analysis of the Constitutional Court judgment in Raduvha v Minister of Safety and Security and Another on the GroundUp site.

A 4½-month-old baby is to get his own advocate to represent him in a legal tug of war over his adoption. The Mercury reports this was the ruling of KZN High Court (Durban) Judge Phillip Nkosi in an urgent application which stayed an order that the child be immediately removed from the care of the couple who want to adopt him " and who have been looking after him since birth " and put in a place of safety.

Leave to appeal against a KZN High Court (Pietermaritzburg) decision to allow media houses to report on the disciplinary proceedings of 11 Department of Public Works employees relating to work on upgrades to President Jacob Zuma"s Nkandla home was dismissed yesterday, notes a report in The Mercury. The employees were seeking to appeal Judge Pete Koen"s ruling two months ago that the allegations that they collectively breached legislation governing their employment were matters of public interest.