Legal Articles and Guides
The Black Lawyers’ Association has welcomed a Legal Practice Council (LPC) decision to amend its rules to bar the requirement that candidate attorneys must possess their own vehicle and driver’s licence.
Chief Justice Mogoeng Mogoeng has found that John Hlophe has a case to answer with regard to his alleged assault of Judge Mushtak Parker and that if the allegation is true, it is likely to lead to a finding of gross misconduct, followed by impeachment, notes Marianne Thamm in a Daily Maverick report.
By making a decision a lawyer said he had never seen before in 33 years of practice, controversial Western Cape Judge President John Hlophe has been placed in the centre of a row over the delayed legal challenge against the ban on cigarette sales brought by tobacco giant British American Tobacco SA (Batsa).
The time for Western Cape High Court Judge President John Hlophe to answer for his alleged ‘serial’ misconduct is now.
A Judicial Conduct Committee has recommended that complaints by 10 fellow judges, as well as the Cape Bar Council, against Western Cape High Court Judge Mushtak Parker are serious enough that, should these be established, would amount to gross misconduct, according to a Daily Maverick report by Marianne Thamm.
An affidavit that Western Cape High Court Judge Mushtak Parker deposed on 25 February 2019 that he was assaulted by Western Cape Judge President John Hlophe has been submitted to the Judicial Conduct Committee (JCC) inquiry which heard the matter on Friday, notes Marianne Thamm in a Daily Maverick report.
After a two-year delay, a date for the hearing of the 12-year-old gross misconduct complaint against Western Cape Judge President John Hlophe has finally been set.
Justice in lockdown is being hampered because some judges, who earn almost R2m a year, refuse to use their personal computers for ‘virtual hearings’.
Lawyers for Human Rights (LHR) has accused a prison official in Kgosi Mampuru correctional facility of ‘actively obstructing’ one of its clients from accessing legal representation during the Covid-19 lockdown, according to GroundUp.
The Pretoria Society of Advocates, one of the oldest Bars in the country, has resolved to apply for a winding-up due to financial distress, according to Rapport.
Public Protector Busisiwe Mkhwebane, who is facing a potential inquiry into her fitness to hold office, has repeatedly said she is a truly independent watchdog who does not deserve the multiple findings of perceived bias against her.
Chief Justice Mogoeng Mogoeng says the lockdown and State of Disaster implemented to curb the spread of the coronavirus cannot function above the Constitution.
Two high-profile advocates, who were considering taking the government to court over the constitutionality of the National Coronavirus Command Centre (NCCC), have decided to ‘take a step back’.
Legal practitioners, especially those in small firms in rural areas, face financial collapse amid the strict coronavirus lockdown regulations, with more than half having lost significant income, according to a survey.
Judges Matter, which monitors the judiciary and does research into judicial governance processes and other topics of public interest, has suggested a reluctant Chief Justice can in fact do more than he has let on to deal with the shambles in the Western Cape High Court.