DOCSLIB.ORG

Admissions – July 2013

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Admissions – July 2013 to the profession ADMISSIONS Issue 1/2 2013 SPONSORED BY ADVERTORIAL NEED FOR TOP-UP COVER surance comes to the fore. If a though commercial banks, for exam- law firm has taken out addition- ple, will insist that any practitioner al or ‘top-up’ PI cover, then the who sits on their panel (and to whom top-up cover will ensure that any they refer work) must have a predeter- legitimate claim against the law mined level of cover. This level of cover firm is settled (up to the limit of is often way above the base levels of- the additional cover). It is im- fered through the AIIF. PI top-up cover portant to note here that our indemnity limits are, in this instance, top-up insurance policy carries determined as a commercial decision no secondary excess payable by the practitioners and the higher the in the event of a claim that limit, the higher the value of work that exceeds the AIIF base cover. the banks will refer to them. Another This can be a saving to prac- factor for consideration is the type titioners of anything from of work that practitioners do. A look R 15 000 to R 150 000. Our at recent claim trends indicates that extensive market research conveyancing and Road Accident Fund has revealed that a large pro- prescription matters are currently the portion of legal practitioners most common. are under-insured. Firms that do these lines of work are Michael-John Damant, director at Professional indemnity top- statistically seen to be more at risk and Shackleton Risk Management up insurance is, as the name thus we recommend to these clients suggests, a secondary cover that they take out higher indemnity that sits over and above the limits to mitigate this risk. Other fac- cover automatically provided by the tors to consider are the firm’s claims’ he Attorneys Fidelity Fund AIIF. As with the base level of cover, PI history and the average size of the is a fund that through its top-up insurance protects an attorney matter that a firm works on. These non-profit arm, the Attor- from claims arising out of his or her are key indicators in determining an neys Insurance Indemnity professional negligence. Where a claim appropriate level of cover. Shackleton Fund (AIIF), supplies all against an attorney arises as a result Risk Management is conscious of af- practitioners in South Af- of an attorney’s negligent handling of fordability issues and will assist by of- Trica with a base layer of professional a matter, the insurer (insurance com- fering a range of limits to ensure that indemnity (PI) insurance cover of be- pany/underwriter) settles the claim on adequate cover and affordable premi- tween R 1 562 500 and R 3 1250 000. behalf of the insured (the law firm that ums are aligned. The AIIF is in place to settle claims has taken out PI insurance) and the in- In addition to the top-up PI insur- over and above the mandatory pri- sured is relieved of having to pay out ance, we are also able to offer two other mary excess of between R 20 000 and his or her client who suffered a loss as products. The first is fidelity guarantee R 315 000. The amount of cover and a result of the attorney’s negligence. insurance, which protects practitioners the excess payable will depend on the We have noticed a misconception in from theft of their business account number of directors/partners in a law the market where practitioners be- funds or physical assets within a law firm and the nature of the legal work lieve that after a PI claim is paid out, firm by its staff members. undertaken by that firm. This cover is the insurer may then have recourse The second is misappropriation of in place to protect practitioners from against the practitioners themselves. trust fund insurance, which protects liability arising as a result of their neg- This is not the case, as the cover is an practitioners from theft of their trust ligent acts, errors or omissions. Once indemnity policy designed to protect fund monies by dishonest staff mem- the limited cover provided by the AIIF the practitioner. There is no further re- bers or partners. has been depleted, the directors/part- course against the practitioner. Practi- We would be delighted to assist you ners of a law firm become jointly and tioners are urged to seriously consider with all your legal insurance needs. severally liable for any additional li- this top-up insurance because, when a Please contact us at tel: (011) 784 5373, ability in excess of the cover provided claim arises, it can be catastrophic for e-mail us at [email protected] or visit by the AIIF. the partners or directors of the firm. www.shackletonrisk.co.za to find out Our experience in the market has One of the hardest questions that we more. shown a steep upward trend in the get asked by our clients is: ‘What is the number of professional negligence correct level of indemnity to take out?’ Michael-John claims that are being laid against prac- Ultimately, that is a decision for titioners and this is where top-up in- the partners or directors to make, al- Damant SUPPLEMENT TO DE REBUS, JULY 2013 3 Sponsored by Fourie, EH LLB, Mostert & Bosman, Cape Town, 18-12-2012. Frittelli, DW LLB, Schneider Galloon Reef & Co, Cape Town, 1-2-2013. Cape Law Society Fuller, SG BSocSci LLB, ENS, Cape Town, 1-2-2013. Gabula, AN BA LLB, State Attorney, Kimberley, 14-3-2013. Gallo, EE LLB, Knowles Husain Lindsay Inc, Cape Town, 2-11-2012. ADMITTED ATTORNEYS George, JG LLB, Goldberg & De Villiers Inc, Port Elizabeth, 7-3-2013. Abduroaf, M LLB, AJ Hamman & Associates, Mitchell’s Plain, 7-12-2012. Gerstner, T LLB, Le Roux Lamprecht, George, 1-2-2013. Abrahams, CE LLB, Brown Braude & Vlok Inc, Port Elizabeth, 28-2-2013. Gertze, RT LLB, Haupt & Van Zyl, Cape Town, 1-2-2013. Ackerman, ARP LLB, Van Aswegen Attorneys, Cape Town, 1-2-2013. Gilmour, K BSc LLB, Webber Wentzel, Cape Town, 1-2-2013. Adams, GL LLB, Bax Kaplan Inc, East London, 16-8-2012. Gomes, ALDF BCom LLB, Burmeister De Lange Soni Inc, Port Elizabeth, Adams, JP BA LLB, Abrahams Kiewitz, Cape Town, 2-11-2012. 18-4-2013. Adams, L LLB, Webber Wentzel, Cape Town, 1-2-2013. Gqoboka, MA LLB, Legal Aid South Africa, Queenstown, 14-3-2013. Ahmed, E LLB, Schrueder Inc, Cape Town, 3-8-2012. Grerber, G LLB, De Klerk & Van Gend Inc, Cape Town, 14-9-2012. Ainsile, BC LLB, Sellers Attorneys, East London, 11-10-2012. Greyvensteyn, D LLB, Gijsbers Attorneys, Cape Town, 7-12-2012. Altenkirch, I LLB, Gravett Schoeman Van Rensburg & Moodley Inc, East Griffin, G LLB, Millers Inc, George, 23-11-2012. London, 7-3-2013. Grobler, NJ BA LLB, MacGregor Stanford Kruger Inc, Cape Town, 1-2- Augustin, H BCom LLB, 7-12-2012. 2013. Barends, CM BCom LLB, Laäs & Scholtz Inc, Cape Town, 7-12-2012. Groenewald, C BCom (Hons) LLB, Goldberg & De Villiers Inc, Port Eliza- Bath, A LLB, Myburgh & Associates, Cape Town, 1-3-2013. beth, 10-1-2013. Bekwa, TSJ LLB, Legal Aid South Africa, Port Elizabeth, 17-1-2013. Gwaza, L LLB, Mgxaji Inc, Mthatha, 8-8-2012. Bence, S LLB, Boqwana Ntlabezo Inc, Port Elizabeth, 11-10-2012. Harmse, E LLB, Legal Aid South Africa, Stellenbosch, 1-3-2013. Beviss-Challinor, AJ BA LLB, Morkel & De Villiers Inc, Cape Town, 1-2- Hattingh, K BSocSci LLB, Drake Flemmer & Orsmond Inc, East London, 2013. 28-2-2013. Bezuidenhout, DP LLB, Richard Lawrence Attorneys, Port Elizabeth, Hayward, TK BCom LLB, C&A Friedlander Inc, Cape Town, 1-3-2013. 28-6-2012. Hendricks, Z LLB, University of the Western Cape Legal Aid Clinic, Bezuidt, LL LLM, Legal Aid South Africa, Kimberley, 21-9-2012. Cape Town, 7-12-2012. Boonzaier, MA LLB LLM, Ashman Attorneys, Cape Town, 1-3-2013. Herbert, R LLB, Malan Lourens Lemmer Viljoen Inc, Strand, 1-2-2013. Booysen, A LLB, Booysen-MacLeod Attorneys, Kimberley, 8-2-2013. Hess, B BCom LLB, Cluver Markotter Inc, Stellenbosch, 1-2-2013. Booysen, J LLB, Legal Aid South Africa, Upington, 6-2-2013. Heunis, M LLB, Gerhard Stoltz Inc, East London, 10-11-2011. Bosman, KS BA LLB, Ward Ward & Pienaar, Cape Town, 1-3-2013. Hockly, TL BA LLB, Bernardt Vukic Potash & Getz Inc, Cape Town, Bossenger, SJ LLB, Avenant Rappoport Inc, Cape Town, 1-3-2013. 1-2-2013. Botha, D LLB, De Vries Shields Chiat, Cape Town, 7-12-2012. Hoedemaker, CC LLB, Legal Aid South Africa, Cape Town, 7-12-2012. Botha, GE BProc, André Potgieter & Associates, Kimberley, 2-11-2012. Hofmeyr, CJ LLB, HWD Attorneys, Cape Town, 1-2-2013. Botha, M LLM, Marais Hoon Attorneys, Cape Town, 1-2-2013. Hofmeyr, M BCom LLB, Smith Tabata Buchanan Boyes Inc, Cape Town, Botma, NB LLB, Annali Erasmus Inc, Uitenhage, 14-3-2013. 1-2-2013. Bovijn, S BAcc MCom LLB, ENS, Cape Town, 1-2-2013. Horlin, GA BCom LLB, Scheibert & Associates Inc, Cape Town, 7-12- Brand, HM BCom LLB, Fourie Basson & Veldtman, Parow, 1-2-2013. 2012. Brink, VV LLB, Schneider Galloon Reef & Co, Cape Town, 1-2-2013. Hulana, LM BSc LLB, Legal Aid South Africa, Queenstown, 29-11-2012. Broodryk, M LLM, Joubert Attorneys, Strand, 1-2-2013. Isaacs, MA LLB, Lange Carr & Wessels Inc, Upington, 22-3-2013. Brown, CDC BCom LLB, Abrahams & Gross Inc, Cape Town, 1-2-2013.
Load more

Recommended publications
  • To See the Conference Programme
    For all administrative related queries please contact: Ms Jemima Thomas (who will be available on-site on Friday and Saturday evenings) Cell-phone: 073 4888 874 E-mail: [email protected] For additional conference related assistance please contact Ms Vitima Jere Cell-phone: 079 664 7454 E-mail: [email protected] Copyright vests in the authors of the papers All information correct at time of going to press Dear LSA in Africa Delegates, Welcome to South Africa’s Mother City, and the first formal Law and Society conference to be held on the African continent. The Centre for Law and Society, along with the Law and Society Association, is proud to host such an exciting, and diverse, collection of scholars and papers – all focused on the African continent. The idea for this conference germinated at a roundtable held at the 2014 LSA Annual Meeting in Minneapolis, where a large number of scholars convened to discuss how they may envision a more global socio-legal field. The discussion recognised that while LSA had served as a major hub for socio-legal scholars drawn from many countries, existing networks tended to favour themes and ideas that originated in, and primarily benefitted, scholars from the North. From the perspective of scholars from the Global South, any exchange, when it did happen, tended to be rather lopsided, favouring Northern theory and scholarship. The Committee on the 2nd Half Century, appointed by Presidents Michael McCann and Carroll Seron, and led by Eve Darian-Smith and Greg Shaffer, concluded that LSA could take a number of steps to improve this situation.
    [Show full text]
  • 32/18 in the Application Of: the UN SPECIAL RAPPORTEUR on THE
    IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Case No: 32/18 In the application of: THE UN SPECIAL RAPPORTEUR ON THE RIGHTS TO FREEDOM OF PEACEFUL Applicant for leave to ASSEMBLY AND OF ASSOCIATION intervene as amicus curiae In the matter between: PHUMEZA MLUNGWANA First Applicant XOLISWA MBADISA Second Applicant LUVO MANKQO Third Applicant NOMHLE MACI Fourth Applicant ZINGISA MRWEBI Fifth Applicant MLONDOLOZI SINUKU Sixth Applicant VUYOLWETHU SINUKU Seventh Applicant EZETHU SEBEZO Eighth Applicant NOLULAMA JARA Ninth Applicant ABDURRAZACK ACHMAT Tenth Applicant and THE STATE First Respondent THE MINISTER OF POLICE Second Respondent NOTICE OF APPLICATION: RULE 10 PLEASE TAKE NOTICE that the applicant for leave to intervene intends to apply to this Court, on a dated to be determined by the Registrar, for an order in the following terms – 1. The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association is admitted to these proceedings as amicus curiae. 2. The amicus curiae is granted – 2.1. the right to lodge written argument; and 2.2. the right to present oral argument at the hearing of this matter. provided that such argument does not repeat matter set forth in the arguments of the other parties, and raises new contentions which may be useful to the court. 3. Further and/or alternative relief. TAKE NOTICE FURTHER that the affidavit of THULANI NKOSI, together with the annexures thereto, will be used in support of this application. TAKE NOTICE FURTHER that the applicant for leave to intervene has appointed THE SERI LAW CLINIC as his attorneys of record, at the address set out below, where he will accept service of all further notices, documents and other process in connection with these proceedings.
    [Show full text]
  • Working with Men and Boys: Emerging Strategies from Across Africa to Address Gender-Based Violence and HIV/AIDS
    Working with Men and Boys: Emerging strategies from across Africa to address Gender-based Violence and HIV/AIDS Edited by Orly Stern, Dean Peacock and Helen Alexander Produced by Sonke Gender Justice Network and the MenEngage Network Sonke Gender Justice Network Johannesburg Office: Sable Centre, 16th Floor 41 De Korte Street Braamfontein 2017 T: +27 11 339 3589 F: +27 11 339 6503 Cape Town Office: Westminster House, 4th Floor 122 Longmarket Street Cape Town 8001 T: +27 21 423 7088 F: +27 21 424 5645 Email address: [email protected] Web: www.genderjustice.org.za MenEngage Alliance www.menengage.org 2009 Working with Men and Boys: Johannesburg Office: Emerging strategies from Sable Centre, 16th Floor 41 De Korte Street across Africa to address Braamfontein 2017 T: +27 11 339 3589 Gender-based Violence F: +27 11 339 6503 and Cape Town Office: Westminster House, 4th Floor 122 Longmarket Street HIV/AIDS Cape Town 8001 T: +27 21 423 7088 Edited by Orly Stern, Dean Peacock and Helen Alexander F: +27 21 424 5645 Produced by Sonke Gender Justice Network Email address: [email protected] and the MenEngage Network Web: www.genderjustice.org.za MenEngage Alliance www.menengage.org 2009 Contents Setting the context Making Gender Truly Relational: Engaging Men in Transforming Gender Inequalities, Reducing Violence and Preventing HIV/AIDS 8 Working “Gender-based and sexual violence was the daily bread of my life”: with men Pascal Akimana’s Story 23 and boys Men with Guns: Masculinity, Arms, Conflict and Post-Conflict 26 “The war is over.
    [Show full text]
  • PENELOPE (PENNY) ANDREWS Curriculum Vitae
    PENELOPE (PENNY) ANDREWS Curriculum Vitae Address: Valparaiso University School of Law 656 S. Greenwich Street Valparaiso IN 46383 Phone: (219) 465-7847 Fax: (219) 465-7872 e:mail: [email protected] and [email protected] LEGAL AND PROFESSIONAL EXPERIENCE Visiting Professor – Valparaiso University School of Law (2007-2008). Courses: (1) International Human Rights Law; (2) Gender and the Law; (3) The Judicial Enforcement of Socio-Economic Rights. Professor of Law - City University of New York Law School at Queens College (since January 1993- tenured 1998). Courses: (1) Torts, (2) International Law and International Human Rights Law; (3) Comparative Law; (4) Gender and Law. Ariel F. Sallows Professor of Human Rights Law – University of Saskatchewan, Canada (Research Chair - January to December 2005). Course: International Human Rights Law. Visiting Professor – Touro Law School Summer Program, University of Potsdam, Germany (June 2004). Course: Human Rights and Social Justice. Visiting Professor – Columbia Law School Summer Program, University of Amsterdam School of Law (July 2003). Course: American Tort Law in Comparative Perspective. Parsons Visitor – Sydney University School of Law, Australia (Fall 2002). Lectures Series on Human Rights and Transitional Justice. Stoneman Endowed Visting Professor in Law and Democracy - Albany Law School (Spring 2002). Courses: (1) The International Protection of Human Rights; (2) Comparative Perspectives on Race and the Law. Visiting Professor, University of Maryland School of Law Summer Program, University of Aberdeen, Scotland (Summer 2001). Course: Comparative Human Rights Law. Visiting Professor - University of Natal, Durban, South Africa (Summer 2000). Course: Public International Law/Human Rights Law. Visiting Professor - University of Maryland School of Law, Baltimore (Spring 1994).
    [Show full text]
  • Annual Report
    annual report SECOND EDition, 2015 Cape Town Magistrates Court Family Law Helpdesk pg 12 SASLAW Western Cape launches its non-profit company pg 26 You think commitment to society. We think pro bono. Contents Awards 02 Chairman’s Letter 03 Overview 03 Human Rights Celebration 04 Projects 06 Clinics 12 Pro Bono Initiatives 18 Profile 28 Non-profit 31 For the financial year ending February 2015 In Johannesburg and Cape Town offices, Bowman Gilfillan lawyers clocked 8609.62 The total value of our services for the year was R15 542 278 Welcome to our second annual pro bono report. With great pride we celebrate the publication of our firm’s second annual pro bono report which showcases the main areas of our pro bono work for the financial year ending February 2015. It has been a remarkable year for our firm’s pro bono work during which we serviced many individuals and non-profit entities. We hope that you will find this annual report informative and enjoyable to read. Rob Legh It gives me a great pleasure to introduce the second edition of Bowman Gilfillan’s Annual Pro Bono Report. Over the past year we have strived to broaden our Fatima Laher footprint to ensure that our pro bono services reach It has been an eventful, busy and exciting year for all those who are most in need. We also understand the of our firm’s attorneys and administrators involved need for us to bring our pro bono services directly to with pro bono work. We have given valuable and far the public, hence our participation in the Cape Town reaching services to small businesses in Cape Town and Helpdesk Project where we service the helpdesk at the Johannesburg.
    [Show full text]
  • Announcement Bowman Gilfillan Africa Group Appoints African Tax Specialist
    BowmanPress Gilfillan Africa Group appoints African tax specialist Announcement Bowman Gilfillan Africa Group appoints African tax specialist Johannesburg, 19 January 2016: Leading Pan-African law field of tax law. Our aim is to be the leading independent firm, Bowman Gilfillan Africa Group, has appointed Ulla Pan-African law firm in Africa. We are already differentiated Murphy to strengthen its Africa-wide tax offering. by our footprint and the quality of our legal advice and are bolstering our teams in identified growth areas to better Murphy joins the firm as a partner in its Johannesburg Tax support the increasing needs of our clients.” Practice, moving from Absa where she was the Africa Head of Wealth Investment and Insurance Tax. She specialises in Murphy’s experience has covered advising on technical providing advisory tax services, with particular emphasis on tax issues and restructurings, responding to SARS queries, the financial services sector. and reviewing offshore insurance tax calculations and new products for potential tax exposures. Her expertise extends This appointment follows a number of recent lateral hires to commenting on legislative changes and implementing including David Forfar, as head of the firm’s Oil & Gas systems to comply with new tax legislation. She has also Sector Group; John Bellew, as head of its Private Equity been actively involved in African business development Sector Group; James Westgate as a partner in its Private initiatives. Equity Sector Group; and international restructuring expert, Lyndon Norley, who joined the firm as a consultant. Murphy began her career with Deloitte in 2001 where she spent eight years. She has a B.Sc.
    [Show full text]
  • Paginated Bundle 30112016 (Compressed) Part11.Pdf
    597 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 83145/2016 In the matter between: DEMOCRATIC ALLIANCE Applicant and MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION First Respondent MINISTER OF JUSTICE AND CORRECTIONAL SERVICES Second Respondent PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Third Respondent SPEAKER OF THE NATIONAL ASSEMBLY Fourth Respondent CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES Fifth Respondent SOUTH AFRICAN LITIGATION CENTRE Sixth Respondent PROFESSOR JOHN DUGARD AND PROFESSOR GUENAEL METTRAUX Seventh Respondent AMNESTY INTERNATIONAL LIMITED Eighth Respondent PEACE AND JUSTICE INITIATIVE AND CENTRE FOR Ninth Respondent HUMAN RIGHTS HELEN SUZMAN FOUNDATION Tenth Respondent 598 2 NOTICE OF SET DOWN - SPECIAL MOTION ROLL BE PLEASED TO SET the above matter down on the roll for hearing on the Special Motion Roll on 05 AND 06 DECEMBER 2016 at 10:00 or as soon as thereafter as Counsel may be heard as per the directive of the Deputy Judge President of the aforementioned court dated 17 November 2016 annexed hereto as ANNEXURE "A". DATED AT PRETORIA on this zrz:vl day of NOVEMBER 2016. Elzanne Jonker Attorneys for the Applicant Tyger Valley Office Park Building Number 2 Cnr Willie van Schaar & Old Oak Roads BELVILLE Ref: DEM16/0300 JONKER!sw C/0 KLAGSBRUN EDELSTEIN BOSMAN DE VRIES INC. 220 Lange Street Nieuw Muckleneuk PRETORIA Tel: 012 452 8900 Fax: 012 452 8901 e-mail: [email protected]; [email protected] (REF: HUGO STRUWIG I VS I HS000056) 599 3 TO: THE REGISTRAR OF THE GAUTENG DIVISION, PRETORIA AND TO: THE STATE ATTORNEY PRETORIA The First, Second and Third Respondents' Attorneys SALU Building 316 Thabo Sehume Street Pretoria Ref: 7641/2016/Z49 Tel: 012 309 1520 Fax: 086 507 0909 E-mail: [email protected] [email protected] Enq: J Meier (082 940 3938 AND TO: THE STATE ATTORNEY CAPE TOWN The Fourth and Fifth Respondents' Attorneys 22 Long Street Cape Town E-mail: [email protected] 600 4 6oo AND TO: WEBBER WENTZEL Sixth Respondent's Attorneys 90 Rivonia Road.
    [Show full text]
  • ANNUAL REPORT 2014–2015 OPENNESS & ACCOUNTABILITY Intern Story
    ANNUAL LRC REPORT 2014–2015 Contents The Legal Resources Centre’s Vision and Mission 3 Victims of a fraudulent scheme get their homes back 28 Chairman’s report 2014 4 EDUCATION & CHILDREN’S RIGHTS National Director’s report 6 Eastern Cape learners get desks and chairs 29 OVERVIEW 2014 9 Department in process of eradicating Mud LAND, ENVIRONMENT & RURAL DEVELOPMENT Schools 31 Tackling air pollution through emissions standards 9 First opt-in class action gets teachers in Progress in one of South Africa’s largest rural classrooms 34 restitution claims 11 When the registration of a birth can lead to Challenging the Restitution Act 13 discrimination 35 Labour tenants fight for land 15 Overcrowded school gets new classrooms 37 Department tries to avoid paying compensation EQUALITY & NON-DISCRIMINATION to labour tenant 16 The LRC welcomes the findings of the Umsimbithi mining in contravention of legislation 19 Khayelitsha Commission 38 HOUSING & EVICTIONS Court rules that children’s rights trump custom 40 Families get alternative land after eviction 21 MIGRATION LRC challenges rule not allowing children in hostel 23 LRC fights to keep refugee office open 41 Street trader compensated for seizure of his Lindela judgment a victory for migrants in South property 24 Africa 42 Family get house back after it is sold for R10 25 Disabled refugee gets his status back 44 Court declares alternative accommodation rules Court orders Home Affairs to re-interview lesbian unconstitutional 26 asylum seeker 45 LRC ANNUAL REPORT 2014–2015 OPENNESS & ACCOUNTABILITY
    [Show full text]
  • Overview of Recent Pro Bono Cases
    READ ABOUT OUR UPCOMING EVENTS ON OUR WEBSITE : Pro law for all www.probono.org.za Issue 37 Introduction In this issue we provide an overview of the wide range of interesting and significant pro bono cases handled by the IN THIS ISSUE: DECEMBER 2014 attorneys, firms and advocates on our pro bono panel. These cases demonstrate how the constitutional guarantee • Overview of recent pro bono cases contained in Section 34 of the Constitution, stating that everyone has the right to have any dispute resolved by the application of law, decided in a fair public hearing, before a court, is meaningless if people are unable to afford legal representation and are not represented. Pro Bono.Org would like to thank everyone for their pro bono contributions over the past year. We wish you all a restful and rejuvenating holiday and we look forward to another year of increasing access to justice. OVERVIEW OF RECENT PRO BONO CASES HOUSING • Fasken Martineau represented the Human Rights Commission by bringing an urgent application for an interdict against the Gauteng Housing Department (GDH) to prevent the unlawful and inhumane demolition of homes in Lenasia. More than 50 homes were to be demolished, as the GHD alleged that they had been illegally built on government-owned land as a result of fraudsters having sold the stands to homeowners. The for further investigation into the been demolished, personal GDH contracted bulldozers and matter. property destroyed and people began to demolish the homes, assaulted. These evictions took most of which were not listed • Advocate Laurence Broster SC place without a court order, on any court order.
    [Show full text]
  • 231/19 in the Matter Between: SOUTH DURBAN COMMUNITY E
    THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case no: 231/19 In the matter between: SOUTH DURBAN COMMUNITY ENVIRONMENTAL ALLIANCE APPELLANT and MEC FOR ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS: KWAZULU-NATAL PROVINCIAL GOVERNMENT FIRST RESPONDENT CAPITAL PROPERTY FUND LIMITED SECOND RESPONDENT Neutral citation: South Durban Community Environmental Alliance v MEC for Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal Provincial Government (Case no 231/19) [2020] ZASCA 39 (17April 2020) Coram: PETSE DP and PONNAN, SWAIN, MAKGOKA and NICHOLLS JJA Heard: 6 March 2020 Delivered: This judgment was handed down electronically by circulation to the parties’ representatives by email, publication on the Supreme Court of Appeal website and release to SAFLII. The date and time for hand-down is deemed to be 09h45 on Friday the 17th day of April 2020. Summary: National Environmental Management Act 107 of 1998 (NEMA) – s 24 – construction of logistics park – environmental authorisation granted by Department – s 43 of NEMA – unsuccessful appeal to MEC – unsuccessful review on facts of appellate decision of MEC – failure to demonstrate uncontentious and objectively 2 verifiable facts resulting in a different decision – failure to seek review of decision of Department – conflation of grounds of review and appeal – appeal dismissed. ORDER On appeal from: KwaZulu-Natal Division of the High Court, Durban (Vahed J, sitting as court of first instance): Save for setting aside the order of costs of the court below, the appeal is dismissed. JUDGMENT Swain JA (Ponnan JA concurring): [1] The construction of what is described as ‘a logistics park’, located on the site of the old Clairwood Park Racecourse in the South Durban Industrial Basin(the Basin), has given rise to the present dispute.
    [Show full text]
  • Mistreatment and Violence Against Women During Reproductive Health Care with a Focus on Childbirth
    SUBMISSIONS TO THE UNITED NATIONS SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN: Mistreatment and violence against women during reproductive health care with a focus on childbirth Submitted by Mandivavarira Mudarikwa (Legal Resources Centre) Nasreen Solomons (Women’s Legal Centre) Petra Marais (Legal Resources Centre) 17 May 2019 I. INTRODUCTION 1. We refer to the call for written submissions by the United Nations Special Rapporteur on Violence against Women (SRVAW) relating to the Mistreatment and violence against women during reproductive health care with a focus on childbirth. We hereby respond to this call and accordingly provide this submission for consideration in the development of the next thematic report to be presented at the 74th session of the General Assembly in September 2019. 2. We welcome and appreciate this opportunity to make these submissions and to engage with issues related to violence experienced by women in accessing reproductive health care. 3. We note that this Special Rapporteur’s report to the General Assembly will be the first human rights report by a special procedure focused solely on the issue of mistreatment and violence experienced by women in reproductive health care and facility-based childbirth and placing it in the broader context of a continuum of sexual and reproductive rights violations. We wish to commend the SRVAW for this achievement and we very much look forward to reading the report on this critical issue for women. 4. The organisations making these submissions align themselves with the a statement
    [Show full text]
  • The SADC Communications Environment
    Strengthening of economic and trade related capacities and competences in SADC The SADC Communications Environment An Assessment of Communications Policies, Laws and Regulations in SADC Member States Presented to GIZ – Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH Germany / Botswana October, 2013 Assessment of SADC Communications Policies, Laws & Regulations Your contact person within GFA Consulting Group GmbH is Christopher Smith Strengthening of economic and trade related capacities and competences in SADC The SADC Communications Environment: An Assessment of Communications Policies, Laws and Regulations in SADC Member States Short‐ term Report Prepared by: Charley Lewis & Luci Abrahams, LINK Centre, University of the Witwatersrand, Johannesburg http://link.wits.ac.za Address GFA Consulting Group GmbH Eulenkrugstraße 82 22359 Hamburg Germany Phone +49 (40) 6 03 06 – 352 FaxPrepared by:+49 LINK (40) Centre, 6 03University 06 – of119 the Witwatersrand 2 E‐mail christopher.smith@gfa‐group.de Assessment of SADC Communications Policies, Laws & Regulations 4.14 ZAMBIA 4.14.1 TELECOMMUNICATIONS SERVICES Services Framework: Zambia’s 2009 ICT Act distinguishes between “network” and “service” licences. The former “allow the holder thereof to construct, own or make available an electronic communications network, or to provide a network service”, whilst the latter “allow the holder thereof to provide one or more electronic communications services”1299. Whilst electronic communications services are loosely defined, the lengthy definition
    [Show full text]