1La Raison D'etat Dans La Rome Antique
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Truth and Reconciliation Commission of South Africa Report: Volume 2
VOLUME TWO Truth and Reconciliation Commission of South Africa Report The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku I CONTENTS Chapter 1 Chapter 6 National Overview .......................................... 1 Special Investigation The Death of President Samora Machel ................................................ 488 Chapter 2 The State outside Special Investigation South Africa (1960-1990).......................... 42 Helderberg Crash ........................................... 497 Special Investigation Chemical and Biological Warfare........ 504 Chapter 3 The State inside South Africa (1960-1990).......................... 165 Special Investigation Appendix: State Security Forces: Directory Secret State Funding................................... 518 of Organisations and Structures........................ 313 Special Investigation Exhumations....................................................... 537 Chapter 4 The Liberation Movements from 1960 to 1990 ..................................................... 325 Special Investigation Appendix: Organisational structures and The Mandela United -
South Africa, Republic Of
Cape Town Photo courtesy of Morne Venter. South Africa, Republic of GRANT LOTTERING Grant Lottering, B.A. (Helderberg College of Higher Education), currently serves as an assistant researcher at the Ellen G. White Research and Heritage Center of the Southern Africa-Indian Ocean Division. He also pastors two churches for the Cape Conference of Seventh-day Adventists. The Republic of South Africa is one of the countries that constitute the territory of the Southern Africa-Indian Ocean Division of Seventh-day Adventists. Vital Statistics The territory of the Republic of South Africa constitutes the major part of the Southern Africa Union Conference (SAU), within the Southern Africa-Indian Ocean Division (SID) of Seventh-day Adventists. Four of the eight local conferences that comprise the SAU are situated in South Africa. Church Statistics (2019) for South Africa were as follows: Churches –1,195; Companies–426; Members–145,268; Ordained ministers–194; Licensed ministers--95. The headquarters of the church are situated in Bloemfontein, the capital city of the Free State Province. The population of the country is estimated at 58,780,000. Statistics (2019) for the conferences were as follows: Cape Conference: churches–506; members–45,924; ordained ministers–65; licensed ministers–31. Northern Conference: churches–119; members–21,861; ordained ministers–45; licensed ministers–21. Trans-Orange Conference: churches–382; members–57,989; ordained ministers–53; licensed ministers–19. KwaZulu Natal-Free State Conference: churches–186; members–19,494; ordained ministers–31; licensed ministers–24.1 Additional statistics for South Africa (2019) were as follows: Adventist Deaths Per Thousands–1.53; General Population Deaths Per Thousand–9.00; Church Membership Per Ten Thousand Population–25; Population Per Membership Ratio–406; Percentage Net Growth–4 over the last year, and 64 over the last 10 years.2 Overview The Republic of South Africa (RSA) is the southernmost country on the continent of Africa. -
Truth and Reconciliation Commission of South Africa Report
VOLUME TWO Truth and Reconciliation Commission of South Africa Report PURL: https://www.legal-tools.org/doc/ee4d9e/ The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku PURL: https://www.legal-tools.org/doc/ee4d9e/ I CONTENTS Chapter 1 Chapter 6 National Overview .......................................... 1 Special Investigation The Death of President Samora Machel ................................................ 488 Chapter 2 The State outside Special Investigation South Africa (1960-1990).......................... 42 Helderberg Crash ........................................... 497 Special Investigation Chemical and Biological Warfare........ 504 Chapter 3 The State inside South Africa (1960-1990).......................... 165 Special Investigation Appendix: State Security Forces: Directory Secret State Funding................................... 518 of Organisations and Structures........................ 313 Special Investigation Exhumations....................................................... 537 Chapter 4 The Liberation Movements from 1960 to 1990 .................................................... -
The Composition, Authority and Jurisdiction of the Court
he Supreme Court of Appeal of South Africa is the successor to the Appellate Division, first established in 1910 when the Union of South Africa was established. The name of the court was changed by the Constitution of 1996. TIn terms of the Constitution, the Supreme Court of Appeal • functions only as a court of appeal • may decide any matter on appeal and, • is, except for constitutional matters, the highest court of appeal. The Supreme Court of Appeal has constitutional jurisdiction but the Constitutional Court • is the highest court in all constitutional matters, and • may decide only constitutional matters and connected issues. The Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. THE COMPOSITION, AUTHORITY AND JURISDICTION OF THE COURT The court is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. At present there are 24 positions. Decisions of the court are binding on all lower courts. Whereas previously the head of the Appellate Division was the Chief Justice, this is no longer the case. The Chief Justice of South Africa is now the head of the Constitutional Court. The head of the Supreme Court of Appeal is the President. 1 The seat of the Supreme Court of Appeal is at Bloemfontein. Provision exists for a session of the court at another place when by reason of exceptional circumstances it is expedient to hold its sitting there. -
The Appellate Division: 1910 to 1948
SA judiciary years old The Appellate Division: 1910 to 1948 By Ian Farlam, former judge of the Supreme Court of Appeal rom the time it was established in 1910 until 1950, when the Privy Council Appeals Act 16 of 1950 Fcame into force, the Appellate Division of the Supreme Court of South Africa was an intermedi- ate court of appeal from decisions of the various South African courts. This was because the supreme court of appeal for South Africa during that period was the Judicial Committee of the Privy Council, sitting in London. Before the Appellate Division was established, appeals went straight to the Privy Council from decisions of the supreme courts of the Cape, the Transvaal and Natal, while decisions of the superior courts in the Eastern Cape and Griqualand West had first to be taken on appeal to the Cape Supreme Court and those from the Orange River Colony (as the Free State was then called) had first to go to the Transvaal Supreme Court before further appeals were possible to the Privy Council. The need for an intermediate court of appeal to hear appeals from The first Chief Justice was Sir Henry de Villiers, who was made a the various South African courts was felt as early as 1905 when a baron and accordingly became Lord De Villiers and who had been conference of attorneys-general held at Bloemfontein proposed that the chief justice of the Cape since 1873. The ordinary judges of a South African court be set up. In their report on this proposal the appeal were Rose Innes and Solomon and the additional judges of Transvaal judges suggested that action on the proposal be postponed appeal were the newly appointed Judges President of the Cape and for the moment, but they expressed their views on what the compo- Transvaal Provincial Divisions, Christian George Maasdorp and Jacob sition and attributes of the court should be when it was ultimately Abraham Jeremy (Jaap) de Villiers. -
[email protected]
Editor Volume 33, number 1 • April 2020 Franny Rabkin [email protected] Editorial committee Frank Snyckers SC (chair) advocateIphephabhuku labameli basemajajini baseNingizimu Afrika Mushahida Adhikari Mark Euijen SC Dzhenala ya dzangano la vhaadivokati vha Afrika Tshipembe Marilena Maddison Die Suid-Afrikaanse Balietydskrif • The South African Bar Journal Sandhya Mahabeer SC Kgatisobaka ya boadfokata ya Africa-Borwa Jean Meiring Jenali ya magwetha ya vaavanyisi van Afrika-Dzonga Lwandile Sisilana Craig Watt-Pringle SC (ex officio – GCB chair) BAR REPRESENTATIVES FROM THE EDITOR Cape: Dirk Coetsee Free State: Jacyn Mitchley eing a journalist can be a thankless business – everything is our fault (or Grahamstown: Thomas Miller Bthe fault of “The Media” as though we are all one thing); we get everything Johannesburg: Kutlwano Motla wrong, we are captured, we are Stratcom. KwaZulu-Natal: Carol Sibiya, Sarah Worse, sometimes we write stories about things that are horrible, or Pudifin-Jones and Nooreen Nursoo Namibia: Esi Chase sensitive. Sometimes we criticise people we generally admire. Northern Cape: Albert Eillert But while some people will hold it against you (seemingly forever in some North West: John Stander cases), not everyone. Polokwane: Nathi Gaisa The first time I encountered Willem van der Linde was at his first interview Port Elizabeth: Morné Olivier Pretoria: John Holland-Müter before the Judicial Service Commission. When I was canvassing anonymous views Mthatha: Vusi Msiwa beforehand on the candidates, he was spoken of – by almost everyone I asked – in the highest possible terms. His skills were lauded. His contribution and commitment to EDITORIAL INFORMATION transformation was praised by his black colleagues. -
Cyril in a Gwede Trap
AFRICA’S BEST READ November 1 to 7 2019 Vol 35 No 44 @mailandguardian mg.co.za Tito’s ‘mini-budget’: Ask Os du Randt: Harsh reality and A final is how legends hard choices 19 & 20 are born SPORT Cyril in a Gwede THE GOOD NEWS O NPA’s Asset Forfeiture Unit trap recovers nearly R12-billion The O The women healing the divided president needs appeal court the tiger on his O The family finding home team but he cannot on the road ignore the bribe allegations Our stories about the people making South Africa better Pages 6 to 13 Page 3 2 Mail & Guardian November 1 to 7 2019 IN BRIEF Budget Grinch fi nds R1.3bn for NPA ppm Finance Minister Tito Mboweni put in a stel- NUMBERS OF THE WEEK 408.4440 lar bid for the prize of the Grinch with his As of September this is the level of carbon doomsday medium-term budget policy state- dioxide in the atmosphere. A safe number ment speech. But there was a sliver of light, at New Zealand is 350 while 450 is catastrophic least for the National Prosecuting Authority (NPA) and its head, Shamila Batohi, who’s South Data source: NASA complained to all and sundry that she doesn’t Africa have enough money to fi ght state capture. The budget chef dug deep into his pantry and Glug, glug, glug – found R1.3-billion to help the caped crusaders. With tales of looting, maladministration and The amount Sasol will sink us blatant theft a near daily occurrence at the Australia Zondo commission, not to mention the daily Finance Minister Tito Mboweni said on The number of countries that Good news! bread of newspapers for more than a decade, Wednesday that the state spends in a have4 won the Rugby World Cup. -
1108/2016 in the Matter Between YARONA HEALTHCARE NETW
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 1108/2016 In the matter between YARONA HEALTHCARE NETWORK (PTY) APPELLANT LTD and MEDSHIELD MEDICAL SCHEME RESPONDENT Neutral Citation: Yarona Heathcare Network v Medshield (1108/2016) [2017] ZASCA 116 (22 September 2017) Coram: Navsa ADP, Petse & Mathopo JJA & Mbatha & Rogers AJJA Heard: 29 August 2017 Delivered: 22 September 2017 Summary: Condictio indebiti: respondent’s mistakes in making payments inexcusably slack: excusability not a requirement where claimant a medical scheme: respondent proved its impoverishment: if respondent enriched by services provided by appellant, latter should have counterclaimed with condictio indebiti. Prescription: actual or constructive knowledge necessary for prescription to start running that of board of trustees: appellant failed to prove that board had actual or constructive knowledge by relevant date. 2 ___________________________________________________________________ ORDER ___________________________________________________________________ On appeal from: The Gauteng Division of the High Court, Pretoria (Molefe J sitting as court of first instance). The appeal is dismissed with costs including the costs of two counsel. JUDGMENT ___________________________________________________________________ Rogers AJA (Navsa ADP, Mathopo and Petse JJA & Mbatha AJA concurring) Introduction [1] The appellant (Yarona) and the respondent (Medshield) were the defendant and plaintiff respectively in the court a quo. Medshield, a medical scheme registered in terms of the Medical Schemes Act 131 of 1998 (the Act), sued Yarona for R6 110 237, being the sum of various payments made to Yarona over the period 6 August 2007 to 17 July 2009. Medshield alleged that the payments were made in the bona fide and reasonable but mistaken belief that they were owing, whereas in truth they were not, and that Yarona was unjustifiably enriched by the payments and Medshield correspondingly impoverished.