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Annual Report FY17-18
2017/18 The Rhodes Trust Second Century Annual Report 2017/18 Trustees 2017/18 Sir John Hood KNZM, Chairman Professor Margaret Professor Ngaire Woods CBE (New Zealand & Worcester 1976) MacMillan CH, CC (New Zealand & Balliol 1987) Andrew Banks Dr Tariro Makadzange John Wylie AM (Florida & St Edmund Hall 1976) (Zimbabwe & Balliol 1999) (Queensland & Balliol 1983) Dominic Barton Michael McCaffery (British Columbia & Brasenose 1984) (Pennsylvania & Merton 1975) New Trustees 2018 Professor Sir John Bell GBE John McCall MacBain O.C. Robert Sternfels (Alberta & Magdalen 1975) (Québec & Wadham 1980) (California & Worcester 1992) Professor Elleke Boehmer Nicholas Oppenheimer Katherine O’Regan (South Africa-at-Large and St John’s 1985) Professor Dame Carol Robinson DBE Dame Helen Ghosh DCB Trustee Emeritus Dilip Shangvhi Donald J. Gogel Julian Ogilvie Thompson (New Jersey & Balliol 1971) Peter Stamos (Diocesan College, Rondebosch (California & Worcester 1981) & Worcester 1953) Glen James Judge Karen Stevenson (Maryland/DC & Magdalen 1979) Development Committee Andrew Banks, Chairman Bruns Grayson The Hon. Thomas McMillen (Florida & St Edmund Hall 1976) (California & University 1974) (Maryland & University 1974) Nicholas Allard Patrick Haden Timothy Orton (New York & Merton 1974) (California & Worcester 1975) (Australia-at-Large & Magdalen 1986) Dominic Barton Sir John Hood KNZM Lief Rosenblatt (British Columbia & Brasenose 1984) (New Zealand & Worcester 1976) (Massachusetts & Magdalen 1974) Shona L. Brown Sean Mahoney Arthur Scace, CM, QC, LLD (Ontario & New College 1987) (Illinois & New College 1984) (Ontario & Corpus Christi 1961) Gerald J. Cardinale Jacko Maree The Hon. Malcolm Turnbull MP (Pennsylvania & Christ Church 1989) (St Andrews College, Grahamstown (New South Wales & Brasenose 1978) & Pembroke 1978) Sir Roderick Eddington Michele Warman (Western Australia & Lincoln 1974) Michael McCaffery (New York & Magdalen 1982) (Pennsylvania & Merton 1975) Michael Fitzpatrick Charles Conn (Western Australia & St Johns 1975) John McCall MacBain O.C. -
Speculumjuris 2007 Part 1.Pdf
SPECULUM JURIS VOLUME 21 PART 1 2007 ARTICLES “Law and Transformative Justice in Post-Apartheid South Africa”: A Conference to Celebrate the 90th Anniversary of the University of Fort Hare – by Professor Patrick C Osode......................................... 1 Transformative Adjudication in Post-Apartheid South Africa – Taking Stock after a Decade – by Dikgang Moseneke ..................................................... 2 The Horizontal Application of Human Rights Norms – by Johan Froneman......................................................... 13 Post-1994 Administrative Law in South Africa: The Constitution, the Promotion of Administrative Justice Act 3 of 2000 and the Common Law – by Clive Plasket.... 25 Towards a Transformative Adjudication of Socio-Economic Rights – by Sandra Liebenberg............... 41 Judges, Politics and the Separation of Powers – by Francois Venter.......................................................... 60 Judicial Review and the Transformation of South African Jurisprudence with Specific Reference to African Customary Law – by D D Ndima ....................................... 75 From “Repugnancy” to “Bill Of Rights”: African Customary Law and Human Rights in Lesotho and South Africa – by Laurence Juma...................................... 88 The Equality Act: Enhancing the Capacity of the Law to Generate Social Change for the Promotion of Gender Equality – by Nomthandazo Ntlama................................... 113 The National Director of Public Prosecutions in South Africa: Independent Boss or Party -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
Download 2014 Annual Report
Faculty of Law 2014 Centre for ANNUAL Faculty of Law Human Rights REPORT 2 The Centre for Human Rights, based at the Faculty of Law, CONTENTS University of Pretoria, is both an academic department and a non- DIRECTOR’S MESSAGE 4 governmental organisation. ACADEMIC PROGRAMMES 6 The Centre was established in the Faculty of Law, University of Pretoria, in 1986, as part of domestic efforts against the apartheid system of the time. RESEARCH 8 The Centre for Human Rights works towards human rights education in Africa, a greater awareness of human rights, the wide dissemination of publications on human rights in Africa, and the improvement of the PROJECTS 10 rights of women, people living with HIV, indigenous peoples, sexual minorities and other disadvantaged or marginalised persons or groups across the continent. PUBLICATIONS 31 Over the years, the Centre has positioned itself in an unmatched network of practising and academic lawyers, national and international civil servants and human rights practitioners across the entire continent, with a CENTRE PERSONNEL 33 specific focus on human rights law in Africa, and international development law in general. Today, a wide network of Centre alumni contribute in numerous ways to the advancement and strengthening STAFF ACTIVITES 36 of human rights and democracy all over the Africa continent, and even further afield. FUNDING 40 In 2006, the Centre for Human Rights was awarded the UNESCO Prize for Human Rights Education, with particular recognition for the African Human Rights Moot Court Competition and the LLM in Human Rights and Democratisation in Africa. In 2012, the Centre for Human Rights was awarded the 2012 African Union Human Rights Prize. -
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 -
Top Court Trims Executive Power Over Hawks
Legalbrief | your legal news hub Sunday 26 September 2021 Top court trims executive power over Hawks The Constitutional Court has not only agreed that legislation governing the Hawks does not provide adequate independence for the corruption-busting unit, it has 'deleted' the defective sections, notes Legalbrief. It found parts of the legislation that governs the specialist corruption-busting body unconstitutional, because they did not sufficiently insulate it from potential executive interference. This, notes a Business Day report, is the second time the court has found the legislation governing the Hawks, which replaced the Scorpions, unconstitutional for not being independent enough. The first time, the court sent it back to Parliament to fix. This time the court did the fixing, by cutting out the offending words and sections. The report says the idea behind the surgery on the South African Police Service (SAPS) Act was to ensure it had sufficient structural and operational independence, a constitutional requirement. In a majority judgment, Chief Justice Mogoeng Mogoeng said: 'Our anti-corruption agency is not required to be absolutely independent. It, however, has to be adequately independent. 'And that must be evidenced by both its structural and operational autonomy.' The judgment resolved two cases initially brought separately - one by businessman Hugh Glenister, the other by the Helen Suzman Foundation (HSF), notes Business Day. Because both cases challenged the Hawks legislation on the grounds of independence, the two were joined. Glenister's case - that the Hawks could never be independent while located in the SAPS, which was rife with corruption - was rejected by the court. -
Three Essays on Moral Leadership
PENN LAW INTERNATIONAL PROGRAMS BENDING THE ARC OF THE MORAL UNIVERSE THREE ESSAYS ON MORAL LEADERSHIP “The late Supreme Court Justice Thurgood Marshall, for whom I clerked years ago, said it best: We must dissent from the indifference. We must dissent from the apathy….We must dissent from the poverty of vision and the absence of moral leadership." -Crystal Nix Hines at Penn Law on September 23, 2019 25 Years After Apartheid: Looking to the Past; Looking to the Future Justice Sisi Khampepe Diaries from the Field: Children Who Were Soldiers Former UN Under Secretary General Radhika Coomaraswamy Women’s Leadership in Law and Foreign Policy Ambassador Crystal Nix-Hines Radhika Coomaraswamy's "Children Who Were Soldiers: Diaries from the Field" and Justice Sisi Khampepe's "25 Years after Apartheid: Looking to the Past; Looking to the Future" are two separate but interconnected reflections about conflict and the complex narrative of the potential of law and legal institutions to strengthen restorative justice. The third paper by Ambassador Crystal Nix Hines, our former Ambassador to UNESCO, an organization founded on the ashes of the two World Wars to promote international cooperation, examines the role of a disrupter in legal settings: "How can we do that? With deliberate intention. Even the smallest stones disrupt the surface of water, and if a single stoneʼs disruption is mirrored by more and more stones, the face of the water will, eventually, change." These profoundly moving meditations by three recent speakers at the law school are reminders to a diverse community of our connective tissues - grounded in the rule of law- and ways to move forward, even when the past wrongs are unalterable. -
New Chief Justice and Onstitutional Court Justices
JUDICIARY TH I now come to Justice Albie Sachs. What’s to say that hasn’t been President of this court in August 1997 and, in November 2001, Deputy 5 WORLD BAR CONFERENCE said? Chief Justice. He became Chief Justice and head of this court with Justice Sachs has written extensively on culture, gender rights and effect from 1 June 2005. In his four years as Chief Justice he has had the environment. [His] … contribution to the artwork in the court is to deal with impossible challenges to the judiciary. He has done so, in well-documented. our view, with remarkable dignity and strength of resolve in the face He has variously said: of adversity. ‘I heard they’d caught the guy who’d put the bomb in my car. He has said, extra-curially: To this day I don’t know if it was true or not, but I said, ‘’Fantastic, ‘Africa simply cannot afford to … bear more genocides, territorial I’d love to meet him. I’d love to have a human, face-to-face contact wars and war-lordism; the fostering, promotion and use of child The New Legal Challenges: with him.’’ To humanise the relationship. The idea of being almost soldiers to fight in wars designed to satisfy the ambitions of grown blotted out by someone who doesn’t know me, who’s only seen me in men; the wanton abuse and rape perpetrated on women and children; a photograph as an object to be eliminated was unbearable. And I just schemes that result in hunger, starvation and extreme poverty. -
Application to the Tribunal
Application to the Tribunal And as replacement to 2015.010.21 Application UZA with ITNJ General Jurisdiction: Republic of South Africa Court of origin (where appropriate): Constitutional Court of South Africa; Appeal number (where appropriate): Date of filing: 23rd of October 2015 ITNJ File No: 2015.01 - UZA Constitutional Court Case Number: CCT 200/15 Agents Applicant’s agents: court of record: representative real action of we, the people; Unified Common-law Grand Jury of Southern Africa, hereinafter UZA or uza Respondent’s agents: The National Prosecuting Authority of South Africa 1. Details of the applicant Applicant’s full name: Unified Common Law Grand Jury of Southern Africa Original status: Claimant Defendant Intervener ITNJ Form 1 – Application to the Tribunal Page 1 of 21 Petitioner Respondent Agent (if applicable) Name: administrator: brother-thomas-graham:carlsson-rudman prosecutor : miss t bailiwick : jan:lohfeldt Address: Telephone: skype: commonlawsa1 c/o Unified Grand Jury ZA Fax no: ------- P.O. Box 166 DX no: ------- Laezonia Ref: Pretoria Concourt: CCT: 200/15 South Africa, ZA ITNJ: 15.10.23 UZA: 2013/06/S11 Postcode: n/a (jurisdiction) Email: [email protected] and [email protected] and [email protected] How would you prefer us to communicate with you? Via email thank you; Counsel (if applicable) Name: miss t (attorney at law) attorney in fact in this case Address: s/a/a Telephone no: Fax no: Postcode: DX no: Ref: Email: [email protected] How would you prefer us to communicate with you? Email ITNJ Form 1 – Application to the Tribunal Page 2 of 21 2. -
Truth and Reconciliation Commission of South Africa Report
VOLUME THREE 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 Introduction to Regional Profiles ........ 1 Appendix: National Chronology......................... 12 Chapter 2 REGIONAL PROFILE: Eastern Cape ..................................................... 34 Appendix: Statistics on Violations in the Eastern Cape........................................................... 150 Chapter 3 REGIONAL PROFILE: Natal and KwaZulu ........................................ 155 Appendix: Statistics on Violations in Natal, KwaZulu and the Orange Free State... 324 Chapter 4 REGIONAL PROFILE: Orange Free State.......................................... 329 Chapter 5 REGIONAL PROFILE: Western Cape.................................................... 390 Appendix: Statistics on Violations in the Western Cape ......................................................... 523 Chapter 6 REGIONAL PROFILE: Transvaal .............................................................. 528 Appendix: Statistics on Violations in the Transvaal ...................................................... -
Judicial-Officers-An
JANUARY 2021 WOMEN'S EQUALITY AND ECONOMIC RIGHTS JUDICIAL OFFICERS AND ADVOCATES MAPPING Chapter 1: Judicial Officers ........................................... 2 Chapter 2: Judicial Networks and Trainings .............. 26 Chapter 3: Advocate Leaders ......................................31 1 Judicial Officers and Advocates Mapping Significant progress has been made at the international, regional, and national, levels towards advancing the human rights of women and ensuring gender equality across the African continent. There are many different actors, instruments, courts, networks, and leaders committed to the promotion and protection of the rights of women. This Judicial and Advocates Mapping celebrates these advancements in Eastern and Southern Africa and showcases these various actors. The first chapter highlights Judicial Officers who have made noteworthy contributions to jurisprudence regarding women’s equality, property rights, and work rights. The second chapter showcases Judicial Networks and Trainings at the international, regional, and national level who are instrumental in providing educational guidance to the judiciary, lawyers, and court staff on women’s human rights. Finally, the third chapter features Advocates at the regional and national level, who provide seminars, workshops, reports, support, counseling, and strategic litigation to promote women’s access to justice with the goal of ensuring universal respect of women’s rights. This Mapping is a living document, and we welcome updates and additions to fill in any gaps. The list of judges and advocates reflects research conducted up to December 2020. Moreover, it is important to note that the judges featured in this mapping have issued at lease some good judgements on women’s rights and does not necessarily indicate that their judgements in other areas of law have advanced human rights. -
The Judiciary December 2019 | Q3 Issue September 2019 | Q2 Issue
THE JUDICIARY DECEMBER 2019 | Q3 ISSUE SEPTEMBER 2019 | Q2 ISSUE JUDICIARY DAY 17TH NELSON MANDELA ANNUAL LECTURE OFFICIAL LAUNCH OF MPUMALANGA HIGH COURT Judiciary Newsletter 1 2 Judiciary Newsletter NATIONAL OFFICE ADDRESS: 188 14th ROAD, NOORDWYK MIDRAND, 1685 SWITCHBOARD NUMBER 010 493 2500 Judiciary Newsletter 3 TABLE OF CONTENTS 06 Judiciary Day 14 17th Nelson Mandela Annual Lecture 20 Opening the doors to justice for all 22 The role of Courts in a constitutional dispensation 25 Remarks by Judge President Legodi during the opening of the Mpumalanga High Court 27 Risk Influencer of the Year THANKS TO OCJ COLLEAGUES FOR THEIR SUBMISSIONS FOR OCJ COLLEAGUES TO THANKS 29 The Chief Justice speaks 30 SA Judges attend Mediation training in Utah, USA 32 A new chapter for Justice Cameron 34 SAJEI - 9th International Conference on Judicial Training 36 Tribute to Judge van der Linde EDITORIAL STAFF & CONTRIBUTORS Editor: Judge President Dunstan Mlambo Writers: Chief Justice Mogoeng Mogoeng | Acting Deputy Chief Justice Khampepe Judge President Legodi | Ms P Mafenya | Ms LD Ntuli | Ms N Kgatle Photographers: Ms LD Ntuli | Ms P Mafenya | Ms N Kgatle Designer: Ms N Kgatle TheSouthAfricanJudiciary NATIONAL OFFICE: 188 14th Road, Noordwyk, Mindrand, 1685 @OCJ_RSA Judiciary RSA T: +27 10 493 2500 E: [email protected] @OCJ_RSA W: www.judiciary.org.za 4 Judiciary Newsletter Editor Welcome to the holiday season Issue of the Judiciary Newsletter! This time of the year provides an opportunity for reflection on the year that has been and an evaluation of whether we have achieved all that we set out to do when the year started.