Updates

INVITATION TO ENTER THE ISMAIL MAHOMED LAW REFORM ESSAY COMPETITION FOR THE 2013 ACADEMIC YEAR  

The South African Law Reform Commission, in partnership with Juta, invites law faculties and all LLB and LLM students to participate in the Ismail Mahomed Law Reform Essay Competition for the 2013 academic year. The purpose of the Competition, named in honour of the late Chief Justice and former Chairperson of the South African Law Reform Commission, is to encourage critical legal writing by students while generating ideas for law reform which are aligned toSouth Africa’s priorities as a developmental state.

The Competition is open to all LLB and LLM students registered at a South African university in the 2013 academic year.

The 2013 Ismail Mahomed Essay Competition marks ten years since its establishment in 1999.  The competition was held in the years 1999, 2001, 2002, 2004, 2008, 2009, 2010, 2011, 2012 and now in 2013.

In commemorating the ten year anniversary of the Competition, Juta has graciously increased the prizes and also included some incentives for the participants.  The total value of the prizes offered in the competition this year has been increased to R70 000. 00. Each of the winners in the LLB and the LLM categories will receive an Incredible Connection or book voucher to the value of R20 000.00; or  a one year subscription to Juta’s South African Law Reports  1947-date on CD-ROM. The runners-up for both the LLB and LLM will each receive an Incredible Connection or book voucher to the value of R10 000.00 or one year subscription to Juta’s Statutes and Regulations of South Africa on CD-ROM. There are also credit vouchers to the value of R2 500.00 for each of the winners’ supervisors and law faculty.  There will also be a prize draw for one winner who will be drawn from the names of participants who submit their essays before 31 July 2013.  The winner of this prize will receive a mini iPad.

Essays can be on any topic relating to the modernisation, improvement, development, or reform of any aspect, area or branch of South African law. Entries should be in English and be between 4000 and 6000 words in length. Abbreviated versions of completed LLB and LLM dissertations will also be accepted. The essays will be judged by a panel of judges appointed by the South African Law Reform Commission.

The winners and the supervising lecturers, as well as the runners-up, will be hosted at a function sponsored by the South African Law Reform Commission at which occasion the prizes will be awarded.

Entries for the Competition should be submitted not later than 30 September 2013 to:

The Secretary

South African Law Reform Commission

Private Bag X668

Pretoria

0001

Tel: 012 622 6336

Email:  jjoni@justice.gov.za

Invitation – all welcome

The annual Ben Beinart lecture will take place on Tuesday April the 16^th at 17h45 in the Oliver Tambo Moot Court on level 5 of the Kramer Law Building, Middle Campus, UCT. There will be drinks and snacks beforehand at 17h15 in the common room.

Prof Hector McQueen, currently a Scots Law Commissioner on leave from the University of Edinburgh, will give the lecture. The title of his lecture is ‘Ae fond kiss: a private matter’. The paper considers the background and legal implications contemporary and current of an 1804 case in the Scottish Court of Session, in which the publication of letters between the poet Robert Burns and the love of his life known as Clarinda was prohibited by the court. This continues Prof MacQueen’s work on the protection of privacy as an aspect of personality. Privacy has, of course, long been protected at common law in South Africa and now enjoys enhanced protection in s 14 of the Constitution. It is an issue of great contemporary importance in public, private and commercial law, as current debates over the Protection of Personal Information Bill and the General Intelligence Laws Amendment Bill illustrate. Prof MacQueen’s lecture provides an opportunity to look into the mirror of comparative law, past and present, and to seek to draw lessons for privacy protection today. He will also refer to South African law.

Prof MacQueen’s full CV can be found at http://www.law.ed.ac.uk/staff/hectormacqueen_53.aspx.

Prof MacQueen was Dean of the Law School at the University of Edinburgh 1999-2003. He is currently on leave of absence January 2010-September 2014, having taken up an appointment as a Scottish Law Commissioner. Professor MacQueen has previously held visiting appointments at Cornell University in the USA, the University of Utrecht in the Netherlands, and Stetson University College of Law (‘Florida’s first law school’). He has been a Fellow of the Royal Society of Edinburgh since 1995 and was elected a Fellow of the British Academy in 2006. Professor MacQueen is President of the Society of Legal Scholars 2012-2013. He was Vice-President (Humanities) of the RSE 2008-2011 and is currently a member of the Law subject standing committee of the British Academy.

Please RSVP to pauline.alexander@uct.ac.za for catering purposes.

The original memorandum of understanding between the CAR and South Africa can be found here.

HUMAN RIGHTS DAY STATEMENT
20 March 2013

In the year since the last Human Rights Day, our world has changed dramatically. South Africa is no longer the country it was a year ago. We have entered a precarious new period of our history in which some of our worst nightmares return to haunt us.

On 17th August last year, we woke up to a South Africa over which a dark shadow had been cast by a police force that had mown down 34 protesters at Marikana.

As CASAC’s Chairman Sipho Pityana said on that day:

“The photos of the bodies of dead protesters filled me with horror and I was forced to ask myself: Is this 2012 or is it 1985 or even 1976?”

Of course, 21 March is the date chosen as Human Rights Day because of the Sharpeville Massacre of the same date in 1960. And so, now, in 2013 we are forced to face the fact that history has repeated itself – this time not under an illegitimate, Apartheid government but under a democratically elected government.

Sadly, the Marikana Massacre was not the only terrible event to scar the nation in the past 12 months.

Most recently, the grotesquely brutal treatment of Mido Macia by the police, in broad daylight and in full view of scores of witnesses, proved how deeply rooted the culture of violence and abuse of human rights is within our police force.

Sipho Pityana said today:
“The leadership of the SA Police Service has yet to show the appropriate level of remorse and a willingness to take responsibility for what has happened. The testimony of National Police Commissioner, Riah Phiyega before the Marikana Commission of Inquiry on 19 March did little to change this perception. They do not appear able or willing to acknowledge the seriousness of what has happened and the harm that such human rights abuses do to the reputation of South Africa and its prospects of securing dignity and prosperity for all. “

Earlier this year, the savage rape and murder of Anene Booysen shocked a nation – a horrific reminder of the extent to which gender-based violence is endemic in our society.

We fear that these events represent the tip of an iceberg that threatens to undermine our democratic constitutional project.

Urgent action is required.
So, just as happened in 1960 after Sharpeville, we must mobilize support for human rights and challenge those who perpetrate abuses of human rights.

Human Rights Day 2013 must mark the start of a new period in which we collectively re-commit to the vision of the constitution and the values of human dignity, equality and freedom that underpin it.

As retired Justice Zac Yacoob said earlier this week:
“The passing of the Constitution does not mean we have the true recognition of human rights in our society … the fact that the Constitution guarantees them does not mean that we have them. We need to change ourselves and ask whether we are truly non-racial, non-sexist … we do not wish to live in a society where vulnerable people are trampled upon…”

We must say, as we once said before: No More!

No more Anene Booysens! No more Andries Tatanes! No more Mido Macias! No more Marikanas!

The leadership of our country – in government and in the private sector – must stand up and be counted.

Where necessary, as in the case of the police services, they must be held to account.

Above all, the Bill of Rights must be respected.

Enquiries:
Lawson Naidoo
073 158 5736
Lawson@casac.org.za

MEDIA STATEMENT ON THE IMPENDING STRIKE ACTION BY MAGISTRATES

15 March 20133

THERE is currently a matter before the Constitutional Court (see accompanying note below) in relation to the dispute over salary increases for Magistrates and as such; as a Justice of the Constitutional Court, the Chief Justice is not in a position to comment on the matter – pending its finalisation by the Court.

However, the Office of the Chief Justice can confirm that the Chief Justice is in possession of correspondence informing him of the impending strike action by Magistrates on Monday, 18 March 2013.

The Office of the Chief Justice wishes to place on record also that should the strike action materialise; it would be regrettable and that Magistrates would jeopardise the welfare of the very people to whom they are obliged by the Constitution to render a service.

It should also be stated that the Office of the Chief Justice is satisfied that the Magistrates’ Commission, under the able leadership of Judge Francis Legodi; has put in place adequate measures to deal with any disruptions that may arise from the impending strike action.

The Office of the Chief Justice wishes to also state for the record that there are existing and effective official channels through which disputes can be attended to and that the Chief Justice is committed to both the well-being of all Judicial Officers and to ensuring speedy resolution of all matters that affect them and their conditions of service; all within the ambit and dictate of the law.

Ends.

Enquiries

Lulama Luti; Director: Media Relations, Office of the Chief Justice

Tel: +27 (0) 11 359 7537; Cell: +27 (0) 76 424 0667; Email: luti@concourt.org.za

NOTE TO EDITORS / JOURNALISTS

On 19 February 2013 the Constitutional Court heard an application for confirmation and variation of an order of constitutional invalidity and a conditional application for leave to appeal against a decision of the North Gauteng High Court (High Court) by the Association of Regional Magistrates of South Africa (ARMSA).

The application followed on the 26 November 2010 decision by President Jacob Zuma to increase the remuneration of Regional Magistrates and Regional Court Presidents by 5% with effect from 1 April 2010 – based on a recommendation from the Independent Commission for the Remuneration of Public Office Bearers (Remuneration Commission) for a 7% increase.

ARMSA then applied to the High Court to review and set aside the decision of the President.  ARMSA contended that the decision by the President (i) was a reduction in remuneration; (ii) was procedurally unfair; (iii) adopted a “one size fits all” approach in relation to the various public office bearers; and (iv) was unreasonable and irrational because it failed to take into account relevant considerations.

ARMSA sought to have the matter remitted to the President for reconsideration subject to an invitation for representations from Regional Magistrates and Regional Court Presidents. The High Court granted part of the relief sought by ARMSA.

It held that the President’s decision was not an administrative action but was reviewable under the principle of legality.  The High Court upheld only one ground in relation to the “one size fits all approach”.

ARMSA then applied to the Constitutional Court for confirmation and variation of the High Court order.  It also applied for leave to appeal against part of the High Court’s order.  It argued that the matter raised a clear constitutional issue, that there were reasonable prospects of success and it that it was in the interest of justice to grant leave to appeal to the Constitutional Court directly.

The Remuneration Commission opposed the application and sought leave to appeal against the whole judgment and the order of the High Court.

The matter was heard in the Constitutional Court on 19 February 2013 and judgment was reserved.

MEDIA STATEMENT ON THE UPCOMING TRAINING FOR MAGISTRATES ON THE SEXUAL OFFENCES and CHILD JUSTICE ACTS

For Immediate Release

13 March 2013

A TOTAL of about 200 Magistrates from Regional Courts across the country will attend a three-day comprehensive interactive training workshop on the Sexual Offences Act  as well as the Child Justice Act from 14 to 16 March 2013 in Johannesburg.

The aim of the workshop, conducted under the auspices of the South African Judicial Education Training Institute (SAJEI) is to further enhance the skills of Regional Court Magistrates who, in their daily work as Judicial Officers, preside over sexual offences matters that come before their courts.

It is also in line with on-going efforts by SAJEI to equip all Judicial Officers, at all three levels of the Judiciary (Magistrates Courts, Regional Courts and High Courts) with on-going training that will enable them to deliver good quality justice to all citizens.

Amongst other things; Judicial Officers attending this week’s training workshop will be appraised on developments on the Sexual Offences Courts; Judicial case management of sexual offenses and guidelines on case flow management; best practices in dealing with child witnesses and intermediaries and dealing with various evidential aspects in sexual offenses.

Legislation governing trafficking in persons, Sentencing, Constitutional Interpretation, the role of the Constitution and International/Regional Conventions in dealing with children in conflict will also be covered during the workshop which will be addressed by a wide range of renowned speakers including Judges, academics and Constitutional and child justice experts.

Chairperson of the SAJEI Curriculum Committee Justice Yvonne Mokgroro said the seminar would help ensure the strengthening of the skills of Judicial Officers who already preside over sexual offences matters placed before their courts.

“At its most recent Council meeting earlier this month; the SAJEI Council – under the stewardship of Chief Justice Mogoeng Mogoeng and whose members include Deputy Chief Justice Dikgang Moseneke and Deputy Minister of Justice and Constitutional Development, Mr Andries Nel MP – fully endorsed this much-needed training programme,” said Justice Mokgoro.

Meanwhile, in another development aimed at furthering the skills of Judicial Officers, SAJEI hosted a one-day training workshop on Family Court matters that was attended by Senior District Court Magistrates in the Western Cape. This training session covered, amongst other topics; the Domestic Violence and Harassment Acts; as well as the Maintenance and Children’s Acts.

The facilitators included experienced senior Magistrates and distinguished expert on Child Justice issues, Professor Julia Sloth-Nielsen, the Dean of Law at the University of Cape Town.

 Ends.

Enquiries

Lulama Luti; Director: Media Relations, Office of the Chief Justice

Tel: +27 (0) 11 359 7537; Cell: +27 (0) 76 424 0667; Email: luti@concourt.org.za

In commemorating the 10 year anniversary of the Ismail Mahomed Law Reform Essay Competition, Juta has increased the total value of the prizes to R70 000. The competition, organised by the SA Law Reform Commission (SALRC), in partnership with Juta, is open to all LLB and LLM students registered at a SA university in the 2013 academic year. Each of the winners in the LLB and the LLM categories will receive an Incredible Connection or book voucher to the value of R20 000; or a one year subscription to Juta’s South African Law Reports from 1947 to date. The runners-up for both categories will each receive an Incredible Connection or book voucher to the value of R10 000 or one year subscription to Juta’s Statutes and Regulations of SA. E

ssays can be on any topic relating to the modernisation, improvement, development, or reform of any aspect, area or branch of SA law.

Entries must be submitted by 30 September, and will be judged by a panel appointed by the SALRC. For more information, contact the SALRC on (012) 392-9558 or emailjjoni@justice.gov.za 

Full report on the Legalbrief Today site

SHORTLISTED CANDIDATES FOR JUDICIAL POSITIONS

On 21 November 2012, the Judicial Service Commission (JSC) published advertisements in the media calling for nominations of interested persons to fill 11 vacancies in the various superior courts.  On 23 February 2013, the JSC met and compiled a short list of candidates to be interviewed at its sitting to be held in Cape Town on 08-12 April 2013 as follows:

1. Supreme Court of Appeal (Two vacancies)

Judge C M Plasket

Judge H K Saldulker

Judge N P Willis

2. Eastern Cape High Court (Bhisho)(one vacancy)

Ms X B Bacela

Adv C T S Cossie

Adv E Crouse

Mr P P Majeke

Ms B Ndzondo

3. Competition Appeal Court (Judge President) (One vacancy)

Judge President D M Davis

4. Competition Appeal Court (One vacancy))

The JSC decided to defer this vacancy to its October 2013 Sitting.

5. Electoral Court (One vacancy)

Ms S Chesiwe

Adv M J Maluleke

6. North and South Gauteng High Court (Deputy Judge President) (One vacancy)

Judge A P Ledwaba

Judge L M Molopa-Sethosa

Judge C Pretorius

7. North and South Gauteng High Court (Four vacancies)

Adv A J Bam SC

Ms W Hughes

Ms N V Khumalo

Mr B A Mashile

Ms D S Molefe

Ms S S Mphahlele

Mr V R S N Nkosi

Ms L Windell

Adv G C Wright SC

In total, the JSC has shortlisted 23 candidates of which 14 are women.  The shortlisted candidates will be notified of the date, time and venue of the interviews in due course.

Issued by the Judicial Service Commission

Enq: Adv D Ntsebeza SC 0824672490 and Mr C P Fourie 0828811737

26 February 2013

The Judicial Service Commission (JSC) cordially invites the media, both electronic and press to attend the interviews of the five shortlisted candidates for the vacant judicial position in the Constitutional Court which arose as a result of the retirement of Justice Zak Yacoob.  Following the interviews, the JSC will have a media briefing to announce the names of the recommended names on the same day.

The five shortlisted candidates are:

1. Judge L O Bosielo
2. Judge S A M Baqwa
3. Adv J J Gauntlett SC
4. Adv M R W Madlanga SC; and
5. Judge B S Spilg

The interviews will take place as follows:

Venue: Premier Hotel O R Tambo, Kempton Park

Date: 22 February 2013

Time: 09h00

Issued by the JSC

For more Information, please contact Adv Ntsebeza SC on 082 467 2490 or Mr CP Fourie on 082 881 1737

Email: Ntsebeza@mweb.co.za or CPFourie@fsf.co.za

REPUBLIC OF SOUTH AFRICA

JUDICIAL SERVICE COMMISSION

MEDIA ANNOUNCEMENT

SHORTLISTED CANDIDATES FOR CONSTITUTIONAL COURT VACANCY

On 23 October 2012, the Judicial Service Commission (JSC) published an advertisement calling for nominations of interested persons to fill a vacancy in the Constitutional Court which will occur when Justice Zak Yacoob is discharged from active service at the end of January 2013.  The closing date for the nominations was set for 23 November 2012.

Following the closing date, the JSC has compiled a shortlist of candidates to be interviewed for the above-mentioned position as follows:

1. Judge Selby Alan Masibonge Baqwa
2. Judge Lebotsang Orphan Bosielo
3. Adv Jeremy John Gauntlett SC
4. Adv Mbuyiseli Madlanga SC; and
5. Judge Brian Solomon Spilg

The organized legal profession and institutions with an interest in the work of the JSC are requested to submit comments on the abovementioned candidates to the Secretariat of the JSC by no later than 07 February 2013.

The shortlisted candidates will be interviewed on 22 February 2013.  Details of the time and venue for the interviews will be communicated to the shortlisted candidates in due course.

Issued by the Judicial Service Commission

Enq: Adv D Ntsebeza SC 0824672490 and Mr C P Fourie 0828811737

15 January 2013