David meets the Queen

Professor David McQuoid-Mason, Chair of Street Law SA, recently met the Queen at a Reception for Heads of Commonwealth Organisations at St. James Palace, London on 27 October 2015, prior to the Commonwealth Heads of Government Meeting (CHOGM) in Malta. The function was held by the Queen to thank the Commonwealth organisations for supporting her and the Commonwealth.

For the occasion McQuoid-Mason wore what he calls his ‘Mandela jacket’ designed by Lindiwe Khuzwayo of Durban, which was in colourful contrast to the dark suits worn by the other male participants and attracted the eye of the Queen.

Queen's Reception Electronic Image 151027_CRCHOGMR_SID_1263

Ground-breaking court win for ‘separated’ children

The North Gauteng High Court has ordered that eight ‘separated’ minors be allowed to register for and attend public school. The issue arose after public schools were threatened with fines for allowing these children into school, according to the Refugee and Migrant Rights Programme.

‘Separated’ children have been refused entry into SA public schools over a lack of documentation and status because the Department of Home Affairs does not recognise them as dependents of their caregivers. ‘Separated’ children are defined as those separated from both parents, or from their previous legal caregiver.

After the Minister of Education and the Gauteng MEC for Education decided not to oppose the application, the court ordered that the Department of Education allow these minors to register for and attend public school. Lawyers for Human Rights attorney Neo Chokoe said: ‘This case is ground-breaking in that is has opened doors for many separated children who are unable to study because they are undocumented. The judgment is significant in that … applicants will be allowed to register in schools without permits.’

Education organisations said the effect of the judgment would be to place a greater burden on an already stretched public education system. Nomusa Cembi, of the SA Democratic Teachers Union, is quoted in Beeld as saying the Department of Education would now have to provide schools with teachers that can speak the languages of those learners.‘The learners will obviously attend schools that don’t charge school fees and the department would have to increase their subsidies.’

Fedsas deputy head Jaco Deacon said it was unfair for schools to deal with problems that would now arise, including catching up on work missed. SA Teachers Union head Chris Klopper said all schools had limited water, sanitation and safety resources, as well as teaching capacity. Schools’ obligations cannot continue to increase.

Source: Legalbrief

News updates

Human Rights Watch World Report: Human Rights Watch has released its 2013 World Report. It raises a number of concerns, including torture, lengthy pre-trial detention and the abuse of civilians by military officials, in respect of a number of African countries. The report is available at https://www.hrw.org/sites/default/files/wr2013_web.pdf#page=120&zoom=auto,0,251

International Juvenile Justice Observatory (IJJO): The IJJO has released its January 2013 Newletter. It contains an editorial piece on the International Detention Coalition’s research based on children’s experiences in immigration detention, covering a range of countries, including Somalia and Ethiopia. The newsletter is available at http://www.oijj.org/en/sala-prensa/boletines

Access to justice for women: The International Development Law Organisation has released a manual entitled “Accessing Justice: models, strategies and best practices on women’s empowerment.” The manual contains a number of examples and case studies from women in African countries. The manual is available at http://www.idlo.int/Publications/Women-AccesstoJustice.pdf

Domestic Violence Act to be amended

As published in: Legalbrief Today (27/02/2013)
Category: Policy Watch
Issue No: 3223

Justice and Constitutional Development Deputy Minister Andries Nel has confirmed that the South African Law Reform Commission is in the process of reviewing provisions in the Domestic Violence Act 116/1998, writes Pam Saxby for Legalbrief Policy watch.

When questioned about possible amendments to the Act during an eNews Channel Africa interview last Thursday – having earlier described it as ‘one of the best and most progressive pieces of legislation in the world’ and ‘absolutely groundbreaking’ in its provisions for the protection of women – Nel conceded that, while ‘basically sound’, certain provisions in the Act had resulted in ‘serious implementation problems’. A transcript of the interview was published yesterday on the Department of Justice and Constitutional Development website.

During public hearings on the Dangerous Weapons Bill recently held by the National Assembly’s committee on police, a call was made for a re-evaluation of the statute’s impact on the abuse of women – particularly in view of the burgeoning number of cases of domestic violence across SA.

According to committee chair Annalize van Wyk, who was quoted in a media statement issued at the time, it is ‘clear’ that the Act is not adequately protecting women. With this in mind, she has invited the SA Police Service to identify areas of the Act needing to be amended. Van Wyk also questioned the reasoning behind allowing the perpetrators of domestic violence to own firearms. Civilian Secretariat for Police Act 2/2011 made monitoring and compliance with the Domestic Violence Act one of the Secretariat’s functions.

Inquiry into ‘Marikana Massacre’ opens in South Africa

A retired judge toured the spot where South African police killed 34 striking miners in August as he opened a judicial inquiry into the incident. Street Law Director Prof Steve Naidoo is part of the forensic investigation.

The hearing is being heard in the platinum belt city of Rustenburg, 120km northwest of Johannesburg, the town closest to the Lonmin-owned Marikana mine.

Ian Farlam has four months to uncover the events surrounding the 16 August “Marikana massacre”.

The incident sparked intense criticism not only of the police but also of mining bosses, unions, the ruling African National Congress and President Jacob Zuma.

The names of the 34 dead, most of them from the poor Eastern Cape province, were read out at the start of the inquiry before lawyers for the police, victims’ families and 270 miners arrested after the shootings locked horns over procedure.

The commission and its findings could be politically damaging to Mr Zuma and the ANC, especially if security forces are found to have been as trigger-happy and ruthless as their apartheid predecessors.

However, the inquiry’s four-month timetable means its final findings will come after an internal ANC leadership election in mid-December.

Mr Zuma is expected to be re-elected head of the ANC in the vote – teeing him up to win a second five-year term as South African president in 2014 – although he may face a serious challenge from Deputy President Kgalema Motlanthe.

As well as probing the 16 August shootings, the Marikana commission has a broader remit to look into labour relations, pay and accommodation in South Africa’s mines – issues seen as behind the wildcat strike that preceded the killings.

Source: http://www.rte.ie/news/2012/1001/south-africa-marikana.html

NCR disputes lawyers’ interpretation of in duplum rule

The National Credit Regulator (NCR) has differed with lawyers’ interpretation of a key piece of legislation which forms the lifeblood of SA’s debt collection industry, says a Moneyweb report. The conflict centres on the interpretation of the in duplum rule as contained within the National Credit Act (NCA) – and as sparked by a Moneyweb investigation which revealed an apparent abuse of unsecured borrowers by collection attorneys.

The NCR’s Lesiba Mashapa said the statutory in duplum caps the fees lawyers may charge in connection with the collection of loans. Under the NCA’s extended version of in duplum collection, costs – together with interest and other fees that accrue when the consumer is in default – should not exceed the unpaid balance of the capital amount of the loan. However, the report notes, Mashapa’s interpretation of the law differs fundamentally from the interpretation which is put into practice by the majority of collection attorneys.

Lawyers maintain that in duplum does not include lawyers’ fees, effectively allowing them to charge defaulters amounts well in excess of the principal amount of the loan. This interpretation has allowed for situations where SA workers had been charged apparently exploitative amounts – upwards of 10 times the principal – for the recovery of outstanding debt. By Mashapa’s interpretation, this practice – believed to be widespread – is illegal.

– Extract from Legal Brief, 27/09/2012