Hundreds of Court Judgments Are Late
The Office of the Chief Justice has published its reserved judgments list, but only for the first two terms of 2024
Judiciary
Queen Modjadji’s recognition promotes unity, reconciliation
Queen Modjadji’s recognition promotes unity, reconciliation
The recognition of Queen Masalanabo Modjadji VII as the leader of the Balobedu Queenship marks an important moment in South Africa’s history and highlights the value of traditional leadership in promoting unity and reconciliation.
Queen Modjadji, also known as the Rain Queen, is part of a long line of Balobedu rulers famous for their role in rainmaking, a tradition that remains deeply respected to this day.
President Cyril Ramaphosa recently legally recognised Princess Masalanabo Modjadji as the Queen of the Balobedu Queenship – the only legally recognised Queenship in South Africa.
READ | Queen Masalanabo Modjadji legally recognised
The recognition not only honours the cultural heritage of the Balobedu people but also reinforces the importance of traditional leaders in building a stronger and more united South Africa.
Queen Modjadji’s recognition is about more than leadership. It is about protecting traditions that connect people to their history. The Rain Queen represents hope, cultural pride, and unity.
The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
In the same vein, government acknowledges the critical role of traditional leadership institutions in the country’s constitutional democracy and in communities.
As South Africa celebrates Reconciliation Month, the story of Queen Modjadji VII serves as an inspiration. Her reign invites South Africans to reflect on the power of traditional leadership in shaping a future rooted in unity and mutual respect.
In the words of President Cyril Ramaphosa, the recognition of Queen Modjadji VII introduces a new chapter and is a moment of great significance to the rich history of the Balobedu Nation.
Under her reign, Queen Modjadji VII is expected to lead initiatives that address the socioeconomic needs of her people. This as a Presidency in a statement emphasised collaboration between the Royal Family and government to promote development within the Balobedu jurisdiction.
Queen Modjadji VII’s ascension to the throne breaks new ground for women in traditional leadership.
While many traditional leadership roles are held by men, the Balobedu Queenship is unique as it celebrates the leadership of women. Queen Modjadji is a symbol of progress, showing that women can play a central role in both traditional and modern leadership.
In his Women’s Day 2024 address to the nation, President Ramaphosa said that women in South Africa enjoy rights and freedoms under the Constitution including being significantly represented in Parliament, government and the judiciary.
The President’s recognition of Queen Modjadji is testament to this.
Traditional leaders like Queen Modjadji help communities to work together and solve problems. Their role is important in keeping cultures alive, building peace, and addressing challenges faced by communities.
Queen Modjadji’s recognition is not just about the Balobedu nation, it is a win for the whole country as it serves as a reminder that traditional leadership can bring people together and contribute to building a united South Africa.
The recognition is especially poignant as South Africa will mark national Reconciliation Day on 16 December 2023 to promote social cohesion, healing, unity and nation-building. – SAnews.gov.za
DikelediM
Sun, 12/15/2024 - 11:35
98 views
Chikunga commends traditional leaders’ support in the fight against GBVF
Chikunga commends traditional leaders’ support in the fight against GBVF
Women, Youth and Persons with Disabilities Minister, Sindisiwe Chikunga, has commended traditional leaders for their continued support in the fight against gender-based violence and femicide (GBVF).
“We are deeply touched by the unwavering commitment of our traditional leaders who continue to come together to insist that the elimination of GBVF will happen, not in the future - today!” Chikunga said.
She was speaking at the close of the 16 Days of Activism for No Violence Against Women and Children campaign at Ntsimbini Sports Ground in Port St John’s, in the Eastern Cape, on Tuesday.
While 10 December marks the end of the campaign, the day also kickstarts government’s intention to confront the scourge of GBVF in South Africa for 365 days.
Highlighting some of the department’s planned interventions to strengthen the campaign against GBVF, Chikunga said the department will continue to call on and join hands with traditional leaders in the fight against GBVF.
She said the National House of Traditional and Khoisan Leaders are uniquely positioned to lead a community-driven and sustainable response to GBVF.
The Minister expressed her appreciation to King Misuzulu kaZwelithini and all traditional leaders who joined the Goodmen Foundation march against GBVF in Durban, last week.
“The march was not merely symbolic. It is a movement of conviction, a practical expression of Ubuntu - the belief that our humanity is inextricably linked, and none of us is free until all of us are free,” Chikunga said.
Following an engagement with the South African Council of Churches, Chikunga said the department will be ramping up the 16 Days of Activism campaign working with organised religion.
She said the findings of the recently released South African National Gender-Based Violence Prevalence Study: A Baseline Survey on Victimisation and Perpetration, will serve as a guide for immediate action.
“The recommendations of this study will contribute to our ongoing focus on prevention, enhanced protection for victims, and ensuring that perpetrators are held accountable. We are currently incorporating it into our five-year strategic plan for the seventh administration.
“We will also continue to mobilise funding from both public and private sector sources to ensure that our interventions against GBVF are adequately resourced. Support for civil society will be crucial in this regard,” Chikunga said.
This year’s 16 Days of Activism campaign was observed under the theme "Celebrating 30 Years of Democracy Towards Women’s Development”.
During the campaign period, which started on 25 November, South Africa reflected on the strides made, including the challenges overcome, and the victories achieved by the country.
Reflecting on what has been done over the past 30 years, Chikunga said for South African women, the past 30 years have been a continuation of a long and mighty walk, and a journey both tragic and heroic.
“Not long ago, women were considered unfit for careers in fields like science, engineering, medicine, and law. The idea of women serving on the bench also seemed far-fetched due to entrenched patriarchal beliefs, however, over the past 30 years, South Africa’s journey to transform the gender and racial composition of the judiciary has been nothing short of exemplary.
“In the past three decades, South African women have gone from the shaping of our constitutional democracy to the historic ascendance of Justice Mandisa Maya as the first South African woman to occupy the position of Chief Justice and Head of the Constitutional Court,” Chikunga said.
The country has also surpassed gender parity in higher education participation rates, with the production of world-renowned women as agriculture industrialists, entrepreneurs, aviators, mariners, engineers, and artists.
The country has further made significant strides in ensuring equal representation in decision-making and law-making structures. Today, women hold 43.5% of the seats in Parliament, occupying 171 out of 400 seats, an increase from 28% representation in 1994.
In the current administration, 42.66% of Executive Members are women. - SAnews.gov.za
GabiK
Wed, 12/11/2024 - 12:23
84 views
Sexual Harassment Complaint Against Eastern Cape Judge President Set for January
But the public will not have access to all the evidence
Our Justice System Is Grinding to a Halt
Simple cases are taking years and years to be finalised
G20 Presidency to establish three dedicated task forces
G20 Presidency to establish three dedicated task forces
President Cyril Ramaphosa has announced that South Africa’s G20 Presidency will pursue progress on cross-cutting issues through the establishment of three dedicated task forces.
Speaking during the launch of the G20 Presidency on Tuesday, President Ramaphosa said the first task force is on Inclusive Economic Growth, Industrialisation, Employment and Reduced Inequality.
The second task force is on Food Security, while the third task force is on Artificial Intelligence, Data Governance and Innovation for Sustainable Development.
WATCH |
“It is critical for South Africa that the G20 remains focused on its core responsibilities to address global economic and financial challenges. It should not replace existing international institutions and platforms, such as the United Nations and associated bodies.
“At the same time, G20 initiatives should support, not diminish, the responsibilities that countries have to deliver on the Sustainable Development Goals, climate action and other commitments,” the President said.
To ensure that the G20 remains focused, the President said that South Africa will not create any new working groups or permanent structures.
“We will build on previous presidencies and provide momentum to existing structures and processes. We will reflect on the impact of the G20 over the last 20 years and positioning it to enhance its impact over the next 20-year cycle,” he said.
The President emphasised that it is important for South Africa that its G20 Presidency is inclusive.
“Dialogue with civil society and other non-government institutions will be conducted through various engagement groups. These engagement groups are organised according to sectors, such as business, labour, civil society, parliamentary bodies and the judiciary.
“These engagement groups also include science bodies, think tanks, and audit institutions, as well as institutions of higher learning, specific groups for women and youth including vulnerable groups,” he said.
President Ramaphosa said the nation also intends to support the creation of a new engagement group, Township20 (TS20), to spotlight the potential of South Africa’s township economies.
“This will highlight the creative, cultural, financial and innovative capacities that our own country has to give when it comes to small and medium enterprises as well as cooperatives and how these operate in rural areas as well as townships where our people live,” he said.
Following Brazil’s example, South Africa will host a G20 Social Forum, amplifying the voices of civil society, women, youth and vulnerable groups.
“South Africa firmly believes that civil society serves as a bridge between the G20 leaders and the people who have the greatest interest in their deliberations,” the President affirmed.
Looking ahead to the Leaders’ Summit
The G20 Presidency will culminate in the Leaders’ Summit in Johannesburg in November 2025, where world leaders will adopt a declaration outlining collective actions to address critical global challenges.
With over 130 meetings planned across all provinces, and thousands of delegates expected, the G20 Presidency presents an opportunity to showcase South Africa’s potential and hospitality.
“The G20 Presidency is an opportunity to present to the world the great opportunities and experiences that South Africa has to offer. We look forward to welcoming our friends and partners to our beautiful country,” the President said.
South Africa assumed the Presidency of the G20 on 1 December 2024, marking a historic milestone as the first African country to lead this influential group of the world’s largest economies.
This Presidency is not only a significant moment for South Africa but also for the African continent and the Global South, amplifying their voices on the global stage, while advancing shared goals of economic growth, sustainability and equality. – SAnews.gov.za
DikelediM
Tue, 12/03/2024 - 13:02
399 views
Take the gloves off gender-based violence and femicide
Take the gloves off gender-based violence and femicide
By Neo Semono
Violence, particularly against women and children, continues to be a sting on our collective South African skin, and it is a battle that requires our collective effort to win, writes Neo Semono.
Many have lost a mother, sister, colleague, child or sibling at the hands of an abusive father, husband, boyfriend, stranger or other perpetrator, as a result of the battle scars inflicted by the heinous crimes of gender-based violence and femicide (GBVF).
Those fortunate enough to escape with their lives heal from the physical pain inflicted, but the unseen emotional wounds of their ordeal often continue to haunt them.
Nobody should have to live like that, but sadly, many do.
Today, the country begins the annual commemoration of the 16 Days of Activism for No Violence Against Women and Children Campaign. The United Nations campaign, which South Africa adopted in 1998, aims to eliminate all forms of gender – based violence. Children were included in the campaign in 1999.
Twenty-six years since the adoption of the international campaign, many will say that the country is losing the battle against GBVF with crime statistics showing that GBVF cases rose from 126 508 in 2021/22 to 132 110 in 2022/23. The third quarter of 2023/24 saw 100 954 cases being reported.
Additionally, news bulletins frequently report the murders, rapes and deadly assaults of women at the hands of their intimate partners too often. This not only affects able-bodied women, but also women with disabilities, children and also the lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual (LGBTQIA+) community. This scourge spares no one.
The recently released South African National Gender-Based Violence Prevalence Study: A Baseline Survey on Victimisation and Perpetration, conducted by the Human Sciences Research Council has revealed the grim reality that about 7 310 389 million women, aged 18 years and older, have experienced physical violence in their lifetime.
At the national Women’s Day celebrations in August, President Cyril Ramaphosa alluded to the then yet to be released report, saying that while many strides have been made, the country remains “highly unequal” with poverty still bearing the face of a black woman who is likely to be unemployed, poor and unskilled.
This as the nature of GBVF encroaches on other aspects of women’s daily lives such as the ability to work.
And while government is doing what it can to fight the scourge of GBVF, the patriarchy of old continues to feed into the environment of violence.
Government alone cannot win this war - it needs you and I and all of society together, to take the gloves of GBVF.
In the 30 years of our democracy, measures have been put in place to improve the status and circumstances of women. This not only to improve their lives, but also as a means to slay the fire-breathing, abusive GBVF dragon that keeps women hostage.
This is because for some women, without their abusive partners, they may not have the economic muscle to look after themselves or their children.
And while the state continues to shoulder criticism for the ongoing GBVF problem, it has continued to provide healthcare including reproductive health for women. The state also provides for social grants that are a much-needed lifeline for some.
Initiatives such as SheTrades and the efforts of various government departments to ensure that 40% of government procurement goes to women-owned businesses are some of the measures in place.
While women are also represented in Parliament and the judiciary, more still needs to be done to lessen the likelihood of women falling victim to possible abusive relationships.
Government has also taken legislative steps to tackle the problem which the President has referred to as a second pandemic (following the onslaught of the COVID-19 pandemic).
This includes the signing of the National Council on Gender-Based Violence and Femicide Bill into law. The act coordinates and provides strategic leadership to the fight against GBV and femicide.
Other legislation includes the Criminal Law Sexual Offences and Related Matters Amendment Act, the Criminal and Related Matters Amendment Act, and the Domestic Violence Amendment Act.
And I agree, that for these laws to be an effective tool, they have to be enforced. Government can do better in this regard.
Government launched the National Strategic Plan (NSP) on GBVF in 2020. The plan is a comprehensive strategy for tackling all forms of violence and abuse against women and children.
Over R20 billion has been dedicated to the implementation of the pillars of the NSP which include the economic empowerment of women.
What is also true is that ending GBVF requires an all of society approach, it requires a change in behaviour in how we treat women and children.
In his July 2020 address to the nation the President said: “As a man, as a husband and as a father, I am appalled at what is no less than a war being waged against the women and children of our country.”
The concern raised by the President and citizens and civil organisations over the prevalence of GBV is not misplaced.
We come from a painful history of violence that has created an environment where, to this day, others are perceived as less important or unworthy within our communities.
For as long as perpetrators do not come to the realisation that everyone deserves to be treated with respect, the laws that have been enacted will have little impact.
To win the war requires a collaborative effort from all sectors of society. We all have a responsibility to report abusers, teach children about gender equality, and sign the Pledge Against Gender-Based Violence and Femicide.
The pledge, which is available on https://www.stateofthenation.gov.za/endGBVF/take-the-pledge commits men to being allies and part of the solution by upholding positive behaviour and attitudes, and taking responsibility for their actions.
The fight back against GBVF must continue. We cannot afford to look away. - SAnews.gov.za
Neo Semono is a Features Editor in the GCIS
Matona
Mon, 11/25/2024 - 13:14
36 views
Ian Blose Was Suspended as an Attorney in 2022. Yet He Is Still a Practising Magistrate
He was also charged in the 2010 “Amigos” corruption case
Mpumalanga High Court to open for business
Mpumalanga High Court to open for business
The Department of Justice and Constitutional Development (DOJ&CD) has advised the public that the Mpumalanga High Court will be open for business on Monday.
The Mpumalanga High Court was recently closed after an inspection by the Department of Labour and the subsequent findings that highlighted health and safety issues with the building.
On Saturday, the DOJ&CD met with the Departments of Employment and Labour (DEL), Public Works and Infrastructure (DPWI), Independent Development Trust (IDT) and the Office of the Chief Justice (OCJ) to determine a course of action in response to issues identified during a recent inspection of the Mpumalanga High Court conducted by DEL.
The prohibition notice was issued on 30 October 2024.
“Following representation made by the departments in relation to the areas identified to be addressed, it was resolved that the prohibition notice shall be suspended for a period of seven working days commencing on Monday, 04 November 2024.
“The suspension of the implementation of the prohibition notice will provide an opportunity for the department to address the issues raised in the prohibition notice,” DOJ&CD said.
The concerns raised by DEL relate to the following specific three areas:
• Ensuring proper ventilation.
• Provision of a report confirming the integrity of the structure.
• Provision of the occupancy certificate.
The departments provided extensive feedback to DEL on matters relating to the prohibition notice and progress thereof.
“It is on the basis of the above that the extension was granted. The department remains committed to resolve the issues raised by DEL including ensuring the safety of staff, judiciary and members of the public.
“The discussions are still ongoing between the parties including the exchange of expert and technical reports to find a long-term solution to matters that were raised. During the suspension period, the department wishes to advise the public that the court will remain open on Monday, 04 November 2024,” DOJ&CD said. -SAnews.gov.za
nosihle
Sun, 11/03/2024 - 11:12
71 views
Magistrate Becomes Witness in His Own Matter
Interpol insisting on an interview forces magistrate to recuse himself from an extradition case
Court Interdicts Are Being Used to Stifle Protest
Mining companies are especially guilty
Call for proactive regulations in the media sector
Call for proactive regulations in the media sector
The Media Development and Diversity Agency (MDDA) has called for proactive regulations to deal with matters of platform accountability, competition and cases of acquisitions in the media sector.
Citing the Multichoice and Canal+ acquisition, MDDA Acting Executive Manager, Lethabo Dibetso, said the acquisition poses a threat to the sustainability of the community media sector due to the Universal Service Fund (USAF) levy paid by Multichoice.
According to media reports, the French media giant has bought shares at the JSE [Johannesburg Stock Exchange]-listed broadcaster.
The MDDA currently receives a majority of its funds from broadcast funders through USAF levies, government grants and interest on investments.
Dibetso explained that Multichoice is one of the biggest contributors to the USAF levy.
“Should the levy fall through, it will be interesting to see if Multichoice will still be a contributor to the USAF levy and what that means for the sustainability of the community media sector,” Dibetso said on Thursday during a panel discussion on media freedom.
The discussion was hosted by Media Monitoring Africa (MMA) and Government Communication and Information System (GCIS) during the 2024 Media Freedom Festival under the theme: “Media for Democracy: Ensuring Access, Accountability and Integrity in Journalism".
USAF was established under the Electronic Communications Act (ECA) to fund projects and programmes that strive to achieve universal service and access to information and Communication Technologies (ICTs) by all South African citizens.
With the MDDA being in business for about 20 years, Dibetso recognised the continuous support the agency has received from commercial broadcasters through the use of the USAF levy.
“If it wasn’t for that continuous support, the community sector would be non-existent. In the past 20 years, we have supported the community media sector with non-financial support of more than R20 million; with financial support [of] R600 million, and we have created direct and indirect jobs through supporting the community media sector.
“We have also assisted with governance training. Governance is critical for the community media sector, and it enables communities to have alternative media platforms,” he said.
Dibetso said there are a lot of community media organisations that have come up with innovative ways to sustain themselves outside of the government grant.
“The economic challenges that the media sector is facing, particularly the print sector, has direct implications for the sustainability of the MDDA and community media.
“The shrinking advertising spend means that a majority of community organisations do not have access to advertising funding.
“The competition by the digital platforms is also taking away from the community media sector, which means that as an organisation we need to knock on different doors to sustain the sector,” Dibetso said.
Ensuring media freedom
He expressed concerns about the lack of mechanisms to protect women working in the media sector.
“We have seen an increase in cyber misogyny in the media. There is an increased attack on women journalists, which poses a challenge for us,” Dibetso said.
Head of Programmes at the MMA, Thandi Smith, echoed Dibetso's sentiments that there ought to be reforms aimed at protecting journalists and media freedom.
“Over the last few years, we have seen an increase in cases against public participation. We have seen prominent cases where these mechanisms are used to silence journalists and clamp down on media freedom,” Smith said.
She said over the last 30 years, the media sector has scored big wins with upholding media principles in policy and litigation areas.
“We have seen how the judiciary has played their part in promoting and upholding media freedom. We saw changes with how media had to apply for permission to cover criminal cases from the presiding judge. That has now changed. The default now is to have open access, unless otherwise stated that it needs to be closed,” she said. - SAnews.gov.za
nosihle
Thu, 10/17/2024 - 12:50
207 views
More tributes for former Judge Heath
More tributes for former Judge Heath
Head of the Special Investigating Unit (SIU), Advocate Andy Mothibi, has expressed condolences to the family and friends of former Judge Willem Heath, following his death this week.
Heath served as the first head of the corruption busting unit. The SIU's foundation can be traced back to 1995 when former Judge Heath led the Heath Commission of Inquiry. The commission’s groundbreaking work revealed a critical gap in law enforcement, highlighting the need for a permanent body to address fraud, corruption, and maladministration - a role the SIU continues to fulfil today.
Under Heath’s leadership, the Heath Commission investigated incidents of fraud, corruption, and maladministration in the Eastern Cape, earning widespread recognition for its achievements. His leadership helped establish a strong stance against corruption and introduced proactive measures to safeguard State resources, solidifying the SIU's role as a guardian of the public purse.
Heath began his career as a prosecutor before establishing a successful private practice, where he made significant contributions to the legal field. Appointed by former President Nelson Mandela in 1995, he played a pivotal role in establishing the Special Investigating Unit (SIU), one of the country’s foremost corruption-fighting agencies.
Under his stewardship, the SIU undertook critical investigations that set new benchmarks for public sector accountability, ensuring that justice and integrity prevailed.
“Former Judge Heath’s unwavering dedication to eradicating corruption and upholding the rule of law has left an indelible mark on our nation’s judiciary and public life.
“As the SIU, we will carry forward Judge Heath’s legacy and values and pledge to uphold the principles of fairness and accountability that the late judge championed throughout his career. His wisdom, fairness, and steadfast commitment to justice will be deeply missed by the members of the SIU, the legal fraternity, and the entire country,” Mothibi said.
The unit paid homage to Heath as a “pivotal figure in the fight against corruption” and for laying the foundation for the formation of the SIU.
“Former Judge Heath, often referred to as ‘the people’s judge’, was approached by former President Nelson Mandela and the then-Minister of Justice, Dullah Omar, to assist the Department of Justice and the Office of the State Law Advisor in drafting the Special Investigating Units and Special Tribunals Act. He subsequently became the inaugural head of the SIU.
“Under former Judge Heath’s leadership, the Heath Commission investigated incidents of fraud, corruption, and maladministration in the Eastern Cape, earning widespread recognition for its achievements.
“His leadership helped establish a strong stance against corruption and introduced proactive measures to safeguard state resources, solidifying the SIU's role as a guardian of the public purse,” the SIU said. – SAnews.gov.za
NeoB
Thu, 10/10/2024 - 14:51
120 views
Tributes for distinguished former Judge Willem Heath
Tributes for distinguished former Judge Willem Heath
The Ministry of Justice and Constitutional Development has paid tribute to former Judge Willem Hendrik Heath who died this week.
Heath died in Cape Town on Thursday.
“Judge Willem Hendrik Heath embodied the highest principles of justice and integrity. His relentless fight against corruption established a gold standard for accountability in South Africa, leaving an indelible mark on our legal landscape. We have lost a remarkable advocate for transparency and good governance.
“On behalf of the Ministry, we extend our heartfelt condolences to Judge Heath's family, the Judiciary, his friends, and colleagues. His lasting impact on the legal landscape and his relentless pursuit of justice will always be remembered. May his soul rest in eternal peace,” Justice and Constitutional Development Minister Thembi Simelane said.
The Ministry hailed Heath’s contribution to the South African law fraternity.
“The Ministry…expresses profound sorrow at the passing of Judge Willem Hendrik Heath, a distinguished legal figure whose unwavering commitment to combating corruption and maladministration will resonate throughout South Africa’s history.
“Judge Heath began his career as a prosecutor before establishing a successful private practice, where he made significant contributions to the legal field. Appointed by former President Nelson Mandela in 1995, he played a pivotal role in establishing the Special Investigating Unit (SIU), one of the country’s foremost corruption-fighting agencies. Under his stewardship, the SIU undertook critical investigations that set new benchmarks for public sector accountability, ensuring that justice and integrity prevailed.
“Judge Heath’s dedication to the rule of law was evident throughout his illustrious career. His legacy continues to inspire legal professionals committed to justice. His courage and integrity in the face of adversity, along with his significant contributions to legal reform and public sector accountability, are widely recognised,” the Ministry said. – SAnews.gov.za
NeoB
Thu, 10/10/2024 - 10:42
126 views
Chief Justice Raymond Zondo: A Legacy of Integrity Amidst a Judiciary Under Siege
As Chief Justice Raymond Zondo steps down, the air in South Africa’s judicial corridors is thick with anticipation—and a touch of bitterness. After decades of service, Zondo leaves behind a legacy that is as complex as it is commendable, but his retirement also underscores the deep fractures and ongoing struggles within the country’s legal system. …