One complaint alleges state capture. The other alleges racism and sexism.  By Barbara Maregele Judge Neil Tuchten wrote: “Judge Makhubele ought not to undertake any judicial duties until she clears her name of the allegations against her.” Judge Tintswalo Annah Nana Makhubele responded by lodging a complaint against him with the Judicial Services Commission (JSC) that alleges racism and sexism. Then commuter...

Old flag should only be displayed for “genuine artistic, academic or journalistic expression in the public interest” By Ohene Yaw Ampofo-Anti The gratuitous display of the old South African flag now constitutes hate speech. This is according to a ruling by Judge Phineas Mojapelo in the Equality Court which sat in Johannesburg on Wednesday. This means that the display of the old South...

Appointing a special master to assist the Department of Rural Development and Land Reform is not judicial overreach By Zoë Postman and Wilmien Wicomb Labour tenants scored a major victory in the Constitutional Court on Tuesday. A majority of judges in the court upheld the Land Claims Court’s (LCC) order to appoint a special master to assist the Department of Rural Development and Land Reform to...

“This agreement can never make full redress for the loss and harm suffered by gold mine workers and their families and communities over the last 100 years,” says judge By Tania Broughton There was a lot of “give and take” from both sides, but the settlement agreement, which has resulted in a R5 billion compensation fund for gold miners afflicted with Silicosis...

Ruling has implications for the legal concept of derivative misconduct By Wilmien Wicomb On 22 August 2012 a group of Dunlop employees started a protected strike that soon turned violent. Despite an interdict and the intervention of the National Union of Metalworkers of South Africa at the time, the violence escalated. On 26 September 2012 all the employees who participated in the...

Case goes to the heart of the fundamental rights of access to basic education guaranteed by the Constitution, says judge By Tania Broughton They have been fighting a battle for 20 years, but now there is an end in sight for a rural community in KwaZulu-Natal who have obtained a supervisory court order forcing education authorities to finally build them a secondary...

Judge refuses to grant access to documents By John Yeld Cape High Court Judge Judith Cloete dismissed with costs a discovery application brought by three of six defendants ahead of a defamation case totalling R9.25m. The six are being sued by Australian mineral sands mining company Mineral Commodities Ltd (MRC); its executive chairman, venture capitalist Mark Caruso; MRC’s South African subsidiary Mineral Sands...

But some mines will continue to fight class action suit By Ciaran Ryan Lawyers for thousands of gold miners afflicted by silicosis or tuberculosis lined up on the side of six mining groups this week to ask the Gauteng High Court to approve a R5 billion settlement agreement. The agreement provides for the payment of benefits worth R5 billion to mineworkers and the...

Durban mayor Zandile Gumede and her cronies present accumulating private wealth from the public purse as “radical economic transformation”. But corruption charges against the mayor could bring positive change for shack dwellers, street traders and flat dwellers – those most opposed to her. By Greg Ardé The arrest of Zandile Gumede, the mayor of the eThekwini Municipality, has shifted national attention...

Substantial changes made to means testing to account for inflation and the rising cost of living By Kristine Liao Legal Aid South Africa, which provides tax-funded legal aid to the poor, amended its means test on 1 April, enabling more people to qualify for legal assistance. Legal Aid provides independent legal aid services in criminal and civil legal matters. Its means test is...