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Sensational start to 2020 legal year

21 January 202022 January 2020
by Carmel Rickard

Few South African courts have yet issued judgments this year, but the legal world is far from bored. A sensational affidavit, sworn by the deputy judge president of the high court in Cape Town, Patricia Goliath, has thrown open the tensions among judges of the Western Cape High Court, and, most particularly, the alleged abuse of power, racism and unconstitutional behaviour of that court’s judge president, John Hlophe.

Western Cape High Court Deputy Judge President Patricia Goliath has sent her complaint in the form of an affidavit to the Judicial Service Commission. She asks that the commission investigate her allegations, almost all of which relate to the behaviour of the judge president of the division, John Hlophe, and his wife, Judge Gayaat Salie-Hlophe.

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World Day against the Death Penalty – editorial

11 October 2019
by Carmel Rickard

Our lead story this week is the most extraordinary tale of one man’s devotion to judicial independence. It is about a judge in Thailand who decided on death rather than dishonouring his oath of office. But, like the two other stories, it is also about the death penalty.

Judge Khanakorn Pianchana had found he should acquit the accused on trial before him. Before he could deliver his judgment, however, the chief judge ordered him to change his verdict: Instead of acquittal, three of the accused were to be sentenced to death; the other two to life imprisonment. Had he agreed to this, not only would he have violated his oath of office in obedience to political demands, he would also have sent three people to death row, unconvinced that they were guilty.

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Thai judge shoots himself in court: protest at ‘political interference’

11 October 201921 January 2020
by Carmel Rickard

When Thai judge Khanakorn Pianchana reached the end of the judgment in a case he had been hearing, he read out a statement. He next walked from the bench to bow before a portrait of Thai King, Maha Vajiralongkorn. Then he took a pistol from his pocket and shot himself. He was immediately rushed to hospital where he is now reported as out of danger. But what caused the judge to take such dramatic and potentially fatal action?

The case before Judge Khanakorn Pianchana involved five people charged with offences including murder, illegal association and certain gun-related offences. They were arrested two months after the shooting of five people in the remote Bannang Sata district. Three of the accused were charged with the murders and the remaining two with being accomplices.

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We can’t change death penalty – Tanzanian High Court

11 October 2019
by Carmel Rickard

A full bench of three high court judges has re-affirmed that the mandatory death penalty in Tanzania is constitutionally valid. No new factors had been given to the court to indicate that anything had changed since the last time the issue was considered by the judiciary, said the judges, so they could not vary the previous decisions or rehear the issue ‘on the same facts’. But, they said, the issue could be taken to the highest court via review if the petitioners felt strongly about the matter.

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Witchcraft trial adds another 7 to Tanzania’s death row

10 October 201911 October 2019
by Carmel Rickard

A recent witchcraft trial in Tanzania has led to a further seven people being added to the well over 500 convicts believed to be on death row. The case illustrates the difficult position in which Tanzanian courts find themselves: the death penalty is still applicable to murder and a few other serious offences and just three months ago the high court declared it was unable to change the law in relation to the death penalty. This despite the country’s president, John Magufuli, declaring that he would be unable to sign the documents required for anyone to be actually executed. He would find it just too difficult to do so, he said. So, while capital punishment has not been carried out for the last 25 years, the courts continue to pass the death penalty, and the numbers of condemned prisoners continues to grow.

Sensational start to 2020 legal year

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World Day against the Death Penalty – editorial

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Thai judge shoots himself in court: protest at ‘political interference’

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We can’t change death penalty – Tanzanian High Court

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Witchcraft trial adds another 7 to Tanzania’s death row

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