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Sensational start to 2020 legal year

  • 21 January 202028 March 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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High-ranking accused fail in bid to remove foreign judges

  • 14 May 2019
  • by Carmel Rickard

When Judge Charles Hungwe from Zimbabwe arrived in Lesotho earlier this year to start work on a series of controversial trials, he was given a warm reception in the local media. But matters have changed since then with the accused in some of the cases over which he was due to preside proving rather less than welcoming. In fact, 16 accused due to stand trial before him have brought an application for his appointment – and the appointment of all other foreign judges who might hear the pending cases – to be declared unconstitutional. The 16 accused were led by Lesotho’s former defence minister, Tseliso Mokhosi. Their ultimately unsuccessful application was based on the argument that the foreign judges had been appointed with the connivance of the executive, to ensure the conviction of the accused and their harshest possible punishment, even the possible death penalty. The court however dismissed these allegations as “scurrilous” and “deplorable”, and found that the executive had not acted improperly.

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Give senior lawyer his current tax compliance certificate, high court orders

  • 22 January 201925 January 2019
  • by Carmel Rickard

A PROMINENT senior lawyer in Kenya, Professor Tom Odhiambo Ojienda, has persuaded the high court in Nairobi to order that the country’s tax bosses give him a current tax compliance certificate. This despite the Kenya Revenue Authority’s earlier refusal to do so. The tax authorities say the lawyer owes them a lot of money and so they won’t issue the certificate. But Ojienda told the judge he needed the certificate so that he could contest a seat he wants to keep – on Kenya’s Judicial Service Commission, the body that helps select the country’s judges.

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