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Quotes of the Week
‘Election officials know what they are doing. Everything seems to be going as it should. From a logistical point of view, I didn’t observe anything unusual.’
– Louis Michel, head of the EU's observation mission on the crucial election in Mali
‘She got it completely wrong.’
– Democratic Alliance leader Helen Zille commenting on the party’s parliamentary leader Lindiwe Mazibuko’s support of the Broad-Based Black Economic Empowerment Bill and the Employment Equity Amendment Bill
‘The International Criminal Court was not meant to be medicine that a patient takes to die; it is meant to be medicine that a patient takes to live.’
– Kenya’s Attorney-General Githu Muigai slamming the court’s perceived bias against the continent
‘Africa feels marginalised, like toddlers, whom the international community feels has never learned to walk.’
– Kenyan Foreign Minister Amina Mohamed addressing the same issue
‘I should never have given this provisional report to the ministers. If I was to redo this, I would never give it to them. It was a big mistake. Never in my wildest dreams did I think the ministers in question would go to court.’
– Public Protector Thuli Madonsela on her provisional report on South African President Jacob Zuma’s Nkandla homestead
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Latest judgments online
Supreme Court of Appeal
Mettenheimer & Another v Zonquasdrif Vineyards CC & Others (965/12):(a) Trade Marks Act 194 of 1993 – appellants’ trade mark registered in respect of wine – used by the respondent in the course of trade with reference to wine gr apes – whether goods so similar as to give rise to the likelihood of deception or confusion as contemplated in s 34(1)(b) of the Act. (b) Close Corporations Act 69 of 1984 – whether respondent’s name calculated to cause damage to the appellants as contemplated in s 20(2)(b) of the Act.
Judgment
Supreme Court of Appeal
Nedbank & Another v Procprops (108/13): Banker – payment guarantee – interpretation – provision requiring delivery to bank of original guarantee with first demand for payment – only one payment by bank provided for.
Judgment |
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| The views expressed in this newsletter are a reflection of those contained in the original reports to which they are linked, and are not necessarily those of the International Bar Association, Juta and Company Ltd or Legalbrief. |
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Disclaimer
Any information, including journalistic articles, in this electronic newsletter is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor. For more information, please read our Terms and Conditions. |
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AFRICA FOCUS
General: ICC trial risks destabilising region – AG
The International Criminal Court’s annual Assembly of States Parties (ASP) meeting in The Hague saw Kenyan delegates lashing out at the global court with delegates saying its outcome will determine Africa’s future relationship with the court. Legalbrief reports that the 12th ASP meeting which ends on Thursday has discussed issues of cooperation, complementarity, funding for the court and a proposal by the African Union for the exemption of sitting presidents from trial. Kenya’s Attorney-General Githu Muigai insisted his country had fully cooperated with the ICC, and wondered why its prosecutor kept accusing the east African nation of not giving her the support she requires. ‘Of all the situations currently before the court, I want to challenge anyone to tell the world of a country that has cooperated with the court more than Kenya,’ Muigai said. A report on the allAfrica.com site notes that the AG recalled instances where ICC Prosecutor Fatou Bensouda had repeatedly filed complaints in court, accusing Kenya of not offering her the cooperation she required to firm up her cases against President Uhuru Kenyatta, his deputy William Ruto and radio journalist Joshua arap Sang. ‘These accusations were ridiculous because we had been told by the same prosecutor that she had gathered sufficient evidence ready for the cases, yet on several occasions she turned around to say she is not prepared because the evidence she requires is in Kenya,’ Muigai added, according to the report.
Full report on the allAfrica.com site
Nairobi used its platform at the meeting to warn that the ICC case against its two highest elected officials risks destabilising the East African region. According to a report on the BDlive site, Muigai said the court and its member states were playing ‘Russian roulette’ with his country. He was addressing the ASP in The Hague about the cases against Kenyatta and Ruto. ‘Our country is the lynchpin in the peace and security involving more than 250-million people from Djibouti to eastern Democratic Republic of Congo and everybody in between,’ he told the debate which was called at the request of the African Union. He said Kenya – an ally of the West in the fight against militant Islam in neighbouring Somalia – was a ‘pillar of security’ in eastern Africa, to loud applause from many African delegates, according to the report. It notes Kenya is pressing the ICC’s members for a change in the rules to say that heads of state do not have to attend trials, part of a broader campaign to halt the cases against its leaders.
Full report on the BDlive site
Ahead of the meeting, Kenya poured cold water on the UK’s proposal that Kenyatta and Ruto attend their trials in The Hague through video links. A Standard Digital report says that Kenya’s chair of the Committee on Defence and Foreign Relations Ndung’u Gethenji received permission from National Assembly Speaker Justin Muturi for MPs to attend an ‘emergency sitting’ to discuss the status of Uhuru’s trial at the ICC. The report states Britain’s proposed amendment is being interpreted by MPs as an attempt to scupper Kenya’s backing of the AU push for immunity from prosecution for sitting heads of state. A report on the allAfrica.com site notes that insiders at the meeting say the proposal was backed at a meeting attended by officials from the UK, Russia, France, Italy, Brazil, Norway, Chile, Austria, Romania, South Africa, Greece, Sweden, Netherlands, Belgium, Italy, Mexico, Sweden, Sierra Leone, Guatemala, Finland, Portugal, Romania, Kenya, Germany, Liechtenstein, New Zealand and Norway.
Full Standard Digital report
Full report on the allAfrica.com site
South Africa has urged the court to follow its example and pursue reconciliation rather than formal criminal justice in dealing with Kenyatta and Ruto. The Sunday Independent reports that Pretoria supported the attempt for deferral of cases by the Security Council, but has not declared how it will vote on the proposed amendments. But Deputy Justice Minister John Jeffery gave a hint of government thinking during the debate. He said the assembly had to perform a ‘very delicate balancing act’. While accountability and the fight against impunity were non-negotiable, peace and stability were critical to the ICC attaining its objectives. Jeffery suggested South Africa’s Truth and Reconciliation Commission (TRC) had achieved this balance. ‘I wondered whether South Africa’s miracle solution under the TRC process would have been possible if there was an insistence of following a path of formal justice in criminal courts,’ he is quoted in the report as saying.
Full report in The Sunday Independent
Meanwhile, Business Day says the UN Security Council’s recent rejection of the draft resolution submitted by Rwanda calling for the deferral of the cases against Kenyatta and Ruto, has played the ball deftly back to the AU’s side of the court. In an editorial it notes that the ICC now has to choose between supporting Kenya if it proceeds with a threatened withdrawal from the ICC and accepting the olive branch that has been offered in the form of proposed amendments to the ICC rules. ‘This newspaper strongly urges the AU to grasp with both hands the escape route it is being offered after it painted itself into a corner at an extraordinary AU summit held last month. The intemperate demands that resulted from that summit sent the message that African leaders are more concerned with looking after each other than protecting the rights of the victims of human rights abuses.’
Full Business Day editorial (subscription needed)
In another development, three UK diplomats have been accused of interfering in the ICC cases of Kenyatta and Ruto. BBC News reports that the men were evicted from a hotel meeting in Eldoret in the Rift Valley by a local politician for ‘violating protocol’. Eldoret is the home of Ruto, who has denied all charges against him. The UK says their High Commission officials were in the area to discuss a sports event to promote peace. Daniel Chemno, the deputy governor of Uasin Gishu county, said their presence had raised suspicion that they were on a mission to collect new evidence and recruit additional witnesses to testify in The Hague. The charges against Ruto and Kenyatta relate to violence following the disputed 2007 election, which left some 1 200 people dead, the report notes. It says diplomatic relations between Kenya and the UK are at an all-time low because of the ICC cases.
Full BBC News report
‘A Global Law Faculty in Africa’
The Institute for International and Comparative Law in Africa in the Faculty of Law, University of Pretoria is hosting a short course in Public International Law.
Date: 20 - 25 January 2014
The short course will be directed by Martha Bradley (University of Pretoria); Erika de Wet (University of Pretoria); Annelize Nienaber (University of Pretoria); André Smit (Department of Defence); Dire Tladi (United Nations International Law Commission); and Frans Viljoen (University of Pretoria).
KEY TOPICS INCLUDE: Sources of International Law; States and Territory; Jurisdiction and Immunity; State Responsibility; Human Rights; International Adjudication; International Criminal Law and International Humanitarian Law; International Organizations; International Peace and Security as well as Sea and Air Law.
Applications close by: 13 December 2013
Course fee: R5 850per person; reduced fee of R2 925 for UP graduates.
Inquiries and registration: Penelope van der Westhuizen
Tel: 012 434 2500
Email: info@ce.up.ac.za
For more information on other courses on offer please visitwww.ce.up.ac.za |
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NEWS BY REGION
North Africa
Egypt: Females in the dock over violent protests
Twenty-two females (15 women and seven teenagers) who back ousted President Mohammed Morsi will stand trial for participating in clashes in Alexandria. That’s according to the general prosecutor's office which said the minors will be prosecuted in a juvenile court. A report on the News24site notes that the trial of all the accused will start on Wednesday. The accused allegedly fought with knives and threw rocks at their opponents during the clashes and disturbed public order. Morsi himself went on trial on 4 November on charges related to the deaths of opposition protesters during his presidency, the report states.
Full report on the News24 site
In other developments, Egypt’s public prosecutor has referred ousted President Hosni Mubarak to a new trial on charges of misappropriating public funds to renovate homes. A report on the News24site notes that public prosecutor Ahmed el-Bahrawi also referred two of Mubarak’s sons, two government officials and two contractors yesterday (Sunday) to stand trial with the ex-leader. No date for the trial has been set yet.
Full report on the News24 site
Morocco: Protester’s trial adjourned
The trial of a Moroccan protester who allegedly broke into the compound of Algeria’s consulate in Casablanca and tore down the country’s flag during a diplomatic row was adjourned to Wednesday. According to a report on the News24 site, the incident occurred on 1 November at a demonstration against comments by Algeria’s President Abdelaziz Bouteflika over the disputed Western Sahara. The accused, named only as Hamid N, appeared in court, charged with ‘invading a private property’, after he managed to scale the walls of the consulate and remove the flag. The report says the trial was swiftly adjourned after defence lawyer Salaheddine Benabdellah asked for more time to prepare his case.
Full report on the News24 site
West Africa
Liberia: Editor freed from jail
The editor of one of Liberia’s leading newspapers who was jailed over reports about government corruption said all charges against him had been dropped. According to a report on the News24 site, Rodney Sieh, who publishes Frontpage Africa, was taken into custody on 21 Augustfollowing a Supreme Court ruling that the paper should pay $1.6m for libelling former Agriculture Minister J Chris Toe. The report notes the case drew heavy criticism from international rights groups which accused Liberia of undermining press freedom and creating a climate of self-censorship. ‘Minister Toe's lawyer has dropped all the charges. Frontpage Africa will resume publication,’ Sieh reportedly told AFP.
Full report on the News24 site
Senegal: Insufficient evidence to convict l esbian suspects
A judge in Senegal says there is insufficient evidence to convict four women accused of violating the country's law banning homos exual acts. According to a report on the News24 site, Adama Traore announced the verdict and freed the women. The four women were arrested this month at a restaurant in Dakar's Yoff district. Among them was an assistant director of Women's Smile, the only group in Senegal devoted specifically to advocating for l esbians' rights. Police said the women had been kissing in public, something they denied in court, noting that such behaviour would surely have elicited a hostile response from other diners
Full report on the News24 site
N igeria: 130 Lagos buildings collapsed in five years
The Tribune reports that Lagos State Governor Babatunde Fashola has approved the demolition of several buildings after it was revealed that 130 buildings had collapsed over the past five years. After receiving a tribunal’s report on the crisis, he called for the suspension of engineers who had signed off the faulty buildings, according to the report. The tribunal, headed by architect Abimbola Ajayi, compiled the eight-volume report. ‘It is our job here to ensure that no life is lost when the circumstances are avoidable,’ the governor is quoted in the report as saying.
Full report in The Tribune
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