| Legalbrief Africa is supported by theOpen Society Initiative for Southern Africa andLegalbrief |
|
Quotes of the Week
‘I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die’.
– Nelson Mandela
‘Tata is still with us. Very strong, as I said very courageous, even in (sic)... lack of a better word, on his death bed, I think he is still teaching us lessons. Lessons in patience, lessons in love, lessons in tolerance. Even when there are moments when you can see he is struggling but the fighting spirit is still there with him.’
– Nelson Mandela’s daughter, Makaziwe Mandela, days before his death
‘He is now resting, he is now at peace. Our nation has lost its greatest son.’
– President Jacob Zuma announcing former President Nelson Mandela's death on Thursday night
‘Certainly, he was exceptional, but the spirit of greatness that he personified resides in all of us.’
– Archbishop Emeritus Desmond Tutu
‘It is now our responsibility to take Mandela’s vision forward. We are not there yet. We still have a long way to walk.’
– Western Cape Premier Helen Zille
Mandela was a politician unrivalled in principle. ‘On certain principles Nelson Mandela cannot be moved. When his term of office as President ended – a lot of people tried to talk him into staying on. However, he was determined to leave office. What a wonderful example on a continent where Presidents have in some cases defied or changed their countries' Constitutions and clung on power for decades.’
– Former UN Secretary-General Kofi Annan
‘The most famous person I never got to meet.’
– Sir Paul McCartney
‘Like any mortal being, I was not perfect.’
– Zimbabwe’s central bank governor Gideon Gono who presided over inflation in excess of 230m percent, announcing he is stepping down after 10 years on the job
‘There are many beautiful ladies working here in Parliament, but don’t be tempted to be intimate with them. Even if you see their cleavage, treat them like colleagues.’
– Gelane Zwane, leader of the Senate in Swaziland’s Parliament urging lawmakers to avoid the temptations of the flesh
‘Henning gone – Nel to (sic) clever for him.’
– Convicted drug dealer Glenn Agliotti in a tweet commenting on Nico Henning being implicated in the contact killing of his wife Chanelle. Gerrie Nel is the prosecutor in the case
‘The process has just caused what we call case hardening. This means the terrain has become poisoned.’
– Public Protector Thuli Madonsela responds to an ANC suggestion that her office leaked a provisional version of her report into the R206m security upgrade at President Jacob Zuma’s home in Nkandla, KwaZulu-Natal
‘Egypt faces dangerous acts of sedition that we must bring to an end.’
– Former Arab League chief Amr Mussa commenting on a new constitution that would consolidate the power of the army. Mussa headed the 50-member drafting committee
|
|
Latest judgments online
Supreme Court of Appeal
Motala & Others v The Master (313/13): Company – dissolution in terms of s 419 of Companies Act 61 of 1973 – application to declare dissolution void in terms of s 420 of Companies Act – effect of – court’s discretion to declare dissolution void – exercise of.
Judgment
Tonkin v The State (938/12): Appeal against refusal of petition for leave to appeal by High Court – question whether this court can entertain appeal on the merits revisited – concluded that it has no jurisdiction to do so – dolus eventualis – element of reconciliation with foreseen harmful consequences materialising – not satisfied by mere fact that perpetrator proceeded with proposed conduct.
Judgment
Kruger v The State (612/13): General Law – r ape – statement of complainant implicating alleged offender made shortly after the incident – such statement and the emotional state of complainant at that time supporting conclusion that she had been r aped.
Judgment
Eastern Cape High Court
Chumlong v The State (A82/2013):Appeal against sentence – rhino horn smuggling – whether trial court exercised its discretion properly in imposing effective sentence of 40 years – 52 rhino horns involved as a result of the killing of 26 rhinos – appeal succeeds – sentence reduced to effective 30 years.
Judgment |
|
| 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. |
|
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. |
|
| |
IBA mourns and celebrates Nelson Mandela
The International Bar Association (IBA) joins the international community in expressing sadness at the announcement of the death of Rolihlahla Dalibhunga ‘Nelson’ Mandela, founding honorary president of the IBA’s Human Rights Institute (IBAHRI) and international ambassador for democracy and freedom. IBA President Michael Reynolds commented: ‘Today, I express the deep sadness of all at the International Bar Association following news of the passing of Nelson Mandela. Our deepest condolences go to his family, friends and to the people of South Africa on losing their “Tata”.’ Reynolds added: ‘Mr Mandela was a distinguished statesman, admired across the globe, and so it is at this sad moment that we also celebrate the life of a man who achieved so much.’
Full IBA statement |
|
|
AFRICA FOCUS
South Africa: International community mourns a fallen giant
All eyes are on South Africa which this week bids farewell to its greatest son under the glare of the international spotlight. Legalbrief reports that the authorities are working around the clock to ensure the safety of more than 50 world leaders, royalty, and hundreds of thousands of mourners expected to attend this week's events across the land. Tuesday’s memorial service and Sunday’s funeral of Nelson Mandela will involve the activation of South Africa's tightest security plan ever and the deployment of thousands of police and soldiers. The Times reports that the plan to secure the world icon’s memorial service, the lying in state and the funeral, and the protection of the huge number of VIP mourners, has been four years in the making. FNB Stadium, where world leaders, including US President Barack Obama, and his wife Michelle, will attend the memorial service, will be in security lockdown. And the Union Buildings in Pretoria, where Mandela's body will lie in state from Wednesday, will be heavily guarded by police and defence force special forces soldiers.
Full report in The Times
Meanwhile, tributes continue to pour in for the prisoner-turned-world statesman:
‘Mandela’s life was the mirror image of the continent for the liberation of which he so relentlessly fought,’ AU chair and Ethiopian Prime Minister Hailemariam Desalegn has noted. The Times reports that he urged Africa to draw lessons from Mandela’s life in order to build a prosperous future. ‘If we fight injustice tooth and nail, if we persevere in the face of atrocities... if we remain committed to the ideals of justice, liberation, and above all the sanctity of human dignity, we can ultimately prevail, no matter the odds stacked against us,’ he is quoted in the report as saying. Religious leaders opened the ceremony with various prayers before a portrait of Mandela surrounded by candles and flowers. African Union chief Nkosazana Dlamini-Zuma, who served as Health Minister under Mandela, hailed him for unifying the continent in the face of racism. ‘The unflinching pan-Africanness of Mandela and his peers across Africa inspired generations,’ Dlamini-Zuma said, according to the report. The African Union ordered its flags to fly at half-mast as it praised the ‘pan-African icon’. A report on the News24 site notes that Presidents Joyce Banda of Malawi, Uhuru Kenyatta of Kenya and Goodluck Jonathan of N igeria also expressed their condolences. Zimbabwe’s former Prime Minister Morgan Tsvangirai also expressed his sadness, saying Africa must uphold Mandela’s legacy, adding that the continent ‘should continue to produce more Mandelas’.
Full report in The Times
Full report on the News24 site
Mandela resisted the trend set by many post-independence African leaders when he stepped down from power after serving one term in office. A report on the News24 site notes that Mandela, who was elected President in the country’s first multiracial elections in 1994, retired after spending five years in office at the age of 75. The report notes that his decision to relinquish power has, however, remained a rare occurrence in Africa as only a few leaders have managed to follow his footsteps. After all, says the report, Ghana, Kenya, Mozambique, Senegal, Botswana and Sierra Leone are the only countries that have had leaders conceding defeat or accepting term limits in the past years. According to the report, analyst Tom Lodge said it was unfortunate that there was still a continued tendency by African leaders to cling on to power even when they were defeated in elections.
Full report on the News24 site
Mandela taught his family that ‘a life lived for others was a life well lived’, even if it meant sacrificing that life for others. In a compelling read on the Mail & Guardian Online site, Advocate George Bizos, Mandela’s lawyer, confidant and friend, describes the icon’s selfless strategy during the Rivonia Trial. He writes: ‘…Mandela, with the concurrence of all his co-accused and the legal team, decided that they would challenge the legitimacy of the regime. He would make a statement from the dock and they would give evidence on oath not only to expose the truth about the oppression of the people of South Africa by an illegitimate regime, but also to appeal to the world at large that they had no choice. They appealed to the world jury to acquit them of any moral wrongdoing and to convict the regime of committing crimes against humanity. They used the courtroom as a forum to proclaim that their cause was just.’ Bizos notes that Mandela was aware that the accused – and he in particular – had adopted was a dangerous step. He writes: ‘At our first consultation, we informed ANC leaders who had been detained for 90 days without trial and Nelson Mandela, who was serving a five-year sentence on Robben Island, that the likely sentence would be death. Their immediate response was that the shadow of the gallows would not deter them from proclaiming to the world they were proud of their actions because they were carried out as a just cause.’ Bizos concludes: ‘With undue humility, he disavows that he was the great leader that brought democracy, freedom, equality and dignity to the people of SA. His concern about the nation, his family, his friends and even those whom some would consider his enemies makes him a great world leader. The lives of all of us who have crossed his path have been enriched. Had it not been for his optimism and leadership, many of us may have given up. It will be hard to find another South African leader to follow him.’
Full article on the Mail & Guardian Online site
Tributes from members of the law profession and other legal professionals in South Africa and around the world continue to stream in. Co-chairs of the Law Society of South Africa (LSSA), Kathleen Matolo-Dlepu and David Bekker, say the attorneys’ profession ‘has lost one of its greatest moral compasses’. In the tribute on the LSSA website, they add: ‘To the world he was an icon, to his family and our nation, a father, but to the attorneys’ profession he was the embodiment of the principles that all in the profession aspire to: reconciliation, social justice and respect for the values enshrined in the Bill of Rights.’ Lawyers, they say, are honoured that Mandela ‘chose to serve in our ranks’. He, along with Oliver Tambo, opened the first black attorneys’ firm in the country, providing hope and dignity to a people given to despair, leading the way for our current generation of attorneys.
Full tribute on the LSSA website
The National Association of Democratic Lawyers: His example was ‘one of unwavering principles, sacrifice for those principles, and commitment to the realisation of a world in which all were treated equally, and with dignity. His example is also one of humility and respect for the community within which he worked to contribute to the liberation of SA. Madiba, together with such giants as Walter Sisulu and Oliver Tambo, showed us that a legal career was a means of effecting societal change.’
The Black Lawyers Association: ‘No amount of words can equal the huge loss the human race has suffered due to the death of the father of the nation’. It notes he ‘put together South Africa when all hope was lost. He was indeed the magical Madiba’. The BLA adds it ‘will forever cherish Madiba’s contribution to our just society and legal system.’ A legal giant, it says, ‘he fought fiercely against discriminatory laws in our courts. He opposed with all his strength the demarcation, by race, of seating arrangement of attorneys in courts. And it is through the contribution and efforts of Mandela that black legal practitioners… can today practise law in the fields of their choice and in the big cities and suburbs free from harassment and possible persecution’.
The Attorneys Fidelity Fund: Mandela remains truly the epitome of a life well lived and ‘a shining example of moral courage at a time when the world and in particular, SA, had lost its way. To the world he was a legend, to us South Africans, a father with infinite wisdom’. It adds: ‘His statesmanship, humility, forgiveness and love were some of his outstanding qualities, which we should all try to emulate everyday, living our lives peacefully and with consideration to others as he would want us to…’. It concludes: That he served as an attorney in his earlier life makes us all the more proud to have watched his legacy grow.’
The International Bar Association (IBA): Mandela became the first honorary president of our Human Rights Institute, established in 1995 to promote and protect human rights under a just rule of law and the right and ability of judges and lawyers to practise freely and without undue interference. IBA CEO Mark Ellis notes that when the institute was founded, Mandela was one year into his term as South Africa’s President and major progressive social reforms were taking place across the country. ‘We were honoured by his acceptance to be a part of the Institute, and we continue to promote and protect, around the world, the principles for which he fought,’ Ellis said.
IBAHRI co-chair, Sternford Moyo, a Zimbabwe lawyer: Mandela’s courage and determination to fight for justice and equality is an inspiration to all. He says: ‘He was an incredible man, who demonstrated enormous courage and sacrifice for the cause and principles in which he believed. His achievements are both within and outside of the political arena, and span beyond the borders of SA. His legacy will remain,’ he added.
Public Protector Thuli Madonsela: Mandela's passion for social justice and human rights was ever-present during his life, and she would always be grateful to him for being instrumental in the establishment of constitutional checks on power. ‘To people of all colour and creed, from all walks of life, across the globe, President Mandela was truly a gift to humanity. He was an embodiment of the best of humanity; a living expression of reconciliation, forgiveness, peace, inclusiveness, wisdom and represented the ultimate example of steward leadership.’ She added: ‘We will always admire him for gladly submitting his administration to the scrutiny of checks and balances such as the courts and institutions supporting democracy when its actions came into question. He did this without treating such important accountability mechanisms as an irritation.’
Deputy Chief Justice Dikgang Moseneke: Mandela was like a father to him on Robben Island. ‘You know that I grew up under Tata on Robben Island. He was like a father there and I was a small, young man. Also, we were prisoners at the same time. And that association has been there forever. It was me who he called out to come and run the elections in 1994 and I have remained a faithful cadre of our country inspired by him.’
Lawyers for Human Rights: South Africans could best remember Mandela by working to continue his life’s work. ‘Mandela's illustrious legacy is what has kept civil society's eye so keenly focused on human rights in SA and across the continent and abroad,’ LHR said. It added it considered Mandela as a role model and shared many of his aspirations of upholding the rule of law, championing the rights of those who did not have the voice to fight for themselves.
The South African Women Lawyers Association: Madiba reached out to the rich and poor. ‘He was a committed freedom fighter … and an inspiration to the nation.’ It added he made an immense contribution to a just society and the legal fraternity, and a selfless cadre committed to issues that affected women in this country.
The South African Human Rights Commission: Mandela’s teachings will guide generations to come. ‘To his end, his words and deeds become increasingly relevant to the rest of us,’ spokesperson Isaac Mangena said. He added Mandela had set the tone for human rights in South Africa and abroad. ‘We celebrate the life of this once aspirant and distinguished human rights activist, who selflessly, and until the end of his life advocated for the culture of human rights in SA and the world.’
|
Comments
Post a Comment