Pretoria High Court Archives - Jean-Jacques Cornish https://jjcornish.com/tag/pretoria-high-court/ The low down on African affairs Thu, 14 Nov 2019 22:00:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://i0.wp.com/jjcornish.com/wp-content/uploads/2020/05/cropped-Fountain_Pen_favicon-812.png?fit=32%2C32&ssl=1 Pretoria High Court Archives - Jean-Jacques Cornish https://jjcornish.com/tag/pretoria-high-court/ 32 32 UNHCR wants a peaceful end to the refugee protest at its Pretoria office https://jjcornish.com/2019/11/unhcr-wants-a-peaceful-end-to-the-refugee-protest-at-its-pretoria-office/ Thu, 14 Nov 2019 22:00:00 +0000 https://jjcornish.com/2019/11/unhcr-wants-a-peaceful-end-to-the-refugee-protest-at-its-pretoria-office/ The United Nations High Commission for Refugees is calling for a peaceful end the occupation of its Pretoria premises by refugees demanding to be moved away from xenophobic attacks in South Africa. The police have displayed the muscle needed to clear off the protestors who insist they won’t go voluntarily. Government has issued a statement […]

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The United Nations High Commission for Refugees is calling for a peaceful end the occupation of its Pretoria premises by refugees demanding to be moved away from xenophobic attacks in South Africa.

The police have displayed the muscle needed to clear off the protestors who insist they won’t go voluntarily.

Government has issued a statement calling on the refugees to abide by Wednesday’s Pretoria High Court ruling giving the refugees three-days to end their sit-in outside the UNHCR office and disperse.

The protesters responded yesterday by storming into the parking lot of the UNHCR premises.

The UN body has give police written permission to enter those premises, protected by diplomatic law, to remove them. 

However it is saying it does not want the police to detain any refugees.

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Government opposing residents application to end refugees protest https://jjcornish.com/2019/11/government-opposing-residents-application-to-end-refugees-protest/ Wed, 06 Nov 2019 22:00:00 +0000 https://jjcornish.com/2019/11/government-opposing-residents-application-to-end-refugees-protest/ Government is opposing a legal bid by Pretoria resident to clear off refugees protesting outside the United Nations High Commission for Refugees. The matter has been postponed until next Wednesday to allow the SA police service and Home Affairs Department time to file papers explaining why they can’t implement the  residents’ demands. When the Pretoria […]

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Government is opposing a legal bid by Pretoria resident to clear off refugees protesting outside the United Nations High Commission for Refugees.

The matter has been postponed until next Wednesday to allow the SA police service and Home Affairs Department time to file papers explaining why they can’t implement the  residents’ demands.

When the Pretoria High Court agreed to hear the case on an urgent basis last Tuesday, the police and Home Affairs agreed to abide by the outcome.

They found, however, that the residents’ bid to get tough with the refugees who’ve been camping  on the pavement outside the UNHCR for month  is not practicable.

Judge Natvarlal Ranchod as stood the matter down for a third time urging the parties to find agreement on effective action. 

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Government now opposing legal bid to move refugees protesting outside UNHCR Pretoria office https://jjcornish.com/2019/11/government-now-opposing-legal-bid-to-move-refugees-protesting-outside-unhcr-pretoria-office/ Tue, 05 Nov 2019 22:00:00 +0000 https://jjcornish.com/2019/11/government-now-opposing-legal-bid-to-move-refugees-protesting-outside-unhcr-pretoria-office/ Government opposing a legal bid by Pretoria resident to clear off refugees protesting outside the United Nations High Commission for Refugees. The matter has been postponed until next Wednesday to allow the SA police service and Home Affairs Department time to file papers explaining why they can’t implement the  residents’ demands. When the Pretoria High […]

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Government opposing a legal bid by Pretoria resident to clear off refugees protesting outside the United Nations High Commission for Refugees.

The matter has been postponed until next Wednesday to allow the SA police service and Home Affairs Department time to file papers explaining why they can’t implement the  residents’ demands.

When the Pretoria High Court agreed to hear the case on an urgent basis last Tuesday, the police and Home Affairs agreed to abide by the outcome.

They found, however, that the residents’ bid to get tough with the refugees who’ve been camping  on the pavement outside the UNHCR for month  is not practicable.

Judge Natvarlal Ranchod as stood the matter down for a third time urging the parties to find agreement on effective action. 

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Human rights groups urge speedy and humanitarian solution to refugees’ protest https://jjcornish.com/2019/11/human-rights-groups-urge-speedy-and-humanitarian-solution-to-refugees-protest/ Mon, 04 Nov 2019 22:00:00 +0000 https://jjcornish.com/2019/11/human-rights-groups-urge-speedy-and-humanitarian-solution-to-refugees-protest/ Residents of Pretoria’s upmarket eastern suburbs go to the High Court today seeking to force authorities to end a three-week sit in by hundreds of refugees outside the offices of the United Nations High Commissioner For Refugees. Human Rights watchdog groups are urging the South African Government and the United Nations to find an urgent […]

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Residents of Pretoria’s upmarket eastern suburbs go to the High Court today seeking to force authorities to end a three-week sit in by hundreds of refugees outside the offices of the United Nations High Commissioner For Refugees.

Human Rights watchdog groups are urging the South African Government and the United Nations to find an urgent and humanitarian solution to the problem.

South Africa’s capturing favourable world attention celebrating victory in the Rugby World Cup.

Authorities don’t want to see the television cameras move to South African police using heavy-handed tactics evicting  women and children who are demanding that they be moved abroad to protect them from xenophobic attacks.

The Pretoria High Court is being asked by residents, worried about the health and security risks posed by the protest, to force authorities to take action.

 

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High Court to decide when to hear urgent application to clear refugees protest in Pretoria https://jjcornish.com/2019/11/high-court-to-decide-when-to-hear-urgent-application-to-clear-refugees-protest-in-pretoria/ Sun, 03 Nov 2019 22:00:00 +0000 https://jjcornish.com/2019/11/high-court-to-decide-when-to-hear-urgent-application-to-clear-refugees-protest-in-pretoria/ The Pretoria High Court will decide tomorrow when to hear the urgent application by Pretoria residents to clear a sit-in by refugees outside the offices of the United Nations High Commissioner For Refugees in Brooklyn. Non Governmental Organizations are urging the UNHCR and the South African Government to find an urgent solution to the impasse. […]

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The Pretoria High Court will decide tomorrow when to hear the urgent application by Pretoria residents to clear a sit-in by refugees outside the offices of the United Nations High Commissioner For Refugees in Brooklyn.

Non Governmental Organizations are urging the UNHCR and the South African Government to find an urgent solution to the impasse.

In the High Court tomorrow Judge Ranchod will decide when the application by Brooklyn and Waterkloof residents to move the refugees will be heard.

The refugees, in the third week of their protest that involves camping outside the UNHCR offices, are demanding to be sent to another country of safety to escape xenophobic attacks in South Africa.

The Kathrada Foundation has joined NGOs called for a humanitarian solution avoiding the police using water cannon, tear gas and stun grenades as they did against protesting refugees in Cape Town last week.  

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Prosecution loses bid to get an even tougher sentence against Pistorius https://jjcornish.com/2016/08/prosecution-loses-bid-get-even-tougher-sentence-pistorius/ Thu, 25 Aug 2016 22:00:00 +0000 https://jjcornish.com/2016/08/prosecution-loses-bid-get-even-tougher-sentence-pistorius/ The prosecution has lost its bid to have an even tougher jail sentence imposed on disgraced paralympic athlete Oscar Pistorius for shooting dead his girlfriend on Valentine’s Day 2013. Judge Thokozile Masipa’s  rejected the State’s bid for leave to appeal the six-year jail sentence for murder she eventually  imposed on Pistorius. ends intro It was […]

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The prosecution has lost its bid to have an even tougher jail sentence imposed on disgraced paralympic athlete Oscar Pistorius for shooting dead his girlfriend on Valentine’s Day 2013.

Judge Thokozile Masipa’s  rejected the State’s bid for leave to appeal the six-year jail sentence for murder she eventually  imposed on Pistorius.

ends intro

It was Judge Thokozile Masipa who found Oscar Pistorius guilty of culpable homicide and sent him to jail for five year  years.

The Appeal Court overturned that last December and found the legless athlete guilty of murder – giving rise to the  heavier sentence she imposed.

She pointed out that time that there was not a shred of evidence that Pistorius knew when he was firing through a toilet door that his girlfriend Reeva Steenkamp was on the other side.

Pistorius’s defence has been that he believed he was shooting at an intruder.

Masipa said in the Pretoria High Court today (Friday) that she’s  not persuaded that there are reasonable prospects of success for an appeal. She dismissed with costs the application for leave to appeal.

Earlier, Barry Roux, for Pistorius, argued that the State was merely dragging out legal processes and subjecting the former Paralympian to continued uncertainty.

Prosecutor Gerrie Nel argued that deviating from the prescribed 15-year minimum sentence for murder induces a sense of shock.

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Deadline for decision whether to prosecute Jacob Zuma https://jjcornish.com/2016/05/deadline-decision-whether-prosecute-jacob-zuma/ Sun, 22 May 2016 22:00:00 +0000 https://jjcornish.com/2016/05/deadline-decision-whether-prosecute-jacob-zuma/ National Prosecuting Authority boss Shaun Abrahams has until today  to decide whether to appeal or to proceed with prosecuting Jacob Zuma on 783 charges of fraud, corruption and racketeering. The opposition Democratic Alliance  has warned it’ll fight any attempt at shielding the president from having his day in court.   Last month, the High Court […]

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National Prosecuting Authority boss Shaun Abrahams has until today  to decide whether to appeal or to proceed with prosecuting Jacob Zuma on 783 charges of fraud, corruption and racketeering.

The opposition Democratic Alliance  has warned it’ll fight any attempt at shielding the president from having his day in court.

 

Last month, the High Court in Pretoria ruled the National Prosecuting Authority was wrong seven years ago to drop criminal charges against President Jacob Zuma.

 

The ruling was a victory for the official opposition, which asked the court to review the  decision by Abrhamas’ predecessor to withdraw the charges against Zuma.

The High Court found that Mokotedi  Mpshe breached a cardinal legal rule by not continuing with prosecuting with the charges that stem from an arms procurement deal in 1999.

Judge Aubrey Ledwaba found that the decision taken to drop corruption charges against Zuma was irrational.

He further ruled that the matter needed to be reviewed.

The National Prosecuting spokesperson Luvuyo Mfaku says they’ve been studying the decision.

Their head Shaun Abrahams will address the nation with the final decision.

Head of the Democratic Alliance Federal Executive, James Selfe says the judgment was a unanimous decision of a full bench. It’s difficult to conceive that those judges would believe that a different court would come to another conclusion.

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SA could face UN censure for letting Bashir go https://jjcornish.com/2015/06/sa-could-face-un-censure-for-letting-bashir-go/ Sun, 14 Jun 2015 22:00:00 +0000 https://jjcornish.com/2015/06/sa-could-face-un-censure-for-letting-bashir-go/ South Africa could face censure in the United Nations Security Council for failing to take appropriate action to detain and hand over Sudan’s President Omar al Bashir to the International Criminal Court. Western analysts say the South African government facing tough questions from the Pretoria High Court could also be grilled in the UN powerhouse. […]

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South Africa could face censure in the United Nations Security Council for failing to take appropriate action to detain and hand over Sudan’s President Omar al Bashir to the International Criminal Court.
Western analysts say the South African government facing tough questions from the Pretoria High Court could also be grilled in the UN powerhouse.
ends intro
South African government department have been ordered by the Pretoria High Court to explain how President Omar al Bashir slipped through their fingers, defying a court order that he be prevented from leaving South Africa until it had ruled on whether the government should meet its legal obligation to arrest the Sudanese leader.
The ICC could have the UN Security Council make similar demands, say analysts, citing the 2011 example of Kenya being censured for failing to detain Bashir.

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Special court application to get Bashir arrested https://jjcornish.com/2015/06/special-court-application-to-get-bashir-arrested/ Sat, 13 Jun 2015 22:00:00 +0000 https://jjcornish.com/2015/06/special-court-application-to-get-bashir-arrested/ The Pretoria High Court will hear an urgent application for the arrest of Sudan’s president Omar al Bashir who’s arrived for the African Union summit in Sandton. The International Criminal Court has two outstanding warrants against Bashir alleging genocide in his western province of Darfur. end intro The urgent application brought by humand rights watchdog […]

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The Pretoria High Court will hear an urgent application for the arrest of Sudan’s president Omar al Bashir who’s arrived for the African Union summit in Sandton.
The International Criminal Court has two outstanding warrants against Bashir alleging genocide in his western province of Darfur.
end intro
The urgent application brought by humand rights watchdog groups will be heard by Judge Hans Fabricius.
Prosecutors had been prepared to arrest Sudanese President Omar Al Bashir when he arrived in South Africa as they are obliged to do as signatories of the Rome Treaty establishing the International Criminal Court.
But last Thursday government gazetted a provision under the Diplomatic Immunities and Protection Act giving safe passage to any leader or delegate attending the AU summit.
The urgent application is seeking to have this overturned.

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Man dies on the day court ruling enables legal suicide https://jjcornish.com/2015/05/man-dies-on-the-day-court-ruling-enables-legal-suicide/ Thu, 30 Apr 2015 22:00:00 +0000 https://jjcornish.com/2015/05/man-dies-on-the-day-court-ruling-enables-legal-suicide/ Suffering from prostate cancer, a retired South African advocate has died on the same day that the Pretoria High Court ruled he could legally end his life. His family did not say if he died before or after the judge passed what they called a ground-breaking judgment. end intro The family of 65-year-old Robert Stransham Ford […]

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Suffering from prostate cancer, a retired South African advocate has died on the same day that the Pretoria High Court ruled he could legally end his life.
His family did not say if he died before or after the judge passed what they called a ground-breaking judgment.
end intro
The family of 65-year-old Robert Stransham Ford say he died peacefully in the presence of family and carers.
Dignity SA, which lobbies for assisted suicide legislation, specifies he dies of natural causes.
The organisation says it expects the ruling to set in motion the process of legalising assisted dying in South Africa
The High Court in Pretoria ruled that Stransham-Ford could have a doctor help him die and
that the doctor would be protected from prosecution.
Medically-assisted suicide remains illegal in South Africa, but there have
been growing calls for it to be legalised.
Judge Hans Fabricius saYS in his ruling that Stransham-Ford was entitled
to end his life, either by administration of a lethal agent or by providing
the applicant with the necessary lethal agent to administer himself.
Five years ago, a South African professor, Sean Davison, living in New Zealand was found guilty by a court there of helping his cancer-stricken mother take her own life.
He was placed under house arrest for five months.

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