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More Tribulations than Trials?


Amended Rule 32 summary judgment

The summary judgment procedure is designed to assist a plaintiff to obtain speedy judgment in claims based on certain causes of action. The granting of this remedy is extraordinary and based upon the supposition that the plaintiff’s claim is sound and the defendant’s defence is bad in law. The procedure was seemingly introduced in South Africa on the basis of its use in England and Scotland.

Environmental law in action: Jifa training course

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For some of the judges attending last week’s environmental law training, it was a first opportunity to meet new colleagues from other jurisdictions in the Southern African Development Community countries; others enjoyed meeting up with friends already encountered in previous training offered by the Judicial Institute for Africa (Jifa).

Husband's right to ‘rule over his wife’ – it's gone!


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This is a case with enormous implications for Eswatini women: three judges have spelled out the implications of the constitutional guarantee to equal treatment before the law. And they have definitively ruled that the common law doctrine of marital power discriminates against married women.

Among others, the now discredited marital regime offended the right of married women to dignity and to equality.


Tiny, remote Namibian clan claims world renowed Etosha National Park as ancestral land

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The eight applicants wanted the court to agree that they could represent the minority Hai||om people. That established, they wanted to claim the entire world-famous Etosha National Park – all 23,150 sq kms of it – together with other significant tracts of land. They said this was their ancestral land, and they were being prevented from using it. Failing return of the land, they wanted compensation in land or money.

Appeal blocks far-reaching environmental ruling

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Judges from the Southern African Development Community (SADC) region met last week outside Cape Town for specialised judicial training in a growing field of law. The course, offered by the Judicial Institute for Africa (Jifa), was an introduction to environmental law, a subject many of the judges have not often needed to deal with before.

Magistrates in Lesotho introduce new deal for awaiting trial prisoners

Magistrates in Lesotho are clearly unhappy. This year they have already tried repeated strikes to highlight their concerns but without success - promises made to them have come to nothing. 

Then, this week, representatives of the magistracy from across Lesotho met in Maseru and took a number of decisions likely to impact on the functioning of the courts and the legal system throughout the country.

‘Hear the voices speaking on behalf of the dead’ – court

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The case that led Namibia’s Judge Christie Liebenberg to consider the evidential worth of evidence by a murdered person’s family was truly tragic. The accused, Lukas Nicodemus, was convicted of killing two women, Clementia de Wee and Johanie Naruses. He had been in a romantic relationship with both of them. Their murders were thus clearly an example of fatal ‘domestic violence’.