16th February 2021
Timothy Marsland’s ploy to defeat the ends justice has collapsed. Marsland who co-owned liquidated Capital Management Botswana (CMB) with Rapula Okaile has been languishing in jail since 2019. His appeal for unlawful detention was thrown out by the South African Supreme Court of Appeal last week. He is co-accused with his liquidated company of defrauding the Botswana Public Officers Pensioners Fund (BPOPF) millions of Pula. Delivering judgement, the Court said the core issue for determination in the appeal was whether a provisional arrest of the Extradition Act 67 of 1962 (the Act) had lapsed, for the reason that the Minister of Justice (the Minister) neither personally received the relevant extradition request nor issued a notice in terms of the Act, within 30 days of the arrest.
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Why did the spat over trade marks end up in the Supreme Court of Appeal in SA? 11:00
It was a strange case, not least of all because Apple only markets its watches as Apple Watch, not iWatch. Image: David Paul Morris, Bloomberg
A peculiar court case eventually came to a conclusion in the Supreme Court of Appeal at the end of January: the multi-billion euro Swatch Group took on the multi-billion dollar Apple Inc in an argument over the registration of a trade mark in SA.
The court was tasked with âconsiderations relevant to a determination of whether the (trade) marks are confusingly or deceptively similarâ in terms of the Trade Marks Act 194 of 1993. The trade marks under consideration were the well-known Swatch and the equally familiar iWatch.
Freedom Under Law push for retired Judge Nkola Motata to be impeached
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Pretoria - Freedom Under Law has received the green light to proceed with its legal challenge to have retired Judge Nkola Motata impeached after he was convicted of driving under the influence of alcohol nearly 14 years ago.
The judge president of the Gauteng Division of the High Court, Dunstan Mlambo, however, rejected the organisation’s submissions that it did not have to ask for permission in terms of the Superior Courts Act if it wanted to institute action against a judge who was already retired.
Judge Mlambo said the law was in place to protect both judges and retired judges from frivolous litigation. He pointed out that retired judges in many cases still performed judicial duties. He said each application must be decided on a case-by-case basis, and in this instance, he concluded that the organisation could bring review proceedings in which Judge Motata was cited as one of the applicants.
Click here to read the full judgment on Saflii [1] When this appeal was heard on 16 November 2020, the matter was struck off the roll. The reason was that the order of the Gauteng Division of the High Court, Pretoria (the high court) against which the appeal lay, was not appealable, notwithstanding leave to appeal having been granted by the high court. The order was an interim interdict pending an action to be instituted by the respondents. The crux of the controversy is whether the order was ‘final in effect’ and was therefore, indeed, appealable, or, even if its true character was interim, the interests of justice warranted an appeal against it to be entertained.
Gordhan won’t appear before ANC’s integrity commission News24 Wire
Minister of Public Enterprises Pravin Gordhan. Picture: Jacques Nelles Phapano Phasha wrote two letters to the commission – one in 2019 and another July 2020 – where she relayed her complaints about the minister, alleging he was bringing the party into disrepute.
The ANC’s integrity commission has decided that complaints laid by Brian Bunting branch member, Phapano Phasha, against Public Enterprises Minister Pravin Gordhan do not warrant him being called before it.
Phasha wrote to the commission with complaints against Gordhan on various issues – which, among others, include his approval of former SARS deputy commissioner Ivan Pillay’s early retirement and rehiring; alleged involvement i