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South Africa: Court Declares Extradition to Death Penalty Jurisdiction Illegal

(Sept. 25, 2014) On September 23, 2014, the High Court in Pretoria, South Africa, ruled that the extradition to Botswana of Edwin Samotse, a man sought on murder charges in that country, where he may face the death penalty, was a violation of the South African Constitution and illegal. (High Court Rules Botswana Deportation Illegal, […]

South Africa: Postponed Implementation of Provisions on Parental Kidnapping

(Sept. 22, 2014) On September 16, 2014, South African Minister of Home Affairs Malusi Gigaba announced that the implementation of two requirements in the country’s new Immigration Regulations aimed at preventing parental kidnapping will be postponed until June 1, 2015. The requirements had originally been slated for implementation on October 1, 2014. (Statement by the […]

South Africa: Law Designed to Spur Youth Hiring Takes Effect

(Jan. 9, 2014) On January 1, 2014, the Employment Tax Incentive Act No. 26 of 2013 (582 GOVERNMENT GAZETTE (Dec. 18, 2013)), aimed at spurring youth hiring through tax incentives, took effect. (Zuma Signs Youth Wage Subsidy Bill into Law, MAIL & GUARDIAN (Dec. 19, 2013).) The government of South Africa is hoping that this […]

South Africa: Constitutional Court Upholds Mandatory Minimum Sentence Rule for Accomplices in Armed Robberies

(Dec. 31, 2013) On November 28, 2013, the Constitutional Court of South Africa, the court of last resort on all constitutional issues, overturned a decision of the Western Cape High Court and upheld as constitutional a provision in the Criminal Procedure Act No. 51 of 1977 that makes an accomplice to robbery with aggravating circumstances […]

South Africa: Anti-Human Trafficking Legislation Signed into Law

(Aug. 2, 2013) On July 29, 2013, South Africa’s President, Jacob Zuma, signed into law the country’s first comprehensive legislation on human trafficking, the Prevention and Combating of Trafficking in Persons Bill (PCTPB), which, among other goals, seeks to implement South Africa’s international obligations with respect to the problem. (President Jacob Zuma Signs into Law […]

South Africa: Parliament Considering Measure to Outlaw Possession of Weapons in Public Gatherings

(Feb. 19, 2013) <?South Africa's government recently submitted the Dangerous Weapons Bill, 2012, aimed at banning possession of "dangerous weapons" at public gatherings, to the country's Parliament for consideration. (Dangerous Weapons Bill Before Parliament, NEWS 24 (Feb. 12, 2013).) This measure comes on the heels of the Marikana massacre, in which a few thousand mining […]

South Africa: Proposal to Tighten Rules on Private Security Industry

(Aug. 2, 2012) It was reported on June 21, 2012, that the Private Security Industry Regulation Amendment Bill, aimed at, among other objectives, restricting foreign ownership of private security firms in South Africa, has come under heavy criticism from the Democratic Alliance (DA), the major political party in opposition to South Africa's ruling party, the […]

South Africa: Constitutional Court Declares Five Provincial Acts Unconstitutional, Suspends Ruling Temporarily

(Apr. 16, 2012) On March 22, 2012, the Constitutional Court of South Africa unanimously declared unconstitutional five laws issued by the legislatures of five of the country's nine provinces. The laws were designed to regulate the financial management of the legislative bodies. They include: the Eastern Cape Provincial Legislature Act 3 of 2009; the Financial […]

South Africa: Protection of Information Bill Controversial

(Aug. 16, 2011) On August 10, 2011, the South African organization Open Democracy Advice Centre (ODAC) issued a statement criticizing a clause of the Protection of Information Bill as unconstitutional. (“Secrecy Bill – Whistleblower Clause Unconstitutional,” ODAC website (last visited Aug. 15, 2011); Info Bill Clause Flouts Constitution: Lawyer, SOUTH AFICAN PRESS ASSOCIATION (SAPA) (Aug. […]

South Africa: Constitutionality of Extension of Chief Justice’s Tenure to Be Challenged

(June 17, 2011) Two South Africa-based rights groups are gearing up to challenge the legality of President Jacob Zuma's June 3, 2011, decision to unilaterally extend by five years the term of Sandile Ngcobo, Chief Justice of the Constitutional Court. Ngcobo's 12-year term is slated to expire on August 15, 2011. (Pierre De Vos, CASAC […]