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Mail & Guardian
Franny Rabkin

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Franny Rabkin

Franny is the legal reporter at the Mail & Guardian

If the two complaints against Western Cape Judge Mushtak Parker are found to be true, they are ‘extremely serious’ says the Judicial Conduct Committee.

Judicial Conduct Committee finds prima facie gross misconduct by Judge Mushtak Parker

The committee says if two complaints against him are found to be true, they are “extremely serious”

Co-operative Governance Minister Nkosazana Dlamini-Zuma has applied to appeal the judgment from the Pretoria high court last week that, in one fell swoop, struck down almost the entire lockdown regulatory regime — almost all of the level three and four regulations — as unconstitutional.

Dlamini-Zuma seeks to appeal the judgment that set aside lockdown regulations

Reyno de Beer had ‘raised an attack … on unidentified regulations, on undisclosed grounds and for unknown reasons’

Brutal: Collins Khosa died after an altercation with members of the SANDF in his yard in Alexandra, Johannesburg. (Delwyn Verasamy/M&G)

Ipid recommends disciplinary action against police who watched Khosa beating

Police watchdog report finds that metro police members did not participate in the assault

Pretoria high court Judge Hans Fabricius gave a number of orders, including one that Defence Minister Nosiviwe Mapisa-Nqakula and Police Minister Bheki Cele must “ensure that internal investigations into the incidents listed below [including Khosa’s] are completed and reports are furnished to this court on or before June 4”.

Mapisa-Nqakula ‘regrets confusion’ after contradictory statements on Khosa case

The minister’s media statement follows a letter from Khosa’s attorneys that they were considering a perjury charge or a complaint with the Public Protector

Nosiviwe Mapisa-Nqakula. File photo

Second SANDF report-back to court is silent on Khosa investigation

Despite a court-ordered deadline for the completion of the internal investigation, no explanation is given for Defence Minister Nosiviwe Mapisa-Nqakula’s contradictory positions

Unconstitutional: The judge said it was irrational of Cooperative Governance Minister Nkosozana
Dlamin-Zuma to allow taxis, in which passengers were in close proximity, to operate yet hairdressers, with fewer clients, could not reopen.  (Ihsaan Haffejee/Anadolu Agency)

Judge trashes entire lockdown regime as constitutionally flawed

The high court ruling will delight gatvol South Africans but is unlikely to stand the test of time

A member of the South African Police Service (SAPS) arrest suspects after they were found in possession of alcohol, that goes against the rules of the nation wide lockdown, in Hillbrow, Johannesburg, on March 27, 2020. – South Africa came under a nationwide lockdown on March 27, 2020, joining other African countries imposing strict curfews and shutdowns in an attempt to halt the spread of the COVID-19 coronavirus across the continent. (Photo by Luca Sola / AFP) (Photo by LUCA SOLA/AFP via Getty Images)

High court strikes down ‘paternalistic’ lockdown regulations

The order of unconstitutionality has been suspended for two weeks

Suspended public protector Busisiwe Mkhwebane. (Jaco Marais/Foto24/Gallo Images)

ConCourt settles the law on the public protector and interim interdicts

The Constitutional Court said it welcomed robust debate but criticised the populist rhetoric in the battle between Busisiwe Mkhwebane and Minister Pravin Gordhan

In an exchange of court papers leading up to the hearing on Thursday, the DA blames the ANC and EFF for the mess and the provincial government blames the DA and EFF.

Coalition politics and law: The fight over Tshwane

With coalition politics on the rise, particularly in local government, this kind of court case is likely to become more common

A South African National Defence Force (SANDF) soldier stands in front a house as he patrols the streets in Alexandra, Johannesburg, on March 27, 2020 during a joint operation with the South African Police Service (SAPS) in order prevent the spread of the Covid-19 outbreak. (Luca Sola/AFP)

SANDF inquiry clears soldiers of the death of Collins Khosa

The board of inquiry also found that it was Khosa and his brother-in-law Thabiso Muvhango who caused the altercation with the defence force members

The 12-page guideline sets out in detail the limited circumstances in which enforcement officers may use force to secure an arrest. (Delwyn Verasamy/M&G)

Police release guidelines for the use of force during lockdown

The guidelines follow a court order in the case of Collins Khosa, who died after an alleged assault by members of the army and the Johannesburg metro police

An appeal against the Khosa judgment on police brutality seems imminent after Police Minister Bheki Cele tried to do a deal with the Khosa family through their lawyers — asking them to abandon a crucial part of the court order in exchange for an expedited appeal process.  (David Harrison/M&G)

Appeal to Khosa judgment imminent as family rejects police minister’s deal

The family of Collins Khosa is threatening to seek a personal costs order against Police Minister Bheki Cele

Restorative: Judge Hans Fabricius is hearing the application of the Khosa family. (Delwyn Verasamy/M&G)

Victory for Khosa family as judge makes orders to prevent further state brutality

In its ruling the high court sought to restore the ‘social contract’ between citizens and government after the assault and death of Collins Khosa

Western Cape Deputy Judge President Patricia Goliath.

Goliath’s secret recording of Hlophe raises questions of ethics

In an extraordinary move for a judge, the deputy judge president says she secretly recorded a meeting that proves she was insulted by Judge President John Hlophe

Trying to survive: Busungani Sithole (above) was protesting because people in Booysens had no food; after the protest, at which residents were shot with rubber bullets. (Paul Botes/M&G)

They protested for food – the police fired rubber bullets

Excessive use of force by the security forces during the Covid-19 pandemic has overwhelmingly been experienced in poor communities

No witnesses were asked on the killing of Collins Khoza.

Khosa family: Crucial witnesses not interviewed by defence force and police unit

In court papers, the family says the investigations into the death of Collins Khosa are neither impartial nor effective

On the warpath: Defence Minister Nosiviwe Mapisa-Nqakula. (David Harrison/M&G)

Mapisa-Nqakula: Investigation into Khosa’s death almost complete

The defence minister said allegations in court papers that she had violated people’s rights had no basis in law

Free education includes not only the absence of fees but also all other costs, including free, reliable and safe transport. (Oupa Nkosi)

Summing up the legal battles fought for better schools

We summarise the legal battles fought to improve the quality of education in South Africa.

A South African National Defence Force (SANDF) soldier stands in front a house as he patrols the streets in Alexandra, Johannesburg, on March 27, 2020 during a joint operation with the South African Police Service (SAPS) in order prevent the spread of the Covid-19 outbreak. (Luca Sola/AFP)

Khosa case: Going straight to the Constitutional Court isn’t always the right path

Even where the case is a strong one, direct access to the highest court is a route only in truly exceptional circumstances

Keep it safe: Police enforce social distancing between people outside a supermarket in Yeoville, Johannesburg. (Marco Longari/AFP)

An end to police and army brutality is still urgent – Khosa family

The family of Collins Khosa, who died after police and army personnel assaulted him, says the easing of the lockdown does not spell the end of police abuse of power