7 game-changing court rulings that made headlines in 2017
These are the court rulings that made headlines this year.
Fikile Mbalula rubs his head during a media briefing about the results of the ANC’s Strategy and Tactics panel at the party’s 54th National Elective Conference at Nasrec, Johannesburg on 20 December 2017. Nathi Mthethwa and Mbalula spoke about changes in the panel’s policy, the importance of gender equity and the need to institute an inquiry on state capture. Picture: Yeshiel Panchia
1. The KZN ANC provincial conference
In September, the KZN High Court in Pietermaritzburg declared the 2015 ANC provincial conference and its results unlawful. The conference resulted in former premier Senzo Mchunu being succeeded by Sihle Zikalala as the province’s ANC chairperson.
Mchunu’s supporters then approached the courts to challenge the conference’s outcome, legal action that would be vindicated by the high court’s ruling.
2. The Spy Tapes appeal
In October, the Supreme Court of Appeal dismissed President Zum’s bid to appeal the Pretoria High Court’s ruling that the decision to drop the charges against Zuma in 2009 was irrational.
The president faces 783 criminal charges of corruption, fraud and racketeering.
Zuma and the National Prosecuting Authority, shortly after the SCA’s decision, admitted that dropping charges had been irrational.
3. Ntlemeza vs Mbalula
Not long after Fikile Mbalula took on the role of police minister after the midnight Cabinet reshuffle in April, he went headfirst into a tussle with former Hawks boss Berning Ntlemeza.
In March, the North Gauteng High Court set aside the decision to appoint Berning Ntlemenza as Hawks head, declaring the appointment invalid and unlawful. Ntlemeza attempted to appeal the ruling at the SCA, but his bid was dismissed.
This ordeal led Ntlemeza to lock horns with Mbalula, who had wanted Ntlemeza gone and made public declarations of war again the former boss.
4. The secret ballot
The Constitutional Court in June ruled that parliament speaker Baleka Mbete had the power to decide on the secret ballot in the motion of no confidence in President Zuma.
Mbete would later approve the secret ballot, but Zuma survived this one as well.
5. Oscar Pistorius’ sentence
The Supreme Court of Appeal in November doubled Oscar Pistorius’ sentence to 13 years after the state appealed Judge Thokozile Masipa’s decision to hand the paralympian just six years for killing his girlfriend, Reeva Steenkamp, in 2013.
6. Shaun Abrahams’ end?
The appointment of Shaun Abrahams to the role of national director of public prosecutions (NDPP) was ruled unlawful by the Pretoria High Court earlier this month. Abrahams was made the head of the NPA by the President Jacob Zuma after the departure of Mxolisi Nxasana, but the court ruled the departure unlawful.
Deputy President Cyril Ramaphosa has been tasked with appointing the new NDPP.
7. Ahmed Timol
Judge Bill Motlhe in the Pretoria High Court found that the anti-apartheid activist Ahmed Timol was actually murdered, contrary to the claims by the state police 41 years ago that Timol had jumped to his death during interrogation.
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