Supreme Court of Appeal (South Africa)

Zuma prison case casts doubt on South Africa's medical parole law

Retrieved on: 
Friday, August 11, 2023

In short, his parole tested the buoyancy of the law in facilitating the medical release of offenders without political or other interference.

Key Points: 
  • In short, his parole tested the buoyancy of the law in facilitating the medical release of offenders without political or other interference.
  • The SCA had found that Zuma was unlawfully granted medical parole against the advice of the Medical Parole Advisory Board.
  • Less than two months after his admission to prison, he was released on medical parole.
  • And the time he was out of prison on medical parole should not have been counted as time served.
  • Medical parole in South Africa is governed by Section 79 of the Correctional Services Act, together with Regulation 29A of the Correctional Services Regulations.

The process and gaps in law

    • The board comprises ten medical practitioners, who must provide an independent medical report to the commissioner.
    • Unfortunately, the law does not require the board to offer such guidance.
    • These gaps in the law are exacerbated by the omission to specify whether the commissioner has the power to ignore the recommendation of the board, as in Zuma’s application.
    • While they may all seem relevant in assessing future criminality, there is no indication as to how they should be weighed up.
    • This is a task which should involve clinical evaluations by forensic psychiatrists, but the legislation does not require this.

Unfortunate omission

    • For example, if an offender is lawfully released on medical parole, but their health improves or even if they are cured, they cannot be forced to return to prison.
    • It is unfortunate that the Supreme Court of Appeal referred this question back to the Department of Correctional Services – the very department that flagrantly violated the law.

South Africa Restaurants, Fast Food and Catering Industry Report 2021 Featuring Famous Brands, Spur, KFC, Simply Asia, Kauai, Bidvest Catering Services, and Main Event Catering - ResearchAndMarkets.com

Retrieved on: 
Thursday, November 4, 2021

"The Restaurants, Fast Food and Catering Industry in South Africa 2021" report has been added to ResearchAndMarkets.com's offering.

Key Points: 
  • "The Restaurants, Fast Food and Catering Industry in South Africa 2021" report has been added to ResearchAndMarkets.com's offering.
  • This report focuses on the restaurants, fast food and catering industry, including information on the size of the sector, revenue and market share by type of outlet, developments and corporate actions.
  • There are profiles of 53 companies including major players such as Famous Brands and Spur Corporation, fast food franchises such as KFC, Simply Asia and Kauai and catering companies including Bidvest Catering Services and Main Event Catering.
  • Lockdowns, supply chain constraints, unrest and load-shedding have had devastating consequences for South Africa's restaurant, fast food and catering industry.

DGAP-News: Steinhoff International Holdings N.V. : ​​​​​​​LEAVE TO APPEAL GRANTED ON THE JURISDICTIONAL ISSUE

Retrieved on: 
Thursday, October 28, 2021

Steinhoff International Holdings N.V. ("SIHNV" or the "Company" and together with its subsidiaries, "Steinhoff") provides the following update with respect to the liquidation application proceedings ("the liquidation application") launched by AJVH Holdings and four others ("the applicants") against the Company in the Cape Town High Court ("the Court").

Key Points: 
  • Steinhoff International Holdings N.V. ("SIHNV" or the "Company" and together with its subsidiaries, "Steinhoff") provides the following update with respect to the liquidation application proceedings ("the liquidation application") launched by AJVH Holdings and four others ("the applicants") against the Company in the Cape Town High Court ("the Court").
  • On 10 September 2021, the Court gave a further order, amongst other things, refusing postponement of the liquidation application ("the 10 September Order").
  • Reasons were given for the 6 September Order and the 10 September Order by the Court on 5 October 2021.
  • The Company has a primary listing on the Frankfurt Stock Exchange and a secondary listing on the JSE Limited.

DGAP-News: Steinhoff International Holdings N.V. : Application for posponement

Retrieved on: 
Monday, September 13, 2021

As previously announced, in respect of the liquidation application proceedings ("the liquidation application") launched by AJVH Holdings and four others ("the applicants") against Steinhoff International Holdings N.V. ("SIHNV"), certain preliminary matters were set down for initial hearing in the Cape Town High Court ("the Court") on 1 to 3 September 2021.

Key Points: 
  • As previously announced, in respect of the liquidation application proceedings ("the liquidation application") launched by AJVH Holdings and four others ("the applicants") against Steinhoff International Holdings N.V. ("SIHNV"), certain preliminary matters were set down for initial hearing in the Cape Town High Court ("the Court") on 1 to 3 September 2021.
  • For the avoidance of doubt, the Court made no finding on the merits of the application, and has issued no Order in that regard.
  • In addition, both SIHNV and the Financial Creditors have today brought applications to the High Court to postpone the hearing of the liquidation application.
  • The Company has a primary listing on the Frankfurt Stock Exchange and a secondary listing on the JSE Limited.