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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.
CAPE BAR COUNCIL

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”

  • Franny Rabkin
4 min read
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.
CO OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

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’

  • Franny Rabkin
3 min read
Brutal: Collins Khosa died after an altercation with members of the SANDF in his yard in Alexandra, Johannesburg. (Delwyn Verasamy/M&G)
COLLINS KHOSA

Ipid recommends disciplinary action against police who watched Khosa beating

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

  • Franny Rabkin
2 min read
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”.
BHEKI CELE

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

  • Franny Rabkin
3 min read
Nosiviwe Mapisa-Nqakula. File photo
BHEKI CELE

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

  • Franny Rabkin
4 min read
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)
CONSTITUTION

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

  • Franny Rabkin
5 min read
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)
CORONA LEAD

High court strikes down ‘paternalistic’ lockdown regulations

The order of unconstitutionality has been suspended for two weeks

  • Franny Rabkin
4 min read
Suspended public protector Busisiwe Mkhwebane. (Jaco Marais/Foto24/Gallo Images)
ROGUE UNIT

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

  • Franny Rabkin
4 min read
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.
ANC

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

  • Franny Rabkin
4 min read
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)
COLLINS KHOSA

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

  • Franny Rabkin
4 min read
In a historic sitting of the National Assembly, President Cyril Ramaphosa became the first South African president to conduct a parliamentary question-and-answer session through video conferencing. (GCIS)
AFRICAN NATIONAL CONGRESS

Disaster vs separation of powers

The Democratic Alliance’s court case is about much more than an esoteric question of constitutional law

  • Franny Rabkin
6 min read
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)
COLLINS KHOSA

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

  • Franny Rabkin
2 min read
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

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

  • Franny Rabkin
4 min read
Restorative: Judge Hans Fabricius is hearing the application of the Khosa family. (Delwyn Verasamy/M&G)
BHEKI CELE

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

  • Franny Rabkin
4 min read
Western Cape Deputy Judge President Patricia Goliath.
BARNABAS XULU

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

  • Franny Rabkin
7 min read