THE QUESTION OF INTERPRETATION IN THE NICHOLSON JUDGMENT Jacob Zuma v The National Director of Public Prosecutions [2009] I AII SA 54 N

It is interesting that prior to Nicholson J’s judgment in the matter of Jacob Zuma v The National Director of Public Prosecutions, that Judge President Tshabalala stated quite categorically that he did not want the judge who was to preside over the corruption trial of Jacob Zuma to be placed under scrutiny (see “Zuma Judge Gets Legal Professional’s Approval” 31 July 2008 Business Day 3). However, since Nicholson J’s decision of the Jacob Zuma trial, both the judge and his judgment have invariably become the subject of intense scrutiny. Nicholson J’s judgment is fraught with inconsistencies, incongruities and controversy. Nevertheless, no matter what the views are regarding the findings of Nicholson J, it has to be conceded that it resulted in one of the most far reaching political decisions in South African legal history, which resulted in the ousting of the country’s president (Thabo Mbeki). While the judgment raises a plethora of both political and legal issues, it is not the intention of the author to venture into the political arena; rather an analysis ofthe approach adopted to statutory interpretation which influenced the court’s decision, is considered.

Prosecutorial Discretion and Judicial Review: An Analysis of Recent Canadian and South African Decisions

The question whether the functions performed by the prosecutor in the criminal justice system are subject to judicial scrutiny has been a matter for concern in common-law jurisdictions for quite some time. The courts in the Commonwealth generally agree that prosecutors must function independently; act fairly and responsibly in the interests of the public; and must be free from political interference. Their role in the administration of justice is to uphold the rule of law. Therefore, the exercise of prosecutorial discretion should ordinarily not be interfered with by the courts except in rare cases. However, the extent to which the courts, in respective Commonwealth jurisdictions, review prosecutorial discretions differs. A comparative study of the Canadian experience and the South African approach, where the judicial approaches to the review of prosecutorial discretion significantly differ, is a clear illustration. In Canada, the courts hardly interfere with, or review the manner in which the prosecutor performs his or her duties, except that prosecutorial discretion is not immune from all judicial oversight, since it is reviewable for abuse of process (see R v Anderson [2014] 2 SCR 167). In South Africa on the other hand, the exercise of the powers of the prosecutor and their ramifications are, like every exercise of public power, subject to the constitutional principles of legality and rationality. The recent judgments of the Full Bench of the Gauteng Division, Pretoria in Democratic Alliance v Acting National Director of Public Prosecutions 2016 (2) SACR 1 (GP) as affirmed by the Supreme Court of Appeal in Zuma v Democratic Alliance 2018 (1) SA 200 (SCA)—the so-called ‘spy-tape’ saga—are the latest illustrations of this approach.

Removal of the National Director of Public Prosecution: A Critique of Emerging Constitutional Jurisprudence

In this article, I critically examine the constitutional provisions governing the removal of the National Director of Public Prosecutions. This examination is undertaken in the context of recent decisions by the High Court in Corruption Watch (RF) NPC and Another v President of the Republic of South Africa and Others; Council for the Advancement of the South African Constitution v President of the Republic of South Africa and Others [2018] 1 All SA 471 (GP); 2018 (1) SACR 317 (GP) and the Constitutional Court in Corruption Watch NPC and Others v President of the Republic of South Africa and Others [2018] ZACC 23, which found certain provisions of the National Prosecuting Authority Act 32 of 1998, which governs the removal of the National Director, unconstitutional. The article is critical of these two court decisions for their failure to properly justify the order to invalidate the provisions of the National Prosecuting Authority Act and to provide a proper account of the different separation of powers imperatives involved in the cases. The article is also critical of the Constitutional Court’s approach to the abstract review of the sections in the National Prosecuting Authority Act, and of its suspension of the order of invalidity in a manner which took no due regard to established jurisprudence. Lastly, the article is critical of the Constitutional Court’s omission to address the High Court order that the Deputy President should appoint the National Director, which runs counter to the text of the Constitution.

Taxation Policy by Tax Incentive For Foreign Investment in Timor Leste

The Foreign Investment Law, namely Law Number 5 Year 2005 Articles 14 and 15 concerning the granting of tax incentives to entrepreneurs, especially foreign investors. The Timor Leste government has prepared tax incentives to increase the value of investment to foreign investors. This research is a qualitative study. Methods of data collection using observations and structured interviews. Meanwhile, the data used are taxation reports, taxation policies on investment incentives and foreign investment. The research was carried out on the officials of the Director General of Tax and Customs of Timor Leste, the Head of the Foreign Investment Board of Timor Leste, the Head of Fiscal Policy are several Timorese and a National Director in Tax and Customs of Timor Leste and staff. The result of the research states that tax revenue will decrease with the tax incentives, but after investment activities run smoothly, investors will become taxpayers. The government must prepare itself both in terms of infrastructure, human resources, government administration bureaucracy to host foreign investors.

Achieving national cancer governance reform: Lessons from a successful academic, clinical, and community advocacy approach in New Zealand.

e14131 Background: Cancer survival in New Zealand (NZ) is high in global terms but gains in outcome are less than in comparable countries over recent time cohorts. Outcomes of indigenous Māori New Zealanders are significantly worse for most major cancers. This is potentially due to decentralisation of cancer provision and lack of emphasis on national governance. Methods: In 2017, academics, clinicians and patient advocates embarked on a planned and sustained programme of advocacy with the goal of establishing a national cancer plan, centralised cancer governance, and publicly reportable cancer outcomes and quality indicators by region and ethnicity. Elements central to success were partnerships with politicians and opposition parties, building credible media voices, establishing international academic collaborations, clear problem identification, positive evidence-based policy solutions, sustained and consistent yet varied media messaging, and strong relatable patient stories with direct citizen engagement. Results: As a direct result, in 2019 the Government established a National Cancer Agency, updated the national cancer plan for the first time in 16 years, moved to dissolve regional cancer networks, and appointed a national director of cancer control. New funding specifically for cancer investment was also announced and commitments to additional funding have been made. We review the strategies that were most successful, challenges encountered, and outcomes achieved. Conclusions: Advocacy and collaboration between patients, academics and clinicians remains a powerful stimulus for meaningful policy change. Our approach can be instructive for other countries where national cancer control and governmental leadership are faltering.

Case Note: Locus standi to institute a private prosecution of environmental offences in South Africa: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd

In Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd, in the first ever private prosecution under section 33 of the National Environmental Management Act, British Petroleum (BP) was prosecuted and convicted for constructing filling stations without the necessary authorisation. The judgment deals mostly with the issue of locus standi to institute a private prosecution for environmental offences. The purpose of this note is to highlight the issues that emerge from the judgment. The note also discusses the role that could be played by the National Director of Public Prosecutions should they decide to take over a private prosecution instituted under section 33 of NEMA.

Improving Living Conditions of Widows: The Role of Sister Connection Organization in Burundi

This paper focuses on the role of Sister Connection organization in improving the living conditions of Burundian widows. Specifically, it shows how received assistance has contributed to improving the living conditions of widows. It also shows different constraints that Sister Connection is facing in its effort of supporting widows. It further allowed us to know the suggestions that widows and the management of Sister Connection have. We opted for qualitative approaches with the use of the interview guide, and quantitative approaches with the use of a questionnaire administrated indirectly to the widows sponsored by Sister Connection. 96 widows have been selected using Bouchard’s technique. An interview protocol was conducted by the National Director and a questionnaire was administered to the 96 widows. Data findings were analyzed using the Statistical Package for the Social Sciences (SPSS). The “family systems theory” was chosen and it allowed us to understand how the solidarity that naturally characterizes Burundian families is broken at the death of a spouse and how other family members react to widows in Burundian society. Results showed that living conditions have been improved by the financial and spiritual assistance that the widows received from Sister Connection. Furthermore, the majority of widows have benefited shelter from Sister Connection. Despite all this effort, a significant number of widows assisted by Sister Connection are illiterate, and this presents a challenge to communicate with them whether it’s through written communications or simply explaining certain things or communicating ideas. Training or teaching them becomes a challenge as they don’t easily pick up on things or understand as fast as they could. Widows live far from each other. In fact, some live in isolated areas which make it difficult to reach them and know their needs on a regular basis.