Some sections of Refugee Act declared unconstitutional
This decision comes after the Scalibrini Centre obtained an interdict preventing the Home Affairs Department from deporting foreign nationals intending to apply for asylum.
The organisation argues their deportation without taking their asylum applications into account is unconstitutional.
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IOL News
30-07-2025
- IOL News
Casoojee's plea to Justice Minister regarding his partenal struggle
Cape Town businessman Asif Casoojee has called on Justice Minister Mmamoloko 'Nkhensani' Kubayi to urgently intervene Image: File In an emotional and public plea, Cape Town businessman Asif Casoojee has called on Justice Minister Mmamoloko 'Nkhensani' Kubayi to urgently intervene in what he describes as a deeply painful legal struggle that has kept him separated from his children for more than a year. Casoojee accuses attorney Kaamilah Paulse, who represents his ex-wife, of manipulating the legal system to isolate him from his children and deny him meaningful access. Once married to Paulse, Casoojee says their post-divorce custody dispute has turned into a campaign of alienation, with him being systematically removed from his children's lives. Speaking to the media outside the Western Cape High Court this week, Casoojee described how his rights as a father have been eroded through what he calls calculated legal tactics. 'I am pleading with Minister Kubayi to look into this case. I have followed the law and respected the court process, but I am being punished for wanting to be a father. The system has been used to silence me.' Casoojee claims Paulse has overstepped her role as attorney, taking on functions beyond legal representation, such as appointing herself as the children's main school contact. Despite paying school fees and supporting his children financially, Casoojee says he is treated like an outsider. He recounted being denied entry to a Father's Day event in 2024, saying the school told him that Paulse was registered as next of kin. 'That day broke me,' he said. 'I was told I could not participate in an event made for fathers. My children saw that. They saw me being turned away.' Earlier this year, the Legal Practice Council's Appeals Tribunal found prima facie evidence that Paulse had committed professional misconduct. According to The Star and IOL, the case includes allegations of parental alienation, as well as an alleged attempt to condition Casoojee's access to his children on a R300,000 payment. The matter has since been referred to the LPC's Disciplinary Committee. Civil society organisations such as Fathers for Equality and Right to Justice have stepped in to support Casoojee's call for intervention. They argue that his case is not an isolated one, but part of a larger problem where fathers are stripped of rights due to unchecked legal practices. 'Too many fathers are being erased from their children's lives not because they are unfit, but because the system enables legal manipulation,' Casoojee said. 'This is not just about me. It is about the thousands of fathers who quietly suffer while their children grow up believing their dads abandoned them.' Attorney Kaamilah Paulse, through her law firm Herold Gie Attorneys, has denied any wrongdoing. The firm has stated it intends to challenge the tribunal's findings and maintains that Paulse acted lawfully and ethically throughout. Still, Casoojee remains determined. 'I want my children to know I never walked away. I was kept away,' he said. 'Minister Kubayi, please help fathers like me reclaim our rightful place in our children's lives.'
IOL News
30-07-2025
- IOL News
MK Party's John Hlophe declares no properties or gifts
Dr John Hlophe, Deputy President of the MK Party, has declared no financial or material interests in the June 2025 Register of Members' Interests. In a move that might raise some eyebrows, Dr John Hlophe, Member of Parliament and Deputy President of the MK Party, has declared no financial or material interests across all categories in the latest Register of Members' Interests for June 2025. According to the official submission, Hlophe marked 'Nothing to disclose' under every category, including shares and financial interests, remunerated work outside Parliament, directorships and partnerships, consultancies, sponsorships, gifts, free loans, travel, land and property ownership, pensions, rented property, income-generating assets, and trusts. Hlophe, formerly Judge President of the Western Cape High Court, entered the political space after a long and controversial judicial career. He was a central figure in multiple high-profile judicial controversies, including accusations of judicial misconduct that led to his impeachment by Parliament in early 2024. Following his removal from the judiciary, Hlophe joined the MK Party, a political party led by former President Jacob Zuma. In the 2024 general elections, he secured a seat in the National Assembly.
IOL News
18-07-2025
- IOL News
Tribunal rules Judge Parker lied about Hlophe assault, calls it gross misconduct
Western Cape Judge Parker found guilty of contradictions and ethical breaches Image: Supplied The Judicial Conduct Tribunal has found Judge Mushtak Parker guilty of dishonesty and gross misconduct after it emerged that he provided contradictory statements regarding an alleged assault by former Western Cape Judge President John Hlophe. The tribunal, chaired by retired Judge President Bernard Ngoepe, delivered a damning verdict, stating that Parker's actions violated the standards expected of a judicial officer. The tribunal examined two complaints against Judge Parker, both centered on allegations of misconduct involving dishonesty. The first complaint, lodged on March 23, 2020, by ten Western Cape High Court judges, accused Parker of lying under oath about being physically assaulted by Hlophe in his chambers on February 25, 2019. Parker initially deposed an affidavit claiming he had been shoved and assaulted by Hlophe, an account supported by affidavits from other judges. However, in a subsequent affidavit a year later, Parker retracted his earlier version, asserting that no assault had occurred. This flip-flop, supported by testimonies from colleagues, was deemed by the tribunal to be 'mutually exclusive' and indicative of gross misconduct. In his judgement, Judge Ngoepe stated, 'The respondent acted dishonestly in giving two contradictory and mutually exclusive versions about the incident that happened in his Chambers between himself and former Judge President Hlophe. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading 'And by giving these two contradictory and mutually exclusive versions, the respondent rendered himself guilty of gross misconduct, as envisaged in section 177(1)(a) of the Constitution.' Earlier in February, the key witness, Judge Derek Wille, recounted how Parker, visibly distressed, confided in him about the alleged assault and dictated an initial affidavit. Wille also testified that Parker showed him a broken key, which Parker claimed was caused during the assault. Further testimonies revealed that Parker had relayed details of the incident to several colleagues, some of whom expressed concern over his emotional state. Adding complexity to the case, Parker's colleagues noted that his accounts of the altercation with Hlophe were inconsistent and sometimes openly contradictory. In some instances, Parker maintained that he was assaulted; in others, he seemed to question whether an assault had taken place. The second complaint, brought by the Cape Bar Council, accused Parker of failing to disclose a significant trust account deficit during his application for permanent appointment as a judge. It was revealed that Parker's law firm had a long-standing R8 million shortfall due to misappropriation of trust funds, which he omitted in his application to the Judicial Service Commission (JSC). Judge Ngoepe said that Parker's failure to disclose such material information constituted 'gross misconduct,' breaching ethical standards expected of judicial officers and attorneys. In delivering the verdict, Judge Ngoepe ruled against Parker, citing the weight of evidence indicating dishonesty and misconduct. 'Given the body of evidence before us, the tribunal finds that Judge Parker's contradictory statements about the incident with Hlophe are unacceptable and constitute gross misconduct,' he declared. IOL Politics
