Morning Docket: 12.02.24 – Above the Law

Photographer:
Al
Drago/Bloomberg
via
Getty
Images

*
Joe
Biden
is
pardoning
his
son
Hunter.
Anyone
concerned
about
justice
and
the
rule
of
law…
should
have
said
their
peace
when
the
bog
standard
plea
deal
for
Hunter’s
charges
that
could’ve
resolved
this
without
a
pardon
got
blown
up
by
grandstanding
politicians.
[

CNN]

*
Supreme
Court
doesn’t
have
time
for
death
penalty
appeals
from
likely
innocents,
but
it
is
more
than
ready
to
consider
the
rights
of
vapers
to
buy
flavored
products.
Which
seems
like
a
betrayal
of
the
tobacco
farming
Framers
but
“history
and
tradition”
are
elusive
concepts.
[Reuters]

*
Attorney
blames
his
rage
over
racism
after

mailing
poop
to
judges
and
politicians
.
[ABA
Journal
]

*
Energy
practices
gear
up
for
AI
to
suck
up
more
of
the
world’s
power.
[Bloomberg
Law
News
]

*
Companies
ask
full
Federal
Circuit
to
set
tighter
rules
on
what
juries
are
allowed
to
award
in
patent
cases.
And
by
“full”
Federal
Circuit,
they
mean
“not-the-full”
Federal
Circuit
as
Judge
Pauline
Newman

remains
“pocket
impeached”
by
her
colleagues
.
[Law360]

*
Partner
classes
are
still
shrinking.
[American
Lawyer
]

This Firm Is Handing Out Bonuses On Top Of Bonuses For Associates Who Billed Their Butts Off – Above the Law

Thanksgiving
has
come
and
gone,
but
that
doesn’t
mean
that
law
firmsare
done
stuffing
associates’
bank
accounts
with
cold,
hard
cash.
Firms
big
and
small
are
still
matching
Milbank’s
generous

year-end
bonuses

and

special
bonuses
.
When
will
your
firm
make
its
announcement?

The
latest
firm
that’s
awarding
bonuses
to
hardworking
associates
is
New
York
mainstay
Seward
&
Kissel,
a
firm
that’s
graced
the
city
that
never
sleeps
for
nearly
135
years.
Here’s
what
the
bonus
grid
looks
like
at
S&K
for
eligible
associates
(i.e.,
those
with
2,000
hours,
of
which
1,850
must
be
billable
hours
and
150
are
“qualified”
non-billable
hours):

  • Class
    of
    2023

    $20,000
  • Class
    of
    2022

    $30,000
  • Class
    of
    2021

    $57,500
  • Class
    of
    2020

    $75,000
  • Class
    of
    2019

    $90,000
  • Class
    of
    2018

    $105,000
  • Class
    of
    2017+

    $115,000

Seward
&
Kissel
is
also
matching
the
Milbank
special
bonus
scale,
but
these
are
specifically
tied
to
billable
hours

associates
must
have
2,200
total
hours,
with
at
least
1,850
billable
hours
and
150
qualified
non-billable
hours:

  • Class
    of
    2023

    $6,000
  • Class
    of
    2022

    $10,000
  • Class
    of
    2021

    $15,000
  • Class
    of
    2020

    $20,000
  • Class
    of
    2019

    $25,000
  • Class
    of
    2018

    $25,000
  • Class
    of
    2017+

    $25,000

Associates
who
“substantially”
exceed
the
eligibility
requirements
for
special
bonuses
at
the
firm
may
receive
an
“increased”
special
bonus.

Congratulations
to
everyone
at
Seward
&
Kissel!

Remember
everyone,
we
depend
on
your
tips
to
stay
on
top
of
compensation
updates,
so
when
your
firm
announces
or
matches,
please
text
us
(646-820-8477)
or email
us
 (subject
line:
“[Firm
Name]
Bonus/Matches”).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Bonus
Alerts
(which
is
the
alert
list
we
also
use
for
salary
announcements),
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.
Thanks
for
your
help!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
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&
Salary
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.


Morning Docket: 12.02.24 – Above the Law

Photographer:
Al
Drago/Bloomberg
via
Getty
Images

*
Joe
Biden
is
pardoning
his
son
Hunter.
Anyone
concerned
about
justice
and
the
rule
of
law…
should
have
said
their
peace
when
the
bog
standard
plea
deal
for
Hunter’s
charges
that
could’ve
resolved
this
without
a
pardon
got
blown
up
by
grandstanding
politicians.
[

CNN]

*
Supreme
Court
doesn’t
have
time
for
death
penalty
appeals
from
likely
innocents,
but
it
is
more
than
ready
to
consider
the
rights
of
vapers
to
buy
flavored
products.
Which
seems
like
a
betrayal
of
the
tobacco
farming
Framers
but
“history
and
tradition”
are
elusive
concepts.
[Reuters]

*
Attorney
blames
his
rage
over
racism
after

mailing
poop
to
judges
and
politicians
.
[ABA
Journal
]

*
Energy
practices
gear
up
for
AI
to
suck
up
more
of
the
world’s
power.
[Bloomberg
Law
News
]

*
Companies
ask
full
Federal
Circuit
to
set
tighter
rules
on
what
juries
are
allowed
to
award
in
patent
cases.
And
by
“full”
Federal
Circuit,
they
mean
“not-the-full”
Federal
Circuit
as
Judge
Pauline
Newman

remains
“pocket
impeached”
by
her
colleagues
.
[Law360]

*
Partner
classes
are
still
shrinking.
[American
Lawyer
]

Supreme Court Confirms ZANU PF’s Tonderai Mutasa As Victoria Falls Ward 1 Councillor


Utloile
SilaigwanaUtloile
Silaigwana 

In
a
statement,
ZEC
Chief
Elections
Officer
Utloile
Silaigwana
confirmed
that
the
Supreme
Court’s
decision
upholds
the
High
Court’s
18
November
2024
judgment,
which
means
Tonderai
Mutasa
of
ZANU
PF
remains
the
duly
elected
councillor
for
the
ward.
Added
Silaigwana:

The
ruling
disqualified
the
independent
candidate’s
nomination
following
an
application
which
cited
Mambume
as
a
debtor
owing
the
local
authority
in
unpaid
bills


As
a
result
of
the
Supreme
Court
decision,
there
will
be
no
by-election
in
Ward
1
of
Victoria
Falls
Municipality
on
30
November
2024.

The
other
by-elections
for
Ward
38
of
Makoni
Rural
District
Council
and
Ward
10
of
Bindura
Rural
District
Council
will
go
ahead
on
30
November
2024
as
scheduled.

Mambume
had
filed
an
appeal
at
the
Supreme
Court
challenging
the
High
Court’s
decision
to
bar
him
from
contesting
the
November
30
poll.

He
claimed
he
was
a
victim
of
a
“well-resourced
corrupt
cabal”
within
the
local
authority
seeking
to
remove
him
to
advance
their
interests.

The
High
Court
disqualified
Mambume
following
an
electoral
petition
by
Mutasa,
who
argued
that
Mambume
was
in
default
on
water
and
rates
payments
exceeding
US$17
000
for
over
120
days,
a
violation
of
the
Electoral
Act.

This
ruling
automatically
declared
Mutasa
the
duly
elected
councillor
for
Ward
1,
as
he
and
Mambume
were
the
only
candidates.

However,
Mambume,
represented
by
Tanaka
Law
Chambers,
challenged
the
ruling,
arguing
that
the
disqualification
was
orchestrated
by
“corrupt
officials”
in
the
Victoria
Falls
City
Council.

Post
published
in:

Featured

Zimbabwe’s 720MW Power Plant To Break Ground On December 2


1.12.2024


4:50

President
Emmerson
Mnangagwa
is
set
to
officiate
the
groundbreaking
ceremony
for
a
new
power
station
in
Hwange,
where
a
plant
capable
of
generating
over
700MW
of
electricity
will
be
constructed.


The
720MW
project
is
a
partnership
between
Titan
New
Energy
and
ZESA
Holdings,
and
Mnangagwa
is
scheduled
to
lead
the
ceremony
on
Monday,
December
2,
at
Tutu
Ingagula,
located
along
Chaba
Black
Road
in
Hwange.

In
an
interview
with
the Chronicle earlier
this
week,
Matabeleland
North
Provincial
Affairs
and
Devolution
Minister
Richard
Moyo
said
that
the
project
is
one
of
the
major
agreements
secured
by
President
Mnangagwa
during
his
recent
visit
to
China.
Said
Moyo:


On
2nd
December,
President
Mnangagwa
will
lead
the
ground-breaking
of
the
Titan
Energy
projects,
so
that
construction
can
begin.

Titan
is
working
in
Hwange
and
has
made
a
joint
venture
with
a
company
in
China
after
being
invited
by
the
President
to
explore
investment
opportunities
in
Zimbabwe.

We
thank
our
President
Mnangagwa
for
his
visit
to
China,
where
53
countries
met
with
China’s
President.

Zimbabwe
is
one
of
the
countries
that
signed
investment
agreements,
and
they
plan
to
build
an
electricity
power
station
that
will
generate
900MW,
plus
a
200MW
solar
system.

This
will
be
a
mega
station,
bigger
than
Units
7
and
8,
and
we
thank
President
Mnangagwa
for
being
open
for
business
and
inviting
investors
into
Zimbabwe.

We
are
excited
as
a
province
because
this
creates
jobs
for
our
people
and
boosts
the
provincial
economy.

The
construction
of
the
new
power
plant
in
Hwange
will
boost
Zimbabwe’s
power
generation
capacity,
reducing
the
country’s
reliance
on
imports
and
helping
to
alleviate
the
ongoing
challenges
of
load-shedding.

This
development
is
expected
to
provide
much-needed
relief
to
households,
businesses,
and
industries
that
have
been
grappling
with
frequent
power
outages.

Hwange,
which
hosts
some
of
Zimbabwe’s
largest
coal
reserves,
is
also
home
to
the
country’s
biggest
power
plant.

The
Hwange
Colliery
Company,
which
operates
the
region’s
oldest
coal
mine,
has
proven
reserves
estimated
to
last
over
1,000
years
at
the
current
production
rate.

Post
published
in:

Featured

SA extends validity of Zim Exemption Permits by one year

This
move
also
allows
time
for
the
required
consultations
and
legal
processes
to
unfold.

The
decision
by
Schreiber
follows
a
directive
from
the
Gauteng
High
Court
requiring
the
Minister
to
consult
with
affected
ZEP
holders
and
stakeholders
regarding
the
future
of
the
permit
programme

The
Zimbabwean
Exemption
Permit
was
initially
introduced
to
allow
Zimbabwean
nationals
living
in
South
Africa
to
regularise
their
stay.

However,
the
future
of
the
programme
has
been
under
scrutiny,
with
ongoing
debates
on
whether
it
should
be
extended
or
phased
out.

“I,
Dr
L.
A.
Schreiber,
MP,
Minister
of
Home
Affairs,
with
the
powers
bestowed
upon
me
in
terms
of
section
31(2)(b)
of
the
Immigration
Act,
(“Immigration
Act”)
have
decided
to
extend
the
validity
of
the
Zimbabwean
Exemption
Permits
(“ZEP”)
until
28
November
2025
in
order
for
me
to
fulfill
the
duty
placed
on
me
by
the
Gauteng
High
Court
to
consult
the
affected
ZEP
holders
and
all
other
stakeholders
on
the
future
of
the
current
dispensation,”
Schreiber
said
in
a
statement
issued
by
the
Department
of
Home
Affairs
on
November
28,
2024.

The
Home
Affairs
minister
said
the
extension
would
provide
the
necessary
time
for
consultation
and
allow
the
reactivation
of
the
Immigration
Advisory
Board
(IAB).

“The
first
task
of
the
IAB
will
be
to
consider,
advise,
and
enable
the
steps
required
for
compliance
with
the
Order
of
the
High
Court
on
the
future
of
the
ZEP,”
Schreiber
stated.

The
extension
comes
with
several
key
provisions
to
provide
fair
treatment
for
ZEP
holders
during
the
transition
period
in
accordance
with
the
Immigration
Act,
read
together
with
the
Immigration
Regulations,
2014.

These
include:

1.
Validity
of
Existing
Permits
where
all
existing
ZEPs
will
remain
valid
for
the
next
12
months,
making
sure
permit
holders
will
not
face
deportation
or
arrest
for
not
having
a
valid
exemption
certificate
during
this
period.

2.
No
Deportation:
ZEP
holders
will
not
be
detained,
deported,
or
ordered
to
depart
South
Africa
solely
based
on
the
validity
of
their
permits,
as
long
as
they
are
otherwise
complying
with
the
Immigration
Act.

3.
Ease
of
Entry
and
Exit:
ZEP
holders
will
be
permitted
to
enter
and
exit
South
Africa,
provided
they
meet
all
other
requirements
for
entry,
except
for
the
possession
of
a
valid
visa.

4.
Visa
Applications:
ZEP
holders
will
not
be
required
to
produce
a
valid
exemption
certificate,
visa,
or
authorisation
letter
when
applying
for
temporary
visas
or
permits.

Minister
Schreiber
highlighted
the
importance
of
allowing
a
fair
process
for
all
affected
individuals,
noting
it
provides
ZEP
holders
with
the
security
and
clarity
they
need,
while
also
allowing
time
for
the
required
consultations
and
legal
processes
to
unfold.

The
Home
Affairs
Ministry
has
directed
any
queries
related
to
the
directive
to
be
sent
to
its
contact
center
for
further
assistance.

The
extension
of
the
ZEP
is
seen
as
a
temporary
but
critical
measure
in
addressing
the
challenging
situation
facing
Zimbabwean
nationals
in
South
Africa,
offering
a
reprieve
for
the
one-year
period
while
consultations
on
the
future
of
the
programme
continue.

For
more
information,
ZEP
holders
are
encouraged
to
contact
the
Department
of
Home
Affairs
at hacc@dha.gov.za.

On
1
December
2023,
former
Minister
of
Home
Affairs
(Minister),
Dr
Aaron
Motsoaledi,
announced
his
decision
to
grant
an
exemption
to
foreign
nationals
in
possession
of
either
a
ZEP
or
a
Lesotho
Exemption
Permit
(LEP).

In
terms
of
the
announcement,
the
Minister
extended
the
validity
of
ZEPs
and
LEPs
for
an
additional
period
of
12
months,
that
was
from
29
November
2023
to
29
November
2024,
which
decision
was
gazetted
on
4
December
2023.

The
purpose
of
this
extension
was
to
allow
holders
of
a
ZEP
or
LEP
an
opportunity
to
apply
for
a
new
exemption
permit
that
would
be
issued
with
an
expiry
date
of
29
November
2025.

All
ZEP
and
LEP
holders
were
accordingly
allowed
to
continue
working
and
residing
in
South
Africa
until
at
least
29
November
2024,
unless
they
obtain
new
exemption
permits
that
will
allow
them
to
reside
and
work
in
South
Africa
as
if
they
were
permanent
residents
until
29
November
2025.

Wife faces murder for striking husband with pot, burning log in domestic row

HARARE

A
24-year-old
Silobela
woman
faces
murder
after
she
allegedly
struck
her
husband
with
a
pot
on
the
head
further
attacking
him
with
a
burning
log
during
an
ill-fated
domestic
dispute.

The
incident
was
confirmed
by
police
via
the
law
enforcement
organisation’s
official
social
media
handles.

According
to
the
statement,
“police
in
Kwekwe
arrested
Liona
Mbulawa,
24,
in
connection
with
a
case
of
murder
which
occurred
at
Makande
Village,
Malisa,
Silobela
on
27
November
2024
in
which
her
husband
Brighton
Dube,
29,
died.

“The
suspect
hit
the
victim
with
a
pot
on
the
head
before
striking
him
with
burning
log,
several
times
all
over
the
body,
after
a
domestic
dispute.”


The
incident
happened
just
as
the
nation
observes
the
annual
16
Days
of
Activism
Against
Gender
Based
Violence.

Choppies supermarket announces plans to cease Zimbabwe operations

HARARE

Leading
grocery
retailer,
Choppies
Enterprises
Limited
has
announced
plans
to
cease
its
operations
in
Zimbabwe
citing,
among
other
reasons,
competition
from
the
informal
sector.

In
a
statement,
the
Botswana
listed
firm
owned
by
Nanavac
(Pty)
Ltd,
said
it
has
started
negotiations
aimed
at
selling
the
company.

“The
board
of
directors
of
Choppies
(“Board”)
hereby
advises
all
shareholders
that
the
Company
has
entered
into
discussions
regarding
a
possible
sale
of
the
business
operations
of
Nanavac
(Pty)
Ltd
trading
as
Choppies
Zimbabwe
for
cash
(“Possible
Sale”),
which,
if
successfully
concluded,
could
have
an
impact
on
the
Company’s
share
price,”
said
the
company,
which
has
30
stores
in
Zimbabwe.

Added
the
retailer,
“The
Possible
Sale,
which
is
subject
to
certain
conditions
and
regulatory
approval,
is
aligned
to
the
strategic
intent
of
Choppies
to
focus
on
profitable
retail.


“In
Zimbabwe,
over
the
last
two
years,
there
has
been
a
significant
shift
to
the
informal
retail
sector,
leaving
the
formal
retail
sector
to
battle
a
reduction
of
up
to
30%
in
footfall
and
having
to
compete
with
the
informal
sector.”

Zimbabwe
has,
in
the
recent
few
years,
seen
the
proliferation
of
both
registered
and
unregistered
tuckshops
in
both
the
residential
areas
and
the
CBDs.

While
the
formal
shops
are
obliged
to
follow
scrupulous
business
conduct
with
heavy
penalties
hanging
above
their
heads
for
malpractices,
the
corner
shops
are
often
let
off
the
hook,
allowing
them
to
charge
their
goods
in
hard
currency.

Grocery
vendors,
likewise
have
emerged
as
another
layer
of
competition
and
are
found
on
city
pavements,
including
on
supermarket
verandas.

Competitors
of
big
shops
in
the
informal
sector
hardly
pay
any
tax
or
rentals,
leaving
them
with
the
leeway
to
vary
their
prices
downwards
where
necessary.

Choppies
added
in
its
statement,
“While
we
believe
in
the
country’s
long-term
viability,
Choppies
as
a
group
needs
more
capital
to
support
its
Zimbabwean
operations
for
extended
periods
and
has
already
invested
significant
capital
to
support
the
operations.

“Due
to
the
factors
mentioned
above
we
have
decided
to
exit
the
country.

“Shareholders
are
cautioned
that
there
is
no
certainty
at
this
stage
that
the
discussions
will
lead
to
a
formal
transaction,
and
approval
from
the
Zimbabwean
Competition
and
Tariff
Commission
is
required.

“The
company
advised
shareholders
“to
exercise
caution
when
trading
in
their
Choppies
shares
until
a
further
announcement
is
made”.

Parliament apologises to Mnangagwa after budget speech power disruption

HARARE

Parliament
has
issued
an
apology
to
President
Emmerson
Mnangagwa
and
the
nation
following
an
embarrassing
power
outage
at
the
New
Parliament
Building
during
the
closing
remarks
of
Finance
Minister
Mthuli
Ncube’s
2025
national
budget
presentation
on
Thursday.

The
incident
saw
Mnangagwa
being
escorted
out
of
the
Chinese
built
facility
in
the
darkness
after
parliament’s
generators
took
moments
to
come
to
life.

ZESA
spokesman
George
Manyaya
immediately
attributed
the
incident
to
a
fault
which,
he
said,
had
been
caused
by
lightning.

Manyaya
said
“it’s
an
act
of
nature
and
definitely
not
load
shedding
as
is
being
suggested
on
social
media”.


In
a
statement,
parliament
also
apologised
to
Mnangagwa
saying
information
at
hand
indicated
that
thunderstorms
and
high
winds
affected
overhead
lines
resulting
in
tripping
at
a
132kv
feeder
that
supplies
power
to
a
substation
which
feeds
power
to
Mt
Hampden.

The
fault,
according
to
parliament,
also
affected
areas
neighbouring
the
Mt
Hampden
building
at
around
3.25PM.

Parliament
said
the
standby
generator
at
the
building
was
equally
affected
by
the
power
surge
resulting
in
the
generator
losing
its
memory
settings.

The
incident
would
not
have
happened
at
a
worse
time
than
a
period
in
which
the
entire
nation
and
the
world’s
attention
focussed
on
how
Zimbabwe
sought
to
address
its
myriad
economic
challenges
through
its
budget.

Zimbabwe
has
endured
recurrent
power
woes
which
have
seen
both
businesses
and
households
spend
long
periods
without
the
critical
resource
everyday.

While
the
recurrent
power
shortages
have
often
been
linked
to
depleting
water
levels
at
Lake
Kariba,
the
country’s
main
source
of
power
in
decades

by
government,
the
incident
on
Thursday
spotlighted
on
the
Zimbabwean
authorities’
failures
to
find
lasting
solutions
to
the
crisis.

Reconstruction Of Mbare Musika Begins, Set For Completion In 7 Months


Presenting
the
2025
National
Budget
on
Thursday,
Finance
Minister
Mthuli
Ncube
revealed
that
the
newly
rebuilt
Mbare
Musika
will
provide
space
for
at
least
10,000
traders.
Said
Ncube:

Following
the
fire
outbreak
that
completely
destroyed
Mbare
Musika,
Government
in
partnership
with
the
private
sector,
through
a
PPP
arrangement
has
started
the
reconstruction
process
of
a
modern
market
facility,
capable
of
accommodating
at
least
10
000
SME
traders.


The
reconstruction
aims
to
provide
a
safer
and
more
organised
environment
for
vendors,
while
revitalising
the
area
as
a
thriving
commercial
hub.

Scheduled
to
begin
in
November
2024,
the
reconstruction
is
expected
to
take
seven
months
to
complete.

Ncube
added
that
the
government,
in
partnership
with
the
Harare
City
Council,
has
provided
temporary
trading
spaces
for
vendors
to
continue
operating
while
the
reconstruction
of
Mbare
Musika
is
underway. He
said:

During
the
reconstruction
phase,
Government
through
the
Harare
City
Council
has
provided
temporary
trading
space
for
vendors,
which
is
located
at
opposite
Carter
House
to
enable
traders
to
continue
with
their
trading
operations.

This
reconstruction
project
is
part
of
the
Government’s
“Building
Back
Better”
initiative,
that
was
launched
following
the
declaration
by
His
Excellency,
the
President,
Dr.
E.
D
Mnangagwa
of
the
fire
at
Mbare
Musika
a
State
of
National
Disaster.

Ncube
added
that
the
reconstruction
of
Mbare
Musika
is
a
vital
initiative
aimed
at
strengthening
the
resilience
and
efficiency
of
Zimbabwe’s
markets,
setting
a
benchmark
for
the
development
of
future
market
infrastructure
across
the
country.

Post
published
in:

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