Suntu: I'll do the best I can as time allows. Many are watching to see what happens with this. Thx! On 5/13/08, SUNTOU TOURAY <[log in to unmask]> wrote: > > Bambalaye, i will be very interested if you could be forwarding the > proceedings of the case. it will be a test case and i hope justice prevail. > thanks > > Abdoulie Jallow <[log in to unmask]> wrote: Top court lets apartheid > claims proceed Mon May 12, 2008 11:58am EDT > > By James Vicini > > WASHINGTON (Reuters) - The U.S. Supreme Court on Monday cleared the way > for > lawsuits to go forward by apartheid victims seeking damages exceeding $400 > billion from more than 50 major corporations. > > With four justices recused from the case and therefore lacking a quorum, > the > high court issued a brief order simply affirming a ruling by a U.S. > appeals > court in New York. The appeals court had reinstated the lawsuits by the > plaintiffs, who claim the companies violated international law by > assisting > the apartheid system in South Africa. > > Chief Justice John Roberts and Justices Anthony Kennedy, Stephen Breyer > and > Samuel Alito did not take part in the case, apparently because they own > stock in some of the companies. > > Because they did not participate, the Supreme Court said it lacked a > quorum, > which requires at least six of its nine members. The affirming of the > lower-court ruling allows the lawsuits to proceed, but does not represent > a > decision by the justices on the merits of the dispute. > > A majority of the justices who considered the case said it could not be > heard and determined in the court's next term because of the lack of a > quorum, which happens rarely. > > The corporations named in the lawsuits included oil companies such as BP > Plc > and Exxon Mobil Corp, banks such as Citigroup, Deutsche Bank AG and UBS > AG, > as well as other multinationals like IBM, General Motors Corp and Ford > Motor > Co. > > The U.S. and foreign corporations appealed to the Supreme Court. The Bush > administration and business groups supported the appeal. > > The lawsuits, filed in 2002 by three separate groups of plaintiffs, were > brought on behalf of all persons living in South Africa between 1948 and > 1994 who were apartheid victims. > > One set of plaintiffs, a South African human rights organization called > the > Khulumani Support Group, represents some 36,000 claimants who suffered > during apartheid. > > "We are delighted. It's a victory and we are very, very happy," said > Shirley > Gunn, a Khulumani board member who says she was tortured during apartheid. > > 'MERIT IN THE CLAIMS' > > "This is obviously extremely good news. It certainly shows that there is > absolute merit in the claims that were filed against the corporations and > we > now look forward to this matter unfolding further in the New York District > Court," Charles Abrahams, a South African lawyer acting on behalf of the > group, told Reuters. > > Apartheid ended in 1994 when South Africa held its first all-race > elections, > bringing Nelson Mandela and the African National Congress to power. > > A federal judge in New York initially dismissed the lawsuits on the > grounds > that the court lacked jurisdiction over the cases. But the appeals court > ruled the lawsuits brought under the Alien Tort Claims Act (ATCA) could go > forward. > > The Bush administration took the position the lawsuits should be > dismissed. > It said the South African government repeatedly has opposed the lawsuits > as > an infringement of its sovereignty. > > The administration had urged the Supreme Court to rule that a private > defendant may not be sued under the ATCA for aiding and abetting a > violation > of international law by a foreign government in its own territory. > > But attorneys for the plaintiffs said the case was not ready for Supreme > Court review and that it should be allowed to go back to the federal > judge. > > The high court's action means the case will go back to the federal judge > for > more proceedings. Any eventual ruling by the judge then could be appealed > by > the losing side to the appeals court and ultimately to the Supreme Court. > > (Editing by Lisa Von Ahn and Tim Dobbyn) > > いいいいいいいいいいいいいいいいいいいいいいいいいいいいい > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface > at: http://listserv.icors.org/archives/gambia-l.html > > To Search in the Gambia-L archives, go to: > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l > To contact the List Management, please send an e-mail to: > [log in to unmask] > いいいいいいいいいいいいいいいいいいいいいいいいいいいいい > > > > いいいいいいいいいいいいいいいいいいいいいいいいいいいいい > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface > at: http://listserv.icors.org/archives/gambia-l.html > > To Search in the Gambia-L archives, go to: > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l > To contact the List Management, please send an e-mail to: > [log in to unmask] > いいいいいいいいいいいいいいいいいいいいいいいいいいいいい > > いいいいいいいいいいいいいいいいいいいいいいいいいいいいい To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] いいいいいいいいいいいいいいいいいいいいいいいいいいいいい