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Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.

Rural school case heads to SCA

By Juta and Company (Pty) Ltd Published on Friday, 20 October 2017
Landlord Tenant Law Litigation Property Law
It was never going to end in the Western Cape High Court. A Cape Times report says this was the statement from Judge Elizabeth Baartman yesterday of the case involving the future of about 200 rural pupils, as she granted the Grootkraal community leave to have their case heard in the SCA.

Zuma, Ministers info in massive data leak

One of SA’s top real estate companies that has admitted being the unwitting source of the largest known personal data breach to date in the country claims to have ascertained that the dump of personal information – estimated at 31.6m records – includes the estimated income‚ addresses and cellphone numbers of the likes of President Jacob Zuma‚ Finance Minister Malusi Gigaba and Police Minister Fikile Mbalula. 

Court curtails Minister's power to interfere

The Gauteng High Court (Pretoria) in a landmark judgment delivered yesterday – the same day as President Jacob Zuma eventually appointed a new board of directors at the SABC – limited the powers of the Communications Minister in appointing and firing members of the board. According to a Pretoria News report, Judge Elias Matojane declared several clauses of the amended memorandum of incorporation (MoI) and the SABC charter in respect to the appointment, discipline and suspension of the three executive directors – the group chief executive officer, chief operations officer and chief financial officer – inconsistent with the Broadcasting Act and thus invalid.

AfriForum’s Nel moves to prosecute Duduzane Zuma

By Juta and Company (Pty) Ltd Published on Wednesday, 18 October 2017
Criminal Law
President Jacob Zuma's son Duduzane Zuma may be the first person to be hauled before AfriForum's private prosecuting unit. A News24 report says former NPA prosecutor Gerrie Nel – who joined AfriForum this year – confirmed that papers have been filed to pursue a culpable homicide case against Duduzane.

Woman wins damages for k-word assault

By Juta and Company (Pty) Ltd Published on Wednesday, 18 October 2017
Litigation Motor Vehicles Personal Injury Law
A KZN High Court (Durban) judge has found the eThekwini municipality liable for damages suffered by a Port Shepstone woman, who says two metro policemen viciously assaulted her and called her a ‘kaffir’, notes a report in The Mercury. A criminal charge levelled against one of the policemen was subsequently withdrawn due to insufficient evidence. But the woman brought civil action against the municipality and Judge Jacqui Henriques found she had proved her case on a balance of probabilities.

Massive data breach exposes millions

By Juta and Company (Pty) Ltd Published on Wednesday, 18 October 2017
Science & Technology Law
In what is being labelled SA's biggest data breach, the personal and sensitive information of an estimated 30m South Africans has been exposed, a leading security developer has discovered. BusinessLIVE says that Tory Hunt, a Microsoft regional director, reported that he had uncovered 'a very large breach' titled 'masterdeeds'.

Rise in fraudsters targeting RAF

The Road Accident Fund is being targeted by fraudsters who are said to be colluding with corrupt police officers and the organisation’s employees in order to get their hands on payouts, says a Cape Times report. It adds dishonest touts, doctors and lawyers go as far as fabricating claimants’ payslips and medical records or create fictitious dependants and customary marriages for the claimants in order to inflate cash payouts.

Discovery gets banking licence

By Juta and Company (Pty) Ltd Published on Tuesday, 17 October 2017
Banking & Finance Law
Discovery has been granted a banking licence, putting the health and life insurance group a little closer to its goal of establishing a retail bank by 2018. The granting of the licence to NewDisc Limited, shortly to be renamed Discovery Bank, was still subject to certain regulatory conditions, including shareholder and Competition Commission requirements, the company said in a statement recorded on the BusinessLIVE site.

What the SCA judgment found...

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Criminal Law
The SCA decided the Gauteng High Court (Pretoria) judgment reinstating the Zuma corruption charges could not be faulted. In April 2009, then acting National Director of Public Prosecutions Mokotedi Mpshe dropped the charges based on what became known as the spy tapes, which allegedly showed political interference in the decision. The NPA argued that determining the date for the serving of an indictment on Zuma was politically motivated, notes a BusinessLIVE report.

Farm expropriation resistance heads to courts

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Constitutional Law Litigation Property Law
Organised agriculture and lawyers are up in arms about the government’s stated intention to expropriate seven farms in Limpopo for the R57m compensation set by the relatively new Valuer-General, says Rapport. The seven land owners are refusing to accept the valuation of the Valuer-General as fair compensation.

Regiments hits back with suit against pensions fund

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Business & Industry Law Litigation
Regiments Capital is suing the Transnet Second Defined Benefit Fund to recover lost fees and to possibly get reinstated, after its three-year contract was cut short. This, notes a City Press report, is despite Regiments allegedly misappropriating at least R232m from Transnet pensioners – with Transnet chief financial officer Garry Pita’s blessing – to benefit Gupta-linked Trillian. In a court application on Friday, Regiments demands that its replacement as the fund’s manager, Old Mutual, be removed. It wants a new tender to be put out, which would put Regiments back in the running for job.

Gupta wedding landing first 'red flag'

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Business & Industry Law
KPMG SA was first alerted that all was not well with the accounts of Gupta firms it audited when the press started reporting on the landing of the Gupta's wedding aircraft at Waterkloof Air Force Base in April 2013. The embattled auditor's CEO Nhlamu Dlomu reportedly told Fin24 that an accumulation of ‘red flags’ in the Gupta's accounts – coupled with media reports – eventually compelled the firm to cut ties with companies linked to the family.

Use of water from Elandsfontein aquifer challenged

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Environmental Law Litigation
An environmental organisation is taking the government and Kropz to court in a bid to stop the phosphate mine using water from the ancient Elandsfontein aquifer on the West Coast, according to a GroundUp report. The West Coast Environmental Protection Agency (WCEPA) has filed an urgent interdict in the Western Cape High Court against Kropz Elandsfontein (Pty) Ltd and the Minister and Department of Water Affairs and Sanitation.

‘Dagga couple’ seeks input on ConCourt case

By Juta and Company (Pty) Ltd Published on Friday, 13 October 2017
Civil Rights Litigation
Myrtle Clarke and Julian Stobbs – the so-called ‘dagga couple’ – embroiled in a court fight over legalisation of cannabis‚ want to join a second legal battle. Their case in the Gauteng High Court (Pretoria) has been postponed until next year‚ but this week they filed an application to the Constitutional Court to be admitted as friends of the court in another case, says a TimesLIVE report.

Garnishee fraud remains rampant

Despite the Constitutional Court’s landmark ruling on the illegality of certain practices in the administration of garnishee orders – made more than a year ago – activists claim that fee-gouging and fraudulent court orders are continuing unabated, according to Business Day. Lisinda Bailey, one of the applicants in the Western Cape High Court case on garnishee orders that was confirmed by the Constitutional Court, says her life was ruined by the irresponsible granting of credit and subsequent garnishees.

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