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Ground-breaking study judgment for prisoners

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Constitutional Law Criminal Law
In what is regarded as a ground-breaking judgment for the rights of prisoners who are studying while in jail, a judge ordered that the Correctional Service’s policy that they may not use their personal laptops – minus a modem – in their cells, constituted unfair discrimination, notes a Pretoria News report.

'Protected' alleged rhino kingpin goes on trial

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Criminal Law
The trial of an alleged kingpin of a syndicate that pocketed millions through rhino poaching, is to go ahead this week after 20 adjournments, notes a Sunday Tribune report. Details of how police, prosecutors and magistrates allegedly benefited from protecting alleged syndicate head Dumisani Gwala (56) could emerge.

Wardle wants to charge laptop in holding cell

By Juta and Company (Pty) Ltd Published on Tuesday, 08 May 2018
Civil Rights Criminal Law
Fraud accused legal commentator Brenda Wardle (58) made a brief appearance in court yesterday where she demanded her laptop be plugged in inside the holding cells to allow her to prepare her own defence. The Herald reports this is not the first time Wardle has made odd requests in the Port Elizabeth Commercial Crimes Court.

Delinquent dad faces jail in maintenance case

By Juta and Company (Pty) Ltd Published on Monday, 07 May 2018
Criminal Law Family Law Litigation
In a landmark case, a businessman has been convicted of failing to pay more than R1m in spousal and child maintenance from August 2012 – when the couple divorced – to May 2016 when his ex-wife laid charges against him, notes a Sunday Times report.

Man seeks R5.5m for ‘malicious detention, prosecution’

Xolani Shabalala, who spent three-and-a-half-years in jail before being acquitted of rape, is claiming R5.5m from the state, alleging that his detention and prosecution were malicious.

K-word case hears manager reduced to tears

By Juta and Company (Pty) Ltd Published on Thursday, 26 April 2018
Criminal Law
The black-on-black K-word case playing out in the Randburg Magistrate's Court heard yesterday that one of Investec chair Fani Titi's employees was reduced to tears by politically-connected businessman Peter-Paul Ngwenya's ‘bad’ treatment when he stormed their offices demanding money‚ notes Legalbrief.

Supra's 'gift' to Zuma prompts Hawks probe

By Juta and Company (Pty) Ltd Published on Monday, 23 April 2018
Criminal Law
A herd of cattle costing R1.5m and meant for emerging farmers was instead delivered to Nkandla – as a gift to Jacob Zuma from his political ally, North West Premier Supra Mahumapelo, says a Sunday Times report. The gift, paid for with public funds, is now under investigation by the Hawks and could lead to charges of fraud and corruption against Mahumapelo and the former President, who is already facing 16 charges, including fraud, racketeering and money laundering, stemming from the multibillion-rand arms deal.

NPA to prosecute Duduzane Zuma for culpable homicide

By Juta and Company (Pty) Ltd Published on Friday, 20 April 2018
Criminal Law
The NPA has decided to prosecute Duduzane Zuma for culpable homicide, it confirmed yesterday. A News24 report notes that Zuma had been given until the end of March to say why he should not be prosecuted, NPA spokesperson Luvuyo Mfaku said.

NPA's Gupta asset seizure victories 'illusory'

By Juta and Company (Pty) Ltd Published on Wednesday, 18 April 2018
Criminal Law Litigation
The Gupta family lawyers claim to be confident that an order used to seize assets worth R180m from them will be overturned. ‘These apparent victories are illusory and will not last the twitching of an eye‚’ lawyer Rudi Krause said, according to a TimesLIVE report.

Killer drunk driver to be charged with murder

By Juta and Company (Pty) Ltd Published on Wednesday, 11 April 2018
Criminal Law Personal Injury Law
A motorist initially charged for culpable homicide after ploughing into a group of youths and killing four of them is now facing murder counts. A report on the IoL site notes that the NPA altered its charges against Lazarus Malatjie after his blood tests for alcohol came back positive.

ConCourt rejects Pistorius appeal bid

By Juta and Company (Pty) Ltd Published on Tuesday, 10 April 2018
Constitutional Law Criminal Law Litigation
The Constitutional Court has dismissed an application by former Paralympian Oscar Pistorius to appeal his 13-year sentence for murder.

Momberg misses deadline on contempt application

By Juta and Company (Pty) Ltd Published on Monday, 09 April 2018
Civil Rights Criminal Law Litigation
Convicted racist Vicki Momberg, who has been jailed for two years for crimen injuria, has not yet filed an answering affidavit in the contempt of court application launched by the Human Rights Commission for not complying with an Equality Court order. Friday was the deadline for Momberg to file an affidavit stating reasons why she is opposing the application, says a TimesLIVE report.

Zuma seeks postponement of criminal trial

By Juta and Company (Pty) Ltd Published on Wednesday, 04 April 2018
Criminal Law Litigation
Former President Jacob Zuma’s lawyers have asked the NPA to postpone his first appearance in court on Friday. His lawyer, Michael Hulley, said they had written to the NPA asking for the postponement pending the outcomes of the review application Zuma was set to lodge, and the application brought by the DA regarding his legal fees.

Landmark decision to jail race hatred woman

By Juta and Company (Pty) Ltd Published on Thursday, 29 March 2018
Criminal Law
In a decision hailed as a landmark ruling in race hatred cases by the NPA – and as an example of double standards in how the law is applied by critics – racist estate agent Vicki Momberg was sentenced to an effective two years’ imprisonment yesterday on four counts of crimen injuria, notes Legalbrief.

Zuma gets his court date

By Juta and Company (Pty) Ltd Published on Tuesday, 27 March 2018
Criminal Law
Former President Jacob Zuma has been served – via his lawyer Michael Hulley – with a summons to appear in court on charges of corruption, money laundering, fraud and racketeering, notes Legalbrief. He is scheduled to appear in the KZN High Court (Durban) on 6 April – coincidentally the ninth anniversary of the day acting NPA head Mokotedi Mpshe decided to drop the charges.

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