Legal Articles and Guides
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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.
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.
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.
The SCA is expected to hand down judgment tomorrow (Friday) in the appeal by President Jacob Zuma and the NPA in the spy tapes saga, notes a News24 report. As previously reported, the President and the NPA have conceded that former NPA head Mokotedi Mpshe's decision not to prosecute Zuma on corruption charges was irrational.
Motorist Geoffrey Merrick was handed down a three-year prison sentence for killing a cyclist in a hit-and-run in 2013 in what has been described as a landmark ruling, says a report on the IoL site. The Kuilsriver Magistrate’s Court also suspended Merrick’s driver’s licence for six months. In May 2013, Merrick crashed into Dr Koos Roux, who was cycling with his son. Merrick fled the scene. Police arrested him 10 days later when debris found on the scene matched his car.
The Supreme Court of Appeal has acquitted Thandi Maqubela (62) of the murder of her estranged husband‚ acting Judge Patrick Maqubela, finding he probably died of natural causes. Maqubela was sentenced to 15 years’ imprisonment for murder in 2015, notes a TimesLIVE report. She will‚ however‚ serve sentences for the counts of forgery and fraud‚ the SCA ruled.
A wealthy Western Cape businessman has been handed a 15-year prison sentence for running a R278m Ponzi scheme, according to a TimesLIVE report. Graeme Minne hoodwinked close to 1 000 victims by enticing them with unrealistic returns of up to 65% from foreign exchange trading between 2002 and 2009.
The twenty-year sentence for three counts of culpable homicide, reckless driving and driving under the influence handed down by Magistrate Anand Maharaj to Kriesen Moodley in the Durban Regional Court this week has been welcomed by Justice Project South Africa (JPSA).
Sending out a stern message to drunk drivers, a Durban Regional Court magistrate has given a young man who caused an accident in which three people died a 20-year prison sentence. According to a News24 report Magistrate Anand Maharaj, passing sentence on Kriesen Moodley (24), said: ‘We need sentences that can have the effect of changing the mind-set of such drivers who become lethal weapons.’
The SCA is due to hear arguments in the state’s appeal against Oscar Pistorius’ six-year jail sentence on 3 November, says a Pretoria News report. Pistorius returned to jail for a second time in June 2016 to start serving his six-year jail term for the Valentine's Day 2013 killing of his model girlfriend Reeva Steenkamp.
Almost 10% of murders can be linked to vigilante attacks that have surged in Cape Town townships. A Cape Argus report notes that last week, four men were killed when members of the Marikana informal settlement in Philippi East took the law into their own hands. The community said they were sick of being targeted by criminals and the police’s response was unsatisfactory.
President Jacob Zuma's protracted legal battle of close to 10 years to avoid prosecution on charges that include corruption, racketeering, money laundering and fraud continues in the SCA today, notes a report on the IoL site. The charges stem from Zuma allegedly receiving inducements to use his real or perceived political influence to affect the award of contracts for the 1999 arms deal.
Private student grant payment company Intellimali has laid a charge of theft over the R14m allegedly paid to a student by mistake, spokesperson Brigadier Marinda Mills said yesterday, notes a News24 report. ‘The case has been assigned to a seasoned investigator and the standard investigative procedures will now be followed,' said Mills.
The police are hoping to finalise the R1bn claims to the Marikana victims soon, with some families already paid and others still to be paid, says a report in The Mercury. SAPS officials told Parliament yesterday they hoped to conclude the processes soon and the actuaries were working out the figures. The official told the Police Committee that several million rands had already been paid out to some of the people.
The DA has applied for direct access to the Constitutional Court to have the diplomatic immunity granted to Zimbabwe's First Lady Grace Mugabe set aside. A News24 report says it filed papers claiming that International Relations and Co-operation Minister Maite Nkoana-Mashabane's decision to let Mugabe off the hook for alleged assault was ‘wholly without legal merit’, and should be declared invalid.