Legal Articles and Guides
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The man who taxi owner, Colin Booysen, and his bodyguards are accused of shooting dead had tried to break away from a gang the state alleges Booysen is part of, the Bellville Magistrate's Court heard on Friday, notes a News24 report. However, Booysen's lawyer strongly rejected that Booysen or the guards were involved in any gang activity. He was also outraged that a new charge of attempted murder was brought against his clients on Friday during the second part of their bail application.
Because members of the public have not been provided with the evidence on which Advocate Terry Motau SC and Werksmans’ ‘VBS Mutual Bank – The Great Bank Heist’ report was based and as it is not clear that the Hawks and the NPA will have the skills and political will to pursue this vigorously, it is not possible for members of the public to say who (if anyone) will be convicted of criminal offences for actions related to the criminal enterprise.
Major General Andre Lincoln – a policeman chosen by then-President Nelson Mandela to head an elite presidential investigative unit – has won an appeal in a civil case against the Police Minister in the Western Cape High Court. A News24 report says Lincoln confirmed that his appeal – which follows at least 15 years of legal wrangling – had been successful.
Whether or not you personally have ever had (or intend to have) anything to do with cannabis/marijuana/weed/dagga, and whether or not you agree with the recent Constitutional Court ruling in Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton that partially decriminalises it, the fact remains that the highest court in our land has spoken. All of us should be aware of the implications.
A multimillion-rand lawsuit brought by one of Port Elizabeth’s most dangerous criminals over his stint in solitary confinement was revived in a judgment by the SCA – with the Department of Correctional Services also being slapped with a legal bill. The Herald reports Andile Silatsha (31) sued the department for R4.4m for the mental anguish he claims he suffered as a result of being locked up in solitary confinement at St Albans prison for 10 days.
The Constitutional Court has again refused leave to appeal by a man who was sentenced to three life imprisonment terms after being convicted on three counts of rape 18 years ago, notes TimesLIVE. Oscar Vusi Thwala said his conviction was substantially unfair based on the fact that the trial court determined his case without considering DNA evidence that was being processed during his trial.
Suspected Serbian hitman Dobrosav Gavric looks set to face extradition to his home country after the Constitutional Court ruled that he was not a candidate for refugee status. A Saturday Star report notes Gavric has spent the past seven years in prison after his true identity was discovered following the murder of suspected Cape Town underworld figure Cyril Beeka.
The Cape Town Magistrate’s Court heard yesterday that a proponent of allowing the terminally ill to die with dignity through the legalisation of euthanasia, Sean Davison – arrested and charged with one murder – may be charged with several more. A Cape Times report says born in New Zealand and known worldwide for helping his mother Pat (85) to die following her battle with cancer, Davison (57) was arrested this week and appeared in court on a charge of premeditated murder relating to the 2013 assisted suicide of Anrich Burger, who was left a quadriplegic after an accident in 2005.
The NPA says all those facing criminal charges relating to cannabis use and possession will still face prosecution, notes a Daily News report. Advocate Moipone Noko, Director of Public Prosecutions (DPP) in KZN, was responding to questions about whether people would still be prosecuted following this week’s ruling by the Constitution Court decriminalising the private use and cultivation of dagga.
The mastermind in a multi-million rand perlemoen enterprise Morne Blignaut was sentenced to an effective 20 years behind bars in the Eastern Cape High Court (Port Elizabeth) yesterday. IoL reports that Blignaut pleaded guilty and was convicted on two charges of racketeering and a charge of contravening the Marine Living Resources Act.
A man, who allegedly spiked a 13-year-old girl's soft drink before he made her shave her pubic hair and raped her, was denied bail in the Wynberg Magistrate's Court yesterday, says a News24 report. According to the teen's version, the accused allegedly pulled her into his house when she walked past, locked the door and hid the keys.
‘Parliament is now constitutionally prohibited from passing legislation that would criminalise the private cultivation, possession, and consumption of cannabis. While Parliament can tweak the laws to ensure the effective enforcement of laws to criminalise the commercial manufacture and dealing in cannabis (for example, by providing a precise definition for what would constitute a ‘private space’), any such law would have to respect the rights of an adult to cultivate, possess and consume cannabis in private.’
In a landmark judgment, the Constitutional Court has decriminalised the use or possession of cannabis by an adult in private for personal consumption, as well as the cultivation of it by an adult for personal use. However, the use or possession of cannabis by a child in any place or by an adult in public was not decriminalised, notes BusinessLIVE.
A specialist physician has been sentenced to six years imprisonment – suspended for five years – for culpable homicide after he bungled a procedure, Beeld reports. Dr Whitney Mentor (42), who works from MediClinic Vanderbijlpark, pleaded guilty to the charge.
A family of 10 busted in a R150m drug raid has managed to secure a stay of prosecution thanks to two pending court cases around the legal use of dagga, their lawyer reportedly told Times Select yesterday. ‘It would have been very prejudicial to my clients if the case ... went to trial while there is such a pending crucial case that can affect their own case,’ lawyer SW Van der Merwe said, adding that they feared direct imprisonment.