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Criminal Law

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Municpal employees linked to property scam

By Juta and Company (Pty) Ltd Published on Tuesday, 12 December 2017
Criminal Law Property Law
The Nelson Mandela Bay Municipality has more than quadrupled its property portfolio after uncovering a scam it believes has fleeced the metro out of hundreds of millions of rands. The discovery, which implicates several municipal employees, comes after a land audit revealed thousands of ‘off the books’ properties owned by the municipality all over the Bay.

O'Sullivan launches R190m claim against state

By Juta and Company (Pty) Ltd Published on Friday, 08 December 2017
Criminal Law Litigation
Forensic investigator Paul O’Sullivan’s lawyers this week served a notice of an intention to institute legal proceedings against the Minister of Police, National Commissioner of SAPS and the Minister of Justice and Constitutional Development for unlawful arrest, torture, kidnapping, deprivation of liberty, defamation/crimen injuria, trauma, intimidation and harassment, and malicious and vexatious prosecution. He is seeking R193 227 692.

Are investigative journalists being targeted by police?

By Juta and Company (Pty) Ltd Published on Thursday, 07 December 2017
Criminal Law Media Law
Are investigative journalists Jacques Pauw and Pieter-Louis Myburgh, who have both written about alleged corrupt relationships involving President Jacob Zuma, being targeted by police? Are the police attempting to intimidate them? Legalbrief notes these are legitimate questions following recent events recorded in a report on the News24 site.

The Supreme Court of Appeal says trial courts need to be more vigilant

By Juta and Company (Pty) Ltd Published on Wednesday, 06 December 2017
Civil Rights Criminal Law
The SCA has set aside a murder conviction and sentence imposed on Lefu Jantjie Bakane‚ because of the unlawful manner in which a confession was obtained from him. A TimesLIVE report notes Bakane and three other men were found guilty in 2009 of the murder of Johannes Albertus Maré.

Court orders end to staying of arrest warrants

By Juta and Company (Pty) Ltd Published on Friday, 01 December 2017
Criminal Law
Magistrates appear to have been acting unlawfully in issuing warrants of arrests and then staying the execution of the order, Legalbrief reports. In a special review judgment, the North West High Court has ordered that the practice must be stopped. The ruling arises out of a request by a senior magistrate for the High Court to review a lower court magistrate's decision to issue a warrant of arrest with immediate execution.

Magistrate 'eroded confidence in justice system'

By Juta and Company (Pty) Ltd Published on Wednesday, 29 November 2017
Civil Rights Criminal Law Litigation
A Benoni Regional Court Magistrate Mitzi Schutte, who has been found by appellate courts to have brought the administration of justice into disrepute on three prior occasions, has been admonished again by the SCA‚ which said her conduct eroded public confidence in the judicial system. The latest case dealt with an application by three men‚ who will again stand trial for murder and attempted murder, notes a TimesLIVE report.

Ground-breaking test on allocation of police resources

By Juta and Company (Pty) Ltd Published on Tuesday, 28 November 2017
Civil Rights Criminal Law Litigation
A ground-breaking case in which activist groups seek a declaration that the allocation of police resources in the Western Cape unfairly discriminates against black and poor people goes to the Equality Court in Cape Town today. The case was brought by the Social Justice Coalition (SJC) and Equal Education (EE) against the Minister of Police, the National and Provincial Police Commissioners and the Western Cape MEC for Community Safety in March 2016.

Slade comments ‘clear indication of hate speech’

By Juta and Company (Pty) Ltd Published on Tuesday, 28 November 2017
Criminal Law Litigation
Andre Slade, the Sodwana Bay guesthouse owner who authored e-­mails in which he claimed white people were superior to blacks, must be found guilty of racial discrimination and hate speech. The Witness reports this was the argument put forward by lawyers representing the Isimangaliso Wetland Park Authority and the Department of Tourism in an Equality Court case in which they want Slade to be ordered to apologise, to close down all websites and blogs and be fined R50 000.

Pistorius deserved maximum penalty

By Juta and Company (Pty) Ltd Published on Monday, 27 November 2017
Criminal Law Litigation
‘The six-year jail sentence imposed on Oscar Pistorius is shockingly lenient to a point where it has the effect of trivialising this serious offence. The facts of this case demand the imposition of the minimum sentence of 15 years imprisonment.’ A Pretoria News report says this was according to SCA Justice Willie Seriti, who handed down the judgment in which Pistorius’ jail term was more than doubled.

Alleged housing scam revealed in three cases

By Juta and Company (Pty) Ltd Published on Monday, 27 November 2017
Criminal Law Property Law
In three separate matters before the Durban Commercial Crimes Court, five suspects, including Clare Estate attorney Ajay Deba, have been accused of fraud and theft for their alleged involvement in the illegal sale of numerous properties in Phoenix, says a Sunday Tribune report. The scams, which began in 2014, include falsely advertising houses for sale without the knowledge of the owner. Narisha Ramsunder is accused of colluding with Christine Boalch and Stephanie Pillay and scamming people who wanted to buy property in Westham, Phoenix, last year.

Panayiotou to appeal life sentence

By Juta and Company (Pty) Ltd Published on Monday, 27 November 2017
Criminal Law
Christopher Panayiotou, who showed no remorse for killing his wife Jayde but pretended to be a doting husband throughout the trial, was sentenced to life in prison in the Eastern Cape High Court (Port Elizabeth), says a News24 report. Panayiotou's plot to kill his wife, carried out by his co-accused Sinethemba Nenembe and Zolani Sibeko, defied belief, Judge Dayalin Chetty said on Friday.

Fund tells law firm's victims to lodge claims

By Juta and Company (Pty) Ltd Published on Monday, 20 November 2017
Criminal Law Litigation Property Law
Property buyers who have been conned into parting with thousands of rands in a housing scam have been advised by the Attorneys Fidelity Fund to submit claims directly to the fund after reporting the law firm involved to the Cape Law Society.

Spooks launch case against Jacques Pauw

The State Security Agency, having failed to halt distribution of Jacques Pauw’s book, The President’s Keepers, via ‘cease-and-desist’ threats, has opted to pursue the criminal route against the author, notes Legalbrief. It has opened a criminal case against Pauw and a former member of the agency, believed to be Paul Engelke, named as a source in the book. The Directorate for Priority Crime Investigation had received the docket, Hawks spokesperson Brigadier Hangwani Mulaudzi confirmed, according to Business Day.

Mbalula ordered to cough up for unlawful arrests

By Juta and Company (Pty) Ltd Published on Wednesday, 08 November 2017
Civil Rights Criminal Law Litigation
Police Minister Fikile Mbalula and the King Sabata Dalindyebo municipality in the Eastern Cape have been ordered by the Eastern Cape  High Court (Mthatha) to pay damages of R1 515 000 plus interest for the unlawful arrest and detention of 14 people‚ one of them EFF MP Fana Mokoena, according to a TimesLIVE report.

SCA mulls whether Pistorius showed remorse

By Juta and Company (Pty) Ltd Published on Monday, 06 November 2017
Criminal Law
Judgment has been reserved in the state's application for leave to appeal the six-year sentence for murder imposed on Oscar Pistorius, says a report on the IoL site. The state argued before judges of the SCA that there were no substantial and compelling factors justifying Judge Thokozile Masipa deviating from the minimum prescribed sentence of 15 years for murder under the principle of dolus eventualis.

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