Legal Articles and Guides
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The owner of the guest lodge who was found guilty of racism and hate speech remains defiant and has vowed to take his fight all the way to the Constitutional Court following a scathing judgment that described him as a racist. The Mercury reports André Slade – the former owner of the Sodwana Bay Guest house – said he was the victim of hate speech and racism after he was labelled a racist by the MEC for Economic Development and Tourism, Sihle Zikalala.
Racist guesthouse owner Andre Slade was dealt another blow when KZN High Court (Durban) Judge Esther Steyn upheld an earlier ruling by the Equality Court that found him and his partner, Katarina Krizaniova, guilty of hate speech, says a TimesLIVE report.
‘Physical punishment in the home is an antiquated form of discipline, which stems from a time when we did not know about child development and child psychology. But we know better now. Research shows that physical punishment does not teach children better behaviour. It may achieve short-term compliance but does not lead to insight and long-term changes in behaviour, which is what parents usually want to achieve when disciplining children.’
More than R400 000 of illicit VBS Mutual Bank funds was used by Brian Shivambu, brother of EFF’s deputy president Floyd, as a deposit to purchase a R2.7m townhouse in Fourways, Johannesburg, according to a Mail & Guardian report. Documents it says it has seen reportedly show that various payments, ranging from R100 000 to R300 000, by Sgameka Projects referencing Pine Avon were made between October last year and January this year.
Former President Jacob Zuma is likely to be fighting his last crucial court battle to stop his corruption prosecution in May 2019 – the same month mooted for national elections, according to a Business Day report. Zuma’s defence team and the NPA will set down deadlines in the KZN High Court (Pietermaritzburg) today for the former President’s permanent stay of prosecution application.
While child abuse should not be tolerated, the ‘reasonable and moderate chastisement’ of children as a form of physical discipline by their parents should be allowed, the Constitutional Court heard yesterday, according to a News24 report. This was the case put forward by Freedom of Religion SA (FOR SA), which has taken a judgment striking down this form of chastisement as a defence in criminal cases, on appeal.
As the trial of those involved in the multimillion-rand Integrated Public Transport System (IPTS) fraud case looms, the Asset Forfeiture Unit (AFU) was back in court yesterday – this time in an attempt to recoup R2m a law firm allegedly received through a corrupt relationship with a contractor.
The KZN officer charged with two counts of murder after his wife and brother-in-law were shot dead inside a divorce court, has also died, police have confirmed, according to a News24 report. Police spokesperson Colonel Thembeka Mbele confirmed the officer succumbed to his injuries after being admitted to hospital when he turned the gun on himself following the shootings.
Businessmen and former Transnet director, Stanley Shane, and business partner, Clive Angel, are no longer facing prosecution, notes a report in the Saturday Star. They appeared in the Johannesburg Specialised Commercial Crimes Court where they faced fraud, theft, money laundering, forgery and uttering charges, which were dropped following representations to the state by their lawyer, Billy Gundelfinger.
AfriForum yesterday said it would support the family of Reshall Jimmy, who burnt to death in a Ford Kuga, in their battle with Ford Motor Company. 'The criminal justice system failed the victim in this case. The family has been waiting almost three years for the case to be investigated,' said Advocate Gerrie Nel, head of AfriForum's private prosecution unit, at a media briefing in Centurion.
Protesters will no longer have to give prior notification to the responsible officer of a municipality for a peaceful protest of more than 15 people, the Constitutional Court ruled yesterday. The court upheld a Western Cape High Court judgment against the criminalisation of protests under the 1993 Regulation of Gatherings Act, reports The Citizen.
The mayor and municipal manager of one of the North West municipalities which invested R150m with VBS Mutual Bank have gone to ground after national Treasury ordered them to return the money to the revenue fund. Boitumelo Mahlangu, the Mayor of Dr Ruth Mompati district municipality in Vryburg, has failed to answer questions about her municipality’s failure to act against municipal manager Jerry Mononela for investing with VBS.
The NPA in KZN has confirmed that former President Jacob Zuma has filed an application seeking a permanent stay of prosecution in his corruption trial. The NPA's Natasha Karra reportedly told News24 that ‘this is a high profile matter, and cannot divulge yet what is in the affidavit, but can confirm that the former President's legal team has filed an application’.
The Constitutional Court is expected to deliver its ruling on the Gatherings Act today. Cape Argus reports two months ago, the court heard the matter after Western Cape High Court Judge Thandazwa Ndita ruled in January that section 12(1)(a) of the Regulation of Gatherings Act was unconstitutional.
Oscar Pistorius’ former advocate, Barry Roux, has become the latest member of the team of lawyers attempting to fight against an early release for convicted paedophile Bob Hewitt (78). A Weekend Argus report notes Hewitt is applying to have his prison sentence converted to house arrest.