Legal Articles and Guides
SARS spent R26m on ‘rogue unit’ investigations
SARS paid financial services firm KPMG R23m to investigate allegations of irregularity and misconduct involving the so-called "rogue unit" established to investigate tax evasion, says a BDlive report. This was in addition to the R332 177 spent to finance the work of the Kanyane committee and the R3m paid to the Sikhakhane Panel, both of which were mandated to investigate allegations against former SARS employee Johann van Loggerenberg, who was involved with the unit.
Mistress gets damages after naked beating in street
A woman"s tryst with her married lover turned into a nightmare when a night of passion was interrupted and she was not only chased down the street naked and assaulted by the man"s wife and sister, but footage of her ordeal captured on video was later published on the front page of a newspaper. The Mercury reports Rose Mashiane subsequently instituted a R1m damages claim in the Gauteng High Court (Pretoria) against Thabisile Tibane and Lindiwe Masemola.
Journalist denies settling race defamation case
One of the former City Press journalists who brought a lawsuit against Media24 and its former editor Ferial Haffajee says he did not sign any settlement agreement regarding the court action. According to a report on the IoL site, the lawsuit was launched in in 2014 by Mawande Mvumvu, Khanyiso Tshwaku, Muntu Vilakazi and Denvor de Wee who accused Haffajee of defaming them by branding them as racists during a staff meeting in 2013.
Best way to catch counterfeit kingpins
While many brand-holders adopt an aggressive approach and pursue criminal action against so-called counterfeiters under the Counterfeit Goods Act, the Criminal Procedure Act provides very useful procedural tools with which to flush out counterfeit kingpins " ironically with the assistance of their own partners in crime, says Adams & Adams Attorneys" Jan-Harm Swanepoel, in an analysis in Business Day.
SA businessman faces mining rights bribery allegation
US authorities have implicated Cape Town multimillionaire Walter Hennig, an associate of politician-businessman Tokyo Sexwale, in the bribery of officials of three African countries for mining rights, notes a Business Day report. It says Hennig"s Palladino Holdings entered a joint venture named Africa Management with US hedge fund Och-Ziff Capital Management Group and Sexwale"s Mvelaphanda Holdings in 2008 to invest in natural resources.
Two RAF fraud cases before same magistrate
A man and a woman appeared in the Specialised Commercial Crime Court in Bellville, Cape Town, before Magistrate Sabrina Sonnenberg yesterday in different cases, both accused of fraud against the Road Accident Fund (RAF). The man, Mninindawo Mdledle (57), of Khayelitsha, is alleged to have submitted a R525 000 claim, via his attorney, notes a report on the IoL site.
Penny Sparrow matter postponed
Penny Sparrow made a brief appearance in the Umzinto Magistrate"s Court yesterday to face a charge of crimen injuria following her disparaging comments on Facebook about black beachgoers after a New Year"s Eve party. A News24 report says the matter was postponed to 12 September to allow her new attorney of record to consult with her, and to allow the state an opportunity to furnish the defence with the contents of the docket.
Five convicted of helping to move R135m
Five Chatsworth, Durban, relatives admitted in the Commercial Crimes Court that they helped a Durban-based Chinese businessman transfer more than $10m (about R135m) home illegally, says a Sunday Tribune report. The accused " Mohammed Ebrahim, Bilkis Karim, Rohaida Valley, Ebrahim Cassim and Iqbal Hoosen " who are all unemployed, pleaded guilty to charges relating to breaching the SA Reserve Bank Act. They allegedly moved large sums in multiple transactions.
Rights of child again stressed in top court
The rights of a child not to be detained except as a measure of last resort have been confirmed by the Constitutional Court‚ which ruled yesterday (Thursday) that a teenager can go ahead with a claim for damages against the state, notes a BDlive report. Joyce Raduvha wants damages from the Minister of Safety and Security after she was arrested without a warrant. She was 15 at the time.
Court rejects motive as mitigation in murder appeal
Killing a work colleague because you fear losing your job does not mean that you are entitled to a lighter sentence than life in prison. The Mercury reports this was the upshot of a recent ruling by three KZN judges who dismissed an appeal brought by two convicted killers against the life sentences they had been given for murder.
Defamation action against editor next week
The long-delayed racism case brought by reporters against their then boss Ferial Haffajee is due in court next week. A report in The Star says the four former City Press reporters " Mawande Mvumvu, Khanyiso Tshwaku, Muntu Vilakazi and Denvor de Wee " brought the case against then editor Haffajee in January 2014, accusing her of defaming them by calling them racists.
Huge spy scandal case playing out in court
Court documents have revealed what a Sunday Times report says is shaping up to be one of SA"s biggest spy scandals. Details of how a government official allegedly persuaded Welkom millionaire Johannes Cronje to fork out more than R15m for one of the world"s most sophisticated mobile spy gadgets are revealed in an affidavit.
Tax fraud security companies earn judge's wrath
Despite an extensive two-year tender process, three private security companies still managed to secure multimillion-rand City of Cape Town contracts on the basis of fraudulent Tax Clearance Certificates, the Western Cape High Court has found, according to a Weekend Argus report. So serious were the findings made against Okuli Security Services, Comwezi Security Services and Command Security Services SA, that Acting Judge Michael Donen saw fit to grant a punitive costs order against them.
No explosives found at homes of alleged 'terror twins'
No explosives were found at the homes of terrorism-accused twins Brandon-Lee and Tony-Lee Thulsie, the Johannesburg Magistrate"s Court heard yesterday. According to a News24 report, they were in court in a bid to have their arrests declared unlawful. During questioning by their lawyer Anneline van den Heever, investigating officer Wynand Olivier told the court that the bomb squad found no explosives at the two houses searched by the police. The bomb squad told him that explosives could be at another location, he told her.
Pistorius sentence an 'injustice' NPA appeal
The NPA will appeal Oscar Pistorius' six-year jail sentence, it said yesterday (Thursday), describing the sentence handed out by Judge Thokozila Masipa in the Gauteng High Court (Pretoria) as ‘shockingly too lenient'. It said the sentence had 'resulted in an injustice’ with the ‘potential to bring the administration of justice into disrepute’, notes Daily News. Pistorius was sentenced on 6 July for fatally shooting his girlfriend Reeva Steenkamp on Valentine's Day in 2013. He was initially convicted of culpable homicide and received a five-year sentence, but the SCA changed the conviction to murder and ordered that he be re-sentenced.
