Legal Articles and Guides
Convicted racist Vicki Momberg broke down yesterday afternoon during her appeal proceedings in the Gauteng High Court (Johannesburg), saying her dignity has been impaired. Momberg, who represented herself after she dumped her new lawyers, told the two judges presiding over her case that the state had not proven its case against her, says a News24 report.
A racehorse trainer who claimed he was being ousted from the industry on racial grounds has received a lifeline from the SCA, which ruled that the Equality Court take another look at his complaint.
A motivational speaker has opened a case of crimen injuria and lodged complaints with the Equality Court and the Human Rights Commission after an alleged racist verbal assault at the Bedfordview licensing department.
The damning findings of the Gauteng High Court (Pretoria) against Public Protector Busisiwe Mkhwebane in the so-called Vrede dairy farm case, has again led to a chorus of calls for her to be removed from office. Among them is News24 assistant editor, Pieter du Toit, who says the court findings show that Mkhwebane is, 'at best, simply not up the job'.
Even if the Chicken Licken advert were offensive, regulators should allow it to air in a democratic, open and tolerant society. A Times Select report says this is the latest argument in the protracted legal battle to have the ‘colonialism’ advert unbanned.
Euthanasia remains ‘in the fog of debate’ in SA legal circles and has been debated both before and since the constitutional dispensation arrived along with democracy. The debate, says Werksmans Attorneys’ Neil Kirby, was recently ‘revived’ by the Gauteng High Court (Pretoria) ruling in Stransham-Ford v Minister of Justice and Correctional Services, and a subsequent decision, on appeal, by the SCA in Minister of Justice and Correctional Services and Others v Estate Late James Stransham-Ford and Others.
The Mokgoro inquiry has found that deputy NDPP Nomgcobo Jiba and her colleague, Lawrence Mrwebi, a Special Director of Public Prosecutions, are not fit for office, clearing the way for President Cyril Ramaphosa to fire the pair, widely seen as former President Jacob Zuma ‘plants’ in the NPA.
A former employee at a global insurance firm is pursuing R25m in damages, claiming her company failed to assist her after an executive was allegedly found to have uploaded compromising videos of her to a porn site without her consent.
The EFF has called for a judicial commission of inquiry with financial forensic capacity into alleged discriminatory practices by banks against black people, says a TimesLIVE report. This follows revelations of alleged racism against black homeowners by FNB that were broadcast on Sunday by the SABC's Special Assignment – allegations flatly denied by FNB.
The only successful applicant for the Black Industrialist Programme in Limpopo is taking the Department of Trade & Industry to court because he did not receive his promised R14.2m grant, says a City Press report. Murendi Properties was listed in the department’s annual incentive report up to March last year as the only beneficiary of the scheme in Limpopo.
The old South African flag will come into focus when the Nelson Mandela Foundation and AfriForum appear in the Equality Court on 29 and 30 April to argue for and against whether the apartheid symbol constitutes hate speech. In February last year, the foundation announced that it had made an application to the Equality Court for an order declaring that gratuitous displays of the old apartheid flag constitute hate speech, unfair discrimination and harassment based on race, it said in a statement yesterday.
The KZN High Court (Pietermaritzburg) has ruled that Varsity College LLB degrees carry the same status as degrees obtained at any other university. Concern that the Varsity College graduates may not qualify to do articles had been raised early last year when a parent – on inquiring from the KZN Law Society – was told by the society that the college’s LLB degree would not suffice for students to do their articles.
Online car buying portal WeBuyCars.co.za was not misleading in promising to buy and sell any make or model of car in its adverts, the Advertising Regulatory Board has ruled. Complainant Dennis Sibuyi, responding to the online company's adverts, said when he tried to sell his 2016 BMW X6M for R1.4m (its value) he was told he could not because the company did not purchase vehicles worth more than R1m.
Insolvency practitioner Dines Gihwala’s once impressive career, which stretched over 40 years, was ended yesterday when the Western Cape High Court struck the practitioner off the roll of attorneys. At the peak of his profession, Gihwala was appointed as one of the curators of fraudster Arthur J Brown’s Fidentia group of companies, which collapsed after plundering millions of rands from pension funds and leaving widows and orphans starving.
The murder trial of Sean Davison, who founded the 'right to die' organisation DignitySA, was postponed to 29 April after he made a brief appearance in the Cape Town Magistrate's Court yesterday. Magistrate Greg Jacobs granted the postponement to allow for Davison to consult his lawyer, and his bail of R20 000 was extended.