Legal Articles and Guides
Judgment was reserved in the Equality Court (Pretoria) yesterday after two days of hearings in the case between the SA National Editors Forum (Sanef) and the EFF, whose leader Julius Malema showed no signs of backing down, notes a Daily Maverick report.
Sphamandla Mtshali – who spent a 20 months in jail for housebreaking and robbery and was then told that the charges had been dropped – is to receive R1m in damages.
The trial of Adam Catzavelos – the Johannesburg businessman who caused an uproar for using the K-word in a video – has been postponed to 29 August, says a TimesLIVE report. The defence made their submissions to the Randburg Magistrate's Court on 5 July, which the Gauteng DPP still has to go through.
Criticised for having acted negligently – and then for passing the buck to her secretary – a lawyer has been found liable in the Eastern Cape High Court (Port Elizabeth) for the R1m her client lost to sophisticated online hackers. Ordering conveyancer and notary Lynette Volschenk to pay up, Judge Bantubonke Tokota said she had owed a duty to her client to safeguard his money.
Auditor-General Kimi Makwetu yesterday said more than R1.6bn of the R2bn invested by municipalities into VBS Mutual Bank cannot be recovered. Makwetu, reporting on the audit outcomes of municipalities for the 2017/2018 financial year, described the non-recovery of public funds invested in VBS as a classic example of the 'impact of deteriorating accountability' in municipalities.
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.