Legal Articles and Guides
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.
The hostility of an unhelpful King William’s Town magistrate who refused to assist an unrepresented accused facing a negligent driving charge has resulted in his conviction being set aside, notes a report in The Herald. In setting aside the conviction and R2 000 fine dished out to Wildridge Peter Galt in the King William’s Town Magistrate’s Court, the Eastern Cape High Court (Grahamstown) affirmed both the right of accused people to be legally represented as well as their right to refuse it and represent themselves.
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.
The High Court battle over who should pay former President Jacob Zuma’s legal fees could be precedent-setting – by establishing principles for when and how the state will pick up the tab when officials are charged with corruption in the future.
Judge Brian Spilg warned Tigon accused Gary Porritt this week that he will make (negative) inferences if Porritt fails to deal with material matters in his criminal trial, notes a Moneyweb report. Porritt is cross examining the state’s first witness, convicted fraudster Jack Milne. Porritt is the former CEO of JSE-listed financial services group Tigon, which collapsed around 2002.
The General Council of the Bar (GCB) said it would be inappropriate to deliver a verdict on whether rape-accused Timothy Omotoso's lawyer Peter Daubermann displayed misconduct when cross-examining rape victim Cheryl Zondi, as he was not an advocate. Daubermann has been criticised widely for his manner in cross-examining Zondi.
The Cape Town Magistrate’s Court heard yesterday that a proponent of allowing the terminally ill to die with dignity through the legalisation of euthanasia, Sean Davison – arrested and charged with one murder – may be charged with several more. A Cape Times report says born in New Zealand and known worldwide for helping his mother Pat (85) to die following her battle with cancer, Davison (57) was arrested this week and appeared in court on a charge of premeditated murder relating to the 2013 assisted suicide of Anrich Burger, who was left a quadriplegic after an accident in 2005.
A long-running battle between an Mpumalanga businessman and conservationist, Fred Daniel, who obtained an interim protection order against Deputy President David Mabuza to prevent the former Premier from allegedly trying to run him off his land in the Great Nkomazi River Valley, took a turn in the Carolina Magistrate’s Court recently when a new magistrate hearing the matter was asked to recuse himself.