Legal Articles and Guides
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.
A probe into a lawyer who was not a lawyer faces the daunting task, says a Times Select report. Evidence against the man known by three names (Patel Muhamed, Mohamed Ismail and Muhamed Ismail Patel) shows he allegedly defrauded Absa of about R17m, faked his legal qualification, and is said to have bribed staff at the office of the Master of the High Court to steal files.
The Health Department has vowed to defend the right not to hand over private medical records of listeriosis patients to lawyers acting for Tiger Brands, reports Times Select. Tiger Brands wants the names and health information of every patient who contracted listeriosis, including what other diseases they had and autopsy information, the news site says.
A demand for R3m in damages for alleged plagiarism by two academic doctors has been served on the University of Fort Hare (UFH) by a former Masters student, says a Daily Dispatch report. The two education faculty academics, Dr Jane Abongdia and her husband Dr John Wankha Foncha, are accused of using Nomalizo Mazwayi’s work without her knowledge and presenting it as their own in an edition of the Journal of Social Science published in 2014.
The Gauteng High Court (Pretoria) has refused to approve a surrogacy agreement between a gay couple who are not living together as a ‘family unit’. According to a Beeld report, Judge Ronel Tolmay raised concerns about one of the partners, a medical specialist, who is worried that his paternity through surrogacy would reveal his sexual orientation to colleagues.
Veteran attorney and former co-chair of the Law Society of SA Silas Nkanunu has fallen foul of the society’s provincial arm, which is seeking to interdict him from practising until he gets his fidelity fund certificate, says a Daily Dispatch report. The Cape Law Society claims in court papers that Nkanunu – a partner in Port Elizabeth firm Silas Nkanunu & Van Loggerenberg – has been practising throughout 2017 without a fidelity fund certificate.