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Litigation

Bank seeks order to ground Gupta jet

By Juta and Company (Pty) Ltd Published on Wednesday, 21 February 2018
Aviation Law Litigation
Canada’s state export bank says it went to court to ground the ZS-OAK jet of the Guptas to stop the family from using it to commit crimes or flee from justice, notes a Business Day report. The Guptas could use the aircraft ‘to flee the country or for some other illicit purpose, for example taking money out of the country unlawfully’, Export Development Canada (EDC) said in an affidavit filed in the Gauteng High Court (Johannesburg).

Dutch court delivers new blow to Steinhoff

By Juta and Company (Pty) Ltd Published on Wednesday, 21 February 2018
Litigation
Steinhoff has received another setback after the Amsterdam Court of Appeal ordered it to restate its financial statements for the year up to September 2016 to correct representations about its interests in POCO, a German retail group, Beeld reports. The application in the Enterprise Chamber of the Dutch court was brought by Andreas Seifert, a partner of POCO, and two associate companies, OM Handels and MW Handels.

Eastern Cape kingship dispute back in top court

By Juta and Company (Pty) Ltd Published on Wednesday, 21 February 2018
African Customary Law Litigation
The ongoing dispute over the rightful heir to the kingship of amaMpondo aseQaukeni in the Eastern Cape, was again before the Constitutional Court yesterday, says TimesLIVE. In 2013, the court set aside the notices that former President Jacob Zuma made in the Government Gazette recognising the kingship of Zanozuko Tyelovuyo Sigcau in 2010 and dismissing that of the incumbent Mpondombini Sigcau.

Doctor argues against disciplinary action over scheme

By Juta and Company (Pty) Ltd Published on Tuesday, 20 February 2018
Litigation
A doctor who allegedly ran dodgy financial schemes that cost his patients millions has approached the Gauteng High Court (Pretoria) for an order preventing the Health Professions Council (HPCSA) from taking disciplinary action against him. According to Rapport, the sequestrated Dr David Stephen Grieve (48) was central to financial schemes in which his patients lost R22m.

Scathing judgment sparks calls for Mkhwebane sacking

By Juta and Company (Pty) Ltd Published on Monday, 19 February 2018
Litigation
In a blow to Public Protector Busisiwe Mkhwebane, her Bankorp-CIEX report, which ordered Absa to pay R1.125bn, was set aside in a scathing judgment by the Gauteng High Court (Pretoria) on Friday, and immediately brought calls for her sacking, or, at the very least, a full investigation of her actions, notes Legalbrief.

Labour broker case in ConCourt this week

The protracted dispute between labour brokers and casual workers over the interpretation of section 198a of the Labour Relations Act will reach the Constitutional Court on Thursday. A Business Day report notes the issue – which has been before the CCMA, the Labour Court and the Labour Appeal Court – centres on the question about who is the rightful employer in the relationship between labour brokers, clients and employees.

Media groups fined for collusion

By Juta and Company (Pty) Ltd Published on Monday, 19 February 2018
Competition Law Litigation Media Law
The Competition Commission has fined two newspaper groups for collusion on the prices charged to advertisers. TimesLIVE says Caxton received a R5.8m fine and the Independent Group R2.2m. This follows a R22.3m fine handed to Naspers's pay-TV subsidiary DStv in May 2017, the commission said.

Mother sues after baby's arm amputated

The mother of a baby who lost his arm due to alleged medical negligence at the Stanger Hospital is suing the KZN MEC of Health for R7m. The matter is set down for June, notes a Sunday Tribune report.

Brokers planning legal action against Nova

By Juta and Company (Pty) Ltd Published on Thursday, 15 February 2018
Litigation
A group of about 200 brokers is in the process of instituting legal action against the board members of Nova Property Group, its auditors BDO and other stakeholders. Moneyweb says it has been aware of the pending legal action by the group, who previously sold Sharemax syndication products to clients.

SIU seeks R21m payback from Hlaudi Motsoeneng

By Juta and Company (Pty) Ltd Published on Wednesday, 14 February 2018
Litigation
Special Investigating Unit (SIU) head Lekhoa Mothibi told MPs yesterday that the unit had issued summonses to recoup R21m from former SABC chief operating officer Hlaudi Motsoeneng. A Business Day report says the summonses issued were to recover the R11m bonus Motsoeneng received in 2016 for ‘successfully’ negotiating the controversial R533m deal with MultiChoice.

Businessman wins case over actions of police officer

By Juta and Company (Pty) Ltd Published on Tuesday, 13 February 2018
Civil Rights Litigation Personal Injury Law
A Durban businessman, who said he was harassed and thrown into jail several times by a policeman at the behest of controversial racehorse owner and friend of President Jacob Zuma, Roy Moodley, has won his case against the Minister of Police.

Bonus denial was unfair practice, court rules

By Juta and Company (Pty) Ltd Published on Tuesday, 13 February 2018
Employment Law Labour Law Litigation
The Labour Court has ruled in favour of a senior Johannesburg Water employee who was denied a bonus, along with other senior staffers, despite receiving a high performance rating, notes TimesLIVE. Financial chief Cyrus Tavaria challenged the decision by the utility not to pay bonuses to staff in the top pay grades.

State sued over TB-ridden buffalo

By Juta and Company (Pty) Ltd Published on Tuesday, 13 February 2018
Litigation
SA’s big game breeder Jaco Troskie is suing the government for nearly R500m after officials allegedly knowingly sold him a TB-infected buffalo on a state auction. According to a Times Select report, the Northern Cape businessman claims the seven-year ordeal has wiped him out financially and destroyed his business’s reputation.

'Incapacity' dismissal of MS sufferer challenged

By Juta and Company (Pty) Ltd Published on Monday, 12 February 2018
Labour Law Litigation
Charged with incapacity last year after being diagnosed with multiple sclerosis in 2013, Sandra Teodosio (43), was fired by Woolworths after a disciplinary inquiry. Now she is challenging her dismissal at the CCMA, notes a Sunday Times report. She wants her job back and an order that the company discriminated against her.

SARS threatens legal action after assessment objections

By Juta and Company (Pty) Ltd Published on Monday, 12 February 2018
Litigation Tax Law
Several taxpayers have received threats from SARS that they are facing legal action because their tax payments are in arrears, says a Business Day report. However, it appears many of these taxpayers have filed objections to the assessments issued by SARS.

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