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Litigation

Rural school case heads to SCA

By Juta and Company (Pty) Ltd Published on Friday, 20 October 2017
Landlord Tenant Law Litigation Property Law
It was never going to end in the Western Cape High Court. A Cape Times report says this was the statement from Judge Elizabeth Baartman yesterday of the case involving the future of about 200 rural pupils, as she granted the Grootkraal community leave to have their case heard in the SCA.

Court curtails Minister's power to interfere

The Gauteng High Court (Pretoria) in a landmark judgment delivered yesterday – the same day as President Jacob Zuma eventually appointed a new board of directors at the SABC – limited the powers of the Communications Minister in appointing and firing members of the board. According to a Pretoria News report, Judge Elias Matojane declared several clauses of the amended memorandum of incorporation (MoI) and the SABC charter in respect to the appointment, discipline and suspension of the three executive directors – the group chief executive officer, chief operations officer and chief financial officer – inconsistent with the Broadcasting Act and thus invalid.

Woman wins damages for k-word assault

By Juta and Company (Pty) Ltd Published on Wednesday, 18 October 2017
Litigation Motor Vehicles Personal Injury Law
A KZN High Court (Durban) judge has found the eThekwini municipality liable for damages suffered by a Port Shepstone woman, who says two metro policemen viciously assaulted her and called her a ‘kaffir’, notes a report in The Mercury. A criminal charge levelled against one of the policemen was subsequently withdrawn due to insufficient evidence. But the woman brought civil action against the municipality and Judge Jacqui Henriques found she had proved her case on a balance of probabilities.

Rise in fraudsters targeting RAF

The Road Accident Fund is being targeted by fraudsters who are said to be colluding with corrupt police officers and the organisation’s employees in order to get their hands on payouts, says a Cape Times report. It adds dishonest touts, doctors and lawyers go as far as fabricating claimants’ payslips and medical records or create fictitious dependants and customary marriages for the claimants in order to inflate cash payouts.

Farm expropriation resistance heads to courts

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Constitutional Law Litigation Property Law
Organised agriculture and lawyers are up in arms about the government’s stated intention to expropriate seven farms in Limpopo for the R57m compensation set by the relatively new Valuer-General, says Rapport. The seven land owners are refusing to accept the valuation of the Valuer-General as fair compensation.

Regiments hits back with suit against pensions fund

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Business & Industry Law Litigation
Regiments Capital is suing the Transnet Second Defined Benefit Fund to recover lost fees and to possibly get reinstated, after its three-year contract was cut short. This, notes a City Press report, is despite Regiments allegedly misappropriating at least R232m from Transnet pensioners – with Transnet chief financial officer Garry Pita’s blessing – to benefit Gupta-linked Trillian. In a court application on Friday, Regiments demands that its replacement as the fund’s manager, Old Mutual, be removed. It wants a new tender to be put out, which would put Regiments back in the running for job.

Use of water from Elandsfontein aquifer challenged

By Juta and Company (Pty) Ltd Published on Monday, 16 October 2017
Environmental Law Litigation
An environmental organisation is taking the government and Kropz to court in a bid to stop the phosphate mine using water from the ancient Elandsfontein aquifer on the West Coast, according to a GroundUp report. The West Coast Environmental Protection Agency (WCEPA) has filed an urgent interdict in the Western Cape High Court against Kropz Elandsfontein (Pty) Ltd and the Minister and Department of Water Affairs and Sanitation.

‘Dagga couple’ seeks input on ConCourt case

By Juta and Company (Pty) Ltd Published on Friday, 13 October 2017
Civil Rights Litigation
Myrtle Clarke and Julian Stobbs – the so-called ‘dagga couple’ – embroiled in a court fight over legalisation of cannabis‚ want to join a second legal battle. Their case in the Gauteng High Court (Pretoria) has been postponed until next year‚ but this week they filed an application to the Constitutional Court to be admitted as friends of the court in another case, says a TimesLIVE report.

Judge stops bank closing Gupta-linked accounts

By Juta and Company (Pty) Ltd Published on Tuesday, 10 October 2017
Banking & Finance Law Litigation
The Gauteng High Court (Pretoria) has interdicted the Bank of Baroda from closing 20 Gupta-linked bank accounts pending the final outcome of their main application, says a BusinessLIVE report. The companies approached the court in September in a bid to have the date of the main application, which was meant to be heard in December, brought forward. Judge Tati Makgoka ordered that the bank not deactivate or close the companies accounts in the meantime. He also ordered that the Gupta companies lodge their final application within 15 days of his judgment.

Why 118 Life Esidimeni patients died – ombud

The fear of challenging authority, coupled with the reluctance to take accountability, is what led to the deaths of 118 patients under the care of the Gauteng provincial government. This is according to Health Ombudsman Malegapuru William Makgoba, who was the first witness to present evidence to an arbitration committee set up to probe the deaths of the patients, notes a Business Day report.

Town's buildings attached to pay municipal debt

By Juta and Company (Pty) Ltd Published on Monday, 09 October 2017
Litigation
The sheriff has attached the buildings of the town of Frankfort in the Free State in compliance with a High Court order, Volksblad reports. This is for the Mafube Municipality’s debt of R16m owed to the Samwu provident fund for contributions deducted from workers’ salaries but not paid over to the pension fund. 

Bond defaulters must be told of rights

Home-owners who default on their bond payments should not despair as they will not lose their property if they pay before it is sold. The Star reports this was the message from Gauteng High Court (Pretoria) acting Judge JG Rautenbach, who said people often threw in the towel when they received an order that they had to repay the outstanding bond, as well as an order declaring that the property may be sold so that the bank could recover its losses.

Zuma’s nephew hasn't acted on sequestration bid

By Juta and Company (Pty) Ltd Published on Wednesday, 04 October 2017
Insolvency Law Litigation
President Jacob Zuma’s nephew Khulubuse Zuma has taken no steps yet to oppose an application for his provisional sequestration for about R1.52bn owed to Pamodzi Gold companies although this could open up a full investigation of his financial affairs for the past eight years, says a Business Day report.

Pistorius family to sue over new movie

By Juta and Company (Pty) Ltd Published on Wednesday, 04 October 2017
Civil Rights Litigation Media Law
Oscar Pistorius’ family says a new film released on Monday showed a ' blatant disregard' for both his and Reeva Steenkamp’s family, and are taking legal action against the movie-makers. According to a TimesLIVE report, the Pistorius family dismissed the movie as a 'gross misrepresentation of the truth' and said neither Oscar, his family nor the defence were involved or consulted about the production.

Landmark jail sentence for driver who killed cyclist

Motorist Geoffrey Merrick was handed down a three-year prison sentence for killing a cyclist in a hit-and-run in 2013 in what has been described as a landmark ruling, says a report on the IoL site. The Kuilsriver Magistrate’s Court also suspended Merrick’s driver’s licence for six months. In May 2013, Merrick crashed into Dr Koos Roux, who was cycling with his son. Merrick fled the scene. Police arrested him 10 days later when debris found on the scene matched his car.

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