Legal Articles and Guides

The Constitutional Court has reminded the Pretoria Society of Advocates of its duty to both the public and the courts to take appropriate steps to stop a struck-off advocate from continuing to practise, notes Daily News. It made the comment in a unanimous judgment handed down yesterday (Thursday) in the case of Ralph Patrick Ndleve, who had approached the court for a fifth time " his first four applications had been dismissed " in a bid to have his striking-off for malpractice and theft set aside.

As it "has now been almost half a year" since his party laid corruption charges against Atul and Ajay Gupta‚ DA leader Mmusi Maimane has written to acting National Police Commissioner Khomotso Phahlane‚ to get clarity on progress in the matter. "Maimane said he had requested that Phahlane "clarify the following": What progress had been made with regards to these charges; whether the SAPS had initiated an investigation; if an investigation had not been initiated, the reasons for this; if there was an investigation, who was the investigating officer; and the expected date of completion of the investigation.

Walmart-owned retailer Masstores took its battle with Pick n Pay Retailers to the Constitutional Court on Tuesday, says a BDlive report. The fight is over whether Pick n Pay is entitled to prevent Masstores" Game from selling fresh foods in its store at the Cape Gate shopping centre, by enforcing an exclusive right to trade as a supermarket.

President Jacob Zuma has filed his replying affidavit to the SCA in his bid to challenge the Gauteng High Court (Pretoria) ruling that he should face corruption charges, says a News24 report. In June, the High Court dismissed Zuma's leave to appeal its corruption decision. The NPA and Zuma"s lawyers are seeking leave to appeal the ruling, on 29 April, that the decision to discontinue the prosecution against Zuma on 783 corruption charges be set aside.

The claws are out for a Verulam Magistrate Visha Naidoo after Yousuf Ahmed Deedat"s eight cats "disappeared from the face of the earth", following her issuing a final restraining order against him, says a Post report. In a likely unprecedented case of a litigant suing a magistrate regarding a matter he or she has presided over, Deedat is claiming R200 000 for alleged negligence, alternatively intentional injury to his reputation, dignity and good name.

A University of Pretoria student leader, who made racist comments on Facebook in which he threatened to kill white people, has apologised for his post, says an SABC News report. Luvuyo Menziwa has been suspended from the SRC while the university is investigating the matter. Menziwa is a fourth year education student and a member of the EFF Student Command.

A corrupt procurement officer formerly in the employ of a food company in Lambert"s Bay, who was due for retirement in December after 44 years service, has forfeited half of his R2m pension benefits as compensation for the company"s R2.6m loss, says a report on the IoL site. In addition, Daniel Jacobus Poggenpoel (63), a married father of four, was jailed for five years when he appeared in Cape Town's Specialised Commercial Crime Court before Magistrate Constance Nziweni yesterday.

A three-member Bench of the High Court of Malawi will today hear arguments on the constitutionality of section 184(1)(c) of the Penal Code. The applicant is a street vendor who was arrested on his way to sell plastic bags. The applicant"s criminal trial was subsequently stayed pending the determination of the constitutional petition he filed, submitting that the offence is outdated and vague.

Accusing someone of committing adultery " even if it is not true " cannot be said to be defamatory because society no longer views such conduct with disdain. The Mercury reports this this was the upshot of a judgment by KZN High Court (Durban) Judge Mokgere Masipa in a matter in which a local doctor had tried to sue a close family friend for accusing him of having an affair with his wife.

Access to justice is an ongoing battle for women and children from disadvantaged communities, and free legal advice may make things a little easier. A report on the IoL site notes that as part of the annual Access to Justice week, 60 attorneys have joined the Department of Justice in offering free legal advice to the public at various centres throughout the country.

Since the “new” 2008 Companies Act came into effect in 2011, directors and other company officers have had to shoulder a raft of additional responsibilities and risks, amongst them a significantly increased risk of personal liability. Consider for example the little-known section 218(2) which waits in ambush for the unwary in the “Miscellaneous Matters” section at the tail-end of the Act.

Did you know that even as the owner of a house, you could still be evicted from it as an “unlawful occupier”? That could happen if, to take one example from a recent Supreme Court of Appeal matter, you give someone else a right of habitation. But why, you may ask, would you do that?

The Gauteng High Court (Johannesburg) case in which Jon Qwelane is seeking to have sections of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda) that govern hate speech and harassment ruled inconsistent with the Constitution, has been postponed, notes a Mail & Guardian report. Qwelane"s legal representatives sought postponement of the trial, due to begin yesterday, due to Qwelane"s poor health.

Dr Lulamile Jam Jam is being sued for R5.7m for allegedly misdiagnosing a disorder and prescribing medication which caused skin damage, says a Daily Dispatch report. The doctor does not deny giving Ziyanda Qubu the medication, but said she had used the medication before so he did not need to inform her of its side effects.

The Constitutional Court has warned the government and the legislature not to waste time in amending laws found to be unconstitutional, says a TimesLIVE report. The court reluctantly granted a third extension to the Department of Agriculture, Forestry and Fisheries, which has been ordered to secure the amendment of the Performing Animals Protection Act in a case brought by the National Society for the Prevention of Cruelty to Animals.