Legal Articles and Guides
Senior political anchor at the SABC Vuyo Mvoko will be appealing to the SCA over the SABC"s decision not to put him on air, his lawyers said, according to a BDlive report. Mvoko was one of eight SABC journalists who lost their jobs for criticising the public broadcaster"s decision not to air footage of violent protests where public property was attacked.
The Gauteng High Court (Johannesburg) has ordered SAA to pay more than R104m plus interest to liquidated airline Nationwide for damages caused by SAA"s abuse of market dominance from 2001 to 2006. This, notes a Moneyweb report, is only the second claim of its kind in SA competition law and the first time a damages claim based on a finding by the Competition Tribunal has been litigated.
The Legal Resources Centre (LRC) has lodged an urgent application to declare that Rural Development and Land Reforms Minister, Gugile Nkwinti, is in contempt of a court order, says a Cape Times report.
The long-delayed racism case brought by reporters against their then boss Ferial Haffajee is due in court next week. A report in The Star says the four former City Press reporters " Mawande Mvumvu, Khanyiso Tshwaku, Muntu Vilakazi and Denvor de Wee " brought the case against then editor Haffajee in January 2014, accusing her of defaming them by calling them racists.
Lawyers for a creditor owed €1.3m (R19.6m) by Ellies subsidiary Megatron claim Friday"s voluntary business rescue announcement released via Sens was "null and void", says a BDlive report. Law firm Hogan Lovells " acting on behalf of creditor Ormazabal International Business " said its High Court application on 19 July to have Megatron placed into business rescue or under liquidation had priority.
The Constitutional Court has agreed to hear an appeal by the state against a SCA ruling that the government acted contrary to the Constitution when it failed to detain Sudanese President Omar al-Bashir in the country last year. The hearing has been set down for 22 November.
Wimpie Barnard " a financial adviser on whose advice pensioner Elizabeth Fourie invested R530 000 into two property syndication schemes promoted and marketed by Sharemax " has been ordered to repay Fourie the money she invested, says a report in Business Report.
Despite an extensive two-year tender process, three private security companies still managed to secure multimillion-rand City of Cape Town contracts on the basis of fraudulent Tax Clearance Certificates, the Western Cape High Court has found, according to a Weekend Argus report. So serious were the findings made against Okuli Security Services, Comwezi Security Services and Command Security Services SA, that Acting Judge Michael Donen saw fit to grant a punitive costs order against them.
On 12 May 2016 the SCA delivered a judgment in the matter of Nova Property Group Holdings v Cobbett. The appeal arises from the attempts of Moneyweb and Mr JP Cobbett to exercise their statutory right in terms of section 26 of the Companies Act 71 of 2008 to access the securities registers of Nova Property Group Holdings Limited, Frontier Asset Management & Investments and Centro Property Group.
The KZN High Court (Pietermaritzburg) has found that when disbarred Durban attorney Ian Stokes used R5.7m of his clients’ funds, he had the necessary intention to steal the money, says a report in The Mercury. Stokes was convicted of the charge of ‘theft by general deficiency’ of the amount. The theft took place between June 1998 and October 2000 while he was running a law firm and a separate business dealing in RAF claims in Durban. Judge Esther Steyn extended his bail conditions until October when evidence on pre-sentencing would be led.
Senior political anchor at the SABC Vuyo Mvoko should not be punished, even for a day, for doing his constitutional duty, the Gauteng High Court (Johannesburg) heard yesterday. Legalbrief notes the court is expected to rule today on whether he will be immediately reinstated or told to await the outcome of an SABC investigation of misconduct against him. A BDlive report points out Mvoko is the last of the eight journalists who lost their jobs at the public broadcaster for criticising it for its ban on the broadcast of footage of violent protests. The other seven, who were employees, were reinstated after court action.
SAA acting CEO Musa Zwane yesterday defended the airline"s acting chief financial officer"s actions in response to whistle-blower Cynthia Stimpel"s warnings about a dodgy deal and dismissed the urgency of the suspended treasurer"s application to halt a disciplinary hearing against her. The Labour Court in Johannesburg was told Stimpel had breached SAA"s code and ethics after she leaked documents to the Organisation Undoing Tax Abuse (Outa) that it used to institute court action against the airline in a bid to halt the carrier"s suspect debt financing deal with BnP Capital.
President Jacob Zuma and his family have decided against donations from benefactors and ANC members to help him pay back his R7.8m Nkandla bill, according to a City Press report. They have opted for a home loan instead. Zuma"s family has been at the centre of efforts to secure the loan on their Nkandla property with VBS Mutual Bank, which prides itself on being the only black-owned bank in the country.
What is going on with Danny Jordaan? Is he really being pursued by the FBI in connection with World Cup bribery allegations? Why has he hired a high-powered legal team? These questions, notes Daily News, require answers following claims this week that the president of the SA Football Association and apparently erstwhile Port Elizabeth mayor has engaged lawyers to deal with the FBI probe.
A Gauteng High Court (Pretoria) application has exposed how the chairperson of a R12bn pension fund irregularly obtained a home loan, secured by the fund, to buy a Mercedes-Benz and to pay off his tax bill, says a City Press report. Despite being accused of contravening section 19(5) of the Pension Funds Act, Ron Field remains in his post as chair of the National Fund for Municipal Workers – a fund that holds the pensions of 43 000 municipal workers. However, notes the report, the fund has defended its decision to keep its chair on the board, saying although his behaviour was not ‘squeaky clean’, it wasn’t criminal.
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