Legal Articles and Guides
Personal Injury Law
The first claims associated with the listeriosis class action could be paid out in mid to late 2020 at the earliest, according to Richard Spoor Attorneys lawyer Thami Malusi. If Tiger Brands settled the matter rather than going to court, that would shorten the process, he is quoted as saying in a City Press report.
Jacob Zuma's son, Edward, has failed to pay R12 500 as settlement for his hate speech comments, reports TimesLIVE. Yesterday, the SA Human Rights Commission went to court to secure a warrant of arrest for Zuma. The Durban Equality Court heard that Zuma was disrespectful and disregarded the court order by failing to pay the money to Ohlange High School in Inanda.
The provincial Department of Social Development has been cleared of wrongdoing for circumstances leading to the death of five-month-old Ava Barley at a Pinelands early childhood development (ECD) centre.
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.
While child abuse should not be tolerated, the ‘reasonable and moderate chastisement’ of children as a form of physical discipline by their parents should be allowed, the Constitutional Court heard yesterday, according to a News24 report. This was the case put forward by Freedom of Religion SA (FOR SA), which has taken a judgment striking down this form of chastisement as a defence in criminal cases, on appeal.
The Constitutional Court will today consider the constitutionality of corporal punishment in the home, notes TimesLIVE. The top court prohibited corporal punishment in detention settings in 1995 and in schools in 2000, and will now turn its attention to possible prohibition in the home.
Gerald Cloete (42) – whose arm was ripped off when he was mauled by dogs in Rowallan Park – has received an exoneration in the Eastern Cape High Court (Port Elizabeth), with the judge holding the owner of the animals liable for the damages suffered.
A Makhanda teenager, whose right knee was injured after being shot with a rubber bullet during a violent xenophobic protest in October 2015, can now sue police for damages. A Daily Dispatch report says the then grade 10 pupil, Asonge Dyonashe (19), was walking with friends from Nombulelo Secondary School when they came across a group of protesters looting a foreign-owned shop in Joza township in October 2015.
Couples no longer have to be legally married to claim for loss of support and maintenance in the case of death. This is according to a ruling by Gauteng High Court Judge Colleen Collis, who delivered a ground-breaking judgment for unmarried couples last week.
AfriForum yesterday said it would support the family of Reshall Jimmy, who burnt to death in a Ford Kuga, in their battle with Ford Motor Company. 'The criminal justice system failed the victim in this case. The family has been waiting almost three years for the case to be investigated,' said Advocate Gerrie Nel, head of AfriForum's private prosecution unit, at a media briefing in Centurion.
Former coal mine workers in KZN, who are suffering from silicosis, are planning a class action lawsuit against a company that allegedly forced them to work in unsafe working conditions, says a Sunday Tribune report. They were employed at the Durnacol Coal Mine for many years, during which time they contracted silicosis.
A Greytown businessman is taking his neighbour to court for a racist Facebook post about Indians during the recent Diwali celebrations. According to a report on the IoL site, Regesh Govender was angered by Johan Olivier’s post after Govender lit fireworks last week for Diwali, the festival celebrated by Hindus around the world.
‘Suspicion is just that – a suspicion – and therefore does not and should not impute guilt.’ A Pretoria News report says this was the opening line of a judgment delivered by Gauteng High Court (Pretoria) Judge Nomsa Khumalo in a R1.5m damages claim by a justice official against his employer.
‘The dogs just kept coming.’ That was how Jacques van Schalkwyk (44) described the way in which a pack of dogs in the street kept on trying to get back to Gerald Cloete (42) ‘to finish him off’. The Herald reports Van Schalkwyk was giving evidence before Eastern Cape High Court (Port Elizabeth) Judge Murray Lowe in a R2.4m lawsuit brought by Cloete against the owner of the dogs, Christiaan van Meyeren (48).
A mother whose baby died two days after he was born following negligent medical treatment by hospital staff will be paid nearly R300 000 as compensation for her pain, suffering, loss of earnings and medical expenses, says a TimesLIVE report. The Eastern Cape High Court (Grahamstown) ordered provincial MEC for Health, Helen August-Sauls, to pay the mother R276 000.