InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

23 October 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 22 of 2009
Recent Judgments 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Magistrates Courts

Bloemfontein

Racist YouTube video that shamed South Africa - 11 October
The scandal now seems likely to end up in the courts later this month. If they face the judge, Koko and four of her colleagues will testify that they were exploited and humiliated in a shocking video, intended by a group of white students as a crude protest against integration on campus at the prestigious University of the Free State in Bloemfontein. At the time, the 10-minute movie prompted over a million downloads, causing riots on campus and in black townships across South Africa. Apartheid's old wounds had reopened, 15 years after its abolition. - Times Online website

Reitz cleaners speak out - 12 October
The five cleaners at the University of the Free State who appear in the controversial Reitz video, have discussed their humiliation for the first time, in a British newspaper. "When they filmed us . . . they were laughing so hard there were tears in their eyes", one of four women in the video, Laukaziemma Koko, told the British Sunday Times. She added that she thinks about the video every day. - News24 website

S Africa university drops 'racist' video charges - 18 October
South Africa's ruling party on Saturday criticised a university rector's decision to drop disciplinary charges against four white students whose video humiliating black workers sparked a race outcry last year. In a gesture of racial reconciliation, and the need for healing, the University of the Free State will withdraw its own charges against the four students," University rector Jonathan Jansen said in his inauguration speech late Friday. The African National Congress, however, rejected the decision. - AFP on Google website

16 October 2009
Inaugural Lecture of the 13th Vice-Chancellor and Principal of the University of the Free State
IOL website

Excerpts :
"In the past few months I have visited the grounds of Reitz often in an attempt to understand how such an atrocity could have been committed on the grounds of an institution of higher learning. I believe I now have part of the answer, and that answer has important implications for how we move towards healing, forgiveness and social justice on our campus and in our country . . . The question facing us, therefore, is a disturbing one, and it is this : What was it within the institution that made it possible for such an atrocity to be committed in the first place? It is, without question, a problem of institutional complicity . . . And so I have made some decisions. 1. In a gesture of racial reconciliation, and the need for healing, the University of the Free State will withdraw its own charges against the four students. The University will therefore not pursue any further action against the four young men implicated in the Reitz incident. In this spirit of toenadering, the University will go further, and invite those four students back to complete their degrees. 2. In recognition of our institutional complicity in the Reitz saga, and the need for social justice, the University of the Free State will not only pursue forgiveness but will also pay reparations to the staff concerned for damages to their dignity and their self-esteem. And, 3. In a determined commitment to the urgent task of reconstruction, the University of the Free State will re-open the Reitz residence and transform it into a model of racial reconciliation and social justice for all students."

The Reitz four and limited reconciliation - 19 October
Until Friday. When hastily converted vice-chancellor, the racially-savvy and helpfully coloured Jonathan Jansen, caused a minor storm of controversy by dropping charges against the students. It was brave move that was guaranteed to create an outcry. Never mind Jansen's "blueprint for transformation" at the university - including compulsory Sesotho lessons for white kids and Afrikaans lessons for black kids. Forget the reparations that will be paid to the humiliated workers, the hefty punishment already meted out to the students and the near universal acknowledgement that what happened in that video - urine or no urine - was wrong. The institutions that matter (read : ANC and the relevant trade unions) want their pound of flesh. - Mail & Guardian website

We are not happy, says Reitz victim - 21 October
One of the five University of Free State (UFS) cleaners involved in the Reitz racism saga said nobody had consulted them on a decision to invite the students back. "We are not happy at all about hearing that those students will be admitted without us being told," Rebecca Adams told The Times newspaper in a report on Wednesday. - IOL website

Jansen's Reitz decision : an attack on the Rule of Law? - 21 October
I am starting to think that the TRC was a disaster for South Africa. Although it did provide the opportunity for ordinary South Africans to tell their stories and to ventilate the horrors that preceded the so called "miracle" of 1994 and although this made it very difficult for ordinary white South Africans to dispute the evils of apartheid, the TRC seemed to have established a precedent. Why stick to the law when it is inconvenient to do so or when a political deal that undermines the law will cause fewer problems for a particular constituency? - Pierre de Vos on the Constitutionally Speaking blog

21 October 2009
Statement by the Ministry of Higher Education and Training on the University of the Free State's planned withdrawal of a complaint against the "Reitz Four"
SA Government Information website

Suspend Reitz decision, ministry tells Jansen - 21 October
University of the Free State vice-chancellor Jonathan Jansen must suspend his decision to drop a complaint against the "Reitz Four", the Ministry for Higher Education said on Wednesday. - Mail & Guardian website

Cabinet voices displeasure over Reitz decision - 22 October
The Cabinet has expressed strong displeasure with University of the Free State vice-chancellor Professor Jonathan Jansen's decision to drop the university's internal charges against the students who "humiliated the workers at the institution". "The process that led to the dropping of the charges was flawed in that it did not follow the established norm of getting the perpetrators to admit guilt, to apologise to the victims before any charges could be dropped and to initiate a reconciliation process," government spokesperson Themba Maseko told a media briefing on Thursday. - Mail & Guardian website

Cosatu calls for Jansen's head over Reitz decision - 22 October
There are calls for Free State University Vice-Chancellor Jonathan Jansen to be fired following his decision to allow four students involved in making a humiliating video in which black staff are made to take part in a mock initiation to return to campus. The criminal charges have however not been dropped. - Eye Witness News website

Jansen : Reitz support outweighs criticism - 22 October
Support for the University of the Free State's (UFS) decision to drop charges against four former students involved in a racist video outweighed the negative reaction, rector Jonathan Jansen said on Thursday. Speaking to a group of Bloemfontein businesspeople, Jansen said he wanted to create a campus where people would take responsibility for their actions, but the door should always be open for "compassion". - Mail & Guardian website

Reitz 4 'expressed remorse' - 22 October
Support for the University of the Free State's (UFS) decision to drop charges against four former students involved in a racial video outweighed the negative reaction, rector Jonathan Jansen said on Thursday. Speaking to a group of Bloemfontein businesspeople, Jansen said he wanted to create a campus where people would take responsibility for their actions, but the door should always be open for "compassion". Jansen said he had received a letter from the four students involved in the making of the 2008 video in which they expressed remorse over the incident. - IOL website
Keyphrases :
Danie Grobler
Johnny Roberts
R C Malherbe
Schalk van der Merwe

Reitz four want charges dropped : report - 22 October
The so-called Reitz four have requested the Free State director of public prosecutions to drop a charge of crimen injuria against them, Beeld newspaper reported on Thursday. Their lawyer, Christo Dippenaar, confirmed to the Afrikaans daily that he had handed in a written request to advocate Andre du Toit, SC. - IOL website

Port Elizabeth

Magistrate's handling of interpreters causes havoc - 9 October
It is feared more cases could come to an abrupt halt in the Port Elizabeth Magistrate's Court after a standoff between a magistrate and an interpreter. Fifteen cash-in-transit suspects were released this week after the magistrate hearing their case refused to continue without an interpreter who was late for work. The magistrate cancelled the day's proceedings and the suspects were released because he had not issued a warrant for detention. - Eye Witness News website

Pretoria

Prisoners freed from burning court building - 5 October
City of Tshwane fire rescuers have managed to set free 12 prisoners from a burning court building after a fire broke out at the Pretoria Magistrate's Court on Monday. - BuaNews Online website

2nd fire at Pretoria Magistrate's Court, arson can't be ruled out - 6 October
The Pretoria Magistrate's Court was closed on Tuesday when a second fire broke out in a courtroom, this time under a magistrate's chair, the Tshwane municipality said. It was the second fire reported in the same courthouse in two days. - The Richmark Sentinel website

Third fire confirmed at Pretoria court - 8 October
There has been a third fire at the Pretoria Magistrate’s Court in as many days. - Eye Witness News website

Verulam

Brother of Durban drugs bust suspect slams slow court system - 13 October
The brother of one the men involved in a R600 million international drugs bust says he is frustrated and disappointed with the backlog in the criminal justice system. He says his brother will have to spend another month behind bars before he can apply for bail. Three British citizens and three South Africans were arrested for their alleged involvement in one of the country’s biggest ever drugs busts. - Eye Witness News website

Welkom

Would-be hitman saves target's life - 6 October
A 20-year-old Free State man who allegedly planned to have his mother murdered by a hired assassin has been arrested, Die Volksblad newspaper reported on Tuesday. Instead of murdering the woman when he went to her house on Friday, the hitman told her about her son's plans, the report said. The Hawks arrested Zander Botha at the weekend after his mother, Renske Snyman, listened to a conversation between him and the would-be hitman recorded on a cellphone. - IOL website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society