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

30 October 2009

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

InfoUpdate 23 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

South Gauteng High Court (previously Witwatersrand Local Division) - http://www.saflii.org.za/za/cases/ZAGPJHC/  ; Court rolls at http://www.saflii.org/blog/?page_id=173

Informant tells how cops fooled colleagues - 29 October
A police informant told the High Court in Johannesburg how West Rand senior officers hoodwinked their colleagues into thinking they were conducting legitimate drug raids when they were in fact smuggling drugs. Informer Norman Kokoeng was testifying on Thursday in a drug dealing, racketeering and fraud case against Senior Superintendent Dumisani Jwara, Captain Landro Mokgosani and Captain Victor Jwili. The fourth accused in the matter, Captain Sakhepi Caiphus Shange, died in police custody in July this year. - IOL website

Tannenbaum Case (Ponzi Scheme)

Ponzi-scheme suspect Tannenbaum faces arrest - 27 October
Arrest warrants for the masterminds of a Ponzi scheme that led to wealthy South Africans being swindled out of billions of rands have been issued by the police, Finance Minister Pravin Gordhan announced in Parliament on Tuesday. Speaking during his medium-term budget speech, Gordhan deviated from his prepared statement to announce that the pair of lawyer Dean Rees and businessman Barry Tannenbaum would be arrested soon. - Mail & Guardian website

Ponzi masterminds to be arrested - 27 October
Warrants for the arrest of Barry Tannenbaum and Dean Rees, alleged to have been behind a multi-billion rand pyramid scheme, have been issued, Finance Minister Pravin Gordhan said in his Medium-Term Budget Policy Statement in parliament. Gordhan said one individual was thought to have benefited by up to R800m on which "he was not probably paying any tax". The scheme crossed some eight jurisdictions, said Gordhan who was formerly head of the South African Revenue Service (Sars). - Fin24 website

Ponzi haul was R12bn - 27 October
Police issued arrest warrants for fraud suspects Barry Tannenbaum and his lawyer Dean Rees - who, it has emerged, have allegedly scammed people in eight countries of more than R12-billion. Gordhan revealed yesterday that "the scheme involved at least eight foreign jurisdictions in which this washing of money took place". - Times Live website

See also : Legal Profession. Pitfalls of cross-border investigations

Ponzi scheme lawyer's property sequestrated - 29 October
The South Gauteng High Court has heard how three former policemen from the West Rand Organised Crime Unit allegedly became involved in drugs dealing. The three are facing charges of racketeering, drugs dealing, fraud, theft and defeating the ends of justice. A former police informer who is testifying for the state said in one instance he was paid in drugs after a raid on an alleged Nigerian drug dealer’s house in  Pretoria . - Eye Witness News website

Barwa succeeds against ponzi master mind - 28 October
Qatar based Barwa Real Estate Company QSC was successful today in its bid to sequestrate the estate of alleged Ponzi mastermind Dean Rees in the South Gauteng High Court. In its founding affidavit Barwa alleges that Rees fraudulently, and as part of the alleged Ponzi scheme, misappropriated a sum of at least US$ 12,7 Million and together with Tannenbaum is liable for a sum in excess of US$ 30 Million which Barwa had made available for purposes of financing the purchase of active pharmaceutical ingredients. The sequestration application was launched on behalf of Barwa by its attorneys, Dewey & LeBoeuf and was heard by Judge Mohamed Jajbhay on Tuesday 27 October 2009 following a freeze order which was obtained by Barwa against the assets of Dean Rees on 1 September 2009. - Moneyweb website

Extradition a 'complicated legal matter' - 29 October
Having Barry Tannenbaum - the expatriate South African businessman investors accuse of defrauding them of billions of rands - and his lawyer, Dean Rees, extradited back to SA is not "clear cut", say legal analysts. "It is a complicated legal matter and the South African authorities will have to work closely with law enforcement authorities overseas", says Werksmans director Paul Winer. He represents some of the victims of the alleged Ponzi scheme Tannenbaum is said to have run. - Business Day website

Barry Tannenbaum, from here to eternity - 30 October
The long, slow, arduous process of dragging alleged fraudster Barry Tannenbaum and his former lawyer Dean Reese back to South Africa to face charges has begun. But judging by a host of other cases involving extradition from Australia, Tannenbaum can rest easy in his mansion in the leafy Sydney suburb of St Ives. The history of extradition attempts suggests it's an arduous expensive process in which the extraditee has numerous opportunities to run circles around the legal system and engage in a frightening procession of appeals, making the process effectively redundant. - The Daily Maverick website

Selebi Case

Jackie Selebi's big gamble - 23 October
This week former top cop Jackie Selebi gave the clearest indication yet that he, too, would rely on the questionable assistance of the country's spy agencies to get off the hook on serious corruption charges. The question is whether South Africa's spy agencies have become role-players in determining the outcome of high-profile criminal trials. - Mail & Guardian website

Judge is not neutral, says Selebi - 27 October
Jackie Selebi has spelt out his reasons for wanting the judge in his corruption trial to recuse himself - claiming he believes he would not get a fair trial should Judge Meyer Joffe stay. His defence team yesterday filed an application - over 70 pages long - at the Johannesburg High Court and made a copy available to the prosecution team, led by Gerrie Nel. - IOL website

NPA to oppose Selebi's judge application - 27 October
The National Prosecuting Authority says it will oppose former police commissioner Jackie Selebi’s application for the judge in his corruption trial to withdraw. - Eye Witness News website

Selebi argues for judge to step down - 29 October
Former top cop Jackie Selebi's defence has begun to argue for Judge Meyer Joffe, who is the presiding judge in Selebi's corruption trial, to recuse himself. The urgent application, which was brought after a postponement last week, is based on a perception of bias shown by Joffe, according to the defence. - Times Live website

See also : Selebi's application for recusal

Judge Joffe fights back - 29 October
Judge Meyer Joffe on Thursday angrily challenged several aspects of the defence's argument to have him recused from the corruption trial of former top cop Jackie Selebi. Visibly infuriated at times, Joffe fired a rapid line of questions at defence lawyer Jaap Cilliers about arguments made that the judge showed pro-State bias. - The Star website

Selebi trial : crazy clash of the jurists - 30 October
If Judge Meyer Joffe does eventually decide to recuse himself from the bench in the corruption trial of former top cop Jackie Selebi, it won’t be because he declined to put up a fight. Court 4B of the South Gauteng High Court was a veritable boxing ring on Thursday morning, with Joffe and defence counsel Jaap Cilliers trading legal jabs like heavyweights at a title bout. - The Daily Maverick website

Selebi trial : Judge Joffe 'too tired' - 29 October
A morning of exhausting legal wrangling in Jackie Selebi's trial ended when, five minutes before the lunch break, Judge Meyer Joffe said he was too tired to go on. "Mr (Gerrie) Nel, I can't listen to you. I have been going since 9.15am this morning. It's been very difficult to listen to this . . . it hasn't been easy". Selebi's defence advocate, Jaap Cilliers SC, spent the morning session arguing for Judge Joffe to recuse himself from the high profile corruption trial of the former national police commissioner. - IOL website

Judge Joffe refuses to step down - 30 October
Judge Meyer Joffe has refused to step down from Jackie Selebi's corruption trial. And he has painstakingly rebuffed each of Selebi's 16 complaints of bias against him as "ill-founded", "baseless" and "most unfortunate". In a decision that lasted over an hour, Judge Joffe also refused to withdraw his concerns about the alleged leaking of video footage of star witness Glenn Agliotti to a weekend newspaper. - IOL website

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