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 

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Magistrates Courts

Bloemfontein

Tutu supports Reitz 4 decision - 22 October
Archbishop Emeritus Desmond Tutu is not concerned at criticism of his stand on forgiveness for the University of the Free State students accused of racist behaviour. "I always have people criticising me. That's not new," he told journalists in Cape Town on Thursday. "And I always end up being right". - IOL website

University critics 'should stand down' - 22 October
Critics of the University of the Free State's recent decision to pardon the "Reitz four" should stand down, the South African Institute of Race Relations said on Thursday. Although critics may disagree with UFS Rector Jonathan Jansen's inauguration comment on one point, almost every other announcement he made might lead to the transformation of higher education in South Africa, the institute's deputy CEO Frans Cronje said in a statement. "It is now time for the professor's critics to stand down". - IOL website

Free State joins the new SA - 23 October
Mail & Guardian website

Jansen ready to talk - 25 October
Intense public pressure has pushed the University of Free State's new vice-chancellor, Professor Jonathan Jansen, to "reopen" discussions about his pardon of the students accused of making a shocking racist video. It is not clear whether the talks will prevent two of the four former Reitz residents, RC Malherbe and Schalk van der Merwe, returning to the university to complete their studies. - Times Live website

Top board to discuss Jansen's decision - 26 October
University of the Free State vice- chancellor Prof Jonathan Jansen's decision to withdraw the university's complaint against four students expelled last year over a racist incident will be discussed at a Higher Education SA (Hesa) board meeting tomorrow. It was important that the matter was considered fully by the Hesa board before it made a comment on Jansen's move because there were "important principles at stake in this issue, particularly those of institutional autonomy and public accountability", said board chairman Prof Theuns Eloff. - Business Day website

Four claim they were not allowed to apologise - 24 October
The lawyer for the so-called Reitz Four claims that a trade union has prevented his clients from making a personal apology to the five cleaners they humiliated in a racist video. Christo Dippenaar said the National Education Health and Allied Workers Union (Nehawu) had prevented Roelof Malherbe, Johnny Roberts, Schalk van der Merwe and Danie Grobler from making a personal apology. - IOL website

Reitz 4 : 'restorative justice' brought up - 26 October
The State is emphatic that it will not withdraw its prosecution of the so-called "Reitz Four" - but it is considering resolving the racially charged case through "restorative justice". If this approach is used, the men will not be criminally convicted but will make up for their alleged offences with community service. - IOL website

Reitz case postponed to 2010 - 26 October
The crimen injuria case of the so-called Reitz Four has been postponed to February 2010. State prosecutor Ben Mulutsi on Monday asked the Bloemfontein Regional Court to postpone the matter to consider representations made by the defence which were received on Wednesday, October 21. - News24 website

Reitz : Magistrate slams media - 26 October
The media have been ordered to leave the accused and witnesses in the crimen injuria trial of the so-called "Reitz Four" alone. Bloemfontein Regional Court Chief Magistrate Mziwonke Hinxa warned that the court would not like to "charge the media" in the matter. This was after State prosecutor Ben Mulutsi told the court he had a problem with journalists approaching the witnesses in the case. - News24 website

Jansen 'a racist that should be killed' - 27 October
The Democratic Alliance is today laying charges against the Free State ANC Youth League Chairperson, Thebe Meeko, for hate speech and intimidation and the DA in the Free State will be laying a criminal charge of intimidation. Meeko is quoted as saying that University of the Free State vice chancellor Professor Jonathan Jansen should be "shot and killed because he is a racist", and that "like President Jacob Zuma when he said the police must meet fire with fire [referring to police shooting armed criminals], the shoot-to-kill approach must also apply to all the racists, including Jansen - because he is a racist". - IOL website

Bloemfontein ANC youth league statements in Equality Court - 27 October
Statements made by the African National Congress Youth League's Bloemfontein leader are on the roll at the Equality Court in Cape Town. The Democratic Alliance is laying charges of hate speech and intimidation against Thebe Meeko. - Eye Witness News website

Youth league claims misunderstanding - 27 October
The ANC Youth League says statements by its  Bloemfontein  chair were misinterpreted. The league’s provincial chair Thebe Meeko said on Monday Free State University Rector Jonathan Jansen was a racist who should be killed. Meeko said his comments were taken out of context. - Eye Witness News website

DA lays further charges against ANCYL Free State leader - 28 October
The Democratic Alliance on Wednesday laid charges of intimidation against Free State African National Congress Youth League chairperson Thebe Meeko. - Mail & Guardian website

Apology would be a first step, says Jansen - 28 October
Signs that four former University of the Free State (UFS) students, expelled last year after their alleged involvement in a racist incident, were considering apologising are "an important first step", says UFS vice- chancellor Prof Jonathan Jansen. Bloemfontein's chief magistrate, Mziwonke Hinxa, postponed the criminal case against the four - RC Malherbe, Johnny Roberts, Schalk van der Merwe and Danie Grobler - on Monday after the prosecution asked for time to consider representations that the matter be settled out of court through "alternative dispute resolution". - Business Day website

Malema : 'We cannot feed Jansen to the enemy' - 29 October
African National Congress Youth League (ANCYL) leader Julius Malema has come out in full support of University of the Free State (UFS) vice-chancellor Jonathan Jansen remaining in his position. "We do not agree with any call that he must go", Malema told reporters after a meeting with Jansen, who has come under widespread criticism for offering a pardon to the so-called Reitz Four. "Jansen is one of our own", he later told students. - Mail & Guardian website

East London

Chaos at court over document muddle - 26 October
The filing system in the room which contains civil court files and documents at the East London Magistrate's Court is in total chaos. Chief magistrate Valeria Gqiba admitted "it's true that the system is in disarray". The East London and Mdantsane Attorneys' Association has called on the court to get its house in order. A Saturday Dispatch investigation found that, despite a number of state-of-the-art filing cabinets, files and documents were strewn all over tables. - Dispatch Online website

Johannesburg

Judge dismisses Motata appeal - 29 October
Pretoria High Court judge Nkola Motata's application for leave to appeal a drunk driving sentence and conviction was dismissed by the Johannesburg Magistrate's Court on Thursday, prosecutor Zaais van Zyl said. "He has until 31 October to pay the first of two instalments of R10 000 each, or go to jail," said Van Zyl SC. - IOL website

Motata's appeal has no chance of success : court - 30 October
Pretoria High Court Judge Nkola Motata's application for leave to appeal against his conviction and sentence was dismissed in the Johannesburg Magistrate's Court yesterday, National Prosecuting Authority spokesman Mthunzi Mhaga said. If he does not take the appeal to the high court, he will face allegations of gross misconduct before the Judicial Service Commission (JSC). In Motata's application for leave to appeal, his lawyers said Nair "erred" in finding that Motata was drunk and said Nair had attached too much weight to the audio recordings and photos taken on the scene by Baird. In giving his judgment, Chief Magistrate Desmond Nair said : "One cannot ignore the photos, what he said and what he looked like. Motata can be heard to say f**k you 10 times". - Business Day website

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