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

6 November 2009

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

InfoUpdate 24 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

North Gauteng High Court (previously Transvaal Provincial Division) - http://www.saflii.org.za/za/cases/ZAGPPHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=79

30 October 2009
11678/2006 [2009] ZAGPPHC 127
Tongoane and Others v National Minister for Agriculture and Land Affairs and Others

Rural people win land rights battle - 31 October
In a ruling with implications for millions of people in rural areas, a Pretoria High Court judge has ruled sections of a key land rights' law unconstitutional. The decision was handed down yesterday morning by Judge Aubrey Ledwaba. He declared that 14 sections of the
Communal Land Rights Act (CLRA) are wholly or partly unconstitutional, a decision that one of the lawyers connected with the case said "takes the heart out of the act". The ruling has implications for an estimated 21 million people living under traditional leadership. The four communities argued that the CLRA undermines the rights of people using communal land under customary law, and creates a "traditional" tier of government not recognised by the Constitution. Ledwaba rejected the last argument. However, he said the law conferred powers on traditional councils that could undermine communities' security of tenure. - The Witness website

Law on land reform struck down - 2 November
The North Gauteng High Court has declared large portions of a important land-reform law unconstitutional, rendering it unworkable in its present form. The ruling, handed down on Friday, is likely to have a profound effect on government efforts to reform land tenure for an estimated 21-million people living on 16-million hectares of communal land, mostly in the former homelands. It could also severely hamper plans to implement President Jacob Zuma's Comprehensive Rural Development Programme (CRDP), launched in August. - allAfrica website

Els pleads not guilty to sex crimes - 2 November
Sex crimes accused Jurie Els has pleaded not guilty to the charges against him. Els has been accused of molesting fellow performer Robbie Klay when he was a teenager. The trial was meant to kick off on Monday morning but the defence and state argued about whether or not there had been full disclosure. The court ruled the prosecution had to hand over all notes and documentation to Els’ lawyer. - Eye Witness News website

Singer's sex charge trial in open court - 3 November
Afrikaans singer Jurie Els on Monday seemed delighted that his accuser, fellow singer Robbie Klay, would on Monday take the stand to testify about his alleged sexual abuse at the hands of Els. As the court turned down Klay's application to have his evidence heard in camera, Els turned back to the public gallery where Klay was sitting and smiled broadly. - IOL website

Singer's tale of sordid sex encounters - 4 November
Robbie Klay was abused sexually for the first time by fellow singer Jurie Els when Klay was 11 years old. This happened at Els's Garsfontein home, the Pretoria High Court heard yesterday. - IOL website

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