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

11 December 2009

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

InfoUpdate 26 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

Convicts pent-up over hold-up - 20 November
On Tuesday this week prisoners' rights activist Golden Miles Bhudu arrived unnoticed at the South Gauteng High Court in downtown Johannesburg, clutching a sheaf of papers. The application is a class action against the minister of justice, the registrar of the South Gauteng High Court, the Gauteng director of public prosecutions (DPP) and the manager of the Johannesburg "justice centre" of Legal Aid South Africa (Lasa), formerly known as the Legal Aid Board. The prisoners - who are serving long sentences for a range of serious crimes from murder to rape and hijacking - are asking the respondents to cough up their trial records, mainly transcripts of their hearings, so that they can apply for leave to appeal. If the state cannot provide the 29 applicants with their records, the convicts will take the next step and demand to be released. - Mail & Guardian website

Nair was wrong : Motata - 25 November
Convicted drunk driver Judge Nkola Motata has refused to abandon his legal campaign to clear his name. After his Magistrate's Court bid to challenge his conviction and R20 000 fine for drunk driving failed last month, the judge has turned to the Johannesburg High Court for help. The Pretoria High Court judge is petitioning the High Court for an appeal hearing and continues to insist that Johannesburg magistrate Desmond Nair was wrong to convict him. - IOL website

NPA says it is entitled to defend itself in civil cases - 29 November
The National Prosecuting Authority (NPA) has denied a charge that it is using its resources to defend a civil action, which is outside its remit. Businessman Sandi Majali has accused the NPA of using one of its prosecutors to defend itself in an urgent application at the South Gauteng High Court, in which he seeks the cancellation of a warrant of arrest obtained against him by the prosecuting authority. He has charged the NPA's mandate, in terms of Section 179 of the constitution, is to conduct criminal prosecutions on behalf of the State. - Business Report website

SABC court drama intensifies - 24 November
The SABC board has allegedly warned its senior executives not to testify against the broadcaster in a disputed R400 million tender it awarded to Sony. This emerged in the Johannesburg High Court yesterday when the SABC was due to give reasons for its decision to award the tender to Sony instead of to Digital Horizons, which was initially awarded the tender by the procurement committee. - IOL website

Leigh's dad speaks out about Moodley ruling - 25 November
The man who murdered Leigh Matthews is trying everything in his power to get out of jail, and now has only the Supreme Court of Appeal as his last resort. Joburg High Court Judge Joop Labuschagne ruled that Moodley's reasons for filing his application four years late were "extremely meagre and totally unsatisfactory". - IOL website

Justice will come, says Moodley - 25 November
Leigh Matthews' killer Donovan Moodley will stop at nothing to have his life sentence overturned, he said on Wednesday, shortly after the South Gauteng High Court in Johannesburg dismissed his application to do just that. "I want to make this clear, I will stop at nothing, leaving no legal means untried", he said in a hand-written statement given to journalists. In it, he described himself as a "media favourite" and said it was his right to pursue justice. - News24 website

'A mascot for evil' - 25 November
Murderer Donovan Moodley is almost at the end of the road in his bizarre attempt to prove that he never intended to kill 21-year-old Leigh Matthews. As Moodley went back to the cells he handed a note to journalists, who gave it to investigating officer Director Piet Byleveld. - IOL website

Mathe has anti-social personality disorder, court hears - 4 December
Notorious criminal Ananias Mathe suffered from an anti-social personality disorder, the South Gauteng High Court in Johannesburg heard on Friday. The 33-year-old Mozambican's psychologist, Wicus Coetzee, said Mathe was never part of a normal society from childhood. He preferred to be alone most of the time. "He doesn't know what it is to be in a normal society, his personality was negatively influenced by what happened to him". The matter was adjourned to allow Judge Geraldine Borchers time to consider arguments from both the State and the defence on the sentencing. Mathe will be back in court on December 8 2009. He has been convicted of 64 charges of rape, indecent assault, attempted murder, aggravated robbery and housebreaking. - Mail & Guardian website

Judge rejects Mathe's claims of remorse - 8 December
Claims by Ananias Mathe that he expressed remorse for his criminal actions have been dismissed in the Johannesburg High Court by Judge Geraldine Borchers. While passing sentence this morning, the judge rejected the plea for remorse. "The accused had no feelings at all for humanity and animals. I had at least expected him to testify and explain his change of life". Mathe, known as "the Houdini of C-Max" after escaping from the high security prison, pleaded not guilty to all 71 charges against him earlier this year. The charges included rape, indecent assault, attempted murder, aggravated robbery and housebreaking. - IOL website

Mathe gets long sentence - 8 December
Notorious criminal Ananias Mathe was sentenced to 54 years in jail by the High Court in Johannesburg on Tuesday. He will only be eligible for parole after he has served 43 years of his sentence. By then he will be 76 years old. - IOL website

Selebi Case

Selebi's lawyer slams indemnity deals - 23 November
The State in former police commissioner Jackie Selebi's corruption case came under fire in court today for making indemnity deals with confessed criminals in exchange for testimony. Taking the stand in the High Court in Johannesburg was the chief investigating officer in the Selebi case, Andrew Gordon Leask. During cross-examination by defence lawyer Jaap Cilliers, he was questioned as to why indemnity deals were made with people like Clinton Nassif, the former security head of slain mining magnate Brett Kebble, and convicted drug trafficker Glenn Agliotti. - Times Live website

Selebi did give Agliotti documents, court hears - 23 November
Jackie Selebi's advocate admitted for the first time on Monday that the former top cop showed drug dealer Glenn Agliotti documents "he [Agliotti] had to present to his legal representatives". One such document is an email sent by security expert Paul O'Sullivan to former Scorpion Robyn Plitt in 2006, detailing information gathered from a source who allegedly worked for the Kebble family's former head of security, Clinton Nassif. - Mail & Guardian website

Selebi trial told of spying - 23 November
The lead investigator in the corruption case against Jackie Selebi linked the former top cop to underworld criminals - and revealed the involvement of Selebi's nemesis in the investigation. Paul O'Sullivan, a former security boss for the Airports Company of South Africa, was publicly involved in a dispute with Selebi about his dismissal from the company. - Times Live website

Maze of dates and missing evidence at Selebi trial - 23 November
Highly-charged trials like Jackie Selebi's offer many days that are shocking, revealing or just barely believable. Most of them offer great entertainment value. Monday was not one of those days. While the legal experts would call it "technical" argument, the media would call it mind-numbingly boring. - The Daily Maverick website

Agliotti in more Kebble trouble? - 24 November
News from the Jackie Selebi trial in Johannesburg, where the erstwhile national police commissioner is accused of corruption and defeating the ends of justice, is that Glen Agliotti and John "Turtle" Stratton could face charges for the shooting, thankfully non-fatal, of Stephen Mildenhall*, previously boss at Cape Town-based money manager Allan Gray. - Moneyweb website

National security under spotlight at Selebi trial - 23 November
National security will be negatively affected if former intelligence coordinator Barry Gilder is allowed to testify in former police national commissioner Jackie Selebi's corruption trial. That is the thrust of State Security Minister Siyabonga Cwele's affidavit that was submitted to the South Gauteng High Court on Monday afternoon by his legal representative, advocate Marumo Moerane. - Mail & Guardian website

Arguments on legality of Selebi witness testimony - 24 November
Arguments will be heard at the South Gauteng High Court this afternoon over the legality of a former intelligence coordinator's right to testify in the corruption trial of former national police commissioner Jackie Selebi. Yesterday the Minister of State Security, Siyabonga Cwele and the Director-General of the State Security Agency, Mzuvukile Maqetuka brought an application against the State to object against the testimony of Barry Gilder. - Times Live website

Selebi judge allows testimony of former intelligence official - 24 November
Judge Meyer Joffe ruled on Tuesday that national security will not be compromised if the former coordinator of intelligence, Barry Gilder, gives evidence in the Jackie Selebi corruption trial. Joffe, however, ruled that Gilder should testify in camera and journalists were ordered to leave the courtroom. - Mail & Guardian website

Spy bosses intervene in Selebi case - 25 November
Spy bosses have halted the state's plans to lead its crucial closing evidence against ex-police chief Jackie Selebi - at least until next week. Former intelligence chief Barry Gilder only has to answer three questions about a top secret report that Selebi allegedly showed his then friend Glenn Agliotti, but his bosses insist that his answers could compromise South Africa's national security. - IOL website

Selebi judge rules against spy bosses - 1 December
South Africa's spy bosses will petition the Supreme Court of Appeal (SCA) in a last effort to keep former intelligence coordinator Barry Gilder out of the witness box in Jackie Selebi's corruption trial. And this could delay Selebi's trial for months. - Mail & Guardian website

Woman strips off her clothes at Selebi trial - 1 December
The Jackie Selebi corruption trial was disrupted this morning when a woman screamed and removed her clothes in protest against her husband’s murder case. The woman, dressed in a black jacket and black head scarf, sat quietly for over an hour before proceedings in the High Court in Johannesburg started. Then, once the matter got under way, she pulled out a banner covered in Aids ribbons and pictures of women blowing trumpets. The woman then screamed that she wanted the prosecutor, Gerrie Nel, to tell her when the case - where she appears to be accused of the murder – would get under way, saying it had been ten years since the event. - Sowetan website

Selebi case on ice - 1 December
Former police commissioner Jackie Selebi's corruption case began a lengthy hiatus on Tuesday afternoon after the state security ministry took further legal action to prevent an ex-intelligence official from testifying. The trial will only resume on February 1, 2010, and even then it is not clear if proceedings - in a matter which by then would have spanned four years - will actually get under way. - IOL website

NPA meets Selebi prosecutors - 3 December
The National Prosecuting Authority (NPA) met the prosecuting team in the Jackie Selebi case on Thursday morning but no information would be made public, NPA spokesman Mthunzi Mhaga said. - IOL website

Selebi spy's paranoid world - 4 December
A former police intelligence boss has dropped a bombshell in the middle of Jackie Selebi's corruption trial, alleging that Selebi's prosecutor is part of a "judicial mafia" trying to subvert the state. Mulangi Mphego, the former acting divisional commissioner of crime intelligence, alleges that prosecutor Gerrie Nel and the lead investigator in Selebi's case, Andrew Leask, are among 45 people under investigation for plotting to discredit the government. Mphego makes the sensational claims in an affidavit submitted to the Randburg Magistrate’s Court this week as part of his application for a permanent stay of prosecution. - Mail & Guardian website

 

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