An Information Service supplied by the KwaZulu-Natal Law Society

26 February 2010

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

InfoUpdate 5 of 2010
Recent Judgments 

Electronic copies of this information may be obtained from our librarians at or click on the underlined hyperlink where relevant

South Gauteng High Court (previously Witwatersrand Local Division) -  ; Court rolls at

Eskom calls on court to dismiss Maroga's compensation claim, institute 'punitive' costs - 22 February
State-owned power utility Eskom confirmed on Monday that it had asked the Gauteng High Court to dismiss an application by its former CEO Jacob Maroga for either R85,7-million in compensation, or for reinstatement, following his high-profile departure from the utility last year. In answering papers to the court, Eskom described Maroga's application as factually incorrect, as well as "incompetent" in its issuance. - Creamer Media's Engineering News website

Eskom says Maroga was dishonest, failed in his duties - 23 February
Eskom revealed yesterday how its board was forced to fire its "dishonest" former CEO Jacob Maroga after he reneged on his resignation. In court papers opposing an R85,7m claim by Maroga, Eskom shed light for the first time on events leading to a bruising leadership battle in which the African National Congress Youth League and the Black Management Forum leapt to Maroga's defence while the Congress of South African Trade Unions and the National Union of Mineworkers defended former Eskom chairman Bobby Godsell against claims of racism. In its response to Maroga's claim for R85,7m or reinstatement, Eskom unveiled details of a week of drama in October during which Maroga resigned, then changed his mind and plunged the utility into crisis. - Business Day website

Bid to muzzle Maroga - 25 February
Eskom has asked the Johannesburg High Court to prevent former CEO Jacob Maroga revealing damning or "confidential" information that led to his "forced" resignation. In its replying affidavits, Eskom also wants the public not to be made aware that the office of President Jacob Zuma also entered the fray in November. This is the appeal of Mpho Makwana, acting chairman of the Eskom board of directors, contained in his replying affidavit opposing Maroga's R85-million claim from the parastatal for unfair dismissal. - IOL website

Shaik 'threatened' Maroga in talks - 27 February
There is some confusion over who paid for fraudster Schabir Shaik's attorney brother, Yunus, to mediate in the Eskom debacle which saw its axed CEO Jacob Maroga file a R80 million claim from the parastatal. Eskom went to court this week to gag Maroga from revealing that Yunus Shaik apparently tried to force Maroga into accepting a settlement and leaving the parastatal at the time of his battles with the board. Maroga has claimed Shaik purported to be President Jacob Zuma's emissary.  - IOL website

Officers' assets seized - 20 February
Assets worth around R8m, belonging to three police officers, were seized in upmarket suburbs in northern  Johannesburg. The three members of the West Rand Organised Crime Unit face charges of racketeering, drug dealing, fraud, theft and defeating the ends of justice in the South Gauteng High Court. On Monday this week, the South Gauteng High Court granted a restraint order against the three members of the unit. - Eye Witness News website

Matric pupil wins fight over promotion - 26 February
The Krugersdorp pupil who took the Gauteng department of education to court to be promoted to Grade 12 without writing his Grade 11 exams has won his battle, his lawyer said yesterday.
The Johannesburg high court would now be asked to make the department's decision an order of the court, said Lynette Steyn, who represented HoŽrskool Noordheuwel pupil Edwin Botha, 18. In its decision, the department found that the best interests of the child should have been adhered to in deciding whether he be promoted to Grade 12. His parents reached an agreement with the school principal who gave a written undertaking that Edwin would be promoted to Grade 12 on his return because of his excellent academic record. - Sowetan website

Agliotti/Kebble Case

British guideline on assisted suicide will capture attention of Kebble murder trial - 25 February
Before Judge Mayer Joffee Glenn Agliotti explained how he together with Clinton Nassif - who has done his own deal with the state - had carried out what he termed " an assisted suicide". Assisted suicide is not recognised in South African Law and that admission could be considered to be tantamount to a confession unless the court is somehow able to distinguish it from prevailing law and create a new precedent. The issue in question is very much a focal point in the European Union in general and Great Britain in particular. - Michael Trapido on the Richmark Sentinel website

See link to Law clarified on assisted death [United Kingdom] in the Know-Go Zone blog

Selebi Case

Selebiís Zuma option - 25 February
ETV news reports that lawyers for Jackie Selebi is to approach Menzi Simelane, National Director of Public Prosecutions (NDPP) in order to have his trial stopped. They report that Selebi will argue that there was a conspiracy against him and that the prosecution was tainted by prosecutorial misconduct. - Pierre de Vos on the Constitutionally Speaking blog

Selebi not doing a Zuma just yet - 26 February
Eyewitness News understands reports that former police chief Jackie Selebi is making representations to the National Prosecuting Authority to have his charges dropped are premature. His lawyers say they have raised certain issues with prosecutors but they are not confirming what those are. - Eye Witness News website

Jackie Selebi corruption trial resumes - 1 March
Former top cop Jackie Selebi's corruption trial was expected to resume in the South Gauteng High Court in Johannesburg on Monday, with former intelligence coordinator Barry Gilder taking the witness stand. This follows failed bids by the State Security Ministry to stop Gilder from testifying in the trial - first in the Supreme Court of Appeal (SCA), then in the Constitutional Court. - Mail & Guardian website

Former intelligence official testifies in Selebi trial - 1 March
After three months of delays, former intelligence coordinator Barry Gilder has taken the stand to testify in camera about the existence of a draft report which allegedly states that Selebi received money from former mining magnate Brett Kebble and his family.  - Mail & Guardian website

Gilder gives evidence - 1 March
Former intelligence co-ordinator Barry Gilder finished giving evidence in camera in the Jackie Selebi corruption trial in the High Court in Johannesburg on Monday morning. Defence counsel Jaap Cilliers had started cross-examining him by mid-morning, said national prosecuting authority spokesman Mthunzi Mhaga. - IOL website

Former spy bosses Selebi evidence to be made public - 1 March
Judge Meyer Joffe on Monday ordered that the transcript of former national intelligence coordinator Barry Gilderís testimony must be made public. - Eye Witness News website

Selebi lawyers want charges thrown out - 1 March
Lawyers acting to former police chief Jackie Selebi have confirmed they are currently preparing an application to have the corruption charges against him dropped. - Eye Witness News website

Ex-spook's testimony to be made public - 2 March
Once former spy boss Barry Gilder finished testifying, his counsel, Marumo Moerane, asked to be excused from the Jackie Selebi corruption trial. Judge Meyer Joffe threw up his arms, smiled and said : "After the disruption you caused". Moerane responded in kind, saying, "You'll be happy to see the back of me", before packing up and leaving courtroom 4B. - IOL website

Agliotti back in the witness box? - 2 March
Former police chief Jackie Selebi's advocate has told the South Gauteng High Court there is a "real possibility" that the defence will recall self-confessed drug dealer Glenn Agliotti to testify in Selebi's case.  Selebi's counsel, Jaap Cilliers, told Judge Meyer Joffe that the defence would now consult with all state witnesses not used by the prosecution in their case. This includes police head of detectives Rayman Lalla and former intelligence bosses Manala Manzini and Arthur Fraser. - Mail & Guardian website

Selebi trial stalls . . . again - 2 March
Former national police commissioner Jackie Selebi's corruption trial was postponed on Tuesday to 7 April to allow his lawyers time to consult with State witnesses such as convicted drug trafficker Glenn Agliotti. Some of the witnesses advocate Jaap Cilliers intended consulting were National Intelligence Agency members, who had been linked to statements Agliotti made on DVD. Witnesses were made available to the defence by the State after it closed its case in the High Court in Johannesburg on Tuesday morning. - iafrica website

Gilder : Selebi bribes 'just gossip' - 3 March
Former intelligence co-ordinator Barry Gilder labelled as "gossip" a claim in a draft intelligence report that top cop Jackie Selebi received bribes. He said it was an attempt to discredit former president Thabo Mbeki. A transcript of Gilder's in camera testimony in the corruption trial of the former national police commissioner was made public yesterday. - Times Live website

Gilder casts new doubt on Agliotti claim about Selebi - 4 March
Former national intelligence co-ordinator Barry Gilder said convicted drug trafficker Glenn Agliotti could not have seen there was an allegation that former police commissioner Jackie Selebi received money from Brett Kebble's family if he had read only a single page from a draft national intelligence estimate. - Business Day website

Selebi legal team gets down to business - 3 March
Former police chief Jackie Selebi's legal team will now spend the next month compiling two separate applications and consulting with top spy bosses and cops. - Eye Witness News website


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