An Information Service supplied by the KwaZulu-Natal Law Society

17 February 2012

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InfoUpdate 5 of 2012
Recent Judgments 

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KwaZulu-Natal High Court : Pietermaritzburg (previously Natal Provincial Division) ; Court rolls via and

IFP leader moves to halt election - 15 February
Inkatha Freedom Party leader Mangosuthu Buthelezi will approach the Pietermaritzburg High Court on Wednesday to stop KwaZulu-Natal's upcoming election of traditional councils. Buthelezi, who is the chief of the Buthelezi clan, wants the election to be held later this year to allow for proper preparations. He argues that the provincial department of traditional affairs did not follow correct procedures when preparing for the elections. - IOL website

Elections registration process 'flawed' - 15 February
"Checks and balances were not adhered to during the registration process", V Gajoo SC told the court. Gajoo was representing Inkatha Freedom Party president Mangosuthu Buthelezi, who approached the court on Wednesday to stop KwaZulu-Natal's upcoming election of traditional councils. - News24 website

Traditional elections to continue despite objection - 16 February
IFP president Mangosuthu Buthelezi's attempt to stop the traditional council elections from taking place on Sunday was stymied in the Pietermaritzburg High Court on Wednesday. Judge Trevor Gorven dismissed Buthelezi's application with costs and did not provide reasons owing to the urgency of having to rule on the matter. Buthelezi brought the application in his capacity as a traditional leader. - IOL website

15 February 2012
Statement by Prince Mangosuthu Buthelezi MP, President of the Inkatha Freedom Party, traditional Prime Minister of the Zulu Nation and Inkosi of the Buthelezi Clan on the verdict handed down in the Pietermaritzburg High Court Cape Town
Politicsweb website

Witness tells of night of assault - 10 February
The six-year-old girl who Hilton man Gerald Rosselloty allegedly raped was bleeding profusely and had to be rushed to theatre after on the night she was assaulted. This was the testimony given by Merilyn Howes in the Pietermaritzburg High Court on Thursday. - IOL website

Girl tells court of rape ordeal - 11 February
An 11-year-old girl yesterday identified accused Gerald Rosselloty (40) as the man who threw her on a bed and raped her in 2006 after telling her he had a present for her. The girl's mother, who once had a relationship with Rosselloty, said when she left her daughter in his care that day "she was perfect". On her arrival at Howes's flat in response to an SMS that night, she was shown where the child had bled on a couch and was also handed a plastic bag containing blood and body tissue. She rushed the child to MediClinic, but the doctor there referred them to Grey's saying it was a "state matter". Nurses at MediClinic notified the police. At Grey's Hospital the child was taken straight to theatre for an operation to repair her vagina. During an examination she had also noticed cigarette burns on her little girl and blood coming from her nose. The child spent one week in Grey's Hospital and another at St Anne's where she underwent a second operation and was seen by a psychologist. Throughout this period doctors were unable to stop her bleeding. Both of them are still undergoing counselling. - The Witness website

Gruesome discovery in bath - 10 February
Warrant officers Alvin Freddy and Wiseman Ngcobo from the family violence, child protection and sexual offences unit, said Gerald Rosselloty was identified as a suspect in the rape of the child and he was subsequently arrested. Ngcobo said he had intended to interview the little girl before he handed over the investigation to another officer, but "she was in theatre" at the time and he could not talk to her. During cross examination yesterday Rosselloty's lawyer, Chetna Singh, suggested to police witnesses who testified about the arson and murder charges, that Rosselloty claims he fell asleep next to his girlfriend on the night in question, and later woke up to find himself in the passenger seat of his bakkie parked about half a kilometre from the scene of the fire at the Callanish Gardens complex. He also denies he told police he had left to go to the Mighty Men Christian conference in Greytown and "turned back" when he got a message in the early hours that his simplex was on fire. - IOL website

Lover was dead before being set alight - 13 February
The lover of murder accused Gerald Rossolloty was dead before her body was burned, the Pietermaritzburg High Court heard on Monday. District surgeon Dr Danraj Maney said no soot was found in the trachea of Nokwazi Ntuli when he carried out a post mortem in April 2010. Even when unconscious, people breathe in soot if they are in a fire situation, said Maney. Ntuli had broken ribs, internal chest and heart injuries, and forehead injuries. She was small and slender and probably weighed about 57kg, said Maney. - IOL website

Man allegedly burnt down flat to hide evidence of murder - 14 February
In the Pietermaritzburg High Court on Monday, Rosemary Hele, the sister of Gerald Arthur Rosselloty’s landlord, described the events of April 17, 2010 and how the accused seemed unfazed about losing all his belongings in the fire. The owner of the apartment, Graham Carter, is also a complainant in the case, claiming to have lost an estimated R700 000 in property. The state also alleges that Rosselloty molested his then nine-year-old daughter. - The New Age website

Rape claim a plot : Rosselloty - 16 February
"I did not rape this child. I have no idea how she sustained those injuries, but I'm absolutely positive that the child's mother is setting me up". This was the testimony of rape, murder and arson accused Gerald Rosselloty in the Pietermaritzburg High Court on Tuesday. The little girl, now 11 years old, testified before Judge Rishi Seegobin last week, identifying Rosselloty as her rapist. The child's mother also testified, confirming that she and Rosselloty had been involved in a relationship for a period of time, but revealed that the relationship had ended because he had been abusive. Rosselloty labelled the child's mother as unstable. He told the court that the child's mother had also accused him of raping her other daughter in 2002. The child was seven years old at the time. She later withdrew charges, and according to Rosselloty, admitted to the prosecutor handling the case that she had coached her daughter to implicate Rosselloty in the fabricated rape. He claimed that the child's mother had also falsely implicated him in a series of assault, indecent assault and rape cases. He was arrested and she later withdrew charges against him. He said that on another occasion, the child's mother had got one of her work colleagues to give her two black eyes so that she could charge Rosselloty with assault. - IOL website

Sifiso sentence 'is too harsh' - 14 February
The State had taken a vindictive position in seeking to punish Prince Sifiso Zulu and to portray him as a "drunken driving thug who should be harshly dealt with". This was among the submissions made in heads of argument filed in the Pietermaritzburg High Court on Friday by Zulu's legal representatives, before Zulu's appeal set down for March. He was convicted of culpable homicide for the deaths of two people in an accident in March 2008. It was found his BMW X5 had gone through a red traffic light and crashed into a bakkie. Although Zulu denied being at the wheel of the BMW and said the driver had fled, he was sentenced to three years in jail. He was also found to have failed to perform the duties of a driver after an accident and of having a blood alcohol concentration of more than 0.05g/100ml. - IOL website

Prince Zulu meets deadline to file appeal - 14 February
Businessman Prince Sifiso Zulu has met the deadline to file papers to appeal his conviction and sentence arising from a fatal accident in Durban in 2008. The appeal will be heard on March 1. Zulu was given until February 11 by Judge Yvonne Mbatha to file heads of argument for his appeal, failing which he had to surrender himself to begin serving his jail sentence within 48 hours. - The Witness website

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