Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 June 2009

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

InfoUpdate 11 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

Western Cape High Court (previously Cape Provincial Division) - http://www.saflii.org.za/za/cases/ZAWCHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=134

21 May 2009
14355/08 [2009] ZAWCHC 78
Garden Cities (Incorporated Association not for Gain) v City of Cape Town and Another

21 May 2009
4375/2008 [2009] ZAWCHC 77
Visser v Hull and Others

15 May 2009
A104/2009 [2009] ZAWCHC 68
July v S

8 May 2009
13854/2008 [2009] ZAWCHC 67
Law Society of the Cape of Good Hope v Booysen

24 April 2009
4365/2009 [2009] ZAWCHC 66
Diamonds Discount Liquor (Pty) Ltd v Full Sail 75 (Pty) Ltd

Van der Westhuizen 'did not have fair trial' - 12 May
Former policeman Marius van der Westhuizen who shot dead his three children did not have a fair trial, his attorney said during closing arguments in the high court in Cape Town on Monday. Defence attorney Milton de la Harpe said the prosecution's handling of the trial, especially by not letting the defence consult with certain of their psychiatrists, prevented Van der Westhuizen from having a fair trial. He said the way the justice system deals with accused who rely on the defence of mental illness was unconstitutional. -
IOL website

Pupil's hammer attack left ex-teach 'a wreck' - 13 May
A former schoolteacher who was attacked in class with a hammer by a Grade 8 pupil in 2001 said the incident left her so traumatised that she eventually became unable to continue her teaching career. Tania Jacobs is suing Rhodes High School in Mowbray and principal Keith Long for R2-million. fter several complaints to the principal, governing body, Education Department and National Union of Educators about her safety fears and getting no support, a meeting was held where she said she felt she was being put on trial.  She also found it very unfair, given her state, that the school had neglected to tell her that two brothers in her Grade 8 and Grade 9 classes were gang members who faced criminal charges of assault. One victimised her. She said Long said she was not told, because it could have made her treat them differently. -
IOL website

Brown misses legal deadline - 14 May
Former Fidentia boss Arthur Brown has missed his deadline to file his reply to allegations that he had deprived Cape Town businessman Rocco van den Bergh of the love and affection of his wife, Annelize. Brown is involved in a relationship with her and they are living together in the plush Atlantic Beach Golf Estate. Van den Bergh has instituted divorce proceedings in the Cape Town High Court, but is also claiming R500 000 from Brown for alienation of affection. - IOL website

Vida e Caffe coffee shops reopen for business - 15 May
While the insolvent franchisee of three Cape Town branches of the trendy coffee chain Vida e Caffe has been placed under final liquidation in the Western Cape High Court yesterday, the branches are up and running again, under the control of the holding company. - Cape Times website

Fidentia Case

Fidentia whistleblower accused of taking R9m - 8 May
Fidentia curators are claiming a whopping R9,8-million from the man who blew the whistle on the multi-million rand Fidentia scandal, Hendrik Bam. They claim that Bam, a former Fidentia director, first blew the whistle on the scandal, then resigned, sold his Fidentia shares and was paid out for these shares with allegedly stolen money. Curators Dines Gihwala and George Papadakis have now instituted a Cape High Court action against Bam for the return of the money, saying he knew it was tainted and that the payments were illegally made. -
IOL website

Taliep Petersen Case

Najwa appeal ruling reserved - 5 May
Murderess Najwa Petersen will know on Wednesday whether she will be allowed to appeal her conviction. Clad in prison-issue blue denims, and without makeup or her trademark glasses and headscarf, she was in the Cape High Court on Tuesday to hear her attorney argue for leave to appeal. -
The Times website

Najwa refused leave to appeal - 6 May
Murderess Najwa Petersen has been refused leave to appeal her conviction. In the decision handed down on Wednesday, Cape High Court judge Siraj Desai also refused leave to her co-accused Abdoer Emjedi. They were found guilty in December last year of the 2006 execution-style slaying of Najwa's husband, theatre legend Taliep Petersen. -
Mail & Guardian website

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