12 June 2009
6550/08
[2009] ZAKZPHC 26
Hughes
v Ridley and Others
9 June 2009
3853/06
[2009] ZAKZPHC 25
Singh
v Road Accident Fund
8 June 2009
15209/08
[2009] ZAKZPHC 27
Maxwell
v Holderness and Others
5 June 2009
AR
151/2009 [2009] ZAKZPHC 24
Seiti
v Berlein and Another
1 June 2009
8684/08
[2009] ZAKZPHC 23
Stand
2436 PMB (Pty) Ltd v Takor
26 May 2009
AR
175/06 [2009] ZAKZPHC 22
Otto v S
Woman
gets right to visit mother - 9 June
A Pietermaritzburg woman yesterday obtained an interim order by
consent in the high court ordering her brother to allow her access
to her 85-year-old mother on specified occasions, including her
mother’s birthday on August 1, and every Saturday pending the
finalisation of a dispute between the siblings. Argument in the
case is to be heard on August 31. In terms of the interim order
granted by Acting Judge Yoga Moodley yesterday, Yogendra Kumar
Lalloo is directed to allow "free, uninterrupted and
unsupervised" physical contact by his sister, Madhumati
Jeena, with her mother, Diwari Ramjee Lalloo (known as Ba). Lalloo
is also ordered to inform Jeena of any change in their mother’s
health and to immediately inform her if and where she is
hospitalised. In the event of her death, he is directed to allow
Jeena access to her mother to perform the customary last rites in
terms of Hindu tradition. In his reply, Lalloo suggests that
considering that his family's "rights to privacy had been
steadily eroded and are likely to continue to be eroded",
they want to hand over custody of Ba to Jeena. - The
Witness website
Pupil
goes to court to fight matric battle - 12 June
Kyle Springate, a deaf matric pupil at Westville Boys High is
taking on South Africa's education authorities in a court battle
which he hopes will enable him, and other hearing impaired
people, to take sign language as an official matric subject.
With only months until his final examinations, his future is now
bleak with word from the Education Department that sign language
- a subject he has been studying with departmental blessing
throughout high school - is not a recognised matric subject.
With the backing of his mother, lawyers from Durban's Legal
Resources Centre, the Deaf Federation of South Africa (DeafSA)
and the KwaZulu-Natal Blind and Deaf Society, he has approached
the Pietermaritzburg High Court for intervention. - Daily
News website
Military
base battle back in court - 12 June
The battle over the sale of the old Natal Command military base
in Durban - which reached court in 2005 - has resumed in
Pietermaritzburg High Court. A report in The Mercury says
the eThekwini Municipality maintained that it had the right to
sell the base and that the sale should not be set aside. Legal
representatives of the municipality, the local government,
housing and traditional affairs MEC, and Rinaldo Investments,
owned by film-maker Anant Singh, were in court opposing an
application brought by former gambling boss Sunny Gayadin to
have the sale set aside. Gayadin brought the application on
behalf of Giant Concerts, which is owned by his wife. - Legalbrief
website
See
also :
Court
orders Gayadin millions held in trust - 15 March 2002
In another court on Tuesday, Gayadin and a close corporation
admitted liability for damage to the historic Buchanan Street
swimming pool in Pietermaritzburg. The pool was closed for six
months when its buildings were damaged by illegal demolition of
a building ordered by Gayadin. - IOL
website
Heritage
buildings lost - 4 April 2004
Two years ago, businessman Sunny Gayadin was fined R5 000, the
highest fine ever paid in the province, after pleading
guilty to pulling down a Victorian building in
Pietermaritzburg. - Rootsweb
website
Sizwe
is now Shembe leader - 18 June
A Pietermaritzburg high court judgment has ended a 32- year-old
feud and hostilities over the rightful leader of the Shembe
church.
The court ruled last week that Isaiah Shembe's descendant, Sizwe
Mudliwamafa Shembe, is the leader of the church's ecclesiastical
endowment trust.
He was also accorded the status of titular head of the Nazareth
Baptist Church, generally known as Shembe. The judgment by Justice Levinson effectively removes Ebuhleni
group leader Inkosi Vimbeni Mbusi Shembe as the head of the
church’s trust with immediate effect. - Sowetan
website
Shembe
rejects court ruling - 19 June
The Nazareth Baptist Church (known as Shembe) Ekuphakameni faction
led by prophet Vukile Shembe is unhappy with the Pietermaritzburg
high court ruling that a rival is the legitimate leader of the
church. Ekuphakameni faction spokesperson Velemafini "Edward"
Ximba said he "knows nothing" about Judge Levinson's
decision.
Ximba said they have seen the court order informing them that
Sizwe is the leader.
"We do not know where this Sizwe comes from. As far as we
know, he is an opportunist who wants to cash in on the legacy of
the church", he said. "He must just go and find a job ;
our church is not a firm to feed him". - Sowetan
website
Leadership
woes bedevil Shembe - 25 June
The Shembe church's leadership woes continue after the
Pietermaritzburg high court issued another ruling informing Inkosi
Sizwe Mudliwamafa Shembe to refrain from calling himself the
leader.
On Tuesday, Justice Jerome Mnguni ruled that Sizwe Shembe and two
others must stop presenting themselves as Shembe church trustees.
The ruling comes a month after Justice Chris Levinsohn ruled in
favour of Sizwe Shembe. - Sowetan
website
Court
grants man R21m - 25 June
The department of transport in KwaZulu-Natal was on Tuesday
ordered to pay 70 percent of the R30 million damages claimed by an
Australian who was injured on the Sani Pass road.
Making the order, Pietermaritzburg high court judge Sharmaine
Balton said the poor state of the road to Lesotho was an
indictment of the department.
Australian electrician Murray Eastman was left a paraplegic by an
accident on this road in March 2005. Eastman and his wife Jane had
spent long periods in local hospitals and would require further
expensive treatment in future in Australia.
They were injured when a bakkie driven by retired Australian
professor Robert Mitchell crashed between Himeville and Sani Pass
road. According to evidence , Mitchell was driving fast on a wet,
slippery road. He was ordered to pay 30 percent, or R9 million, of
the Eastman couple's damages. - Sowetan
website
See
also :
Pothole
wrangle goes to highest court - 23 June
The Constitutional Court will be the final arbiter on who is
responsible for the severe injuries sustained by a
Pietermaritzburg advocate when he crashed his bicycle while trying
to avoid potholes in August 2004. Allistair McIntosh, who sued the
KwaZulu-Natal premier and transport MEC four years ago for
R7,6-million because of the injuries he sustained, confirmed to The
Mercury on Sunday that he had been served with papers
indicating the provincial government's intention to challenge the
matter in the Constitutional Court. - IOL
website
[InfoUpdate
29 of 2008]
Supreme
Court of Appeal of South Africa
29 May 2008
632/07
McIntosh v Premier, KwaZulu-Natal (632/07) [2008] ZASCA 62
Delict – cyclist falling in attempt to avoid pothole in road -
legal duty of Province apparent from statute – additional
considerations when weighing up reasonableness of public authority's
conduct
Pothole
victim sues province
- 26 January 2009
The
Witness website
[InfoUpdate
3 of 2009]