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

12 June 2009

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

InfoUpdate 12 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

Magistrates Courts

Alberton

Dirker found not guilty - 24 June
The 39-year-old man re-charged with assaulting an elderly man in a road rage incident was found not guilty by the Alberton Magistrate's Court on Wednesday. Magistrate Joe Martini found Andre Dirker not guilty because the State failed to prove that 82-year-old Joe Duffy's severe facial injuries were a result of an assault and not the impact of an accident. Dirker was initially fined R1 000 in the matter in October 2008 after he pleaded guilty to assault with intent to do grievous bodily harm. The State alleged that Dirker beat Duffy with his fists after the old man rammed into the back of his car on Swartkoppies Road on May 28, 2006. - IOL website

Bela Bela

'Evil supervisor poured boiling water over my body' - 12 June
A Limpopo woman who was allegedly burnt with boiling water by her supervisor was dismissed from work, after she failed to report for duty. The woman, Johanna Mashilo of Thabazimbi, suffered third-degree burns on her neck and chest. The 20-year-old woman, whose husband was also fired from the Matlakele Game Lodge, allegedly had boiling water poured over her by her supervisor Philemon Majila after an argument over her absence from work. "My sin was to ask the foreman why he told my employer that I had been absent from work", she said. Mashilo, who had worked at the lodge for more than three years, said she was paid between R350 and R600 a month. Bela Bela police spokesperson captain Johny Thiyo said Majila appeared in the Bela Bela magistrate’s court on Monday and was released on R200 bail. - Sowetan website

Brakpan

Doctors responsible for casino death - 14 June
Doctors who switched off the life-support machines of ex-provincial rugby player, Andries Pieters, should be held responsible for his death, defence lawyers said. The defence team of the four men accused of murdering Pieters told the Brakpan Magistrate’s Court on Friday they could not be charged with murder because their attack on Pieters did not cause his death. "The doctors and the family who decided a day later to switch off the machine, are the people who caused the death and who should be considered the murderers of Pieters. "At most my clients can be charged with assault with the intention to cause serious damage," said advocate Zehir Omar. - The Times website

Cape Town

Travelgate accused grilled by court - 1 June
A Cape Town regional magistrate put her foot down today when she was told, on the day his trial was supposed to start, that travelgate MP Nyami Booi had run out of money to pay his lawyers. The magistrate, Michelle Adams, refused to allow attorney Mario Wilker to withdraw from the case, granting him only a one-day postponement to prepare. Booi, who first appeared in court in February 2005, faces a charge of travel voucher fraud involving some R140 000. - The Times website

Magistrate censures Travelgate lawyer - 2 June
The attorney representing Travelgate MP Nyami Booi was threatened with a contempt of court conviction today after he and Booi walked out on the Cape Town regional magistrate dealing with the case. The drama followed a bid by the attorney, Mario Wilker, for another postponement of the trial, which was meant to start yesterday. He told magistrate Michelle Adams he needed time to sit with Booi to prepare an application for an urgent high court review of her refusal to grant a longer postponement than the one day she allowed. They also intended to appeal her refusal to allow him to withdraw from the case because there were no funds to pay his fees. - The Times website

Charges against 'mutineers' dropped - 19 June
The State has withdrawn all charges against the ten Vietnamese sailors who allegedly mutinied on a fishing vessel off the South African coast last month. The sailors, who have appeared in court several times since the incident, faced two provisional counts of kidnapping. Prosecutor Greg Wolmarans told Cape Town magistrate Vusi Mhlangu today that the regional office of the director of public prosecutions had given "urgent consideration" to representations by the men’s attorney Alan Goldberg. The office had decided that given the personal circumstances of the accused and the circumstances of the incident, it woul
d be in the interest of justice not to pursue criminal charges against them. - The Times website

See also : InfoUpdate 11 of 2009. Magistrates Court. Cape Town. Mutiny

Johannesburg

School assault boys in court - 5 June
A case against 12 Parktown Boys' High School pupils accused of assaulting their junior school mates was postponed in the Johannesburg Magistrate's Court on Friday. Magistrate Helena Prinsloo postponed the case to June 11 for a pre-trial report. The report, to be compiled by social workers, will focus on the boys' personal circumstances to evaluate their behaviour. The boys, aged 17, 18 and 19, are accused of assaulting fellow pupils during an initiation ceremony earlier this year. Their appearance comes after charged were laid by the mother of one of the boys allegedly assaulted. Their case was heard in camera. - News24 website

Parktown boys have their day in court - 6 June
Pene Kimber - the mother who laid the charge after her Grade 11 son was initiated and then victimised - has indicated that she will be at court next week when the 12 next appear. As a result of the coverage, 12 boys from Parktown Boys' Druce Hall were subject to a temporary expulsion from the hostel for the remainder of the first term, as was one of the teachers, Bryan Hillock. The hostel head boy, who was also the head boy of the school, was stripped of his hostel responsibilities and office, and expelled from the hostel. In March it emerged that he had been involved in another incident of bullying. The Gauteng Department of Education vowed to investigate both the cases. The charges the 12 face are serious. Attorney Stephen Tuson from the Wits law Clinic, a specialist in criminal law, said the boys could face three different charges. - IOL website

Parktown Boys - 9 June
The headmaster of Parktown Boys, and whoever is advising him, if indeed there is somebody, has to get the prize for the most badly handled situation of the year. You have a situation where initiation gets out of hand . . . and instead of saying, "We are so sorry, we will sort it out", the school takes the approach that the person who has complained about their son being assaulted is in fact persecuting them (although she is really up against it) and tries to make them the villain of the peace. Such a ridiculous approach is never going to work, and what amazes me, is that with all that publicity they are getting on Radio 702 and in The Star newspaper, that they continue to believe that attacking the complainant is the correct approach.  If ever a school is in need of hiring some PR consultants, to urgently come and advise them how to handle the situation properly, it is Parktown Boys. - Michael de Broglio's Legal Blog

Parktown Boy's High jinx - 11 June
Life must be tough for Pene Kimber, courageous mother who blew the whistle on her son's brutal initiation ceremony at Parktown Boy's High. Life is probably even tougher for her son who probably wishes he could change his surname and re-emerge somewhere with a new identity. Mrs Kimber has had to endure insults from other school parents, hostile letters to the newspapers and a complete lack of sympathy from her son's former headmaster who accuses her of having a vendetta against the school. Despite all of this she has fought on and deserves the support of decent people. The problem is that little bullies grow up to be big bullies if they think they can get away with it. You can find them in business and in politics and you can bet your bottom dollar that the sort of people who enjoy bullying their employees had their early training at school. - Article by David Bullard on the Moneyweb website

Judge Motata did not have too much booze in his system : Court - 25 June
Judge Nkola Motata was today acquitted of a charge of "driving with an excessive amount of alcohol in his blood", but still faces a drunken driving charge. "The accused has been discharged of the alternative charge of driving with an excessive amount of alcohol in his blood. All other counts stand", Magistrate Desmond Nair said in the Johannesburg Magistrate's Court. He was delivering judgment on an application by Motata’s lawyers for a discharge of all the charges against him. - Sowetan website

Pietermaritzburg

Teen in KZN murder trial remains in custody - 24 June
A 16-year-old girl, accused with four others of killing a Pietermaritzburg man by slitting his throat, is to remain in custody until July 2. On that day a Pietermaritzburg magistrate will decide whether she will be released and whether on bail or in a guardian's care. This was decided on Wednesday by Pietermaritzburg magistrate Paul van Dongen. The girl's four co-accused, charged with the murder on June 14 of Kishore Ramdayal and two attempted murders, - IOL website

Pinetown

Lotter trial : 'Money, sex and anger' - 22 June
Christelle Lotter, whose brother and sister are accused of murdering their parents, has lodged a court bid to block their inheritance, a report said today. In an affidavit before the Durban High Court, Christelle says her siblings, together with their co-accused Mathew Naidoo, were motivated by "money, sex and anger", the Mercury newspaper reports. She says they are not entitled to one cent of their parents' R2 million estate, even if they are acquitted. Christelle has retained the services of top advocate Kemp J Kemp, who successfully represented President Jacob Zuma. - The Times website

Polokwane

Four in dock for alleged government fraud - 22 June
Two government employees and two private company directors appeared in the Polokwane Magistrate's Court on Monday for allegedly defrauding the Limpopo Department of Justice, police said. Justice employees Silas Setati and James Netshiozwi allegedly made transactions to Ally Nobela and Khanyisa Shirindi, the director and assistant director of KTKX technologies respectively, for work not done. KTKX was allegedly awarded a tender by the justice department to install software and cabling at various courts around Limpopo. - IOL website

Pretoria

Court red-cards hotel burglars - 25 June
The Pretoria Regional Court on Thursday made an example of the two groundsmen, employed by the Mpumalanga Department of Water Affairs, who broke into the hotel room of two Brazilian police officers. Magistrate Solomon Mkhabele said South Africa could not afford citizens who gave their country a bad reputation during major international sporting events, be it the current Confederations Cup or the upcoming 2010 World Cup. Sibusiso Mashaba and Faahiam Pillay, both aged 21, were each sentenced to an effective three years in jail. - IOL website

Randburg

'Commissioner Mphego charges a ploy' - 29 May
Charges brought against crime intelligence head Mulangi Mphego were brought to "suffocate" his unit’s ongoing investigation into the National Prosecuting Authority, the Randburg Magistrate’s Court heard today. "Mr Mphego is engaged in investigations against members of the [NPA] regarding abuse of office - espionage, corruption, leaking of government information to newspapers, money laundering, blackmailing," his lawyer, advocate Salie Joubert told the court. "So these charges are intended to suffocate this criminal intelligence investigation," he said. Joubert was opposing a request by the State for yet another postponement for further investigations. - The Times website

Wynberg

Jo'burg court lacks telephones - 18 June
Johannesburg’s Wynberg Magistrate's Court has had to strike criminal matters, including murder, off the roll because their telephones have not worked for months, Beeld reports. Magistrates have also warned that more people could be freed if the court does not receive the compacts discs it needs to make back-up recordings of court proceedings. - The Times website

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