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

14  August 2009

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

InfoUpdate 18 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

North Gauteng High Court (previously Transvaal Provincial Division) - http://www.saflii.org.za/za/cases/ZAGPPHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=79

11 August 2009
8550/09 [2009] ZAGPPHC 99
Pikoli v President and Others

Pikoli heads to court - 3 August
Lawyers representing discharged National Prosecuting Authority head Vusi Pikoli said his urgent interim application to stop a successor being appointed will probably be heard on Thursday. - Eye Witness News website

Zuma holds off on NPA boss - 6 August
President Jacob Zuma said on Thursday he will wait for the court's decision on former NPA head Vusi Pikoli before deciding on a new head for the group. Zuma said he had prioritised the filling of the position. - News 24 website

Pikoli believes application will be successful - 6 August
Fired NPA head Vusi Pikoli said on Thursday he believes he has a prima facie case that his sacking was unlawful. His lawyers are arguing for an urgent interim application to stop a new National Director of Public Prosecutions being appointed until Pikoli’s full application is heard. - Eye Witness News website

Pikoli has Zuma hamstrung - 7 August
President Jacob Zuma yesterday maintained that the appointment of a permanent head of the National Prosecuting Authority was a priority, but said he would wait for a ruling on a court application by former NPA boss Vusi Pikoli intended to stop him doing exactly that. - The Times website

Pikoli wants his job back - 7 August
A total of R9,8-million. That's what axed prosecuting head Vusi Pikoli turned down when he decided to fight his controversial suspension and dismissal. And, despite living on "borrowed money" for eight months as he prepares to take on President Jacob Zuma over his firing in the Pretoria High Court, Pikoli is still adamant that he cannot be bought. Pikoli was responding to suggestions from Zuma that, if the former national director of public prosecutions (NDPP) successfully challenge his suspension and dismissal by former presidents Thabo Mbeki and Kgalema Motlanthe respectively, he could receive a damages payout instead of being reinstated to his post. - IOL website

Do not interfere, Zuma warns high court - 11 August
President Jacob Zuma has warned the Pretoria High Court not to "interfere" in his plans to appoint a permanent replacement for axed prosecuting boss Vusi Pikoli. Zuma also said that the court should not assume greater powers than it has. High Court Judge Ben du Plessis is due this morning to rule on Pikoli's urgent bid to stop Zuma from appointing his replacement until the finalisation of his court challenge to his suspension and dismissal by former presidents Thabo Mbeki and Kgalema Motlanthe. - IOL website

12 August 2009
Text of the Pikoli interdict against Zuma
Politicsweb website

12 August 2009
Pikoli's replying affidavit in interdict application
Politicsweb website

Parties hail Pikoli ruling : Zuma will abide by it - 11 August
President Jacob Zuma has said he accepts the judgment of the court preventing him from appointing a successor to Vusi Pikoli as director of public prosecutions, although a statement from his office repeated his view otoday that the appointment of a permanent head of the prosecuting authority is critical to the country's efforts to tackle crime. The presidency said it will make further comment if necessary when it has studied the judgment in detail. - Business Day website

11 August 2009
The Presidency responds to ruling in Pikoli application
BuaNews Online website

Zuma interdicted in Pikoli case - 11 August
Axed NPA boss Vusi Pikoli scored a significant victory on Tuesday when the North Gauteng High Court interdicted President Jacob Zuma from appointing a successor for Pikoli. Pikoli, fired by Parliament earlier this year after then president Kgalema Motlanthe recommended his sacking, is fighting his removal from office which, according to him, was ultimately motivated by protecting former police national commissioner Jackie Selebi from prosecution. - Mail & Guardian website

Pikoli blocks Zuma in court - 12 August
Axed head of the National Prosecuting Authority Vusi Pikoli scored a "victory for prosecutorial independence" yesterday when he stopped President Jacob Zuma in his tracks in his attempts to appoint Pikoli’s successor. - The Times website

Pikoli wants his old job back - 12 August
Axed prosecution boss Vusi Pikoli is determined to be reinstated and is unwilling to accept a damages payout from the government instead of being returned to office, according to his attorney. Pikoli's attorney, Aslam Moosajee, said his client was "delighted" after Judge Ben du Plessis dismissed every argument used by President Jacob Zuma in the Pretoria High Court to justify his mooted permanent appointment of Pikoli's successor, interdicting the president from making good on his plans until the High Court had ruled on Pikoli's November 2009 challenge to his firing. - IOL website

Pikoli gears up for round three over NPA sacking - 12 August
Axed prosecutions boss Vusi Pikoli will have three months to prepare for his full application to be reinstated. - Eye Witness News website

Pikoli = 1 : President of the RSA = 0 - 13 August
It comes as no surprise that Vusi Pikoli won the first round in his legal battle with the President of South Africa when the North Gauteng High Court granted an interim interdict prohibiting the President from appointing a permanent National Director of Public Prosecutions (NDPP) until such time as Pikoli’s case had been dealt with. It was always going to be difficult for the President to argue that he had a right to appoint a new NDPP, despite the fact that Pikoli is challenging the legality of his firing. So here, dear readers, follows a little lesson in the law of interim interdicts. - Pierre de Vos on the Constitutionally Speaking blog

See also : Zuma holds off on NPA boss

Protector mulls challenge to Oilgate ruling - 3 August
Public Protector Lawrence Mushwana is considering appealing against a high court judgement setting aside his 2005 report on the so-called "Oilgate" scandal, his office said on Monday. - Mail & Guardian website

The Public Protector in the dog box - 4 August
Last week Judge JNM Poswa delivered a damning judgment in the North Gauteng High Court in which he set aside a "report" (well, more like an excuse for a report, also called a "whitewash") by the Public Protector into the so called Oilgate scandal.  The judgment bends over backward to be "fair and balanced" and not to jump to conclusions about why the Public Protector failed so dismally to adhere to its mandate and to do its job as required by the Constitution and the law. However, after reading the full judgment it is impossible not to be concerned by the behaviour of the Public Protector’s office in this case. - Pierre de Vos on the Consitutionally Speaking blog

Widow breaks down as she relives crime ordeal - 4 August
The widow of a Welsh businessman on Tuesday relived seeing her husband shot dead during a robbery at their Pretoria home last year. Ursula Picton-Turbervill was testifying in the trial of Petro Markel and Christovao Fresco Ndima. The pair, both from Mozambique, pleaded not guilty to charges of murdering her husband Fred in Waterkloof Ridge in January last year. Fred moved to South Africa in 2003. He died in a Pretoria hospital shortly after being shot, without any provocation, in front of his wife and children Samantha, 10, Bryony, 9, Natasha, 6, and Gregory, 30. - IOL website

5 August 2009
Prosecuting Authority seizes assets in fraud and theft case
SA Government Information website

MTN boss in nuptial battle - 7 August
Were they ever married in terms of customary law or not? This was the question the Pretoria High Court was confronted with this week when the CEO of the State Theatre, Xoliswa Ngema, took her former lover, group chief operations officer of MTN Sifiso Dabengwa, to court. Ngema claimed that as Dabengwa had paid her family lobola of R20 000, they were indeed married in terms of customary law. The couple has since separated and Ngema is now asking for a decree of divorce as well as R35 000 in maintenance a month. Ngema also stated that she was entitled to half of his estate. - IOL website

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