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

Magistrates Courts

Cape Town

Fidentia Brown in court - 13 August
Former Fidentia boss Arthur Brown appeared briefly in the Cape Town Regional and Magistrate's Courts on Thursday to hear three cases against him postponed to September 17. In the regional court, prosecutor Thersia du Toit said an application by Brown for the quashing of all charges was scheduled for hearing in the Cape High Court on September 1. She asked magistrate Wilma van der Merwe to set a trial date regardless of the high court proceedings. In the magistrate's court across the road, Brown appeared separately first with broker Jacobus Theart in the Antheru matter, and then with former Transport Sector Education Authority head Piet Bothma, in the Teta matter. Those cases were postponed to the same date. - IOL website

Durban

Cele distances himself from Zulu trial - 3 August
New National Police Commissioner Bheki Cele is reportedly trying to distance himself from the trial of  Durban businessman Prince Sifiso Zulu. Zulu is facing two charges after his car was involved in a hit and run accident in March last year the trial of which is set to begin on Monday morning and Cele could feature prominently in proceedings. - Eye Witness News website

Cops out to tarnish my name : Zulu - 31 July
Durban businessman and socialite Prince Sifiso Zulu has repeatedly claimed that he was not driving his vehicle in March 2008 when it was involved in an accident that left two people dead. He also claimed that police were out to tarnish his name and reputation by spreading false stories about his involvement in the accident. Next week Zulu is expected to have his day in court when he stands trial on charges relating to the hit-and-run accident. His trial is to start in the Durban Regional Court on Monday. - IOL website

Cele interfered : crash-scene officer - 4 August
Yesterday, a Durban metro police officer told the Durban Magistrate's Court that he did not understand why Cele, then KwaZulu-Natal's transport MEC, had arrived at the scene of the accident and had insisted that the vehicle be returned to its owner. Captain Shane Spilsbury, who saw the BMW "shoot a red robot at high speed" before crashing into a bakkie, said Cele arrived 20 minutes after the collision. "[He] wasn't happy. I wondered why he [got] involved. I pointed out to him that the vehicle was falsely registered and that the driver must have been drinking, but he didn't believe me. I had to radio to the control room so he could hear that the vehicle was falsely registered", Spilsbury said. - The Times website

Cele 'interfered after fatal crash' - 4 August
It was alleged at the start of Zulu's trial, bottles of alcohol were found in his BMW after it had smashed at high speed into a double-cab bakkie that had been carrying 12 members of the Souls Harbour ministry. Asked by prosecutor Mark Dyson if Cele knew who the vehicle belonged to, Captain Shane Spilsbury replied : "He must have known who he was because he wanted the car given back to him". Spilsbury said that moments after the accident he noticed two men - one with dreadlocks and the other wearing khaki - run past his car. Later that evening, he was summoned by radio to go to Durban Central Police Station. "As I was going up the stairs to the charge office, I noticed an African male sitting on the wall. Something made me stop and turn around. His clothing fitted the description. He said Zulu's eyes were bloodshot, his speech was slurred and he smelt of alcohol. He also kept rubbing his chest and arms. Answering a question from the magistrate, he said that at the time it had "crossed my mind that it was because of an airbag injury". - IOL website

'Zulu was drunk' - 5 August
On the night his BMW shot a red robot and crashed into a bakkie, killing two people, Durban businessman Sifiso Zulu told police that a "Dumisani Ngcobo", who worked with the provincial government in Pietermaritzburg, had been driving his car. However, he had been unable to supply an address or telephone number for him. In terms of the Road Traffic Act, the owner of a vehicle is deemed to be the driver unless he can prove otherwise. - IOL website

'I heard a loud bang' - 4 August
In his evidence before the court on Tuesday, paramedic Tristan Manning who was nearby when the accident happened, said more lives would have been lost if immediate medical attention had not been given. - IOL website

Zulu's 'driver' refused to talk - 7 August
Ten days after his BMW crashed into a bakkie killing two people, and telling police that a Dumisani Ngcobo had been driving his car that night, Durban businessman Sifiso Zulu brought another man to the police, alleging he was the driver. But the man, Bongumusa Gumede, had refused to say anything and by then police did not "entirely believe" Zulu. This was the evidence of investigating officer Inspector Blessing Ndlovu before Durban Regional Court Magistrate Thomas Nhleko on Thursday. - IOL website

Zulu crash 'driver' risks being charged - 9 August
The man who told police he had been driving "Prince" Sifiso Zulu's BMW X5 at the time of a fatal high-speed crash in Durban last year, could be charged with defeating the ends of justice if Zulu is convicted in the Durban Magistrate's Court. - IOL website

A connected Zulu on trial - 9 August
New police National Commissioner Bheki Cele's intervention in a hit-and-run accident allegedly involving businessman Sifiso Zulu faded into irrelevance at the latter's culpable homicide trial, which started at the Durban Regional Court this week. The question of who was driving Zulu's BMW X5 sport utility vehicle in March last year provides the key to whether the politically connected Zulu will spend time in jail or not.  - Mail & Guardian website

Muizenberg

Magistrate eases bail conditions - 10 August
The Muizenberg Magistrate's Court relaxed the bail conditions on Friday, of a father accused of raping his daughter, to enable him to travel around the country on business. A court date for the 52-year-old German, a specialist IT consultant, is still to be scheduled. On Friday, he made his third appearance since his arrest and release on bail of R1 000 in May, before magistrate David Lakey. His advocate, Martinho van Schalkwyk, argued that a bail condition requiring him to report twice weekly to the Parow police, severely restricted his ability to visit clients around the country. - IOL website

Umlazi

Pants trial faces fees hitch - 12 August
The case against four men accused of stripping an Umlazi woman of her trousers has been postponed. At Umlazi Magistrate's Court on Tuesday, defence attorney Lawrence de Klerk said he needed to seek assistance from the Legal Aid board for his clients, who could no longer afford their legal fees. - IOL website

Pants case to get high court review - 14 August
The case of the four men accused of stripping an Umlazi woman of her pants in public in Umlazi's T-Section will be reviewed by the high court. The lawyer representing the accused indicated on Thursday that his clients would apply to have their case reviewed by the Durban High Court after lengthy delays in the matter. He argued that the delays were caused by the fact that the case had not been given the priority it deserved by the Umlazi Magistrate's Court. - IOL website

'We need to know why Zondi was killed' - 12 August
The State has a line up of 16 witnesses to testify in the inkosi Mbongeleni Zondi murder trial, the Umlazi Magistrate's Court heard on Wednesday. The trial is set down for nine days starting from March 1, 2010 at the Durban High Court. Siphamandla Mhlongo would be in the dock. - IOL website

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