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

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

Sentencing begins of convicted killer - 1 August
Sentencing of convicted killer Marius van der Westhuizen begins on Monday in the Cape High Court. In May, the former policeman officer was found guilty of murdering his three children three years ago. Judge Willem Louw found van der Westhuizen was motivated by rage and a desire to punish his wife when he killed his children. He also ruled the former police officer had insight into his actions and its consequences. Despite this, Louw found van der Westhuizen’s ability to control himself was limited due to several stress factors. - Eye Witness News website

See also :
Police let ex-colleague down, says lawyer - 14 November 2008
Marius van der Westhuizen, a former police officer from Brackenfell, Cape Town, who shot his three children, was a good person who was failed by the police system, because he did not get psychological care for post-traumatic stress, his lawyer Milton de la Harpe told the Cape High Court. - IOL website
[InfoUpdate 32 of 2008]

Embattled millionaire hits hard times? - 3 August
Cape Town multi-millionaire Gary van der Merwe is applying for Legal Aid, a service reserved for indigent people. The owner of the Huey helicopter operation in Cape Town and director in a number of companies said he could no longer pay his legal team, including a senior counsel, in his fraud case and ended its mandate. - IOL website

See also :
Court grounds helicopter sale - 29 April 2009
The High Court has stopped controversial city businessman Gary van der Merwe from selling helicopters and helicopter parts, worth an estimated R50-million, to the highest bidder at public auction. The order was granted by the Western Cape High Court to halt the auction on Tuesday morning after lawyers for Swiss businessman Arnoldo Lascala filed an urgent application last week when their client became aware the items at auction had not yet been paid for. - IOL website
[InfoUpdate 10 of 2009]

Another blow for Glenister - 4 August
In a further legal blow to his championing of the Scorpions Hugh Glenister has been denied leave to appeal against the dismissal of his application last year to interdict and restrain MPs from voting on legislation to disband the now disbanded elite crime fighting unit. He has, however, been granted leave to appeal against a costs order made against him. - IOL website

Celebrity chef declared bankrupt in South Africa - 7 August
Controversial celebrity chef Conrad Gallagher, who has been back in Dublin for the past month, has been declared bankrupt by the Western Cape High Court in South Africa, following an application by two companies seeking payment of debts. Mr Gallagher owes almost €200 000 to two main creditors, the Absa bank and Mac Brothers Catering Equipment. Debts relate to the sale and delivery of equipment to his Cape Town restaurant, the Geisha Wok and Noodle Bar and four cafes. The 38-year-old chef from Letterkenny, Co Donegal, is also being investigated by the South African department of labour for allegedly failing to register his employees with a mandatory unemployment insurance fund. - Irish Times website

I'll be back, says celeb chef - 14 August
Debt-laden Michelin-starred celebrity chef Conrad Gallagher insists he will return to South Africa to face the music. The Irish TV chef, who has been living in South Africa for the past six years, was sequestrated by the Western Cape High Court last week. The Times reported that Gallagher, 38, was job hunting in Ireland's capital, Dublin, where he has been staying for the past two months with his wife, former Port Elizabeth model Candice Coetzee, and their two children. He owes about R1.8-million to Absa Bank and about R300 000 to a Cape Town catering equipment company - among other debts. - The Times website

It's a conspiracy, says sex-accused Lifman - 9 August
Wealthy Cape Town businessman Mark Lifman not only denies having sexual relations with boys under the age of 16, but is also alleging he is the victim of a campaign by the Scorpions to prosecute him. Lifman's attorney William Booth last week called two witnesses in his client's defence on sexual offences charges, who told the court they had been threatened or influenced by the Scorpions investigator on the case to testify against Lifman. - IOL website

Pupil sues after skull fractured - 13 August
Three years ago Donovan Dolf, then 12, sustained severe head injuries when a fellow pupil allegedly assaulted him with a cricket stump in the playground of Winsley Primary School in Bellville. Now his father, Ernest Conning, is suing the Western Cape Education MEC, the alleged attacker's father and Winsley Primary School for R400 000 in damages. - IOL website

MPs hire new lawyers amid housing furore - 12 August
Two COPE parliamentarians who face eviction from a Cape Town parliamentary village have rejected an offer to settle out of court with Public Works and have got themselves new attorneys. - IOL website

COPE members awaiting judgement on eviction - 13 August
Two Congress of the People officials will learn next week if they are to vacate their homes at a parliamentary village. Dennis Bloem and Bishop Tolo appeared in the Western Cape High Court on Wednesday where they are fighting their looming eviction. The Public Works Ministry issued the two men with eviction notices last month. It said COPE MPs were allocated other homes. - Eye Witness News website

Judge's death : unanswered questions remain - 13 August
Despite a post-mortem report having been completed, police have requested further tests to pinpoint how Judge Patrick Maqubela died. When Maqubela's body was found in his Bantry Bay residence on June 7 police initially suspected he had died of a heart attack but had then started investigating a murder. He was an acting judge in the Western Cape High Court. - IOL website

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