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

4 September 2009

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

InfoUpdate 19 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

KwaZulu-Natal High Court : Pietermaritzburg (previously Natal Provincial Division) http://www.saflii.org.za/za/cases/ZAKZPHC/ ; Court rolls via http://www.lawlibrary.co.za/notice/highcourts/index.htm and http://www.saflii.org/blog/?page_id=190

14 August 2009
AR 258/2009 [2009] ZAKZPHC 35
JNC Helicopters CC v Civair Helicopters CC

13 August 2009
5945/09 [2009] ZAKZPHC 38
Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others

7 August 2009
4026/2003 [2009] ZAKZPHC 33
Sonny and Another v Premier of the Province of Kwazulu-Natal and Another

6 August 2009
AR 460/07 [2009] ZAKZPHC 37
Karrim v S

5 August 2009
AR 179/06 [2009] ZAKZPHC 36
Mkhize v S

31 July 2009
8051/06 [2009] ZAKZPHC 32
Ngema v Road Accident Fund

16 July 2009
8652/2008 [2009] ZAKZPHC 34
Zuma and Others v S

Brothers jailed for killing stepfather - 14 August
Two brothers from Howick in KwaZulu-Natal who killed their stepfather because he repeatedly assaulted their mother were jailed for 15 years by the Pietermaritzburg High Court on Friday. Inkanyezi Shelembe, 24, and Philani Shelembe, 19, admitted to murdering their stepfather Sansom Mbanjwa while he was asleep in June this year. They stole his firearm and Inkanyezi shot him three times. Mbanjwa once assaulted their mother so badly that she was placed in hospital, the court heard. Acting Judge Kobus Booyens found that their guilty plea indicated remorse. - IOL website

Language board backs deaf pupil - 18 August
The language board has thrown its weight behind the KwaZulu-Natal pupil who is taking the department of education to court to declare sign language an official examination subject. "The Pan South African Language Board (PanSALB) will be taking a key interest in the case involving Kyle Springate, who is due to go back to the Pietermaritzburg High Court tomorrow (Wednesday)," said the board's chairperson Professor Sihawu Ngubane. - IOL website

Deaf pupil withdraws sign language petition - 19 August
A deaf KwaZulu-Natal matric pupil has withdrawn his court bid to force the education department to allow him to use sign language in his exams, the Pietermaritzburg High Court heard on Wednesday. Kyle Springate of Westville Boys High in Durban will, however, continue with his second application to have sign language declared an official matric subject. - IOL website

Affair costs woman R75 000 - 21 August
Her seven-year love affair with a married man will cost Kamini Greadie R75 000 in addition to all the legal costs incurred by her and her former lover's ex-wife, Kamintha Gounder. Greadie was not present when judgment was handed down in the KwaZulu-Natal High Court in Pietermaritzburg on Thursday. - The Witness website

Woman in adultery case must pay damages - 21 August
A strong message was sent out to all those thinking of engaging in adulterous relationships when a woman won R75 000 in damages from her ex-husband's lover. In October 2006, Kamintha Gounder of Pietermaritzburg sued Kamini Greadie for having an affair with her husband, Anand. She was awarded R75 000 at that time, the highest award in South Africa obtained against someone who broke up a marriage. The order was later rescinded. - IOL website

'He continues to make me feel guilty' - 23 August
The woman who has to pay her lover's wife R75 000 has denied enticing the man, alleging instead he made her life a "living hell" when she tried to leave him. - IOL website

Court gives Mbangwa a chance - 24 August
Leon Mbangwa, the KwaZulu-Natal Department of Health official whose nationality is being questioned, is safe from deportation - at least for now. On Friday he sought an urgent interdict against the Department of Home Affairs which had threatened him with deportation or imprisonment if he did not return to his country of origin, Zimbabwe, by August 31. The Pietermaritzburg High Court allowed the matter to be reviewed and granted him rights to remain in the country while the review was being finalised. - IOL website

Sentence for tax fraud 'too lenient' - 27 August
The state has appealed to the high court in Pietermaritzburg to increase a non-custodial sentence imposed on a Durban-based former medical doctor, Imran Hassim who pleaded guilty in August last year to 13 counts of VAT and income tax fraud totalling R3,9 million. Durban regional magistrate Fariedha Mohammed imposed a 10-year suspended jail sentence on Hassim on condition that he does not commit similar offences, repaid the SA Revenue Service (SARS) a total of R1,5 million in instalments by the end of May this year, and performs 1 000 hours of community service at a hospital dealing with HIV in Durban. State advocate Meera Naidu submitted to judges Pete Koen and Anton van Zyl that the sentence failed to take into account a number of aggravating factors. - The Witness website

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