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

Magistrates Courts

Magistrates court services extended to equality cases - 28 August
Justice and Constitutional Development Minister Jeff Radebe officially launched the extension of magistrate court services to also handle equality cases. "The designation of these services to the magistrates courts, demonstrate the government's resolve to provide all necessary protection and remedies to all victims of unfair discrimination, hate speech, and harassment," said the department in a statement. The Equality Court serves as a mechanism through which those who have been discriminated against on the grounds of, among others, race, gender, age and religion can voice their complaints. - BuaNews Online website

Bellville

Kidnap accused may enter plea bargain - 4 September
The Mfuleni woman alleged to have kidnapped baby BZ Ncumani from Tygerberg Hospital when he was two weeks old may negotiate a plea bargain. Prosecutor Herculine Swart on Thursday told the Bellville Magistrate's Court 31-year-old Bulelwa Xeza's attorney had indicated he would discuss a "possible" plea agreement with the State. Xeza faces a charge of kidnapping a minor after baby BZ, now named Siphesihle, disappeared from the maternity ward of the hospital on July 24. - IOL website

Johannesburg

Motata found guilty of drunken driving - 2 September
Pretoria High Court Judge Nkola Motata was found guilty of drunken driving by the Johannesburg Magistrate's Court on Wednesday. "I find that you were under the influence of an intoxicating liquor at the time of a crash into a wall", said Magistrate Desmond Nair. The case, which has spanned two years, relates to an incident in January 2007 when Motata crashed his Jaguar into the wall of a Hurlingham property, north of Johannesburg. - Mail & Guardian website

Evidence proof Motata was drunk - 2 September
The magistrate in North Gauteng High Court Judge Nkola Motata’s drunk driving trial says the judge’s laboured speech, physical and mental impairment on the night he crashed his car point to him being drunk. - Eye Witness News website

Motata threatens photographer at trial - 2 September
Judge Nkola Motata threatened to punch a photographer during the tea break of his drunk driving trial today. "I'll punch you. You have to ask for permission. You do not just do your own things", Motata told the photographer who was trying to take his picture. Motata's advocate told the Johannesburg Magistrate's Court that the constant clicking of the cameras amounted to harassment of the accused. - The Times website

Motata's job on the line? - 2 September
Judge Nkola Motata must be removed from the bench, the civil rights group AfriForum said on Wednesday after a Johannesburg magistrate found him guilty of drinking and driving. - IOL website

Haikona Motata (III) - 2 September
Driving under the influence of  liquor is a rather serious matter – especially if you are so drunk (after drinking one cup of "tea" too many) that you reverse your car through someone's garden wall. Even the Judicial Services Commission (JSC) must surely agree that it constitutes a breach of the ethics guidelines for judges when a judge is convicted of drunken driving. This means that Judge Nkola Motata of the North Gauteng High Court must be in serious trouble. - Pierre de Vos on the Constitutionally Speaking blog

Law Society wants JSC to review judge's fate - 3 September
Judge Nkoli Motata's drink-driving conviction has sparked concern from the Law Society of South Africa, which thinks his fate should be automatically reviewed by the Judicial Service Commission (JSC). Legal expert Professor Shadrack Gutto has, however, expressed scepticism that the JSC can deal with the Motata matter, especially after the JSC cleared Cape Judge President John Hlophe off all charges. - IOL website

JSC may revisit Motata complaints - 4 September
The Judicial Service Commission (JSC) says it might look at the complaints lodged against convicted Pretoria High Court Judge Nkola Motata when it convenes in its scheduled meeting next month. - Business Day website

Man accused of racism continues civil action - 3 September
The man whose property Judge Nkola Motata damaged says he will be pushing forward with his legal bid against several organisations and individuals including the  Johannesburg  metro police after he was labeled a racist. Richard Baird said while he was happy Motata was convicted of drunk driving on Wednesday, he was angry about allegations he called Motata the k-word. The North Gauteng High Court judge crashed into the perimeter wall of Baird’s Hurlingham property in 2007. - Eye Witness News website

Pietermaritzburg

No bail for alleged killers - 27 August
Four people accused of a Pietermaritzburg professor's murder were denied bail by the Pietermaritzburg Magistrate's Court on Thursday. Five people are currently before court for the murder of Professor Samuel Zondi, 72, who was found murdered in his flat in February this year. Four applied for bail. Detective Inspector Derek Coetzee told the court that if the four were released on bail they might harm their co-accused who had turned state witness, Gugu Ndlovu , 34, and other witnesses in the matter. - IOL website

Witnesses 'express fears' : prof's alleged killers denied bail - 28 August
The alleged killers of retired university professor Samuel Zondi were yesterday denied bail by Pietermaritzburg magistrate Paul van Dongen, who ruled there appears to be a strong case against them. - Witness website

Pretoria

Race put forward as reason for prosecution - 1 September
The Pretoria Magistrate's Court on Monday heard a taxi driver accused of murder is only being prosecuted because he is black. Percy Matji was initially charged with culpable homicide but this was later changed to murder after he allegedly knocked Bernadine Kruger off her scooter earlier this year. During final arguments, Matji's lawyer told the court the prosecution had a racial agenda because all the state’s witnesses were white. - Eye Witness News website

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