Supreme Court allows City of Cape Town to reveal Sanral's e-tolling secrets

Posted 31 March 2015

The Supreme Court of Appeal has ruled that court files are open to the public, reinforcing the Constitutional Court's view that proper reporting on court proceedings was vital in promoting open justice and accurate public knowledge of the justice system. 

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Better to mediate than to litigate

Posted 11 March 2015

Litigation is expensive and, by its nature, adversarial. The justice system will soon be able to offer court-based mediation as an alternative method of dispute resolution, where opposing parties will be encouraged to find one point of common agreement, rather than multiple points of disagreement.

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Eskom hit by R600m law suit over pensions and funeral cover

Posted 15 December 2014

Eskom has been hit with a R600m law sui8t by two firms claiming the state power utility unlawfully terminated pension and funeral cover policies for its employees.

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Steel group loses court battle over environmental documents

Posted 27 November 2014

The Supreme Court of Appeal in a scathing judgment has ordered ArcelorMittal SA to hand over documents to an environmental group concerned with monitoring environmental practices by private companies. This case has wide implications for business in South Africa.

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Hofmeyr takes puppet master to court in Twitter war

Posted 24 November 2014

Two entertainers - Steve Hofmeyr and puppet master Chester Missing - will battle it out in court this week over accusations of racism. This is thought to be the first time a puppet has been cited in court papers.

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Eskom moves to prevent jail time for executives

Posted 10 November 2014

Westinghouse is asking the North Gauteng High Court to jail two Eskom executives for failure to hand over documents relating to a R4,3 billion tneder at the Koeberg nuclear power station. Eskom is fighting back, claiming this is a "gross abuse of the court process."

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Masipa's Pistorius judgment places judicial error in the spotlight

Posted 01 October 2014

Judge Thokozile Masipa has been the subject of ferocious attacks over her culpable homicide verdict in the Oscar Pistorius trial. This has placed the subject of judicial error under the spotlight, writes Trudi Makhaya. 

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BDS South Africa wins freedom of expression case

Posted 24 September 2014

BDS South Africa recently won a freedom of expression case against the City of Johannesburg and Continental Outdoor Media after its pro-Palestinian billboards were removed without notice, apparently following pressure from the Israel lobby. 

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Discovery's wriggle backfires

Posted 21 September 2014

Insurance giant Discovery was ordered by the High Court in Johannesburg to pay the partner of murdered business tycoon Jeff Wiggill R11,5 million last month. Discovery had argued that Wiggill was involved in unlawful activities and there were suspicions that his murder may have been an assisted suicide.

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Brakspear trial showcases a broken judicial system

Posted 28 August 2014

Ian Brakspear's trial came to a close last week in the Durban High Court. There were accusations of a forged court order that was used to liquidate his company, West Dunes, and lengthy argument on whether the case was actually heard by a judge. Points were scored by both sides, but overall, it was a shocking display of South African justice at work.

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Class action suits make a debut in SA

Posted 11 August 2014

Class action suits are a rarity in SA, but that appears to be changing. Two recent class action suits - one involving the so-called "Satinsky R699 a month car scheme" and another being brought by Transnet pensioners against their pension fund - have changed the litigation landscape.

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Brakspear wins crucial skirmish in Durban

Posted 26 June 2014

Ian Brakspear won a crucial skirmish in the Durban High Court yesterday when the Judge President set down his case for August and offered to bring in a judge from outside the province. Brakspear claims he was liquidated on the basis of a forgery and a fictitious R7 million loan.

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Road agency to appear in court over fine collections

Posted 24 June 2014

The Road Traffic Infringement Agency is being hauled before the court because it is alleged to have failed to follow the correct procedure in claiming road fines. Without receipt of a registered letter, the agency cannot enforce a fine, according to Fines 4U, which is bringing the action.

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Police to open criminal complaint against attorney involved in Brakspear liquidation

Posted 17 June 2014

The family of Ian Brakspear are filing a criminal complaint with the Hawks against one of the ENS attorneys accused of involvement in a fraudulent liquidation of the family business in 2008. Meanwhile, the Brakspear case is due to be heard before the Durban High Court in August.

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R1 million offered for fraud information in Durban court case

Posted 31 March 2014

A R1 million reward is being offered by a judicial rights group for information relating to the alleged forgery of a signature on a liquidation order that resulted in Durban businessman Ian Brakspear losing his business in 2008. The reward has apparently set the Durban High Court alight with intrigue.

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I was liquidated over a fictitious R7 million loan, says Durban businessman

Posted 13 February 2014

In what must rank as one of the most bizarre legal cases in recent times, Durban businessman Ian Brakspear had his business liquidated in 2009 over a R7 million loan he says he neither asked for nor received. Ciaran Ryan investigates and finds forged signatures, missing files and more.

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What would happen if the State's monopoly on law was removed?

Posted 13 January 2014

German anarcho-libertarian Herman Hans-Hoppe believes peace and prosperity would be inevitable if only we were to end the State's monopoly on administering the law. And he provides a few interesting historical precedents where this actually happened.

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Public Protector in fire fight with security ministries over Nkandla

Posted 15 November 2013

Public Protector Advocate Thuli Madonsela says her team was frustrated and obstructed in their investigations into the R206 million Nkandla estate, built for President Jacob Zuma. The story played out this week in the courts and in the press. 

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Judiciary under attack from the ruling party, but holding firm

Posted 21 October 2013

Dr Anthea Jeffery, head of special projects at the SA Institute for Race Relations, argues that South Africa's constitutional guarantees are being eroded by the ruling party, and new threats have appeared on the horizon.
 

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Afriforum wins compensation over Zimbabwe land grab

Posted 17 September 2013

Lobby group Afriforum has won a landmark case in South Africa against the Zimbabwean government, winning compensation for Zimbabwean farmers dispossessed during the infamous land seizures. This opens the door to further legal action, says Afriforum.

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The politics of faeces

Posted 11 September 2013

The DA has tried to get the police in the Western Cape to round up the ANC Youth League "poo chuckers" who have vowed to make the province ungovernable. The police have been derelict in dealing with what is clearly a criminal - not a political - matter.   

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DA criticises Legal Practice Bill for "fusing" attorneys and advocates

Posted 04 September 2013

The Legal Practice Bill, which creates a unified legal council for both advocates and attorneys, has been attacked by the Democratic Alliance as "fusion by stealth". This bill seems likely to be challenged in court should it pass in its present form. 

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Move to impeach the Chief Justice

Posted 03 September 2013

Paul Hoffman SC of the Institute of Accountability in Southern Africa has filed a complaint of gross misconduct against the Chief Justice of South Africa, Mogoeng Mogoeng, over what is alleged are racist and sexist remarks that could lead to his impeachment.

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High courts to be created in all 9 provinces, DNA bill tabled

Posted 20 August 2013

President Zuma has signed legislation paving the way for the creation of high courts in all nine provinces, while a bill has been tabled for the creation of a DNA database to fight crime. 

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Lawyers set up companies to tackle cases on risk

Posted 14 August 2013

The jury is out on whether it is ethically appropriate for lawyers to set up companies to take legal cases on risk and share in the spoils, as happened when Pretoria attorney Chris Schoeman and two partners took on a case for former Vodacom employee Nkosana Makate, who is claiming he came up with the "Please Call Me" idea that was adopted by Vodacom but never got paid for it.  

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