
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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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 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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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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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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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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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 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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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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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 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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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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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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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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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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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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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 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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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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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 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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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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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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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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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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