Attorney ordered to pay R500,000 for false assault charges against colleague
Image: File picture
An attorney's actions by laying false charges of assault against a colleague at the same law firm where she is based, causing him to spend several days in custody under harrowing conditions, will cost her R500,000.
The Gauteng High Court, Johannesburg, did not only order Sameera Malekjee to pay her colleague, Christopher Jukes, this amount in damages for defamation, but it was also directed that a copy of this judgment be sent to the Legal Practice Council.
Acting Judge Nigel Redman said: 'The defendant (Malekjee) is an attorney and an officer of this court. The defendant appears to have abused the criminal justice system for her own ends.'
The judge added that making a false and malicious complaint to the police is reprehensible.
'The defendant's conduct is of great concern and may have to be dealt with by the Legal Practice Council.'
Jukes claimed R1.5 million for the humiliation and hardship he had to endure. He is said to be a successful attorney who has been practising in Benoni for approximately 14 years. He is currently a partner of the firm Jukes Malekjee.
He told the court that in July last year, the defendant reported a case of assault with intent to do grievous bodily harm against him. In an affidavit to the SAPS, she claimed Jukes had stabbed her in the left leg the previous day.
Her allegations included that Jukes stabbed her with a glass on her 'left toe's whole toenail completely came out (sic).' She further claimed that he called her a b**** and that he threatened to shoot her. She demanded that the matter be investigated and added that he 'must face the full might of the law' (sic).
Two months prior to laying the complaint with the police, the defendant had verbally threatened to injure herself and lay a criminal charge against the plaintiff accusing him of assault. This threat was recorded by the plaintiff on his cellphone.
The complaint to the police was also preceded by WhatsApp messages being exchanged between the plaintiff and the defendant. In these messages, the defendant had threatened the plaintiff with false criminal charges and she threatened that she would take steps to ensure that he lost his licence as an attorney if he did not comply with her demands.
While she accused him of physical assault, threatening behaviour, and abuse, the plaintiff provided evidence that this did not occur. Malekjee, on the other hand, did not defend herself in court.
Resulting from the false complaint, Jukes was arrested at his offices in front of witnesses, including a candidate attorney and the owner of the neighbouring property. He was incarcerated for eight days at Modderbee Prison.
He told the court of his hardships there, where he was forced to sleep on a concrete floor without blankets, a mattress, or a pillow, and required to use an open toilet and shower in front of other prisoners.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
a minute ago
- The South African
Surprising twist to 'bloody' severed hands found in KZN
A newspaper delivery staffer found a pair of severed human-like hands, cut at the forearms, wrapped in a blood-stained white cloth on Oregan Street in Trenance Park, Verulam. The staff member discovered them near the boundary wall of a primary school and alerted Reaction Unit South Africa (RUSA). The witness said the objects appeared to be either animal or human body parts. When RUSA officers arrived, they confirmed the limbs looked like severed human hands. Officers also found what appeared to be an animal tongue nearby. The scene was close to a busy residential area, which heightened public alarm. RUSA cordoned off the area and secured the scene while searching the surroundings for a possible body or other remains. They carefully packaged the hands and handed control of the scene to the South African Police Service (SAPS) from Verulam. SAPS transported the hands to the eThekwini District Medico Legal Mortuary for analysis. The Medico Legal Laboratory in Phoenix later confirmed that the severed hands were not human remains but realistic rubber props designed to look like body parts. Should people face consequences for leaving realistic fake body parts in public and scaring others? Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
a minute ago
- The Citizen
Co-ordinated raids across iLembe recover illegal guns and drugs
Guns, drugs and criminals were taken off iLembe's streets last week in a string of co-ordinated police raids. The operations, led by iLembe District police and supported by specialised units, targeted hotspots in several policing precincts and resulted in significant seizures of illegal firearms and narcotics. On Tuesday, August 5, a 26-year-old man was arrested in the Glendale policing precinct after being found with a Norinco pistol with its serial number filed off, along with five live rounds of ammunition. Police intercepted the taxi he was travelling in shortly after he left a local tavern. He has been charged with possession of an unlicensed firearm and unlawful possession of ammunition, and has already appeared in the KwaDukuza Magistrates' Court, where he was remanded in custody. Two days later, on Thursday, a joint anti-drug operation in the KwaDukuza and Umhlali precincts led to the arrest of three men, aged between 25 and 57. In KwaDukuza, a 39-year-old was found with eight mandrax tablets, while a 57-year-old was caught with 19 pieces of rock cocaine and 15 sachets of crystal meth. In the Umhlali precinct, a 25-year-old was arrested after police discovered seven sachets of crystal meth in his possession. All three will appear in court soon. On Friday, August 8, the iLembe District Tactical Response Team (TRT) moved into the Nsuze policing precinct, arresting two men, aged 42 and 32, at separate homes in Chibini. Both were found in possession of 9mm pistols with serial numbers filed off, along with live ammunition. The older man had 15 rounds, while the younger had six. Both appeared in the Nsuze Court on firearm-related charges. The week's operations concluded on Sunday, August 10, when a 25-year-old man attempted to evade a police vehicle checkpoint in Maphumulo. After a brief chase, police found him trying to conceal his vehicle in nearby bushes. He was caught with an unlicensed firearm and six live rounds of ammunition and will soon appear in the Maphumulo Magistrates' Court. Stay in the loop with The North Coast Courier on Facebook, X, Instagram & YouTube for the latest news. Mobile users can join our WhatsApp Broadcast Service here, or if you're on desktop, scan the QR code below.
TimesLIVE
10 hours ago
- TimesLIVE
Former rugby player fined for failing to submit tax returns
The Paarl magistrate's court has fined former Springbok rugby player Schalk Burger Sr and his company Welbedacht Wines for failing to submit VAT, pay-as-you-earn (PAYE) and income tax returns. The court fined the company R6,000 on each count of failing to submit a VAT201 return for February 2023 and a monthly employer declaration return for March 2023. Burger, 69, was convicted on 14 counts, which included failure to submit a VAT201 return for February 2023, a monthly employer declaration (EMP201) return for March2023 and IT12 income tax returns for the period 2011 to 2022. He was fined R6,000 or 12 months imprisonment on each count, of which R2,000 or four months imprisonment was suspended for five years. 'This amounts to a payable fine of R56,000, or 112 months imprisonment and a further R28,000 or 56 months imprisonment suspended for five years on specific conditions,' National Prosecuting Authority spokesperson Eric Ntabazalila said. Burger successfully requested the court to grant him a deferred fine and was ordered to pay the R56,000 in instalments of R6,000 per month and a final payment of R8,000. The accused entered into a plea and sentence agreement with the state. The court confirmed the agreement and convicted and sentenced him accordingly. According to the agreement, Burger admitted that Welbedacht Wines was registered for VAT and PAYE at the Paarl office of the South African Revenue Services. Burger failed to submit the returns on behalf of the company. In addition, Burger, in his personal capacity, was registered for income tax at the Paarl Sars office . 'Following his successful registration for e-filing in 2011, he failed to submit his IT12 income tax returns for the tax years of 2011 to 2022. This was despite Sars' best efforts to encourage all taxpayers to submit their income tax returns.' It was only after the institution of a prosecution and his being summoned to appear in court that he submitted all outstanding returns relating to himself and his company, and both are currently tax compliant. 'The accused's son, Christiaan Francois Burger, was on July 21 also convicted and sentenced on 12 counts of failing to submit his IT12 personal income tax returns for the 2011 to 2022 period.' The 40-year-old was sentenced to a fine of R48,000 or 96 months imprisonment, and a further R24,000 or 48 months imprisonment, suspended for five years on conditions. The NPA said the sentence sent a strong message of deterrence. 'With the filing season for income tax currently under way, this is a clear message that failure by persons and juristic persons to file their Income Tax returns will not be tolerated. It is a serious offence that impacts negatively on the fiscus,' he said.
