Latest news with #Children'sAct38
IOL News
6 days ago
- IOL News
JOSHLIN SMITH SENTENCING: Trio handed to life imprisonment for kidnapping and human trafficking
Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith, were found guilty on May 2 and have been sentenced on Thursday. Image: Ayanda Ndamane In a significant ruling that underscores the brutal realities of crime in South Africa, Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith were sentenced to life imprisonment by the Western Cape High Court on Thursday for their involvement in the harrowing kidnapping of Joshlin Smith. Judge Nathan Erasmus presided over the case and delivered a clear message: there is no room for leniency in the face of such serious crimes. During the sentencing, Judge Erasmus highlighted that he could find no mitigating factors to justify a lesser sentence for the trio, who had shown a complete lack of remorse throughout the trial. 'Ms Smith, we know from February 19, 2024, there has been a lack of concern. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading But, besides some tears yesterday, you have not shown an indication of remorse,' Erasmus remarked. He further asserted that a sentence of imprisonment was the only appropriate response to their transgressions. The judge acknowledged that substances had influenced the defendants during the commission of their crimes. However, he decisively ruled that this could not serve as an excuse for their brutal actions. "You had enough time to speak and come clean," he stated firmly, emphasising the premeditation involved in their actions. A major aspect of the prosecution's case involved a request to add the names of the three criminals to the National Child Protection Register (CPR). This crucial register, maintained by the Western Cape Government in accordance with the Children's Act 38 of 2005, aims to protect children from abuse and neglect. Part A records reported cases, while Part B lists individuals deemed unsuitable to work with minors. Judge Erasmus obliged, reinforcing the importance of safeguarding the vulnerable. For their roles in the kidnapping, each perpetrator received a concurrent 10-year sentence. However, given the severity of their actions, which included human trafficking, they will serve life behind bars—an outcome that advocates hope will serve as a deterrent against similar crimes. The case has sparked widespread discussions on the pressing issue of human trafficking and child safety in South Africa. As communities reflect on this harrowing event, many seek justice and solutions to prevent future occurrences. The sentences are to run concurrently. IOL
The Citizen
27-05-2025
- The Citizen
Protection of children a priority for Uthando House in Masoyi
Uthando House is a facility at the forefront of providing care, support and safe spaces for vulnerable children. This orphanage advocates for National Child Protection Week, commemorated annually from May 29 to June 5, to raise awareness of children's rights as articulated in the Children's Act 38 of 2005. This year's theme is 'Working together in ending violence against children'. As the country comes together to raise awareness about child protection, the manager of Uthando House, Tracy Malope, said their efforts serve as a shining example of the impact that can be made when individuals and organisations work together to protect and care for vulnerable children. The shelter houses 28 children, providing them with a nurturing environment and protection from harm. It is dedicated to ensuring the children's physical, emotional and psychological well-being. Malope said she works closely with social workers and police officers to educate the children about their rights and protect them from abuse and exploitation. ALSO READ: KaBokweni muso follows father's footsteps as a DJ 'We do our utmost best to ensure that our children are safe by accompanying them to school and back. We mostly accept children brought in by the police or social workers,' she said. The Department of Sport, Arts and Culture has urged caregivers and parents to actively monitor and guide their children's online activities and also keep them safe all the time. The department shared some tips on how to protect children online, stating that children must be taught to safeguard personal information and avoid sharing private details, images or locations online. ALSO READ: University of Mpumalanga produces first-ever PhD graduate in its history • Parents and guardians should use parental controls and regularly update privacy settings on all devices • Cellphones are tools, not toys; parents should set boundaries and promote offline activities • Check your child's contacts and social media regularly. Monitor the apps your child downloads and uses • Encourage children to speak openly about their online experiences and report suspicious content or behaviour. The Department of Social Development encourages the community to report any rights infringement or abuse against children. ALSO READ: Entries open for Game Lifestyle Awards 2025 This can be done via the following channels: • Call the toll-free number on 0800 428 428 (0800 GBV GBV) to speak to a social worker for assistance and counselling • Callers can also request a social worker from a command centre to contact them by dialling *120*7867# (free) from any cellphone • Help can be reached from Childline South Africa via 116 and Child Welfare South Africa via 011 452 4110 or email: info@ At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Star
17-05-2025
- The Star
LPC tribunal finds ‘prima facie evidence' against attorney Kaamilah Paulse
In a significant ruling, the Appeals Tribunal of the Legal Practice Council (LPC) has upheld a misconduct complaint brought by Johannesburg-based father, Asif Casoojee, against attorney Kaamilah Paulse of Herold Gie Attorneys. Casoojee has been locked in a four-year legal battle with his former spouse over access to their two children. Paulse represents his spouse. Casoojee reported Paulse to the LPC, accusing her of dishonesty, unethical and dishonest conduct, including orchestrating parental alienation, misusing the Protection from Harassment Act, and unlawfully interfering in his private and professional affairs. The case not only raises serious questions about the conduct of legal professionals in family law matters but also highlights the ongoing challenges faced by fathers in the South African legal system when fighting for contact with their children. In its findings delivered on 13 March 2025, the Appeals Tribunal found that Casoojee had presented prima facie evidence of misconduct on both counts raised in his appeal. Casoojee 's first charge related to a final protection order obtained by Paulse against him in her capacity. According to the Tribunal's report, the order was granted in his absence, allegedly due to defective service of the interim order, which had neither been delivered by SAPS as required nor included a return date. The second charge was more serious: a conflict of interest and interference in the parental relationship between Casoojee and his children. The tribunal said it found prima facie proof of Paulse's involvement in restricting Casoogee's access to his children's school, records, and communication, stating that her actions amounted to 'parental alienation'. The tribunal also flagged her alleged use of unlawfully obtained financial records and her participation in a private WhatsApp group discussing confidential details of Casoojee's company. The Appeals Tribunal, chaired by Advocate Sonja Lötter, was critical of Paulse's failure to address key concerns. ''This is not an answer to the evidence that the complainant has presented,' the tribunal said, adding that the children's best interests were not prioritised in any of the extensive litigation between the parties since 2021. The LPC reaffirmed the duty of attorneys to uphold the constitutional principle of the best interests of the child, as enshrined in the Children's Act 38 of 2005. 'Attorneys should not approach each case as if it were a war between litigants,' the tribunal stated, citing Judge Peter Mabuse, who warned that court rules must not be used 'as weapons in a battle to annihilate the opposing party'. The case underscores broader systemic issues. Although South African law grants both parents equal rights and responsibilities, many fathers report feeling marginalised in the family law system. 'There is often an unspoken bias that assumes the mother is always the better caregiver,' says family law expert Adv Lesedi Mokoena. 'But that is not the law, and it's not always what's in the best interests of the child.' Casoojee , who is currently applying to the High Court to compel Paulse's removal from the case due to a conflict of interest, asserts that his fight is about more than personal justice. 'This case is about setting a precedent. Our children deserve better than to be used as pawns in legal warfare.' On Thursday, Herold Gie Attorneys wrote to The Star , demanding that the paper not publish the story. In the letter, the law firm said: 'We strongly disagree with the decision of the LPC Appeals Tribunal to refer the matter back to the Disciplinary Committee. ''While the decision has been made, it should be noted that no final finding has been made regarding Ms Paulse. 'Ms Paulse will, when the matter is heard by the Disciplinary Committee, be challenging the complaint,' the letter reads. The matter is now expected to head back to the High Court, where the future of his relationship with his children may finally be resolved.
IOL News
15-05-2025
- IOL News
LPC tribunal finds ‘prima facie evidence' against attorney Kamillah Paulse
Asif Casoogee, who has been locked in a four-year legal battle with his former spouse over access to their two children. Asif Casoogee, who has been locked in a four-year legal battle with his former spouse over access to their two children. In a significant ruling, the Appeals Tribunal of the Legal Practice Council (LPC) has upheld a misconduct complaint brought by Johannesburg-based father, Asif Casoogee, against attorney Kamillah Paulse of Herold Gie Attorneys. The case not only raises serious questions about the conduct of legal professionals in family law matters but also highlights the ongoing challenges faced by fathers in the South African legal system when fighting for contact with their children. Asif Casoogee, who has been locked in a four-year legal battle with his former spouse over access to their two children, accused Paulse of unethical and dishonest conduct, including orchestrating parental alienation, misusing the Protection from Harassment Act, and unlawfully interfering in his private and professional affairs. In its findings delivered on 13 March 2025, the Appeals Tribunal found that Casoogee had presented prima facie evidence of misconduct on both counts raised in his appeal. Casoogee's first charge related to a final protection order obtained by Paulse against him in her capacity. According to the Tribunal's report, the order was granted in his absence, allegedly due to defective service of the interim order, which had neither been delivered by SAPS as required nor included a return date. The second charge was more serious: a conflict of interest and interference in the parental relationship between Casoogee and his children. The Tribunal found prima facie proof of Paulse's involvement in restricting Casoogee's access to his children's school, records, and communication, stating that her actions amounted to 'parental alienation'. The Tribunal also flagged her alleged use of unlawfully obtained financial records and her participation in a private WhatsApp group discussing confidential details of Casoogee's company. The Appeals Tribunal, chaired by Advocate Sonja Lötter, was critical of Paulse's failure to address key concerns. 'This is not an answer to the evidence that the Complainant has presented,' the Tribunal said, adding that the children's best interests were not prioritised in any of the extensive litigation between the parties since 2021. The LPC reaffirmed the duty of attorneys to uphold the constitutional principle of the best interests of the child, as enshrined in the Children's Act 38 of 2005. 'Attorneys should not approach each case as if it were a war between litigants,' the Tribunal stated, citing Judge Peter Mabuse, who warned that court rules must not be used 'as weapons in a battle to annihilate the opposing party.'The case underscores broader systemic issues. Although South African law grants both parents equal rights and responsibilities, many fathers report feeling marginalised in the family law system. 'There is often an unspoken bias that assumes the mother is always the better caregiver,' says family law expert Adv. Lesedi Mokoena. 'But that is not the law, and it's not always what's in the best interests of the child.'Casoogee, who is now applying to the High Court to compel Paulse's removal from the case due to a conflict of interest, says his fight is about more than personal justice. 'This case is about setting a precedent. Our children deserve better than to be used as pawns in legal warfare.'The matter is now expected to head back to the High Court, where the future of his relationship with his children may finally be resolved.
