Latest news with #GautengHighCourt
The Citizen
18 hours ago
- The Citizen
Kishene Chetty application to combine criminal matters dismissed
Chetty and his co-accused appeared in the Gauteng High Court sitting in Pretoria. Businessman Kishene Chetty and his co-accused have been dealt a significant blow after their application to consolidate several cases of fraud, forgery, money laundering, and other charges of dishonesty was struck off the roll with costs. Chetty and his co-accused appeared in the Gauteng High Court sitting in Pretoria on Monday. The matter pertains to the procurement of toners for the South African Police Service (SAPS) in the Mpumalanga and Eastern Cape provinces between 2015 and 2016, resulting in a loss of more than R800 000 to the police. Charges The NPA's Investigating Directorate Against Corruption (IDAC) spokesperson, Henry Mamothame, said Chetty and his accused wanted the charges consolidated, arguing that the charges in all the cases were similar. 'Counsel for the NPA's Investigating Directorate Against Corruption objected when the legal representatives of Chetty and others attempted to hand in four new lever arch files , which were not provided to the court and the state in preparation for the hearing. 'The state argued that in law, an applicant can file a supplementary only if they obtain leave to do so from a court, following a substantive application,' Mamothame said. ALSO READ: PPE tender fraud and corruption case against Kishene Chetty postponed Criminal matter Mamothame said the judge also questioned if it was correct for a criminal matter to be presided over by a civil court. 'This outcome will provide progress in the cases that Chetty and his co-accused are facing, as they have been postponed pending this ruling'. R56m police vehicle branding fraud case Chetty and his co-accused are facing 456 charges, including racketeering, fraud, corruption, theft, forgery and money laundering. Among the accused are police officials who allegedly participated in the fraudulent tender process, as well as 22 companies and their directors. The former head of police supply chain management, Lieutenant General Ramahlapi Mokwena and three brigadiers are also among the accused in this matter. The matter stems from another R56 million tender fraud case, in which procurement documents were allegedly tampered with in a tender for the branding of police vehicles. Falsified quotations were allegedly provided to the South African Police Service. ALSO READ: R56m police vehicle branding fraud case set for pre-trial
IOL News
a day ago
- Politics
- IOL News
Mbeki and Mabandla argue for intervention in R167 million apartheid damages case
Advocates Ngwako Maenetje and Matthew Chaskalson during legal arguments in the Gauteng High Court, Pretoria, on Monday. Image: Zelda Venter Former president Thabo Mbeki and former Justice minister Brigitte Mabandla, in their application to intervene in the R167 million in constitutional damages litigation by families of victims of apartheid-era atrocities, argued that it is in the interests of justice that they be allowed to do so. The pair turned to the Gauteng High Court, Pretoria, on Monday, during which their counsel, Advocate Ngwako Maenetje SC, argued that it does not matter whether the damages case by the victims and families is not aimed at them. The outcome will still have an impact on them. Maenetje told Judge Anthony Millar that the court, which ultimately has to decide on the damages issue, will have to make factual findings, which could negatively impact the reputations of Mbeki and Mabandla. He said they need to put their version of events before the court, else the court will only have parts of the facts, which it will accept as the truth as there will be nothing before it to counter it. 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 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. Next Stay Close ✕ The court was told that their intervention is vital to protect their reputations. Mbeki and Mabandla claimed that their rights may be violated by the court's finding that they were involved in suppressing the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases. According to Mbeki and Mabandla, they are seeking to intervene because the relief sought by the families and the consequent claim for constitutional damages is founded on serious allegations of unconstitutional, unlawful, and criminal conduct by them during their respective tenures. Mbeki and Mabandla told the court they do not seek to intervene merely to set the record straight or out of concern that the court's findings may affect their reputations. 'Rather, we seek leave to intervene because the relief sought by the Calata applicants is expressly predicated on allegations of unlawful conduct purportedly committed by us (and other state officials) during our tenure; allegations which we intend to dispute,' they explained. Maenetje said they should be allowed to defend themselves, to which Judge Millar questioned whether it was not possible for them to simply put the facts they want before the court, in an affidavit issued on behalf of the government. But Maenetje said this is not possible, as there will be a conflict of interest. 'It is in the interest of justice that the court does not make a finding on part of the facts. All relevant information must be placed before it,' Maenetje argued. The Foundation for Human Rights and the applicants, meanwhile, argued that there is no case for intervention. Advocate Matthew Chaskalson SC told the court that the law is clear on this. He pointed out that Mbeki and Mabandla turned to the court in their individual capacities, as they no longer hold their previous offices. 'They are not affected by an order the court will issue in the constitutional damages case. They cannot merely intervene to dispute allegations made against them,' Chaskalson said. He added that if the court allowed them to intervene, it would cause chaos, as everyone who thinks they may be implicated in litigation would then try to intervene in that case. Chaskalson said if Mbeki wanted to set the record straight, there are other remedies open to him, such as the law of defamation. 'But you cannot just jump into a dispute that is not your dispute,' he argued. Judgment reserved.
The Citizen
2 days ago
- Health
- The Citizen
Gauteng health maintains court ‘misinterpreted law in waste tender matter
The matter involves a R526 million waste management disposal contract. The Gauteng Department of Health (GDoH) says it has consistently maintained that the Gauteng High Court misinterpreted the law and followed incorrect procedures in the multi-million rand waste tender The battle between Buhle Waste (Pty) LTD and the department started when the latter appointed and awarded the R526 million waste management disposal contract to Tshenolo Waste and Phuting Medical Waste Management in November 2023. SCA The matter headed to the Supreme Court of Appeal after Gauteng High Court Judge Ahmed Cajee ruled against Buhle Waste's case to interdict the department from proceeding with the R526 million water management tender and dismissed Buhle's leave to appeal. The SCA overturned the Gauteng High Court ruling on 30 November 2023, which had declared that the tender was invalid due to what it deemed an improper extension of the tender validity period. ALSO READ: Court grants Gauteng Health's appeal in the cancer treatment backlog case Judgment welcomed Gauteng health department spokesperson Motalatale Modiba said they welcome the judgment delivered by the SCA on 15 July 2025. 'The department has consistently maintained that the High Court misinterpreted the law and followed incorrect procedures, including the granting of relief not properly sought or requested from the court, which subsequently led to the setting aside of the tender. 'From the beginning, the GDoH expressed concern that the High Court had acted beyond the scope of the matter brought before it,' Modiba said. Ruling Modiba added that this position was communicated in the department's prior official statements on the matter released on 30 November 2023 and reaffirmed on 3 March 2024, following the department being granted leave to appeal the matter at the SCA. 'The Supreme Court of Appeal has now confirmed that the department's view, by issuing a finding on the matter that the High Court's decision was procedurally flawed and the matter was not ripe for adjudication. 'The appeal was upheld with costs, and the application by Buhle Waste was dismissed'. Modiba added that the ruling 'affirms the Gauteng Department of Health's commitment to due process, fairness, and the uninterrupted delivery of essential services, including the safe and consistent removal of medical waste across healthcare facilities in the province.' NOW READ: Prasa initiates probe into R18bn contracts after Hawks raid
IOL News
3 days ago
- Politics
- IOL News
Judgment reserved in AfriForum's fight against Tshwane's cleansing levy
Judgement was reserved in the City of Tshwane's waste removal levy dispute Image: Helenus Kruger / City of Tshwane Judgment has been reserved in AfriForum's legal battle against the Tshwane Metropolitan Municipality regarding the implementation of the metro's controversial city cleansing levy. The case was last week heard in the Gauteng High Court, Pretoria after the organisation approached the court to overturn the metro's decision to impose this new mandatory monthly levy of R194.37 (excluding VAT) on nearly 260 000 households and businesses in the metro. The civil rights organisation maintains that the levy amounts to unfair double taxation, particularly in cases where residents do not benefit from the metro's refuse removal services and are forced to make use of private service providers. The civil rights organisation denounced the metro's actions after it came to light that the levy was already added to residents' latest municipal bills, despite civil society's strong opposition to it and AfriForum's pending court case. Meanwhile, the metro has defended the implementation of the levy and argued that it has its origins in the metro's 2016 tariff policy. AfriForum said this policy was, however, not filed with the metro's court documents. This in spite of the metro deeming it a 'critical document' for the case. During the court proceedings, AfriForum also questioned the metro's argument that it has the necessary equipment and personnel to provide adequate refuse removal throughout Tshwane. According to AfriForum, this claim stands in direct contradiction to residents' day-to-day experiences in this regard. 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 The metro's argument regarding its ability to deliver the service also contradicts an official report that the Tshwane Metro released just last week and was approved by the council, AfriForum said. According to the report, it was estimated that in the previous five years, the metro's landfill sites had suffered a total loss of R148 million in income. The report makes several recommendations to address the problems, including the repair of weighbridges and the improvement of security at landfill sites. 'These interventions are not only overdue but also highlight the chronic mismanagement and neglect that plague the metro's waste management services,' said Arno Roodt, AfriForum's Regional Coordinator for Greater Pretoria South. AfriForum added that the metro seriously lacks a coherent institutional mechanism for the effective delivery of solid waste management services. It also does not have a well-structured and guided strategy as required by Section 78 of the Municipal Systems Act. According to AfriForum, this legislation prescribes critical processes to ensure that municipalities determine the most appropriate means for the effective and sustainable delivery of services. 'The metro claims in its court documents that it is fully capable of delivering the services in question, yet the facts reveal a completely different reality,' Deidré Steffens, AfriForum's Advisor for Local Government Affairs said. She added that we're dealing with a metro that has not only allowed landfill operations to bleed millions of rand but has also failed to establish a basic service delivery framework as required by law. 'Now the metro seeks to penalise residents by imposing an arbitrary levy on services that are either non-existent or in disrepair,' she said. Roodt is of the opinion that the city's cleansing levy is not based on service usage, as is required by law. 'This levy is a fundraising tool aimed at covering up years of poor planning and financial mismanagement,' he said.
IOL News
3 days ago
- Politics
- IOL News
Mbeki and Mabandla seek to intervene in R167 million apartheid damages case
Former President Thabo Mbeki and erstwhile justice minister Brigitte Mabandla's application to intervene in an apartheid-era damages claim will be heard on Monday, July 28 by the Gauteng High Court, Pretoria. Image: DIRCO Former president Thabo Mbeki and ex-justice minister Brigitte Mabandla will on Monday ask to intervene in the Gauteng High Court, Pretoria application for R167 million in constitutional damages by families of victims of apartheid-era atrocities. Mbeki and Mabandla have indicated that they want to intervene in the R167m constitutional damages case brought by survivors and victims of apartheid human rights violations to protect their reputations. Survivors and victims of apartheid-era atrocities and the Foundation for Human Rights (FHR) have asked the high court for R167m constitutional damages, which includes about R115.3m over five years, to enable families and organisations supporting them to advance truth, justice, and closure by assisting in pursuing investigations and research, inquests, private prosecutions, and related litigation. Another R8m over five years will enable families and organisations supporting them to play a monitoring role in respect of the work of the policing and justice authorities charged with investigating and prosecuting the Truth and Reconciliation Commission (TRC) cases referred to the National Prosecuting Authority. 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 An additional R44m over 10 years is sought to enable families and organisations supporting families to pursue commemoration, memorialisation and public education activities around the TRC cases including the holding of public events, publishing of books, and making of documentaries. In their application, survivors and family members of victims also want the court to declare the failure and/or refusal by the president to establish a commission of inquiry into the suppression of the investigation and prosecution of the TRC cases inconsistent with his constitutional responsibilities under the Constitution and a violation of their rights to equality, dignity and the right to life and bodily integrity of the victims in terms of the Constitution. Responding to Mbeki and Mabandla's application to intervene, Lukhanyo Calata, the son of the late Fort Calata who, along with Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto, became known posthumously as the Cradock Four, said the former president and erstwhile minister have no direct and substantial interest in the main application, given that no relief is sought against them in their personal capacities. President Cyril Ramaphosa has since established a commission to be chaired by retired Constitutional Court Justice Sisi Khampepe to inquire into, make findings, report on and make recommendations on unlawful interference and collusion since 2003. The government maintains that there is no concrete allegation of interference in the families' case. Mbeki and Mabandla also state that the families make unfounded, false and damaging allegations of interference and collusion against them in their case. They also indicate that the facts of interference and collusion will be better addressed in the commission. According to Mbeki and Mabandla, they are seeking to intervene because the relief sought by the families and the consequent claim for constitutional damages are founded on serious allegations of unconstitutional, unlawful and criminal conduct by them (Mbeki and Mabandla) during the respective tenures, 1999-2008 and.2004-2008, respectively. "We have a direct and substantial interest in the outcome of the proceedings," maintained Mbeki and Mabandla. They continued: "In the absence of our version, the only evidence before this honourable court is in the Calata applicants' founding affidavit. There is therefore a real risk that should we not be granted leave to intervene, the court will be presented with a one-sided narrative and the Calata applicants may be accepted as uncontested." Mbeki and Mabandla told the court they do not seek to intervene merely to set the record straight or out of concern that the court's findings may affect their reputations. "Rather, we seek leave to intervene because the relief sought by the Calata applicants is expressly predicated on allegations of unlawful conduct purportedly committed by us (and other state officials) during our tenure; allegations which we intend to dispute," they explained. The families oppose the application and argue that it is not possible to intervene simply to rebut adverse allegations and that the relief they seek is not directed against Mbeki or Mabandla but against the state. If Mbeki or Mabandla, the families say, feel they have been defamed they have recourse through normal legal remedies and that the application can be decided without the need to make findings in respect of individual role-players, the task of the commission set up by Ramaphosa, according to the FHR.
