Latest news with #GautengHighCourt
IOL News
13 hours ago
- Business
- IOL News
Judge highlights flaws in urgent application process against Reserve Bank
The High Court in Johannesburg said lawyers should afford their opponents time to respond when serving them with legal applications. Image: File The principle that the other side must also be heard is sacrosanct in the South African legal system, a judge said in criticising the conduct of an applicant who served the notice of an urgent application on the SA Reserve Bank after hours, on the eve of a public holiday. The urgent application only came to the attention of the Reserve Bank days later, after an order was already issued against it behind its back. Not knowing about the notice of the looming application, as it was served on a security guard on the premises, the Reserve Bank never showed up in court to oppose the application. It now turned to the Gauteng High Court, Johannesburg, where it successfully obtained an order to overturn the order against 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 Next Stay Close ✕ Ad loading Judge Roland Sutherland remarked that the only times that a court will consider a matter behind a litigant's back are in exceptional circumstances. 'The phrase 'exceptional circumstances' has, regrettably, through overuse and the habits of hyperbole, lost much of its impact. To do that phrase justice, it must mean 'very rarely',' he said. Gauteng High Court, Johannesburg, has allowed YWBN Mutual Bank to rebrand as eNL Mutual Bank. Image: IOL / Independent Newspapers Gauteng High Court, Johannesburg, has allowed YWBN Mutual Bank to rebrand as eNL Mutual Bank. Image: IOL / Independent Newspapers YWBN Mutual Bank obtained an order on May 7 this year, in which the Reserve Bank was told to register a name change of the YWBN Mutual Bank to eNL Mutual Bank and do so within 48 hours of the service of the order. The Reserve Bank is the statutory authority to confer and approve the name of a bank. On Wednesday, April 30, the urgent name change application was issued. The sheriff served it at 16:43 to the security guard at the Reserve Bank's premises. The notice of motion called on the Reserve Bank to file an answer the next day - within 24 hours of service - and further stated that the case would be enrolled on May 6. Judge Sutherland noted that Wednesday, April 30, was the day before a public holiday, Workers' Day. Friday was therefore a trapped 'working' day between the public holiday and the weekend, rendering the period May 1 to May 4 a de facto long weekend for many people. 'Why was it necessary to serve outside of business hours? Was it not foreseeable that the documents would not reach the desk of a responsible official before Monday?' the judge questioned. He said the expectation that an answer would be forthcoming within 24 hours on a public holiday was 'absurd'. 'This was a service on an organ of state, a category of litigant whose officials show no evidence of being burdened by a Calvinistic work ethic,' the judge remarked. The application only came to the attention of a person who knew what to do on May 6. The security guard was clueless as to the urgency and apparently denied that the urgency of the matter had been explained to him by the sheriff. A telephone call at the time between the guard and an official of the Reserve Bank about the arrival of the documents was afflicted by connectivity problems and confusion as to what should have happened. 'What this saga of mishaps illustrates is that it is unprofessional to take a pedestrian approach to the service of urgent applications. It is not part of our legal procedure to move by stealth to court against an adversary,' the judge said in overturning the initial order against the Reserve Bank.
The Citizen
a day ago
- The Citizen
‘No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial
The defence sharply criticised the lack of vehicle tracking data. Muzikawukhulelwa Sibiya (L) and Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe As the Senzo Meyiwa murder trial resumed on Monday at the Gauteng High Court in Pretoria, the defence expressed frustration over missing vehicle tracking data critical to the case. The defence team has been seeking automatic vehicle locator (AVL) data related to the arrests of accused number one, Muzikawukhulelwa Sibiya, and accused number two, Bongani Ntanzi, in 2020. Both men allege they were assaulted and coerced into confessing about their involvement in the former Bafana Bafana captain and Orlando Pirates goalkeeper's murder while in police custody during stops made in multiple vehicles. Meyiwa was fatally shot on 26 October 2014 at the family home of his then-girlfriend and singer Kelly Khumalo. Senzo Meyiwa murder trial: State unable to retrieve key records Prosecutor George Baloyi informed the court that the state had received an affidavit from an official at the City of Ekurhuleni, who reported an inability to recover the AVL data. The vehicles in question—a white Audi A3, white BMW 125i, white Nissan NP300, and white Isuzu double cab—were assigned to a SWAT team of the Ekurhuleni Metropolitan Police Department (EMPD) during May, June, and July 2020. No vehicle movement data could be retrieved for this period. 'He says that he conducted a thorough search within the city's fleet tracking system or that the current tracking system was only implemented after 2020. 'He states, furthermore, that there's no historical AVL data that was migrated from the previous tracking platform into the current system,' Baloyi said. The affidavit cited several reasons for this gap in data. ALSO READ: Will Senzo Meyiwa murder trial finally end in 2025? Among them was a 'supplier lock-in' – a contractual dispute between the Ekurhuleni Municipality and the previous service provider that prevented access to old AVL data during a system transition. Additionally, Baloyi told the court that the Toyota Hilux, driven by the now-deceased Sergeant Steven Mabena, also lacked tracking records. The vehicle's log sheet was also unavailable. 'The vehicle log sheet for the month of June 2020 was searched and could not be traced from the storage, and the person who may have been in a better position to assist in this matter is now deceased. 'Furthermore, the said motor vehicle was involved in an accident on 23 September 2022, where Sergeant Mabena lost his life, and was sold as scrap as a result of the accident.' Watch the trial below: The Volkswagen (VW) Polo Golf driven by Constable Sizwe Zungu, who previously testified he 'partied' with all five accused at a Vosloorus hostel just hours before Meyiwa's death, was also without AVL tracking data. An affidavit from a police fleet manager in the Ekurhuleni district confirmed that logbook records for the vehicle could not be found. 'He says he went into the storeroom, he checked, but unfortunately he couldn't find any record or log books of this vehicle.' The AVL records of the Toyota Fortuner that transported Ntanzi to North West have already been presented to the defence and submitted to the court. Defence decries lack of evidence Advocate Charles Mnisi, representing Sibiya, sharply criticised the lack of vehicle tracking data, stating that it is crucial to his client's defence. 'It is just not enough for somebody to pen an affidavit and say I am unable to get the information here and, therefore, the story must end. No, it does not work like that,' he said. 'They must go deep because these AVL records are central to a just decision in this matter as it relates to the accused's case, without which the accused would not have a fair trial.' READ MORE: Senzo Meyiwa trial: Cop says NPA did not refuse to issue arrest warrant for Kelly Khumalo Mnisi insisted the AVL data for Zungu's VW Polo Golf must be produced, arguing that relying on log books alone was unreliable. 'We are not looking for log books because there is a propensity of information being falsified in log books, and I'm saying this with due respect. 'That happens a lot, so that will not give a clear picture of the destinations, directions and places that this motor vehicle went to on the alleged dates,' he said, adding that 'even in the police, things go missing'. Defence demands witness testimony in Senzo Meyiwa murder trial Mnisi further questioned how no tracking data could be found despite prior statements from Brigadier Bongani Gininda, the lead investigator, indicating that all vehicles were equipped with tracking technology. 'It is not only surprising, but it confirms our view that we held all along that we could not have actually expected our prosecutors to become our redeemers and saviours at the same time. 'This is exactly what is happening, and I pray that it does not come to that. There's no proper investigation that was done here.' He urged the court to summon those who submitted affidavits to testify in court. 'The people who penned these affidavits should either come to court here to give their explanation, be cross-examined or be assisted on how to conduct this investigation rather than to simply accept on the face of it.' The defence lawyer added that the Toyota Hilux vehicle, which was involved in an accident, was 'neither here nor there'. 'Unless the state wants us to believe the accident also took away the records that are stored in their system, which would be very unintelligent.' NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial
IOL News
a day ago
- Health
- IOL News
Ramaphosa asks Constitutional Court to overturn NHI judgment
President Cyril Ramaphosa has appealed to the Constitutional Court in a bid to overturn a recent Gauteng High Court ruling that challenged the legality of his decision to sign the National Health Insurance (NHI) Bill into law. President Cyril Ramaphosa has appealed to the Constitutional Court in a bid to overturn a recent Gauteng High Court ruling that challenged the legality of his decision to sign the National Health Insurance (NHI) Bill into law. The controversial bill, signed by Ramaphosa in May 2024, is a cornerstone of the government's proposed overhaul of South Africa's healthcare system, aiming to establish universal health coverage for all citizens. However, the High Court in Pretoria ruled shortly afterwards that Ramaphosa's assent to the bill could be subject to judicial review — a finding that raised constitutional and procedural concerns. The court also ordered the president to provide a full record of all documentation and deliberations that informed his decision to approve the legislation. This move sparked criticism from legal and political commentators who viewed it as a significant intrusion into executive authority. Now, Ramaphosa is asking the Constitutional Court — South Africa's highest legal authority on constitutional matters — to review and set aside the High Court's judgment. In his application, the president contends that the lower court may have overstepped its bounds, arguing that it infringed on the constitutional doctrine of separation of powers. According to court papers filed by Ramaphosa, the High Court ruling 'undermines the functioning of the executive' and grants the judiciary undue influence over matters that, by design, fall within the president's discretion.
IOL News
3 days ago
- IOL News
Elderly man wrongfully arrested for child rape to receive R1. 5 million in damages
Imprisoned for more than 16 months on a charge of rape which he did not commit, an elderly man is now due to receive R1.5 million from the police as compensation for his harrowing ordeal. Image: File An elderly Mpumalanga man, who was falsely accused of raping a child and had to spend more than 16 months in jail under harrowing circumstances, before the charge was withdrawn against him, is set to receive R1.5 million in damages from the police. The now 70-year-old, only identified as MM, turned to the Gauteng High Court, Johannesburg, where he claimed R30.3m in damages. This was calculated at R60,000 a day for approximately 505 days. To make matters worse, MM was only released from prison a month after the charge was withdrawn against him. The police failed to either inform him or the prison authorities immediately after his name was cleared. MM told the court that upon his release, he faced stigma in his community and even in his home village in Mpumalanga, where people viewed him as a child molester. This reputational damage continues to affect him and, in all likelihood, will continue to do so, Acting Judge RC Thackwell remarked. He was arrested at his home on suspicion of having raped a minor. He was detained first at Primrose Police Station and subsequently at Boksburg Prison. It had emerged that the investigating officer simply glanced at the case docket and had no concrete evidence that MM was a suspect. Judge Thackwell said the law requires that before making an arrest, an officer must do more than simply form an initial suspicion. 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 suspicion must be reasonable when viewed objectively. Practically, this means the arresting officer needs to take concrete steps to validate their initial suspicion by investigating the essential elements and facts potentially relevant to the particular offence.' The judge added that suspicion alone is insufficient. The plaintiff testified that he was at his home in Marathon Squatter Camp, while he was engaged in his business of selling cooked meat from his home premises. The police arrived at his home accompanied by a woman and a child. The mother of the child accused him of raping the minor. The plaintiff stated that he did not know either the woman or the child prior to this encounter. MM, meanwhile, provided a harrowing account of his time in detention. He described being housed in a cell with approximately 60 other inmates in unsanitary conditions where toilets were frequently blocked. He witnessed violence among inmates, including the stabbing of an inmate who was next to him and another inmate being struck on the head with a blunt object. He also stated that the food was inadequate. Speaking on how this nightmare ordeal impacted him, MM testified that people in his community viewed him differently, with some referring to him as dangerous to children. He lost his business, and the family had to sell his car to make ends meet. The duration of his detention is exceptionally long for a case where the charges were ultimately withdrawn, and there was no real evidence identified in support of those charges, the judge noted, in awarding him R1.5m in damages.
IOL News
6 days ago
- Health
- IOL News
Mother testifies against midwife after the death of her son
Former midwife Yolande Maritz Fouchee in the dock in the Pretoria High Court. She is facing 14 charges after several babies were born with cerebral palsy and one had died. Image: Zelda Venter The parents of a baby boy who died nine days after he was born under the watch of Pretoria East midwife, Yolande Maritz Fouchee, this week testified in the Gauteng High Court, Pretoria, that apart from a few 'moaning' sounds made by the baby, he never cried at all until his death. Alysia von Kloeg was the third mother to take the stand in the culpable homicide and assault trial of now deregistered midwife Yolande Maritz Fouchee. Her son was born on April 3, 2019, at Fouchee's You&Me birthing centre in Pretoria East. He later died at the Steve Biko Academic Hospital. The State is claiming that Fouchee's negligent actions caused the death of the Von Kloeg baby and led to three other babies being born with cerebral palsy. It is alleged that Fouchee also assaulted the baby's mothers by dosing water with the medication Cytotec and giving them the water to drink prior to the birth. Cytotec is used to induce uterine contractions to hasten the labour process. Von Kloeg, who was under Fouchee's professional care from her pregnancy up to the baby's birth, testified that she was going into labour on the day of the birth. When she got to Fouchee's clinic, the latter gave her a substance to drink, which Fouchee described as a rescue remedy. According to Von Kloeg, her contractions increased, and she shortly afterwards gave birth to her son Noah, who was blue and struggled to breathe. She said Fouchee explained to her that some babies struggle to 'wake up as they do not realise that they have been born yet". The child, however, continued to struggle with breathing, and the mother and child were eventually taken to hospital. The baby died in his mother's arms nine days later, when doctors told her there was nothing they could do for little Noah. 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 machines that had kept him alive were eventually switched off. Noah was Von Kloeg's first born. Fouchee, denied any responsibility for the state in which the babies were born under her care, relating to the charges she is facing. In the case of baby Noah, her version is that the mother had an abnormal placenta. According to Fouchee's defence, she advised Von Kloeg on several occasions to go to a doctor prior to the birth. Von Kloeg denied this and said Fouchee, throughout her pregnancy, told her the unborn baby was healthy. The court heard that Fouchee handled between 16 to 24 deliveries a month at her You&Me delivery centre in Pretoria East, for which she charged from R16,000 upwards per delivery. One of the charges Fouchee is facing is that she called her daughter in to assist her with the deliveries. Her daughter, the prosecution said, does not hold any medical qualifications. The daughter, Estune Maritz, earlier testified that since she was about 10, she witnessed the births at her mother's clinic. Her role in assisting her mother slowly developed, and when she was 15, her mother took her out of school to home-school her.
