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Pending criminal case costs applicant top court position in the Eastern Cape
Pending criminal case costs applicant top court position in the Eastern Cape

IOL News

time3 days ago

  • IOL News

Pending criminal case costs applicant top court position in the Eastern Cape

The Labour Court ruled in favour of the Office of the Chief Justice for not recommending a candidate for a job as court manager. Image: File The failure to disclose a pending criminal case when asked to do so during a job application can have dire consequences, as an applicant who applied for the position of a court manager discovered. Siphephelo Luthuli applied for two posts in the Eastern Cape as court manager. He was recommended as he was deemed the best candidate. He denied on his application form that he had a criminal record or any pending cases against him. But it was later discovered that there was a pending case relating to alleged driving under the influence of alcohol. The Office of the Chief Justice (OCJ) then withdrew its recommendation that Luthuli get the job. Luthuli took the matter on review before an arbitrator, who ruled in his favour and found that the OCJ was guilty of unlawful labour practice. The OCJ was ordered to compensate him by paying him R61,000, but the office took the matter on review to the Gqeberha Labour Court. 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 court was told that in 2019, the OCJ advertised two positions for court managers at the Bhisho and Mthatha High Courts. Luthuli applied, and he was required to indicate if he had ever been convicted of a criminal offence or whether any cases were pending, and his response was 'no'. The OCJ, however, subsequently established that he was arrested in respect of a case of driving a vehicle while under the influence of alcohol. Luthuli conceded that he knew about the matter but relied on the fact that the matter was not enrolled by the prosecutor's office. According to the police, the matter was still under investigation. The panel that interviewed him considered the matter and felt he had to disclose that the matter was still pending. As a result, they withdrew their recommendation for his appointment. The arbitrator found this to be irrational, arbitrary, and capricious and ordered that the OCJ compensate Luthuli. The arbitrator found that the definition of 'pending case' or 'pending' was not informed by an objective definition either provided for in legislation or policy.

The risks of omitting pending criminal cases in job applications
The risks of omitting pending criminal cases in job applications

IOL News

time4 days ago

  • IOL News

The risks of omitting pending criminal cases in job applications

The Labour Court ruled in favour of the Office of the Chief Justice for not recommending a candidate for a job as court manager. Image: File The failure to disclose a pending criminal case when asked to do so during a job application can have dire consequences, as an applicant who applied for the position of a court manager discovered. Siphephelo Luthuli applied for two posts in the Eastern Cape as court manager. He was recommended as he was deemed the best candidate. He denied on his application form that he had a criminal record or any pending cases against him. But it was later discovered that there was a pending case relating to alleged driving under the influence of alcohol. The Office of the Chief Justice (OCJ) then withdrew its recommendation that Luthuli get the job. Luthuli took the matter on review before an arbitrator, who ruled in his favour and found that the OCJ was guilty of unlawful labour practice. The OCJ was ordered to compensate him by paying him R61,000, but the office took the matter on review to the Gqeberha Labour Court. 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 court was told that in 2019, the OCJ advertised two positions for court managers at the Bhisho and Mthatha High Courts. Luthuli applied, and he was required to indicate if he had ever been convicted of a criminal offence or whether any cases were pending, and his response was 'no'. The OCJ, however, subsequently established that he was arrested in respect of a case of driving a vehicle while under the influence of alcohol. Luthuli conceded that he knew about the matter but relied on the fact that the matter was not enrolled by the prosecutor's office. According to the police, the matter was still under investigation. The panel that interviewed him considered the matter and felt he had to disclose that the matter was still pending. As a result, they withdrew their recommendation for his appointment. The arbitrator found this to be irrational, arbitrary, and capricious and ordered that the OCJ compensate Luthuli. The arbitrator found that the definition of 'pending case' or 'pending' was not informed by an objective definition either provided for in legislation or policy.

Luthuli walk to honour the legacy of a liberation icon
Luthuli walk to honour the legacy of a liberation icon

The Citizen

time15-07-2025

  • The Citizen

Luthuli walk to honour the legacy of a liberation icon

Luthuli walk to honour the legacy of a liberation icon The legacy of Chief Albert Luthuli will once again be honoured through the annual Luthuli Walk and Fun Run, taking place on Saturday in Groutville. This year's event carries added significance, as it coincides with the recent reopening of the inquest into Luthuli's death in 1967. Luthuli remains one of South Africa's most revered political icons and was the first African recipient of the Nobel Peace Prize. Launched in 2016, the Luthuli Walk retraces the final steps of the late chief, who was reportedly killed by a train on the railway bridge over the uMvoti River on July 21 in 1967. Decades later, questions still linger around the circumstances of his death. The Pietermaritzburg High Court has reopened the inquest, with a verdict expected in October. More than just a tribute, the commemorative walk and fun run aim to celebrate Luthuli's enduring legacy while promoting social cohesion, healthy living and the growth of local tourism and entrepreneurship. The 11.5km walk and 7.7km fun run will both start at the Luthuli Museum, located on Nokukhanya Luthuli Street in Groutville, with staggered start times at 7am and 7.30am, respectively. Participants are encouraged to collect their race packs at the Luthuli Museum on 17 or 18 July, between 10am and 8pm. No collections will be allowed on the day of the event unless prior arrangements have been made. Contact the Luthuli Museum at 032 559 6824 or email [email protected]. 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. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

NPA has four months to prepare closing argument's on Luthuli's inquest
NPA has four months to prepare closing argument's on Luthuli's inquest

IOL News

time19-06-2025

  • Politics
  • IOL News

NPA has four months to prepare closing argument's on Luthuli's inquest

The National Prosecuting Authority (NPA), will concluding its work on the Inkosi Albert Luthuli's inquest in October by presenting closing arguments at the Pietermaritzburg High Court. Image: RANJITH KALLY THE ball is now with the National Prosecuting Authority (NPA) advocates to give Judge Nompumelelo Radebe a convincing argument that Inkosi Albert Luthuli was killed by apartheid operatives, not a goods train as it was found soon after he died in 1967. Advocates Ncedile Dunywa, Annah Chuene, Siyabonga Ngcobo, and Xolani Msimango concluded, leading several people with evidence on June 11. Since the beginning of the inquest at the Pietermaritzburg High Court on April 14, the advocates have led an array of witnesses with evidence. Those who testified included South African Police (SAPS) members, Directorate for Priority Crime Investigation (DPCI) officials, scene reconstruction and simulation experts, forensic analysts, medical evidence, family members of Chief Luthuli, anti-apartheid activists, and friends of Luthuli. Former justice minister Jeff Radebe also testified. The matter was postponed from June 11 to October 13, where the advocates would be given until October 16 to give closing arguments. 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 same court also postponed on June 17 the inquest on the death of another struggle stalwart, Griffiths Mxenge, who was killed by stabbing in Umlazi on November 19, 1981, to October 9. The Mxenge matter was first postponed on 14 April to give those who felt they might be implicated in his death, who were apartheid police officers at the time, a chance to apply for the government to provide them with legal representatives, as they were employed by the state when Mxenge was killed. The court first postponed Mxenge's matter to June 17, which was the holding date to establish if the officers had succeeded in finding lawyers. On their return on June 17, the court heard that their applications to have the state-provided lawyers were still pending. Since the beginning of Luthuli's inquiry, scores of Luthuli's family members, ANC leaders and supporters have been frequenting the court to hear what caused the death of the president-general of Africa's biggest liberation movement and the Nobel Peace Prize winner. Luthuli died at the age of 69 at the Stanger Hospital on July 21, 1967, hours after he was found with multiple head and upper-body injuries at the railway line Mvoti River bridge. The inquest heard that even his death at the hospital was questionable because he was not afforded proper medical attention that could have saved his life. The NPA instituted an inquiry as there were beliefs that the initial inquest conducted in September 1969 misled the public about the cause of his death. Magistrate C.I. Boswell, who presided over the inquest at the Stanger Magistrate's Court, had concluded that Luthuli had been hit by the goods steam train that was traveling to Durban as he was crossing the bridge to his sugarcane farm. The report indicated that Luthuli might not have heard the train hooting or seen it coming, despite that it was approaching him from the front. Another theory was that Luthuli deliberately ignored the train to kill himself. However, experts who testified before Judge Radebe indicated that Luthuli was likely attacked. The experts were backed by the National Archives Advisory Council chairperson, Sibongile Mnyandu-Nzimande, who testified that her family member witnessed white men assaulting Luthuli with a shovel near the bridge where the train was stationed. Mnyandu-Nzimande told the judge that her relative, who was a messenger transporting documents between Luthuli and her grandfather, was few days later taken away by police to state what he witnessed, but was never found again. At the beginning of the inquest, Dunywa said the outcome of the inquest, held the same year Luthuli died, was not based on fact and evidence, 'but rather on the suppression of justice aimed at ensuring that the perpetrators remained hidden and protected". He said Boswell wrote correspondence on August 4, 1967, preempting the outcome even before the evidence was presented before him. Dunywa stated that Boswell communicated his written opinion to the Secretary of Justice that 'I had to report that an inquest in connection with the death of Albert John Luthuli will be held at Stanger by me on 19 September 1967 at 10 am. 'From the report available at present, I do not expect the finding to be anything other than accidental. The cause of death furnished by the district sergeant might be questioned by the relatives, but I can not anticipate on what grounds the dispute is raised."

NPA concludes witness testimony in Chief Albert Luthuli inquest, proceedings postponed to October
NPA concludes witness testimony in Chief Albert Luthuli inquest, proceedings postponed to October

IOL News

time11-06-2025

  • Politics
  • IOL News

NPA concludes witness testimony in Chief Albert Luthuli inquest, proceedings postponed to October

Chief Albert Luthuli, whose 1967 death is under renewed scrutiny in a reopened inquest. The reopened inquest into the death of Nobel Peace Prize laureate and anti-apartheid leader Inkosi Albert John Mvumbi Luthuli has been postponed to October for closing arguments after the state concluded its list of witnesses. On Wednesday, the National Prosecuting Authority (NPA) confirmed that proceedings in the Pietermaritzburg High Court were adjourned to October 13 to 16, 2025. The NPA, represented by Advocates Ncedile Dunywa, Annah Chuene, Siyabonga Ngcobo and Xolani Msimango, led testimony from an extensive list of witnesses since the inquest resumed on April 14 this year. 'In this reopened inquest, the NPA led an array of witnesses, including South African Police (SAPS) members, Directorate for Priority Crime Investigation (DPCI) officials, scene reconstruction and simulation experts, forensic analysts, medical evidence, family members of Chief Luthuli, anti-apartheid activists, and friends of Chief Luthuli,' NPA Regional Spokesperson Natasha Ramkisson-Kara stated.

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