Latest news with #PietermaritzburgHighCourt
IOL News
a day ago
- General
- IOL News
Blind SA welcomes court ruling for independent inquiry into school mistreatment
The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment and sexual violence of pupils at Arthur Blaxall School for the Blind. Image: Supplied The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment, including the alleged sexual violence of learners at a KwaZulu-Natal-based school for the blind and visually impaired. This was after the court ruled that a curator ad litem should be appointed to investigate the allegations at Arthur Blaxall School for the Blind. The case was brought by Blind SA last year, following allegations that were made in 2018. Blind SA, in its application claimed the original investigation into the allegations against the school was inadequate. No one was criminally charged and prosecuted after the school and the provincial education department concluded their initial investigation. The Department of Education attempted to oppose the application on the basis that the issues raised had been addressed, saying a new investigation would disrupt the school's operation. 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 ✕ However, the court this week ordered that a curator should be appointed to conduct an independent investigation. The curator is expected to compile a detailed report and submit recommendations to the court by September 30. It will also investigate allegations of poor quality of food and living conditions, as well as the school programmes. KwaZulu-Natal spokesperson for education, Muzi Mahlambi and his colleague, Mlu Mtshali, did not respond to messages and calls. Elijah Mhlanga, the spokesperson for the Department of Education, requested a copy of the court papers but did not respond to queries. Blind SA, which was represented by the Equal Education Law Centre (EELC), said the situation at the school reflects a broader, systemic failure in the provision of safe and dignified hostel conditions for learners with disabilities across South Africa. 'We welcome the High Court's order as an important step toward accountability and systemic reform for learners with disabilities at school hostels. Through the appointment of an independent curator, we hope that meaningful, evidence-based recommendations will emerge to drive urgent improvements at Arthur Blaxall and beyond. Learners with disabilities deserve to access education in environments that respect and uphold their dignity and rights,' Blind SA said in a statement. Blind SA chief executive officer, Jace Nair, added this will enable the curator to engage with stakeholders, including learners, staff, education officials and the community to probe the concerns and "propose effective lasting recommendations that will address the systemic changes required to prevent abuse and negligence and promote a human rights-based approach for equitable and quality education for blind and partially sighted learners". The court added that the person who would be nominated should have at least 10 years of relevant experience.
IOL News
2 days ago
- Health
- IOL News
Pietermaritzburg High Court greenlights abuse probe at school for the blind
The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment and sexual violence of pupils at Arthur Blaxall School for the Blind. Image: File The Pietermaritzburg High Court ordered that an independent investigation should be instituted to probe allegations of mistreatment, including the alleged sexual violence of pupils at a KwaZulu-Natal-based school for the blind and visually impaired. This was after the court ruled that a curator ad litem should be appointed to investigate the allegations at Arthur Blaxall School for the Blind. The case was brought by Blind SA last year, following allegations that were made in 2018. Blind SA, in its application claimed the original investigation into the allegations against the school was inadequate. No one was criminally charged and prosecuted after the school and the provincial education department concluded their initial investigation. The Department of Education attempted to oppose the application on the basis that the issues raised had been addressed, saying a new investigation would disrupt the school's operation. 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 ✕ However, the court this week ordered that a curator should be appointed to conduct an independent investigation. The curator is expected to compile a detailed report and submit recommendations to the court by September 30, 2025. It will also investigate allegations of poor quality of food and living conditions, as well as the school programmes. KwaZulu-Natal spokesperson for education, Muzi Mahlambi and his colleague, Mlu Mtshali, did not respond to messages and calls. Elijah Mhlanga, the spokesperson for the Department of Education, requested a copy of the court papers but did not respond. Blind SA, which was represented by the Equal Education Law Centre (EELC), said the situation at the school reflects a broader, systemic failure in the provision of safe and dignified hostel conditions for learners with disabilities across South Africa. 'We welcome the High Court's order as an important step toward accountability and systemic reform for learners with disabilities at school hostels. Through the appointment of an independent curator, we hope that meaningful, evidence-based recommendations will emerge to drive urgent improvements at Arthur Blaxall and beyond. Learners with disabilities deserve to access education in environments that respect and uphold their dignity and rights,' Blind SA said in a statement. Blind SA chief executive officer, Jace Nair, added that this will enable the curator to engage with stakeholders, including learners, staff, education officials and the community to probe the concerns and 'propose effective lasting recommendations that will address the systemic changes required to prevent abuse and negligence and promote a human rights-based approach for equitable and quality education for blind and partially sighted learners'. The court added that the person who would be nominated should have at least 10 years of relevant experience.
The Citizen
2 days ago
- Business
- The Citizen
NPA 'vindicated' by Zuma corruption loss, but will he appeal again?
Zuma has been accused of engaging in Stalingrad legal tactics with legal battles, challenges and appealls to avoid his day in court. The National Prosecuting Authority (NPA) said it hopes the judgment against corruption accused former President Jacob Zuma and French arms company Thales will pave the way for a speedy trial, which has been marred by delays. On Tuesday, the Pietermaritzburg High Court threw out Thales and Zuma's application to have their arms deal corruption trial dismissed. Zuma loss Zuma and Thales applied to be summarily acquitted of the arms deal corruption and racketeering charges on the basis that unreasonable delays had resulted in the deaths of crucial witnesses, Thales representative Alain Thétard and Pierre Moynot. Judge Nkosinathi Chili ruled that the court does not have the authority to withdraw the charges and that the corruption trial will now proceed as previously planned. ALSO READ: Zuma and Thales applications for summary acquittals dismissed NPA vindicated NPA spokesperson Advocate Mthunzi Mhaga said the prosecuting body welcomed the judgment. 'We hope that this paves the way for the resumption of the protracted trial, which has been plagued by many interlocutory applications that had the undesirable effect of delaying the trial. 'The NPA feels vindicated by the dismissal as we held the view that the application had no merit in view of the matters having been previously pronounced upon by the same court,' Mhaga said. The matter was postponed to December 4th, when the state will apply for the trial against Zuma and Thales to proceed regardless of any appeals lodged by the former president or the French arms company. Stalingrad strategy Zuma and Thales indicated that they would consider appealing the ruling made by the Pietermaritzburg High Court. Zuma has been accused of engaging in Stalingrad legal tactics with legal battles, challenges and appeals to delay his arms trial and avoid his day in court. The former president filed a series of appeals in a two-decade-long cycle of challenges, crusading to prosecute his arms deal prosecutor, Billy Downer, and journalist Karyn Maughan privately. However, the cases were invalidated as an 'abuse of process' by multiple courts. Corruption The former president tried but failed to privately prosecute Downer and Maughan for alleged breaches of the NPA Act. This is in connection with the leaking of his confidential medical information from one of the former president's military doctors in August 2021. Zuma is accused of 18 charges of corruption, racketeering, fraud and tax evasion. The arms deal case was declared trial-ready three years ago but has been delayed by his repeated failed efforts to force the removal of Downer. NOW READ: Zuma's point man touted to replace Shivambu as MK party SG
IOL News
2 days ago
- Business
- IOL News
Thales's appeal for permanent stay in Zuma arms deal trial rejected
Former president Jacob Zuma's attempt to escape prosecution has failed. Image: Tumi Pakkies / Independent Newspapers Former president Jacob Zuma and his co-accused, Thales, are yet to decide whether they will file an appeal against the Pietermaritzburg High Court ruling to dismiss the arms deal case against them. Zuma, who now leads the Umkhonto weSizwe Party (MKP), had piggybacked on the French arms manufacturer's application for the permanent stay to escape being tried for fraud, corruption, racketeering, and money laundering charges. Zuma was not in court on Tuesday. The charges dated back to the 1998 arms deal, which the government had entered into with Thales. The trial has been delayed due to many factors, including attempts to get state prosecutor Advocate Billy Downer off the trial following allegations of bias, which Judge Nkosinathi Chili had rejected in September last year. After Judge Chili's ruling on Tuesday morning, the State and defence teams agreed to postpone the case to December 4. The postponement would give Thales time to decide whether to file an appeal against Judge Chili's ruling. Zuma would also get time to go to a higher court to appeal against Judge Chili's ruling that Downer should continue prosecuting the matter. Regarding the stay of prosecution application, Thales's legal team had, on April 24, argued that continuing with the trial would be constitutionally unfair since its client's former directors, Pierre Moynto and Alain Thetard, who were its prime witnesses, had died. Moynto had been the director of Thales and the executive officer of the African Defence Systems, another entity, 'which featured prominently in the State case against Thales'. He died on December 31, 2020. Thetard, who died in September 2022, also served as Thales's director. Both accused had contended that without Moynto and Thetard's testimony, their defence would be severely prejudiced. 'In support of its case, Thales alleged that the importance of Moynto and Thetard in the criminal trial against Thales was unquestionable, (as) they are the only individuals who would be able to testify on behalf of Thales and also to assist Thales in challenging any evidence led by the State against it,' said Chili. Zuma and Thales said that had the case against them not been delayed, Moynto and Thetard would have been available to testify. Zuma had said that if Thales succeeds, he would also apply to have his charges dropped because the alleged corruptor would no longer be on trial. However, that hope was dashed when Judge Chili rejected Thales' argument that Moynto and Thetard's testimony was important. 'The question of whether they would prejudice, which might result in Thales not receiving a constitutionally fair trial, is a matter for the trial court. 'Whether the right to a fair trial is infringed, the matter would be best decided by the court,' said Judge Chili. He agreed with Zuma's argument that his prosecution was conjoined with that of Thales and could not be separated, and that 'if Thales's case fails, Zuma's case must also fail'. He read an extract from the Criminal Procedure Act, which states that the decision to stop the prosecution rested with the State. 'There is nothing in the Act that empowers the court to direct the State to either withdraw a charge or stop the prosecution against an accused person. 'I am therefore satisfied that it would be incompetent of this court to grant the relief sought in prayer one of the main applications (brought by Thales),' said Judge Chili. The judge said Thales was shifting the goalposts by claiming that Thetard and Moynto were its invaluable witnesses. He said that its May application contradicted another permanent stay of prosecution, which it made in November 2018, where it stated that Thetard was not prepared to come to South Africa to testify in the trial. He said Thales had at the time supported its argument by giving the court Thetard's affidavit, which was dated March 11, 2009, that he was not available to testify. He said Thales should have indicated in its latest application that Thetard had at some point changed his mind and was ready to testify. 'Without such evidence, one is tempted to conclude that Thales conveniently decided to move the goalpost.' He said the State had previously stated that Moynto was not important because he was not a central actor in the event, giving rise to the charges against Thales. 'It was the common course that he was not an officer or an employee of Thales in April 1998 and the third quarter of 2000, during which most of the events occurred. 'He only represented Thales before April 1998 and thereafter late in the year 2000 onwards,' said Judge Chili. Cape Times
IOL News
2 days ago
- General
- IOL News
Tuesday's court outcome in the arms deal matter means Jacob Zuma has to stand trial – here are some reactions on X
A glum uMkhonto weSizwe Party boss Jacob Zuma contemplates his future after losing his bid to avoid prosecution for corruption relating to the 1999 Arms Deal. The Pietermaritzburg High Court has dismissed French arms company Thales' and former president Jacob Zuma's application to have charges against them relating to the 1999 Arms Deal squashed. @ZANewsFlash The Pietermaritzburg High Court has thrown out an application by French arms company Thales and former President Jacob Zuma to have their arms deal corruption trial dismissed. The corruption trial will now proceed as previously planned. @WothiJiba The Jacob Zuma/Thales case has nothing to do with justice. It has nothing to do with the awarding of arms deal contracts nor is there an allegation that he stole money from Government, yet the state has spent hundreds of millions on the case. Wasteful expenditure. @incontroZA It was politically motivated. Ramaphosa is going all out to get rid of Magashule and Jacob Zuma. Their cases won't end. Plus the Unchallenged, sole candidate for President is on the way. @Dumisan01399730 Former premier of Mpumalanga Province Matthew Phosa once said ' hate Jacob Zuma but don't lie about him'. By nature Jacob Zuma is a good person who accommodate everyone else. His good heart has made him to be vulnerable even to those who want to destroy him. @Sthe___Nxumalo It was always obvious that anything that has Adv Dali Mpofu & Jacob Zuma will never win anything in court — even if witness were all dead & evidence is absent, they would still stand trial & be found guilty. They can just always appeal & appeal to kill time! @Theblackjagua12 When was the last time Zuma won a case? @RogerKint69 Medical parole loading... @Lephondo2Mpho Knowing Mr Zuma, he's taking this judgement to the Supreme Court, to delay his date in court. DAILY NEWS
