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IOL News
22 minutes ago
- IOL News
High Court ruling highlights police incompetence in wrongful arrest case
A rape suspect will be paid R350,000 after police effected a warrantless arrest on mere suspicion nearly a year after the incident occurred and in the absence of further evidence. Image: AI / RON A rape suspect will get paid R350,000 by the Police Ministry following a high court order in which the man sought relief for his wrongful arrest. This comes after police effected the warrantless arrest of the man on mere suspicion nearly a year after the incident occurred, and in the absence of further evidence, which had eventually been added after his arrest. In the High Court of South Africa at the Gauteng Division, Johannesburg, Judge Stuart Wilson had harsh words for the Minister of Police - a respondent in the matter - after the rape suspect proved to the court that he was wrongfully arrested. The man was arrested on suspicion in August 2018, having been accused of raping a nine-year-old girl. The incident allegedly occurred a year prior, in September 2017. 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 child's older sister reported to police that the minor girl had told her that the suspect had put his penis in her vagina while they were both at a friend's house the year before. The sister had stated to the police before the arrest, relaying what the girl had told her. The suspect was arrested on August 9, 2018, while the minor girl was examined by a medical professional on August 10. The examination confirmed injuries to the girl's vagina consistent with penetration and was confirmed not to be recent, which was consistent with an attack on the girl some months before. The girl herself gave a statement to the Soweto Family Violence, Child Protection and Sexual Offences Unit on August 11, 2018, in which she said she had been raped. She identified the suspect as the perpetrator. Court documents read: 'At the point of arrest, only (the sister's) statement was available to the police. Both the report on (the minor victim's) medical examination and her statement identifying the suspect were only generated after the arrest. (The arresting officer) did not say, in his evidence-in-chief, that he had seen the sister's statement. What the officer did say was damning. He said that he did not need a suspicion of any sort to arrest the suspect. All he needed was an instruction from his unnamed colleagues that the suspect had been accused of a serious offence, together with the sister's identification of the suspect.' During lower court proceedings, the suspect was eventually granted bail on August 24, 2018. On October 1, 2018, the case against him was provisionally withdrawn. Since then, prosecution has not commenced further. Judge Wilson said: 'The most unfortunate feature of this case is that a wrongful arrest claim has been sustained in circumstances where the arresting officer ignored or did not take the necessary steps to obtain objectively available material that would have allowed him to form the reasonable suspicion necessary to effect the arrest lawfully. 'By failing to acquaint themselves fully with the material that was available on 9 August 2018 (the date of arrest), and perhaps also by refusing to wait for more evidence to become available, (the arresting officer), together with whomever directed him to arrest the suspect on the evening of 9 August 2018, acted with gross incompetence. 'The cost of that incompetence sounds not just in the award that I am now duty-bound to make, but in the anguish undoubtedly caused to (the minor girl and her sister), both of whom the justice system has plainly failed. Whomever the assailant was, nowhere near enough was done to bring them to justice in a manner consistent with the applicable law. We must do better than this,' said Judge Wilson.
IOL News
27-05-2025
- IOL News
Inmates at Leeuwkop Prison finally heard in Gauteng High Court
Twenty inmates of Leeuwkop Prison wants answers as to why they are not being considered for parole, but up to now no one wanted to hear their court application. Image: File It was third time lucky for a group of 20 inmates who had over the past six weeks turned to court three times in a bid to be heard, but on the first two occasions nobody would lend them an ear, before a sympathetic judge agreed to take on their case. Stephen Langa and 19 of his co-accused at Leeuwkop Prison turned to the Gauteng High Court in Johannesburg in an urgent bid to get answers as to why they have not been considered for parole. All 20 are serving life imprisonment terms and said they have already served the time expected of them in law, before becoming eligible to be considered for parole. Yet they are not being considered by the Parole Board. On the first two occasions judges simply removed their matter from the urgent court roll, as the applications were deemed not up to scratch by the judges. Even the office of the State Attorney, who had to act on behalf of the minister of correctional services and other related departments to defend the action, did not bother to do so. But Judge Stuart Wilson has now decided to lend them an ear and to place the matter before himself for future case management. While the inmates had brought the applications as lay people, without the help of a lawyer, and it was difficult from their court papers to ascertain exactly what their complaint was, Judge Wilson took the time to establish 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 ✕ He commenced that whether or not the complaints turn out to have any merit, claims of this nature generally require the most serious and anxious consideration, because the person advancing them, being incarcerated, is inherently vulnerable. 'Save in exceptional circumstances, it is not appropriate to remove a lay litigant's application from the urgent roll. Every effort must be made to ascertain the nature of the complaint. If the complaint is urgent, it must be dealt with fairly on its merits.' He added that a simple removal of these matters from the roll generally achieves nothing. 'It is no more than an encouragement to a lay litigant to re-enroll the matter in the next urgent court, making their case part of the next urgent judge's burden.' While the application papers were not easy to decipher, it turned out following questions by the judge to Langa, that these prisoners complained that they had completed the non-parole period of their sentences, but were being denied the opportunity to apply for parole. 'Once the nature of the complaint has been established, it is necessary to hear from the authorities responsible for the applicant's detention. In this case, that was impossible because there was no appearance from the Minister of Correctional Services. Without input from the Minister, it is impossible to determine whether Mr. Langa has correctly identified the complaint and whether that complaint has any merit,' the judge said.
IOL News
13-05-2025
- IOL News
City of Joburg's R10 million fine against Waterfall Estate declared unlawful
Significant financial penalties exceeding R10 million levied against Waterfall Estate have been declared unlawful. In a pivotal judgement delivered recently by the South Gauteng High Court in Johannesburg, significant financial penalties exceeding R10 million levied against Waterfall Estate have been declared unlawful. The case arose from what the court deemed questionable practices employed by the City's Johannesburg Water, which had aggressively enforced hefty fines for alleged improper water meter installations and illegal connections. The court ruled in favour of Waterfall Country Estate, Waterfall Schools, and Waterfall Fields, who filed legal action challenging the legitimacy of the fine impositions. The extensive penalties consisted of more than R1 million for Waterfall Country Estate, over R2 million for Waterfall Schools, and fines amounting to R3 million and R4 million against Waterfall Fields respectively. These imposing figures sparked outrage and concern, as they were labelled by the plaintiffs as a misuse of authority lacking proper procedural backing. Judge Stuart Wilson, who presided over the case, categorically stated that the fines did not comply with the municipality's stipulated water services by-laws. In his comprehensive judgement, Judge Wilson emphasised that municipal penalties cannot be enforced arbitrarily and must adhere to established legal protocols. The ruling marked a significant stand against the excessive use of municipal fines without due process, declaring the penalties as ultra vires—meaning they had exceeded the City's legal authority. Further scrutiny revealed that the municipal officials charged with issuing these fines did so without the requisite authorisation, further undermining the enforcement actions taken by Johannesburg Water. The judge also issued a stern admonition to Johannesburg Water regarding its inadequate preparation leading to the court hearing. He dismissed Johannesburg Water's last-minute application for postponement, criticising its failure to establish urgency concerning the case. A critical element of the ruling mandates Johannesburg Water to correct the municipal accounts for the implicated estates within a strict deadline of 30 days. The order also explicitly prohibits the City from disconnecting essential services to the Waterfall Estate properties, providing much-needed relief to the affected residents and businesses. Additionally, the court has placed an interdict on the metro, barring it from pursuing any debt recovery or remedial actions against Waterfall Country Estate, Waterfall Schools, and Waterfall Fields. Nestled alongside the bustling Mall of Africa in Midrand, these developments now find themselves vindicated against what has been described as predatory fine practices by Johannesburg Water. IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
Yahoo
19-03-2025
- Automotive
- Yahoo
Council wants powers to encourage faster roadworks
A council is applying to the government for powers to charge companies up to £2,500 a day for works on key roads, so they get fixed more quickly. This would make Buckinghamshire Council one of the first authorities in the country to introduce a Lane Rental Scheme, which would apply to about 8% of roads in the county. Steven Broadbent, the council's member for transport, said it would lead to "more meaningful options in levying fines to encourage better behaviour from those working on our roads". Stuart Wilson, leader of the Independent opposition group, said "we welcome the scheme as residents are fed up with endless roadworks and unmanned traffic lights". If approved by the Transport Secretary, the scheme would complement an existing permit system operated by Buckinghamshire Highways, with charges applying to works promoted by utility companies and highway authorities. The council hopes this will encourage companies to move their works to less busy times, or complete them in a quicker timescale, to avoid accumulating charges and lengthy disruption to motorists. Similar schemes already exist in Kent, London, Surrey and West Sussex, and the Buckinghamshire model would apply to more 500 streets, with locations to be reviewed on a yearly basis. Broadbent, Conservative, said: "While we try to coordinate works to minimise pressures, over recent years we have seen a huge increase in permits for works - and despite the planning, the cumulative effects on road users is a source of frustration." He added: "Clearly, we cannot eradicate all delays and congestion, especially when it comes to emergency works, but this encourages those working on the roads to better plan their works to take place during less busy times." Wilson added that "utility companies need to pay the societal cost and do the work quickly and right, first time". Reform UK councillor, Paul Irwin, said: "For too long our residents have suffered at the hands of utility companies over-running and taking advantage of the rules. The new system will charge per day and make them work more efficiently, so I will be supporting this wholeheartedly." Susan Morgan, leader of the Liberal Democrats, said: "The lane rental scheme is a fantastic idea that emerged from the cross party income maximisation workshop, of which both myself and councillor Jonathan Waters were integral members." The authority hopes to submit its application to the Department for Transport by the end of the month. If successful, it could be implemented by the end of the year. Labour and the Green Party have also been approached for comment. Follow Beds, Herts and Bucks news on BBC Sounds, Facebook, Instagram and X. £13.4m funding approved for link road 'Crater' pothole could be fixed with extra £5m Lane Rental Schemes Buckinghamshire Council cabinet meeting
BBC News
19-03-2025
- Automotive
- BBC News
Buckinghamshire Council wants power to encourage faster roadworks
A council is applying to the government for powers to charge companies up to £2,500 a day for works on key roads, so they get fixed more would make Buckinghamshire Council one of the first authorities in the country to introduce a Lane Rental Scheme, which would apply to about 8% of roads in the Broadbent, the council's member for transport, said it would lead to "more meaningful options in levying fines to encourage better behaviour from those working on our roads".Stuart Wilson, leader of the Independent opposition group, said "we welcome the scheme as residents are fed up with endless roadworks and unmanned traffic lights". If approved by the Transport Secretary, the scheme would complement an existing permit system operated by Buckinghamshire Highways, with charges applying to works promoted by utility companies and highway authorities. The council hopes this will encourage companies to move their works to less busy times, or complete them in a quicker timescale, to avoid accumulating charges and lengthy disruption to schemes already exist in Kent, London, Surrey and West Sussex, and the Buckinghamshire model would apply to more 500 streets, with locations to be reviewed on a yearly basis. Broadbent, Conservative, said: "While we try to coordinate works to minimise pressures, over recent years we have seen a huge increase in permits for works - and despite the planning, the cumulative effects on road users is a source of frustration."He added: "Clearly, we cannot eradicate all delays and congestion, especially when it comes to emergency works, but this encourages those working on the roads to better plan their works to take place during less busy times." Wilson added that "utility companies need to pay the societal cost and do the work quickly and right, first time".Reform UK councillor, Paul Irwin, said: "For too long our residents have suffered at the hands of utility companies over-running and taking advantage of the rules. The new system will charge per day and make them work more efficiently, so I will be supporting this wholeheartedly."Susan Morgan, leader of the Liberal Democrats, said: "The lane rental scheme is a fantastic idea that emerged from the cross party income maximisation workshop, of which both myself and councillor Jonathan Waters were integral members."The authority hopes to submit its application to the Department for Transport by the end of the month. If successful, it could be implemented by the end of the and the Green Party have also been approached for comment. Follow Beds, Herts and Bucks news on BBC Sounds, Facebook, Instagram and X.
