Judges emphasise that procedural fairness must be upheld By Tania Broughton A magistrate ruled that a husband accused of abuse by his wife must leave the family home. The Western Cape High Court overturned the magistrate’s ruling. When evicting an alleged abuser in a case of domestic violence an informed assessment must be made and basic fairness applied, the judges ruled...
Security company wants report to be redacted if it is to be released By Elna Schütz Judgment has been reserved in an application for access to a report investigating claims of torture at the Mangaung Correctional Centre in Bloemfontein. The Centre for Applied Legal Studies (CALS) made a request for the information to the Department of Correctional Services (DCS) in 2014, following media...
Watchdog to present annual report on Thursday following findings of statistical manipulation By Daneel Knoetze The Independent Police Investigative Directorate (IPID) presents its annual report to Parliament on Thursday. The meeting will be overshadowed by revelations that IPID has a long track record of closing and completing cases prematurely to clear cases from the workload and inflate performance statistics. This week, following an exposé by...
But bill has been waiting for the president to sign it into law since at least April By Linda Daniels Aphiwe Nomandla is a second year computer science student at the University of the Western Cape. To date, the cost of prescribed textbooks for his course ranged from R799 to R3,985. He said most students could not afford to buy the required...
Survivors of rape need better support within the criminal justice system, say civil society organisations By Mary-Anne Gontsana “We need a sexual offences court in Khayelitsha immediately,” Nombulelo Sithilanga of Thuthuzela Care Centre told a panel discussion at the Isivivana Centre last month. According to Crime Stats SA, 444 sexual offences cases, including 367 cases of rape, were opened at the three main...
“The court will see who is lying and who is telling the truth” By Zoë Postman Land occupiers from Tswelopele Extension 8 in Tembisa, East of Johannesburg, are applying for an interdict at the North Gauteng High Court in Pretoria to prevent the Ekurhuleni Metropolitan Police Department (EMPD) from evicting them. The 118 households want their demolished homes rebuilt and to be compensated...
Charges dropped against prominent public interest lawyer Richard Spoor By John Yeld Charges against prominent public interest lawyer Richard Spoor have been withdrawn. Spoor was charged with unlawfully and intentionally assaulting a police general “by pointing him with a finger”; disobeying an order by the police general to “keep quiet and not advance to the podium”; and “waiving hands” at an unnamed MEC (actually a...
Court rules that a trial isn’t needed, but Lucky Montana and others must have an opportunity to give their side By Zoë Postman The case between Passenger Rail Agency of South Africa (PRASA) and Siyangena Technologies will not be referred to trial. But the PRASA officials accused of corruption in PRASA’s founding affidavit will be allowed to submit affidavits to the court...
Victory for Social Justice Coalition may result in poorer areas getting more officers By Thembela Ntongana and GroundUp Staff Judge MJ Dolamo of the Cape High Court (sitting as the Equality Court) has declared that the allocation of police resources in the Western Cape unfairly discriminates on the basis of race and poverty. The ruling came on Friday morning, and is a victory for...
Ten Social Justice Coalition members who chained themselves to Cape Town civic centre will not have criminal records 19 November 2018 By Zoë Postman The Constitutional Court has ruled that the failure to give notice of a protest should not be made a criminal offense. The judgement, delivered on Monday morning in a case that has become known as the SJC10, was unanimous....