Category Archives: Judicial

NPA Responds to the City Press article

The National Director of Public Prosecutions has noted the front page City Press article published yesterday; to the effect that Minister Gordhan will be charged before Christmas. The article in so far as it relates to the NPA is entirely without merit. The investigations are currently underway and are believed to be at an advance stage. Although charging an accused person is the prerogative of the police, a decision in respect of this matter will only be made once the investigation has been concluded. It…

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State Employee’s House Siezed

On 6 October 2016 a former employee of the Independent Development Trust (the IDT), Martha Baloyi, appeared in the Pretoria Specialised Commercial Crimes Court, Pretoria on charges of fraud. She was released on bail and the case was postponed to 4 November 2016. Baloyi, who was employed at the IDT as a Project Implementation Manager, had access to all the data of suppliers.  It was her responsibility to obtain quotations from suppliers on the relevant supplier data base in respect of specific services to be…

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NPA Decides to Prosecute Julius Malema For Incitement

Members of the media are advised that, the Acting Special Director of Public Prosecution and Head of Priority Crimes Litigation Unit, Dr Torie Pretorius SC, on the recommendation of the prosecutor and after having perused the evidence and consulted with the DPP: Free State, Advocate Xolisile Khanyile and the DPP: KZN, Advocate Moipone Noko decided to institute criminal prosecutions against  Mr Julius Sello Malema on two counts of incitement to commit the crime of trespassing for his address in Magaung on 16 December 2014 and…

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The matter between the Acting National Director of Public Prosecutions and Democratic Alliance

The NPA notes the order of the Constitutional Court dated 28 September 2016 that it is not in the interests of justice for the Court to hear the matter at this stage. It is clear that the Court was mindful of the pending petition to the President of the Supreme Court of Appeal by the President of the Republic. The leadership of the NPA is consulting with Senior Counsel in consideration of the way forward.

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Hawks

DPCI WELCOMES CONSTITUTIONAL COURT DECISION TO DISMISS HELEN SUZMAN FOUNDATION’S LEAVE TO APPEAL

The Directorate for Priority Crime Investigation (DPCI) welcomes the decision of the Constitutional Court to dismiss the application for leave to appeal by the Helen Suzman Foundation and the Freedom Under Law. The decision was handed down on Monday afternoon. Judge Tuchten of the Pretoria High Court had earlier dismissed the urgent interdictory relief against the National Head of the Hawks Lieutenant General Ntlemeza not to proceed with his responsibilities in the office. The National Head of the Hawks has always maintained that he was…

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NDPP DECIDES TO PROSECUTE COLONEL NAVIN MADHOE AND MR THOSHAN PANDAY FOR CORRUPTION

Members of the media are advised that on 02 September 2016, the National Director of Public Prosecutions, Advocate Shaun Abrahams decided to institute a criminal prosecution against Colonel Navin Madhoe and businessman Thoshan Panday for corruption in contravention of Section 3(b) of the Prevention and Combating of Corrupt Activities Act 12 of 2004. The charges relate to an incident where former KZN head of the Hawks, Genaral Johan Booysen was offered in excess of one million rand to backdate a report relating to the investigation…

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NPA STATEMENT ON ELECTION, POLITICAL AND PUBLIC VIOLENCE

The National Director of Public Prosecutions (‘NDPP’), Advocate Shaun Abrahams, is extremely concerned about the high levels of election, public and politically related violence in our country. In this regard, the NDPP has committed teams of highly experienced prosecutors to work closely with law enforcement agencies responsible for investigating election, public and political violence related crimes across the country. There is particular focus on incidents which took place in Limpopo, KZN and Gauteng. All matters relating hereto will be prioritised to ensure speedy finalization. Prosecutors…

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State Papers on NPA Decision To Appeal Sentence of Oscar Pistorius

The NPA has carefully considered the sentence handed to Mr Oscar Pistorius and has decided to file an application for leave to appeal in terms of section 316(1) of the Criminal Procedure Act 51 of 1977 against the sentence imposed by Honourable Judge Masipa in the Gauteng High Court, Pretoria, on 6 July 2016. The papers, which was filed today, contains all the information as to why the NPA has made this decision. Oscar Pistorius’ Sentence Appeal

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NPA applies for leave to appeal to the Constitutional Court

The NPA has decided to apply for leave to appeal directly to the Constitutional Court against the judgment and order of the Full Bench of the Pretoria High Court in respect of the Spy Tapes matter. Whilst the NPA initially hinted at approaching the Supreme Court of Appeal, the issue concerning leave to appeal was reconsidered afresh following the 16-page judgment refusing leave to appeal. This matter raises constitutional issues, particularly separation of powers. A further appeal to the Constitutional Court was inevitable. This matter…

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IFP

Battle Of Nkandla Ends In Justice

The unanimous judgment handed down today by the Constitutional Court has ended an inordinately costly two year process of back and forth in which the ruling party sought to use its parliamentary majority to protect the patently unlawful actions of its President. In light of this judgment and the statement of the Constitutional Court that the President has acted illegally, the only rational response from the ANC would be to ask the President of South Africa to step down. Reacting to the judgment, the Chief…

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NDPP Authorizes racketeering charges in the Cato Manor matter

Pretoria – Members of the media are advised that on 13 February 2016 the National Director of Public Prosecutions, Advocate Shaun Abrahams authorized the prosecution of Johan Booysen and twenty seven (27)  members of the Cato Manor Organised Crime Unit on Racketeering charges in terms of section 2 (4) of the Prevention of Organised Crime Act, 121 of 1998. The NDPP’s decision has been communicated to the accused’s legal representatives. The accused will appear in the Durban High Court on 19 February 2016.

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NPA forfeits the vehicle that was used by poachers to kill a rhino to the victim (Rehabilitation Centre for Infant Rhinos)

Pretoria – On Friday 29 January 2016 the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) obtained an order in the Pretoria High Court in terms whereof a Mazda pick-up vehicle (the Mazda) was declared forfeited to the victim of a rhinoceros poaching incident, namely the Care for Wild Africa Wildlife Rehabilitation Centre (Care for Wild Africa).  Petronella Nieuwoudt (Nieuwoudt) is the owner and manageress of Care for Wild Africa. Care for Wild Africa is a wildlife rehabilitation centre (the Centre) near Nelspruit,…

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Democratic Alliance lawsuit set for hearing on 2 February 2016

The case between the Democratic Alliance and the Government of SA (State President, Minister of Justice and Correctional Services and National Director of prosecutions), NomGcobo Jiba and the Advocates of SA has been set down for hearing on the 2nd of February 2016. Responding affidavit on behalf of the Government (State President, Minister of Justice and Correctional Services and Director of National Prosecutions) by Shaun Kevin Abrahams has been served on the DA The responding affidavit is available in three parts: Part One , Part…

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Oscar Pistorius accused of murder

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 96/2015 In the matter between: DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG     APPELLANT and OSCAR LEONARD CARL PISTORIUS                                 RESPONDENT Neutral citation:    Director of Public Prosecutions, Gauteng v Pistorius (96/2015) [2015] ZASCA 204 (3 December 2015) Coram:    Mpati P, Mhlantla, Leach and Majiedt JJA and Baartman AJA Heard:    03 November 2015 Delivered:    03 December 2015 Summary:    Criminal Law and Procedure ─ appeal under s 319 of Criminal Procedure Act 51 of 1977 ─ conviction on…

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NPA appeals Oscar Pistorius Judgement and Sentence

Child rapist sentenced to life imprisonment

Pretoria: The North Gauteng High Court sentenced Ben Masilo Maselane from Soshanguve to two life sentences in respect of one count of rape and murder. He was further sentenced to six years imprisonment for housebreaking with intent to kidnap and six years imprisonment for kidnapping. During the night of 10 February 2007, the accused came to the deceased home looking for her father and he was told that their parents were not home. The deceased ( a 7 year old girl) had been sleeping in…

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Police killer sentenced to 25 years

Pretoria –  Dimakatso Mametsa pleaded guilty to charges of murder, possession of an illegal firearm and a further charge of robbery with aggravating circumstances unrelated to the murder of Constable Baloyi. The Atterdgeville  regional court accepted his guilty plea on 5 November 2015 and sentenced the accused to 13 years imprisonment for murder, 12 years imprisonment for robbery and 10 years for possession of unlicensed firearm. Murder of a law enforcement officer when performing his or her functions carries a minimum of life sentence. In…

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Police

Israeli fugitive back in Randburg court today

Pretoria: 29 October 2015 – The South African Police Service’s Interpol Extradition Task Team will be vigorously opposing a bail application of an Israeli fugitive whom they (the task team) arrested earlier this month. Shay Moslie, a 33-year old Israeli national, who is facing charges of murder and attempted murder is alleged to be tied to the Israeli underworld. He was arrested by Interpol after a request for his extradition was received from the Israeli law enforcement authorities. He is wanted in his home country, where he is…

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Isaac Dibetso sentenced to triple life plus 195 years by the

Pretoria: Between May and September 2012, the accused approached vulnerable and unsuspecting women and offered to take them to a place where they will be hired. He will use a road that pass through a bush. Once in a secluded place he raped  and robbed them. He will thereafter bind them with wires and material. Some of them were bound to a tree and gagged with their own panties. The state argued that the offences were premeditated and planned, committed in the most savage and…

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VF+

Onttrekking uit Strafhof ontbloot SA as menseregte-skender

Deur te onttrek uit die Internasionale Strafhof is ʼn skuld-erkenning van die ANC dat hulle ʼn fout gemaak het om president Omar al-Bashir in Suid-Afrika toe te laat. Nou probeer hulle verder weghardloop van die gevolge van hierdie fout. President Mbeki het uit sy pad gegaan om die beeld van Suid-Afrika as ʼn mensereg- sensitiewe land te vestig en ons so ʼn gerespekteerde lid van die internasionale wêreld te maak. Die besluit van die Zuma ANC-regering om uit die Internasionale Strafhof te onttrek, vernietig hierdie…

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IFP

SCA Judgment On Hlaudi Motsoeneng A Victory For The Public Protector

The IFP has taken note of the judgment handed down by the Supreme Court of Appeal this morning in the SABC’s appeal against an order that its Chief Operating Officer, Mr Hlaudi Motsoeneng, be suspended and subjected to disciplinary action within the next 60 days. We are pleased that the appeal has been dismissed. This is indeed a victory for the Public Protector’s Office, the Constitution and the rule of law in South Africa. The Constitution empowers the Public Protector to investigate any improper conduct,…

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VF+

Appèlhof-uitspraak oor SAUK gee OB se bevinding oor Nkandla nuwe betekenis

Die Appèlhof se bevinding rakende Hlaudi Motsoeneng, bedryfshoof van die SAUK, het vandag ʼn breë rooi streep getrek deur president Jacob Zuma en die ANC se hantering van die Nkandla-skandaal tot dusver sê dr. Corné Mulder, hoofsweep van die VF Plus. Dr. Mulder sê die VF Plus verwelkom die uitspraak. Hy sê dit bevestig die oppergesag van die Grondwet sowel as die belangrikheid van alle Hoofstuk 9-instellings. “Die bevinding van die Appèlhof dat die Openbare Beskermer (OB) se bevindinge nie geïgnoreer kan word nie en…

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Hawks

Prosecutor nabbed for alleged corruption

Pretoria- A prosecutor at the Kimberly Magistrate’s Court found himself at the wrong side of the bench when he appeared at the same court on Tuesday for corruption. Anele Kohlani (32) was arrested on Tuesday soon after receiving R1 500 bribe money from an accused who wanted his case to be withdrawn. It is alleged that the accused was driving along the road with a group of people walking on the side when he accidentally bumped one of them with the mirror of his vehicle.…

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Summons for Deputy National Director of Prosecutions Served

Summons for Deputy National Director of Prosecutions Served

Pretoria – The NPA can confirm that today 24 March 2015 a summons was served on the National Director of Public Prosecutions, Mr Mxolisi Nxasana as the employer, in order for him to serve it on Deputy National Director of Public Prosecutions, Ms Nomgcobo Jiba, to appear on criminal charges in Regional Court 19, Pretoria on 21 April 2015. This was after the SAPS had made several attempts to serve the summons on Ms Jiba, but she had failed to co-operate with them in their…

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Suspects nabbed for rhino poaching related crimes appear in court

Attorneys Amendment Bill

The legal profession in this country remains an un-level and non-uniform playing field. The profession, it can be said, “has had it too good for too long” From the exorbitant legal fees charged by Senior Counsel and established law firms to the non- cooperation of some law societies which see lawyers protected at client expense and strife. With Senior Counsel charging anywhere between twenty and fifty thousand per day, and this excludes the daily fee of the instructing attorney, we see adequate legal redress beyond…

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NPA appeals Oscar Pistorius Judgement and Sentence

NPA appeals Oscar Pistorius Judgement and Sentence

Pretoria – Since the 20th of 0ctober 2014 the prosecution team, Adv Gerrie Nel and Adv Andrea Johnson, have been hard at work studying the judgement, researching and also consulting with legal experts with the view to establish whether or not there are sufficient grounds to appeal both the judgement and sentence. Today we announce that the decision to appeal both the conviction and sentence has been taken. The appeal on conviction is based on the question of law. The merits and the demerits of…

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