Let this be our aim for 2014

I suggest to you that our new year's resolutions should be extremely simple - that is why I chose this one for 2014: "See to it that you complete the work you have received in the Lord."  It calls for a Christian work ethic which is desperately lacking in our fractured rainbow nation. We've got work to do. Let us do it with gusto, honestly and diligently! Christ Jesus is our aim.&nbs...

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PREVIOUS CONVICTIONS FOR CRIMINAL OFFENCES?

Do you have a Police record for criminal offences that are older than 10 years? You can have it now expunged and go on with a clean slate as it were. You may try your hand at it by doing it yourself or you may contact me - see my contact details on my bl...

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SAPS: Who are the real criminals?

  This is NOT a Police General. Neither is it General Phiyega! Neither is it General Finished and Klaar!   BEELD Monday 28 October 2013 page 8.   The author of the above article in BEELD of Monday 28 October 2013 asks the same question? I suggest that Krejcir & even Agliotti might have some valuable clues to these questions.   ...

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Cabinet Minister was lying to Parliament! Shame on you!

The report in today's BEELD [17 October 2013] on page 6 tells this story of the honourable Dina Pule who was fined by Parliament for telling lies. She had to pay one month's salary and she was kicked out of Parliament for one month. . She was supposed to disclose assets - but she failed to do so. Now Prof Ben Turok is reported to have said that the real question about this lady is whether she will be honest this time. This is very bad and...

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Constitutional Court Judges About Turn - Trustworthy?

Look what is happening in our highest court in the land: The Constitutional Court. These two judges [Chris Jafta & Bess Nkabinde] who started it all, and who were initially very adamant about their allegations, are now turning their coats - so it seems to me from the side-bar. I suspect that the next thing we will see are photographs of them similar to the one I will post below. And you will remember that it is a real photo...

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Police Officers who are convicted murderers!!!

In today's BEELD 19 August 2013 page 4 there is this report that there are 54 police officers who were convicted of murder - and they are still on the job as police officers in the SAPS. How on earth is that possible? These murderers are being protected by officers that are still higher up - how else?...

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It takes a thief to catch a thief - applicable on the South African Police Service

  Not even safe in the hands of the SAPS! In today's BEELD [15 August 2013] and at page 4 there is an article about the convicted criminals who are Police officers - one of which a major-general. There are apparently more than 300 of them working today looking after our safety! One can become flippant about this situation - the Police Services will just shrug and continue regardless! This situation was disclosed by Lt-Genl Nkrumah...

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HIGH COURT RULING AGAINST DEMOCRATIC PRINCIPLES THAT THE MAJORITY SHALL GOVERN!!!!!

BEELD 31JULY 2013 It is reported that the chief wip of the ANC in Tlokwe said that Tuchten J's ruling in favour of the DA in the on-going saga in Potchefstroom Municipality is against the democratic principle that the majority shall govern. This person does not have the slightest idea what law is about - and to top it all, he gets paid and he is in a very powerful position. The members of the ANC joined forces with the DA to oust the mayor...

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Judge Maqubela died while having sex with call girl & THE BANGLADORE PRINCIPLES OF JUDICIAL CONDUCT

  Not how a judge should operate The Times Live newspaper of 28 August 2012 filed this report about the Judge who was found dead in his home. His wife is on trial for this killing. The allegations that are made during this trial is a case in point about the applicability of the Bangalore Principles of Judicial Conduct for inter alia judges. I think it is absolutely deplorable and horrendous that there these type of...

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THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT 2002

  Constitutional Court Emblem  This is to my mind the high water mark for judicial conduct not only for judges, but for all magistrates, chairmen of tribunals [domestic or international] and practising lawyers, be they practising advocates or attorneys specifically in the R.S.A. You can download the PDF format of the entire document – google “the Bangalore principles of judicial conduct 2002” and you will find it. It is interesting...

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Chief Justice Mogoeng Mogoeng again took flak for his recent address to Advocates for Transformation. It came in the form of a letter to Business Day by constitutional law expert, Professor George Devenish, who wrote that both the content and tone of the Chief Justice’s address – made in his official capacity – have serious implications for judicial independence,. Devenish pointed out that in his address, the Chief Justice, without mentioning names, used emotional and powerful language in relation to those who are challenging the modus operandi...

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Couple got divorced to "save" their relationship!

Can you believe this lot? This couple got a divorce in the Free State High Court to "save" their relationship. The judge was in a pickle - not even as an advocate she had something like this. What to do with this? The husband told the court it is a matter of confidence - while they are married they can always threaten divorce and that creates havoc in their relationship. Does that then mean that if they are no longer married they cannot separate?...

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Back to Prison.

Not a nice newspaper report to read. Gert Van Schalkwyk & Reinach Tiedt should go back to prison after spending about 18 months outside. You probably remember the so-called Waterkloof 4? The guys that were found guilty of murdering an unidentified man in a Pretoria park and sentenced to do time in prison. Then the mentioned two were let out on correctional supervision. Yesterday 12 June 2013 Mr Justice Fabricius delivered the court's judgment...

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REFUGEE APPEAL BOARD

Constitutional Court Emblem I appeared yesterday [10 June 2013] at the Refugee Appeal Board [RAB] on behalf of a refugee. On 6 December 2012 Mr Justice Fabricius in the matter of MAIL & GUARDIAN MEDIA v CHIPU Case number 22645/2011 declared the rules in terms of which the RAB operates, invalid from 6 December 2012.  These guys are still operating under these invalid rules. And they are oblivious of the declaration!!! The matter...

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Keys to unlock the law

I  once wrote and said that the law can be a closed book. Some one asked me if that being the case, how can it be opened? The keys to unlock the law are many and varied. It starts off with one's academic education, then experience and closely & inextricably linked to that is the lawyer doing his homework as best he can. That is why I am very proud of my law library - you look at the very heart of my practice. Those are extremely valuable...

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Oscar Pistorius: gruesome pictures

I saw this morning on the Huffington Post UK blog-site photographs of the toilet where Reeva Steenkamp was shot. If these images are in fact from that scene, there is a lot to give account about. News24 mentions that the Pistorius legal team already got onto this and requested answers from the police. Of course the police is still looking into this and we cannot expect them to come up with a cogent answer so soon - if ever! It is noteworthy that,...

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Bloodnose for the National Prosecuting Authority

The National Prosecuting Authority got a blood nose yesterday. One of the lessons to be learnt form this fiasco is that if you prosecute a senior advocate with the likes of Glynnis Breytenbach, you should do your homework exceptionally well. Let's hope that the authorities will listen. Go to iol.co.za and search her name or National Prosecuting Authori...

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Accused/suspects: not enough evidence

A suspect, Johnathan Davids walked out of Bredasdorp Magistrate's Court after the National Prosecuting Authority withdrew charges of inter alia rape against him. The main reason, so it seems to me, is that there was not enough evidence against him. If that is the case, so be ...

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This a small part of my law library - it was a childhood dream to have something like this and to sit and do my own research. Yes - I do have to resort to outside sources as well, but it is the rare occasion. I have built it up since I started practising 1979....

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  The law can be a closed book. Knowledge & experience unlock it...

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Go, visit a court and sit, listen and observe - any court.

Have you ever sat in a court to listen and to see what is going on there? If not, why not? Or do you do as so many others do? Watch the dramatic stuff on TV? I am not referring to movies – I am referring to real murder trials such as the one about the murder of Eugene Terre’blanché. I strongly recommend that you should visit a court soon. Just the other day a person said to me that he often wondered whether he would be allowed to go in and just sit and listen. It is open to the public – except when it is held in camera for instance when...

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“Beware what you write on social and/or business websites such as Linked-In.”

If you write and post things on the ever present social or business websites it might come back at you to bite you. Caveat subscriptor – beware you signed something; or nowadays I shall rephrase tha to mean: “beware what you write on social and/or business websites such as Linked-In.” This case is about old friends that I have discussed earlier on – the one’s name “restraint of trade” and the other is “confidentiality agreements.” I venture to say that most high flyer businessmen are acutely aware of these these two friends. Well – I am not going to...

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Assistance to victims of crime

When you are a victim of a criminal act, you are at the mercy of the criminal system and how it is applied by law enforcement officials, be it the SAPS and/or prosecutors and the like. Be extremely careful what these officials will tell you and they will tell you a lot of stories. One story is that you don't need a lawyer to assist you - they will do that! It is not the whole truth; only partially truthful. Of course you may sail it solo - at your peril.  And there are thousands who do exactly that - they go it alone, unassisted and without...

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Law Practice

The aim of my blog is to interact with my readers - I want to share with you snippets about the law and the legal fraternity.  I work with and for people.   The law is not a chemical process or a mechanical process. A mechanism is at  the whim of the user or the abuser. For instance, a light switch, does not think. It does what it is supposed to do: it connects electricity and you have a reaction. Chemical? Try  a teaspoon of tabasco on your tongue. That is chemical and it is instantaneous. The law is not like that...

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