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 and ordered these two murderers to go back to jail.

I ask the question what about Shabir Shaik? Is he still alive? Death was imminent - he was terminally ill.

Read More

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 then proceeded to the Constitutional Court where it was argued on 14 May 2013. Judgment was reserved.

My matter was postponed pending the outcome of the Constitutional case. But they proceeded with all the other matters. I was informed that since 6 December 2012 the RAB continued regardless of the judgment of Fabricius J in the above matter!!

What next?

Read More

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 keys - I cannot do without it.

Read More

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, according to the reports in News24, the legal team accepted on face value that these images are in fact of the crime scene. May we also accept that it is from the scene?

This image was downloaded from Huffington Post UK

Read More

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 Authority.

Read More

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 it.

Read More

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.

Read More