Thursday, September 29, 2011
Secrecy bill could scare off investors - King
Former Supreme Court of Appeal Judge Mervyn King on Thursday said the Protection of Information Bill could scare off foreign investors and could result in capital flooding out of the country.
He said the proposed legislation is a threat to freedom of expression and has been giving the country a bad name abroad.
Judge King said we cannot attract investors if we have this bad publicity.
He also said there are corrupt dealings that have been made public.
The bill has been the centre of controversy, with opposing groups suggesting that it will allow corruption to continue.
(Edited Tshepiso Moche)
( MSN )
Wednesday, September 28, 2011
News team stunned by F-word
by Pauli van Wyk
Johannesburg – The news team at Talk Radio 702 said they were too shocked to react to the on-air rant by newsreader Mark Esterhuysen.
According to Eyewitness News editor-in chief, Katy Katopodis, the controller, producer and call screener all froze for some time before cutting off Esterhuysen, who by then had managed to use the F-word about four times.
A longer 41-second clip could be heard on social networks, in which the 23-year-old used the F-word 13 times in a general rant slamming racism, capitalism, fascism, ANCYL president Julius Malema, the state, amongst others, as well as promoting his blog and social media platforms.
Katopodis said that the news controller responded as quickly as possible under the circumstances.
Katopodis told Beeld that security guards escorted Esterhuysen out of the building after his rant as they were unsure of what he would say next.
She said she was truly worried about his mental state and said it was not normal that someone lost control like that over the radio.
Esterhuysen responded on Twitter saying he had no regrets about what he had done.
His contract with 702 was terminated immediately following the rant. He had been working at the station since May and was previously a news presenter on Pretoria University’s radio station, Tuks FM.
Read more on: mark esterhuysen | radio
South Africa..........History and still a great place to be !
F-word puts MP on the map
Nando's were quick off the mark with this topical print ad.
Cape Town - The word "fuck" has put DA MP Dianne Kohler-Barnard on the map.
Nando's has just launched an advertisement based on her faux pas in the National Assembly last week.
It is currently being circulated on the internet, and reads: "Dianne, there only one place where it's OK to use fowl language."
Thanks to the fiery MP, a new code has been created for the inflammatory word. It goes: "You can go and DKB (Dianne Kohler Barnard)" or "Do a Dianne".
Apparently this code is especially popular in the Free State, committee members said when Kohler-Barnard returned to parliament on Wednesday after her brief period of silence.
Wearing fire engine red
Dressed in fire engine red, one of her favourite colours, she sat down behind her laptop for an early morning meeting of the parliamentary portfolio committee on policy.
The DA and the speaker of the National Assembly suspended Kohler-Barnard for five parliamentary work days last Wednesday for saying "fuck " in Parliament.
At least Kohler-Barnard hasn't been completely unproductive during her "off time".
"Anyone who thinks I was putting my feet up doesn't know me at all. I never stopped [working]. I was on my computer and on the phone the entire time," she said on Wednesday.
She received more than 100 e-mails from people commenting on her foul language. The fiasco has made her one of the most infamous and well-known DA MPs.
No worries over apology
"Yes, of course I shouldn't have said that. But sometimes the pressure is so intense and the yelling and screaming so unbearable that you can't help but react. But I should have waited until I was outside [the National Assembly]."
Kohler-Barnard will apologise to parliament unconditionally next Tuesday afternoon when the National Assembly reconvenes.
She isn't having any sleepless nights about the apology.
"I'll stand up and read the sentence out loud. And that will be that."
- Die Burger
Read more on: parliament | da | dianne kohler barnard
Nuusleser afgedank weens sy ‘&!&!!@**!’ op die lug
Druk artikel e-pos artikel Deel
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Jou selfoon Jou Facebook-profiel Pauli van Wyk
’n Nuusleser van Talk Radio 702 is gisteroggend in die pad gesteek nadat hy in ’n nuusbulletin vloekende te velde getrek het teen verskeie instellings.
Mark Esterhuysen (23) het die oggend-bulletin gister 01:00 begin lees en toe skielik van die nuus afgewyk.
“F*k rassisme, f*k die varke wat Andries Tatane doodgemaak het, f*k die AWB, ons is almal diere wat vry behoort te lewe, f*k kapitalisme en f*k hierdie graveyard shift-slawerny- str**t ... ” het Esterhuysen in Engels geskel voordat hy ook ’n draai by mnr. Julius Malema en die petrolprys gegooi het.
Die geskokte programkoördineerder kon uiteindelik, ná die tirade wat sowat 40 sekondes geduur en waarin
Esterhuysen ook sy blog en Twitter-profiel geadverteer het, ’n liedjie gryp en die ongewone nuusbulletin onderbreek, het Katy Katopodis, groepredakteur van Eyewitness News (EWN), gesê.
“Veiligheidswagte het Mark uit die gebou geneem omdat ons nie kon vertrou wat in daardie stadium nóg uit sy mond kon kom nie.
“Ek is werklik bekommerd oor sy geestelike toestand. Dit is nie normaal dat iemand net so oor die radio beheer verloor nie.”
Volgens Katopodis beskou die radiostasie dié uitbarsting as ’n bedanking, maar sy het ook in ’n brief aan Esterhuysen gesê dat sy dienste voortaan nie meer benodig word nie.
“Ek kon hom nog nie sedert die voorval in die hande kry nie,” het Katopodis gesê.
Esterhuysen het in Mei as junior nuusleser by die radiostasie begin werk nadat hy verlede jaar ’n graad in joernalistiek aan die Universiteit van Pretoria verwerf het. Hy was ook ’n nuusleser by Tuks FM 107.2.
Hy kon nie gister vir kommentaar bereik word nie, maar het op sy Twitter-profiel gesê hy is nie jammer oor die rampspoedige nuusbulletin nie.
“Moenie glo wat die kapitaliste en rassiste sê nie. Dis al vir nou.”
Enkele minute voordat hy sy nuusbulletin sou lees, het hy ook getwiet: “NOU het ek rigting.”
Esterhuysen beskryf homself op sy Facebook-profiel as ’n “vyand van die staat”.
“Ek hou nie van die polisie nie. Ek is lief vir anargie en my medediere.
“Ek dink pasifiste is vol str**t. Pasifisme en vrede is nie sinoniem nie.
“Ek is militant en ek is radikaal. As jy nie daarvan hou nie, f*k jou.”
Cele to visit cops shot in robbery
Cele: Police killings must end
Presidency dismisses Cele rumours
Police want billboard of baddies
Mthatha - National Police Commissioner General Bheki Cele was expected to visit the six policemen who were critically wounded during a shoot-out with robbers at a grocery store in Bizana in the Eastern Cape on Wednesday, said police.
"The general will fly to the Eastern Cape shortly and make his way to St Patrick Hospital and then to the Shoprite in Bizana," said spokesperson Colonel Vish Naidoo.
Naidoo could not confirm the conditions of the policemen or whether anyone had been killed.
The shooting took place on Tuesday. Several people caught in the crossfire were injured by stray bullets, the SABC reported earlier.
"I am getting conflicting information at the moment and therefore do not want to comment yet," said Naidoo on Wednesday morning.
Police received a tip-off on Tuesday that the local Shoprite in Bizana was being robbed. When the officers arrived, a gang carrying AK-47s, opened fire.
A hunt had begun for the robbers.
Read more on: police | bheki cele | east london | crime
SAPS lost 1,335 firearms in 2010/2011 - Nathi Mthethwa
09 September 2011
167 firearms recovered, new measures put in place to stem the problem
FOR WRITTEN REPLY
QUESTION NO 1384
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 MAY 2011
(INTERNAL QUESTION PAPER NO 13- 2011)
Date reply submitted: 06 September 2011
1384. Ms D Kohler-Barnard (DA) to ask the Minister of Police:
(1) (a) How many police firearms have been (i) lost and (ii) stolen in total in the past five financial years, (b) what is the breakdown of this number in terms of (i) handguns, (ii) shotguns and (iii) rifles and (c) how many of these firearms were (i) semi- and (ii) fully automatic;
(2) whether any of these firearms have been recovered; if so, for each specified category, (a) how many firearms have been recovered and (b) what was the average time frame for the recovery of the firearms?
(1)&(2)The following losses and recoveries were reported on the Provisioning Administration System (PAS) which is used as the Asset Register for all SAPS Firearms:
FIREARM TYPE CATEGORY
(Other category include parts of firearms i.e. barrels which is not a complete firearm but deemed to be a firearm in terms of the Firearms Control Act)
With reference to you question, I have in previous years supplied Parliament with the figures for weapons lost during those financial years and refer you to my answer to these questions. The figures for the period prior to 2010/11 are also available in SAPS annual reports
As from 1 September 2010, a policy decision was taken by the Divisional Commissioner Supply Chain Management to only use information from the official system, the PAS. The Divisional Commissioner has also communicated that data integrity is an issue but has since made progress in enhancing the area especially in the area of SAPS firearms.
The classification in terms of lost or stolen of firearms is based on the Loss Management System. All losses recorded on the asset register are programmatically reported to the Loss Management System. However the classification - lost or stolen - still provides the SAPS with data integrity issues. Systems amendments are currently underway to avoid this issue and a project will be implemented when the system amendment is activated to correct the outstanding information with regard to the area of not yet classified.
In addition I wish to draw your attention to the fact that the department has over the last 18 months been putting in place measures to reduce the number of weapons stole or lost by SAPS members which include:
IBIS testing of all weapons
Stricter controls on reporting and checking of weapons
Improving sanctions procedures and processes in instances where SAPS officials loose weapons
Reply to question 1384 approved by the Minister.
Issued by Parliament, Septmber 9 2011
Prime suspect in Lolly Jackson murder found dead
Camilla Bath | 1 Hour(s) Ago
Eyewitness News has learnt that a man thought to be the prime suspect in the murder of Lolly Jackson was found dead on Wednesday.
The body of Mark Phillip Andrews was found in Brackendowns on the East Rand.
It is understood he suffered a gunshot wound but it is unclear whether he was murdered or committed suicide.
Andrews was identified as the owner of the account into which murdered Teazers lawyer Ian Jordaan was allegedly forced to transfer R1.8 million after he was apparently kidnapped.
He was a former protégé and business partner of the strip club king.
Jordaan's burnt out car and a body believed to be his were found near Hekpoort west of Johannesburg last week.
Meanwhile, it has also been suggested that Andrews may have shot himself because the police turned their focus to him in their investigations into the murders of both Jordaan and Jackson.
(Edited by Tshepiso Moche)
‘Lawyer killed because of relationship with Jackson’
Mandy Wiener | 6 Day(s) Ago
Friends of murdered attorney Ian Jordaan on Wednesday said they suspect he was kidnapped and killed because of his relationship with slain strip club owner Lolly Jackson.
Jordaan’s burnt out car and body were found near Krugersdorp in the early hours of Wednesday morning.
It is understood R1.8 million that he was holding for Jackson was transferred out of his account.
Jackson put the money down as security as part of a civil court case over a club in Cresta.
Jordaan was lured to a meeting with a client and hours after disappearing, his burnt body was found.
He could only be identified by dental records.
Other sources in Jordaan’s circle of friends agree the murder was a result of his relationship with the strip club owner.
Demi Jackson 'shocked' by firearm test results
Mandy Wiener | 10 Jun 2011
Lolly Jackson's wife Demi on Friday said she was shocked by reports that a gun belonging to a senior police officer could have been used to kill her husband.
The Mail & Guardian has reported that Major General Joey Mabasa was under investigation after tests revealed that his firearm was allegedly used in the murder.
Jackson, the founder of the Teazers chain, was killed in Kempton Park in 2010.
His widow Demi said her husband never mentioned Mabasa's name and the reports that his gun may have been used came as "a bit of a shock".
"I’m not really sure what to think or what to believe... but I just want the cops to start doing their job and getting answers for me,” she added.
However, questions linger about whether or not Mabasa's gun was used in the crime. The weapon was stolen from him just days before the murder.
Jackson's post-mortem showed that only bullet fragments were recovered, which can not conclusively show which gun was used in the crime.
(Edited by Dennis Georgiannis)
EYE WITNESS NEWS - DENNIS GEORGIANNIS
Comments by Sonny
This Saga will get so interesting it will let the Brett Kebble murder seem like an
Alice in Wonderland comic!
The who's Who EWN Show!
Yes, the PM was not conclusive!
One Black Widow - Plenty in her web!
Tuesday, September 27, 2011
Cop, businessman in court over 'R60m graft'
CANAAN MDLETSHE |
27 September, 2011 00:27
The Durban businessman accused of trying to bribe KwaZulu-Natal Hawks boss Major-General Johan Booysen to backdate a crucial document in a R60-million corruption case made his first court appearance yesterday.
Toshan Panday and policeman Colonel Navin Madhoe have been charged with corruption and defeating the ends of justice.
Panday was arrested at OR Tambo International Airport shortly after his arrival from Lusaka, Zambia, on Saturday in connection with an alleged attempt to pay a R2-million bribe to Booysen.
Madhoe, who headed the police's provincial supply chain management office, was arrested during a sting operation on September 8 after allegedly dropping a suitcase containing more than R1.3-million in cash into Booysen's car.
Panday has been under investigation for allegedly colluding with top policemen to inflate by up to 400% police bills at hotels and bed-and-breakfast establishments during the World Cup. Madhoe allegedly rigged procurement processes to ensure that all police accommodation deals went to companies linked to Panday.
The court was expected to proceed with Madhoe's bail application yesterday. However, the state asked to be given at least three days to "investigate some aspects in order to formulate grounds to oppose bail".
But Panday's advocate, Jimmy Howse, argued that it was in the interest of justice that the bail applications of both men be heard simultaneously.
Prosecutor Bheki Manyathi told the court that the National Intelligence Agency had found that Booysen's life had been threatened and that the state wanted to investigate whether witnesses' lives would be at risk if the accused were granted bail.
Howse said Panday was aware of his imminent arrest while in Zambia.
( Times Live )
Hawks Swoop On Tycoon
September 26 2011 at 05:00pm
BUSINESSMAN Thoshan Panday, who was arrested over the weekend on allegations that he attempted to bribe KwaZulu-Natal Hawks head Johan Booysen, will appear in court in Durban today.
Panday – a suspect in a R60 million police accommodation tender probe – was arrested at Joburg’s OR Tambo International Airport on Saturday, on his return from Zambia where he was reportedly doing business.
Yesterday, police from Durban drove to Joburg to fetch him for this morning’s court appearance.
Accompanied by two policemen, he arrived in the afternoon at Brighton Beach police station, where he was detained last night.
Panday said nothing as he was led into the police station and tried to look away when he realised that the media were waiting for him.
His arrest follows a “sting operation” in which supply-chain management policeman Colonel Navin Madhoe allegedly attempted to bribe Booysen to backdate a document – allegedly on Panday’s instructions.
If successful, the document would have suggested that the police had accessed Panday’s bank accounts before applying for and receiving search warrants, and it would have tainted all evidence the police had then seized.
Madhoe was arrested moments after he put a suitcase containing R1.3m into Booysen’s car. It is alleged that a further R700 000 was to be paid later.
Madhoe would also appear in the Durban commercial crime court this morning, when the State is expected to indicate whether it would oppose bail being granted.
Last year, The Mercury revealed that after the probe into the alleged scam had been initiated, Panday had paid for a 40-guest birthday party for Brigadier Lucas Ngobeni, husband of provincial police commissioner Lieutenant-General Mmamonnye Ngobeni.
The party took place at The Dish Restaurant on May 29, 2010.
Last week, The Mercury reported on the contents of two documents written by one of the investigating officers in the probe, in which it is alleged that, just four days after it was launched, Ngobeni had ordered in April last year that the probe be discontinued.
It was only officially resurrected once investigators appealed directly to national Hawks head General Anwa Dramat.
Ngobeni has denied any knowledge of Panday funding her husband’s party.
She declined to comment on the further allegations that she had stopped the investigation, saying that the matter was now sub judice.
Magistrates 'use tactics of accused'
September 2011 | Anna Majavu
'EXTREMELY DISPLEASED': Magistrates charged with crimes are sometimes only suspended three years later
MAGISTRATES who have appealed their murder, fraud and theft convictions are still getting full salaries after the Magistrates' Commission put their disciplinary hearings on ice pending their appeals.
Parliament's justice committee said in a report tabled this week that it was also "extremely displeased" that magistrates charged with crimes are sometimes only suspended three years later.
The committee is set to meet the commission tomorrow to discuss its concerns.
Magistrates Itumeleng Morake of Lichtenburg in North West and Lefa Maruwa of Daveyton, Gauteng, had been convicted on charges dating from 2007, but "the disciplinary cases are still to be heard since they were postponed on the basis that the criminal convictions are being appealed against" the report said.
While the magistrates were suspended they "continued to receive their salaries and benefits", the report said.
The committee warned that magistrates might have picked up tips on how to use "delaying tactics" from accused in their own courtrooms.
Apart from taking a long time to set up disciplinary inquiries, the commission also failed to suspend magistrates as soon as they were charged with serious crimes.
Polokwane magistrate Ronnie Rambau was arrested in February 2010 on charges of corruption but was only provisionally suspended nine months later.
According to the report Rambau, a prosecutor and an attorney, had "arranged the outcome of a trial by pre-determining the sentence for financial reward".
The Times has previously reported on Umlazi magistrate Michael Masinga, who assaulted his wife with a blunt axe, kicked her and threatened to kill her in March 2009.
Masinga, who has since been convicted of attempted murder, was suspended in February 2010, but his disciplinary inquiry was only scheduled for August 2010.
He delayed the inquiry for seven months by not showing up at some hearings, and by arguing that the disciplinary case should be put on hold until his criminal case had been finalised.
"It is untenable for a magistrate who has been formally charged on a criminal offence to remain in office for more than a year before being suspended" the report said.
The report also said magistrate Dawid Jacobs, who was suspended on 10 charges of misconduct for being drunk in court, had been arrested for drunken driving after he was suspended. But even he has not been axed because he asked Justice Minister Jeff Radebe to allow him to vacate his office for health reasons.
The committee has asked the Magistrates' Commission to report back on its request to national director for public prosecutions, Menzi Simelane, that criminal cases involving magistrates be speeded up.
According to the report, the commission also promised that once magistrates are convicted, they would have to give good reasons why their salaries should not be suspended.
( Sowetan )
Saturday, September 24, 2011
Say it with a sting...Time for a lekker braai on Heritage Day!
Slow ...Medium....FastView first image Saturday 24 September is Heritage Day. It is also national braai day!
Gallo and other Images
Saturday 24 September is Heritage Day. It is also national braai day!
We as South Africans love a lekker braai. Be it chops, chicken, ribs, steak or a potjie - nothing beats a good braai with friends and a couple of cold beers.
Here we take a look at some famous South Africans who have enjoyed a braai or two over the years, as well as a few ideas for what you can put over the coals on Saturday.
Enjoy your Heritage Day, but please, stay safe and DON'T drink and drive...
Thursday, September 22, 2011
JOHANNESBURG, SOUTH AFRICA - Sep 21 2011 21:00
0 Comments and 8 Reactions
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A car crash in Hekpoort, north west of Johannesburg, could explain media reports that slain Teasers boss Lolly Jackson's lawyer had been kidnapped and killed, Gauteng police said on Wednesday.
Captain Pinky Tsinyane said police had followed up on an Eyewitness News report that Ian Jordaan's burnt body had been found in his car in Kurgersdorp after he was kidnapped and forced to pay R1.8-million.
The only plausible explanation was an accident reported in Hekpoort, said Tsinyane.
"The bakkie overturned and caught alight under a bridge in Hekpoort. We [police] don't know who was in the bakkie and where he was going. The body was burnt beyond recognition," she said.
Tsinyane said she could not confirm that the burnt body was that of Jordaan. DNA tests would have to be conducted.
According to an Eyewitness News report, Jordaan was lured to a meeting with clients on Tuesday evening, and when he did not return home his fiancee became worried.
A close friend of his, who did not want to be named, told the radio station that Jordaan had been forced to transfer R1.8-million into an account.
The money allegedly belonged to Jackson, who had asked the lawyer to hold it for him before he was killed in 2010. Jordaan was involved in wrapping up Jackson's estate.
Jackson, who owned the Teazers franchise of strip clubs, was found murdered at a house in Edleen, near the OR Tambo International Airport, on May 3 last year. -- Sapa
Mail & Guardian
Comments by Sonny
Just another Brett Kebble 'look alike' murder or a plain accident?
Our money is on the suspected murder because Jordaan could identify his
It would appear as if he was knocked by the infamous West Rand Knockers and not the
Do these Criminals have a 'get out of jail' ticket!
Or rather a stay out of jail attitude!
If you feed with dogs, expect some fleas....!
JOHANNESBURG, SOUTH AFRICA - Sep 22 2011 08:51
Suspended crime intelligence boss Richard Mdluli has handed himself over to authorities and appeared in the Commercial Crimes Court in Pretoria, the Hawks said on Thursday.
"He appeared on fraud and corruption charges ... yesterday [Wednesday]," said spokesperson McIntosh Polela.
He could not provide any further details. Mdluli was reportedly released on a warning after his appearance on Wednesday.
In March, he appeared in the Boksburg Magistrate's Court in connection with a 1999 love-triangle murder and was released on R20 000 bail.
Mdluli and three others were implicated in killing his ex-lover's husband. At the time, Mdluli was the station commissioner at the Vosloorus police station.
They are charged with intimidation, three counts of kidnapping, two counts of assault with intent to do grievous bodily harm, attempted murder, and conspiracy to commit murder.
Mdluli faces an additional charge of defeating and obstructing the course of justice.
In his bail application, Mdluli argued the charges against him were fabricated as a result of a conspiracy against him by two senior police officials who tried to derail his promotion to the crime intelligence division.
He said people were trying to get rid of him because former president Thabo Mbeki's camp was trying to take over police intelligence ahead of the 2012 ANC conference.
Mdluli and his co-accused are due back in court next Friday. - Sapa
Mail & Guardian
Comments by Sonny
If A PHOTO could only have painted this picture.........
EVAN PICKWORTH JOHANNESBURG, SOUTH AFRICA - Aug 16 2011 07:04
0 Comments and 4 Reactions
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While viruses, worms and Trojans continue to be the preferred weapons of choice for cyber criminals, new forms of fraud are emerging that are making bank cyber fraud even more lucrative than the drug trade.
Stieler van Heerden from Ukuphepha Consulting told the southern African internal audit conference on Monday that the Russian mafia was now making more money from banking fraud than drug cartels were making from their illegal activities.
He says cyber fraud has become a $1-trillion industry, with a survey of 50 multinationals in the US showing they are losing $5.9-million a year each.
He says new code infections are able to send spam data to large organisations and internet businesses, while there are moves to encrypt GSM phone networks.
Another major risk is the growth in usage of open source weapons like the Stuxnet virus that is freely available online for download.
"We have a lot of action, but not a lot of measurement to determine the relevance of the action," he said.
He said real world data analysis needed to improve to determine what will reduce infection rates. -- I-Net Bridge
Mail & Guardian
Comments by Sonny
White Collar Crimes are tantamount to Social Terrorism!
The ANC finds it hard to accept this assumption.
We all wonder WHY?
Identity Theft is a National sport in SA and the rest of the World!
Wednesday, September 21, 2011
Judge pulls out of Porritt skirmish
September 21 2011
A South Gauteng High Court judge who was due to hear an unusual application for the recusal of the lead prosecutor in a criminal trial, took both the prosecuting team and the defence by surprise yesterday when she announced that she was recusing herself because she feared she might be biased on the matter.
Judge Geraldine Borchers recused herself from an application in which prominent lawyer Kemp J Kemp, who represented President Jacob Zuma in his rape and corruption trials, would argue that the lead prosecutor, Etienne Coetzee, should recuse himself from the trial of Gary Porritt and Sue Bennett. The duo are charged with defrauding Tigon investors of R150 million.
The trial has been dragging on since January 2006 because of preliminary legal skirmishes. Judge Borchers said the accused had been before her for five and half years.
“The accused and I have interacted at length during this period. I have formed a certain impression at this stage that I will not bring an impartial mind into the matter,” she said.
Gauteng Judge President Bernard Ngoepe will now appoint a new judge to hear the application.
Kemp lodged an application for Coetzee to recuse himself in terms of section 137 of the Criminal Procedure Act, which relates to an irregularity and a recusal on the grounds of appearance and bias. Porritt said in October 2009 that the SA Revenue Service (Sars) was paying Coetzee’s fees, that Coetzee was in private practice, and that Porritt and Bennett believed the agency did not have the mandate to fund the trial.
“We believe he is on a R300 000 retainer per month, which Sars does not have the authority to do. The National Prosecuting Authority (NPA) is the sole authority to conduct prosecutions,” Porritt said.
Coetzee is assisted by NPA member Jan Ferreira. The accused’s application is opposed by Paul Louw, also a senior advocate with the NPA.
Porritt and Bennett, who face 3 160 charges, have delayed the hearing of the substantive issues of the case mainly by pleading penury and applying for legal aid representation after spending R23m on the legal skirmishes.
Porritt said the legal costs had been funded by certain trusts of which he was a discretionary beneficiary. Since then, those trusts had resolved to withdraw their financial support and to distance themselves from the criminal trial.
Legal Aid South Africa required Porritt and Bennett to complete a standard form briefly setting out their financial positions. They declined to do so and their applications were refused.
Legal Aid South Africa succeeded in an appeal at the Supreme Court of Appeal against a decision by Judge Borchers to invoke a provision of the Legal Aid Act that empowers a court to direct that a person be provided with legal representation at state expense after having taken into account the personal circumstances of the person concerned, and the nature and gravity of the charge.
But the Snowden Farm Trust, of which Porritt’s children are the beneficiaries, has undergone a sudden change of mind and is now funding the application to have the prosecutors recuse themselves.
And Kemp, a senior advocate, does not come cheaply, apparently charging R25 000 a day per appearance, at the least.
Today the Supreme Court of Appeal (SCA) upheld an appeal by the Legal Aid Board (LAB) against a judgment by Borchers J in the Johannesburg High Court that it provide legal aid to Gary Porritt and Sue Bennett who have been indicted together with various companies that they represent on a total of 3 160 fraud charges. Both Porritt and Bennett are on bail. The former's bail was fixed at one million Rand, an amount subsequently reduced to R800 000. And Bennett's bail was fixed in the amount of R100 000.
Although they first appeared before Borchers J during January 2006, the criminal trial proper is yet to get under way. When they initially appeared in the High Court they were legally represented by counsel and an attorney of their choosing. Since May 2007 they have been without legal representation. Until then, they spent some 23 million Rands on various preliminary legal skirmishes. According to Porritt those legal costs were funded by certain trusts of which, as he puts it, he was a discretionary beneficiary. Since then those trusts, so he says, have resolved to withdraw their financial support and to distance themselves from the criminal trial.
They accordingly made application to the LAB for legal representation at State expense. It was required to complete a standard form briefly setting out their financial position. They declined to do so and their applications were accordingly refused by the LAB.
During September 2008, Borchers J decided to invoke the provisions of section 3(b) of the Legal Aid Act that empowers a court to direct the a person be provided with legal representation at state expense after having taken into account the personal circumstances of the person concerned, the nature and gravity of the charge and any other factor which in the opinion of the court should be taken into account. Borchers J directed the LAB to furnish her with a report contemplated by that section and Porritt and Bennett to answer a number of questions pertaining to their personal circumstances.
On the strength of the information that served before her, Borchers J concluded that Porritt and Bennett had shown themselves to be indigent as defined she accordingly directed the LAB to provide each with two practitioners, who were to be remunerated at the maximum fee permitted by the Legal Aid Guide, to represent them in their criminal trial. Later the Judge clarified that all four practitioners to be appointed by the LAB to represent Porritt and Bennett were to be advocates in private practice and not employees of the LAB.
The SCA held that a court undertaking such an enquiry must ask itself two questions: first, would substantial injustice ensure were the accused to proceed to trial without representation and, if so, second, could the costs of that representation be borne by the accused from his or her own resources? The first in this case proved uncontroversial. The criminal trial, if and when it eventually starts is likely to be a complex one. The indictment runs to over 1 400 pages. In excess of 3 000 witnesses are expected to testify. It is anticipated that approximately 1 million pages of documentary material will have to be read in preparation for trial and that the trial is expected to last in the region of 3 years. Against that backdrop there could hardly be any dispute that Bennett and Porritt will require legal representation and that the trial would be rendered unfair were they to appear in person. For the SCA, the second question proved more troublesome. It accepted that Borchers J, to her credit, was concerned at the delays that had plagued the trial since inception and motivated by a desire that the trial commence and proceed to conclusion as soon as possible. But having analysed their responses to the learned Judge's questions, the SCA concluded that it illustrated a complete lack of candour onthe part of both Bennett and Porritt. The SCA accordingly concluded that Borchers J had been wrong in finding that Bennett and Porritt had shown themselves to be indigent as defined.
The SCA proceeded then to consider whether Borchers J had the power to order the LAB to provide each of the respondents with two advocates in private practice to be remunerated in accordance with the maximum rates permitted by the Legal Aid Tariff. The SCA held that in that regard Borchers J had misconceived the nature and scope of her power and it refused to endorse that order.
Edited by: Creamer Media Reporter
Lolly's lawyer kidnapped, killed - report
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Johannesburg – Murdered Teazers boss Lolly Jackson’s lawyer, Ian Jordaan, has reportedly been kidnapped and killed, Eyewitness News reported on Wednesday.
EWN tweeted: “EWN has learnt Lolly Jackson's attorney has been kidnapped and killed. His burnt out car and body found near Krugersdorp.”
It was alleged that the kidnappers forced Jordaan to transfer them R1.8m, which belonged to Jackson. Jackson had asked Jordaan to keep money for him before he was murdered last year.
Jordaan was involved in wrapping up Jackson’s estate.
The police and the Hawks have not confirmed the incident.
Read more on: ian jordaan | lolly jackson | johannesburg | crime | abductions