Author: Kennedy Mudzuli

A legal battle emerged in the Gauteng High Court, Pretoria involving the rights to pension benefits following a contentious divorce and untimely death. The case, which has stirred discussions about the complexities of divorce law and pension distribution, centres around the claims against the Government Employee Pension Fund (GEPF), raised fundamental questions about entitlement and the legal implications post-divorce. The applicant and the deceased —who were married in community of property on 13 April 1991—found themselves at opposite ends of a legal spectrum shortly after their divorce proceedings, which the applicant claims she was unaware of, were finalised in January…

The appeal by Sibongiseni Fano Gwala, who was convicted of multiple counts of rape of minors and robbery, has been dismissed. The High Court in KwaZulu-Natal, Pietermaritzburg, delivered its judgment on 22 November 2024, upholding a life sentence for each of the three counts of rape and 15 years for robbery. Gwala was convicted in the Regional Court of Inkanyezi in June 2021 after being found guilty of raping three young females, all under the age of 16, and further charged with an aggravated robbery. The evidence presented illustrated a harrowing account of how the girls, returning from school, were…

Acting Judge Cajee AJ of the Gauteng High Court, Johannesburg, has ordered the trustees of the Amarosa Aftree-Oord Trust to repay R1,274,000 to the estate of the late Gabor Szabo, along with accrued interest and legal costs. This decision stems from an application filed by Johannes Lodewickus Venter Szabo, who is serving as executor for his late father’s estate. The case centres around a contract made in 2014 between the Szabo family and the Amarosa Aftree-Oord Trust, whereby the Szabos secured a lifelong occupational right to a unit in the retirement village of Amarosa. In exchange, the Szabos provided a…

The High Court’s Limpopo Division in Polokwane has overturned the conviction of a 17-year-old child offender, who was initially found guilty of culpable homicide in a tragic stabbing incident that occurred in September 2023. At the heart of the case was a confrontation between the child offender and the now deceased, who, along with his friends, escalated tensions that originated at their shared school. The altercation, which was ignited by verbal insults, quickly turned physical. According to testimony presented during the proceedings, the child offender was surrounded and assaulted by the now deceased and others, who initiated violence against him.…

The Eastern Cape High Court, Gqeberha has mandated the Summer Shuttle Services Pty) Ltd to pay R66,544 to the estate of the late Zamokuhle Madaka, stemming from a disputed taxi service operation following his death in July 2023. The court also set in motion a comprehensive investigation into the financial handling of the deceased’s taxi revenues, which has seen an array of legal wrangling between parties involved. The urgent application initiated by the estate sought to clarify and compel payments due for the use of three Toyota Quantum taxis registered under the deceased’s name. The applicant, Landile Philiso, who represents…

The Passenger Rail Agency of South Africa (PRASA) has faced a significant judicial setback following the judgment regarding its treatment of employee Pholile Hoyo. In a ruling delivered in November, the Labour Appeal Court in Cape Town has ruled PRASA’s actions constituted unfair discrimination based on race, as well as unequal pay for equal work, in violation of the Employment Equity Act. This legal battle began when Hoyo, who has been associated with PRASA since 1999, filed a grievance in July 2016 after he was appointed as the Production Manager in Culemborg, but was allegedly denied an acting allowance while…

The High Court of South Africa’s Mpumalanga Division has granted a mother the permission to permanently relocate her minor daughter to Mauritius. This ruling comes following a contentious custody dispute with the child’s father, who opposed the move, citing a lack of prior consultation. The case revolves around the upbringing of the minor child, who was born on 5 April 2012 from a relationship between the applicant and the respondent. The couple’s relationship deteriorated shortly after the birth, leading to a complex custody arrangement. In 2015, they entered into a parenting plan awarding primary care and residence to the mother,…

The Bloemfontein High Court has upheld the life sentence of Tshokolo David Lesetla, affirming the conviction for the dreadful rape of a seven-year-old girl. This landmark decision, handed down on 14 November 2024, serves as a powerful reminder of the justice system’s dedication to protecting vulnerable witnesses, particularly children, in the face of horrific crimes. This harrowing case dates back to an April evening in 2010, when the young victim was sent on a simple errand to buy a soft drink—a mundane routine that would lead her into the clutches of Lesetla. Instead of a harmless trip, she was lured…