Date: Current

Court Proceedings

 

Last Updated : 2008-09-13

Court Diary
Court cases to diarise

Judgments Pronounced

Schabir Shaikh : Director of Star Corp SA, Nkobi Holdings, Thomson-CSF (Southern Africa) and African Defence Systems (ADS)
--  Corruption; Fraud, alternatively theft, alternatively contravening the Companies Act; Corruption, alternatively money laundering, alternatively contravening the Prevention of Organised Crime Act; Contravening the Income Tax Act. To appeal Guilty finding.

2006-09-25

Jacob Zuma : Ex-Deputy President of South Africa.
-- 4 Counts of Corruption.

2006-09-05

Shauket Allie Fakie : Auditor-General
-- Access to Arms Deal Records under Promotion of Access to Information Act  

2006-02-15

Jacob Zuma : Ex-Deputy President of South Africa.
--  Rape

2006-02-13

Department of Defence
-- Access to Arms Deal Records under Promotion of Access to Information Act 

2006-02-07

Adv Selby Baqwa SC : Former Public Protector
--  Defamation against R.M. Young. 

2005-09-26

Lawrence Mushwana : Public Protector
--  Access to Arms Deal Records under Promotion of Access to Information Act in terms of Court Order.

2005-08-05

CCII Systems (Pty) Ltd vs Minister of Defence, Armscor, ADS
--  Plaintiff has instituted an action for damages it claims to have suffered as a result of the award of contracts to other companies for the supply of systems that will be fitted to four corvettes to be built and supplied to the South African Navy - the new infamous "Arms Scandal". The defendants have each excepted to the Particulars of Claim.

2005-01-27

Pharmaceutical Society of South Africa
-- Medicines and Related Substances Act - Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances - validity - legality (ultra vires) - Leave to appeal - failure of court of first instance to make order within reasonable time - effect.

2004-12-20

Minister of Defence : Mosioua Lekota
--  Access to Records under Promotion of Access to Information Act. 

2004-08-31

Shauket Allie Fakie CA (SA) : Auditor-General
--  Contempt of Court for not providing Access to Records under Promotion of Access to Information Act in terms of Court Order.

2004-08-10

Seelan Naidoo : Undertook to obtain and deliver to CI Systems certain documentation and undertook to re-imburse CI Systems the funds advanced by it in the event the documentation was not obtained by Mr Naidoo.
--  CI Systems claimed for re-imbursement of funds advanced to Mr Naidoo in terms of an oral agreement.

2004-05-26

Sechaba Photoscan : Unsuccessful tenderer in Transnet tender process
--  Loss of prospective profits claimed as damages for Transnet's fraudulent conduct.

2004-04-01

Adv Yunis Shaikh : Representative of Workers College who own 10% of the shares of Nkobi Holdings (Pty) Ltd who in turn own 25% of Thomson-CSF (SA) (Pty) Ltd who in turn own 80% of African Defence Systems (Pty) Ltd
--  Defamation against R.M. Young. 

2003-07-09

Terry Crawford-Browne : Economists Allied for Arms Reduction (ECAAR-SA)
--  Nullification of the loan agreements signed by Finance Minister Trevor Manual which gives effect to the Arms Deal.
--  Application for Cancellation of the Arms Deal.  
--  Application for leave to appeal against the judgment on 2004-03-04. The previous appeal had been directed to the wrong parties. 

2003-03-19
2004-02-17
2004-05-05

Michael Woerfel : Suspended head of European Aeronautic Defence and Space Company (EADS), formally Daimler-Chrysler Aerospace (DASA) 
--  Corruption and fraud charges against him are linked to the 47% discount he gave to Yengeni on a luxury vehicle from an arms company that benefited from South Africa's controversy-plagued arms procurement deal. 

2003-03-19

Tony Yengeni : Former African National Congress chief whip 
--  Corruption and fraud charges against him are linked to the 47% discount he received on a luxury vehicle from an arms company that benefited from South Africa's controversy-plagued arms procurement deal.

2003-03-17
2003-02-13 

S.A. Fakie CA(SA) NO, Adv S.A.M. Baqwa SC NO, Adv B.T. Ngcuka NO : Auditor-General, Public Protector, National Director of Public Prosecutions
--  Application for review in respect of the Auditor-General's refusal to grant access to records under the Promotion of Access to Information Act.

2003-03-13
2002-11-15 

RAdm(JG) J.E.G. Kamerman : Corvette Project Director, Department of Defence
--  Application for rescission of judgment for defamation against R.M. Young.

2003-03-04
2002-09-17 

Ian Pierce : Director of Futuristic Business Solutions (Pty) Ltd (FBS), FBS Holdings (Pty) Ltd, Ian Pierce Consulting (WC) (Pty) Ltd
--  Ignoring summons to appear before investigators. Also giving false evidence and failing to provide documents about the financial affairs of Futuristic Business Solutions (FBS) of which he is a director.

2002-12-11

 


 

Defendants

Schabir Shaikh
Nkobi Holdings (Pty) Ltd
(As represented by Schabir Shaik)
Nkobi Investments (Pty) Ltd
(As represented by Schabir Shaik)
Kobifin (Pty) Ltd (As represented by Schabir Shaik)
Kobitech (Pty) Ltd (As represented by Schabir Shaik)
Proconsult (Pty) Ltd (As represented by Schabir Shaik)
Pro Con Africa Consultants (Pty) Ltd (As represented by Schabir Shaik)
Clegton (Pty) Ltd (As represented by Schabir Shaik)
Kobi Transport Systems (Pty) Ltd (As represented by Schabir Shaik)
Floryn Investments (Pty) Ltd (As represented by Schabir Shaik)
Thomson-CSF SA (Pty) Ltd (As represented by Schabir Shaik)

Accused nr 1
Accused nr 2
Accused nr 3
Accused nr 4
Accused nr 5
Accused nr 6
Accused nr 7
Accused nr 8
Accused nr 9
Accused nr 10
Accused nr 11

Plaintiff

The State

Charges
When Trial postponed from :

21 January 2002
to 27 May 2002
to 27 November 2002
to 10 April 2003
to 27 June 2003

Final Hearing Date : 11 October 2004

Where Durban
Court Regional Court

Judgment A

Found Guilty on two charges of Corruption and one charge of Fraud.

Shaik to appeal judgment.

Matter

Application for a warrant giving the state control over Shaik's assets, worth more than R34m, in the arms manufacturing company that profited from the multi-million rand arms deal.

When 18 January 2006
Where Durban
Court High Court

Court Documents

Judgment B

Defendant ordered to pay the State.

Matter

Application to appeal the judgment of Judge Squires, dated 2005-05-31.

When Original Appeal Hearing Date : 2006-08-21 to 2006-08-25
Appeal Hearing Postponed to : 2006-09-25 to 2006-09-29
Where Bloemfontein
Court Supreme Court of Appeal (SCA)

Judgment C

Prison Sentence

Appeal to all 3 charges dismissed. Prison sentence to start in 48 hours from judgment.

Matter

Application to appeal against the SCA's order

When Unknown
Where Braamfontein
Court Constitutional Court

Documents

Judgment D

The Schabir Shaik Story

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Defendants

Jacob Gedleyihlekisa Zuma
Thint Holding (Southern Africa) (Pty) Ltd

(formerly known as Thomson-CSF Holding (Southern Africa) (Pty) Ltd) (hereinafter also referred to as Thomson Holdings) (as represented by Pierre Jean-Marie Robert Moynot)
Thint (Pty) Ltd (formerly known as Thomson-CSF (Pty) Ltd
(hereinafter also referred to as Thomson (Pty)) (as represented by Pierre Jean-Marie Robert Moynot)

Plaintiff

The State

When 2006-07-31
Postponed until 2006-09-05
Where Durban
Court High Court
Charges
  • Corruption
  • Corruption, alternatively receiving an unauthorised gratification by a person who is party to an employment relationship
  • Corruption, alternatively money laundering, alternatively acquisition, possession or use of proceeds of unlawful activities
  • Corruption, alternatively money laundering, alternatively acquisition, possession or use of proceeds of unlawful activities

Other Details

Affidavits re Conspiracy Theory :

Judgment Corruption case was struck off the roll.

SCA Judgment

Media summaries : Appeal application concerning seized documents in Mauritius

The Jacob Zuma Story

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Appellant

Shauket Allie Fakie NO
Auditor-General

Respondent

CI Systems

When

15 February 2006

Where

Bloemfontein

Court

Supreme Court of Appeal

Matter

Appeal by Appellant against judgment by de Vos J in favour of Respondent in respect of contempt of court in terms of Court Order granting Access to Respondent to Arms Deal Records under Promotion of Access to Information Act and 30 day jail sentence for such contempt.

Court Documents

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Defendants

Jacob Gedleyihlekisa Zuma
Ex-Deputy President of South Africa

Plaintiff

The State

When 13 February 2006
Postponed until 06 March 2006
Where Witwatersrand Local Division

Court

High Court

Charge

Rape

Judgment

Not guilty of rape, that is, but the judgment (pp 172 - 173) found that he was not innocent of having had poor judgment.

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Appellant

Department of Defence

Respondent

CI Systems

When

7 February 2006

Where

Pretoria

Court

High Court

Matter Appeal by Appellant against judgment by Southwood J in favour of Respondent in respect of Court Order granting Access to Respondent to Arms Deal Records under Promotion of Access to Information Act.

Court Documents

Judgment

Application for leave to appeal is refused.

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Defendant

Adv Selby Baqwa SC
Former Public Protector

Plaintiff

Richard Young

When

2005-09-26
Continue 2005-09-15
Continue 2005-05-31
2004-08-19

Where Pretoria
Court High Court
Matter Defamation against R.M. Young.

Judgment

Dismissed with costs.
Application for Leave to Appeal pending.

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Respondent

Lawrence Mushwana  
Public Protector

Applicant

CI Systems

When 5 August 2005
Where Pretoria
Court High Court

Application

under Promotion of Access to Information Act 2 of 2000

Matter Application for review in respect of the Public Protector's refusal to grant access to records under the Promotion of Access to Information Act.

Judgment

None - withdrawn.

Defendant conceded matter to Applicant ten days before hearing on 2005-07-27, provided copy of record acknowledged to be held by it and which it had not previously provided to Applicant and offered to pay Applicant's legal costs. *1

*1 Note : The document withheld by the Office of the Public Protector was a copy of the Public Protector's draft Report on the Investigation into the Arms Deal. Its reason was that this record had previously been provided by the Office of the Auditor-General and that it was an abuse by the Applicant of the Promotion of Access to Information Act to get two copies of the same record from two separate entities.

Not only is this contention wrong in principle, but the fact in this specific case is that the version of the draft report of the Public Protector as provided on 2003-05-16 by the Auditor-General is discernably different to the version of the draft report of the Public Protector as provided on 2005-07-27 by the Office of the Public Protector.

This is despite the averment contained in a sworn affidavit by the assigned officer of the Office of the Public Protector that there was only one document that could be called a draft report by the Public Protector and that this document had already been provided to the Applicant.

Prima facie, this is commonly known as perjury.

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Respondent

Mosioua Lekota
Minister of Defence

Applicant

CI Systems

When 31 Augustus 2004
Where Transvaal Provincial Division
Court High Court

Matter

This is an application in terms of sections 78 and 82 of the Promotion of Access to Information Act, 2 of 2000 ("the Act") for an order directing the respondent to produce and furnish to the applicant copies of records pertaining to the subsystems to be installed on Corvettes ordered by the Department of Defence for use by the South African Navy.
Judgment

Ordered in favour of Applicant.

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Plaintiff

CCII Systems (Pty) Ltd

Defendants

Minister of Defence
Armaments Corporation of South Africa Limited
African Defence Systems (Pty) Ltd

When 02 February 2004
Where Transvaal Provincial Division
Court High Court of South Africa

Matter

Plaintiff has instituted an action for damages it claims to have suffered as a result of the award of contracts to other companies for the supply of systems that will be fitted to four corvettes to be built and supplied to the South African Navy - the new infamous "Arms Scandal". The defendants have each excepted to the Particulars of Claim.

Judgment
Defendants South African Department of Defence (DoD)
Armaments Corporation of South Africa Ltd (Armscor)
African Defence Systems (Pty) Ltd (ADS)
Plaintiff CCII Systems (Pty) Ltd (CI Systems)
When 16 April 2007 to 22 June 2007
Where Pretoria
Court High Court, Transvaal Provincial Division
Matter Action for Damages in the amount of R149 259 852 plus interest at 15,5% per annum in respect of Arms Deal tender irregularities involving Corvette Combat Suite
Judgment Out of court settlement.

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Appellant

Pharmaceutical Society of South Africa

Respondent

Minister of Health, New Clicks South Africa and Dr Manto Tshabalala-Msimang

When 30 November 2004
Where Cape of Good Hope Provincial Division
Court Supreme Court of Appeal

Matter

Medicines and Related Substances Act - Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances - validity - legality (ultra vires) - Leave to appeal - failure of court of first instance to make order within reasonable time - effect.

Judgment

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Defendant

Shauket Allie Fakie CA (SA)
Auditor-General

Plaintiff

CI Systems

When 10 August 2004
Where Pretoria
Court High Court
Matter Contempt of Court for not providing Access to Records under Promotion of Access to Information Act in terms of Court Order.

Judgment

Guilty of Contempt of Court.

30 day prison sentence suspended for four weeks by which time he must have fully complied with the order of Hartzenburg, J.

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Defendant

Seelan Naidoo
Undertook to obtain and deliver to CI Systems certain documentation and undertook to re-imburse CI Systems the funds advanced by it in the event the documentation was not obtained by Mr Naidoo.

Plaintiff

CI Systems

When 26 May 2004
Where Durban
Court Magistrate's Court
Matter

CI Systems claimed for re-imbursement of funds advanced to Mr Naidoo in terms of an oral agreement.

Judgment

Judgment for CI Systems as claimed in the Particulars of Claim together with interest thereon as claimed with costs.

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Plaintiff

Sechaba Photoscan
Unsuccessful tenderer in Transnet tender process

Defendant

Transnet

When 01 April 2004
Where Bloemfontein
Court Supreme Court of Appeal
Matter

Appeal brought by Transnet Ltd against a Johannesburg High Court judgment ordering it to pay damages to an unsuccessful tenderer in a tender process that Transnet admitted was irregular, fraudulent and dishonest.

Judgment

Transnet's appeal was dismissed with costs.

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Defendant

Adv Yunis Shaikh
Representative of Workers College who own 10% of the shares of Nkobi Holdings (Pty) Ltd who in turn own 25% of Thomson-CSF (SA) (Pty) Ltd who in turn own 80% of African Defence Systems (Pty) Ltd

Plaintiff

R.M. Young

When 09 July 2003
Where Cape Town
Court High Court
Matter Defamation against R.M. Young.

Judgment

Plaintiff was awarded R150 000 in damages for defamatory statements.

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Plaintiff Terry Crawford-Browne
Economists Allied for Arms Reduction (ECAAR-SA)

Defendant

President of RSA, Minister of Finance, National Government of RSA, Speaker of Parliament,
Public Protector, National Director Public Prosecutions, Auditor-General

When 19 and 20 March 2003
Where Cape Town
Court High Court
Matter

Seek to attack validity of some of the financial transactions forming part of Arms Deal. At this stage Applicant seeks discovery of certain documents relating to transcations.

Judgment

ECAAR was successful in obtaining access to the documents containing the advice of the International Offers Negotiating Team and the Financial Working Group.

Plaintiff Terry Crawford-Browne
Economists Allied for Arms Reduction (ECAAR-SA)

Defendant

President of RSA, Minister of Finance, National Government of RSA, Speaker of Parliament,
Public Protector, National Director Public Prosecutions, Auditor-General

When 17 and 18 February 2004
Where Cape Town
Court High Court
Matter

Application for an order reviewing and setting aside the decision taken by Respondents in January 2000, to enter into foreign loan agreements in order to finance the Arms Deal and declaring the Arms Deal to be of no force and effect.

Judgment

ECAAR-SA's review application is dismissed with costs.

Plaintiff Terry Crawford-Browne
Economists Allied for Arms Reduction (ECAAR-SA)

Defendant

President of RSA, Minister of Finance, National Government of RSA, Speaker of Parliament
Public Protector, National Director Public Prosecutions, Auditor-General 

Date

05 May 2004

Where Cape Town
Court High Court
Matter

Application for leave to appeal against the judgment on 2004-03-04.

Judgment

Application for leave to appeal dismissed with costs.

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Defendant

Michael Woerfel
Suspended head of European Aeronautic Defence and Space Company (EADS), formally Daimler-Chrysler Aerospace (DASA)

    Was initially to appear with Tony Yengeni, former African National Congress chief whip, cases separated after Yengeni pleaded guilty to fraud.

Plaintiff

State

When 19 March 2003
Where Pretoria
Court Special Commercial Crimes Court
Matter Corruption and fraud charges against him are linked to the 47% discount he gave to Yengeni on a luxury vehicle from an arms company that benefited from South Africa's controversy-plagued arms procurement deal.

Judgment

State withdrew charges charges of corruption against Woerfel on the basis that they had withdrawn identical charges against co-accused Yengeni. Woerfel found "not guilty" on all counts.

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Defendant Tony Yengeni
Former African National Congress chief whip

    Was initially to appear with Michael Woerfel, suspended head EADS, (European Aeronautic Defence and Space Company), cases separated after Yengeni pleaded guilty to fraud.

Plaintiff

State

When 13 February 2003
Where Pretoria
Court Special Commercial Crimes Court
Matter Corruption and fraud charges against him are linked to the 47% discount he received on a luxury vehicle from an arms company that benefited from South Africa's controversy-plagued arms procurement deal.

Other Detail

Trial postponed from :

    09 July 2002
    to 16 January 2003
    to 11 February 2003
    to 12 February 2003.

Initiated his defence in isiXhosa, requiring a translator, but the next day switched to English after the plea bargain was accepted.

Judgment A

Plea bargained with the State; pleaded and found guilty on secondary charge of fraud on condition that primary charge of corruption was dropped.

Defendant

Tony Yengeni
former African National Congress Chief Whip

Plaintiff

State

When 17 or 19 March 2003
Where Pretoria
Court Specialised Commercial Crimes Court
Matter Sentencing for defrauding Parliament.

Judgment B

Sentenced to 4 years in prison.

  • Notice of Appeal
Defendant

Tony Yengeni
former African National Congress Chief Whip

Plaintiff

State

When 21 August 2006
Where Bloemfontein
Court

Supreme Court of Appeal

Matter Application for appeal refused.

Prison Sentence

He was sentenced to four years' imprisonment under a special article in the Criminal Procedure Act that allows prison authorities to release him under correctional supervision after serving one-sixth of his sentence - in this case eight months. He was to start serving his prison sentence at Pollsmoor prison on Thursday, 2006-08-24.

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Respondents

S.A. Fakie CA(SA) NO : Auditor-General
Adv S.A.M. Baqwa SC NO : Public Protector
Adv B.T. Ngcuka NO : National Director of Public Prosecutions

Applicant

CI Systems

When

15 November 2002

Where Pretoria
Court

Pretoria High Court

Application

Under Promotion of Access to Information Act 2 of 2000

Matter

Application for review in respect of the Auditor-General's refusal to grant access to records under the Promotion of Access to Information Act.

Judgment A

In favour of Applicant, the First Respondent was ordered to make available those records to which no objection was raised, within a stated period of time, and in respect of the balance of the records of the reduced record, to identify them and state the reasons why access may or must be refused and in respect of which portion of the record it is to be refused.

  • Notice of Appeal 
Applicant

S.A. Fakie CA(SA) NO : Auditor-General

Respondent

CI Systems

When 13 March 2003

Time

09:30

Where Pretoria
Court High Court
Matter

Request for appeal against judgment in favour of CCII Systems (Pty) Ltd in respect of refusal by Auditor-General to grant access to records under Promotion of Access to Information Act of 2000.

Judgment B

Withdrawn by Applicant (Auditor-General).

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Defendant

RAdm(JG) J.E.G. Kamerman
Corvette Project Director, Department of Defence

Plaintiff

R.M. Young

When

17 September 2002

Where Pretoria
Court

High Court

Matter

Defamation against plaintiff R.M. Young, claiming plaintiff "breached national security".

Judgment A

Judgment in favour of plaintiff R.M. Young and damages of R250 000 plus costs awarded.

  • Application for rescission of judgment
Defendant

RAdm(JG) J.E.G. Kamerman
Corvette Project Director, Department of Defence

Plaintiff

R.M. Young

When 04 March 2003
Where Pretoria
Court High Court
Matter Application for rescission of judgment for defamation against R.M. Young.

Judgment B

Application for rescission unopposed. Rescission granted.
  • Defamation trial to be set down for later in the year.

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Defendant

Ian Pierce
Director of Futuristic Business Solutions (Pty) Ltd (FBS), FBS Holdings (Pty) Ltd, Ian Pierce Consulting (WC) (Pty) Ltd

Plaintiff

State

When

11 December 2002

Where Pretoria
Court

Specialised Commercial Crimes Court

Charge

under National Prosecuting Authority Act

Matter

Ignoring summons to appear before investigators. Also giving false evidence and failing to provide documents about the financial affairs of Futuristic Business Solutions (FBS) of which he is a director.

Judgment

Found "not guilty" on all accounts.

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