Court Diary

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. The Schabir Shaik Story	2006-09-25
Jacob Zuma : Ex-Deputy President of South Africa. -- 4 Counts of Corruption. The Jacob Zuma Story	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 C²I² Systems certain documentation and undertook to re-imburse C²I² Systems the funds advanced by it in the event the documentation was not obtained by Mr Naidoo. -- C²I² 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	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 Indictment Summary of Substantial Facts State's Reply to the Request for Further Particulars List of State Witnessess
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. Judgment on Admissibility Judgment by Judge Squires 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	Heads of Argument : Application for a Confiscation Order
Judgment B	Defendant ordered to pay the State. Judgment (1 784 KB PDF)

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	Appeal Petition Ruling
Prison Sentence	Appeal to all 3 charges dismissed. Prison sentence to start in 48 hours from judgment. Appeal Judgment (Supreme Court of Appeal President Craig Howie) Full Text of Shaik Appeal Judgment Summary

Matter	Application to appeal against the SCA's order
When	Unknown
Where	Braamfontein
Court	Constitutional Court
Documents	Affidavit : Du Plooy Affidavit : Hoffmeyer Affidavit : McCarthy State's Heads of Argument opposing appeal (458 KB PDF) State's Heads of Argument i.t.o. Prevention of Organised Crime Act (295 KB PDF)
Judgment D	Appeal Judgment (268 KB PDF) Appeal Judgment - Media Summary
The Schabir Shaik Story

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	Zuma Trial Documents Affidavits re Conspiracy Theory : Affidavit : McCarthy Affidavit : Pikoli Affidavit : Maduna Affidavit : Ngcuka
Judgment	Corruption case was struck off the roll. An application for the issuing of a letter of request in terms of Section 2(2) of the International Co-operation in Criminal Matters Act, No 75 of 1996 Zuma Judgment - 2008-09-11 Judgment Extracts
SCA Judgment	Media summaries : Appeal application concerning seized documents in Mauritius Zuma vs NDPP Thint vs NDPP NDPP vs Zuma/Hulley NDPP vs Mahomed Constitutional Court Judgment re Zuma/Hulley/Thint Search and Seizures Warrants Thint/Zuma Final Judgment Mauritian Documents Final Media Summary Mauritian Documents Final Judgment Zuma/Thint Final Media Summary
The Jacob Zuma Story

Appellant	Shauket Allie Fakie NO Auditor-General
Respondent	C²I² 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	Appellant's Heads of Argument (2 291 KB PDF) Respondent's Heads of Argument (1 818 KB PDF)

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. Judgment (341 KB PDF)

Appellant	Department of Defence
Respondent	C²I² 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	CCII Systems Heads of Argument (76 KB PDF) Applicant's Heads of Argument in the Application for Condonation and in Respect of the Respondent's Rule 30(1) Application (340 KB PDF) Applicant's Heads of Argument in the Application for Leave to Appeal (438 KB PDF) Applicant's Supplementary Heads of Argument (76 KB PDF)
Judgment	Application for leave to appeal is refused. Application for Leave to Appeal and Court Order (summary version) Application to Lead Further Evidence and Court Order (summary version) Judgment (1 151 KB PDF)

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. Baqwa Sued
Judgment	Dismissed with costs. Application for Leave to Appeal pending.

Respondent	Lawrence Mushwana Public Protector
Applicant	C²I² 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.

Respondent	Mosioua Lekota Minister of Defence
Applicant	C²I² 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. Judgment

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	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 (C²I² 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. Joint Press Statement : South African Ministry of Defence, CCII Systems (Pty) Ltd and Richard Young

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	Judgment

Defendant	Shauket Allie Fakie CA (SA) Auditor-General
Plaintiff	C²I² 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.

Defendant	Seelan Naidoo Undertook to obtain and deliver to C²I² Systems certain documentation and undertook to re-imburse C²I² Systems the funds advanced by it in the event the documentation was not obtained by Mr Naidoo.
Plaintiff	C²I² Systems
When	26 May 2004
Where	Durban
Court	Magistrate's Court
Matter	C²I² Systems claimed for re-imbursement of funds advanced to Mr Naidoo in terms of an oral agreement.
Judgment	Judgment for C²I² Systems as claimed in the Particulars of Claim together with interest thereon as claimed with costs. Judgment

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. Judgment

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. Judgment Law Reports : Delict (Defamation)

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. Judgment : 2004-03-26 (PDF : 6 MB) Heads of Argument Order

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. Judgment : 2004-03-04 ECAAR-SA Press Statements

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. Submissions (317 KB) Appeal (157 KB) Appeal Addendum (73 KB)
Judgment	Application for leave to appeal dismissed with costs. ECAAR Statement : Supreme Court, Bloemfontein Rejects ECAAR-SA's Petition

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.

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. Plea of Guilt
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.

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	C²I² 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	C²I² 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). Fakie to Allow Access to Arms Deal Details

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.

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.