Coenraad Kukkuk Attorneys Inc.

DEC. HOLIDAYS:

Please note that this firm is closed for the holidays from Thursday 14 Dec. 2023 and will reopen on Thursday 4 Jan. 2024. Consultations only from 9 Jan. 2024.

Let us already say - have a blessed time and return to us safely!

Best regards/Vriendelike groete,

Coenie Kukkuk
Director

Coenraad Kukkuk Attorneys Inc. COENRAAD KUKKUK ATTORNEYS INC. www.coenraadkukkuk.co.za

Here is a selection of some of the best non-fiction that has been published in SA this year.

Every Thursday on The Midday Report on 702/CapeTalk, I interview the author of a local non-fiction book.

This means I read a fortune of non-fiction throughout the year. I do love the genre and I am fortunate that publishers send me books as they come out.

Here is a selection of some of the best non-fiction that has been published in SA this year. There are many more on my book shelf and I highly recommend supporting local.

If you want to listen to interviews with the authors, they are available on the show podcast.

The country is rich with stories to delve into and excellent journalists and storytellers who are able to bring them alive.

What was your favourite local non-fiction read of the year?

The High Court of South Africa: Western Cape Division has sentenced former intelligence officer, Thandolwethu Faku, to an effective life imprisonment after the State proved beyond reasonable doubt that he lied when he told the court that he was robbed at gunpoint by two unknown assailants who then killed his ex-girlfriend.

NPA Home | NPA All citizens have a right to enjoy a life free from fear and free from crime. As a key partner in the criminal justice system, the National Prosecuting Authority (NPA) plays a critical role in ensuring that those who commit crime are charged and held responsible for their actions.

Outright lies to shift the blame from their own failings

''Misleading claims by the RAF CEO against Legal Practitioners and the Legal Practice Council

Over the last few days, allegations were made by the Road Accident Fund CEO, Mr Collins Letsoalo, that the Road Accident Fund (RAF) had reported thousands of lawyers to the Legal Practice Council (LPC) and that the LPC had done nothing about these complaints.
Attempts to drive this narrative had been made sporadically over the last three years. The LPC has over this period reached out and written to the RAF and communicated directly with the CEO on all matters that the RAF has raised with the LPC. The statements by the CEO unjustifiably tarnish the image of legal practitioners in general and the LPC in particular.

In the last week, the RAF CEO continued in this vein. For example, he said that the LPC (the statutory regulator of the legal profession) is “not even a watchdog” and labelled the LPC as a gentlemen’s and ladies' club, insinuating that it protects legal practitioners as opposed to regulating them.
The LPC has had to respond to these misleading claims over the last two days on a number of public platforms.

Some of the misleading claims made by the RAF CEO were:
•
9,000 complaints against legal practitioners were submitted by the RAF to the LPC for investigation where there was a prima facie case that moneys were swindled from the claimants – and the LPC had done nothing.
•
On one platform, he gave an example of the Minister receiving a complaint about a claimant who only received R57,000 for the children instead of the R5.6 million that was paid by the RAF to the legal practitioner.
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He reported 102 law firms to the LPC as far back as 2020 and that nothing had happened to even 1 of those firms.
The LPC wishes to confirm and state categorically that:
•
The LPC has received 13 complaints against legal practitioners directly from the RAF and the LPC has dealt with or is currently dealing with those complaints. Furthermore, the LPC has engaged directly with the RAF regarding these complaints. Six of these matters have been finalised and 8 are still ongoing, mainly due to court process or specific investigations still required.
•
The LPC does not have any complaint of a claimant who was awarded R5,6 million and was only paid R57 000 by their legal practitioner.
•
The LPC received in excess of 14 000 complaints this year from members of the public, and only about 14% (1 800 complaints) relate to complaints about the Road Accident Fund.
•
Every complaint received is dealt with in accordance with the provisions of the Legal Practice Act and the Rules.
•
The LPC has on a number of occasions written directly to the RAF CEO and to the RAF updating them and dealing with any query they brought to our attention.

The RAF CEO referred to cases of duplicated payments made to legal practitioners. The issue of duplication of payments by the RAF to legal firms occurred as a result of a systems error at the RAF and the lack of processes (at the time) around payments of claims. In 2020, the RAF approached the LPC formally advising it of the extent of the duplicate payments it had made. At the time, the RAF provided a list of 102 firms who it had paid twice.

To assist RAF with this problem, the LPC immediately approached all the firms that were in the list provided to the LPC and required them either to:
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pay back the duplicate amount to the RAF, or
•
confirm, through documentary proof, that they were not holding on to any funds not due to them or their clients.

The LPC received great co-operation from the affected legal firms, with 99% of these firms proving that they had either paid back the funds or they did not receive any undue payout. The firms that did not comply (and these are the 13 complaints that are on our system) were taken through the LPC‘s disciplinary process.

The LPC continues to act with speed

During the period from 1 January to 30 November 2023 the LPC 14 259 complaints of alleged misconduct against legal practitioners. The Council finalised 13 481 complaints during the same period.
From 1 January – 30 November 2023 110 legal practitioners were suspended from practising and 40 legal practitioners were struck from the roll following complaints relating to misappropriation of trust funds, practising without a fidelity fund certificate, failure to submit audits or other serious cases of professional misconduct.
The claims by the RAF CEO are unfortunate and the LPC holds the view that both organisations should be collaborating and not working against one another. We thank all the legal practitioners who continue to do excellent work in supporting clients and members of the public with integrity and professionalism.

Kind regards
Legal Practice Council''

Prezzies for clients and staff are ready!
Thanks Beskuitblik for making it (Marita Fourie)

Mandy Wiener: ''He was pushed out during the state capture era. So he is rejoining now''

Eskom has a new CEO.

Ons jaareindfunksie - twee provinsies saam gehou tegelyk. Pierneef's Kraal en Seeplaas. Pta en Hartenbos. Ons Pta-kantoor nou ongelukkig nie die see agter nie!

Events company gives ANC until Wednesday to pay more than R100m or face liquidation https://www.news24.com/news24/politics/political-parties/events-company-gives-anc-until-wednesday-to-pay-more-than-r100m-or-face-liquidation-20231205 via

Events company gives ANC until Wednesday to pay more than R100m or face liquidation | News24 The ANC is dead-set on not repaying the money, pending the outcome of an appeal to the Constitutional Court.

Millionaire lawyer Zuko Nonxuba escapes sequestration, but move to bar him from practising rolls on https://www.news24.com/news24/southafrica/news/millionaire-lawyer-zuko-nonxuba-escapes-sequestration-but-move-to-bar-him-from-practicing-rolls-on-20231205 via

Millionaire lawyer Zuko Nonxuba escapes sequestration, but move to bar him from practising rolls on | News24 Controversial attorney Zuko Nonxuba and his wife Alicia Novelano Nonxuba escaped bankruptcy after the East London High Court dismissed separate applications for their sequestration to pay R49.6 million in medical negligence settlement monies.

Hate Crimes and Hate Speech Bill passes final hurdle in Parliament

Hate Crimes and Hate Speech Bill passes final hurdle in Parliament - MambaOnline - Gay South Africa online South Africa's Parliament has passed the amended version of the Hate Crimes and Hate Speech Bill, which will be sent to President Ramaphosa.

Foreign parents: Constitutional Court declares parts of Immigration Act unconstitutional https://www.news24.com/news24/southafrica/news/foreign-parents-constitutional-court-declares-parts-of-immigration-act-unconstitutional-20231204 via

The Sheriff of the Gauteng High Court in Johannesburg descended on the ANC's Luthuli House headquarters on Monday morning in search of assets.
This was after events company Ezulweni Investments attached the party's accounts and other physical assets, in an effort to recover more than R100 million the party owes it for work done during the 2019 elections campaign.
A truck of the Sheriff was seen outside the party's headquarters in Johannesburg. It is understood that assets have not yet been removed from the building.
A security guard who witnessed the arrival said the truck arrived early on Monday morning. "We saw the truck arrive and the Sheriff went inside the building. They stayed inside for a while before leaving. Nothing was taken," he said.

Microwaves, laptops and a water cooler: Sheriff of High Court descends on ANC HQ in search of assets | News24 The Sheriff of the Gauteng High Court in Johannesburg descended on the ANC's Luthuli House headquarters on Monday morning in search of assets.

Mpumelelo Mkhabela | How do we curtail the continuous production of criminals? https://www.news24.com/news24/opinions/columnists/mpumelelo_mkhabela/mpumelelo-mkhabela-how-do-we-curtail-the-continuous-production-of-criminals-20231204 via News24.com

Mpumelelo Mkhabela | How do we curtail the continuous production of criminals? | News24 Crime statistics continuously reveal a country under siege from criminals, and while there is something wrong with the country's crime-fighting strategies, Mpumelelo Mkhabela argues that the police minister and the police service are not entirely responsible for it.

On Monday, the Constitutional Court is expected to hand down its judgment in a case challenging the constitutionality of the Electoral Amendment Bill.
In August, the Independent Candidates Association (ICA) and the Independent Electoral Commission argued in court about the matter.
Should the ConCourt rule in the ICA's favour, it could usher in a new era in South African politics.

Electoral Amendment Bill: ConCourt ruling on independent candidates set to be a game-changer for SA's democracy | News24 On Monday, the Constitutional Court is expected to hand down its judgment in a case challenging the constitutionality of the Electoral Amendment Bill.

Ray Hartle: Judges take stock of judicial independence, ethics and accountability

For four days from Monday 4 December, judges from the country’s High Courts will meet behind closed doors at Sun City to review the judiciary's constitutional role and mandate, the first time in over a decade that this will happen. A similar conference in 2012 focused on access to justice.

All judicial authority is vested in the courts, which are independent and subject only to the Constitution and the law. No person or organ of the state may interfere with the functioning of the courts.

Judicial independence will be high on the agenda at the conference, along with the judiciary's resourcing, effective functioning, accountability, integrity and ethical conduct.

https://www.news24.com/news24/opinions/analysis/analysis-ray-hartle-judges-take-stock-of-judicial-independence-ethics-and-accountability-20231204 via

ANALYSIS | Ray Hartle: Judges take stock of judicial independence, ethics and accountability | News24 High Court judges are meeting at Sun City this week to review the judiciary's constitutional role and mandate. Ray Hartle writes that while some of the issues on the agenda may appear innocuous, they are highly contested.

Prof Dire Tladi elected an International Court of Justice judge
Tladi, a professor from the University of Pretoria, was nominated as SA’s ICJ candidate in May, after the cabinet endorsed him https://www.news24.com/news24/opinions/analysis/saturday-profile-dire-tladi-sas-first-world-court-judge-is-a-fiction-writer-20231118

BREAKING Oscar Pistorius has been placed on parole, effective 5 January.

"It seems Minister in the Presidency Khumbudzo Ntshavheni has sent her colleagues into damage control mode this week with her senseless comments about the private sector trying to collapse the government.

But it also seems she is living in a parallel universe to the one the rest of us South Africans are residing in.

Three major reports came out in the last week that tell a very different story.... "

MANDY WIENER: The government is failing – do not ignore the red flag reports Minister Khumbudzo Ntshavheni says the government has done a great job. The state of the nation is the private sector’s fault.

Justice committee recommends Motata, Hlophe's removal, Mkhwebane opposes

https://www.news24.com/news24/southafrica/news/live-parliaments-justice-committee-to-consider-removal-of-judges-hlophe-and-motata-20231122 via

The Competition Commission says implicated banks in the alleged rand manipulation have generated about a trillion rand a day between 2007 and 2013, the Competition Tribunal heard this week.

https://www.sabcnews.com/sabcnews/banks/

In a regressive ruling, the High Court of Tanzania has upheld the arrest of three human rights lawyers from the Initiative for Strategic Litigation in Africa (ISLA) in 2017, after they were accused of “promoting homos*xuality.”

The court issued its judgment in July, but ISLA made the ruling public this week. The lawyers, South Africans Sibongile Ndashe and Khanyo Mkhize and Ugandan Noah Mirembe, had filed a lawsuit against the Ministry of Home Affairs and the Attorney General of Tanzania.

The lawyers had travelled to Tanzania in 2017 to conduct a workshop with a local organisation challenging the Ministry of Health’s decision to close HIV drop-in centres and ban the distribution of lubricants in public health institutions.

The health minister at the time claimed that the provision of lubricants and condoms at these centres was aimed at “promoting homos*xuality” among young people; part of a crackdown by state officials on LGBTIQ+ people. Under colonial-era legislation, s*x between people of the same s*x is illegal in Tanzania and carries prison sentences including 30 years in jail. https://www.mambaonline.com/2023/11/15/top-cops-queer-novel-wins-prestigious-literary-award/

Email [email protected] - you will need to start now if you want to commence before year-end - we close on 14 Dec. at 12h00.

Coenraad Kukkuk Attorneys Inc. COENRAAD KUKKUK ATTORNEYS INC. www.coenraadkukkuk.co.za

A discussion on the legal position of adult dependent children

The Supreme Court of Appeal (SCA) on 21 July 2022 in a unanimous decision of Z v Z 2022 (5) SA 451 (SCA) dispelled the notion that mothers cannot apply for maintenance on behalf of their young adult children.

For information regarding this and all maintenance matters, email [email protected] for a reduced fee first consultation.

https://www.derebus.org.za/a-discussion-on-the-legal-position-of-adult-dependent-children/

After roughly 100 minutes of oral arguments, the Supreme Court seemed poised Tuesday to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing fi****ms, as it was used against a Texas man.

The case marked the first substantive Second Amendment case to come before the justices since they issued a landmark opinion last year expanding gun rights nationwide.

For more than an hour of arguments, the justices referred to that case with a majority of the court indicating that the law at issue falls comfortably within the nation’s historical tradition of limiting Second Amendment rights when it comes to individuals who pose a danger to society. https://edition.cnn.com/politics/live-news/supreme-court-second-amendment-11-07-23/index.html

Die paroolraad van die departement van korrektiewe dienste (DKD) beplan glo om ’n sitting voor einde November te hou waartydens Oscar Pistorius se aansoek om op parool vrygelaat te word aangehoor sal word.

Oscar dalk voor einde van die maand voor paroolraad | Netwerk24