Attorney ordered to pay R500,000 for false assault charges against colleague

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a day ago

An attorney who laid false charges of assault against her colleague, also an attorney, which resulted in him spending eight days in prison, has to pay him R500,000 in damages
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An attorney's actions by laying false charges of assault against a colleague at the same law firm where she is based, causing him to spend several days in custody under harrowing conditions, will cost her R500,000.
The Gauteng High Court, Johannesburg, did not only order Sameera Malekjee to pay her colleague, Christopher Jukes, this amount in damages for defamation, but it was also directed that a copy of this judgment be sent to the Legal Practice Council.
Acting Judge Nigel Redman said: 'The defendant (Malekjee) is an attorney and an officer of this court. The defendant appears to have abused the criminal justice system for her own ends.'
The judge added that making a false and malicious complaint to the police is reprehensible.
'The defendant's conduct is of great concern and may have to be dealt with by the Legal Practice Council.'
Jukes claimed R1.5 million for the humiliation and hardship he had to endure. He is said to be a successful attorney who has been practising in Benoni for approximately 14 years. He is currently a partner of the firm Jukes Malekjee.
He told the court that in July last year, the defendant reported a case of assault with intent to do grievous bodily harm against him. In an affidavit to the SAPS, she claimed Jukes had stabbed her in the left leg the previous day.
Her allegations included that Jukes stabbed her with a glass on her 'left toe's whole toenail completely came out (sic).' She further claimed that he called her a b**** and that he threatened to shoot her. She demanded that the matter be investigated and added that he 'must face the full might of the law' (sic).
Two months prior to laying the complaint with the police, the defendant had verbally threatened to injure herself and lay a criminal charge against the plaintiff accusing him of assault. This threat was recorded by the plaintiff on his cellphone.
The complaint to the police was also preceded by WhatsApp messages being exchanged between the plaintiff and the defendant. In these messages, the defendant had threatened the plaintiff with false criminal charges and she threatened that she would take steps to ensure that he lost his licence as an attorney if he did not comply with her demands.
While she accused him of physical assault, threatening behaviour, and abuse, the plaintiff provided evidence that this did not occur. Malekjee, on the other hand, did not defend herself in court.
Resulting from the false complaint, Jukes was arrested at his offices in front of witnesses, including a candidate attorney and the owner of the neighbouring property. He was incarcerated for eight days at Modderbee Prison.
He told the court of his hardships there, where he was forced to sleep on a concrete floor without blankets, a mattress, or a pillow, and required to use an open toilet and shower in front of other prisoners.