Latest news with #NorthGautengHighCourt
IOL News
a day ago
- IOL News
Court dismisses ex-husband's attempt to retract divorce settlement he signed giving his home to the wife
The North Gauteng High Court in Pretoria has upheld a divorce settlement agreement that a man sought to retract. Image: Pexels The North Gauteng High Court in Pretoria has upheld a divorce settlement agreement that a man sought to retract after claiming that he wasn't aware when he signed it, despite signing it twice. After nearly 16 years of marriage, the ex-wife initiated the divorce process. She informed the court that they had agreed on a settlement prior to the hearings, which stated that it was agreed that the ex-husband would transfer half of his share of their Centurion home to her. In her summons, she included the settlement agreement, signed by her and two witnesses. Going through the details of the settlement last signed in April 2022, she testified that the settlement agreement reflects that they agreed that they will both maintain parental rights and responsibilities for their two children, establishing that the children would live with her. It was also agreed that the father would pay a monthly R4,000 for each child, and she would not receive any spousal maintenance. Additionally, she mentioned that her ex-husband not only signed the settlement agreement that he sent to her via courier but also signed another copy after they met at her lawyer's office at a later time. Three months later, the man reneged, he filed a notice of intention to defend the divorce action and challenge the settlement agreement. He testified that he was emotionally affected by the divorce proceedings. According to his explanation, he thought he was acknowledging receipt of the summons when he signed the settlement agreement. He also denied that there was any discussion regarding a settlement. However, during cross-examination, he was drawn to the fact that he not only signed the settlement agreement in March 2022, but that two witnesses cosigned it, and that he also added his email address and cell number to the document. In April 2022, another copy of the settlement agreement was signed by him, and two witnesses again co-signed it. Judge Elmarie van der Schyff was not impressed by the man's testimony, noting his vague responses when questioned about why he had signed the agreement a second time. She indicated that his claim of thinking he was acknowledging receipt of the summons when signing the hardcopy settlement agreement lacked credibility. Furthermore, the judge said the man's explanation that he was acknowledging receipt of the summons when he signed and returned the hard copy of the settlement agreement did not hold water. She mentioned that although the man may lack formal legal education, he acknowledges that he is not an uninformed or uneducated individual. He works as a consulting engineer, a detail he revealed only when the court asked him. "Mr. S did not merely sign the document and hand it back to the Sheriff of the court; he took his time, had the document co-signed by witnesses, and then returned it to Mrs. O. This conduct is not indicative of an intention to defend a divorce action but leads to the only logical inference that the parties settled the issues between them on the terms contained in the agreement," said the judge. The judge also dismissed his argument that that he signed the document the second time because he was directed to do so. It was said he failed to provide enough evidence for the court to conclude that he was improperly pressured or forced into signing the agreement, nor that it had been obtained through deceit. "Mr. S is an educated person. No evidence indicates that he was misled. The language of the agreement is straightforward and non-technical. The evidence does not indicate that any undue pressure was exerted to force him to sign," added the judge. Ultimately, the divorce was granted and the court also determined that the agreement was binding; the ex-husband would have to abide by it. [email protected] IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
Eyewitness News
18-07-2025
- Politics
- Eyewitness News
Court gives green light for National Dialogue to go ahead
JOHANNESBURG - The North Gauteng High Court has given the green light to the National Dialogue, scheduled to take place in August. The court has dismissed the Labour Party's court bid to halt President Cyril Ramaphosa's dialogue. The party approached the court, accusing government of driving an unconstitutional and wasteful process. ALSO READ: • Ramaphosa says National Dialogue not 'just about talking', expects it to 'produce real results' • Ramaphosa tasks eminent persons with boosting public participation in National Dialogue • National Dialogue figures say government must be ready to answer tough questions on police corruption • Committee working on National Dialogue looks to bring projected R700m cost down It was seeking an urgent interdict to stop the dialogue before its first national convention next month. The Gauteng High Court in Pretoria found that the Labour Party did not meet the legal threshold for an interim interdict. They had argued that the National Dialogue duplicated existing structures like Parliament and NEDLAC. It called the process irrational, exclusionary and a costly exercise that ignores the working class. The state and the foundations running the dialogue defended it as a constitutionally permissible effort by the president to foster national unity, citing his duties under section 83. The court agreed, finding the dialogue rationally connected to that duty, also noting that its R700 million projected cost was not yet final. The dialogue will now proceed in August as planned, while the Labour Party pursues a full constitutional challenge.
The Citizen
02-07-2025
- Business
- The Citizen
Court declares Rooiwal tender invalid
The metro has welcomed a landmark judgment by the North Gauteng High Court, which has declared the controversial 2019 tender awarded to the consortium appointed for the upgrade of the Rooiwal Waste Water Treatment Plant as invalid. The ruling not only nullifies the R250-million contract but also orders the companies – Blackhead Consulting, NJR Projects and CMS Water Engineering – to repay profits made from the tender to the metro. The judgment follows years of public outcry, investigative scrutiny, and legal action over the botched contract that left Rooiwal in a state of disrepair. After the court ruling, Mayor Dr Nasiphi Moya reaffirmed the metro's commitment to clean governance and accountability. 'This judgment affirms what we have long maintained: contracts awarded through unethical and irregular processes undermine service delivery, compromise governance, and erode public trust,' she said. 'We assure the residents of Tshwane that this administration will act decisively to give full force and effect to the order.' The court has instructed the consortium to submit documentation of project-related expenses within 60 days. Should they fail to do so, the metro will appoint an independent contractor to determine the actual profits made, which the companies will then be required to repay. The irregularities surrounding the Rooiwal tender have been under investigation since 2022, when a forensic report concluded that the consortium lacked the required expertise to carry out a project of this magnitude. The awarding of the tender has since been linked to politically connected businessman Edwin Sodi and five senior metro officials, referred to as the 'Rooiwal Five'. They were removed from their posts but remain embroiled in Labour Court proceedings as attempts are made to reinstate them. Moya highlighted the progress already made at Rooiwal under new leadership. 'Work to complete the upgrades at the Rooiwal Waste Water Treatment Plant has progressed successfully. Phase 1A was completed ahead of schedule, and Phase 1B is currently underway,' she confirmed. 'We are committed to ethical leadership, clean governance, and delivering services to our residents.' The DA, which led the coalition government in Tshwane at the time and launched litigation against the consortium, also welcomed the ruling. 'This is a significant victory for clean governance and accountability in the metro,' said Cilliers Brink, DA leader in the Tshwane council. 'Now is the time for the metro to tell the public how far the process has gone to prevent that consortium from ever doing business with the state again.' Brink emphasised that the attempt to blacklist the Sodi-linked companies was initiated in 2024 under the DA-led coalition. The process was initially delayed after National Treasury found flaws in the metro's first application. However, the recent court ruling strengthens the metro's position. 'The public deserves to know what measures are being taken to ensure that what happened at Rooiwal never happens again,' Brink added. 'We cannot allow companies with poor track records and political connections to walk away unscathed.' The Rooiwal debacle has long been emblematic of the challenges facing the metro. The wastewater treatment plant, which is responsible for supplying clean water to Hammanskraal and surrounding areas, has not been operating optimally for years. Poor workmanship, missed deadlines, and stalling on the site forced the metro to terminate the contract in August 2022. In a high-profile oversight visit to the Rooiwal and Klipdrift water treatment sites earlier this year, Moya was accompanied by Minister of Water and Sanitation, Pemmy Majodina. The minister did not mince her words about the legacy of the failed project. 'We cannot allow people to do Mickey Mouse work and think they will get away with it,' said Majodina. 'This plant is supposed to provide clean water to our people.' The consortium's abandonment of the site, followed by the findings of corruption and maladministration, led to the involvement of the Special Investigating Unit (SIU). While political instability, including shifts in coalition support, hampered previous attempts to enforce accountability, the court's ruling has now given the metro a decisive legal tool to act. ALSO READ: Call for provision of water tankers as Hartebeeshoek shutdown looms Do you have more information about the story? Please send us an email to [email protected] or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
TimesLIVE
26-06-2025
- Health
- TimesLIVE
Lungu's death 'should not be used in a PR stunt by the Zambian government'
Makebi Zulu, the spokesperson for the family of the late former Zambian president Edgar Lungu, has accused the Zambian government of using Lungu's death and funeral arrangements as a publicity stunt. On Wednesday, the North Gauteng High Court in Pretoria halted the funeral plans to bury Lungu after an urgent court application filed by Zambian officials to stop the scheduled private ceremony by the family, which was set to take place on the same day. The Zambian government wanted full control of the former president's funeral arrangements, including the repatriation of his body. Speaking to the media on Wednesday, Zulu said taking Lungu's body to Zambia would not give him a dignified funeral. 'The family has been consistent. He mattered to the family when he was president, he matters to the family now,' he said. 'The family only wants to give him a dignified burial, not one that's shrouded in mockery, PR and giving the international community a perception that he was properly treated when in fact not. 'His death should not be used as a PR stunt by the government of Zambia.' Lungu died in a South African hospital on June 5 at the age of 68. He was receiving specialised treatment at a medical centre in Pretoria after suffering from a rare disorder that caused a narrowing of the food pipe, for which he had been treated in South Africa before. This is six months after his attempt to return to politics was curbed by a court ruling that he could not run for office again. Zulu claimed Lungu was not treated well by the Zambian government, saying that the court processes would give the family an opportunity to tell the truth about how Lungu was treated. 'Maybe this time around Edgar has refused to go down to the soil without the truth being told. Now onwards until his burial, the truth of Edgar shall be told, and we shall tell it in a very systematic way. 'That story shall be told in court, and evidence shall be brought before the court that will exonerate President Edgar and his family. This is an opportunity we shall take with both hands and tell the story of Edgar.' He said Lungu was brought to South Africa as private citizen and wasn't given the privileges of a government official. 'We shall tell the full story in court. How he came into South Africa as a private citizen, how that he came on a commercial flight, flying economy, walked through security clearance, walked through immigration like a normal person, waited for an Uber outside the airport. Is that the life of a former president? Certainly not.' Lungu took over the Zambian presidency in 2015 after former president Michael Sata died. After taking office, Lungu embarked on legislative reforms which were seen as progressive, including amending the constitution to reduce the power of the president. He won a presidential election in 2016 that gave him a five-year term in office. But shortly before it ended, he tried and failed to reverse the constitutional changes he had made. Zulu called on the Zambian government to apologise for not treating Lungu well when he was alive. 'Decency requires that the government should say 'we are sorry we never treated him well. We are sorry we did wrong to him. Now that he's dead how can we make amends?' 'No-one spoke for Edgar when he was alive and now people want to pretend to speak for him when they were never there for him in his lifetime,' said Zulu.
The Star
25-06-2025
- Politics
- The Star
High Court stops former Zambian President Edgar Lungu's funeral in SA amid family-government dispute
The North Gauteng High Court in Pretoria has unexpectedly halted plans to bury former Zambian President Edgar Lungu, just moments before the private ceremony was set to commence on Wednesday. The court's decision marks yet another development in the ongoing dispute between Lungu's family and the Zambian government over his final resting place. Former President Lungu died in hospital at the age of 68 in South Africa on June 5, 2025. His family wanted to be part of the funeral arrangements, including repatriation of Lungu's body. However, the Zambian government sought full control of Lungu's funeral arrangements. F eeling excluded from the funeral arrangements, Lungu's family began to shift their plans towards a burial in South Africa, igniting a rift with the Zambian authorities. Adding to the pain and confusion, two of Lungu's children were allegedly denied permission to leave Zambia to attend their father's memorial in South Africa. Family representatives said the travel ban was another example of the administration's 'deliberate cruelty.' It's further alleged that government officials tried to repatriate Lungu's body to Zambia without the family's consent. In response to the family's actions, Zambian officials filed an urgent court application on Tuesday to stop the intended private ceremony, arguing for the prioritisation of national interests over personal wishes. After negotiations between the legal representatives, Deputy Judge President Aubrey Phago Ledwaba ruled against the scheduled burial. "If any party wishes to intervene in this application, they are to file their notice of motion, their founding affidavit or any answering affidavit before July 18, 2025. If any party wishes to be joined as an amicus-curiae ( friend of the court) is to file their notice of motion on or before July 18," he said. In order to comply with the court's directive, the Zambian government has been instructed to submit an amended notice and a supplementary affidavit regarding the repatriation of Lungu's body by July 4, 2025. Meanwhile, Lungu's family will need to file their opposing affidavits before July 11, 2025. The ruling has delayed the funeral by over a month, with the matter now set to be heard on August 4, 2025. Despite the legal complications, the court has granted Lungu's family the right to visit his body at the mortuary while these proceedings unfold. [email protected] IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
