Latest news with #NorthWestHighCourt
IOL News
19-07-2025
- IOL News
NPA seizes R600,000 Fortuner used in blue-light crime near Vryburg
The Asset Forfeiture Unit of the National Prosecuting Authority in the North West Division has obtained a preservation order from the North West High Court Image: Pexels The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in the North West Division has secured a preservation order from the North West High Court regarding a silver Toyota Fortuner valued at approximately R600,000. This order pertains to the vehicle, which was deemed an instrumentality in the commission of an offence as outlined in Schedule 1 of the Prevention of Organised Crime Act (POCA), 121 of 1998. The case stems from an incident on April 27, 2025, when law enforcement officials apprehended a suspect along the N18 near Vryburg for unlawfully employing blue identification lights on the vehicle. These lights are reserved exclusively for authorised emergency and law enforcement personnel, and their improper use is strictly prohibited under Regulations 176 and 185 of the National Road Traffic Regulations, 2000. According to South African law, the use of blue lights is limited to specific individuals, including members of the South African Police Service (SAPS), municipal police officers, provincial and municipal traffic officers, and the Military Police of the South African National Defence Force (SANDF). The apprehended suspect was not only charged with road traffic violations but also found to be in contravention of the Immigration Act, 2002. He was subsequently convicted for being in South Africa without valid documentation and has been deported as part of immigration enforcement measures. The NPA has hailed the court's decision as a resounding endorsement of legal principles and a decisive move to combat the misuse of state-like authority by individuals impersonating law enforcement personnel. In their view, this ruling is a clarion reminder that actions which jeopardise public safety and erode trust in legitimate law enforcement will be met with serious repercussions. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Dr Rachel Makhari, the Director of Public Prosecutions in the North West, expressed commendation for the AFU, recognising their swift action in securing this preservation order. 'This outcome reaffirms our commitment to tackling the growing issue of so-called 'blue light bullies' who intimidate innocent road users and undermine public safety," she stated. "These individuals often act with impunity, posing a serious threat not only to the physical safety of citizens but also to the credibility of law enforcement agencies.' Dr Makhari further emphasised that the NPA, through its Asset Forfeiture Unit, will relentlessly pursue decisive actions against this form of organised criminality. This includes seizing vehicles unlawfully utilised in criminal activities and seeking suitable legal remedies. 'We remain steadfast in our duty to uphold the law and protect our communities from those who seek to exploit authority for criminal gain,' she added. IOL
The Citizen
18-07-2025
- The Citizen
NPA secures preservation order in unlawful blue lights case
The suspect who was driving the car that was illegally fitted with blue lights was an illegal immigrant and has been deported. The North West High Court has granted the National Prosecuting Authority (NPA) a preservation order which relates to an SUV unlawfully fitted with blue lights. The order was granted to the NPA's Asset Forfeiture Unit on Wednesday, allowing it to seize the silver Toyota Fortuner valued at about R600 000. Driver arrested in Vryburg This comes after a suspect was arrested for unlawfully using blue identification lights along the N18 near Vryburg on 27 April. According to NPA communications officer Sivenathi Gunya, the arrest was made in terms of regulations 176 and 185 of the National Road Traffic Regulations, 2000. '[The regulations] prohibit the unauthorised fitting or display of blue lights reserved exclusively for emergency and law enforcement vehicles,' Gunya said in a statement. 'According to the law, only specific personnel are permitted to use such lights when performing official duties.' These include members of the South African Police Service, municipal police, provincial and municipal traffic officers, and the military police of the South African National Defence Force. More woes for the suspect To make matters worse, the suspect was in the country illegally. ALSO READ: Thrrr…Phaaa: Musician Selaelo Selota's Mercedes frozen as SIU probes misuse of lottery funds In addition to the blue light offence, he was also charged and convicted under section 49 of the Immigration Act, 2002 for being in South Africa without valid documentation. He was subsequently deported by immigration enforcement procedures. 'Ruling sends a strong message' Gunya said the NPA welcomes the court's decision as a firm affirmation of the rule of law and a critical step in combating the abuse of state-like authority. 'The ruling sends a strong message that the justice system will not tolerate actions that endanger public safety, erode trust in legitimate law enforcement, or create fear and confusion on our roads.' 'A serious threat' Dr Rachel Makhari, North West director of Public Prosecutions, said the outcome reaffirms the NPA's commitment to tackling so-called blue-lights bullies who intimidate road users and undermine public safety. 'These individuals often act with impunity, posing a serious threat to both the physical safety of citizens and the credibility of law enforcement agencies,' Makhari said. 'The NPA, through its Asset Forfeiture Unit, will continue to take decisive action to dismantle this form of organised criminality by seizing their tools of trade, particularly unlawfully used vehicles, and pursuing the appropriate legal remedies. She said the state prosecuting agency remains steadfast in its duty to uphold the law and protect communities from people who seek to exploit systems of authority for criminal gain. NOW READ: Fake commissioner Nhlanhla Mkhwanazis pop up online
The Citizen
11-07-2025
- The Citizen
Daylight surgery robbery in Mabopane ends in life behind bars
Forensic evidence linked Tshiovhe to a deadly daylight robbery at a Mabopane surgery. The court handed him life plus 50 years. A daylight robbery in April 2021 ended in tragedy and a life sentence for a North West man after forensic evidence sealed his fate. The North West High Court sentenced 34-year-old Shakandinnyi Ndivhoswami Tshiovhe to life imprisonment plus 50 years after his conviction for murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition. On 7 April 2021, Tshiovhe and a group of men stormed Dr Steenkamp's surgery in Block A, Mabopane, and robbed the doctor and patients in broad daylight. Surgery patient fatally shot in robbery During the robbery, one of the suspects fatally shot a patient, who died at the scene. National Prosecuting Authority (NPA) regional spokesperson Sivenathi Gunya said Dr Steenkamp fired his licensed firearm in self-defence as the situation escalated. The doctor shot Tshiovhe in the chest. 'Witnesses reported seeing Tshiovhe bleeding as he fled the scene with his accomplices in a white Toyota Quantum parked outside,' Gunya said. ALSO READ: 'Filthiest perpetrator' handed life in jail for raping 91-year-old woman The next day, the police went to Odi Hospital to look into the Quantum after following up on information from a witness. Surveillance footage led to the identification and arrest of Tshiovhe and another suspect. 'On 5 May 2021, an identification parade was conducted, during which some victims positively identified both individuals,' Gunya said. Forensic evidence linked Tshiovhe to robbery 'Furthermore, blood samples collected from the scene were forensically linked to Tshiovhe through buccal sample analysis.' The case against the co-accused was later withdrawn due to a lack of sufficient evidence. In court, Tshiovhe pleaded not guilty to all charges. ALSO READ: German murdered: Thai biker receives death penalty, Germans get life State Advocate Ferdinand Tlatsana, however, argued in the aggravation of sentence that the prescribed minimum sentence was justified due to the seriousness of the offences and the absence of significant and compelling circumstances. The North West High Court agreed and sentenced the accused to life imprisonment for murder, 15 years for two counts of robbery, 10 years for attempted murder, five years for unlawful possession of a firearm, and five years for unlawful possession of ammunition. The court ordered that all sentences are to run concurrently with the life sentence. Tshiovhe was also declared unfit to possess a firearm. Life imprisonment plus 50 years The NPA welcomed the hefty sentence handed down. Director of Public Prosecutions in the North West, Dr Rachel Makhari, commended State Advocate Ferdinand Tlatsana, the investigating officer, and all stakeholders involved in securing the conviction. 'These sentences underscore the National Prosecuting Authority's unwavering commitment to fighting crime, upholding the rule of law, and ensuring justice for victims of violent crime,' she said.
The South African
03-07-2025
- The South African
Court awards R2.2 million to woman blinded by police rubber bullet
The North West High Court in Mahikeng has ordered the Police Ministry to pay R2.2 million in damages to a woman who lost her right eye after police shot her with a rubber bullet. The woman had initially claimed R3.5 million. The incident happened on 11 July 2019 when the woman, then 19 years old, was struck in the eye while doing chores in her yard. Police had responded to nearby civil unrest at the time. According to IOL , at the time of the shooting, the woman was running a growing business selling homemade atchar door to door. Earning about R3 600 a month. The injury resulted in the complete loss of vision in her right eye, which surgeons later removed and replaced with a prosthetic. Since the surgery, the woman has struggled with trauma linked to the prosthetic eye's unnatural appearance and its failure to move in sync with her remaining eye. The court heard that the visible difference in her eyes has drawn unwanted public attention. Additionally, she suffers from mucosal discharge with an unpleasant odour from the prosthesis, worsening her distress and embarrassment. 'The scarring beneath the right eye from the surgery adds to her disfigurement and deepens her emotional discomfort,' the judgment stated. Burdened by her traumatic experience, the woman told the court that the incident had shattered her self-worth and confidence, especially as a young, unmarried woman. She described herself as a naturally extroverted and socially active person before the incident. She also said she now suffers from severe social withdrawal and avoids public spaces. Her claim included compensation for future medical treatment. Covering consultations with ophthalmologists, occupational therapists, and industrial psychologists. Acting Judge Roshiela Titus said, 'It is common cause that the plaintiff has endured pain and suffering, disfigurement, permanent disability and loss of amenities of life. While the first defendant (Minister of Police) has achieved a measure of success in reducing the amount of general damages. The plaintiff is largely successful in this matter, and there is no reason why the normal rule that costs follow the event should not apply.' The final award of R2 205 567 covered general damages, loss of earnings, future medical expenses, assistive devices, and the costs of personal care assistance. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
03-07-2025
- The Citizen
Woman awarded R2.2m after losing eye when hit by police's rubber bullet
The victim was struck in the right eye by a rubber bullet fired while she was at home. A woman from the North West has been awarded R2.2 million in damages after being struck in the eye by a rubber bullet fired by police during a protest. The North West High Court in Mahikeng ruled in favour of Elizabeth Matshidiso Jack, who suffered a major eye injury six years ago. She subsequently launched a civil claim against the minister of police. Although the minister conceded liability, no agreement could initially be reached on the amount of compensation. Jack initially sought R3.5 million (R3 536 677) in damages. Woman sues police minister after losing eye Testifying in court, Jack recounted that on 11 July 2019, she had been doing household chores in her yard in Ikageng, near Potchefstroom, when she was struck in the right eye by a rubber bullet fired by South African Police Service (Saps) members. The police officers were responding to civil unrest in the street outside her home at the time. As a result of the injury, Jack lost all function in her right eye. The eye was later surgically removed and replaced with a prosthesis. Jack, who was 19 years old at the time of the incident, described the loss of her eye as a deeply traumatic event that significantly affected her sense of self-worth and confidence, particularly as a young unmarried woman. ALSO READ: Wrongfully arrested woman wins nearly R600k after ordeal that led her to consider suicide She explained that she had previously been extroverted and social, but the injury caused her to withdraw from the public. The woman now avoids public settings due to the appearance of the prosthesis, which does not move in sync with her remaining eye and creates an unnatural look. She also described scarring beneath her right eye from the surgery, which she claimed adds to her disfigurement and worsens her discomfort. Loss of income Jack further highlighted the physical pain she continues to endure. According to the victim, she manages the pain by sleeping, hoping that it will subside by the time she wakes due to a lack of proper medication. She also raised concerns about the risk of infection to her prosthetic eye, explaining that she avoids basic household tasks – such as sweeping or cooking – out of fear that exposure to dust or spices could potentially lead to complications. Jack testified that she supported herself by selling atchaar door-to-door, earning approximately R3 600 per month. Since the incident, her earnings have halved to R1 800. She also stated that she would require future medical and non-medical care, with costs estimated at R604 406 for occupational therapy and assistive devices. Medical and expert testimony Ophthalmologists who testified in court confirmed Jack is permanently blind in her right eye and suffers from a mild degree of post-enucleation socket syndrome, which can be surgically corrected. Occupational therapists testified that Jack's injury affects her ability to compete with her peers in the informal work sector. They agreed she would benefit from 32 hours of occupational therapy, at a cost of R750 to R850 per hour. READ MORE: Potchefstroom man awarded R850k in damages after horrific ordeal of wrongful arrest, detention She would also require adaptive equipment, an assistant for her business paid at the national minimum wage, eight hours of weekly domestic help, gardening services in summer and winter, and home maintenance costing R20 000. Industrial psychologists also gave evidence, stating that although Jack had no post-school qualifications, no driver's licence and was self-employed, she would likely have progressed to semi-skilled employment with higher earnings over time. North West High Court ruling In his ruling, Acting Judge Randall Ralph Titus highlighted that while the minister contended that Jack had not sufficiently proven her claim for loss of income, it remained undisputed that she had suffered harm as a result of the police's 'wrongful conduct'. The judge noted that Jack could not work for five months after the incident and calculated her lost income during that period as R18 000. He referenced prior judgments to determine an appropriate compensation amount and awarded R500 000 in general damages. 'It is common cause that the plaintiff has endured pain and suffering, disfigurement, permanent disability and loss of amenities of life,' the 2 July judgment reads. Titus further ordered that Jack be paid R18 000 for loss of earnings, R1 380 469 for future medical and related expenses, and R307 098 for assistants, bringing the total to R2 205 567. The amount is to be paid with interest. In addition, the minister was ordered to cover Jack's travel, food, and accommodation expenses incurred in connection with her medico-legal appointments. NOW READ: Daveyton man seeks R350k in damages after wife left him following unlawful arrest
