court – praag.org

Russian court jails dancers for twerking near monument

A Russian court has jailed three women for performing a twerking dance in front of a World War Two memorial.

The court in Novorossiysk gave two of the dancers 10 days in jail each, a third 15 days and two others received fines on charges of petty hooliganism.

Prosecutors had said their “erotic and sexual twerk dance” was disrespectful to historic memory and unacceptable.

Earlier this month, Russian officials closed a dance school after a similar dance video emerged on the internet.

The latest incident involves six dancers – one of them a minor who was not convicted – who had posted a video on YouTube.

“This incident of disrespect for the memory of war history is unacceptable and any attempts to desecrate sites of military glory will be stopped immediately,” prosecutors said.

The sentences come as Russia prepares to mark the 70th anniversary of the World War Two victory.

They also follow the incident early in April when a video clip from the Orenburg dance school on YouTube was viewed millions of times.

The video clip, entitled Winnie the Pooh and the Bees, showed a group of teenage girls dancing on stage in striped leotards, long socks and mini-skirts,

They perform hip-thrusting moves characteristic of twerking.

A committee is investigating whether the performance amounts to negligence or even “debauched action”, which is punishable by a range of sanctions from community service to three years behind bars. – bbc.com

Diepsloot 5 appear in Pta for rape, killing of toddlers

Five men accused of kidnapping, raping and killing two toddlers from Diepsloot appeared briefly in the Pretoria Magistrate’s Court on Thursday.

The matter was postponed to November 1 for further investigation. They remained in custody.

The courtroom was packed to capacity by residents of Diepsloot, family and supporters of political parties.

National Prosecutions Authority spokesman Medupi Simasiku told reporters outside the court: “We hope by November 1 we will have enough evidence.”

He said police were working with home affairs officials to verify the identities of the men.

They face two counts of murder, rape, and kidnapping after two-year-old Yonelisa Mali and her three-year-old cousin Zandile Mali were found dead in a Diepsloot toilet last Tuesday.

Earlier in the morning, supporters of Agang SA were among those who managed to get seats in the packed courtroom while others stood outside.

Security guards manned both doors to the court.

Four of the men appeared in court on Friday and the case was been postponed for them to apply for Legal Aid.

On Monday, a fifth man, aged 29, appeared in court. He was arrested in Alexandra, north of Johannesburg, on Friday.

After the murders were discovered, Diepsloot residents stoned cars and burnt tyres in the street outside the local police station in protest. – Sapa

Bomb sweep at Pistorius court

Oscar Pistoirus during a previous court hearing

The police’s explosives teams carried out a precautionary sweep to check for explosives inside the Pretoria Magistrate’s Court room where paralympian Oscar Pistorius would appear on Monday.

Reporters were asked to temporarily leave the court where earlier, video cameras were being set up.

Security had assisted media with more chairs.

Pistorius’s brother Carl Pistorius was seen carrying the access tags that would allow his family inside.

It would have been Pistorius’s girlfriend Reeva Steenkamp’s 30th birthday on Monday.

Pistorius was charged with premeditated murder after the model and law graduate was shot dead in his Pretoria home on February 14.

The State was expected to serve the double amputee with an indictment, the National Prosecuting Authority said on Friday.

“We also expect to have the trial starting early 2014, but we cannot at this stage confirm the exact date because this has to be agreed upon in court by all parties concerned,” spokesman Medupe Simasiku said at the time.

During a subsequent bail hearing, Pistorius’s defence read out a statement in which Pistorius said he thought Steenkamp was an intruder.

He has been out on R1 million bail since February 22, with some of the conditions amended since then.

On June 4, prosecutor Andrea Johnson said in court that no details of the investigation would be revealed. She said the State needed more time to investigate the crime.

This was by agreement with Pistorius’s defence.

Johnson said the attention generated by Steenkamp’s death was not something the prosecution or the State could control, and felt his rights should not be overridden and that he had the right to be treated like any other person.

Last Tuesday, police confirmed that the investigation into Steenkamp’s death had been completed and that the matter would be postponed.

National police spokesman Lt-Gen Solomon Makgale said the investigating team was convinced that Pistorius had a charge to answer to.

The court session was expected to start at 9am. – Sapa

Oscar Pistorius due back in the dock

South African double-amputee Olympian Oscar Pistorius will return to court Monday, when he is expected to be indicted for murdering lover Reeva Steenkamp and receive a date for trial.

The 26-year-old sprinter will appear in the Pretoria Magistrate’s Court six months after shooting dead girlfriend Steenkamp in the toilet of his upscale home.

The platinum blonde cover girl and law graduate died on Valentine’s Day after being shot in the head, elbow and hip.

She would have turned 30 on Monday, when prosecutors are expected to unveil a five-page indictment against Pistorius for premeditated murder, according to sources close to the investigation.

The hearing is expected to be brief, and according to Pistorius family spokeswoman Anneliese Burgess the “chances are very high that a trial date will be set.”

Pistorius, who is out on bail and faces a life sentence if found guilty, has denied murder, saying he shot Steenkamp through a locked bathroom door because he believed she was an intruder.

The trial is not expected to start until 2014, given the backlog in South Africa’s regional high courts.

A single senior judge will hear the case. South Africa does not have a jury system.

The indictment could detail key aspects of the police investigation into Steenkamp’s death that came under scrutiny during a lengthy bail hearing.

These may include ballistics information from the bathroom door suggesting Pistorius’s height at the time of the shooting.

Prosecutors assert he donned his two prosthetic legs before firing four shots through the bathroom door, a delay they say proves the murder was premeditated.

The athlete, who was born without calf bones and had both legs amputated below the knee when he was 11 months old, claims he was on his stumps.

The indictment could also shed light on phone records from four cell phones found outside the room where Steenkamp had locked herself in.

Investigators had to contact mobile manufacturer Apple in the United States as well as Interpol to access one of the phones, Pistorius’s iPhone 5.

The athlete apparently could not remember the four-digit pass code to unlock the phone, according to media reports.

South Africa’s much-maligned police force is under immense pressure to help secure a conviction, after the bail hearing showed up shoddy police work that led to the whole investigation team being replaced.

Police failed to find all the bullets fired, potentially contaminated the crime scene and misjudged the distance to the spot from which a witness claimed to have heard shouting earlier in the night.

Pistorius, who runs on two fibre-glass prosthetic legs, catapulted to fame as the first double-amputee to compete against able-bodied athletes at last year’s London Olympics.

But since the February shooting his reckless past of fast cars, beautiful women and fascination with guns has emerged.

He was released on bail of one million rand ($101,000, 76,000 euros) a week after killing Steenkamp.

After withdrawing from international athletic events, Pistorius restarted light training for “mental and emotional equilibrium”, his family said in June.

After an initial silence, Steenkamp’s parents lashed out at him, speaking of quarrels their daughter had with the athlete in their five-month relationship.

He broke down several times in court during the February bail hearing and family members have spoken openly about his trauma.

The killing sent shock waves around the world and halted his stellar career, ending lucrative endorsement deals with US sportswear giant Nike and French cosmetic firm Clarins.

Pistorius also reportedly was fined one million rand for undeclared taxes.

In the months following his release the sprinter has kept a low profile.

But he has been spotted in public a few times, most recently while kayaking last Sunday in harbour town Hermanus east of Cape Town.

“He had to get out of this jail,” his uncle Arnold Pistorius told Afrikaans-language Beeld newspaper, referring to the athlete’s seclusion. – Sapa-AFP

Western Cape wine farmer in court for assault

A Western Cape farmer accused of blinding and rendering a teenager epileptic will appear soon in the Ashton Regional Court, The Star reported on Monday.

According to the newspaper, Flippie Engelbrecht, who is now 19, was 15 when he and his father were attacked while on their way home from a farm in January 2008.

His head reportedly hit a wine tank during the assault and he later went blind and started having epileptic seizures.

The Star reported that Engelbrecht was burnt when he fell into a cooking fire during a seizure in September, and had to have his hands amputated. – Sapa

Two Afrikaners on trial for bestiality in Pretoria

A labrador, such as allegedly used by Smit

The Pretoria News reports that the case of a Pretoria East woman who allegedly had sex with two dogs is finally ready to go to trial next week, having been transferred to a court with an Afrikaans-speaking magistrate.

Smartly dressed in a black suit and red blouse, Jana Smit, 31, and her co-accused and former lover, Morne Fourie, 38, stood in the dock as State prosecutor Heinrich Scholtz told the court the case had been transferred from another court because of language issues.

Scholtz indicated that the accused and defence in the matter were all Afrikaans-speaking and it would make it easier if the magistrate could speak Afrikaans too.

Smit and Fourie face five charges of bestiality, possession of child pornography and sexual enticement.

Scholtz also indicated that he was waiting for feedback from the senior public prosecutor after “discussing certain matters with her regarding the case”.

Smit was arrested in August last year after a complaint from an animal protection organisation. It is alleged that the organisation and the NSPCA had received home-made video footage and photographs of Smit having sex with a Staffordshire bull terrier and a Labrador.

The footage was immediately taken to the Moot police station. Smit was arrested hours later. It is believed that the Staffie belonged to Smit’s neighbours. At the time of her arrest, the Labrador was taken to the NSPCA where it was put up for adoption.

Fourie, an IT specialist from Garsfontein, was arrested three days later. It is alleged that he helped to produce some of the pornographic images.

Both were released on bail of R1 000 each following their first court appearance.

At the time the court ordered Smit to undergo a mental assessment at the Moot police station. The outcome of the assessment will be disclosed during her trial.

Earlier, the court heard that investigators trawled through 31 000 e-mails on Smit’s laptop as part of the investigation.

Suspended Pretoria deputy police chief in court today

Ndumise Jaca — Ndumiso Jaca with purple tie in flash car with false number plates

Suspended Pretoria metro police deputy chief Ndumiso Jaca is expected to appear in the Pretoria Magistrate’s Court on Tuesday on a number of charges.

Jaca has been charged with fraud, driving a vehicle with illegal number plates, and driving a vehicle with police lights.

He was charged in March 2012 following an Eyewitness News report alleging he was driving a BMW Z4 with false number plates and police lights. He was also allegedly seen on a Harley Davidson motorbike with the same number plates — Balty GP.

The Pretoria metro announced in January last year that Jaca’s three-month-long special leave, which began in October 2011, had been extended. – Sapa

Issues of race dominate interviews for judicial positions

Issues of race, ethnicity and transformation dominated the Judicial Service Commission’s first day of interviews for judicial positions.

On Tuesday, the importance of Zulu ethnicity being a prerequisite to holding one of the top two positions in the KwaZulu-Natal division was raised during the interviews of judges Achmat Jappie and Mjabuliseni Madondo for the vacant deputy judge president position in that division.

The other candidate vying for one of the three vacant positions on the North and South Gauteng High Court bench, advocate David Fourie, was also questioned about his former membership of the “two secret organisations”, the Afrikaner Broederbond (which he resigned from in 1993), and its youth wing, the Ruiterwag.

Tanya Brenner, white, was especially grilled by advocate Dumisane Ntsebeza, and then by fellow commissioner KwaZulu-Natal state attorney Krish Govender on her statement that she appeared not to know enough black counsel to brief at her private practice.

Responding to Ntsebeza’s suggestion that there appeared to be an impression among litigants and lawyers that “briefing black people is taking a risk”, Brenner said: “With respect, I wouldn’t brief any person that I didn’t know … It doesn’t have a colour sensitivity.”

Ntsebeza at one point mused on how, 18 years after the end of apartheid, Brenner had been unable to acquaint herself with black counsel during her time as an attorney with the high profile Feinsteins law firm in Johannesburg, later in private practice or while serving as an acting judge in that division over the past eight years.

Brenner was also quizzed on a perceived lack of judgment when she admitted she had kept doing private attorney work while acting as a judge – which goes against section 11 of the Supreme Courts Act. The section requires an acting judge in such a position to get special permission from the justice minister.

Some of the commissioners was however convinced by Fourie’s reconstruction as a committed South African despite at one time belonging to the Broederbond, the secret Afrikaner society that wielded considerable political and economic influence during apartheid.

Ntsebeza noted the “values of our Constitution are the antithesis of what these organisations stood for” and asked Fourie whether his attitude “had changed since you were a member of these organisations?” To which Fourie responded in the affirmative.

Said Fourie: “I made a terrible mistake in my past, and I am haunted until this day. I am sorry,”

Recalling his time as a commissioner at the Truth and Reconciliation Commission, Ntsebeza, noted for that commission, it was imperative there was “an acknowledgment that should precede reconciliation”, and that he was “impressed by [Fourie’s] honesty and all the responses you have given”.

Fourie was also asked about how he would help assist young black judges if appointed and also on his record as convener of the transformation committee of the Pretoria Bar.

Madondo had in an interview for the judge president position last year that caused controversy when he had stated that the judge president of the KwaZulu-Natal division should be an ethnic Zulu, as that part of the population was in the majority in the province and that the judge president would have to interact in his official duties with political leadership of the same ethnic group.

This time around he suggested that these “social dynamics” made it a requirement that at least one of the judicial leaders in the province should be someone sensitive to that ethnicity and their historical and contemporary experiences.

The other contender for that position, Achmat Jappie, is the longest serving judge in that division and has the support of the majority of his colleagues on that bench, as well as the Advocates for Transformation in the province, the General Council of the Bar and the University of KwaZulu-Natal’s law school. During his interview Jappie noted wryly that he was classified “other coloured” during apartheid; “whatever that means”. He noted there were social issues that required attention in KwaZulu-Natal but was not convinced that his racial classification impacted the work that needed to be done as deputy judge president.

The commission also interviewed acting Labour Court judge president Basheer Waglay – the sole candidate for that position. He appeared to have a convivial interview.

Holocaust denial: German court to punish British bishop

bishop-richard-williamson — Bishop Richard Williamson

A German court is making a fresh attempt to punish a British ultraconservative Catholic bishop for denying the Holocaust in a television interview.

The regional court in the southern city of Regensburg has issued an order of punishment against Richard Williamson after an earlier conviction was overturned on a legal technicality last year.

Court spokesman Thomas Rauscher said Thursday that if Williamson accepts the order of punishment he will be required to pay an unspecified fine. If he objects, the case will go to trial again.

The 72-year-old Williamson told a Swedish TV station in 2008 that he did not believe Jews were killed in gas chambers during World War II. Holocaust denial is a crime in Germany.

Williamson is a member of the ultraconservative Society of St. Pius X. – AP

Corrie Sanders’s murderers in court

mwMike%20en%20Winnie%20%205.jpg — Corrie Sanders

Three black men accused of murdering former world heavyweight boxing champion Corrie Sanders appeared in the Brits Magistrate’s Court on Monday.

Paida Fish, 19, Samuel Mabena, 27, and Chris Moyo, 25, each face one count of murder and three charges of robbery with aggravating circumstances.

The matter was postponed to October 8 for further investigation. The men will remain in custody.

Mabena also appeared in court on Monday in connection with the murder of farmer Mauritz Oberholzer near Brits on September 5. This matter was postponed until Tuesday.

The three were arrested in the Oukasie informal settlement, near Brits, on Thursday after police received a tip off, police spokesman Brigadier Thulani Ngubane said last week.

At the address where the men were arrested, police recovered a cellphone, vehicle key, purse, handbag, and cash believed to have been stolen during the robbery in which Sanders was shot on September 22.

“Police then went to a second address and a third suspect was arrested,” Ngubane said.

The three men are Zimbabweans.

Sanders was at the Thatch Haven Country Lodge, in Brits, when armed robbers entered and began firing shots at random. Sanders was hit in the hand and stomach and died in the Kalafong hospital the next day.

Outside court members of the Oukasie SA National Civic Organisation protested.

“Our Constitution is failing us because criminals go free,” Michael Mhlongo said.

“They have taken our champion. We are sending our condolences to the Sanders family.”

He said the home affairs department had failed by letting foreigners into the country as they had no legal documents and therefore could not be traced if they committed crimes.

One man held up a poster which read: “They took Lucky Dube now it’s Corrie Sanders. Enough is enough with illegal foreigners. No bail.”

Sanders won the World Boxing Organisation’s heavyweight title in March 2003 by dropping Ukrainian Wladimir Klitsckho in the second round in Hanover, Germany. He retired five years later. – Sapa

Malema granted bail

Expelled ANC Youth League president Julius Malema was granted bail of R10,000 by the Polokwane Regional Court on Wednesday.

Malema was officially charged with money-laundering, for allegedly “receiving proceeds from unlawful activities”.

The affidavit he made in support of his application for bail was not read out in court. The case was postponed to November 30.

Malema appeared with his business partner and co-accused Selbie Manthatha.

An affidavit by Manthatha was read to the court by his counsel. It detailed his family life, his business and his assets.

Before Malema’s affidavit could be read, the court adjourned for five minutes.

When the case reconvened, bail was immediately granted to both of them.

Hawks’ spokesman McIntosh Polela said the charge against Malema should not be taken lightly.

“Money-laundering is not a frivolous charge, and it can incur a sentence of 15 years.”

He said there had been a lot of speculation in the media of more charges being brought against Malema, but this was not true.

Polela would not comment on the trial, and said he would prefer the case to be allowed to run its course.

Supporters clung to the gates outside the court waiting for feedback on the decision about Malema’s bail.

Hearing that it had been granted, they broke into song and dance.

Brigadier Hangwani Mulaudzi said no incidents of violence were reported.

“The crowd is very orderly and I hope it will remain smooth like this throughout the day.”

The crowd outside had swelled to nearly 1000 people in anticipation of an address by Malema.

Supporters of Malema welcomed him into the court on Wednesday with song and dance.

Malema’s family and supporters stood up in court and sang loudly when he entered the dock.

They sang: “Asani mahloni” [We are not ashamed]. Court officials did not stop the singing.

Suspended African National Congress Youth League spokesman Floyd Shivambu, suspended secretary general Sindiso Magaqa and senior ANCYL members joined the dancing.

Earlier, journalists, photographers and television camera crews were kicked out of the court.

Despite applications by certain media houses to be allowed into the court, reporters were removed by officials who insisted the applications were for individuals and not crews.

Pandemonium broke out when the journalists were forcibly removed. One was dragged out by two security guards.

eNews Channel Africa reporter Karyn Maughan collapsed outside the court.

Riot police were deployed inside the court to keep order.

Some journalists were later allowed back inside.

Supporters outside the court were adamant that Malema had done nothing wrong.

“There is nothing wrong [with what]… our leader did. If he did anything wrong why [is this case happening] now?” asked a supporter.

“It is because we are going to Mangaung. This is just a plan to sabotage our leader.”

Thulani Motsepe, 23, from Germiston said he took a taxi to Polokwane on Tuesday because he felt he needed to show the world that Malema was innocent.

Malema’s supporters believed their presence would have an impact on the charges against him.

“I came all the way from the inner city branch in Johannesburg, just to prove that there is no case against my leader,” said 27-year-old Xolelwa Ngele.

A placard carried by supporters read: “hands-off our leader, he did nothing wrong”.

When Malema arrived at the court, some of his supporters ran towards the court fence, jostling to get a glimpse of him.

Lethabo Mandela, 57, from Seshego joined the crowed in song and dance. She said she was prepared to die for Malema.

“Julius, I love you and I will support you until I die. I’m prepared to die for you. Police can come and kill me,” said Mandela, who joined the ANC in 1984.

She said charges against Malema should be dropped, like the corruption charges against President Jacob Zuma.

“If they can do it to Zuma they must also do it with Julius.”

The crowd sang songs in favour of Deputy President Kgalema Motlanthe, while mocking Zuma.

Nearly 600 supporters gathered outside the court.

Roads leading to the court were closed on Wednesday and police were monitoring the situation.

There was barbed wire outside the court and police Nyalas were positioned in various places surrounding the court.

Hundreds of Malema supporters sang and danced outside the courthouse. The crowd was expected to swell as the day progressed.

Others sat on the pavement, and leaned against the walls after participating in a night vigil for Malema on Tuesday.

Provincial ANCYL spokesman Klaas Mabunda claimed the crowd numbered 14,000 at 3am.

“Most of them are not here now. They have gone to town to get food because they are hungry.”

Malema is accused of money-laundering. The charge sheet lists him as accused number 10.

On Tuesday, four of his co-accused appeared in court and were granted bail of R40,000 each.

They are accused of fraud, corruption and money-laundering, relating to a R52 million tender awarded to On-Point Engineers. Four companies were also charged.

Malema handed himself over to the Polokwane police on Wednesday morning, before his court appearance, reported SABC. – Sapa

Court allows cameras to film Malema

JuliusMalema5 — Julius Malema in Pietersburg

The Polokwana Regional Court has allowed photographers and television cameras into the courtroom where expelled ANC Youth League president Julius Malema is appearing on Wednesday.

They were given permission to take pictures of Malema in the dock before proceedings, but were not allowed to record during proceedings.

The court was packed to capacity, with suspended ANCYL spokesman Floyd Shivambu and suspended secretary general Sindiso Magaqa in the public gallery with senior ANCYL members.

Malema is accused of money-laundering. The charge sheet lists him as accused number 10.

On Tuesday, four of his co-accused appeared in court and were granted R40,OOO bail each. They are accused of fraud, corruption and money-laundering, relating to a R52 million tender awarded to On Point Engineers. Four companies were also charged. – Sapa

Malema handed himself over to the Polokwane police on Wednesday morning, before his court appearance, reported SABC.

Hundreds of supporters rushed to Malema’s vehicle when he arrived at the police station.

One bench in the courtroom was set aside for journalists, and another for Malema’s family.

Roads leading to the court were closed on Wednesday and police were monitoring the situation.

There was barbed wire outside the court and police Nyalas were positioned in various places surrounding the court.

Scores of Malema supporters sang and danced outside the courthouse. The crowd was expected to swell as the day progressed. – Sapa

Malema will appear in Pietersburg court

An arrest warrant has been issued for expelled ANC Youth League leader Julius Malema and he is due to appear in a Pietersburg (ANC name: Polokwane) court next week.

“We were notified today that a warrant of arrest was issued for Mr Malema,” Malema’s lawyer Nicqui Galaktiou told Sapa.

“We don’t know which court and when it will happen, but we are engaging with authorities on that. It will be in Pietersburg.”

She said Malema had not yet been arrested.

“No, he hasn’t. My understanding is that he won’t be arrested.”

She said the charges against her client were unknown.

“We do not know what the charges are and we don’t have a copy of the warrant.”

The City Press reported earlier that Malema faced charges of money laundering, corruption and fraud relating to his Ratanang Family Trust and its share holding in On-Point Engineering, a company that allegedly made millions from Limpopo government tenders.

Earlier, authorities refused to comment or confirm the warrant.

The SA Revenue Service said it had nothing to do with the warrant.

“…We want to state categorically that any and all reports that SARS requested that a warrant be issued for Mr Malema’s arrest are completely untrue and without foundation,” it said in a statement.

“SARS is not involved in the criminal investigation into and prosecution of this matter.”

The Hawks said it did not issue warrants.

“The Hawks don’t issue warrants, so we don’t comment on that,” said Hawks spokesman McIntosh Polela.

Asked if the unit was planning to arrest Malema, he said: “Even if we were planning to arrest him, we won’t tell you.”

Police Minister Nathi Mthethwa’s spokesman, Zweli Mnisi, referred queries to provincial police.

Gauteng police spokesman, Brigadier Neville Malila, said he knew nothing about an arrest warrant for Malema.

Justice department spokesman Mthunzi Mhaga could not immediately be reached for comment.

Malema’s close colleague, suspended ANC Youth League spokesman Floyd Shivambu could not be reached for comment.

On Tuesday, Malema told reporters in Johannesburg if he was arrested, it would be done illegally.

“If we are illegally arrested tomorrow, we would have been arrested by [President] Jacob Zuma,” Malema said at the time.

He said he was willing and ready to go to jail, and was not intimidated.

“I have nothing to hide… I only have my convictions. Nothing will stop me from fighting for economic freedom, not even my death… We are unshaken.”

Malema said he had it “on good authority” that there were instructions “to get rid of some us…”

At the time, presidential spokesman Mac Maharaj said: “The presidency is aware that this person is prone to making wildly unsubstantiated and unwarranted claims and statements, and we do not wish to dignify them.” – Sapa