It has been a busy year in the courts. Between Shaik's last-ditch Constitutional Court appeals, Zuma's attempts to have access to information blocked and the seemingly endless postponements of the Kebble case, there have been some sensational trials and groundbreaking rulings. We look at the top trials of 2007.
Contract killing of infant
Co-accused
Sipho Mfazwe, Mongezi Bobotyane, Zanethemba Gwada and Bonginkosi Sigenu.
Charge
Accused of hiring four hit-men to murder six-month-old baby Jordan-Leigh Norton at her grandparents' home on 15 June 2005.
Judge
Basheer Waglay.
Motive
Jordan-Leigh Norton was the daughter of Rodrigues' lover Neil Wilson and his former lover Natasha Norton.
Rodrigues is alleged to have contracted the killing to save Wilson the burden of maintenance and get rid of the shame associated with an illegitimate child.
Defence
Claimed the murder was an abduction aimed at settling a maintenance dispute which "went horribly wrong".
Verdict
Guilty.
Sentence
Media circus
As South Africa’s first known contract killing, this case generated considerable media hype. Extraneous factors such as the racial profiles of the accused and victims also resulted in unprecedented public interest.
Who killed Inge Lotz?
State vs Fred van der Vyver Accused
Charge
Accused of bludgeoning his girlfriend Inge Lotz repeatedly on the head
and stabbing her 17 times until she died at her flat in Stellenbosch on 16 March 2005.
Judge
Deon van Zyl.
Motive
The State alleged that the motive for the murder was a dispute that the couple had had that morning, possibly over infidelity on the part of Lotz.
Defence
Claimed that Van der Vyver was at his place of work (Old Mutual) at the time of the murder (according to security footage, cellphone use and computer use) and that the only evidence linking him to the crime (a fingerprint on a DVD case) had been lifted from a glass and planted by police. Defence enlisted foreign experts to dispute the evidence put forward by the State.
Verdict
Not guilty.
What the judge said
Van Zyl ruled that without evidence to the contrary, Van der Vyver’s alibi had to be accepted as reasonably true. He ruled that the State had failed to prove beyond reasonable doubt that Van der
Vyver had motive or that he had been at the scene of the murder. He criticised the investigation as 'unscientific' and 'incompetent' and called police testimony 'unreliable' and 'dishonest'.
Media circus
Media interest in this case was piqued not only by the violent death of a young white woman, but also because the accused appears to have been framed by the police.
A waterless case?
Charge
Charged with contravening the Intelligence Services Act by allegedly withholding information from Inspector General of Intelligence Zolile Nqcakane about the botched surveillance of businessman Saki Macozoma.
Judge
Dreyer van der Merwe.
Verdict
Not
guilty.
Media circus
Media interest in this case waned as the testimonies became increasingly confusing and as the general political focus shifted away from Masetlha.
Related cases
The Constitutional Court dismissed Masetlha's appeal against his dismissal by President Thabo Mbeki, ruling that the president had the power to fire Masetlha and this included the right to amend his term of office. Masetlha — together with IT specialist Muziwendoda Kunene and former NIA manager for electronic surveillance Funokwakhe Madlala — still faces fraud charges in the Pretoria Commercial Crimes Court relating to the alleged hoax emails implicating senior ANC members in a conspiracy against former deputy president Jacob Zuma.
The principle remains
KZN MEC of Education vs Pillay
The Respondent
Sunali
Pillay.
Judge
Chief Justice Langa
History
In 2004 Sunali Pillay wore a nose stud to Durban Girls High School claiming that, as a Hindu, it was part of her cultural and religious history. The school would not allow her to wear the stud and she took the school and the KZN MEC of Education to the Equality Court. The court ruled in favour of the school.
Pillay then appealed to the High Court, which overturned the decision, finding that the school had discriminated against Pillay. The school and KZN MEC of Education appealed this decision at the Constitutional Court.
Verdict
High Court ruling was upheld. Pillay was found to have been discriminated against when she was refused permission to wear a nose stud.
What the judge said
Media circus
Although somewhat drawn out, this case evoked strong emotions because of its religious content and the potential ramifications of the groundbreaking ruling.
Health at stake
The Respondent
The Sunday Times.
Judge
Mahomed Jajbhay.
Charge
The applicants charged that The Sunday Times had contravened the National Health Act by publishing information garnered from Tshabalala-Msimang's stolen medical records. They asked for a return of the medical records and an interdict restraining The Sunday Times from further comment on the records. They also asked that the respondent be forced to destroy any
reference to the records in the notebooks or on the computers of any of their employees.
Defence
The Sunday Times argued that a classic justification of invading privacy was to expose hypocrisy or inconsistency and that a restriction on publication would infringe on the right to freedom of expression.
Verdict
The Sunday Times was ordered to hand back all medical records to the minister, but the judge refused to stop the newspaper from commenting on the information saying this would amount to censorship.
What the judge said
"The overwhelming public interest points in the direction of informing the public about the contents incorporated in the medical records in relation to the first applicant (the minister), albeit that these medical records may have been unlawfully obtained."
Media circus
Not surprisingly, considering that the case dealt with the freedom of expression and South Africa's most
vilified minister, the media preoccupation with this case was considerable.
Crime of passion for pesos?
Co-accused
Waheed Hassen, Abdoer Raasiet Emjedi and Jefferson Snyders.
Charge
Charged with shooting and killing her husband entertainer Taliep Petersen in his home on 16 December 2006.
Judge
Robert Henney.
Motive
Najwa and her daughter, Zainub Petersen, were the beneficiaries of a R5.3-million life insurance policy on Taliep Patersen. Najwa had allegedly previously stabbed Petersen whilst he was sleeping.
Defence
In a bail application, the defence claimed that Najwa suffered from multiple, chronic psychiatric disorders and was therefore not fit
to stand trial. A psychiatric examination at Valkenberg Hospital, however, found her fit to stand trial and criminally responsible for her actions. The judge also denied a second bail bid which centred on alleged irregularities during police questioning and the well-being of Zainub Petersen.
Trial date
25 February 2008.
Media circus
The details of the violent death of one of South Africa's most beloved entertainers was bound to captivate the media and the nation. The fact that his psychologically unstable widow has been implicated in his death only increases the intrigue.