ISSN: 1991 - 2110 EX TEMPORE Tempore 10.pdfISSN: 1991 - 2110 EX TEMPORE IS THE OFFICIAL NEWSLETTER OF THE ASSOCIATIO N OF REGIONAL MAGISTRATES OF SOUTHERN AFRICA [ARMSA] TERMS OF USE

ISSN: 1991 - 2110

EX TEMPORE IS THE OFFICIAL NEWSLETTER OF THE ASSOCIATION OF REGIONAL MAGISTRATES OF SOUTHERN AFRICA [ARMSA]

TERMS OF USE SEE WWW.ARMSA.ORG.ZA OR CONTACT [email protected] © ARMSA DIGITAL PUBLICATIONS 1995 -2007

EX TEMPORE

VOLUME 3 No 10. OCTOBER 2007 A. MEMBERSHIP NEWS

We wish to congratulate the following members on their birthdays during November 2007:

The following colleagues joined us recently as new members. Welcome! We hope that we will be able to be of service to you:

Ms H. Habib : Johannesburg Ms K. Pillay : Wynberg Mr G. Abrahams : Durban Ms N. Dembula-Smile: Bellville

We wish to congratulate the following members who have been elected to serve on their Regional Committees for the period 2007/2008:

Northern Cape: Mr Malcolm Viewe Chairperson Ms Selina Tsotsa Secretary Mr Danie Schneider Treasurer

North West: Ms Tebogo Djaje Chairperson Ms Abigail Juries Secretary Mr Stefan du Toit Treasurer Gauteng: Mr Simon Radasi Chairperson Mr Theunis Carstens Secretary Mr Frans Booyens Treasurer Kwazulu Natal: Ms Fariedha Mohamed Chairperson Ms Sitembiso Maphumulo Secretary Mr Anand Maharaj Treasurer Free State: Mr Moraole Menong Chairperson Ms Dawn Soomaroo Secretary Ms Marina Voges Treasurer Limpopo: Mr Louis Claassen Chairperson Ms Marie Viljoen Secretary Mr Pandelani Mudau Treasurer

To all the outgoing committee members: Thank you for your hard work and commitment! We also wish to congratulate two of our members, Mr O.A. Pako and Mr R.H. Motsomane of North West, who are acting in the High Court in Mmabatho until the end of the term. Three of our colleagues, Mr Paul du Plessis (Johannesburg), Willem Hahn (Durban) and Andre Groenewald (Welkom) will be retiring at the end of the month.

Prinsloo, S Wynberg 11/01 Potgieter, JJ Port Elizabeth 11/2 Botha, W J Soweto 11/03 Mali, R Phuthaditjhaba 11/05 De Klerk, M Empangeni 11/05 Wilken, WJ Nelspruit 11/10 Khumalo RG Stanger 11/11 Maphumulo S Durban 11/12 Prinsloo, TL Modimolle 11/15 Van Wijk, B Odi 11/16 Bosch,AJ Welkom 11/19 Groenewald, A Welkom 11/ 19 Du Plessis, P J Johannesburg 11/20 Matthys, R E F Roodepoort 11/20 Wessels, J H Pretoria 11/21 Ramdeyal, Tl Welkom 11/23 Hahn W Durban 11/26 Gerber, TP Port Elizabeth 11/27 Pretorius, A Mthatha 11/29

EX TEMPORE VOL. 3 NO. 10. OCTOBER 2007

Good luck, enjoy the well-earned rest and thank you for all your contributions to ARMSA over the years! However it is with great sadness that we were informed that Mr Hahn has been diagnosed with lung cancer. Please keep him and his family in your prayers!

B. JUDICIAL EDUCATION CASE LAW UPDATE

Attached you will find the monthly update of case law. [Annexure A] The last in the series of the workshops on the Sexual Offences Bill, took place from 2 – 4 November 2007 for Regional Magistrates from Mpumalanga and Limpopo. It was received positively.

C. PROJECT COMMITTEE

PROJECTS: ARMSA / KHULISA PARTNERSHIP

The ARMSA President and National Projects Chair person attended Khulisa’s 10 year anniversary celebration on Tuesday 30 October 2007 held at Gordon Institute for Business Science.

The presentation and launch of their 2008 projects was very informative. It was good to interact with other organizations / persons both local and international.

The Department of Justice & Constitutional Development and the national initiative for the overcrowding of prisons were also represented at this celebration. We received literature on Khulisa’s programs and will share it with the members at the November conference.

ARMSA would like to thank Lesley Ann Director of Khulisa for including us in their celebration

D. ANNUAL TRAINING: CONFERENCE 15 – 17 NOVEMBER 2007

FINAL LIST OF PARTICIPANTS Attached you will find a list of participants who indicated that they will attend the conference on sentencing challenges in the regional court. [Annexure “B’]

Please ensure that your name appears on the list should you wish to attend. If you are no longer attending and your name appears on the list, please inform us accordingly on or before 9 November 2007. If you still wish to attend but your name does not appear on the list, please inform us on or before 9 November 2007. AIR TICKETS TO CONFERENCE Please take note that those of you travelling by air, details were provided to the donor, who will make use of a travel agent of choice to do the bookings. The travel agent will contact you soon to provide you with the details. We are not in a position to do the booking or change the bookings. PROGRAMME Attached you will find the draft programme for the conference. [Annexure “C”] Please take note that the dress code for Thursday evening is day suit/traditional attire. For the rest of the conference it will be smart casual. All liquor will be for your own account. It is expected of you to attend all the sessions in the programme. MAP TO THE VENUE Attached you will find a map indicating the route to the venue. [Annexure “D”] OUTSTANDING PAYMENTS FOR SINGLE ROOMS As indicated earlier, R200 per night must be paid to secure a single room. Some participants’ payment of R400 is still outstanding.

C. ANNUAL GENERAL MEETING (AGM)

The Annual General Meeting will take place on 16 November 2007 at 17h00, at Birchwood Executive Hotel. Attached you will find the agenda for the

EX TEMPORE VOL. 3 NO. 10. OCTOBER 2007

meeting, the minutes of the previous Annual General Meeting, as well as all the reports which will be tabled. [Annexure “E”] Please study these documents. We are not going to distribute copies of all of them again at the Annual General Meeting.

EX TEMPORE

EDITOR:

ADRIAAN BEKKER

LANGUAGE EDITOR: ALLAN COWAN

DESIGN & LAYOUT EDITOR:

LOUIS CLAASSEN

PRINTER: ARMSA DIGITAL PRESS.

ISSN: 1991 - 2110

CONTACT US:

[email protected]

TERMS & CONDITIONS OF USE:

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© COPYRIGHT ARMSA 1995 -2007

COPYRIGHT IN ALL INFORMATION, IMAGES, AND OTHER MATERIAL CONTAINED IN THIS DOCUMENT WHICH IS NOT ATTRIBUTED TO A THIRD PARTY, IS HELD BY ARMSA.

WHERE ANY MATERIAL ORIGINATION FROM THIS DOCUMENT IS USED, DISCUSSED OR MULTIPLIED THE NAMES OF THE AUTHORS OR PHOTOGRAPHERS MUST BE QUOTED.

Ex Tempore

ANNEXURE “A”

EX TEMPORE VOL. 3 NO. 10 OCTOBER 2007

HOT FROM THE BENCH

GENERAL: I’ll be pleased to have any unreported judgments you may have at hand and regard as noteworthy. If I can use the judgments I’ll refer to it and keep it at hand for any-one who wishes to have a look at it. Please mail it by snail mail, e-mail or even fax it to me. My particulars are: Private Bag X3, UITENHAGE 6230. E-mail: [email protected] and telephones at (041) 992-4211 (W) or 082 3366 276 with fax at (041) 992-2907. I further should like to point out that it’s not my aim to comment at this stage on the judgments. My contribution is purely to draw attention to the judgments. The idea is to assist those who do not have access to the various reports. If necessary we may consider compiling comments on some reports. You may further, at all times, contact me if you wish to have copies of judgments I referred to. DIRK LOUW

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS v GERBER AND ANOTHER 2007 1 SACR 384 (W)

This matter deals with application for a forfeiture order in terms of sec 50 of the Prevention of Organised Crime Act, 1998. The conclusion the court came to is summarised in the head notes as:

“Held, that a deprivation of property under the provisions of ch 6 of POCA would be arbitrary, within the meaning of s 25(1) of the Constitution of the Republic of South Africa, 1996, if, inter alia, there did not exist sufficient reason for that deprivation. In making that determination, some of the relevant facts to which the Court would have regard were: (i) whether the property was integral to the commission of the crime; (ii) whether the forfeiture would prevent the further commission of the crime and its social consequences; (iii) whether the innocent owner defence was available to the

respondent; (iv) the nature and use of the property; and (v) the effect on the respondent of the forfeiture of the property. Held, further, that, on the facts of the present case, an order of forfeiture of the property owned by the second respondent, in circumstances in which she had committed no wrong, would result in an arbitrary deprivation of property within the meaning of s 25(1) of the Constitution. Held, further, alternatively, having regard to all of the facts of the present case, that it would not be appropriate to make a forfeiture order that would leave the second respondent, her foster child and her elderly mother homeless. Application dismissed.“

S v HESLOP 2007 1 SACR 461 (SCA)

The accused in this matter was arraigned in the High Court (WLD) on three counts of murder, but was convicted on three counts of culpable homicide and sentenced to six years’ imprisonment. Due to the number of aspects which gave rise for criticism, the head notes would better serve the summary. It reads:

“Some ten years after the appellant was convicted of three counts of culpable homicide and sentenced to six years' imprisonment, the Registrar of the High Court made the trial record available to the Court of appeal. Despite a request by the appeal Court for an explanation from the Registrar for the delay in making the record available, no explanation was forthcoming. Held, that it was unacceptable that the Registrar had simply ignored the appeal Court's request for an explanation for the delay in making the record available and the matter had been referred to the Minister for investigation. Held, further, that the Court a quo misdirected itself in a number of respects: (1) In applying the civil standard of proof; (2) in accepting the State's version when it was inconsistent with the proved facts, namely, the medical evidence as to the appellant's injuries; (3) in finding that the single eyewitness was corroborated by the ballistics report; (4) in disallowing proper cross-examination of the witness's explanation for his previous inconsistent statement; (5) in finding that the single eyewitness was an 'impressive witness' when the record showed that his performance as witness was far from satisfactory; (6) in its findings of fact; (7) in rejecting the appellant's version of the shooting incident on the basis of where on his body he was shot; (8) in failing to have regard to the appellant's obvious merits as a witness; and

(9) in drawing inferences adverse to the appellant from facts not canvassed in evidence. Held, further, in respect of (4), that, in disallowing proper cross-examination on the witness's previous inconsistent statement, the Court a quo committed a fundamental irregularity which would have justified an application for a special entry in terms of s 317 of the Criminal Procedure Act. It nevertheless constituted a ground of appeal in that, in consequence of that irregularity, the appellant did not receive a fair trial and his appeal had to succeed on that ground alone. Held, further, in respect of (5), that, while an appeal Court was required to show B deference to the credibility findings of the trial Court based directly or indirectly on the demeanour of witnesses who testified before it, where the trial court made favourable credibility findings which were not borne out by the witness's evidence as it appeared from the record, the appeal Court would more readily interfere with the trial Court's findings as to the weight to be attached to the witnesses' evidence and its ultimate conclusion based on those findings. Held, further, in respect of (7), that it was notoriously difficult to draw inferences from the location of wounds, even when the tracks of wounds were known, to establish how a shooting incident must have occurred. Expert evidence was usually required. Held, further, in respect of (9), that it went without saying that it was a requirement of a fair trial that, if a court intended drawing an adverse inference against an accused, the facts upon which that inference was based had to have been properly ventilated during the trial before the inference could be drawn. Held, accordingly, that it could not be said that the guilt of the appellant had been proved beyond a reasonable doubt. Furthermore, the failure by the Court E a quo to allow proper cross-examination of the principal witness had the effect of denying the appellant a fair trial. Appeal allowed and convictions and sentences set aside.”

S v JACOBS 2007 1 SACR 474 (C)

During the course of her evidence in chief the complainant in a rape matter broke down and during the course of the adjournment the prosecution consulted with her. The question arising whether such consultation amounted to an irregularity. At 475H:

“It is common cause, though, that the complainant was still at an embryonic stage of her evidence-in-chief. The complainant before the conclusion of the evidence-in-chief essentially remains the prosecution's witness. It must never be encouraged that prosecutors be at liberty to consult with their witnesses who have

been sworn in and are busy giving evidence-in-chief, because this remains irregular. But this irregularity is not so serious that it should be elevated to the status of having an effect of vitiating the proceedings. There is good and understandable reason how it came about that the prosecution consulted with the complainant in casu. My views would ordinarily be different if the complainant had finished testifying in chief and the defence was already busy with cross-examination”

And at 476D:

“In the result therefore I hold that the irregularity complained of in the instant matter does not necessitate the setting aside of the proceedings with its consequent starting of the matter de novo before other court officials. Consequently I make an order that the matter be proceeded with before the same presiding officer as if nothing had happened. Any of those prosecuting officials is quite entitled to proceed with the matter. I hasten to add that this decision is not in future to be used as precedent to encourage prosecutors to consult with witnesses who are under oath and are busy testifying.”

S v MOTAUNG 2007 1 SACR 476 (SELD)

This matter deals with sentence procedure in the High Court after conviction on a count of rape in the regional court, Port Elizabeth. With regard to the intermediary, at 479E:

“As I understand the judgment in S v Booi and Another (supra), Mogoeng JP held on the facts (1) that the statutory requirements for the proper appointment of an intermediary were not properly considered and were not met; and (2) that the intermediary was not regularly appointed because no oath or affirmation was administered. In this case the first point does not arise. The second point most certainly does. I am in agreement with Mogoeng JP that the failure to administer an oath or affirmation constitutes an irregularity. An intermediary plays an important role in the process of presenting evidence to the court in a fair and proper manner, which is the best of reasons to require an oath or affirmation. Furthermore, while the introduction of the intermediary procedure to avoid distress to a child witness is to be welcomed, it must not be forgotten that the price to be paid is an inroad upon the fundamental rule of our criminal procedure that the accused is entitled to be confronted by the accuser in open court (S v Stefaans 1999 (1) SACR 182 (C)). The impact of this inroad must be reduced as much as possible. One procedural method of reducing it is to require the intermediary to perform his or her functions in accordance with an oath or affirmation which acknowledges the solemn and important function he or she performs in the courts. The

oath or affirmation will ensure that the intermediary appreciates the need to convey properly, accurately, and to the best of his or her ability the witness's evidence to the court, and, where necessary, to convey the general import of what is said to and by the witness. An intermediary performs a similar function to that of an interpreter. It is recognised that, although there is no statutory direction in the Supreme Court Act 59 of 1959 or the Magistrates' Courts Act 32 of 1944 or the Criminal Procedure Act 51 of 1977, that an interpreter be sworn in, a failure to swear him in constitutes an irregularity which may amount to a fatal irregularity (S v Naidoo 1962 (2) SA 625 (A)). The administration of an oath to an interpreter is governed by practice and the rules of admissibility of evidence, and is now formalised by Uniform Rule 61(1) and (2) and Magistrates' Courts Rule 68(1) - (5). In my view, the same rules of practice require that an oath or affirmation be administered to an intermediary in every case as a matter of course, unless intermediaries in full-time employment of the State are required to take a general oath in the same way as full-time interpreters.”

S v MABENA AND ANOTHER 2007 1 SACR 482 (SCA)

The matter was dealt with previously.

S v JOSEPH 2007 1 SACR 496 (W)

The head notes read as follow:

“Section 35(3)(d) of the Constitution of the Republic of South Africa, 1996, entrenches an accused person's right to have their trial begin and conclude without unreasonable delay. The object of this provision is to protect the accused's liberty, personal security and trial-related interests. In casu, the accused had first appeared in court on 20 October 2005. On 2 November 2005 he was referred to a psychiatric hospital for observation in terms of s 77 of the Criminal Procedure Act 51 of 1977. Due to the unavailability of beds at the hospital, there were several postponements over the next seven months and, at a further appearance on 14 June 2006, the matter was struck from the roll. On special review, the question was whether or not a period of eight months amounted to an unreasonable delay, taking into account the reasons therefore. The three most important factors to be considered in such a case were: the nature of the prejudice suffered by the accused; the nature of the case; and the systemic nature of the delay. The delay had been caused by the number of accused persons committed for observation. There was no question of a dereliction of duty; the problem was a systemic one arising from the reality of limited resources. The magistrate should have investigated the reasons for the delay and could have considered a further postponement; alternatively, he could have considered granting bail subject to appropriate conditions. The present predicament of resource limitations hampered the proper administration of justice and, under

such circumstances; judicial officers must adopt more creative strategies to protect the rights of accused persons. In the instant case the delay was a reasonable one and the matter had been struck from the roll prematurely.”

PRICE v MUTUAL & FEDERAL INSURANCE CO LTD 2007 1 SACR 501 (SELD)

In this matter a civil action for damages was instituted by the plaintiff, a Port Elizabeth practicing advocate, after an accident occurred. During the course of the investigation of the incident a breathalyser was used to determine possible intoxication. At 511G:

“I was referred to the case of S v Strydom 1978 (4) SA 748 (E). This is a criminal case and obviously the standard of proof is proof beyond a reasonable doubt. It was held that the evidence of the expert witness in that case could not be accepted as proof that the analysis of the appellant's blood by the instrument used had been accurate. Though the appellant had not given any evidence in his defence, he had, however, in his plea statement stated that the analysis of the specimen had not given a reliable result. One of the points taken on his behalf was that there was paucity of evidence towards establishing the reliability of the analysis performed.”

S v COLLARD

2007 1 SACR 522 (W) The accused was convicted by the magistrate, Randburg on a count of theft. A suspended sentence was imposed on condition payments were to be made towards the complainant. The magistrate, however, failed to stipulate when payments were to be made or that it was to be made periodically. At 525H:

“ In the instant matter it is not the convictions or the sentences per se that the review is aimed at. The convictions are in fact in order. The sentences imposed in both cases were otherwise competent. The accused, in terms of the sentences imposed, remains liable to the complainant for the full amount he was ordered to repay. What needs to be reviewed as recommended by the magistrate are the terms and conditions of such repayment. The motivation for the recommendation is that the sentences are impractical and detrimental to the complainant who would have to wait until 3 August 2010 for any repayment to occur by the accused. In my view, the accused can hardly be said to be prejudiced. His burden is not increased. He is merely called upon to make some immediate commitment towards reducing his original liability. The sentences essentially remain unchanged but seek to introduce some monthly repayments by the accused. He offered to repay the complainant although in smaller instalments. There is indeed no evidence on record that the accused has effected any repayments since the sentences were passed on him”

S v ESPOSITO 2007 1 SACR 527 (C)

The case deals with the review of an admission of guilt case and is not dealt with further.

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS v BRAUN AND ANOTHER 2007 1 SACR 556 (C)

The applicant applied for an order in terms of sec 38(1) of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998) for the preservation of property. The order was later set aside due to defects in the application. Now an application is brought afresh on more or less the same lines as previously. At 559H:

“There is nothing in the draft order submitted by counsel which excites concern, the only point to be noted being that the clause in which costs are sought in the event of the matter being opposed now falls away. The preservation order is cast in final form, as opposed to a rule nisi. Section 38 of the Act empowers the applicant to seek preservation orders by way of ex parte application. In the particular circumstances of this matter, it being a second application and one brought on notice to the respondents, together with the fact that the preservation order is in itself of a temporary nature, it seems to me that no point is served by granting the order in anything but final form.”

At 560H:

“In Zweni v Minister of Law and Order 1993 (1) SA 523 (A) it was held that, generally speaking, a non-appealable decision is a decision which is not final (because the court of first instance is entitled to alter it), nor definitive of the rights of the parties, nor has the effect of disposing of at least a substantial portion of the relief claimed in the main proceedings. Having regard to the fact that the rule nisi previously discharged was a preservation order in terms of s 38 of the Act and, in other words, a precursor to the real relief sought, namely, a forfeiture order, and to the fact that it was discharged for want of full disclosure in an ex parte application, I am of the view that the judgment lacks the second and third attributes for an appealable judgment or order. Those attributes are that the judgment or order must be definitive of the rights of the parties and, thirdly, it must have the effect of disposing of at least a substantial portion of the relief claimed in the main proceedings. In my view, the applicant would have found it difficult, in the circumstances of the present matter, to have sought to appeal the judgment of Traverso DJP. Quite apart from that consideration, I can see no reason in principle why, where an application such as was previously brought by the applicant is dismissed on a basis that full disclosure was not made in an ex parte application, he should be barred from approaching Court again for the same relief in a fresh application.”

And at 562D:

“In order to succeed in obtaining a preservation order in respect of the immovable property the applicant must satisfy this Court that there are reasonable grounds for believing that the property concerned is an instrumentality of an offence referred to in Schedule 1. That Schedule includes the statutory offence of unlawful carnal intercourse with a child under a specified age, committing an immoral or indecent act with a child under a specified age, soliciting or enticing such child to the commission of an immoral or indecent act, attempted rape and contraventions of s 20(1) of the Sexual Offences Act 23 of 1957. Having regard to the affidavits filed in support of the application by or regarding minor girls with whom the first respondent allegedly had unlawful sexual intercourse or with whom he committed so-called indecent acts it is clear that the alleged offences fall within the statutory scheme. The question which arises is whether the immovable property in question was an instrumentality of such an offence or offences”

S v AUBE 2007 1 SACR 655 (W)

The accused was convicted in the regional court Johannesburg for being in possession of goods suspected of being stolen. On appeal at 657C:

“It also seems clear that, for an account to be satisfactory, it must be to the effect that the person bona fide believed his possession to be innocent, having regard to the objects of the legislation, namely, the combating of theft. However, it has been a somewhat controversial question whether this is sufficient or whether the person's belief must be not only bona fide or honest, but also reasonable. There are statements in two Free State cases in the early sixties to the effect that the belief must be both bona fide and reasonable. See S v Mokoena 1962 (2) PH H144 (O); S v Nader 1963 (1) SA 843 (O) at 848E - 849C. Hunt criticised these statements as introducing objectivity into what should be a subjective test. See P M A Hunt South African Criminal Law and Procedure vol II 'Common-law Crimes' 2 ed (1982) by J R L Milton at 667, pointing out that the cases relied on as supporting the dicta did not actually do so. See also, to the same effect, C R Snyman Criminal Law 4 ed (2002) at 517. More recently it has been held in the Northern Cape, approving Hunt's criticism, that the satisfactoriness of the account must be judged by what the person subjectively believed: the belief need not also be objectively reasonable. See S v Bloem 1993 (1) PH H16 (NC).”

S v SNOTI 2007 1 SACR 660 (E)

The appellant was convicted on a count of raping a 9 years old girl and sentenced to life imprisonment. With regard to sentence at 662F:

“In coming to the conclusion that no substantial and compelling circumstances existed which justified the imposition of a lesser sentence than the minimum sentence of life imprisonment prescribed by s 51 of the Criminal Law Amendment Act 105 of 1997 the learned Judge took into account as aggravating features two factors in particular. First, that complainant was a helpless little girl aged 9 years who had been given a place to sleep in appellant's room where she was supposed to be safe. Instead of protecting her appellant raped her in the presence of an adult woman. Secondly, the fact that at the time of the incident appellant was, to his knowledge, HIV-positive.”

And at 663C:

“In his judgment on sentence the learned Judge emphasised, correctly, with respect, that the rape of a small child such as complainant is always an extremely serious matter, even in the absence of serious injury and despite there being no evidence of permanent psychological after-effects. This is all the more so where the perpetrator is a man in a position of trust vis-à-vis the complainant. I agree further with the learned Judge that the fact that appellant was aware that he was HIV-positive at the time that he committed the offence places this case within the worst category of rape cases. Compare S v Mahomotsa 2002 (2) SACR 435 (SCA) at 443f - h. Ms Theron, who appeared for appellant, emphasised the fact that complainant had not been infected. I am not persuaded that this fortuitous circumstance has any bearing on appellant's moral blameworthiness. His conduct in raping a 9-year-old child entrusted to E his care while knowing of his HIV status was reprehensible in the extreme.”

S v MLAMBO 2007 1 SACR 664 (W)

The accused was convicted on the dealing in 121 grams of dagga and sentenced to a fine of R1 000 or 5 months imprisonment. At 666D:

“I am unable to agree with this statement. It is not clear to me that the section intends to vest the court with a discretion to choose which of the sentences or which combination of sentences to impose. On the contrary, the wording of the section leaves me in no doubt that the opposite is intended and that the court is obliged to impose a sentence of direct imprisonment and, only when it has

done so, may it couple a sentence of a fine with an alternative of imprisonment to the sentence of direct imprisonment”

And at 666G:

“My conclusion is underlined by the significantly different penalties provided in s 17(a), (b), (c) and (d), where the wording differs materially from that of s 17(e). In each previous section the court is authorised to sentence the accused to a 'fine or to imprisonment or to both such fine and such imprisonment'. In each case therefore the first sentence option is a fine, and imprisonment is thereafter authorised as an alternative sentence to the imposition of a fine. This difference makes the intention of the Legislature in s 17(e) even clearer, as the preceding sections authorise a fine as the first of three options. Section 17(e) signally does not, and only authorises a fine in conjunction with imprisonment ('or to both such imprisonment and such fine as the court may deem fit'). The change in wording was clearly not accidental, but the change appears to have eluded numerous courts, including those hearing the matters of Mahlangu (and various cases there cited) and Sokweliti. What is apparent from the change in wording is that the Legislature intended that dealing in dagga should be dealt with much more severely than lesser offences such as possession thereof. I am therefore satisfied that the conclusion of Jafta J is clearly wrong and his judgment in Sokweliti should not be followed. Similarly, Mahlangu was clearly wrongly decided, presumably per incuriam, and I decline to follow it. “

S v ROOI 2007 1 SACR 668 (C)

The head notes say it all:

“The accused was convicted in a magistrates' court of contravening s 65(2)(a) read with s 89(1) and 89(2) of the National Road Traffic Act 93 of 1996, in that he had driven a motor vehicle on a public road while the concentration of alcohol in his blood was 0,22 g per 100 ml. He was sentenced to a fine of R20 000 or 12 months' imprisonment, suspended for five years, and to undergo 240 hours of periodical imprisonment over five successive weekends. On automatic review, Held, that the magistrate had misdirected himself in proceeding on the basis that an accused could be fined an amount of R1 500 for every one hundredth of a gram in excess of 0,05 of a gram of alcohol concentration. Such a mechanistic sentencing formulation

was completely inappropriate as it fettered the sentencing officer's discretion. Held, further, that the magistrate had also misconstrued the Adjustment of Fines Act 101 of 1991 and had not properly understood the jurisdiction he enjoyed. The Adjustment of Fines Act, read with s 92(1)(a) and (b) of the Magistrates' Courts Act 32 of 1944, established the rate between a sentence of imprisonment and a permitted fine. As the maximum sentence for this offence was six years' imprisonment, a district court was permitted to impose a fine of up to R120 000. Accordingly, a district court's sentence jurisdiction for this offence was a fine of up to R120 000, and not, as the magistrate had considered, R60 000. Held, further, that the maximum permitted fine was not a bench-mark. Any fine must bear a relation to the convicted person's means and must fall within the sentence parameters established in similar cases. The 'norm' for such sentences was a fine of R4 000 to R6 000 with an alternative of imprisonment for between six and 18 months. Held, further, on the facts of the present case, that the accused earned R4 000 per month. Although the alcohol concentration was significant, and although he had a previous conviction, there were no other factors justifying the imposition of such an extraordinarily high fine. While it would have been appropriate to impose a fine of R6 000, partly suspended, together with some form of non-custodial punishment, the accused had already served his periodical imprisonment. Accordingly, the appropriate sentence would be a fine of R6 000 or 12 months' imprisonment, totally suspended, together with the periodical imprisonment already served. Sentence altered accordingly.”

S v WEBSTER 2007 1 SACR 672 (E)

The accused was convicted on a charge of the possession of dagga and mandrax tablets and sentenced to twelve months imprisonment. On review with regard to sentence at 673G:

“I am of the view that the magistrate misdirected himself in imposing sentence. His reasons disclose that he failed to grasp the import of the probation officer's report and that he overemphasised the gravity of the offence at the expense of the personal circumstances of the accused.”

And at 674H with reference to deterrence:

“Finally, the prevalence of drug-abuse cannot, on its own, be sufficient to justify a sentence of direct imprisonment where on all the facts such a sentence is not otherwise justified. The accused should not be sacrificed on the altar of deterrence.”

S v MIGGEL 2007 1 SACR 675 (C)

The accused was charged with robbery with aggravating circumstances. With regard to identification at 678A:

“It is settled law that the evidence of a single witness must be approached with caution. In the normal course of events, the evidence of a single witness will only be accepted if it is in every important respect satisfactory or if there is corroboration for that evidence. (See S v Sauls and Others 1981 (3) SA 172 (A) at 180E - G; S v Letsedi 1963 (2) SA 471 (A) at 473F; R v Mokoena 1956 (3) SA 81 (A) at 85 - 6.) The corroboration that is required is confirmatory evidential material outside the evidence that is being corroborated. (S v Khumalo en Andere 1991 (4) SA 310 (A) at 328A - B.) The corroboration does not necessarily need to link the accused with the crime. “

EX TEMPORE

ANNEXURE “B”

TRAINING CONFERENCE FOR REGIONAL MAGISTRATES

ATTENDANCE LIST

15 - 17 NOVEMBER 2007

SURNAME NAME ID NUMBER OFFICE POSTAL ADRESS

E-MAIL ADRESS PHONE NUMBERS

Birth dateMm/dd

ACCOMODATION

1. Allers,D Dewald 6005235011080 Port Elizabeth Private Bag X3904 North End, Port Elizabeth 6056

[email protected]

041-5025208 0823765042

05/23

2. Beshe,T Thami 5905260168088 Port Elizabeth Private Bag X3904, North End, Port Elizabeth 6056

[email protected]

041-5025208 0832302450

05/26

3. Booi, LA Lawrence 4902175175085 Mount Frere Private Bag X9004, Mount Frere 5090

[email protected]

039-2550110 0826557176

02/17

4. Conjwa, N Noluthando 6406260158087 Umtata Private Bag X5046, Umtata 5099

[email protected]

047-5326282 06/26

5. Cooney, K Kenny 6806225061085 Port Elizabeth Private Bag X3904, North End, Port Elizabeth 6056

[email protected]

041-5025208 0832790860

06/22

6. de Waal, D

Doreen 6412310114088 Butterworth Private Bag X3017, Butterworth 4960

[email protected]

047 531 1411 (W) 047 531 1704 (FAX) 082 491 2686 (C)

12/31

7. Dunywa, S Samson 6402225070087 Grahamstown Private Bag X1004,Grahamstown 6140

[email protected]

046-6227303 0834060278

04/22

8. Kitching, I Naas 4810035001088 East London Private Bag X9010, East London 5200

[email protected]

043-7028035 0833088920

10/3

9. Mfobo, N

Noxolo 5910290462088 Mthatha Private Bag X5046, Umtata 5099

[email protected] 041 5311411 (W) 047 531 1411 (FAX)

10/29

10. Moss, E Eugene 5909265144086 Mdantsane Private Bag X006, Mdantsane 5219

[email protected]

043-7612573 0823374378

09/26

11. Ngcongolo, N. Nosisa 6706110070089 Butterworth Private Bag X3017, Butterworth 4960

[email protected] 047-4913271 06/11

12. Odendaal MD Marius 5801065051084 Mount Frere Private Bag X9004, Mount Frere 5090

[email protected] 083 301 4606(c) 01/06

13. Pretorius,PA Paul 4905125003083 East London Private Bag X9010, East London 5200

[email protected]

043-7028034 0827733060

05/12

14. Qwaqwa,V Vusumzi 5902265930085 Umtata Private Bag X5046, Umtata 5099

[email protected]

047-5326282 0829628241

02/06

15. Rossouw, D Deon 5608165019089 East London Private Bag X9010, East London 5200

[email protected]

043-7028038 0823221738

08/16

16. Van der Vyver, J Jannie 5505285146083 Mdantsane Private Bag X006, Mdantsane 5219

[email protected]

043-7600072 0835915569

05/28

17. Vellem, E Eric 6209295987086 Butterworth Private Bag X3017, Butterworth 4960

[email protected]

047-4910122 0824474673

09/29

18. Xintolo, N Nonkonzo 5208240200083 Umtata Private Bag X5046, Umtata 5099

[email protected]

047-5326282 0832977214

08/24

19. Aucamp, D Dirk Heilbron Private Bag X1 Heilbron 9650

[email protected]

0832298278 01/12

20. Bosch,AJ AJ Welkom Private Bag X5 Welkom 9460

[email protected]

(057) 9162500 0837832583

11/19

21. Gela, N Nosipho Bloemfontein Private Bag X20583 Bloemfontein 9300

[email protected]

0829435044 (051) 5061304

09/26

22. Groenewald, A Andre’ Welkom Private Bag X5 Welkom 9460

[email protected]

0825621505 (057) 9162500

11/ 19

23. Human, J Jurie Welkom Private Bag X5 Welkom 9460

[email protected]

0825621500 (057) 9162600

10/04

24. Khuduga, M Motshedisi Botshabelo Private Bag X519 Botshabelo 9781

[email protected] 082 627 0909 06/29

25. Koekemoer, J Joseph Bloemfontein Private Bag X20583 Bloemfontein 9301

[email protected]

(051) 5061210 09/17

26. Lefenya, B Botsile Welkom Private Bag X5 Welkom 9460

[email protected]

0832568057 (057) 9162500

09/24

27. Mahlatsi, B Bassie Bethlehem Private Bag X27 Bethlehem 9700

[email protected]

0724616236 058 3035386

10/10

28. Menong, MI Moraole Bloemfontein Private Bag X20583 Bloemfontein 9300

[email protected]

0824550967 (051)5061317

09/02

29. Smith, IR Isak Rudolf Kroonstad Private Bag X12 Kroonstad 9500

[email protected]

(056) 2124161x74 03/ 28

30. Soomaroo, DM Dawn Mohanlall

Bloemfontein Private Bag X20583 Bloemfontein 9301

[email protected]

(051) 5061303 0833906218

08/15

31. Visagie, GJ Gert Johannes

Kroonstad Private Bag X12 Kroonstad 9500

[email protected]

0823383427 (056)2124161x48

02/15

32. Voges M Marina Bloemfontein Private Bag X20583 Bloemfontein 9301

[email protected]

0824566610 (051) 5061212

09/21

33. Bekker, A C Adriaan Pretoria Private Bag X61 PRETORIA 0001

[email protected] 083 280 5234 012 319 4185

09/16

34. Bosch, K H Kallie Pretoria Private Bag X61 PRETORIA 0001

[email protected] 012 319 4200 12/15

35. Cowan, ARATNCG

Allan Pretoria Private Bag X61 PRETORIA 0001

[email protected] 084 668 2476 02/09

36. Erasmus, L Loekie Soshanguve Private Bag X03 ROSSLYN 0200

[email protected]

082 786 3418 03/10

37. Johnson, P J Peet Pretoria Private Bag X61 PRETORIA 0001

[email protected] 083 324 5322 10/23

38. Kemp, M M Magriet Pretoria Private Bag X61 PRETORIA 0001

[email protected] 082 376 0073 012 319 4191

02/14

39. Makhoba, D David Pretoria Private Bag X61 PRETORIA 0001

[email protected]

082 924 8879 08/07

40. Moloto, M E Mokone Pretoria Private Bag X61 PRETORIA 0001

[email protected] 012 319 4203 083 633 4906

09/23

41. Pillay, L Lynn Pretoria Private Bag X61 PRETORIA 0001

[email protected] 012 319 4171 083 798 7998

01/01

42. Setshogoe, M E Nicca Pretoria Private Bag X61 PRETORIA 0001

[email protected] 083 276 2855 04/17

43. Travers, G N Graham Pretoria Private Bag X61 PRETORIA 0001

[email protected] 012 319 4166 012 567 3100

12/06

44. Wessels, J H Jakkie Pretoria Private Bag X61 PRETORIA 0001

[email protected] 082 775 1366 11/21

45. Auret, A G Andre Soweto Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 980-8130 082 552 3439

07/08

46. Baloyi J.S John Krugersdorp Private Bag 2009 KRUGERSDORP 1740

[email protected] 011 766-1004 011 766-1007 082 7874764

06/13

47. Booyens, F Frans Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 491-5256 084 582 2445

03/30

48. Boshoff, RJ Renier Wynberg Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 786-5191 083 292 5600

08/21

49. Botha, W J Willie Soweto

Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 980-8130 082 488 4016

11/03

50. Button, R Robert Soweto Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 980-8130 083 734 1131

08/10

51. Carstens, T H Cassie Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 491-5260 082 872 6198

03/14

52. Cox, I D Ian Benoni Private Bag X013 BENONI 1500

[email protected] (011) 746-7638 082 339 7621

12/03

53. De Bruin, R A Rian Westonaria Private Bag X1 WESTONARIA 1780

[email protected] (011) 753-2252 083 280 7102

12/20

54. Dosio, D Dario Soweto Private Bag X1 JOHANNESBURG 2000

[email protected]

011) 980-8130 082 456 8642

01/24

55. Du Plessis, L

Lizette

Benoni

Private Bag X013 BENONI 1500

[email protected]

(011) 746-7643 082 332 8828

09/26

56. Du Plessis, P J

Paul

Johannesburg

Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 491-5267 082 498 4302

11/20

57. Hawkins, V O Vivian Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 491-5274 082 325 1017

02/28

58. Jansen v Vuuren, J

Jerry Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected]

(011) 224-7514 084 574 5036

09/05

59. Louw, H R Hein Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 224-7515 084 588 4884

01/04

60. Machobane, M Z Zach Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] 072 345 6405 10/04

61. Mahalelo, M B Betty Sebokeng Private Bag X010 VANDERBIJLPARK 1900

[email protected] (016) 988-1320 072 389 7892

04/06

62. Mashimbye, H S Sam Germiston Private Bag X1003 GERMISTON 1400

[email protected] (011) 873-0500 083 455 0709

04/04

63. Matthys, R E F Ruby Roodepoort Private Bag X1 ROODEPOORT 1725

[email protected] (011) 766-1004 083 210 6717

11/20

64. Mhango, M D David Soweto Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 980-8130 083 392 1791

02/16

65. Mhlari, C E Eric Kempton Park Private Bag X03 KEMPTON PARK 1620

[email protected] (011) 975-0313 084 580 1544

03/11

66. Naidoo, T G Rini Tembisa Private Bag X03 KEMPTON PARK 1620

[email protected] (011) 281-0302 084 250 3463

05/29

67. Page, K S Keith Krugersdorp Private Bag 2009 KRUGERSDORP 1740

[email protected] (011) 660-3711 082 771 9516

08/17

68. Ramlaal, A Ashika Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 491-5270 082 331 7267

07/17

69. Ratshibvumo, N J

Jonathan Roodepoort Private Bag X1 ROODEPOORT 1725

[email protected] (011) 766-1004 082 551 9239

06/29

70. Roux, A Bertie Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 491-5257 082 339 5715

07/16

71. Sethusha, N C Christina Soweto Private Bag X1 JOHANNESBURG 2000

[email protected] (011) 980-8130 082 376 4196

09/15

72. Shilubana, S A Abel Boksburg Private Bag X21 BOKSBURG 1460

[email protected] 072 679 9307 (011) 917-9620

02/17

73. Simpson, T E Thelma Sebokeng Private Bag X010 VANDERBIJLPARK 1900

[email protected] 082 928 8306 (016) 988-1320

05/05

74. Smith, D Delize Roodepoort Private Bag X1 ROODEPOORT 1725

[email protected] 082 559 6643 (011) 766-1004

03/12

75. Strydom, F W Willie Vanderbijlpark Private Bag X010 VANDERBIJLPARK 1900

[email protected] 083 316 3236 (016) 933-4351

08/02

76. Van Niekerk, E Etienne Randfontein Private Bag X13 RANDFONTEIN 1760

[email protected] 082 855 2394 (016) 933-4351

05/25

77. Van Wyk, M G Martin Johannesburg Private Bag X1 JOHANNESBURG 2000

[email protected].

082 921 3211 (011) 412-1195

05/19

78. Van Zyl, J G Johan Heidelberg Private Bag H609 HEIDELBERG 2400

[email protected] 082 920 1867 (016) 349-1930

04/22

79. Voogt, J du P Juan Nigel Private Bag X3004 NIGEL 1490

[email protected] 084 675 4750 (011) 814-8261

12/10

80. Abrahams G Greogory Durban P/BAG X54308 DURBAN 4000

[email protected] 0839785998 0313024213(w) 9313024206 (f)

07/24

81. Botha Gert Durban P/BAGX54308 DURBAN 4000

[email protected] 0823218945 06/17

82. Chetty K Kogie Umlazi PBAG X02 MOBENI 4060


83. Colditz TCL Ian Newcastle PBAG X 6654 NEWCASTLE 2940


84. De Beer FP Fred Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200


85. De Bruyn Johan Vryheid PBag X9368 VRYHEID 3100


86. Dlamini AN Nonesi Port Shepstone PBAG X845 PORT SHEPSTONE 4240


87. Gumede BS Stanley Pinetown PBAG X9004 PINETOWN 3600


88. Hadebe KQ Khosi Pinetown PBAG X9004 PINETOWN 3600


89. Heuer F W Fred Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200


90. Kheswa BE Busisiwe Empangeni Privatebag X20023 Eshowe 3880

[email protected]

0828593176 ( c ) 0357721711 0357922527 (fax)

03/15

91. Khumalo RG Robert Stanger PBAG X602 STANGER 4450

[email protected]

0325511201 11/11

92. Leat KM Kevin Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200


93. Levitt Trevor Durban P/BAG X54308 DURBAN 4000


94. Luvuno Fikile Durban P/BAG X54308 DURBAN 4000


95. Maphumulo Sitembiso Durban P/BAG X54308 DURBAN 4000


96. Marks Sharon Durban P/BAG X54308 DURBAN 4000


97. Mazibuko Crystal Maphumulo PBAG X 9201 MAPHUMULO 4470


98. Mngomezulu SA Sibusiso Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200

[email protected]

0827009104 06/11

99. Mogwera R Rose Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200


100. Mohamed Fariedha Durban P/BAG X54308 DURBAN 4000


101. Msani SB Sibusiso Pongola PBAG X0001 PONGOLA 3170

[email protected]

0833629870 05/24

102. MundhreeNH Steve Ingwavuma PBAG X2201 INGWAVUMA 3968


103. Naidoo Logan DURBAN P/BAGX54308 DURBAN 4000


104. Nhleko Thomas Durban P/BAG X54308 DURBAN 4000


105. Nzimande, E.S Eric Verulam Private Bag X7 VERULAM 4340

[email protected] 032 439 1771 083 443 4049 082 960 8188

12/04

106. Otto , N Nanette Durban P/BAG X54308 DURBAN 4000


107. Rawheath P Betty Verulam Private Bag X7 VERULAM 4340

[email protected] 082 375 4735 032 533 9946(fax)

12/05

108. Sihlahla Christian Ixopo PBAG X 541 IXOPO 4630


109. Singh N Narainie Durban P/BAG X54308 DURBAN 4000


110. Sithole MH Henry Pietermaritzburg PBAG X9011 PIETERMARITZBURG 3200


111. Turner D Delia Durban P/BAG X54308 DURBAN 4000


112. Van Heerden JK Johan Empangeni PBAG X20023 EMPANGENI 3880


113. Visagie HB Barney Ladysmith PBAG X9930 LADYSMITH 3370

[email protected]

0837871059 05/15

114. Wilkins LA Leslie Umlazi P O Box 445 Umbogintwini 4120

[email protected] 0836504899 0319064785(fax)

09/19

115. Xolo M Madlala Eshowe PBAG X507 ESHOWE 3815


116. Claassen LH Louis Tzaneen Private Bag X4010 Tzaneen 0850

[email protected]

0823260164 08/22

117. Cloete,P Pat Thabamopo P.O. Box 2770 Polokwane 0700

[email protected]

082 788 7347 015 633 7160(w)

04/30

118. Honwana, C Carol Tzaneen Private Bag X4010 Tzaneen 0850

[email protected]

084 7007 722 07/08

119. Manasoe SE Eric Sekukune

Po Box 522 Seshego 0742

[email protected] 076 545 3482 013 2601001 013 2601069(fax)

09/22

120. Mathebula, DV Victor Tzaneen Private Bag X4010 Tzaneen 0850

[email protected]

082 853 2287 08/18

121. Mudau, P Pandelani Thohoyandou Private Bag X5005 Thohoyandou 0950

* 082 323 2177 03/05

122. Nkuna, PD Paul Polokwane Private Bag X9320 Polokwane 0700

[email protected] 0826733663( C ) 0152955302 (w) 0152957713 (FAX)

12/02

123. Phiri TJ Joyce Polokwane (Mankweng)

Private Bag X9320 Polokwane 0700

* 072 3368 620 015 294 2662 015 295 7213

09/08

124. Rambau, R Ronny Polokwane Private Bag X9320 Polokwane 0700

* 072 683 7481 09/08

125. Semenya, MV Violet Mokgerong Private Bag X4293 Mokopane 0600

[email protected]

082 968 2578

10/17

126. Ball, V Victor Evander Private Bag X1106 Evander 2280

[email protected]

017 – 634 2738 (h) 017 – 632 2204 (w) 017 – 632 2835(fax)

25/07

127. Behari K.P Kemi Evander Private Bag X1106 Evander 2280

[email protected] 082 324 3889 (c)

15/07

128. Geldenhuys, A André Nelspruit Private Bag X11207 Nelspruit 1200

[email protected]

013 – 741 2871 (h) 013 – 753 6264 (w) 013 – 755 1629(fax)

06/02

129. Hallatt, S Sam Ermelo Private Bag X9003 Ermelo 2350

[email protected] 082 490 5804 (h) 017 –819 3462/3(w) 017 – 819 2735(fax)

10/10

130. Jonker, E Eben Ermelo Private Bag X9003 Ermelo 2350

[email protected] 017 – 811 5612 (h) 017 – 819 3462 (w) 017 –819 2735 (fax)

13/06

131. Le Roux, J Bertus Nelspruit Private Bag X11207 Nelspruit 1200

[email protected] 013 – 741 2687 (h) 013 – 753 6260 (w) 013 –755 1629 (fax)

20/08

132. Mastoroudes, A Andreas Witbank Private Bag X7210 Witbank 1035

[email protected]

013 – 244 1957 (h) 013 656 2221-5 (w) 013 656 5023 (fax)

13/12

133. Mene, B Bon Middelburg Private Bag X1804 Middelburg (MP) 1050

[email protected]

013 – 283 7500 (w) 013 –282 5377 (fax) 0828956386 (h)

12/12

134. Wilken, W Willie Nelspruit

Private Bag X11207 Nelspruit 1200

[email protected]

013 – 744 1998 (h) 013 – 753 6270 (w) 013 – 755 1629(fax)

11/10

135. Benade, S Sarena Odi P.O. Box 3811 BRITS 0250

[email protected]

012 703 2224 05/11

136. Djaje, M Modibedi Molopo Private Bag X 2009 Mmabatho 2735

[email protected]

018 387 6900 09/11

137. Du Toit , S Stefaan Molopo Private Bag X 2009 Mmabatho 2735

[email protected]

018 387 6900 09/16

138. Fourie, J Jonathan Vryburg Private Bag X6 Vryburg 8600

[email protected]

082 771 1353 01/18

139. Juries, A Abigail Molopo Private Bag X 2009 Mmabatho 2735

[email protected]

018 387 6900 03/21

140. Mabille, L Louisa Potchefstroom Private Bag X 923 Potchefstroom 2520

[email protected]

018 297 0701 05/28

141. Mabuza, B Bulelwa Moretele Private Bag 1030 Themba

[email protected] 012 717 2179 03/18

142. Masiane-Djaje, T Tebogo Molopo Private Bag X 2009 Mmabatho 2735

[email protected]

018 387 6900 02/04

143. Matthee, L Louis Brits Private Bag X 5002 Brits 0250

[email protected]

012 252 3223 x220 07/26

144. Mogotsi, D Dan Odi Private Bag X 1002 Garankuwa 0208

[email protected]

012 703 2224 12/17

145. Monaledi, S Seka Mmabatho Private Bag X 2009 Mmabatho 2735

[email protected]

018 387 6900 06/05

146. Motsomane, H Herman Mankwe Private Bag 1002 Mogwase 0314

[email protected]

014 5555 800 06/03

147. Nel , DJ Daan Potchefstroom Private Bag X923 Potchefstroom 2520

[email protected]

018 297 0701 03/16

148. Nzimande, S Stanley Klerksdorp Private Bag A 8 Klerksdorp 2570

[email protected]

018 464 9200 06/13

149. Sephoti, A Aggrey Odi Private Bag X 1002 Garankuwa 0208

[email protected]

012 703 2224 02/09

150. Sevlall, H Harry Taung Private Bag X 526 Taung

[email protected]

053 994 1828 03/07

151. Mbalo, Z Zola 6302281147086 Springbok Private bag X3 Springbok 8240

[email protected] 027 712 2188 (w) 027 712 1860 (fax) 082 466 2546 (cell)

02/28

152. Tsotsa, S Selina 7001160451085 Upington Private Bag X5983 Upington 8801

[email protected]

054 332 1495 (fax) 054 337 5353 (w) 073 709 5496 (cell)

01/16

153. Venter, A Amanda 6102140092080 De Aar Private Bag S 1005 De Aar 7000

[email protected]

053 631 2822 (h) 053 631 2184 (w) 053 631 1588 (fax) 082 895 0169 (cell)

02/04

154. Viewe, M Malcolm 6501145037082 Upington Private bag X 5983 Upington 8801

[email protected] 054-3375353(w) 054 331495(fax) 0828974882(cell)

01/14

155. Buhr, HW Hermann George Private Bag X6537 George 6530

[email protected] 044 8025800 (W) 082 8550477 044 8025861 (FAX)

07/09

156. Cannon, M Marilyn Somerset West Private Bag X4 Somerset West 7129


08/08

157. De Wee, G Gaynore Khayelitsha Private Bag X1 Khayelitsha 7796

[email protected] 021 3601401 (W) 082 4592119 021 360 1412 (FAX)

08/30

158. Fourie, M Marius George Private Bag X6537 George 6530


10/16

159. Gibson, V Victor Cape Town Private Bag X9017 Cape Town 8000

[email protected] 021 4011529 (W) 083 2260966 021 462 0326 (FAX)

08/02

160. Henney, R Robert Wynberg Private Bag X3 Wynberg 7824


01/13

161. Immelman, A Annemarie Paarl Private Bag X5003 Paarl 7622


03/20

162. Janse Van Rensburg, P

Piet Worcester Private Bag X3045 Worcester 6849


06/23

163. Laubscher. A Arnold Cape Town Private Bag X9017 Cape Town 8000


08/16

164. Lombard, J Johannes Bellville Private Bag X10 Bellville 7535


07/14

165. Mangweni, W Willie Blue Downs Private Bag X1 Kuilsrivier 7575


04/22

166. Marais, M Marius Parow Private Bag X4 Goodwood 7459


02/01

167. Mbiyo, E Eric Cape Town Private Bag X9017 Cape Town 8000


05/12

168. Naidoo, J Judy Cape Town Private Bag X9017 Cape Town 8000


05/23

169. Nortje, N Neels Oudtshoorn Private Bag X608 Oudtshoorn 6620


06/23

170. Redelinghuys, J Jackie Wynberg Private Bag X3 Wynberg 7824


06/05

171. Saba, N Nonkosi Bellville Private Bag X10 Bellville 7535


08/23

172. Van Zyl, J Jan Cape Town Private Bag X9017 Cape Town 8000


05/12

REGIONAL MAGISTRATES NON ARMSA MEMBERS 1. Govuza Joe Wynberg Private Bag X3

Wynberg 7824

[email protected] 021 7991880 (W) 073 2177929 021 7970638 (Fax)

2. Kgopa

Lebo Kimberley Private Bag X5014 Kimberley, 8300

[email protected]

053 832 2794 (fax) 053 8399100 (W) 082 445 3727 (cell)

3. Koeries J Jerome Parow

4. Langa Bruce Wynberg Private Bag X3 Wynberg 7824

[email protected] 021 7991881 (W) 082 4473790 021 7970638 (Fax)

5. Ludidi Bongani Bloemfontein

6. Mafafo Eugenie Pretoria

7. Makabanyane BN

8. Mametse M E Elkan Tlabane

9. Matshikwe Robert Khayelitsha

Private Bag X1 Khayelitsha 7796

10. Meyer Karel Wynberg Private Bag X3 Wynberg 7824

[email protected] 021 7991923 021 7970638 (Fax)

11. Mr D. Boks

Daniel

12. Mr N Mtebele 13. Mr. Reddy S Andrew Soweto

14. Mr..Hole SP

15. Ms V Reddy

16. Ms. E. Le Grange

Erenskia

17. Ms. Gcaba YPN Yvonne

18. Ms..Habib H Hasina

19. Ms.M Van der Merwe

Maggie

20. Mudau, T P TP Randburg Private Bag X3005 RANDBURG 2125

21. Ndwandwe TJ

Temba Pretoria

22. Nemavhidi, M B Brian Soweto Private Bag X1 JOHANNESBURG 2000

23. Nqadala

Khandilizwe Leta

Kimberley Private Bag X5014 Kimberley, 8300

[email protected]

053 832 2794 (fax) 053 832 2801 (W) 082 415 9680 (cell)

24. RAULINGA Joe Polokwane Private Bag X9320 Polokwane 0700

[email protected]

0832543124

25. Reddy M Durban

PRESENTERS STAYING AT CONFERENCE. 26. Van der Merwe Annette Single room

Friday Evening 27. Redpath Jean

Single Room

28. Terblanche Stephan

Single Room

EX TEMPORE

ANNEXURE “C”

Draft Programme

TRAINING CONFERENCE ON SENTENCING CHALLENGES IN THE REGIONAL COURT

15 – 17 NOVEMBER 2007

THURSDAY – 15 NOVEMBER 2007

TIME SPEAKER 14h00 – 18h00

Arrival, booking-in and registration

18h30 – 19h00

Arrival at gala dinner

19h00 – 19h10

GALA DINNER - Welcome

19h10 – 19h40

STARTER

19h40 – 20h00

“The role and future of the Regional Court” The Honourable Minister of Justice & Constitutional Development, Ms B.S. Mabandla STILL TO BE CONFIRMED

20h00 – 20h45

MAIN COURSE

20h45 – 21h10

The Judicial Officers’ approach to sentencing The Honourable Judge President of Transvaal Provincial Division of the High Court, Mr Justice B.M. Ngoepe STILL TO BE CONFIRMED

21h10 – 21h30

Announcing the new community outreach programme of ARMSA

Mrs Lynn Pillay, Chairperson of Project Committee

21h30 DESSERT COFFEE & TEA

2

FRIDAY – 16 NOVEMBER 2007 TIME SPEAKER Chairperson: 08h30 – 10h30

The Criminal Law Sentencing Amendment Act: The impact and consequences for the Regional Court

• Mr Johan de Lange, Senior Law Advisor, Department of Justice and Constitutional Development.

• Mrs Jakkie Wessels, Chairperson of Judicial Education Committee: ARMSA

CONFIRMED

10h30 – 11h00

TEA

Chairperson:

11h00 – 12h00

S v Malgas 2001(1) SACR 464 (SCA) and its implications for judicial officers when considering life imprisonment

The Honourable Justice, Mr Robin Marais, Judge of the Supreme Court of Appeal. CONFIRMED

12h00 – 13h00

Child Offenders and Minimum Sentencing, the sentencing of primary caregivers and the impact of M v The State CCT 53/06.

• Dr Ann Skelton. Advocate

Centre for Child Law, University of Pretoria. CONFIRMED

13h00 – 14h00

LUNCH

Chairperson:

14h00 – 15h00

The impact of minimum sentences on the criminal justice system

Jean Redpath CONFIRMED

15h00 – 16h30

Evidentiary issues pertaining to sentencing. Professor Dawie de Villiers, Department of Criminal Law and Procedure, Faculty of Law, University of Johannesburg CONFIRMED

16h30 – 17h00

TEA

3

SATURDAY: 17 NOVEMBER 2007 TIME SPEAKER Chairperson:

08h30 – 09h30

Proportionality of sentences, Section 276B: The non-parole period

Prof. Stephan Terblanche: Professor, University of South Africa CONFIRMED

09h30 – 10h00

Psychological Programmes in correctional facilities, declaration of Dangerous Offenders, Section 286A Act 51 of 1977

Dr L. Bergh: Director Psychological Services , Department of Correctional Services CONFIRMED

10h00 – 11h00

The importance of victim impact statements for sentencing purposes: An international perspective.

Prof. Susan Kreston CONFIRMED

TEA Chairperson:

11h30 – 12h40

Guidelines in the sentencing of child rape :An analysis of case law and minimum sentence legislation

Prof. Annette van der Merwe, University of Pretoria. CONFIRMED

12h40 – 13h00

Evaluation and closure

13h00 – 14h00

LUNCH Departure

EX TEMPORE

ANNEXURE “D”

Birchwood Hotel and Conference Centre http://www.birchwoodhotel.co.za/popups/map.html

1 of 1 10/29/2007 4:36 PM

DIRECTIONS TO THE BIRCHWOOD EXECUTIVE HOTEL & CONFERENCE CENTRE From O R Tambo International Airport From O R Tambo International Airport, take the R21 Highway towards Boksburg. You will pass the Griffiths Road off-ramp – take the next off-ramp – (N12) Witbank – directly after taking this off-ramp, take Rondebult Road off-ramp. You will then approach a set of traffic lights, turn left. Cross back over the highway and at the second set of traffic lights, turn left into North Rand Road. 150 meters after your second set of traffic lights turn left into the entrance of the Birchwood Executive Hotel.

From Pretoria

Option 1: From Pretoria, pass Midrand on the N1 Highway. At the interchange, take the N3 Germiston/Durban Highway. Pass Marlboro, London Rd, Modderfontein and Linksfield turnoffs. At Gilooly’s interchange, take the N12 towards Witbank. Continue on N12 – pass Edenvale, Kraft Rd and East Rand Mall turnoffs. The next turn off will be Boksburg (R21). Take this turn off – you will approach a set of traffic lights, at these traffic lights, turn left into North Rand Road. Pass 6 sets of traffic lights and turn left at the 7th traffic light into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

Option 2: From Pretoria, take the R21 Boksburg towards O R Tambo International Airport. From O R Tambo International Airport, stay on the R21 Highway towards Boksburg. You will pass the Griffiths Road off-ramp – take the next off-ramp - N12 Witbank – directly after taking this off-ramp, take Rondebult Road off-ramp. Turn left at the traffic lights to cross back over the highway. Turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

From Witbank Take the N12 Highway towards Benoni/Johannesburg. Take the Rondebult off-ramp. You will then approach a set of traffic lights, turn right and at the next set of traffic lights, turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

From Central Johannesburg From Central Johannesburg you take the M2 East all the way to the Geldenhuys Interchange. From there you take the N3 North and after 5 km (you are now at the Gilooly’s Interchange), follow the signs: N12 Witbank/O R Tambo International Airport. Continue with the N12 Highway towards Witbank – do not follow O R Tambo International Airport – pass Edenvale, Kraft Road and East Rand Mall turn-offs. The next turn-off/slipway (No429) will be O R Tambo International Airport/Boksburg (R21). Take this turn-off, do not take O R Tambo International Airport/Boksburg (R21). Follow the signs to Rondebult Road. At the top of the off-ramp, turn left into Rondebult Road, pass one set of traffic lights. Turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

Ex Tempore

ANNEXURE “e”

ANNUAL REPORT ON ACTIVITIES

OF

THE ASSOCIATION OF REGIONAL MAGISTRATES OF SOUTHERN

AFRICA [ARMSA]

2007

© ARMSA DIGITAL PRESS 2007

THE PRESIDENT ARMSA - PRIVATEBAG X61 PRETORIA 0001

PRESIDENT 083 280 5234 SECRETARY 082 326 0164 TREASURER 012 319 4166 FAX 0866 500 228 E-MAIL [email protected] Web: www.armsa.org.za

ASSOCIATION OF REGIONAL MAGISTRATES OF

SOUTHERN AFRICA.

VERENINGING VAN STREEKLANDDROSTE VAN SUIDELIKE AFRIKA

EXECUTIVE MANAGEMENT COMMITTEE AC BEKKER (PRESIDENT) LH CLAASSEN (SECRETARY) GN TRAVERS (TREASURER)

1 NOVEMBER 2007 TO ALL ARMSA MEMBERS In an effort to defray cost and to streamline the procedures at the National Annual General Meeting [AGM] of The Association of Regional Magistrates of Southern Africa [ARMSA] all documents relevant to the upcoming AGM is supplied to you in advance. Please note that this document or any annexure will not be distributed again. You are kindly requested to study it in advance, or print your own copy should you feel the need for a hard copy.

DESCRIPTION PAGE A OVERVIEW OF THE YEAR 2007 Report President ARMSA – Adriaan Bekker 4 Report Representative Magistrates Commission – Robert Henney 11 Reports Chairpersons Standing Committees Education Committee – Jakkie Wessels 13 Project Committee – Lynn Pillay 15 Salaries & Conditions of Service Committee – Hein Louw 19 Reports Regional Chair Persons: Free State – Moraole Menong 22 Limpopo - Louis Claassen 27 Kwazulu – Natal – Fariedha Mohamed 31 Eastern Cape – Eugene Moss 35 Northern Cape – Vernon Smit 40 Western Cape – Judy Naidoo 43

13th ANNUAL GENERAL MEETING BIRCHWOOD EXECUTIVE HOTEL

NOVEMBER 2007

INFORMATION DOCUMENT

THE PRESIDENT ARMSA - PRIVATEBAG X61 PRETORIA 0001

PRESIDENT 083 280 5234 SECRETARY 082 326 0164 TREASURER 012 319 4166 FAX 0866 500 228 E-MAIL [email protected] Web: www.armsa.org.za

____________________ PRESIDENT: ARMSA ADRIAAN BEKKER

_____________________________ NATIONAL SECRETARY: ARMSA LOUIS CLAASSEN

Mpumalanga – Willie Wilken 47 Gauteng – Paul Du Plessis 53 North West – Modibedi Djadje 58 OTHER DOCUMENTS Agenda & Minutes of the previous AGM held at Indaba Hotel Sandton 62 Agenda 13th Annual General Meeting ARMSA 69 Road Map & Directions to the Venue 71

REPORT BACK ON ACTIVITIES OF THE ASSOCIATION OF REGIONAL MAGISTRATES OF SOUTHERN

AFRICA [ARMSA] BY THE PRESIDENT: ARMSA

1

During 2007, 10 monthly newsletters were distributed to you prior to the Annual

General Meeting. In those newsletters our activities throughout the year were

fully reflected and it is thus senseless to repeat the contents of the newsletters.

Please allow me therefore to cover only a few topics of general importance.

A. MEMBERSHIP

Our membership increased from 268 at the last Annual General Meeting to 280. We still represent ±

92% of all Regional Magistrates in the country.

I wish to formally welcome all the new members attending their first Annual General Meeting. Please

feel welcome to get involved in the activities of our association. To all the members who shall retire

before the next Annual General Meeting, I hope that you will enjoy a well- earned rest!

This year we also continued to publish a list of birthdays in the monthly newsletter. We have also from

time to time conveyed the news of the death of close relatives of our members, if this was known to

us. Through this information we hope to establish unity and to show to you that we do care about

each other. We must support each other.

Our data base on our members is ± 99% up to date and accurate. I want to urge you again to get

involved in the activities of the various Standing Committees if at all possible.

B. COMMUNICATION AND PUBLICATIONS

We hope that you find communication by means of the newsletter and other documents sufficient and

informative. We try our best to keep you updated. ± 270 members (±250 last year) have e-mail

facilities and the electronic version of the newsletter ensures the swift distribution of news. We still

forward hard copies of the newsletter to about 10 members without e-mail facilities. I wish to thank

Mr. Louis Claassen, our Webmaster and Secretary, for his efficient and excellent running of our e-mail

system. Your job is a thankless one but you do it with unbelievable enthusiasm and commitment.

Please inform us should you acquire an e-mail address, or should you change your e-mail or postal

address, or should you experience problems receiving the newsletter and other mail. Remember we

will only become aware of this if you inform us accordingly! The naming of the newsletter (Ex

Tempore) in 2005 was an attempt to enhance the status of the newsletter and to give it an identifiable



2

name as our own newsletter. Our newsletter is also circulated to various other interested readers,

inter alia judges. I firmly believe that our newsletter has grown in stature and is widely read and

appreciated.

C. STATUS OF THE REGIONAL COURT

The year 2007 brought two major developments in relation to the status of the Regional Court. First of

all legislation was passed extending life imprisonment jurisdiction to the Regional Court in certain

cases. (Criminal Law Sentencing Amendment Act of 2007)

Secondly, the Jurisdiction of Regional Courts Amendment Bill, 2007, was approved in principle by

Cabinet in September 2007. This Bill envisages extended civil jurisdiction to Regional Courts to deal

inter alia with divorce matters. At this stage there is, in principle support for the Bill from the Heads of

Courts and the Chief Justice. Obviously some practical problems will have to be ironed out prior to

implementation and sufficient training and refreshing will have to be done to empower Regional

Magistrates to deal with these issues.

These developments are however a clear sign that the policy- makers trust and respect the

abilities of the Regional Court Bench. I also regard it as an important step to secure our own

separate status as a level of court. I believe that the time is right to advance and actively

promote one of our main objectives as an association as entailed in Clause II of our

Constitution and I quote:

“The objectives of the Association are to: 1. Position the Regional Court, as an autonomous Court having criminal and

civil jurisdiction, with Regional Magistrates as an autonomous professional group between the Supreme Court and the Magistrate's Court in the hierarchy of Courts.”

I believe that the securing of the proper status of the Regional Court must be one of the main focus

points of ARMSA for 2008. We shall keep you informed about our efforts in this regard during the

course of 2008.

D. SALARIES

The salary issue this year again caused unhappiness and we experienced unacceptable delays. Our

submissions as a result of the initial recommendations of the IRC were rejected by the IRC, except the



3

one pertaining to divorce court presiding officers (the majority of them are members of ARMSA).

Thanks to our insistence, they were included in the process, after being ignored initially. The gap

between us and the Judges was still not narrowed down satisfactorily. We shall continue to raise this

issue! At the time of the drafting of this report, we were awaiting the determination of President Mbeki of

our salaries as a result of the recommendations made by the IRC. Mr. Hein Louw; Chairperson of the

Salaries and Conditions of Service Committee will address you in due course about the way forward for

us pertaining to the whole salary issue.

E. LEAVE

Substantial submissions were made in 2005 about our leave dispensation and handed to the

Magistrates Commission. This was as a result of draft leave regulations circulated by the Magistrates

Commission. The Commission indicated that they would, as a result of the inputs received, re-draft the

regulations and host a workshop on them to discuss them. However, in 2006 and 2007 despite regular

enquiries made by us, no further drafts of the regulations were received and no workshop

materialized. It seems as if the IRC is now going to entertain the leave issue. We shall keep you

informed.

The issue of maternity leave also came to the fore in 2006. We obtained a legal opinion recently about

the decision of the Magistrates Commission pertaining to this issue. We believe that some female

magistrates are severely prejudiced as the result of the stance of the Commission on this issue. We

shall request a mandate from you later on to proceed with legal action if necessary in this regard.

F. PENSION

We have been raising the issue with the Independent Commission for the Remuneration of Public

Office Bearers, about our pension dispensation and the fact that we want to move away from GEPF.

We made our view known to them that “a salary for life” pension like that of the judges is our point of

departure. We foresee that pension benefits and medical aid benefits will become important topics in

2008.

The legal action regarding the calculation of our pension benefits was delayed due to a lack of funds

and also the fact that our founding affidavit was lacking in certain respects. We also had to assist



4

members urgently who were charged with misconduct by the Magistrates Commission contrary (we

believe) to the principle of judicial immunity and independence. More funds will hopefully be available

in 2008 to speed up this legal action. This is an action we cannot back down from.

G. SECURITY During a recent meeting with the Chief Justice on 29 September 2007 the issue of security and the

lack of any proper procedures to assist us should we be in need of immediate protection as the result

of a death threat was discussed. The Chief Justice shared our concern about the lack of immediate

action in cases where it is needed and promised to discuss it at the Heads of Court meeting the

following day. We shall try to convince the various role-players on national level to establish a proper

uniform procedure to ensure immediate protection where needed.

It seems as if the Department is not accepting responsibility for the security at our private residences.

They are alleging that the Minister sees this as the task of possibly the Department of Safety and

Security and not theirs, since we are now public office bearers. According to them they are only

responsible for security at courthouses.

We have been fighting the battle for improved security measures for several years. Despite all of the

disturbing incidents and even deaths over the last few years, there is still a total lack of political will to

prioritize this issue and to treat it with the utmost attention!

I want to urge Regional Committees to take up this battle at local level with the various role players in

your province. In this regard it may be advisable to also gain the support of your Regional Court

President and other magistrates. I believe that at this stage better results can perhaps be obtained if

pressure is put on local and provincial structures. Perhaps Regional Committees should make security

one of their focus points for 2008. Despite the lack of real progress on this issue we must continue to

raise it and fight for a safe working environment.

H. THE ACTIVITIES OF THE STANDING COMMITTEES

The various standing committees shall report back on 2007 in due course. Please allow me to thank

the chairpersons and the members of these committees for their hard work and effort. We must also

bear in mind that they are (unfortunately) not in the permanent employ of ARMSA but must perform

many of their tasks after hours. I think that, in general, they have done great work. I urge you again



5

to get involved in the committees and by so doing enhance the service they are providing to the

members.

I. PRESS STATEMENTS As a result of the recent Judge Hlophe-JSC debacle some members requested me to release a press

statement stating ARMSA’s position pertaining to the whole saga. The National Executive Management

Committee is of course authorized by our Constitution to issue press statements when appropriate.

However, I believe that such statements can only be issued if the Executive has obtained a proper

mandate from its members or is convinced that the overwhelmingly majority of the members will

agree with the content of such a statement in any event. In this instance it was clear that our

members had strongly differing views on the issue (as was evident from those who have approached

me) and that a proper majority mandate could not be obtained. We therefore decided not to issue any

statement. We believe that it is not in the interests of ARMSA to make a statement and take a certain

stance, knowing very well that many members feel otherwise. There is no need to divide our own

members about an issue which, albeit an important one, has no direct bearing on our work as judicial

officers.

We have never in the past shied away from speaking publicly about issues we feel needed to be

discussed, but our members’ views must be respected and reflected in public releases. After all the

Executive is there to serve the members and to act as a mouthpiece for them and not to spread their

own take on events as if it reflects that of the members.

J. RELATIONSHIP WITH OTHER ASSOCIATIONS AND ENTITIES

During 2007 we made joint submissions with JOASA regarding the recommendations of the IRC. The

drafting of the submissions and also the oral presentation of it in July 2007 could be regarded as a

good team effort between ARMSA and JOASA.

However some problems did crop up: a decision was taken after the presentation of the submissions

that on the Monday a joint report would be send by ARMSA and JOASA to all their members. To our

surprise JOASA simply went ahead on the Monday to circulate their own report to their members

regardless of the earlier agreement.

I still regard their action as disrespectful and most unfortunate. I am not prepared to be embarrassed

again and am not prepared to issue any joint statements or reports with them in future. We shall



6

report to our own members in separate reports. This will also ensure that no future conflict can be

experienced.

I still think, however, that it is important to maintain and build a good relationship with them, and to

join forces on issues beneficial to both. JOASA”s continued support of a flat structure remains a

source of conflict as we strongly oppose them at each and every forum at which they raise it.

We successfully linked with various organizations and universities during the course of the year, due to

the activities of particularly the Education Committee and the Project Committee. Experience has

shown that one link usually leads to another.

We are committed to making positive, strong contributions wherever we think it is necessary to do so

and if it is in the interest of our members to do so.

K. TRAINING CONFERENCE 15 NOVEMBER-17 NOVEMBER 2007

The Criminal Justice Strengthening Programme makes this weekend’s conference possible due to a

generous donation. We again wish to thank them for it. We always try, if at all possible, to focus on

new and hopefully stimulating aspects of the law at our annual training conferences.

I earnestly believe that we as judicial officers should always be open to opportunities such as this

training conference to broaden our horizons and enrich ourselves. I hope that you will enjoy the

conference and also urge you to attend all the sessions.

As stated in previous annual reports, it is a continuous struggle to obtain proper funding for big annual

conferences like ours. Our growing membership also ensures that the expenses for these conferences

increase yearly.

I can assure you that we shall try our utmost to ensure that funding is obtained for next year’s

conference. Proposals in this regard shall be sent to some possible donors before the end of 2007.

Changing times demand that we must be more pro-active and “market” ARMSA properly.

L. VOTE OF THANKS



7

Please allow me, in conclusion, to thank all the members of the National Executive Management

Committee and the National Executive Committee for their hard work. Also a word of thanks to all the

Regional Committees for their hard work and support.

To all the members: Thank you for your support and faith in us. We appreciate it! It remains an

honour to serve you!

_________________ PRESIDENT: ARMSA A.C. BEKKER

ARMSA AGM REPORT BACK ON ACTIVITIES 2007 MAGISTRATE COMMISSION REPRESENTATIVE

NOVEMBER 2006 – OCTOBER 2007

INTRODUCTION: I have assumed my duties as ARMSA representative at the Magistrates Commission as from February 2007. I am very honoured and privileged to serve our members in this capacity. We have dealt with various important issues relating to the Magistracy in this time, to which I will refer to hereunder:

APPOINTMENTS: We are still waiting for the Minister to approve the creation of the 12 posts of Regional Magistrates. All the vacant posts that had been advertised last year had been filled in the meantime. The Commission also resolved to advertise all the current vacant posts of Regional Magistrate. The Appointments Committee on their last meeting held on 3 October 2007 were concerned about the quality of candidates and it resolved that proof of judgments or other legal writing should accompany the applications for appointment and should be considered during short listing. This needs to be accepted by the full Commission for their approval. It was also resolved that knowledge and practical application would be considered as an advantage for prospective applicants. It was further resolved that people should already when the post is advertised be made aware if they apply for a post at the specific station it should be their intention to be permanently stationed there.

TRAINING: This issue remains unresolved. The Commission is still concerned about the quality and the content of the training of magistrates. It seems however that due to the fact that the Judicial Training Institute that will come into existence (date and implementation as yet unknown), there seems to be little interest in Justice College. Of great concern however is the position of the Magistrates who are deployed at Justice College. The Commission will have to discuss their position in future, because it is not clear what will happen to them once the Judicial Training Institute comes into operation. SERVICE CONDITIONS: Most of the functions of this Sub-Committee had been taken over by the Independent Remuneration Commission for Public Office Bearers. According to Mr. Danie Schoeman it seems that anything that has a financial implication which affects the Magistracy will be dealt with by the Independent Remuneration Committee [IRC].

ARMSA AGM REPORT BACK ON ACTIVITIES 2007 MAGISTRATE COMMISSION REPRESENTATIVE


It seems that our leave dispensation which had been a topic of discussion and consideration for the Commission for many years will also fall within the ambit of the IRC. It is therefore hoped that the long awaited changes in our leave dispensation will be taken over by the IRC. It is noted that they will expedite this issue. ETHICS: At our last full Commission meeting most of the issues that were discussed related to disciplinary issues against Magistrates. I am happy to report the none of our members or any Regional Magistrate were involved. The list of members who made themselves available to serve as presiding officers in disciplinary hearings was received by the Commission. Hans Meijer of the Commission who deals with this conveyed to me that they would want to make use of Regional Magistrates to assist in this regard. Mr. Hans Meijer also expressed his appreciation to those Regional Magistrates who offered to assist in this regard. Currently the Commission is busy with a policy document regarding ethical and disciplinary issues. As soon as this document becomes available, I will send it to our National Secretary for distribution. The Commission will also initiate a training program to equip people who are interested in assisting with disciplinary enquiries. CONCLUSION: It seems that a lot of new issues will be discussed at the Commission in the coming New Year, which will affect the Regional Magistrates. I do on a regular basis discuss issues with our President which affects our organization, and Regional Magistrates. I also want to thank him for his assistance and guidance he has given me in this regard. R C A HENNEY ARMSA: REPRESENTATIVE MAGISTRATE COMMISSION

ARMSA AGM REPORT BACK ON ACTIVITIES 2007

JUDICIAL EDUCATION COMMITTEE NOVEMBER 2006 – OCTOBER 2007

ACTIVITIES DURING 2007: During 2007 a total number of twenty three [23] regional workshops were conducted by the Judicial Education Committee the following workshops were arranged on national / regional level: COMMERCIAL CRIME WORKSHOPS (7), in conjunction with Justice College ARMSA co-hosted these workshops. I would like to thank Hein Louw and Kemi Behari who co-facilitated with these workshops, and Logan Naidoo who assisted with the Kwazulu Natal

Workshop. • SEXUAL OFFENCES WORKSHOPS (7) dealing with the Criminal Law (Sexual

Offences & Related Matters) Amendment Bill, funded by Department of Justice & Constitutional Development - Directorate: Vulnerable Groups. I would like to thank Prof Susan Kreston who did guest lectures at 4 of these workshops, and Eddy Humphreys, Modibedi Djaje and Tebogo Djaje who co-facilitated at the North-West workshop.

• A big thank you to all ARMSA members who had attended and participated in the

workshops, and assisted with arrangements. • A special word of thanks must go to Louis Claassen for assisting with formatting the

material and Adriaan Bekker who did all the logistical arrangements for the sexual offences workshops. The overview of the Bill and resource guide is available on the ARMSA website. [www.armsa.org.za ]

• We had also assisted the Lower Court Management [Education Committee] with

nine (9) provincial Judicial Leadership and Management Workshops for magistrates and regional magistrates.

Various training session were held by different provinces, arranged by them. Proposed Workshops for 2008:

• The United Nations Office on Drugs & Crime [UNODC] wants us to conduct a few provincial workshops dealing with anti-terrorism legislation. Dates will be made available as soon as possible.

• We will assist the LCM Education Committee with Court and Case Flow

Workshops for the Regional Magistrates.

• We hope to obtain funding for Judicial Leadership Workshops exclusively for Regional Magistrates.

• Though we are part of the steering committee for the Judicial Training Institute,

and had given inputs regarding the proposed Bill, no further meetings had yet


JUDICIAL EDUCATION COMMITTEE NOVEMBER 2006 – OCTOBER 2007

been arranged after the meeting in February 2007. Comments on the proposed Bill by ARMSA had been forwarded to the drafters as well.

Jakkie Wessels Chairperson: Judicial Education


ARMSA PROJECT COMMITTEE NOVEMBER 2006 – OCTOBER 2007

BACKGROUND Finally! I am back at work. This year has been quite a challenge, “project baby” etc but i am proud to say that ARMSA projects celebrates another successful year!!! Events: November – December 2006 National project: r9000 was raised at the ARMSA annual conference November 2006 in Gauteng. Money was donated to people opposing women abuse (POWA). Carrie Shelver from the organisation

addressed the magistrates at the conference and received the cheque at Pretoria magistrate court 0n 23 November 2006. Blood clinic: Kwazulu Natal reported a successful blood donation clinic set up at Verulam magistrate’s court in November 2006. Leadership Camp 8-10 December 2006: Gauteng: ARMSA and the US EMBASSY ALUMNI arranged a leadership camp for 26 learners from Mamelodi, Eersterust and Soshanguve schools. Brian Simelane (toastmaster international) assisted with the program. The program included simulation exercise, team building efforts and loads of fun. Judge Bess Nkabinde addressed the learners on the constitution in honour of the 10th anniversary. Camp was a huge success! INTRODUCING 2007 Official letters were sent to all regional committees as done at the beginning of each year setting out the expectations and a brief year plan. Reminders and project ideas were given in early newsletters. PROJECTS PROGRESS 2007 WELFARE: EASTERN CAPE: Mdantsane project: on 16 March 2007 regional magistrates arranged a drive to collect magazines and toys to improve conditions in court waiting rooms. Winter hope project: 25 may 2007: Eastern Cape finalised this project by handing over groceries and clothing to Jenny van der Merwe (house on rock) in East London. Value of goods exceeded R10 000.

Free State Blanket drive in April 2007. On 2 may 2007 44 blankets and R1127.55 handed to child welfare and child line raised by regional magistrates in the Free State. Gauteng Winter relief campaign 2 June 2007: ARMSA and a Soweto regional magistrates donated blankets, clothing and can food to assist hospital hills residents. BLOOD DONATION CLINICS: EASTERN CAPE: 13 April 2007 a blood clinic set up at Mdantsane magistrate court by the regional magistrates. 17 May 2007 a second clinic set up to accommodate magistrates who were unable to attend the first one. 13 September 2007: Mdantsane Magistrate Court INVITATIONS/EVENTS/REQUESTS Gauteng: 22 February 2007: the ARMSA President addressed Edenvale Community Police Forum and 50 community members on the Criminal Justice System 2 March 2007: National Project Chairperson addressed Germiston lawyers on criminal matters as per invitation by the legal aid board. 16 August 2007: ARMSA member from the Soweto office gave input in relation to court evidence and aspects of a j88 form at the Baragwaneth hospital Limpopo 7 June 2007: Pat Cloete visited Little Bedfordview Primary and focused on victim empowerment as part of a community outreach program Eastern Cape: Regional Committee approached their local Department of Justice Regional Office to provide proper textbooks for 22 regional magistrates that travel and don’t have access to court libraries. The Department of Justice made R44 000 available for this purpose. Western Cape: George Toastmaster Club trained learners from 2 February 2007 – 17 may 2007. Calendar events: March 2007: Human Rights Day Celebrations:

Kwazulu Natal: Regional Magistrates and prosecutors of Verulam court united and hosted 200 learners at Waterloo Community Hall on 27 March 2007 to celebrate Human Rights Day. The learners were addressed on constitutional and fundamental rights. Gauteng: Pretoria Magistrate Court. On 21 March 2007 ARMSA and the Department of Justice (Education) joined forces and hosted a moot court. Forty learners who are leaders in their respective schools in Gauteng attended. 15 may 2007: the ARMSA President assisted Kedibone Tsolo from the Department of Justice by creating a fact sheet on a criminal case for moot court held by university students in Cape Town High Court. Sebokeng Magistrate Court: 12 April2007: Regional Magistrates hosted an event attended by teachers, principals, members of community and learners from 25 schools. The talks focused on sexual offences cases. Free State: 8-16 March 2007 several schools in Bloemfontein were visited by Regional Magistrates and learners were addressed on rights/ justice system. The University of Free State was also visited. The 4th year social workers students were addressed on court preparation. North West: Regional Magistrate visited Skampaneng Primary near Temba and 300 learners were addressed on the significance of human rights. Printed information handed out to learners. 24 MAY 2007: CELL C: TAKE A GIRL CHILD TO WORK DAY Pretoria: ARMSA and the Department of Justice hosted 30 learners from Soshanguve and surrounding schools, at the Pretoria Magistrate Court on 24 may 2007. Court role players addressed the learners on their functions in the system ARMSA prepared a package for the learners consisting of career opportunities in the law field and the relevant university information. Limpopo: Take A Girl Child To Work Programme: various offices at the Limpopo Region hosted learners for the take a girl child to work program. 70 learners in the Lenyene area and another 40 learners in the Tzaneen area were addressed by court role players. 9 AUGUST 2007: NATIONAL WOMENS DAY

North West: Temba Court celebrated this event on 8 august 2007 by inviting 2 social workers who addressed staff and community members on places of safety and social grant. A local politician spoke on the significance of Womens Day. Eastern Cape: Mdantsane launched a project that will benefit thousands of women. They approached the Office Manager regarding the installing of a good quality Public Address System to improve communication in relation to maintenance payouts. The clerks are now able to update clients on the developments of their payouts etc. ARMSA members devoted their time and expertise to write and source material onto compact disk in mp3 format consisting of topics such as HIV & aids, domestic violence, maintenance contact details etc. This is played whilst women are waiting to be assisted by the clerks. New projects: the US Embassy approached ARMSA to assist with a project for 2008. Will keep you informed. Vision for 2008 and onward….

1. More leadership projects around the country 2. Addressing learners on crime/sentences

Thank you to all ARMSA members that are actively involved in community projects in your region. I appreciate your commitment and efforts for 2007. Special thanks to all court staff that assist the project representatives in the respective areas. Please don’t hesitate to share your ideas with us…. Last word: No matter what our circumstances, our greatest limitation is not the leader above us- it’s the spirit within us. Leadership is more disposition than position- so influence others from wherever you are! - John C. Maxwell LYNN PILLAY ARMSA NATIONAL PROJECTS CHAIRPERSON 2007

ARMSA AGM REPORT BACK ON ACTIVITIES 2007 SALARY & CONDITIONS OF SERVICE COMMITTEE


INTRODUCTION In preparation of this document I looked at my computer folders for this subject over the past twelve months and was surprised to find that more than 240 emails, word documents and spreadsheets were dealt with in this period. For a large portion of our constituents salaries is the most important issue on the agenda, unfortunately the news is not always what the members expect. This is not due to a lack of effort.

SALARIES Since my last report tabled at the National Conference a lot has happened. The dates for publication of the recommendations of the IRC were continuously changed – to such and extent that our honorable Secretary used the following adjectives to describe my post: Personal friend of the Tooth Fairy, Neil Ulrich & Santa Clause, CHAIRPERSON (NON) SALARIES AND (OTHER) FICTITIOUS CONDITIONS to name just a few. This caused great frustration for our membership but I think that we succeeded in keeping our members well informed- even with bad news. Finally on the afternoon of the 29 March 2007 the report was finally made public. This was a rather lengthy document that was not an easy read. The feedback that we received from our membership were mixed- some were extremely disappointed but others stated that it was acceptable having regard to the bigger picture. A joint meeting of the Executive Management Committee and the Salary and Service Conditions Committee was held and the difference in the view points of various members were evident, some suggested that we should not rock the boat while others felt that what should highlight omissions and mistakes in the report and that a failure to highlight it at this stage will prejudice us in the future. It was resolved that we would write two letters one to the president and a more comprehensive one to the IRC. All the members collaborated in the drafting of the document. I would like to thank all involved- but especially Mr. Bekker who had the unenviable task to edit the inputs and our submissions into a professional document. The final documents were distributed to all our members. On Wednesday 6 June 2007 we were informed that the President had referred the recommendations back to the Commission with the instruction to reconsider it with reference to inter alia our submissions to him. A meeting was called or the 13 July 2007 where a representative group of the magistracy engaged the IRC on our further submissions. A full report was forwarded to the members at the time.

On Friday 12 October 2007 the supplementary recommendations were made public by the IRC. I think it is safe to say that our concerns have not being addressed by this document. Some issues are simply ignored and others were differed to next year. It has been conveyed to me that the IRC has already started with preliminary investigations into the outstanding issues of Pensions, medical and housing allowances as well as the so called “tools of trade”. This entailed inter alia the gathering of international comparisons in regard to the above as well as the publication of an advertisement for an actuary to assist the commission with the pension investigation. The applications that were received are presently being considered. We will be invited shortly to give our inputs regarding pensions the various allowances and the tools of the trade. I hereby invite all the members to supply me with their thoughts and suggestions in this regard by email to [email protected] CELL PHONE ALLOWANCES With the unilateral withdrawal of the cell phone policy that ruled our position and the implementation of the new policy that specifically excludes Judges and Magistrates, some of the members, especially those from the Eastern Cape, foresaw difficulties. These did materialize. I spoke to Lerato at Head office and she assured me that a new policy would be drafted for Magistrates, but that in the meantime the claims would be paid as usual. I asked that it be reduced to writing for the benefit of our members in the Eastern Cape. She said that I should request it in writing which I did. Ms Kotze hereafter phoned me to say that the policy was drafted and they are just waiting for the Chief Financial officer to sign. When I enquired a week thereafter she informed me that for some unknown reason the CFO did not want to sign it and referred it the Director General. All efforts to track the policy thereafter have failed. I am continuously referred to Ms. Sandra Gomm but she does not return my calls. I was thereafter referred to a Mr. V Chetty. Again I have left countless messages to no avail. I relayed my frustration to Mr. Ulrich but he merely suggested that this should be addressed at the meeting that he was about to set up. As a last resort I phoned the office of the Director General and spoke to Ms Mamabula. She had a sympathetic ear and promised that Ms. Gomm would get back to me. This did not happen but the elusive Mr. V Chetty did make contact on Thursday 7 June 2007. He stated that the policy is ready and will be tabled for the DG’s attention within two days. I reiterated the problems that our members face especially in the Eastern Cape where the Regional Office reportedly do not honor the claims. He stated that the status quo should have remained in force. I requested him to relay this to the regional offices and supply me with written confirmation – he stated that he would do so.

The memorandum was ultimately signed on the 13th of June 2007 and the contents were distributed to the members. The new committee will have a daunting task before it having to deal with the so called tools of the trade and pension issues. I again request all magistrates to get involved. I thank all the members for their support during he past year. HEIN LOUW CHAIR SALARY & CONDITIONS OF SERVICE COMMITTEE 2 NOVEMBER 2007


FREE STATE REGION NOVEMBER 2006 – OCTOBER 2007

As chairman I took over from somebody who I venture to say was the best provincial chairman ever. Otherwise how does anybody explain the fact that he was chairman for all of 11 years? I am happy to say that the legacy he left is a very enviable one: all 23 Regional Magistrates in the Free State, including our Regional Court President, are members of ARMSA. Our task will be to make sure that the people that will be appointed to fill the vacancies that exist in the province also see the value of joining our Association. It was with a lot of trepidation that my first task after my election was to bid farewell to that man, Manie Loubser, as well as to two of our other members viz Pine Pienaar and Jan Wiehman. This took place on the 26th January 2007 at the Elken Private College. The function was a huge success with very good speakers. We also had the Honourable Judge President JP Malherbe among us, and he graciously agreed to say a word of farewell to these three ‘musketeers’. I wish to thank Marina Voges for the perfect arrangements, as well as all the members who attended the function. Those who did not attend missed a lot because the food was excellent and the farewell speeches moving. WORKSHOPS AND CONFERENCES Through some great effort on the part of Dawn Soomaroo, we had a workshop on Commercial Crimes from the 22nd to the 25th February 2007. The venue was the Bloem Spa, and the presenters were Kemi Behari, Jakkie Wessels and Hein Louw. They dealt with their subjects very professionally indeed, and it is really pleasing to see that we have such calibre people among our own ranks. The guest speaker was Hon Judge Ian v.d. Merwe, and I once more wish to thank Marina for making sure that we had such a powerful speaker. During the weekend of 23 – 25 March we had a workshop on ‘Adjudicating Sexual Offences and HIV/Aids’ also at the Bloem Spa, which was presented by the Law, Race and Gender. The presenters were Sam Waterhouse, Dr Chantelle Liebenberg and Ms Hayley Galgut. I daresay that the topics dealt with were very challenging indeed, but it was clear that the presenters knew their matter. We were once more honoured by Judge Cagney Musi who was the guest speaker. As always, his addresses are very well researched and it is always a pleasure to be addressed by him. Once more thanks to Marina for getting us speakers of such high calibre. We had among us at both workshops colleagues from the Northern Cape, as far as Upington. I however have to mention that attendance from our own province was not what I expected it to be. These workshops are presented at great cost to the sponsors and great sacrifice on the part of the presenters, and I would urge each and every one of us to make an effort to attend them, especially where, as in this case, arrangements were made well ahead of time. While here I wish to mention that the colleagues from the Northern Cape strongly feel that they are ready to host some of these workshops. I support their sentiment. During the weekend of the 20th to the 22nd April, we had a workshop on the new Sexual Offences Bill presented by Jakkie Wessels. The venue was the Letsatsi Game Lodge, Smithfield. This venue was a pleasant surprise to those who had never seen it before, and I have to thank the

National President of ARMSA for selecting it, as well as Dawn for her untiring efforts in seeing to the success of this workshop. At this workshop we were also joined by colleagues from the Northern Cape, and I daresay that the camaraderie was just marvellous. From what I overheard the two Regional Court Presidents say, we can look forward to more such joint ventures. Among the things Dawn did was to collect donations from all the members in the province, as well as our Northern Cape friends who attended the workshop. She collected a total amount of R1185.00 which she used to buy 44 blankets. These blankets were handed by Dawn and me to Ms Mariette Johnson of the Bloemfontein Child Welfare on the 2nd May 2007. Dawn Soomaroo also visited some schools in the surrounding areas, and also invited some students to the office. During these interactions she talked to the students about the Sexual Offences Courts, children’s rights, self protection and the sentencing of juveniles. Dawn Soomaroo also arranged for Dr. Liebenberg to address women from the township on AIDS and related matters. This address took place at one of the sexual offences courts, and in the absence of Dawn who was not feeling well Nosipho Gela hosted the meeting and answer questions regarding sexual offences. I say bravo to these dedicated colleagues. During May 2007 Nosipho also hosted two girls as part of the Cell C take a girl child to work project. During the weekend of 8-10 JUNE 2007 I attended the ARMSA Executive Committee Meeting that was held at Bass Lake Lodge. The Meeting was well attended, the only absentee being the Northern Cape Region. Our retired Chairperson Mr. Manie Loubser also attended as a special invitee. ARMSA look in to the possibility of establishing an ARMSA Alumni for retired Regional Magistrates and currently a court case is pending in regard to the manner in which pension benefits is calculated. CONCLUSION AND GENERAL REMARKS I would like to use this opportunity to congratulate our colleague Marina Voges on her appointment as acting Judge again this year. I would also like to congratulate Ms. Phakama Ngevu on having been nominated to attend the training for Female Aspirant Judges. Last but not least I am sure that we have noted that our colleague Andre Groenewald will be taking his retirement at the end of next month. We wish him well as he joins that exclusive club of Senior Colleagues, and I already wish to remind everybody to diarise the 23 November 2007 to attend his farewell function in Welkom. Lastly I wish to thank you all for having supported this organisation through out the year, and I hope you will continue to do so. Moraole Menong Chairperson: ARMSA Free State.

MINUTES OF THE MEETING FOR THE ASSOCIATION OF REGIONAL MAGISTRATE’S OF SOUTHERN AFRICA (ARMSA): FREE STATE HELD ON 5 OCTOBER 2007 AT UPINGTON 1. PRESENT:

Mr Menong, Miss Soomaroo, Ms Voges,Ms Khuduga, Mr Lalbahadur, Mr Mahlatsi, Mr Visagie, Mr Aucamp Mr Hein Van Niekerk, Mr R Mali and Acting Magistrate Mr Ludidi.

2. APOLOGIES

Mr Visser, Mr Mathews, Mrs Jacobs, Mr Smith, Mr Bosch, Mr Human, Mrs Ramdeyal, Mrs Gela Mrs Meintjes, Mrs Botsile

3. WELCOME

The Chairperson welcomed all members to the meeting and declared the meeting open.

4. MINUTES

Minutes of the previous meeting has been adopted . 5. There were no matters arising out of the minutes. 6. DISCUSSION POINTS

RECOMMENDATION THE MR LOUBSER BE GIVEN HONORARY MEMBERHIP OF ARMSA.

Mr Koekemoer brings the motion for a rcommendation that the NEC of ARMSA consider Mr Laubsher for Honorary Membership of ARMSA. His motion is supported by a motivation which was read out at the meeting. The motivation is accordingly attached and submitted.

The motion was seconded by Mr Aucamp. A Resolution was taken at this meeting that the NEC of ARMSA consider Mr Loubser as Honorary Member of ARMSA.

SALARIES

Everyone made aware of the recent developments relating to salaries. AGM ARMSA

All members are urged to respond on time so that the necessary information can be forwarded to those concerned. Mr Lalbahadur tendered his apologies for not being able to attend the AGM in Johannesburg.

7. NO ADDITIONAL MATTERS. 8. Chairpersons report read out and attached as annexure “A” .. There were no

Objections to the report and everyone was satisfied with its contents.

The financial report was read out and attached as annexure “B” and there were no objections thereto.

The ARMSA Projects Report was handed in and attached as annexure “C”. The Report from the Educational Committee was handed in and attached as annexure “D” . There were no objections to either report.

Auditors also made a verbal report that everything was fine with the finances.

9. ELECTION OF THE NEW COMMITTEE

The Chairperson of the outgoing Committee thanked the old Committee for its services rendered and a job well done. New Committee was elected and the election of each of the following members was unanimous with the quorum present. CHAIRPERSON - MR M I MENONG

SECRETARY - MISS D M SOOMAROO

TREASURER - MRS M VOGES

AUDITOR - MR KOEKEMOER

EDUCATION COMMITTEE - MISS D M SOOMAROO

PROJECTS COMMITTEE - MISS D M SOOMAROO

10. Meeting closed. MI MENONG CHAIR ARMSA FREE STATE MISS DM SOOMAROO SECRETARY

MOTIVATION FOR HONORARY MEMBERSHIP OF ARMSA: J LOUBSER During 1994 there was a strong feeling amongst Regional Magistrates to break away from the erstwhile Magistrate’s Association and to form our own association. Mr Loubser supported the idea and was assisted by Mr Theo Reed from Durban (who also became the very first President of ARMSA ) to set up a conference for Regional Magistrates that was held at the Senate Hall, University of the Orange Free State, Bloemfontein during 17-18 November, 1995. It was during this conference that ARMSA was founded and Mr Loubser was a founding member. It was at this conference that he was also elected as the first chairman of ARMSA in the Free State . Our membership was rather poor and in the Free State we were also somewhat divided as some Magistrates were rather sceptical of the change. Together with the Free State Committee members, Mr Loubser tried to convince all the regional Magistrates to join the association. It took sometime but the Committee succeeded in its goal. Mr Loubser served as chairman for 11 years until he stood down in 2006, 4 months before his retirement. He served for 11 years as chairman , the longest term by any chairman in the country. During the 11 years he also served on the National Executive Committee and was fortunate enough to attend all its meetings except for one which he missed due to unforeseen circumstances and Hein van Niekerk was kind enough to stand in for him During his term as Chairman he was actively involved with all the Projects presented by the Free State Region such as Toastmasters. He also assisted with raising funds for CANSA campaigns and in this time the CANSA campaigns raised about R250, 000-00. Mr Loubser always strived to keep up the good name of the association, the office of the regional Magistrate and to set as high a standard as possible. After his retirement he has also been co – opted to assist the Management Committee to establish the viability to involve retired Regional magistrates with ARMSA . Motivation presented by Mr Koekemoer.


LIMPOPO REGION NOVEMBER 2006 – OCTOBER 2007

It is with appreciation and gratitude towards all members of ARMSA Limpopo that I want to report back on the activities of the Limpopo Region during the period November 2006 — October 2007. MEMBERSHIP NEWS The Limpopo Region currently has a total number of eighteen (18)

Regional Magistrates. Of those fifteen (17) are members of ARMSA. During the above mentioned period the Limpopo Region gained three (3) members to wit Mr. PD Nkuna, Mrs. TJ Phiri & Mr. E. Manasoe. The remaining Regional Magistrate to wit Mr. TJ Raulinga – Regional President Limpopo has been invited both verbally and in writing in the past but have so far declined the invitation to become a member of ARMSA. Despite being a non-member it must be mentioned that Mr. Raulinga has always in the past fully supported and participated in all activities of ARMSA Limpopo. Due to the fact that only four (4) of the Regional Magistrates in Limpopo currently have e-mail facilities, Mr. Raulinga’s secretary Ms Grace Mashebe often transmits either by fax or e-mail documentation to all Regional Magistrates. Mr. Raulinga and Ms Mashebe are thanked for his support in this regard. At the second Annual General Meeting of the Limpopo Province held on 1st October 2006 at Swadini Resort the following people were elected as Office Bearers of the Limpopo Region:

SECRETARY : M. VILJOEN

TREASURER : P. MUDAU

ETHICS COMMITTEE : SJ REYNOLDS

PROJECTS COMMITTEE : P. CLOETE

I would like to express my gratitude towards these members for their un-withering support and their selfless work during this period. Without these members the activities I will report on shortly would not have taken place. EDUCATION COMMITTEE:

SEXUAL OFFENCES BILL WORKSHOP: 1-3 JUNE 2007 A workshop on the Sexual Offences Bill was planned for the weekend of 1-3 June 2007. Initially this workshop would be held in conjunction of the Mpumalanga Region. The date was confirmed with Mr. D. Minnie Judicial Education Member Mpumalanga.

However unknown to him the Regional President Mpumalanga has arranged a team building weekend for the same date. Due to the fact that only 11 of the 17 ARMSA members in the Limpopo Region could attend the workshop, the workshop was rescheduled to the weekend of 2-4 November 2007 to he held in conjunction with the Mpumalanga members.

SEXUAL OFFENCES BILL WORKSHOP: 2-4 NOVEMBER 2007 A workshop on the proposed new sexual offences bill was held at the Forever Blyderivier Canyon Resort. A total number of 25 Regional Magistrates from the Mpumalanga and Limpopo Regions attend the said workshop which was hosted by ARMSA and funded by the Directorate Vulnerable Groups of the Department of Justice. Magistrates were addressed by Prof. Susan Kreston (Visiting Fulbright Scholar and Visiting Professor at the Department of Law: University of the Free State). The workshop was both informative and all concerned express appreciation for the professional manner in which the workshop was conducted and the high standard of the workshop material. PROJECT COMMITTEE: Take-a-Girl child-to-Work-day ™ 24 May 2007: In pursuance of the national effort to empower females, ARMSA Limpopo has invited school girls from several schools to attend courts at the following venues: Tzaneen & Naphunu. These invitations were well received. At Tzaneen (50) and Naphunu (70) a total of hundred and twenty (120) girls from twelve (12) High Schools have spent the day in court where they could observe the wheels of justice turning (or grinding to a halt slowly)

The girls were addressed by Magistrates, Prosecutors and also members of the Letaba Attorneys Association as to the role of each of the role players in the criminal Justice system. A practical demonstration by Inspector Koenig of the local forensic unit as to the lifting and identification of fingerprints was very well received.

All concerned admired his ability to find the “culprit” from the fingerprint lifted.

It is clear from the feedback received that all who has attended found it informative and all expressed the latent urge to go forth and “save the world” in addition to “eradicate crime”.

The following non ARMSA members have contributed their time and efforts to make the day a success:

Tzaneen: Adv. Solly Ngobeni (Senior Public Prosecutor) Riaan Du Plessis (Advance Regional Court Prosecutor) Naphunu: Joseph Moketla (Regional Court Prosecutor)

Ms. K Moila (Magistrate)

Victim Empowerment

• As part of this project ARMSA and more specifically Dr. Pat Cloete and his team have on 11 January 2007 addressed medical doctors at the Voortrekker Hospital on the correct completion of the J88 form. Emphasis was placed on the reasons for the correct completion of it as well as the correct interpretation of the questions on the said form.

• In addition Doctors were also addressed at Leboagomo Hospital on 2 March

2007 on the same topics.

• Like previous years Dr. Cloete and the court preparation officers also visited the Little Bedfordview Primary School on victim empowerment during a Community outreach programme on 7 June 2007

• Dr. Cloete and his team also visited the Mahlasedi Special School where

students were sensitized about sexual offences. The Following non ARMSA Members are thanked for their participation and contribution in these efforts: - Beauty Mashabela (stenographer) Ms. Manthatha & Ms. Seshoka (Court Preparation Officers). Shoprite committed to community service. During discussions between the Management of Shoprite Lebowakgomo and Dr PH Cloete, Regional Court Magistrate Lebowakgomo, he convinced them to get involved in a community service project. They were very generous and designed a program in support of especially victims and witnesses of Sexual Offenses. Miss Tebogo Mabilo, one of the Court prep officials, was assigned as liaison officer with Shoprite. Shoprite donates on a regular basis food, soft drinks, clothes, blankets, toys and toilet requisites to the victims and witnesses. Workshops with South African Police Dr PH Cloete, Regional Court Magistrate Lebowakgomo organised two workshops with the Lebowakgomo Police Service investigators and the Child Protection Unit. The proper completion of official forms used such as warning statements, statements by witnesses and identification parade forms was discussed in detail. The outdated forms were also identified and destroyed. FINANCES: Due to the fact that our expenses still exceed our monthly allowance from the National Budget we thank the National Executive for their financial assistance in all our projects during 2007. For that reason we did not trouble our Regional Treasurer during 2007.

CONCLUSION: On a personal level I would like to thank all members for their support and loyalty towards me during 2007. The members of the Limpopo Region earn a well deserved reputation for their positive participation in all activities arranged. In this regard we have become the yardstick against which other similar workshops got measured. Despite us being a small region I am proud to say that what our members may lack in numbers we make up in attitude and heart. In hind sight we can feel proud of our achievements during 2006/7; however there is still no room for complacency and bravado. Although we had partake in a large number of activities we did initiate very few of them ourselves. The National President, the Chair Persons for both Projects & Education must receive some special recognition for their tireless affords. May 2008 see us building on the foundations laid during 2006/7 LOUIS CLAASSEN REGIONAL CHAIR: LIMPOPO


KWAZULU-NATAL REGION NOVEMBER 2006 – OCTOBER 2007

Welcome colleagues to the Annual general meeting of the Kwazulu - Natal branch of ARMSA. Thank you for your attendance and support throughout the year. A huge thank you goes to Ste Maphumulo and Anand Maharaj for their assistance throughout the year. I would like to welcome 3 new members into our midst: Mr Geoff Abrahams, Mrs BE Kheswa, and Ms Bilkish Asmal were appointed in June this year to this Regional division and have joined the fold of

ARMSA. Welcome to all of you from all your brother and sister regional magistrates in KWAZULU - NATAL. Our hope is that your stay with us is a long and fruitful one. PROJECTS Unfortunately Armsa Kwazulu - Natal was not actively involved in outreach activities this year due to various unforeseen problems. However as always Steve Mundhree has been actively involved with the local community at Ingwavuma and in this regard, he has undertaken projects for Human Rights Day ,Youth Day, Women’s Day as well assisting the local schools for fundraising, career orientation and moral and cultural upliftment Despite various setbacks that he faces in Ingwavuma he is always striving to enrich the lives of the locals. Well done to Steve Mundhree .We could all take a leaf out of his book. SALARIES The recent recommendations of the IRC were sent to the State Presidents office on 12 October 2007. To date no announcements, approval or recommendations have been received from the State President regarding a final word on salaries. LEGAL ACTION The pending legal action against two of the members has still not been finalized. The matter was argued in October and judgment is awaited. JUDICIAL EDUCATION Various courses were held in this regard during the year. In March 2007 a Commercial Crime Workshop was held at the Royal Hotel.; In May 2007 a workshop was held on Human Trafficking and the new Sexual Offences Bill at Alpine Heath; In addition female members attended a leadership workshop in Vereeniging during April 2007; A legal writing workshop was held in conjunction with the International Association of Women Judges [IAWJ] and the American Consulate over the weekend 21-22 April 2007 from which we benefited. In addition various decentralized short courses held by Justice College was attended by myself and other local members. A National executive committee meeting was attended by me in June 2007 at Bass Lake Lodge where various resolutions were taken and subcommittees elected; the minutes hereof were published and distributed in the Ex Tempore publication.


KWAZULU-NATAL REGION NOVEMBER 2006 – OCTOBER 2007

The arrangements for the National AGM have been finalised. The venue is the Birchwood Hotel and Conference centre in Boksburg. Flight arrangements are in the process of being made. Each delegate will be informed via e-mail or by cell phone of flight details within the next week. A list of delegates who are sharing is available with me for your perusal.

All the current members of the executive are available for re-election to the regional executive for the coming year. Erstwhile colleague William Hahn will be retiring at the end of November. We thank him for his invaluable assistance and contribution to the organization as well as to the Kwazulu - Natal Judiciary and wish him well during his retirement. Lastly I must thank Adriaan Bekker for his constant assistance and guidance throughout the year. Heartfelt thanks also go to Bridget Shabalala for her assistance with funding for this meeting. Thank You. Fariedha Mohamed Chairperson ARMSA- KWAZULU NATAL

MINUTES OF ANNUAL GENERAL MEETING HELD AT PROTEA

KARRIDENE HOTEL,WINKLESPRUIT, KWAZULU –NATAL ON 26 OCTOBER 2007 at 15:45

EXECUTIVE COMMITTEE MEMBERS PRESENT: Fariedha Mohamed (chairperson); Sithembiso Maphumulo(Secretary);Anand Maharaj(Treasurer). MEMBERS PRESENT: Botha G; Abrahams G; Levitt T; Marks, S ; Otto N; Singh N; Turner D; Kheswa B E; Naidoo,L; Mundhree S; Visagie HB; Sihlahla CS; Mazibuko C; Colditz TCL; De Beer F; Heuer F; Leat K; Sithole H; Mngomezulu SA; Gumede S; Hadebe,K; Msani,SB; Dlamini,AN; Nkosi,ZP; Khumalo,RG; Chetty,K; Prinsloo,MJ; Wilkins,LA. APOLOGIES: Ms J Pillay; Mr W Hahn; Mr T Ngesi. Welcome by chairperson. Determination of agenda: Nothing added to agenda. Minutes of last provincial meeting (2006) accepted. Proposer: N Otto, seconded by G Botha. No matters arising out of last year’s minutes. Presentation of Chairperson’s report including projects committee: See Annexure A attached Steve Mundhree’s activities with the Ingwavuma community highlighted. New members welcomed: Mrs BE Kheswa; Mr G Abrahams; Ms B Asmal. Treasurer’s report Accepted. Proposed: L Wilkins; seconded G Botha. Annexure B attached. In addition a 32 day notice deposit has an amount of R1961 saved therein. GENERAL: 1. Chairperson indicated that after discussion with executive, it was decided not to place on the agenda a proposal that ARMSA issue any press statement distancing itself from the judges who are facing sanction by the Judicial services Commission. 2. Mr S Mngomezulu requested that there be timeous notification of the ARMSA KZN AGM so that rolls may be arranged accordingly. Chairperson undertook to establish and circulate a date for October 2008 after the next date for the 2008 congress is announced. 3.Mr S Mundhree thanked the previous acting Regional Court President and the KZN Regional Head of Justice Ms KB Shabalala for their endeavours as a result of which an extra court is being established at Ingwavuma.

ELECTION OF NEW OFFICE BEARERS: All present members available for re-election. No other candidates. Proposal by Ms Marks that current executive be re-elected in their respective positions. Seconded by Mr L Wilkins Unanimous re-election of present members in their respective portfolios. Meeting declared closed at 16:15. Dated at Durban this 29 October 2007. Certified Correct. FB MOHAMED CHAIRPERSON S MAPHUMULO SECRETARY


EASTERN CAPE REGION NOVEMBER 2006 – OCTOBER 2007

Membership News We have 34 Regional Magistrates in this province with a 100% membership of ARMSA. Activities Project Committee Magazine Project In accordance with the resolution taken at our meeting on 16 February 2007 to decentralize projects and to initiate projects to

benefit our home offices and local communities “FIRST THINGS FIRST”, the ARMSA branch in Mdantsane launched a drive to collect magazines, books, toys, paintings etc. in order to enhance the waiting room areas and to make them more consumer friendly and professional looking. On 16 March we handed the collection over to the Head of Administration of the Mdantsane Magistrates Office and we believe our effort will make a big difference. The drive was greatly appreciated and scored valuable points in the public relations department for the Regional Court and ARMSA. Blood donation Project On Friday 13 April 2007 the Mdantsane branch of ARMSA Eastern Cape initiated and organized a very successful blood donation clinic held at the East London Magistrates Office. This initiative contributed to the alleviation of a blood shortage after the Easter Holidays. As a follow up to our very successful blood donation project on 13 April 2007 another blood donation clinic was held at the Mdantsane Magistrate’s Office on 17 May 2007.

This was done in order to accommodate many members of the Mdantsane Personnel who could not attend the first clinic in East London due to transport problems. On the 12th of July 2007 there was yet another follow up blood donation clinic held at the Magistrate’s Office Mdantsane under the banner of ARMSA. A further blood donation clinic at Mdantsane is in the pipeline for 13 September 2007. Winter Hope Project On 25 May 2007 ARMSA Eastern Cape finalized its Winter Hope Project 2007. We handed over collected groceries, cleaning material and clothing to Ms. Jenny van der Merwe the co-founder of House on the Rock in East London. A conservative estimate would value the goods in excess of R10 000. House on the Rock is a family home for abandoned, abused, Cerebral Palsy, Fetal Alcohol Syndrome as well as HIV/AIDS orphans who have been cast aside. At this stage they are looking after 62 children ranging from 3 months to 13 years old.

Thank you to all the Regional Magistrates and people of the Eastern Cape who opened their hearts and wallets to help these unfortunate children. Women’s Day Project All the centres in the Eastern Cape were requested to consider launching projects during August 2007 to celebrate National Women’s Day. In Mdantsane we launched a project that will benefit thousands of women in the Mdantsane area for many years to come. Another ARMSA initiated project that may be pretty unique in the Magistrates Offices in South Africa. We noticed that there was a reoccurring problem as far as maintenance payouts were concerned and that the core of the problem could be traced back to lack of effective communication regarding problems that caused any delays in the payouts. We came to the conclusion that a lot of friction and unhappiness amongst maintenance beneficiaries can be avoided if proper and effective means of communicating problems clearly and effectively to a large number of people at the same time existed. We had talks with the Office Manager, Ms. Elliott in this regard and we suggested the installation of a good quality public address system to be installed in the reception hall measuring 15 metres by 45 metres. In this hall thousands of women converge every month to receive their maintenance payouts. Communication is hampered by the fact that the clerks operate from behind bulletproof glass partitions. We worked out the specifications and sourced quotes for the required system and the necessary funds were allocated from the budget. The system was successfully installed on the 16th of August 2007. We are proud to say that the clarity of the system is outstanding and announcements are now made frequently to update customers in the hall of any developments they should be aware of. To add further value to the system the ARMSA members at Mdantsane donated their time and expertise to write and source material that can be recorded onto cd in mp3 format. The cd can then be played over the public address system and will automatically loop and replay every couple of hours. Topics covered on the cd include information on HIV/AIDS, domestic violence, maintenance, the names of officers and office numbers where assistance can be sought, maintenance payout times etc. The topics can and will obviously be expanded and updated as time goes by. Eugene Moss takes care of the technical side of the recordings and the messages are recorded in English and Xhosa - all this at no expense to the office except for the initial capital expenditure on the PA system. Security Project

We were investigating the security requirements of our members in the Eastern Cape in order to eventually approach the relevant authorities to do something about this ongoing problem that has never been addressed.

However in the meantime our attention was drawn to the meeting of JOASA representatives with the Director General of the Department of Justice where the same concerns on security were raised. After reading the report back on this meeting I decided not to waste further valuable time in pursuing this issue at this point in time. Activities Education Committee Law of Evidence Seminar

During the week of 6 to 10 November 2006 ARMSA Eastern Cape in conjunction with the University of Johannesburg held 3 seminars on the Law of Evidence. We invited all Regional and District Court Magistrates in the area to attend. The seminars were conducted by Professor Dawie de Villiers and were held in Port Elizabeth, East London and Mthatha respectively. In total 85 Regional and District Court Magistrates attended the seminars.

The seminars were very informative, well presented and overall a resounding success.

Sexual Offences Seminar

The training seminar on the new Sexual Offences Bill took place at the Halyards Hotel Port Alfred over the weekend of 16 to 18 February 2007. It was attended by 18 Regional Magistrates of the Eastern Cape and presented by Jakkie Wessels and Prof. Susan Kreston.

It was a highly informative seminar of great practical value to all magistrates. The

general consensus was that the handout containing the “overview of new offences created” will become an essential tool for all presiding officers dealing with criminal matters.

Jakkie and Susan were very entertaining presenters of their topics and they must be

congratulated with the effort put into the presentations. Commercial Crimes Seminar A seminar on Commercial Crimes will take place from 12 to 14 November 2007. Twenty one members from the Eastern Cape will attend. Text Book Intervention We are also proud to announce that due to the intervention of Armsa Eastern Cape, the Regional Office in the Eastern Cape was persuaded to make available R44000-00 in order to purchase basic legal textbooks for 22 Regional Magistrates in the Eastern Cape. Although this may be considered to be a small step in the right direction, I can assure you that the provision of these basic textbooks will make a major difference for those magistrates set to benefit from the intervention.

(See the attached letter) Funds were allocated to the offices below in regard to the critical shortage of Textbooks and Research Resources in the Regional Courts. RESPONSIBILITY ITEM AMOUNT LC BUTTERWORTH 1348639 - STA & PRINT: BOOKS, JNL ETC 6,000.00 LC MOUNT FRERE 1348639 - STA & PRINT: BOOKS, JNL ETC 2,000.00 LC PORT ELIZABETH 1348639 - STA & PRINT: BOOKS, JNL ETC 22,000.00 LC UITENHAGE 1348639 - STA & PRINT: BOOKS, JNL ETC 2,000.00 LC UMTATA 1348639 - STA & PRINT: BOOKS, JNL ETC 8,000.00 LC ZWELITSHA 1348639 - STA & PRINT: BOOKS, JNL ETC 4,000.00 AMOUNT 44,000.00 Conclusion & General Remarks

In general I believe we have had a very successful year in the Eastern Cape. Especially the Winter Hope Project was a resounding success and once again I wish to thank every one for their participation. It demonstrated that our hearts are in the right place and I was very proud to have you as my colleagues in this project.

I wish to congratulate Dewald Allers on obtaining his LLM degree - a great achievement.

I wish to thank Jannie Van der Vyver for his work as secretary. We frequently featured in the list of branches who responded promptly to requests from the Executive Committee, and that was all due to his diligence and hard work.

Dirk Louw deserves a special mention here as well. He has been handling the latest case reviews in EX TEMPORE for a very long time now. It is obvious that it takes a lot of time and dedication and it is another important aspect where ARMSA Eastern Cape adds value to the national organization. Well done Dirk.

Thank you to the Regional Court President and every one who acted as president during her absence. Your support for the Organization is highly appreciated.

The executive committee of ARMSA under the leadership of Adriaan Bekker needs a special word of thanks and congratulations. The work they have put into the organization is quite astounding. Just to read the submissions they have made to the IRC, the President and parliament to name a few fills you with admiration and respect for a job well done.

Finally I need to mention that I am very concerned about the apparent apathy amongst a number of ARMSA members. I get the impression that this is a national problem and it is definitely also a problem in the Eastern Cape. I believe that ARMSA will only develop to its full potential once every member has had the opportunity to be the chairman or secretary of a Region. Only then can you fully understand the

frustrations of having to send out the same email two or three times, having to follow it up with faxes and telephone calls and still not achieve the required results.

I had a vision of what ARMSA Eastern Cape should try and achieve during 2007. I wanted the branch to operate as a machine and not to operate as a one or two man show. I wanted ARMSA to take the initiative in all our respective offices and that all our members should clearly underline the very important role that we play in our respective offices. That is the reason why I encouraged the decentralized projects. Unfortunately very few people came to the party and basically only Mdantsane launched decentralized projects. I therefore came to the conclusion that I am obviously not enjoying the support I need from the members in order to lead the way for ARMSA Eastern Cape. I value my friendship with each and every one of you too much to even anticipate trying it again. I therefore regret to inform you that I shall not be available for re-election onto the committee for 2008.

Thank you very much

Eugene Moss

Chairman ARMSA Eastern Cape 31 August 2007


NORTHERN CAPE REGION NOVEMBER 2006 – OCTOBER 2007

LEDE NUUS: Die Noord Kaap Streek het tans tien (10) permanente streeklanddroste. Agt (8) van hierdie landdroste is lede van ARMSA. Die volgende drie streeklanddroste is nie deel van ARMSA nie:

• Khandilize Nqadala (Kimberley) • Cordelia Kgopa (Kimberley)

Cordelia Kgopa en Khandilize Nqadala se aanduiding is dat hulle nie gaan aansluit nie. AKTIWITEITE Geen aktiwiteite het in die bovermelde periode in ons streek plaasgevind nie. Opleidingsessies geskied op ‘n individuele basis. Lede is baie ver van mekaar en kan gesamentlike pogings nie geloods word nie. Indien Kimberley as setel gebruik word moet die volgende afstande in ag geneem word.

• De Aar is 300 km vanaf Kimberley • Upington is 400 km vanaf Kimberley • Springbok is 800 km vanaf Kimberley

Lede is egter gereeld via e-mail met mekaar in verbinding. Belangrike informasie word ook op hierdie wyse met mekaar gedeel. ALGEMENE OPMERKINGS Lede toon in die algemeen ‘n belangstelling in die werksaamhede binne ARMSA. Aktiwiteite word egter aan bande gelê deur die lang afstande. Pogings sal aangewend word om gesamentlike opleidingsessies aan te bied. Van ons lede is egter betrokke by gemeenskapsorganisasies of aktiwiteite. Dit is gewoonlik as deel van ñ reeds gevestigde organisasie soos bv. NICRO en/of kerkgroepe, pensioenarisse, jeugdiges ens. V.M. SMITH Voorsitter Armsa Noord Kaap

ARMSA: NORTHERN CAPE MINUTES OF MEETING HELD ON 6 OCTOBER 2007 AT UPINGTON

1. Opening and Welcome The meeting was declared open by the chairperson Vernon Smith who welcomed all present.

2. Attendance and apologies. • Attendance: Vernon Smith.

Malcolm Viewe.

Amanda Venter.

Selina Tsotsa.

Danie Schneider.

Christo Jacobs.

• Apologies: None. • Absent: Sakkie Taljaart. Zola Mbalo.

3. Constituting of the meeting. The meeting was declared to be properly constituted

4. Congratulations/ Condolences. None

5. Amendments/ Acceptance of minutes.

None available

6. Matters arising from previous minutes. None

7. New Matters.

None

8. Elections. Unanimously elected: Malcolm Viewe: Chairperson

Danie Schneider: Treasurer Selina Tsotsa: Secretary

9. Closure. The chairperson declared the meeting closed.

Amanda Venter Secretary: ARMSA Northern Cape 6 October 2007


WESTERN CAPE REGION NOVEMBER 2006 – OCTOBER 2007

Membership News: In the Western Cape there are twenty nine (29) Regional Magistrates who are members of ARMSA. Attempts were made to recruit Regional Court Magistrates who are presently non members but to no avail. Activities by Project Committees – Mr Herman Buhr has as usual been his active self in George. He has submitted his report with regards to his activities especially with toastmasters.

The Judicial Education Committee under the leadership of Mr Robert Henney, presently acting Regional Court President of the Western Cape, has been more productive and organised the following workshops:

Commercial Crime Workshops from 15 to 18 March 2007 with assistance from Justice College and Jakkie Wessels.

Case flow Workshop - On 19 to 20 April 2007 a Case Flow Management Workshop which was attended by all Regional Court magistrates were held. This was the first workshop of its kind held countrywide and has had a riveting effect on other provinces who have shown an interest in emulating the Western Cape with regard to this workshop Jakkie Wessels was essential in drawing up the programme and Louis Claassen as a resource guide.

On 04 May 2007 a Judgement Writing Workshop was organised with the assistance of Jakkie Wessels two visiting professors from America conducted the workshop which was well received by both Regional and District Court magistrates. The funding for the venue was received from the Regional Office.

The Sexual Offences Workshop to be held on 30 to 31 August 2007 and this was a great success. Thanks must be given as usual to Jakkie Wessels for her insightful lectures and notes. This was much appreciated by all attendees.

A Leadership Workshop was held in Oudtshoorn on 04 to 05 October2007. This co-incided with the co-ordinators meeting of Western Cape unfortunately, late notice was given of the workshop and not many colleagues could attend because of their court rolls.

Conclusion And General Remarks Our greatest loss was the passing away of Awie Kotze our colleague who only recently retired. I would like to express the deepest regrets by all the Regional Court Magistrates who knew him. He will be surely missed because he was a mentor to most of us. He was our treasurer for a long period of time and kept the books meticulously. At our last meeting on 16 March 2007 an audit of the books was considered a waste of money as the books were kept well up to date by Mr Kotze.

Our A.G.M. was held on 30 August 207 at Goudini Spa and co-inside with the Sexual Offences Workshop see attached Agenda. The most important issue was the Election of the Provincial Executive Members who are as follows:


WESTERN CAPE REGION NOVEMBER 2006 – OCTOBER 2007

Chairperson : Jacky Redelinguys

Secretary : Melinda Stander

Treasurer : Sue Smith

Projects Committee : Gaynor De Wee and Ivan Munnich

Judicial Education : Anna Mane Immelman and Robert Henney.

I would like to thank the above members for accepting their positions and also all Western Cape members for Co-operating and assisting me during my term of office.

P NAIDOO CHAIRPERSON - ARMA WESTERN CAPE

MINUTES OF MEETING HELD AT GOUDINI SPA

ON 30 AUGUST 2007 Present:

Robert Henney, Judy Naidoo, Jackie Redelinghuys, Melinda Stander Sue Smith, Wilma v/d Merwe, Elsa van Zyl, Marilyn Cannon, Herman Buhr, Ivan Munnick, Gaynore De Wee, Victor Gibson, Eric Mbiyo, Anne-Marie Immelman, N Dembula-Smile (visitor), Dudley Nel Neels Nortje, Marius Marais Mark van Wyngaardt

Apologies: Mr Piet van Rensburg Reports: Chairperson report as per ARMSA – Extempore – accepted. Treasurers Report – Attached Bank balance – R1516,21 Petty Cash R57, 91 + R200,00 Judicial Education: Robert Henney gives report back – successful Commercial Crimes Workshop was held from 15 – 18 March 2007. Sexual Offences Workshop is currently being held. Projects: Herman reports that a successful Toastmasters project was held in George. Robert raises concern about projects in the Western Cape. Other Provinces are doing very well. Previously the Western Cape was at the forefront.

Election of Office Bearers: Chairperson - Jackie Redelinghuys Secretary - Melinda Stander Treasurer - Sue Smith

Projects: Ivan Munnick Gaynore De Wee Herman Buhr Marilyn Cannon Education: Robert Henney Anne-Marie Immelman Meeting adjourns 17h15

ARMSA AGM REPORT BACK ON ACTIVITIES 2007 MPUMALANGA REGION


BACK GROUND: The Mpumalanga region is serviced by a total of sixteen (16) Regional Magistrates of those thirteen (13) are members of ARMSA. The Regional magistrates serving with dedication in Mpumalanga are:

Ball V Evander Behari KP Evander Combrink H Middelburg Geldenhuys A Nelspruit Greyventein M Kwa-Mhlanga Hallat S Ermelo Jonker E Ermelo Lamprecht A Lydenburg Le Roux J Nelspruit Masteroudes A Witbank Mene B Middelburg Minnie D Middelburg Wilken W Nelspruit * Botha M Middelburg * Olivier N (Regional President) Nelspruit * Seshai P R Siyabushwa

(The * indicate non- members)

We are privileged to stay and work in the Lowveld and are blessed with sunray warm weather with spectacular view’s and sunsets which are further enhanced by all the wild life. When the sun sets after a day of long hours in court one can regain ones strength especially when taking in mind the words of Alexander Watts in his poem:

“Meet me at sunset”

“Meet me at sunset, the hour we love best, Ere day’s last crimson blushes have died in the west; When the shadowless ether is blue as thine eye, And the breeze is a balmy and soft as thy sigh.” With a positive mind one can keep ones spirits high.

JUDICIAL EDUCATION: TEAM BUILDING EXERCISE In order to lift the spirits of all the Regional Court Magistrates a team building exercise was held at Swadini from 31 May 2007 – 03 June 2007. The Regional Court President

Me N Engelbrecht and all 15 Regional Magistrate of Mpumalanga attended. The activities entailed:

• Informal discussions on: i. appreciative reflections ii. Projections into the future

• Outdoor activities:

Friday iii. Dirt car/paint ball shoot out in forest. iv. Rubic scuba and balancing acts v. Braai

Saturday i. AB-sailing over cliff of dam. ii. Paint ball war games. iii. Boat trip on the Blyde dam. iv. Springboks vs England squad (viewed on a big screen)

Words can not explain the excitement, enjoyment, laughter, screams of pain when struck by a paintball. We all have lovely shiners of blue black bruises (the size of a tennis ball) all over our bodies. The AB – sailing over the cliff separated the dare devils from the others. Our President who was a great sport was a member of the dare devils with the following members: Vic Ball Willy Wilken Sam Hallatt Bertus Le Roux Marlene Greyvenstein A Mastoroudes Mark Botha Next time we will encourage the others to accompany us on this suicidal mission. Strong bonds were formed between all of us and we reluctantly departed from the resort on Sunday. All we can say is Naomi thank you and well done.

SEXUAL OFFENDERS WORKSHOP: Regional magistrates from Limpopo and Mpumalanga will attend a joint workshop on the new sexual offenders Act from 02 – 04 November 2007 at Swadini. PROJECTS NELSPRUIT COURT: As mentioned before the Nelspruit court staff has formed an Outreach Committee under the chairperson of Mrs Jacky Boshoff (senior magistrate) of whom the following stakeholders are represented:

• Justice • Social Services • SAPS • Nicro • Department of Correctional Services • Human rights commission • Rob Ferreira hospital

• Family advocate • Department of Education

Flowing from this committee various projects are undertaken such as visiting clinics, schools, courts etc. In this regard the following projects were launched:

• TAKE A GIRL CHILD TO WORK: On 24/05/2007 the Regional Court President Ms N Engelbrecht arranged “Bring a girl child to work” and several children were introduced to court proceedings, how courts function and the possibilities of a career in the Department.

• ALLIANCE FOR CHILDREN’S ENTITLEMENT TO SOCIAL SECURITY

(ACESS):

On Wednesday 09 May 2007, Ms Shaku represented our office at this meeting to review the strategy followed: The purpose of this meeting was to identify and review what is available for poor and vulnerable children as measured against the packages of grants, services and benefits in order to create a platform for all stakeholders to start communicating with each other rather than past and work against each other. This project is in its “baby” shoes to analyse the situation and collectively try to come up with possible solutions and to find a way forward.

• THE DAY OF THE BOOK:

On 09/05/2007, 20 children attended the court under the guidance of Ms Boshoff (Senior Magistrate) regarding the infringement of copy rights on music. A drama was staged in court for shoplifters and the role of the prosecutor, attorney, and magistrate act was highlighted.

• SUPPLY OF CARPETS AT CENTRES:

During May 2007 Woolworths store had a supply of carpets. Ms Joubert put them in touch with Grip who could use it at trauma centres at police stations and aid centres where children are accommodated.

• MOZAMBIQUE:

Without clashing with the abovementioned committee I am once again involved in the yearly outreach to Mozambique to address the dire needs of a poverty stricken country.

From 02 – 12 July 2007 a group of 30 – 50 people whom are carefully selected due to their skills from Dutch Reformed church, South congregation Nelspruit (who is the major sponsor) will leave for Xai Xai, Shubuntu and other local town in Mozambique.

This outreach involves 4 X 4 vehicles, trucks, tents and all camping necessities (there is nothing but mosquitoes)

The costs are enormous as we are going to support children with school books etc. and supply an orphanage with dolls, blankets food etc.

Provision is also made to hand out food, clothes and medicine to this poor and devastated area. A doctor takes care of the sick in his consulting room (a tent under the tree)

The spiritual side is also addressed and + 700 people gather to hear the word of God and to watch the “Jesus Film” – so we are well blessed in this regard.

• NOMADS GHOLF DAY: Under the leadership of gholf captain Andre Geldenhuys (Regional Magistrate – Nelspruit) it is intended to raise an amount of R 80 000.00 this year which will be distributed to the following instances:

o IDIOS rehabilitation centre White River:

This is a rehabilitation centre for drug and liquor addicts.

o Millennium Hoe Centre: This is an orphanage.

o Nelspruit Hospice: Home for terminal ill persons at the end of their road, by supplying a nurse to attend to them.

• YOUTH DAY:

Regional magistrate Deon Minnie arranged that 30 pupils attend his court at Carolina, to introduce them to court procedures etc.

• MATAFFIN ORPHANAGE: This area is riddled with illegal immigrants, loafers, drunkards and known for neglect of children in this poverty stricken area. Mr Bertus Le Roux (Regional Magistrate – Nelspruit) initiated an outreach to these children with the assistance of his church (NG Westergloed congregation). Accordingly these children are now monthly supplied with food, clothes, toys, shelter and care.

W J WILKEN CHAIRPERSON – ARMSA MPUMALANGA

MINUTES OF ARMSA MPUMALANGA DIVISION HELD AT SWADINI ON 01/06/2007

1. Present:

Name Station Ball V Evander Behari K P Evander Combrink H Middelburg Geldenhuys A Nelspruit Greyventein M KwaMhlanga Hallat S Ermelo Jonker E Ermelo Lamprecht A Lydenburg Le Roux J Nelspruit Masteroudes A Witbank Mene B Middelburg Minnie D Middelburg Botha M Middelburg Wilken W Nelspruit Seshai P R Siyabushwa

2. Apologies:

None

3. Welcome: The chairperson gives a warm word of welcome to all members and especially to our new members Mr Behari, P Seshai and M Botha. The new members are encouraged to become members of ARMSA.

4. Homage:

A word of condolence is expressed towards Regional magistrates Awie Kotze, Mr Jan Mtsweni and magistrate Archie Meyer who has passed away recently. A minute of silence was maintained in remembrance of them and their families.

5. Minutes of previous meeting:

The minutes of our previous meeting held on 31/05/2006 at Nelspruit is accepted.

6. Projects:

Projects and activities in which Regional Magistrates of Mpumalanga are involved are reflected in our annual report.

7. Workshop:

Members attention is drawn to the following workshops which are available and members are encouraged to attend them.

7.1 Sexual offences: 02 – 04 November 2007: At this workshop the new legislation on sexual offences will be dealt with at Swadini. All Regional Magistrates from Mpumalanga and Limpopo are encouraged to attend this workshop as it is to our own benefit.

7.2 Refresher course: The course will be held at Justice College in Pretoria from 10 – 14

September 2007. Members must obtain permission from the Regional Court President to attend and ensure that there are no cases placed on the court roll for this period.

8. The Exco Meeting: 08 – 10 June 2007:

The executive meeting will be held in Pretoria. Members will be informed of the outcome of the meeting.

9. Annual meeting – ARMSA:

The annual meeting of ARMSA will be held from 15 – 18 November 2007 (probably at Indaba Hotel Sandton) Once again permission must be obtained timeously from the Regional Court President and court rolls must be cleared for this period.

10. Discussion points:

Salaries: The outcome of our packages is eagerly awaited. At this stage we are all left in the dark by the IRC as to what the outcome of representations made by ARMSA. We trust that in due course we will be notified.

11. Chairperson’s report:

The chairperson’s report is attached.

12. Finance: The financial report for the period 01 July 2006 – 30 June 2007 is accepted.

13. Election of office bearers – ARMSA Mpumalanga:

The present office bearers have been re-elected consisting of: Chairperson – Mr W J Wilken Treasurer – Mr J A Le Roux Secretary – Mr A J Geldenhuys

14. Appreciation:

Members who participated in projects to reach out to the community are thanked.

W J WILKEN A J GELDENHUYS CHAIRPERSON SECRETARY


GAUTENG REGION NOVEMBER 2006 – OCTOBER 2007

Once again we have reached the end of another year, and look back with satisfaction at the achievements of the Regional Magistrates that are the incumbents of their high office in the Gauteng region of ARMSA. This region remains the largest numerical representation within the Republic of South Africa of members in ARMSA, May I make use of this opportunity to say a special farewell to Chris Eksteen, for a number of years the Regional Court president of this large and diverse Region we know as Gauteng. Not only has he been

respected and held in high esteem by his colleagues in Gauteng, he has also made his mark and is likewise held in high regard throughout the Republic. I am sure that i speak on behalf of all members in wishing him a healthy, happy and peaceful retirement. I am grateful to be able to report that there has not been a member lost to death in this region in, the past year. In other regions this has been the case, and we add our respects to those who mourn. Once again there has been significant work done by members within the region in the social field To all those who give their time and talents, our sincere thanks and best wishes for all your future endeavors. Your region is well represented in the national governance of our Association, and we once again, thank them for their effort and time spent looking after our interests, and arranging the annual conference etc. The Salaries and services sub-committee is chaired by Hein Louw, with a number of other members from Gauteng region also on the committee. It is with regret that we cannot celebrate the substantial increases mooted in the report submitted to our State President by the Independent Commission for the remuneration of Public Office Bearers as yet. It would seem that the light we saw at the end of the tunnel still has some distance to go before it breaks out into day light, however we can already hear the wheels rattling on the rails as it approaches the end of the tunnel. At this point it is my belief that the points raised by your representatives at a meeting in the Union Buildings were well received, and that the same recommendations will again be made to the State President. The issues we raised for future discussion are all still on the table, many of the Regional Magistrates in Gauteng availed themselves of the opportunities for further training during the year. This is applauded as the ''taking office" of Regional Magistrate is not the end but the beginning of a lifetime of study.


GAUTENG REGION NOVEMBER 2006 – OCTOBER 2007

This is my last year in office, as I will be retiring in the next few months. Allow me the opportunity to thank all the office bearers in our region over the years for their unfailing assistance and support, but I wish to thank Cassie Carstens in particular, as the Secretary, who keeps all the records, with great care, and sees to it that our affairs are at all times in order. It is with humility that I wish to thank each and every member for their support over the last three years. We have had our differences and our agreements, but by and large the greatest gain for me as a person was the friendship and fellowship I have had with you over the years. To my successor and the new committee the very best wishes for the next year CHAIR PERSON: ARMSA GAUTENG PAUL DU PLESSIS

MINUTES OF THE TWELFTH ANNUAL GENERAL MEETING OF THE GAUTENG REGION OF THE ASSOCIATION OF REGIONAL MAGISTRATES OF SOUTHERN AFRICA HELD AT MARKS PARK ON 28 SEPTEMBER 2007

1. WELCOME

The chairman welcomes all the members who are present.

2. ATTENDANCE

13 Members are present and 9 proxies were received.

3. APOLOGIES

27 Members tendered apologies.

4. JOY

4.1 2 New members have joined the region, namely Mrs A Ramlaal and Mr M H Jooma.

4.2 Mrs N Manaka and Mrs L Pillay have each given birth to new arrivals to their families.

5. MINUTES OF THE PREVIOUS MEETING

The minutes have been distributed to all members prior to the meeting. Mr G E Andrews

proposes that it be accepted and the proposal is seconded by Mr R Boshoff.

6. MATTERS ARISING FROM THE PREVIOUS MINUTES: None.

7. ITEMS FOR DISCUSSION UNDER GENERAL

See paragraphs 10(i) and 10(ii) of the agenda which was distributed to all members prior to the

meeting.

8. REPORTS

8.1 Chairman, Mr P J du Plessis , presents his report.

8.2 Treasurer: The financial report was handed to the members present before the start of

the meeting. Mr G E Andrews proposes that it be accepted and it is seconded by Mr R

Boshoff.

9. NOTICE OF THE ANNUAL NATIONAL CONGRESS

The chairman gives notice that the congress will be held from 15 – 17 November 2007. The

venue is to be announced in due course.

10. GENERAL

10.1 The Division of the Gauteng region into a Southern and Northern region

The chairman explains the practical motivation of such a division and proposes that the

matter be placed on the agenda of the Annual National Congress for November 2007.

The proposal is seconded by Mr F Booyens and is accepted by the meeting.

10.2 An Association of Retired Regional Magistrates

The chairman explains the desire and necessity by retired regional magistrates to form

such an association with the aim of becoming an affiliate of ARMSA and proposes that the

matter be placed on the agenda of the ARMSA’s Congress for November 2007. The

proposal is seconded by Mr P J du Plessis (Krugersdorp) and is accepted by the meeting.

11. ELECTION OF OFFICE BEARERS FOR 2008

Since the chairman is due for retirement at the end of November 2007 he remains in the chair

and asks for nominations.

11.1 Chairman: Mr M S Radasi is proposed by Mr A Roux and seconded by Mr M H Jooma.

There are no further proposals.

11.2 Secretary: Mr T H Carstens is proposed by Mrs R Willemse and seconded by Mr G E

Andrews. There are no further proposals.

11.3 Treasurer: Mr F Booyens is proposed by Mrs R Willemse and seconded by Mr G E

Andrews. There are no further proposals.

The 3 members are elected.

12. The meeting decides that the elected committee is to co-opt the members to represent the

various areas at a separate meeting.

13. CLOSURE

Mr A Roux thanks the outgoing chairman, Mr P J du Plessis for the hard work and dedication

shown by him during his term of office.

PJ DU PLESSIS

CHAIRMAN: ARMSA GAUTENG

TH CARSTENS

SECRETARY: GAUTENG


NORTH WEST REGION NOVEMBER 2006 – OCTOBER 2007

MEMBERSHIP NEWS The ARMSA membership in the North West Region is standing at 21 of the 22 Regional

Magistrates. Mr. Mametse has since joined us from Paarl. Mr. Mametse indicated that he will in

due course join the ranks of ARMSA We are proud that all the Regional Magistrates in the North

West Province are members of ARMSA.

This is an indication of how well we are doing as an Association. I wish to than the members of

the Executive Committee for all their efforts and hard work. We were a great team and hope that

we tried our level best to put the interests of ARMSA forward.

In October 2206 one of our members Mr. Venter from Klerksdorp went on retirement after a very

long service in the Department. We wish him well and he will be missed.

It is also with pride that our Chairperson Mr. M Djaje has been appointed Regional Court

President of Gauteng. His contribution to the Province as an ARMSA member is appreciated and,

he will be sorely missed.

EDUCATION AND TRAINING We've had two workshops, the Commercial Crimes Workshop was held from the 8/2/07 - 1/2/07

at the beautiful Kivietskroon Estate in Pretoria. It was well attended and very informative. We

thank Jakkie Wessels, Kemi Behari and Hein Louw for all the hard work they put in.

The second workshop was the Sexual Offence Workshop held on the 18/5/07 - 20/5/07 at the

tranquil mountains of the Magalies. It was refreshing and enlightening

PROJECTS HUMAN RIGHTS DAY In Themba Mrs. Bulelwa Mabuza visited Skampaneng Primary School on the 19/3/07 and

addressed 300 learners on the significance of Human Rights day and their rights as children. She

also handed out printed information to them regarding their rights.

In Mmabatho Mrs. Abigail Juries and Mrs. Tebogo Djaje addressed a youth group from the Care

Community Church on the 20/3/07 about Human Rights especially children's rights. They also

had discussions on how the court works in cases involving children.

NATIONAL WOMEN'S DAY


NORTH WEST REGION NOVEMBER 2006 – OCTOBER 2007

In Themba Mrs. B Mabuza celebrated the day on 8/8//07 by inviting two Social Workers to

address staff and members of the community on places of safety and social grants. A speech on

the significance of women's day was delivered by Ms Constance Nyembe, a local politician

And Mr. Eddie Humphreys extended a word of thanks at the end of the event. During the week

of the 30 July to 3 August 2007 the Department of Justice together with SAWLA had the access

to justice week throughout the country. In our province as ARMSA had joined forces and

participated successfully. There was advice desks set up at the different courts and Mrs. Tebogo

Djaje visited a few courts namely Vryburg, Taung and Mmabatho. On the 3rd of August 2007

together with other Departments in Mmabatho we had a float going through the villages and

handing out information pamphlets to community members. OTHER ACTIVITIES During the access to Justice Week organized by SAWLA (South African Women Lawyers

Association) and the Department of Justice some of our members were actively involved at the

various advice desks in the province. We appreciate their efforts on that.

We also in the Province had a seminar on Restorative Justice on 27-28/7/07 which was

organized by Judge President Mogoeng Mogoeng. Members of ARMSA attended and participated

fully.

During September 2007 there was a Magistrates Conference in Midrand on the efficiency of the

lower court judiciary. The full report on the conference has already been circulated in the

September ARMSA newsletter.

We would like to congratulate two of our members Mr. Herman Motsomane and Mr. O Pako for

being appointed to act in the High Court (Bophuthatswana Provincial Division) during the month

of October and November 2007. This is a sign of confidence in our members. Ws wish them

Well and they do us proud.

REGIONAL CHAIR: NORTH WEST

MODIBEDI DJADJE

MINUTES OF ANNUAL GENERAL MEETING OF ARMSA NORTH WEST HELD AT RUSTENBURG ON 12 OCTOBER 2007

MEMBERS PRESENT Mr. M Djaje, Mr. D Mogotsi, Ms L, Mabille, Ms T Djaje, Ms S Monaledi, Ms A Juries, Mr. E Humphreys, Mr. C Nel, Mr. J Fourie, Mr. S. Du Toit, Ms S Benade, Mr. B Van Wijk, Mr. E Mametse (visitor) APOLOGIES Mr. O. Pako, Mr. H. Motsemane, Mr. H. Sevall, Ms B Mabuza, Mr. K Sephoti, Mr. L Mathee Welcome Meeting was opened by the Chairperson Mr. Djaje and welcomed all those who were present. CONGRATULATIONS Ms Monaledi congratulated Mr. Djaje for his appointment as the Regional Court President Gauteng and thanked him for all his hard work in the province. Mr. Djaje also congratulated Mr. Pako and Mr. Motsomane on their acting appointments in the Bophuthatswana High Court. MINUTES Minutes of the previous meeting were read and accepted. MATTERS ARISING FROM THE PREVIOUS MINUTES The ARMSA North West Bank Account: Ms Monaledi enquired about the account, Mr. Du Toit explained that a account was opened but there is some problems which he will explain when he gives the full financial report. REGIONAL MAGISTRATES REPRESENTATIVE ON PROVINCIAL LOWER COURT COMMITTEE: On the issue of the Regional Magistrates representative on the Provincial Lower Court Committee it was decided that Mr. Mogotsi will be the new representative as MI- Djaje is now leaving the province.

REPORTS

• A report on projects is attached • Chairperson's report is attached • On the treasurer's report Mr. Du Toit reported that an account was opened and the

details were forwarded to the national treasurer. However as no deposits were made into the account it was closed by the bank after three months. The matter was however taken up with the President and will be resolved. The next treasurer will open another account.

National Training Workshop & ARMSA AGM Members were reminded of the Annual National Conference and they all submitted their names to attend the conference. Ms Djaje will compile a list and forward it to the National Secretary. ELECTION OF NEW OFFICE BEARERS

Chairperson : Mrs. Tebogo Djaje (unopposed)

Secretary : Mrs. Abigail. Juries (unopposed)

Treasurer : Mr. Stefaan Du Toit (unopposed)

The Chairperson congratulated the new committee and wished then1 well. CLOSURE ______________________________ CHAIRPERSON: ARMSA NORTH WEST MODIBEDI DJADJE _________ SECRETARY TEBOGO DJADJE

ASSOCIATION OF REGIONAL MAGISTRATES OF SOUTHERN AFRICA

VERENIGING VAN STREEKLANDDROSTE VAN SUIDELIKE-AFRIKA

AGENDA

12TH ANNUAL GENERAL MEETING OF ARMSA ON 17 NOVEMBER 2006 HELD AT

INDABA HOTEL JOHANNESBURG

1. WELCOME

2. ATTENDANCE / IN MEMORIAM

3. APOLOGIES


5. REPORTS

5.1 PRESIDENT

5.2 MAGISTRATES’ COMMISSION 5.3 JUDICIAL EDUCATION COMMITTEE 5.4 PROJECTS COMMITTEE 5.5 SALARIES AND CONDITIONS OF SERVICE COMMITTEE 5.6 ETHICS COMMITTEE 5.7 JUDICIAL INDEPENDENCE COMMITTEE 5.8 TREASURER (FINANCIAL REPORT) 5.9 REGIONS

6. MEMBERSHIP ISSUES 6.1 TIES

MINUTES

12TH ANNUAL GENERAL MEETING


INDABA HOTEL SANDTON SOUTH AFRICA

17 NOVEMBER 2006 ____________________________________________________________________

1. WELCOME 2. ATTENDANCE

A quorum was established an attendance list was circulated for signature

IN MEMORIAM MR. J BRINK, (Johannesburg) M Voges (Bloemfontein)

3. APOLOGIES

M Viljoen, G.Pretorius, J Potgieter, W. Monk, P Campbell, TP Gerber, IAJ Van Niekerk, E.Moss, C. Naude, D. Minie, A. Mastroudes, J.Combrinck, C Greyling, AP Pretorius, J Du Plessis, ZP Nkosi, C Eksteen A Alberts, M Prinsloo,E Humpries, SM Du Plessis, Vernon Smit, D Schneider Taljaart, J Pillay, E Vellem, C Jacobs, W an Der Merwe, F Mouton, M van Wyngaard, E an Zyl, M Voges, O. Koekemoer, P Pienaar, S Benade, L Mathee, D Jacobs, T Prinsloo.


Paragraph 12.1 of the previous minutes altered to read November 2006. Minutes of previous meeting is submitted and accepted as correct. Proposed: P du Plessis & seconded: G Andrews.

5. REPORTS (AS PER ANNEXURE “A”) 5.1 PRESIDENT

2 6.2 MEMBERSHIP FEES 6.3 HONORARY MEMBERS 7. ADDITIONAL DISCUSSION POINTS 7.1 DATE AND FORMAT OF NEXT YEAR’S CONFERENCE 7.2 THE USE OF THE COAT OF ARMS OF ARMSA 7.3 THE ROLE OF THE DIRECTOR-GENERAL OF THE DEPT OF JUSTICE IN THE DETERMINING OF OUR SERVICE BENEFITS 7.4 THE EXTENSION OF MINIMUM SENTENCES LEGISLATION 7.5 THE DISSOLVING OF JUSTICE SOCIETY 7.6 REPRESENTATION OF RETIRED REGIONAL MAGISTRATES 7.7 __________________________________________________________ 7.8 __________________________________________________________ 7.9 __________________________________________________________ 7.10 __________________________________________________________ 8. ELECTION OF CHAIRPERSONS OF STANDING COMMITTEES 9. ELECTION OF NATIONAL EXECUTIVE MANAGEMENT COMMITTEE 10. CLOSURE

____________________ PRESIDENT: ARMSA AC BEKKER

___________________ NATIONAL SECRETARY LH CLAASSEN

5.2 MAGISTRATES’ COMMISSION 5.3 JUDICIAL EDUCATION COMMITTEE 5.4 PROJECTS COMMITTEE 5.5 SALARIES AND CONDITIONS OF SERVICE COMMITTEE 5.6 ETHICS COMMITTEE No report submitted – The Chair Ethics Committee Mr. du Plessis indicated that

there are no activities for this committee to report on. 5.7 JUDICIAL INDEPENDENCE COMMITTEE

No written report was submitted. Chairperson Mr. G. Travers absent due to illness. The President report that Mr. Travers was invited to the Commonwealth Judges Association conference in Canada where he has delivered a paper. The Office of the Chief Justice had supplied funding to Mr. Travers to attend the conference on Armsa's behalf. One of our members Mr. Dario Dosio also attended he same workshop on his own cost and also delivered a paper as well.

It is also reported that ARMSA have institute legal action against the Magistrates Commission because of the principle involved. The Magistrates Commission intends holding disciplinary hearings against two members because of judgments they made in the exercise of their duties. Armsa submitted that these Magistrates enjoy immunity for any judgment they made unless it can be shown that they have deliberately acted mala fide. Although it is not Armsa policy to intervene in normal disciplinary hearings we respectfully submitted that due to the principle involved in this matter we should intervene.

Armsa also intervene in a matter where the State Attorney refused to grand legal representation to one of our members. Yet again this intervention was caused by the principals involved. 5.8 TREASURER (FINANCIAL REPORT) 5.9 REGIONS

6. MEMBERSHIP ISSUES

6.1 TIES The President report back that the possibility of getting scarves for the female members was instigated. The minimum that could be ordered was around 70. Due to the fact that there was a lack of interest by female members as well as the fact that we currently do not have so many female members The Idea was discarded by the Executive. ARMSA Ties were available for sale with the conference co-ordinator @ R50 each.

6.2 MEMBERSHIP FEES Membership fees have not been increase the past four (4) years. The President

requested a mandate to increase it. The President explained that due to the policies of the DOJ & CD the amount deducted from the salaries of members may not exceed R100. A mandate is furnished to the President to increase the membership fees to R99.99 for 2006/2007.

6.3 HONORARY MEMBERS

No formal representations have been received by the National Executive (EXCO). Mrs. J Naidoo from Armsa Western Cape indicates that they have recommended during there regional AGM that Mr. Awie Kotze be made an honorary member. However she concedes that this recommendation were not formally submitted or motivated as required by the constitution. Mr. Les Wilkins proposed that despite the prescripts of the ARMSA constitution that the meeting condones the non compliance with the constitution.

Mr. PJ du Plessis indicated that the proper procedure must be followed, as the constitution does not make provision for condanation by the AGM and object to the proposal by Mr. Wilkin. Ms. Rawheath proposed that the proposal be properly tabled at the next EXCO Meeting. It is resolved that the recommendation will be formally submitted for consideration to EXCO.

7. ADDITIONAL DISCUSSION POINTS

7.1 DATE OF NEXT YEAR’S CONFERENCE The President indicated that in future we may have to contribute to the funding of the congress or reduce the time span of the conference. Date 15 November 2007 proposed

7.2 THE USE OF THE COAT OF ARMS OF ARMSA

Ms. Rawheath indicates that the motto of ARMSA is in Latin and proposed that the language be changed. She indicates that she experience problems to explain the motto to the people when schools are visited. Mr. G Andrews object to the changing of the proposal. The President also indicated that both the coat of arms as well as the motto is registered with the Registrar of Heraldry and that we cannot just change the motto at will. It is resolved that the motto stay as it is. It is suggested that an English explanation accompany the logo if an explanation is needed.

7.3 THE ROLE OF THE DIRECTOR GENERAL OF THE DEPARTMENT OF

JUSTICE IN THE DETERMINING OF OUR SERVICE BENEFITS Mr. Levitt informs that the Director General issued a memoranda indicating that

he approve our Remuneration. This “approval” contradicts the constitutional provisions regarding the salaries of Public Office Bearers He suggest that the Director General is requested to comply with the constitution.

7.4 THE EXTENSION OF MINIMUM SENTENCE LEGISLATION

The President informs that he attended a meeting of the Open Society where submissions were made that minimum sentence legislation be amended, and that the Regional Court is bestowed with a capability to impose Life imprisonment in regard to the current Section 52 referrals to the high Court in terms of Act 105/1997. Mr. J van Zyl suggests we draft a proposal to support this submission.

It is resoled that it would be referred to EXCO.

7.5 THE DISSOLVING OF JUSTICE SOCIETY

The Justice Society is dissolving. Armsa will make proposals with the intention of obtaining funding from them.

7.6 REPRESENTATION OF RETIRED REGIONAL MAGISTRATES

Retired members do not have currently any representation on EXCO; it is proposed that a member be co-opted to fill this void. It is resoled that EXCO investigate the possibility

7.7 REPRESENTATION OF MAGISTRATES ON GEPF

Mr. Allers enquire if magistrates have any representation in the GEPF. Mr.Travers indicated that the Pension Act does not make provisions for such representivity. The question of Judicial Independence is raised. The President indicate that the matter have already been raised with the IRC. Before the salaries have not been finalized nothing is done regarding other benefits. Mr. Hein Louw proposed that the matter be canvassed as it may be to our detriment. It is resoled that Mr. Travers & Louw will look into the issue.

7.8 SECURITY AT COURTS Mr. Djaje indicated that security at courts is insufficient. He enquires what have been done to increase security. It is suggested that the matter must be taken up with the Department of Justice. The President indicates that ARMSA is busy since 2002 addressing this issue. The Department had despite our inputs done nothing to address this issue. The President indicates that the Director Security appear to be most unhelpful in this regard. He will again canvas the matter with the Department.

8. ELECTION OF CHAIRPERSONS OF STANDING COMMITTEES

Mr. Allers take over that chair for the purpose of the election.

Judicial Education: Jakkie Wessels

Project Committee: Lynn Pillay

Salaries & Conditions of Service Committee: Hein Louw

Ethics Committee: Paul du Plessis

Judicial Independence Committee : Graham Travers

9. ELECTION OF NATIONAL EXECUTIVE MANAGEMENT COMMITTEE

President : Adriaan Bekker.

Secretary : Louis Claassen

Treasurer : Graham Travers

Magistrates Commission : Robert Henny

10. CLOSURE

________________ PRESIDENT: ARMSA AC BEKKER

_____________________ NATIONAL SECRETARY LH CLAASSEN


A G E N D A

13TH ANNUAL GENERAL MEETING OF ARMSA ON 16 NOVEMBER 2007 HELD AT

BIRCHWOOD EXECUTIVE HOTEL, BOKSBURG

1. WELCOME 2. ATTENDANCE / IN MEMORIAM 3. APOLOGIES 4. MINUTES OF THE PREVIOUS MEETING

5. REPORTS

5.1 PRESIDENT 5.2 MAGISTRATES COMMISSION 5.3 JUDICIAL EDUCATION COMMITTEE 5.4 PROJECTS COMMITTEE 5.5 SALARIES AND CONDITIONS OF SERVICE COMMITTEE 5.6 ETHICS COMMITTEE 5.7 JUDICIAL INDEPENDENCE COMMITTEE 5.8 TREASURER (FINANCIAL REPORT) 5.9 REGIONS

6. MEMBERSHIP ISSUES

6.1 MEMBERSHIP FEES 6.2 HONORARY MEMBERS 7. ADDITIONAL DISCUSSION POINTS 7.1 Retired Regional Magistrates 7.2 Maternity Leave- Legal Action

7.3 Status of the Regional Court 7.4 Workshops ARMSA-UNODC Dates 7.5 Membership Fees for CMJA and IAJ

7.6 Relationship with JOASA

7.7 __________________________________________________________ 7.8 __________________________________________________________ 7.9 __________________________________________________________ 7.10 __________________________________________________________ 8. ELECTION OF CHAIRPERSONS OF STANDING COMMITTEES 9. ELECTION OF NATIONAL EXECUTIVE MANAGEMENT COMMITTEE 10. CLOSURE

____________________ PRESIDENT: ARMSA AC BEKKER

___________________ NATIONAL SECRETARY LH CLAASSEN

Birchwood Hotel and Conference Centre http://www.birchwoodhotel.co.za/popups/map.html

1 of 1 10/29/2007 4:36 PM

DIRECTIONS TO THE BIRCHWOOD EXECUTIVE HOTEL & CONFERENCE CENTRE From O R Tambo International Airport From O R Tambo International Airport, take the R21 Highway towards Boksburg. You will pass the Griffiths Road off-ramp – take the next off-ramp – (N12) Witbank – directly after taking this off-ramp, take Rondebult Road off-ramp. You will then approach a set of traffic lights, turn left. Cross back over the highway and at the second set of traffic lights, turn left into North Rand Road. 150 meters after your second set of traffic lights turn left into the entrance of the Birchwood Executive Hotel.

From Pretoria

Option 1: From Pretoria, pass Midrand on the N1 Highway. At the interchange, take the N3 Germiston/Durban Highway. Pass Marlboro, London Rd, Modderfontein and Linksfield turnoffs. At Gilooly’s interchange, take the N12 towards Witbank. Continue on N12 – pass Edenvale, Kraft Rd and East Rand Mall turnoffs. The next turn off will be Boksburg (R21). Take this turn off – you will approach a set of traffic lights, at these traffic lights, turn left into North Rand Road. Pass 6 sets of traffic lights and turn left at the 7th traffic light into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

Option 2: From Pretoria, take the R21 Boksburg towards O R Tambo International Airport. From O R Tambo International Airport, stay on the R21 Highway towards Boksburg. You will pass the Griffiths Road off-ramp – take the next off-ramp - N12 Witbank – directly after taking this off-ramp, take Rondebult Road off-ramp. Turn left at the traffic lights to cross back over the highway. Turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

From Witbank Take the N12 Highway towards Benoni/Johannesburg. Take the Rondebult off-ramp. You will then approach a set of traffic lights, turn right and at the next set of traffic lights, turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

From Central Johannesburg From Central Johannesburg you take the M2 East all the way to the Geldenhuys Interchange. From there you take the N3 North and after 5 km (you are now at the Gilooly’s Interchange), follow the signs: N12 Witbank/O R Tambo International Airport. Continue with the N12 Highway towards Witbank – do not follow O R Tambo International Airport – pass Edenvale, Kraft Road and East Rand Mall turn-offs. The next turn-off/slipway (No429) will be O R Tambo International Airport/Boksburg (R21). Take this turn-off, do not take O R Tambo International Airport/Boksburg (R21). Follow the signs to Rondebult Road. At the top of the off-ramp, turn left into Rondebult Road, pass one set of traffic lights. Turn left into North Rand Road and left again at the second set of traffic lights into First Road. Cross 2 speed bumps and turn right at the stop street into Viewpoint Street. The Birchwood Conference Centre entrance will be on your right.

EX TEMPORE

CONTACT US Adriaan Bekker

National President

083 280 5234 [email protected]

Louis Claassen National Secretary


Graham Travers National Treasurer


CHAIRPERSONS ARMSA STANDING COMMITTEES Jakkie Wessels

Judicial Education


Lynn Pillay Projects


Paul du Plessis

Ethics


Hein Louw Salaries & Conditions of

Service


Graham Travers

Judicial Independence


Louis Claassen Armsa Electronic Publications


Robert Henney Magistrates Commission

0844762652

[email protected] OTHER IMPORTANT NUMBERS

Postal Address THE PRESIDENT ARMSA PRIVATEBAG X61 PRETORIA 0001

Fax Number

0866 500 228

Website www.armsa.org.za

REGIONAL CHAIRPERSONS

LOUIS CLAASSEN LIMPOPO


EUGENE MOSS EASTERN CAPE


PAUL DU PLESSIS

GAUTENG 082 498 4302

[email protected]

MORAOLE MENONG FREESTATE


FARIEDHA MOHAMED KWAZULU – NATAL

0823340296 [email protected]

JUDY NAIDOO

WESTERN CAPE 083 381 2252

[email protected]

MODIBEDI DJAJE NORTH WEST


VERNON SMITH NORTHERN CAPE


WILLIE WILKEN MPUMALANGA

082 9240475 [email protected]

FOR ALL OTHER ENQUIRIES PLEASE CONTANCT US ON

[email protected]

Documents

ISSN: 1991 - 2110 EX TEMPORE Tempore 10.pdfISSN: 1991 - 2110 EX TEMPORE IS THE OFFICIAL NEWSLETTER OF THE ASSOCIATIO N OF REGIONAL MAGISTRATES OF SOUTHERN AFRICA [ARMSA] TERMS OF USE