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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

        1. Hon. Judge President RD Hendricks

        2. Hon. Deputy Judge President Djaje

        3. Hon. Judge Petersen

        4. Hon. Judge Reid

        5. Hon. Judge Mfenyana

        6. Hon. Judge Reddy

3 judgments
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3 judgments
Citation
Judgment date
August 2012
M K v G K and Another (1819/2011) [2012] ZANWHC 23 (16 August 2012)
A divorce court must order pension-fund payments at the date of divorce; post-divorce orders or liquidators cannot bind the pension fund.
* Family law – Divorce Act s7(7) and s7(8) – pension interest deemed part of assets but court granting divorce must order payment to non-member to bind pension fund. * Pension Funds Act s37A – pension benefits protected from reduction, transfer or attachment except as permitted by statute and by a divorce order. * Liquidator powers – post-divorce liquidator cannot transfer or cede pension benefits; post-divorce agreements enforceable only inter partes, not against fund.
 16 August 2012
June 2012
S v Chake (CAF 13 of 2011) [2012] ZANWHC 22 (4 June 2012)
CJA amendments affect child offenders only; adult life‑sentence appeals remain automatic and the life sentence was upheld.
Criminal procedure – Child Justice Act s99(1) and CPA s309B – CJA amendments apply to child offenders only; adult offenders sentenced to life by Regional Court retain automatic right of appeal without prior leave. Sentencing – prescribed life sentences for rape of minors – premeditation, abuse of trust and threats are significant aggravating factors; absence of substantial and compelling circumstances to deviate from minimum sentence.
 4 June 2012
January 2012
S v J N (Review Judgment) (12/2011) [2012] ZANWHC 24 (2 January 2012)
A minor represented by counsel and sentenced under the Child Justice Act is not automatically subject to review.
* Child Justice Act s85 – automatic review of child convictions and sentences – interaction with Criminal Procedure Act Chapter 30 (s302).* Criminal Procedure Act s302(3) – exclusion of automatic review where accused assisted by legal adviser.* Schedule 4 item (p) and s99(1) of Child Justice Act – limited substitution of s302(1)(a)(i), leaving other s302 provisions applicable.* High Court as upper guardian – duty to protect child’s interests does not mandate blanket automatic review of represented minors.
 2 January 2012