Employer v Employee: Can You Use Evidence Obtained under Threat of Prosecution?

When we hear of employers and employees at loggerheads with each other in our court system, we normally think of labour disputes – strikes, disciplinary hearings, unfair dismissals and the like. But at times such disputes end up in our normal civil courts, dealing with issues which potentially apply to all civil claims.  An interesting SCA (Supreme Court of Appeal) case Hohne v Super Store Mining (Pty) Ltd (831/2016) [2016] ZASCA 186; [2017] 1 All SA 681 (SCA); 2017 (3) SA 45 (SCA) provides a good example. An accused diamond thief sued for R6m A business which processes mine dumps…
Read More

Child Maintenance in Arrears? The Contempt of Court Enforcement Option

Our law, in protecting the interests of children in particular, provides you with an array of options when it comes to enforcing payment of maintenance orders.  One of them is to ask the court to jail the defaulter for “contempt of court”. The idea of course is that the threat of a stint behind bars is likely to extract payment out of even the wiliest of maintenance dodgers. How does it work and what must you prove?  A High Court case Deenanath v Deenanath and Others (11852/2015) [2016] ZAKZDHC 44 illustrates - “Pay up or go to prison” – what you…
Read More