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Legal Resources Centre, Cape Town records
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Aliens: General File

This file was opened in 1986 as a possible test case concerning the citizenship and status of so-called 'Aliens' linked to the Homelands. The LRC collected documentation and information on the issue, but nothing came of this.

A.M Jeremiah vs. Snyman & Partners

Case 13813/94 Magistrates Court Wynberg (1993-1995) (4 files).

In this matter the LRC acted for a client who owed a debt to the Small Business Development Corporation (SBDC). The SBDC "ceded" the debt to a collection agency, Snyman & Vennote. The LRC instituted an action against Snyman & Vennote on the basis that the cession of the debt to them was not binding and they thus had no right to collect money from the client. On the day of the trial, Snyman & Vennote repaid the client the monies they had collected from him and subsequently paid the costs in the matter.

This item comprises 4 files:

File 1: Correspondence and file notes.

File 2: Pleadings.

File 3: Statements and affidavits.

File 4: Background documents.

Anthony Nagan

Case 12829/94 (1994-1996) (1 file).

The LRC acted for Anthony Nagan in an application in terms of Section 103 of the Constitution, in which Mr Nagan wished to have the criminal trial against him postponed pending his application to the Constitutional Court for an order declaring that the legislation under which he was being prosecuted was unconstitutional. The application failed. The LRC believed that it's only option was to take the magistrate on review regarding his decision not to postpone. However, Mr Nagan failed to cooperate with LRC despite numerous requests for instruction.

The file includes legal documents, correspondence and case references.

A.W. Beyers and 2 others vs. M. Mlanjeni and 158 others

Case 9306/90 Supreme Court Cape of Good Hope Provincial Division (1990-1991) (5 files).

In this matter the LRC acted on behalf of 5 communities of squatters and in particular the residents of the Princess Bush Squatter Camp in Hout Bay against whom an application for eviction had been brought by the owner of the property on which they resided. Although the LRC was not successful in defending the matter, sufficient time was gained in order to enter into extensive negotiations with the State and property owners and shortly after judgement was granted against the squatters they were moved to an alternative site in Hout Bay.

This item comprises 5 files:

File 1: Correspondence and file notes.

File 2: Instructions to counsel.

File 3: Process and pleadings documents.

File 4: Deeds Office documents.

File 5: Press clippings.

B. Benjamin vs. Minister of Education, the Provincial Govt of the Western Cape and Principal of Darling Primary School

Case 4/927/93 Supreme Court Cape of Good Hope Division (3 files).

A claim was brought against the Education authority arising out of the assault of Brandon Benjamin, a former pupil at Battswood Practising School in Wynberg. The aim was to have corporal punishment declared unconstitutional. The Education and Training Act no. 90 of 1979 allowed for the principal of a school to administer corporal punishment. There was a clear discrepancy between the different educational authorities - black, coloured, Indian and white - about the administration and regulation of corporal punishment. Because Brandon Benjamin was coloured, his school fell under the jurisdiction of the House of Representatives, and therefore could be subject to corporal punishment. The LRC charged that these regulations were discriminatory on the basis of race. They also charged that they infringed upon the fundamental rights as set out in chapter 3 of the Constitution of the Republic of South Africa Act No 200 of 1993.

A criminal case was lodged against Mr Williams, the Headmaster of Battswood Practising School. He pleaded guilty to four charges of common assault. He was sentenced to one year suspended for 4 years on condition that he pay R2000.

This item comprises 3 files:

Files 1-2: Correspondence.

File 3: Legal documents.

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