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Legal Resources Centre, Cape Town records
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Zwelihle Community Development Trust (1995)

The LRC assisted the Zwelihle Community Development Trust with various matters such as applying for tax exempt status, charity status, fundraising authorisation, and other organisational matters.

This item comprises 3 files:

File 1: Correspondence and file notes.

File 2: Deed of Trust documents.

File 3: Proposals by developers and sales agreements.

Zwelihle Community Development Trust

The LRC assisted an organisation known as Zwelihle Development Trust in many matters over the course of a few years. In this instance they drafted a contract for the sale of land adjacent to the Zwelihle community to a local developer. The proceeds of the sale were to accrue to the trust. The initial sale lapsed and another developer wanted to buy the property but at a rate below market value. The LRC assisted the ZDT in discouraging this sale. After 1994, however, a local authority for the Hermanus region was formed that included councillors fro Zwelihle. They approved the sale and R1 million was set aside for the ZDT. The ZDT was unhappy with the sale but no further intervention was asked for.

This item comprises 7 files consisting of correspondence and file notes.

Zoyisile Wilson Ngxazana (1990)

The client resided in a hostel in Mbekweni Township outside Paarl. The Mbekweni Town Council wished to upgrade the hostel and requested the client to vacate the hostel but made no alternative arrangements regarding accommodation. Instead the Council prosecuted the client on a spurious charge of entertaining visitors in the hostel without the requisite permit. The LRC prepared for the trial, but the charges dropped.

This item comprises one file of correspondence as well as heads of arguments and statements relating to the criminal charge.

Zolani residents vs. Minister of Law and Order

Case 305/87 Magistrates Court Montagu (4 files).

A list of cases involving Holmes, Yokwana and Zenzile arose out of an attack on the home of a vigilante in Zolani Township in 1986. The police arrested most of Zolani, but only 30 people were brought to trial, and all were acquitted. The claims were finally settled on the basis that the plaintiffs be paid R500 a piece.

This item comprises 4 files:

File 1: David Gadile Holmes, includes correspondence and affidavits.

File 2: Jacob Nomotse Yokwana, includes correspondence and process.

File 3: Elizabeth Zenzile, includes correspondence and process.

File 4: Merriman Notwalana, includes correspondence and process.

Zelda Newman and JC Newman vs. The Minister of Law and Order and others

Case 10886/85 Supreme Court Cape of Good Hope Provincial Division (1985-1986) (6 files).

The client, Zelda Newman, a Standard 7 pupil at Atlantis Secondary School was detained by police for allegedly inciting student unrest. She was held for 14 days, and then released without appearing in court. Upon her release, the LRC assisted the Newmans in appealing the legality of her detention. Application was made to the Appellate Division, but the application for leave to appeal was dismissed.

This item consists of 6 files:

File 1: Correspondence and file notes.

Files 2 and 3: Court documents.

File 4: Affidavits and statements.

File 5: Judgements.

File 6: Press clippings.

Z. Zuba vs. Minister of Law and Order

Case 25303/85 Magistrates Court Wynberg (1985-1987) (8 files).

In this matter the client was the father of an 8-year old boy who had been shot by police during unrest in Guguletu in 1985. Birdshot pellets were lodged in the child's body, causing him considerable pain and injury. A claim for damages was brought against the Minister of Law and Order, and an award of R3000-00 damages was made by the court, plus costs.

This item comprises 8 files:

File 1: Correspondence and file notes.

File 2: Instructions to counsel.

File 3: Statements.

Files 4-5: Pleadings and process documents.

File 6: Medical and personal documents.

File 7: Incomplete transcript of trial, plus findings and award by magistrate.

File 8: Police logs for Guguletu.

Z. Mthi vs. L. Balintulo

The LRC assisted a man in claiming damages with regard to the deflowering and impregnation of his daughter. The amount for such a claim according to customary law was R1500. The other party agreed to pay this provided no further claims for maintenance were instituted against him. This was not acceptable. Eventually a payment of R500 damages was agreed to, and a claim for maintenance was effected through the maintenance courts.

This item comprises one file of correspondence.

Z. Memani and others vs. The Minister of Law and Order and Others

See also 2.1.2.13.

From 9 to 12 June 1986 the area known as KTC was attacked and largely destroyed. Residents of the area claimed that police assisted in the attacks and in the destruction and looting of their property. A week after the attacks the police told residents who were attempting to rebuild their dwellings that they had to demolish them or face punishment; police and SADF members also took part in bulldozing down structures. Members of the Masincedane Committee approached the TRC to bring an urgent order against the Minister of Law and Order to prevent police or other authorities from destroying property in the area (case 6461/86). This order was granted. It appears further that the LRC brought a damages claim for the property that had been destroyed. It is not clear what the outcome of this matter was.

This item comprises 3 files:

File 1: Correspondence and file notes.

File 2: Briefs to counsel (case 6461/86).

File 3: Process papers (case 6461/86).

Z. Mehlomakulu and R.D. Nunes vs. Minister of Law and Order

Case 31912/86 Supreme Court Cape of Good Hope Division (1986-1988) (6 files).

In this matter the LRC acted for two clients who had been unlawfully and wrongfully tear gassed by police during a May Day COSATU Rally at Zolani Centre in Nyanga East in 1986. A civil claim for damages was instituted against the Minister of Law and Order. However, judgement was in favour of the police. The LRC appealed the judgement, but the appeal was dismissed with costs.

This item comprises 6 files:

File 1: Process documents relating to civil damages claim.

File 2: Statements and affidavits.

File 3: Instructions to counsel to lodge appeal, with supporting documentation.

File 4-5: Record on appeal (5 volumes).

File 6: Press report.

Z. Benjamin vs. J. Benjamin

Case 386/97 Civil Court Wynberg (1997-1998) (1 file).

Although this matter was concerned with representing a woman in an enquiry concerning a breach of a family violence interdict, two legal matters arose relating to administration of justice. The first concerned the representation of the applicant at the enquiry. The court determined that the applicant was entitled to representation but not to legal aid. The second issue concerned counsel for the respondent removing documentation regarding previous breaches from the file without informing the court or the LRC. Unfortunately the matter could not be followed up successfully.

This item comprises 1 file containing correspondence, notes, and a partial transcript of proceedings.

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