The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.
The Inaugural lecture by Professor Wouter de Vos: Is a Class Action a ‘Classy Act’ to Implement outside the Ambit of the Constitution?
July 31st: OT Moot Ct, Kramer: 17h30 and afterwards for refreshments
In his paper Professor de Vos first gives a brief overview of the leading foreign jurisdictions in the field of class actions. Thereafter he analyses the present legal position in South Africa with reference to the constitutional provision and the leading cases dealing with class actions. He concludes with an appeal to government to follow the leaders in this area and to adopt comprehensive legislation regulating this complex procedure. It is arguable that the courts can entertain and develop class actions by virtue of their inherent jurisdiction but such an approach is not supported because it would not lead to uniformity and certainty.
Wouter de Vos (BA LLB LLM LLD (RAU)) was admitted as an advocate in 1978 and practised at the Johannesburg Bar for three years. Over the next 27 years he lectured at UJ, US, and Rhodes and he joined the Department of Public Law at UCT in 2009 where he teaches Law of Evidence and Criminal and Civil Procedure. He is the author of over 40 articles.BACK TO TOP