Hartzenberg Law Attorneys

Hartzenberg Law Attorneys Our goal... to find practical legal solutions to sometimes seemingly insurmountable problems

12/06/2024

About Us - Glenville Hartzenberg, the esteemed Director and Founder has meticulously crafted a legal practice renowned for its unparalleled dedication and proficiency in serving clients since 2015. With a comprehensive scope covering virtually every facet of law, our firm offers expert guidance and support across diverse legal domains, complemented by specialized assistance in our focus areas

11/06/2024

We're excited to introduce our Real Estate division. To all our loyal clients kindly head over to our real estate social media pages to give us a like and a follow. It is greatly appreciated!

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10/06/2024

New Look, Same Commitment to Justice. Discover the Rebranded Hartzenberg Law Page. Like and Subscribe to our Page

23/03/2018

The Zuma charges: Justice a long way off
The only certainty about the Jacob Zuma corruption case is that it’s going to take a very long time – if ever – to bring the former President, 76 next month, to justice, notes Legalbrief. Our slow-moving courts, the will of the NPA to pursue its erstwhile comrade-in-arms – Director of Public Prosecutions in KZN, Moipone Noko, reportedly a Zuma sympathiser is to take charge of the prosecution – with any commitment, and the generosity of a legal system that enables wealthy accused to employ the best legal minds to delay and obfuscate will prove to be Zuma’s best friends. Now that the NPA has belatedly decided to prosecute him on 16 charges – one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud – the well-worn ‘Stalingrad strategy’, employed so successfully by Zuma in the past, will be rolled out. The first step, as already laid out by Zuma’s lawyer Michael Hulley, is to take NPA head Shaun Abrahams’ decision on review and no doubt to appeal any adverse outcome, although experts claim this tactic amounts to 'clutching at straws'. Then there’s the permanent stay of prosecution option, already launched by an obscure organisation in the Western Cape High Court, based on the argument that he is unlikely to get a fair trial. In all likelihood it will be years before Zuma finally has to answer to the charges in a criminal court – and then we should prepare for a lengthy battle, lasting perhaps a year or more, to be followed by appeals likely to take it all the way to the Constitutional Court, which raises the question: Will the process be completed in Zuma's lifetime?

02/02/2018

State capture: Week of the odd couple...
Contrasting views of the role of the Gupta family in state capture – one strongly condemnatory, the other more accommodating, at times even defensive – were evident in the latest rounds of the inquiry into the shenanigans at Eskom under the auspices of Parliament's Public Enterprises Committee, notes Legalbrief. The Guptas took a pasting from former Passenger Rail Agency of SA (Prasa) chief executive Lucky Montana, but were given a much easier ride by Deputy Public Enterprises Minister Ben Martins, which tells a story in itself. While Montana slammed the Guptas as arrogant and entitled, Martins had little negative to say about the politically-connected family, is how it was put in a Business Day report. However, notes Legalbrief, both were agreed on one thing: they did nothing wrong.

22/09/2017

Judge Hans Fabricius in his judgement in the Gupta/Bank of Baroda case:
"I could not help to wonder whether, unbeknown to me, democracy and the rule of law had somehow been suspended. Could it be possible that the future, so bright in 1994, was now only history? Do the constitutional obligations imposed upun the prosecuting authority still exist? Do the various investigating bodies of the police service still remember their constitutional duty to combat and investigate crime?"

15/09/2017

Litigation:
President Jacob Zuma has conceded that the 2009 decision to have corruption charges against him dropped was irrational, saying he wants the NPA to make a rational one. In an 11th-hour concession, Kemp J Kemp, representing Zuma, told the SCA that his client had conceded to this, but wanted the opportunity to make fresh representations before the NPA decided to recharge him.

The SCA questioned whether the timing of the serving of an indictment on Zuma in any way undermined the decision to prosecute him. Mokotedi Mpshe, who took the decision to ditch the prosecution, had conceded that there was no interference with the prosecutorial process and that Zuma would have received a fair trial.

Hilton Epstein, for the NPA, argued that there was political interference from Scorpions boss at the time Leonard McCarthy, who delayed the serving of the indictment until after the ANC’s Polokwane conference, because he wanted Thabo Mbeki to be re-elected President. Epstein argued that McCarthy did not want the indictment served before the conference because it would lead to people rallying behind Zuma.

Epstein, seemed to have a particularly bloody day in court, resting his case with the words: ‘I have no further submissions to make to damage my case even further.’ Epstein's reiteration of the NPA’s 2009 argument that the prosecution of Zuma was driven by political motives got short shrift Judge Mahomed Navsa, who asked: 'How does it nullify the entire case against Zuma?' If the only issue is the timing of Zuma’s indictment, ‘how does that make the prosecution a bad one,’ he asked. Epstein conceded that the merit of the case against Zuma was not in doubt.

The advocate relayed to the court the Director of Public Prosecutions, Shaun Abrahams’ ,concerns about what the SCA outcome might mean for him. ‘If the decision (to drop charges against Zuma) is set aside, what does (Abrahams) do,’ Epstein asked.

‘You have a decision to prosecute which has thus far been unchallenged,’ Navsa said. ‘All that remains is that the decision to prosecute is reinstated.’ Judge Azhar Cachalia expressed bemusement. ‘What is Mr Abrahams’ problem,’ he asked, pointing out that only two options were available. Either Zuma’s appeal succeeded, in which case the case was over, or the prosecution would continue. ‘Why is this an anxiety,’ asked Navsa, saying later: ‘I don’t get it’.

05/12/2016

Courtesy of my learned colleague, Arthur Olsen "This is an anecdote told to me by a very old Advocate who practiced in the 1950's at the Cape Bar . At that time the circuit court was quite a momentous occasion and the Judge and counsel for the State and defense had travelled to Beaufort West for the tri monthly Circuit Court .
The Judge was seated in court and engaged with a trial but the members of the public outside were shouting and laughing amongst each other on a particularly stifling warm day . Irritated beyond belief the Judge instructed the court orderly (an Afrikaner) as follows" Seargent will you be as kind as to inform those deleterious miscreants that I am a representative of Her Majesties Government imbued with the authority to hear all matters civil and criminal within this Jurisdiction and that they are now interfering with this sacred duty and if they do not desist immediately I will not hesitate to inform the Judge President that we need not sit in this town again since clearly there is neither a need or respect for the Honorable Court" "Yes my LOORD " the court orderly replied went outside and shouted " Haai julle bliksems hou julle bekke"

21/11/2016

Litigation: Zuma must pay for abuse of court – lawyers

Taxpayers should not have to pay President Jacob Zuma’s legal costs when he has abused the court, lied under oath, and is litigating to protect his own personal interests, opposition parties are arguing in court papers, says a BusinessLIVE report. After the President’s last-minute u-turn in his bid to prevent the release of the Public Protector’s State of Capture report by withdrawing his urgent application on the second day of the hearing, the DA, EFF, UDM and the COPE urged the court to order Zuma to pay for the legal costs out of his own pocket. In papers, filed in the Gauteng High Court (Pretoria) on Friday, Etienne Labuschagne SC, on behalf on the DA, said in the litigation over the report, Zuma had acted ‘solely as a private citizen’, who came to court to defend his own personal interests. ‘He is, like any other South African, entitled to seek relief from the court. But then, like any other South African, he must pay for it himself,’ said Labuschagne. Dali Mpofu SC, counsel for the other opposition parties agreed and added that the State Attorney’s Act did not allow the state attorney to represent the President in his personal capacity. ‘The present matter did not involve the interests of the office of the President. It involved the interests of the incumbent. These two concepts are different,’ said Mpofu.

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