Gauteng denies court sheriff detained

2012-01-19 22:42

Johannesburg - The Gauteng government on Thursday denied that a sheriff of the court was detained at Gauteng Premier Nomvula Mokonyane's office when she tried to remove furniture under a court order.

Democratic Alliance MPL Jack Bloom claimed earlier that office security detained South Gauteng High Court deputy sheriff Diana Chivelli on the third floor of the building on Wednesday.

"The reason Chivelli was ushered to the third floor is precisely because the floor houses our legal department," Mokanyane's spokesperson Xoli Mngambi said in a statement.

"As this was a legal matter, it was only logical for her to be taken there to proceed with the business that she came to conduct."

Chivelli was at the office to collect a portion of the R9.25m owed by Mokonyane for the medical costs of a boy left brain-damaged because of negligence in a state hospital.

Prince Sibusiso Khanyi was born brain-damaged at the Pholosong Hospital on the East Rand in December 1999.

The South Gauteng High Court in Johannesburg found in February last year that he suffered permanent brain injury because of hospital negligence.

It ruled that Mokonyane had to pay his parents, Martha and Simon, nearly R10m in damages.

Mngambi said the provincial government was busy appealing the initial court ruling.

"It is important for the public to note and be informed that the fact that we were given leave of appeal, there is a probability that another court can come to a different decision."

  • Cracker - 2012-01-19 23:24

    The technology exists to record in perfect detail what takes place. For the benefit of all and their own safety, make use of it. And change the laws to make it compulsory that the recordings be made. People should not be allowed to contaminate the truth to advantage themselves. Why do people continue to make things so difficult for themselves? And of course for the rest of the country and the administration of justice?

  • Grant - 2012-01-20 04:38

    Surely the premier's office was acting ilegally when they 'ushered' (read frog marched) deputy sheriff Diana Chivelli to their legal department. She was carrying out a court order, if an appeal was or is to be lodged it has nothing to do with her. Imagine if every time the sheriff went to carry out a notice of attachment people said to them, "Bugger off, I am in the process of appealing. Go and speak to my legal department, she is in the kitchen."

      Lyndatjie - 2012-01-20 07:09

      I agree with Grant! A court order is there to be EXECUTED - not discussed or negotiated.

      Nazeem - 2012-01-20 07:26

      Hi All,From what I understand is that the warrant of attachment was only for R 1 million,which was paid.The balance of +-9 million was agreed to be paid in the new financial year.

      Cindy - 2012-01-20 12:46

      I agree Grant. In fact, if they have appealed and all papers have been timeously filed etc etc then the Warrant wouldnt have been issued in the first place. One may not execute a warrant when a matter is under appeal/review...... spent about 15 years doing legal collections, Xoli Mngambi is talking twaddle

  • procold2 - 2012-01-20 08:06

    mokonyane and xoli "liar liar you your pants are on fire"

  • Hendrik - 2012-01-20 08:43

    Crime does not know color race or creed - and neither does abuse. It is a sad day when government openly and publicly confirms the suspicions of the people, especially when the people suspect gov is nothing but a wolf in sheepskin. Those parents (and all others being side-tracked by our fat-cat governments) should simply send in the next sheriff. I support them as much as we all support the victims of the blue-light brigade, but we are getting to a point where there are so many of them we cannot give them all donations ... We should get the clowns in our circus to dress the part, so we can see them from afar .. and laugh accordingly.

  • Hugh - 2012-01-20 08:47

    first and foremost, why is the sheriff seizing state property? Should he not be knocking down the door of his multi million rand mansion and seizing his personal assets? WTF???

      Deon - 2012-01-20 09:32

      The state owes the money.

  • Deon - 2012-01-20 09:33

    This was a court order 11 months ago, pay the people.

  • Zion - 2012-01-20 12:05

    What is up with this country to date? Is it a new fad or fashion to have your furniture removed in lieu of debt. Yesterday it was the minister of police and today it is the Gauteng Premier's office. I am sure the pawnshops will be delighted to buy these artifacts of opulence at a bargain price.

  • Cindy - 2012-01-20 12:49

    The other quasi-govt debtor which gets its assets siezed regularly is the Road Accident Fund. Its almost as if govt depts think that Court Orders are merely suggestions not enforceable directives!

      Wally - 2012-01-22 10:15

      No, Cindy, the issue is that Govt believes that Crt Orders cannot and WILL NOT be executed against them. Crt Orders are only executable against mere mortals/plebs and NOT Govt, Cabinet, Cadres and their "families and friends". Then the muscles are flexed and illegal (or perceived illegal for now) action taken against those acting legally. For nearly two (2) decades companies and individuals have been frustrated endlessly due to non-payment of debt. High time action is taken to bring order and bring the Govt to understand that they too are subject to Crt Orders. Lastly, if the matter was subject to appeal, why is nothing doen to prosecute the appeal after such a long time? This is probably to stall...and who suffers? That little boy and his family. This in an era where a Prov Govt is bankrupt and those who govern are presumed violent and dangerous against those to rescue and I suppose investigate, let alone the AG's report about R25bn of wasted, unauthorised and fruitless expenditure! Just think of the 2nd (and 3rd?) plane(s) to accompany the President's plane. We cannot compete with the USA - seemingly this is what is going on! God never sleeps. No Govt will be successful without God on the throne and at the helm of their decisions. Unrighteousness and injustice will be visited. Not what I say, that is the promise of the one and only Almighty God.

  • Raul - 2012-01-29 19:50

    I remember when I was a kid watching all those cowboy movies where the sheriff was a gentle and decent guy but the crooks would not dare to challenge him. He was invincible. Even the crooks those days had a kind gentleness about them. To deal with these new generation of crooks we need to call Superman.

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