Connect with us

Law Profile

Saving a woman forced into drug trafficking

While still in custody, the client’s husband was found murdered in Venezuela.

Published

on

agnes mpofu

Agnes Mpofu is a Candidate Attorney with the Legal Aid South Africa’s Tembisa Local Office. She represents people in many compelling cases, for instance, this recent one where she assisted a client charged with dealing in and possession of drugs. The client was a Venezuelan citizen arrested at OR Tambo International Airport, with around 2 grams of cocaine in her luggage.

She informed Agnes that she was forced to transport the drugs to Botswana by a man named Louis, an acquaintance from Venezuela. He promised the client an Office Administration job in Brazil and asked her to send qualifications and other paperwork, which she did. Louis then paid for her flights to Brazil. In Brazil, he threatened to kill her husband if she did not transport the drugs in question to Botswana – he put the client’s husband on the phone while threatening her. He said people were watching her steps should she approach any police officials.

The client boarded a flight only to be arrested in South Africa upon arrival. She was pregnant at the time and later gave birth to a baby girl in prison.

While still in custody, the client’s husband was found murdered in Venezuela.

Agnes contacted an official from the Venezuelan embassy, asking for their assistance in obtaining the death certificate the client’s husband. She also requested for the client’s marriage certificate and other relevant documents.

The matter was postponed numerous times while awaiting the documents. The State initially refused to accept that the documents be submitted as evidence in court. However, the court eventually accepted them.

The matter was subsequently postponed further as there was no babysitter for the client’s child. A warm-hearted official from the Venezuelan Embassy had to offer her services and the trial finally proceeded.

At the trial, the accused pleaded not guilty and raised a defence of necessity. This defence arises when a person is confronted with a choice in an emergency, between suffering injustice and breaking the law and then commits a criminal act. In this case, the woman’s husband’s life was threatened, and she felt it necessary to abide by Louis’s demands, which led her to break the law.

Her documents were submitted as exhibits, including her husband’s death certificate. She was found not guilty on both charges. The defence of necessity succeeded.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Law Profile

Doreen Majala: The Kenyan lawyer and education supporter with a big heart

Besides her philanthropy and legal work, Doreen is an established speaker and moderator with knowledge in current affairs, politics and business.

Published

on

By AfricaLegalNews

Doreen Majala found the Doreen Majala Foundation in 2015 as a personal initiative (still is). She is a Kenyan lawyer with a big heart for children and education. The foundation came up as an idea to fill in loopholes in the country’s education sector.

The founder shared her story with AfricaLegalNews.

“I took the initiative to visit over 20 schools across the country to get the feel of the learning conditions. Truly, it was devastating to see the dire need, especially in lack of stationery materials,” says Doreen.

The foundation engages in Motivational and Career talks hosted by the founder and also through volunteers who come on board to inspire the students during our charity visits.

The foundation partners and collaborates with interested parties who share similar goals.

“We have worked with the Miss University Kenya Organization, Tabitha’s Daughters, Ficha Uchi Campaign, Fresh Cuts Foundation, Kenya Girl Guide Association, among others,” she says.

The aim of the foundation aims at creating equal learning opportunities for every child through education by reaching out to underprivileged schools to supply basic needs for effective learning.

Among the schools and homes, the foundation has worked with is Dagoretti Mixed Secondary School (Kawangware), Kawangware Ecumenical Development Services (KEDS) an informal school in Kongo Village, Catholic University of Eastern Africa (CUEA), Riara University, Gatina Primary School in Kawangware, St. Mary Home in Langata, Ukunda Children’s Home in Kwale, Nyumbani Children’s Home (Dagoretti), Pumwani Child Survival Education Centre among others.

Doreen studied for her Bachelor of Laws at the Catholic University of Eastern Africa, Nairobi. In 2015 she joined the Kenya School of Law. She is an advocate pending Admission

Continue Reading

Law Profile

South Africa’s new Deputy Public Protector Adv Nompilo Kholeka Gcaleka

Advocate Nompilo Kholeka Gcaleka was appointed the Deputy Public Protector of South Africa for seven years from 1 February 2020.

Published

on

By Tanya Dube

Advocate Nompilo Kholeka Gcaleka was appointed the Deputy Public Protector of South Africa for seven years from 1 February 2020.  SA’s President Cyril Ramaphosa appointed the advocate in terms of Section 2 A (1) of the Public Protector Act. She replaced Advocate Kevin Malunga.

Adv Gcaleka graduated with an LLB degree in 2003 from the University of KwaZulu-Natal. She is currently studying towards a Master’s degree in Commercial Law with the University of Johannesburg.

Adv Gcaleka was admitted as an advocate of the High Court of South Africa in 2006. Adv Gcaleka was legal advisor to former Minister Malusi Gigaba. That past role led the opposition Economic Freedom Fighters (EFF) and Democratic Alliance (DA) parties to raise objections over her appointment.

However, the National Assembly finally approved the nomination and appointment with 203 to 103 votes.

Gcaleka was chosen from a list that included SARS senior legal manager, Moshoeshoe Toba, Adv Shadrack Nkuna, Adv Noxolo Mbangeni from the Public Service Commission; Adv Lwasi Phumelela Kubukeli and Adv Puleng Matshelo.

She is a former national chairperson of the Society of State Advocates of South Africa and a member of the Black Lawyers Association.

Speaking to staff in Pretoria, Adv. Kholeka Gcaleka said: “The value I will add is that of ensuring that we execute the mandate of the Public Protector to realise the needs and aspirations of the people of South Africa.”

Trivial: Adv. Kholeka Gcaleka speaks six languages, namely , Afrikaans, English, Sotho, Tswana, Xhosa and Zulu.

Continue Reading
Advertisement

Most Popular Today