Lawyers in trouble as full Bench dismisses Rashid case

Transvaal Judge President Bernard Ngoepe, Judge Cynthia Pretorius and Acting Judge JLM Snijmann also dismissed an application to bring ‘new information’ before the court and another to postpone the case pending an application for the recusal of the full Bench, notes a report on the IoL site. Lawyer Zehir Omar\'s reasons for a postponement were frivolous, reckless, and bordered on contempt of court, found Ngoepe. Omar informed the court of his instructions to apply for a postponement just minutes before judgment was to be delivered. The judges found Omar, fellow attorney Yasmin Naidoo and businessman Ismail Jeebhai, who brought the main application, guilty of contempt of a previous court order. Jeebhai was cautioned, but Omar and Naidoo were each fined R2000 or six months\' imprisonment, suspended for three years. The judgment would be brought to the attention of the Northern Provinces Law Society. Full report on IoL site

The Department of Home Affairs officials was given the benefit of the doubt, with the judges ruling that although its officials may have acted ‘suspiciously’ when they deported Rashid, there was no sufficient proof that they knew he was wanted for questioning in connection with alleged acts of terror when he was handed to Pakistani authorities. The judges said there was no reason to question evidence by senior department officials that Rashid was arrested because he was an illegal immigrant, notes a report on the Mail & Guardian Online site. Rashid had admitted that he entered the country without a visa and bought a fake work permit, and had told authorities he did not want to appeal the decision to deport him. Full Mail & Guardian Online report