State Buckles Under Pressure in the Urgent Court

The last bit of 2022 brought great vindication for our client, a multinational client specialising in mining, agriculture and industrial.

BDK Director, Ulrich Kruger, alongside Nadine Meintjes (Candidate Attorney) and Advocate Abré Loubser, ensured the protection of our client’s rights, against the unlawful arrest and prosecution of one of its employees, as well as the seizure of platinum.

Despite providing the South African Police Service with the necessary licenses and permits, which allow employees to possess the platinum, the Investigating Officer blatantly refused to accept the documents, stating that such a defence should be proffered in Court.

On 29 December 2022, the prosecution against two accused were abandoned by the State, but they persisted with the prosecution of the driver of the truck in question. The Court granted a postponement until 5 January 2023.

BDK Attorneys approached the Pretoria High Court on an extremely urgent basis to declare the arrest, prosecution, and seizure of the platinum unlawful, as well as the immediate release of the truck driver from Kgosi Mampuru II Correctional Facility and the immediate release of the platinum back into the possession of Anglo American.

Once served with the papers, the Director of Public Prosecutions, Pretoria informed BDK Attorneys that it shall abide by any order of the Court and refuses to prosecute the truck driver, it shall order the release of the truck driver and have the platinum released to our client forthwith.

The Pretoria High Court swiftly granted the Order as sought by BDK Attorneys, after which his release was speedily facilitated by BDK, to ensure that he is home in time for New Year’s Eve.

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No matter the odds, BDK will always persist in the protection of our client’s rights and interests.

Contact us to see how we can assist you with your legal needs.

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