Old Mutual Board Manuel In Breach Of SA Constitutionâ€™

Old Mutual Board, Manuel In Breach Of SA Constitution

By Staff Reporter
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39343
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August 28, 2019

Embattled former Old Mutual CEO Peter Moyo has lodged an urgent application for the board of Old Mutual and its chairperson Trevor Manuel to be declared as having deliberately interfered with the functioning of the courts.

In a new affidavit, the on-again, off-again Old Mutual head stated that his second axing by the financial services giant on August 22 was “deliberately calculated to undermine the efficacy of the judgment of this court”.

In an open letter published on its website last week, Old Mutual said it took the step to terminate Mr Moyo’s tenure as CEO for a second time “after legal advice and on careful reflection by directors, with proper regard to their fiduciary duties to the company”.

Mr Moyo is currently challenging in court his first firing in June. Judgment in that case is expected at the end of August.

Old Mutual said last week that Mr Moyo may decide to challenge his second notice of termination in court. The group said it would once again defend its position if he did so. “We will stand our ground if he does, naturally, and at all times continuing to respect the law and our court system,” a statement from the group read.

The former Old Mutual CEO challenged his initial dismissal in court in late July, arguing he was being victimized for bringing up what he said was a conflict of interest for Mr Manuel. Mr Manuel has denied this.

On July 30, Judge Brian Mashile found that his dismissal was unlawful and ordered Old Mutual to reinstate him on a temporary basis. However, he was barred from work the day after his court victory, after South Africa’s second-largest insurer filed a notice to appeal against the judgment.

Complex tussle

Mr Moyo, in his affidavit filed on Monday, states that his latest application is a continuation of his previous bid to have Old Mutual declared in contempt of court for failing to reinstate him. Arguments in this case were heard on August 16 and judgement reserved until the end of the month.

He is now asking the court to hold off on that ruling until arguments in his latest application are heard on Tuesday September 3.

“(The)act of interference is exacerbated and aggravated by the fact that there is a pending judgement. To anticipate the judgement and act recklessly and precipitously as Old Mutual has done, is a grave act of interference with the functioning of the court,” Mr Moyo’s legal document reads.

On August 22 a law firm representing Old Mutual sent a letter to Mr Moyo’s legal team denying the company was in contempt of court by firing him for the second time.

Personal costs

Mr Moyo cited Section 165 of the Constitution in his new court papers which vests judicial authority in the courts. He states that Manuel and 13 non-executive directors at Old Mutual should be declared in breach for “interference with the functioning of the court”.

“It is imperative upon this court to restore its dignity and authority … and ensure appropriate censure,” his affidavit reads.

He also wants Mr Manuel and the non-executive directors to pay the costs of this application personally “as this conduct does not promote the interests of stakeholders . . . and in fact harms them”.

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Workers’ Compensation Lawyer: What Injured Employees Need to Know

A workplace injury can create financial stress quickly. Medical bills, missed work, physical pain, and uncertainty about job security can make the situation overwhelming. Workers’ compensation is designed to help employees who are injured on the job, but claims do not always go smoothly.

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Workers’ compensation may cover medical treatment, partial wage replacement, rehabilitation, and disability benefits, depending on the injury and state law. In many cases, employees do not have to prove the employer was negligent. However, they usually must show that the injury happened in the course of employment.

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The first step after a workplace injury is to report it as soon as possible. Many states have strict deadlines for notifying an employer. Waiting too long can make a claim more difficult.

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Medical documentation is also important. Injured workers should seek appropriate medical care and follow treatment instructions. Keep copies of medical records, work restrictions, prescriptions, and appointment notes.

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A workers’ compensation lawyer may be helpful if the claim is denied, benefits are delayed, the employer disputes that the injury happened at work, or the worker is pressured to return before they are medically ready. Legal help may also be useful if the injury causes permanent disability or requires long-term treatment.

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Some employees worry about retaliation. Employers generally cannot legally punish an employee for filing a valid workers’ compensation claim, but rules vary by state. If an employee believes they are being treated unfairly because of a claim, they should document what happened and speak with a qualified professional.

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Workers’ compensation settlements can be complicated. A settlement may close part or all of a claim, including future medical benefits. Before accepting any settlement, injured workers should understand what rights they may be giving up.

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Every state has different workers’ compensation laws, forms, deadlines, and benefit calculations. That is why general online information is not a substitute for legal advice.

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If you are injured at work, report the injury, get medical care, document everything, and ask questions early. A workers’ compensation lawyer can help explain the process and protect your interests if the claim becomes disputed.

DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

DUI defense lawyer, DUI defenses, drunk driving defense, DUI attorney, beat DUI charge, DUI case defense, DUI evidence

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.