Question posted in the Criminal Law category relating to Limpopo
(case no 77/04/2020) Lenyenye Court.
I would like to know regarding a criminal matter that is in the district court of Lenyenye, Limpopo District. The matters involved are the illegal release of cheetahs onto a reserve with the necessary permits and whilst the animal facility is under TB quarantine.
I reported the matter to the relevant authorities and the cheetah trade in SA was also featured on Carte Blanche during May 20. The case has not gone to trial as yet, the follow up court appearance is on the 12th August and possibly will be postponed and transfered to High Court due to the seriousness of the
I would like to know when we get called upon to be a state witness to the trial, can they hold the NDA against us, so that we cannot reveal damning information.
We gave the SAPS Hoedspruit documented information prior to us been dismissed on the 14th April 20.
We have not as yet been called upon to appear in court as witnesses to the two cases.
Trust you can shed some light on the matter.
My wife and myself was summarily dismissed immediately on the 14th April 20. We took the matter to the CCMA and subsequently we settled out of the CCMA, but had to sign a Non-Disclosure Agreement prior to receiving our settlement.
Answer to the Question
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
The State Prosecutor can force you to testify in court if he calls you as a witness. The fact that you've signed a NDA, is a private arrangement that you have with the other party, can you can't rely on that (and the other party can't rely on that) to stop you from giving testimony in a criminal case.
You will only need to appear in court on the date of the trial, not for postponements. So, the best thing is to contact the State Prosecutor and find out from him if the trial is proceeding on 12 August, or if it is going to be postponed. If it is proceeding, you will need to arrange a date that you will testify.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
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