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Injustice in South Africa
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Pat A. Wertheim



Joined: 23 Apr 2007
Posts: 73


Location: USA

PostPosted: Tue May 05, 2009 11:20 pm    Post subject: Reply with quote

I recently caught part of a legal brief on the internet to the effect that the parents of Inge Lotz have filed a complaint with the South African Human Rights Commission (HRC). The complaint is that their right to privacy was violated by the television show Carte Blanche in showing photographs of the murder scene which included the body of their daughter. Not only did the television show include that photograph without permission, but without even notifying them, so that they saw the photo for the first time with thousands of other viewers. The pain to the Lotz family is compounded by the fact that the program continues to be featured in repeat broadcasts of that episode. My heart goes out to the Lotzes. Friends in South Africa with whom I have been communicating are in doubt that the HRC is the right place to lodge such a complaint, but we shall see.

Meanwhile, I have been advised of a rumor that the official spokesperson for the Lotz family, one Ms. Dani Cohen, has been fired from that position. To put it mildly, some of the press releases and statements issued by Ms. Cohen were not accurate in their portrayal of the case. Perhaps her inflammatory rhetoric was finally recognized for what it was. She could have helped diffuse a tragic situation, but only stirred things up for the worse. One has to wonder if the HRC complaint was the last act of a desperate woman.

With Ms. Cohen out of the employ of the Lotz family, one has to then begin questioning whether the civil action the Lotzes filed against Fred van der Vyver should go ahead. With all the "evidence" against Fred proven to have been fabricated, there ought to be no further grounds for the suit.

My hope is that with a new government now in place and with Ms. Cohen out of the picture, cooler heads will prevail and we may now see some progress in the case. Inge's parents deserve to know the truth. Fred and his family deserve relief from the continued lies told about them. And most of all, Inge deserves some justice, no matter how delayed, for her murder. She seems to have been forgotten in this mess.



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Louis van der Vyver



Joined: 26 May 2007
Posts: 5


Location: South Africa

PostPosted: Sat May 23, 2009 12:26 pm    Post subject: Reply with quote

Dear all

Below you will see the final settlement of the action instigated by Prof. and Mrs Lotz against Fred. This implies that Fred is finally totally exonerated. He was acquitted on the criminal charges on 29 November 2007 and this brings any possible further action against him to an end.

This does not affect his civil claim against the State in any case and indications are that that case will commence by August/September 2010.

I would like to extend our most sincere appreciation and thanks to each and everyone who has supported Fred during this saga over the last four years.

Best regards

Louis van der Vyver

SETTLEMENT AGREEMENT

The parties in the action of Professor and Mrs Lotz against Mr Van der Vyver in CASE NUMBER 4704/2008 agree as follows:
1. The action instigated under case number 4704/2008, as well as the application to combine the actions under the same case number, is withdrawn by both claimants.
2. Professor and Mrs Lotz tender Mr Van der Vyver’s party-and-party costs, including the cost of two council.
3. The parties agree not to instigate any further actions against each other rising from this action or any matter relating to it.
4. Professor and Mrs Lotz distance themselves from the allegations published in the press vis-a-vis Mr Van der Vyver.
5. The parties agree that, except for this agreement, neither party will, whether personally or through an agent, issue any further media comment about the action instigated by Professor and Mrs Lotz against Mr Van der Vyver.
6. Any of the parties may with seven (7) days’ notice to the other party, apply to the High Court to make this agreement an order of the court.
7. This agreement, without any further comment, will be issued jointly to the media by both parties.
8. This settlement is a full and final settlement between the parties.
Signed in Cape Town on 22 May 2009:
Mrs. Lotz
Professor Lotz
Mr F. B. Van der Vyver
(Translated from the original Afrikaans document)
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sun May 24, 2009 10:23 pm    Post subject: Reply with quote

Louis

This is not before time.

Please pass on my best regards to Fred.

I hope he can now put this whole sorry saga behind him and move on.

Will the SAPS now look for the real culprits though ? or will they just do what is normally done here : Release a ststement saying they are not looking for anyone else.

This usually implies they still think they had the right person.


Sincere & Best Wishes To Fred

Wullie
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Pat A. Wertheim



Joined: 23 Apr 2007
Posts: 73


Location: USA

PostPosted: Mon May 25, 2009 3:23 pm    Post subject: Reply with quote

In today's news: http://www.dispatch.co.za/article.aspx?id=317793

Quote:
May 25 2009 8:27AM  

EL couple’s R8m nightmare over

2009/05/25

OLD Mutual actuary Fred van der Vyver – acquitted of the murder of his girlfriend, Stellenbosch University student Inge Lotz – plans to continue with a R46million claim against the Minister of Safety and Security for wrongful arrest.

Yesterday, it was announced that Lotz’s parents, prominent medical professor Jan Lotz and his wife Juanita, have abandoned their R8m lawsuit against Van der Vyver “for causing their daughter’s death”.

Reminiscent of the civil prosecution of the former US football player OJ Simpson, who was found not guilty of the murder of his ex-wife Nicole Brown and her friend Ron Goldman in the 1990s, the Lotz couple wanted to establish Van der Vyver’ s guilt on a “balance of probabilities”, rather than “beyond reasonable doubt” as with a criminal case .

The counter claim, which Van der Vyver instituted last year against the Lotz couple, has also been dropped.

However, yesterday, East London tomato farmer Louis van der Vyver, Fred’s father, said the settlement of the lawsuit between the Lotz couple and his son did not affect the claim against the State for wrongful arrest.

“We anticipate that case to go to trial in August next year,” said Van der Vyver senior.

This is the latest development in a string of civil actions following Fred van der Vyver’s acquittal on charges of beating his girlfriend to death.

His acquittal prompted the Lotz couple to institute the civil suit against Van der Vyver. They claimed to have had new evidence.

However, in later correspondence, the Lotzes informed Van der Vyver through their lawyers that such material evidence did not, in fact, exist.

The statements about new evidence were later claimed by Brian Lowe, of Lowe & Petersen attorneys in Cape Town, on behalf of Van der Vyver, to be a facet of “a campaign which has been waged in the press” against his client.

Lowe said most of the statements had been made by the Lotzes’ spokesperson, Dani Cohen.

At that stage, Lowe reserved Van der Vyver’s rights against his late girlfriend’s parents and Cohen “in regard to the above defamatory statements and the damage that Mr Van der Vyver is suffering”.

In yesterday’s statement, issued by Van der Vyver and advocate Dup du Bruyn, SC, the Lotz couple agreed to pay Van der Vyver’s costs, including that of two advocates.

The statement also said that the Lotz couple distanced themselves from any allegations made against Van der Vyver in the media.

Both parties agreed not to make any further statements to the press. - By EDDIE BOTHA, Investigations Editor


This development in the murder of Inge Lotz would seem to imply that her parents, Prof. & Mrs. Lotz, now accept that Fred van der Vyver did not kill their daughter or play any part in her death. It would seem logical to believe there may be new evidence in the case. Fred's father, Louis, posted the text of the settlement agreement two days ago. That agreement mentions at least three times that neither the Lotzes nor the Van der Vyvers will comment further on the case, which leaves us wondering what new evidence may have been developed. I believe there must still be ongoing investigations, both private and public, into Inge's murder. Perhaps with this complicating lawsuit by the Lotzes against Fred out of the way, the various parties can get together now and work toward the common goal of solving Inge's murder and instilling some degree of justice, albeit delayed, into the case. Inge deserves it, the Lotzes deserve it, and the Van der Vyvers deserve it.
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Iain McKie



Joined: 08 May 2007
Posts: 262


Location: Ayr, Scotland.

PostPosted: Tue May 26, 2009 9:14 am    Post subject: Reply with quote

Here, here Pat,

The Lotzs’ and the Van der Vyvers’ have suffered enough as they became caught up in vested interests who appeared to care little for Inge or Fred.

Here was a tragedy on a classic scale played out in a less than objective media. Two families wanting the truth. The government and police determined to cover it up.

We can only hope that the ongoing civil action brings closure for everyone concerned so that healing can start.

Vested interests are indeed behind so many miscarriages. Individuals or organisations pursuing their own narrow self interest instead of the needs of those who have suffered.

Thanks to people like yourself, who are willing to stand up to be counted,  the innocent are safer and the guilty more vulnerable. While the system might not place any great value on such principles you can be assured that myself and Shirley and undoubtedly Fred and his family do.

Best wishes,

Iain


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