Judgments 1999


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(*) Case Correction

  Citation & Summary
National Director of Public Prosecutions of South Africa v Carolus and others 162/99
Prevention of Organised Crim
01 Dec
Cooper and another v Merchant Trade Finance Ltd 474/97
Liquidation of close corporation - handing over of movables by a debtor to a creditor one day before the filing of an application to liquidate a close corporation in fulfilment of an obligation in terms of a notarial general mortgage bond - intention to prefer one creditor above others and ordinary course of business..
01 Dec
Greater Johannesburg Transitional Metropolitan Council v Eskom 536/97
Meaning of 'the state' in s 24 of the Eskom Act 40 of 1987 -- whether Eskom exempted from paying regional establishment levies
30 Nov
ABSA Bank Limited v Davidson 389/97
Suretyship - estoppel - prejudicial conduct by debtor
30 Nov

Luvuyo Lungile and Siyanda Mtulu v The State 493/98
Murder - defences : compulsion; absence of common purpose; absence of dolus ; dissociation; refusal to order separation of trials; lawfulness of death of the deceased in cross-fire between accused and police

30 Nov

P G Bison Ltd and others v Master of the High Court, Grahamstown and another 515/97
Cession in securitatem debiti - whether transfer of rights to cessionaries had been suspended - meaning of "to implement"
29 Nov
Bateman Equipment Ltd and another v Wren Group (Pty) Ltd 480/97
Patent amendment in terms of s 51(9) of the Patents Act 57 of 1978
29 Nov

The State v Cyril Salzwedel and Others 273/98
No Summary

29 Nov


Bennett Madala Mkhatswa v Minister of Defence 413/97
Delict - vicarious liability - negligence not established on the facts for alleged omissions by those in control of military base or acts of sentries on duty - for a fuller summary see para 39

29 Nov


Board Of Executors LTD v Neil Mccafferty 442/97
Labour - Employer - Who Is

29 Nov


South African Clothing Industries (Pty) Ltd t/a Prestige Lingerie v Director, Department of Trade and Industry and another 491/97
Trade and Industry - Export Incentives Scheme - participating exporters not entitled to select claim period with each claim submitted

26 Nov

S v Kearns 539/98
Theft -- money of employer -- appropriateness of sentence of corrective supervision

26 Nov

Molefe Pius Morebudi v The State 547/98
Drug offences - Dagga - dealing in, in contravention of s 5(b) of Drugs and Drug Trafficking Act 140 of 1992 - Sentence – second offender convicted of dealing in 1433 kg of dagga - court having regard to previous conviction 20 years old - sentence of 14 years' imprisonment confirmed on appeal

26 Nov


Sea Harvest Corporation (Pty) Ltd and others v Duncan Dock Cold Storage (Pty) Ltd and others 012/97
Delict - determining the issue of culpa before the issue of wrongfulness -foreseeability in relation to culpa - no formula when applied strictly can be appropriate in every case - need for measure of flexibility

26 Nov


South african clothing industries (Pty) Ltd t/a Prestige Lingerie v The Director, Department Of Trade And Industry and others 491/97
Trade and Industry - Export Incentives Scheme - Participating exporters not entitled to select claim period with each claim submitted.

26 Nov


Ephraim Phallo v The State 354/98
Criminal law - accessory after the fact - proof of liability as - application of rule in R v Gani and Others 1957 (2) SA 212 (A) - sentence - attitude of court where crime committed by members of police force

19 Nov


Amyna Shahnaaz Fakude and others v The State 645/98
Sentence: Unjustified disparity as between co-accused

19 Nov


A A Alloy Foundry (Pty) Ltd v Titaco Projects (Pty) Ltd 309/97
Damages due to breach of contract - loss of management time - collateral benefits. Attorney and client costs

12 Nov

Fivaz v ABSA Bank Beperk 077/97
No Summary

10 Nov

Benicon Group v National Union of Metal Workers of South Africa and others 622/97
Labour law - unfair dismissal - reinstatement

01 Oct

South African Rugby Football Union v Commissioner for the South African Revenue Services 090/98
Value-added tax - zero rating - Rugby World Cup tickets sold overseas

01 Oct

Amod (born Peer) v Multilateral Motor Vehicle 444/98
Dependant's action - widow and deceased husband married in terms of Islamic law - de facto monogamous marriage - right of spouse to support in such a union worthy of public recognition and protection by the law - Multilateral Motor Vehicle

29 Sep

Andile Mdletye v The State 246/98
Criminal appeal - alleged incest

29 Sep


Hlantlalala and others v Dyantyi NO and another 411/98
Criminal Procedure - trial - the accused - legal representation of - accused unrepresented - entitlement to be informed of right to apply for legal aid

28 Sep

Tesven CC and Margaret Muriel Gaganakis v South African Bank Of Athens 312/97 & 523/9
Contract - Rectification - Common error as to effect of words used in document. Civil Procedure - Summary judgment - Court's discretion to refuse where opposing affidavit does not strictly comply with Rule 32 (3).

28 Sep


Millsell Chrome Mines (PTY) Limited v T he Minister of Land Affairs of the Republic of South Africa (In his capacity as Trustee of the Bafokeng Tribe) and others 458/97
Mineral Lease - whether option duly exercised

28 Sep


Highveld 7 Properties (Pty) Ltd and others v Bailes 319/98
Repudiation - invalid amendment of contract - mistaken insistence that amended contract valid and binding

27 Sep

Stopforth v The Minister of Justice and others 317/97& 316/ 97
Jurisdiction of Amnesty Committee to grant amnesty for offences committed by South African citizens outside the Republic; extradition

27 Sep


De Vos v Cooper & Ferreira 448/97
Appelleerbaarheid van 'n landdroshofbevel vir die tersydestelling van 'n vonnis by verstek; reël 49 van die Landdroshowereëls

23 Sep

S v Buthelezi and others 039/97
No Summary

21 Sep

Vaal Reefs Exploration and Mining Company v Burger 264/97
Section 15 of the Matrimonial Property Act 88 of 1984

21 Sep

Liberty Life Association of Africa Limited Appellant V P J de Waal en ander 422/97
Art 63(3) van die Versekeringswet 27 van 1943

21 Sep


Vaal Reefs Exploration and Mining Company Limited v Brenda Benjamin Burger 264/97
Art 15 van die Wet op Huweliksgoedere 88 van 1984

21 Sep


Commissioner for Inland Revenue v Conhage (Pty) Ltd (formerly Tycon (Pty) Ltd) 606/97
Income Tax - tax avoidance- agreements of sale and leaseback agreements not shown to be simulated transactions - s 103 of Act 58 of 1962 not applicable

17 Sep

Stephan Mudupe Kgosimore v The State 635/98
Sentence - appeal by state - power of court of appeal to interfere the same as in the case of an appeal by the accused

16 Sep


NBS Boland Bank and One Berg River Drive and Others v Standard Bank of South Africa Ltd 291/98 & 428/98 & 085/99
A mortgagee's power to increase the rate of interest

10 Sep


Ticktin Timbers CC v The Commissioner For Inland Revenue 443/97
Income tax - sec 11(a) and 23(g) of Income Tax Act 58 of 1962 - close corporation - distribution of profits to sole owner - amount distributed simultaneously lent by owner to corporation - whether interest on loan paid to owner by corporation deductible

10 Sep


Robert Thornton Smith v Kwanonqubela Town Council 399/97
Civil procedure - lack of locus standi - ratification - leave to appeal and balance of convenience

10 Sep


Abram Paulus Venter v Die Staat 381/97
Voorbehoue regsvraag in terme van art 319 van Strafproseswet - betekening van stukke op pro deo advokaat na beskuldigde se ontslag kan nie as betekening op hom beskou word nie - die vraag moet 'n regsvraag wees en nie 'n verskuilde feitevraag nie - Magmoed v Janse van Rensburg and Others 1993(1) SA 777 (A) toegepas - roof gepleeg slegs wanneer daar 'n verbintenis bestaan tussen elemente van diefstal en geweldpleging.

08 Sep


Commissioner for Customs and Excise and another v Kemtek Imaging Systems Ltd 001/98
Customs and Excise - tariff headings 37.01 and 37.02 in schedule 1 - classification of lithographic plate in rolls

06 Sep

Roberts v Additional Magistrate for the District of Johannesburg, Mr Van Den Berg and another 548/97
Recusal - appearance of bias - amplification of test - judicial Officer's conduct after conviction vitiating whole trial

03 Sep

T EK Corporation Provident Fund and 10 Others v Roy Spencer Lorentz 490/97
Pension scheme - surplus in fund - entitlement thereto - competing claims by employer and employees - “contribution holiday” - when permissible - effect of registrar's approval in terms of sec 14 (1) of Pension Funds Act 24 of 1956 considered.

03 Sep


Boy Titi Ndweni and others v The State 390/94 & 376/94 & 639/98
No Summary

31 Aug



Speaker of The National Assembly v De Lille MP and another 297/98
Member of Parliament (MP) made a number of unsubstantiated allegations against other named members in the National Assembly. On being reprimanded by the Speaker, she unconditionally withdrew her remarks. Despite this, the Assembly sought to punish her by excluding her from its deliberations for 15 days. The Constitution does not grant the Assembly authority to suspend the MP in these circumstances for that period

26 Aug

Hoosen NO and others v Deedat and others 336/97
Religious Trust - purported delegation of Trustee's powers and duties - legally impermissible on proper interpretation of Trust Deed

16 Jul

Commissioner of Customs and Excise v Container Logistics (Pty) Ltd 196/96
Constitutional law: Jurisdiction of the Supreme Court of Appeal in terms of Item 17 of Schedule 6 to Act 108 of 1996; Interim Constitution Act 200 of 1993 - whether common law grounds for judicial review of administrative actions still exist. Customs and Excise: Commissioner's decision under s 99(2)(a)(iii) of Act 91 of 1964 - reasonable steps

28 May

Sandile Gqabi v The State 459/97
No Summary

18 May


Kaplan and Katz NNO and another v Proffesional and Executive Retirement Fund and another 292/97
Pension Fund - Beneficiary Nomination - Subject to s 37C(1) of the Pension Funds Act 24 of 1956

14 May

Bursey v Bursey and another Bursey/99
Divorce - maintenance for child until self-supporting - effect of order

30 Mar

Santam Beperk v Margarita Anne Henery Santam/99
Aksie van afhanklikes - geskeide vrou met 'n bevel tot onderhoud in haar guns - gewese man gedood - aksie in beginsel erken.

30 Mar


Badenhorst and others v Surveyor-General, Cape Town 147/97
No Summary

29 Mar

Ngcobo and others v Salimba CC 631/97
Labour tenant - eviction - interpretation of definition of labour tenant in the Land Reform (Labour Tenants) Act, 3 of 1996

26 Mar

Davey (Pty) Ltd v National Union of Metalworkers of South Africa 234/96
Unfair labour practice - dismissal of striking employees after ultimatum - employer failing to take into account new facts arising after ultimatum - dismissals unfair

26 Mar

Die Prokureur-Generaal van die Vrystaat v Johannes Ramakhosi 520/96
Bail - appeal by attorney-general against order of Supreme Court releasing respondent on bail not a "civil appeal" - Section 21A of Supreme Court Act 1959 not applicable - delay of over three years since respondent's release on bail - appeal dismissed on the grounds that it would have no practical effect or result

26 Mar


Nampak Products Limited and H L & H Timber Products (Pty) Limited v Man-Dirk (Pty) Limited 162/97
Patent infringement - Construction of claims – Purposive construction - Caution in regard to the adoption of the test in Catnic v Hill.

26 Mar


Lyndall Beddy NO v Van der Westhuizen 323/97
Insolvency - claim by solvent spouse for return of asset deemed to fall into insolvent spouse's estate by s 21 of Insolvency Act - under common law collusive donation between spouses cannot found a "title valid as against creditors" under s 21 (2) (c) - question not whether transaction a donation but whether a collusive donation - simulation to be ignored - on facts collusion found

24 Mar

S v Moosajee 029/98
Direct appeals to SCA in terms of s 21(1) read with s 22 of Supreme Court Act

23 Mar

Intercontinental Exports (Pty) Ltd v Fowles 085/98
Suretyship - formal validity - rectification - costs

23 Mar

Padongelukfonds (voorheen Multilaterale motorvoertuigongelukkefonds) v B P Prinsloo 299/98
Regulasie 3(1)(a)(v) uitgevaardig ingevolge die Multilaterale Motorvoertuigongelukkefondswet 93 van 1989 is ultra vires

23 Mar


Hoban v ABSA Bank Ltd t/a United Bank and others 275/97
Execution - Immovable Property - "Days" in Rule 46 (7) (c).

19 Mar

The Director : Mineral Development, Gauteng Region and others v Save The Vaal Environment a nd others 133/98
Environmental rights - audi alteram partem - sec 9 of the Minerals Act, 50 of 1991 - Sec 30 (1) of the Companies Act, 61 of 1973

12 Mar


S v Abbot 026/97
Criminal procedure -- admissibility of admissions

08 Mar

Brummer v Gorfil Brothers Investments (Pty) Ltd and others 138/97
Sale in execution -- Sale in execution of right, title and interest in action for purposes of ending litigation rather than realising judgment debt

05 Mar
Michael Felthun v The State 458/96
Criminal Procedure - Special entry - Re-opening of State case
03 Mar
Guardian national insurance Company limited v Matthew Stephen Charles Searle 195/97
Appealability - Rulings during trial
01 Mar