SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2003

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(*) Case Correction

  Citation & Summary
Delivered
123
Allie v Foodworld Stores Distribution Centre (Pty) Ltd and others 353/02
Defamation and iniuria - whether established on the evidence -defence of truth and public benefit - powers of Court of Appeal to reverse credibility findings.
02 Dec
122
Chevron Engineering (Pty) Ltd v Nkambule and others 068/02_2
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months.
02 Dec
121
Pennello v Pennello and another 238/03
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months.
01 Dec
120
Visser v S 361/03
Maintenance – deliberate failure to comply with maintenance order – partially suspended sentence of periodical imprisonment appropriate on facts of case.
01 Dec
119
Kevin & Lasia Property Investments CC and another v Roos NO and others 480/02
Withdrawal of admission – Applicability of s 34(1) of the Insolvency Act 24 of 1936.
01 Dec
118
Minister Of Home Affairs and others v Watchenuka and another 010/03
Applicants for asylum – right to undertake employment and to study.
28 Nov
117
Jordaan v Bloemfontein Transitional Local Authority and another 248/02
Civil procedure – whether magistrate's finding that defendants were liable for plaintiff's damages appealable when first defendant concedes by letter and in counsel's heads that plaintiff's allegations re quantum correct – ...
28 Nov
116
Minister Of Environmental Affairs And Tourism and others v Atlantic Fishing Enterprises (Pty) Ltd and others 259/03
Section 80(3) of the Marine Living Resources Act 18 of 1998 – 'person with an interest' – whether a successful applicant in terms of s 18(1) is such a person.
28 Nov
115
Nieuwoudt NO and another v Vrystaat Mielies (Edms) Beperk 325/02
Trusts and trustees – whether Turquand rule applicable.
28 Nov
114
Pillay and others v S 409/02
Appeals in respect of accused 10 and 14 – admissibility of derivative evidence unconstitutionally abstained. As to accused 14 – court of appeal precluded from substituting verdict of guilty on count ....
28 Nov
113
Mpedi and others v Swanevelder and another 421/02
Extension of Security of Tenure Act 62 of 1997 – termination of right of residence – procedure for eviction order.
28 Nov
112
Rashavha v Van Rensburg 439/02
Condonation for late filing of appeal refused: application of sections 8(4) and 10(3) of the Extension of Security of Tenure Act 62 of 1997.
28 Nov
111
Blaauwberg Meat Wholesalers CC v Anglo Dutch Meats (Exports) Limited 442/02
Prescription – s 15(1) of Prescription Act 1969 – whether prescription interrupted by service of summons in which the creditor is wrongly described but which is rectified after prescriptive period.
28 Nov
110
De Villiers NO and another v BoE Bank Limited 477/02_2
Application to alter costs order after judgment ─ principles discussed and applied.
28 Nov
109
Packereysammy v S 048/03
Sentence – first offender – found in possession of 6157 abalone – sentenced to 18 months' imprisonment – whether there was a proper exercise of judicial discretion.
28 Nov
108
Consol Limited t/a Consol Glass v Twee Jonge Gezellen (Pty) Ltd and another 483/02
Contract – interpretation of – whether provision imposes contractual obligation – whether compliance with the obligation is a precondition for reliance on indemnities – whether tacit term established
28 Nov
107
HNR Properties CC and another v Standard Bank Of SA Ltd 485/02
Suretyship agreement requiring release by creditor to be in writing – meaning of requirement. Release by waiver or estoppel constituting a release other than in writing and therefore ineffective.
28 Nov
106
Weltevrede Nursery (Pty) Ltd v Keith Kirsten's (Pty) Ltd and another 515/02
Plant Breeders’ Rights Act 15 of 1976 – description of variety – holder and applicant – breeder – novelty.
28 Nov
105
Phillips v Fieldstone Africa (Pty) Ltd and another 516/02
Employment – fiduciary relationship – pleading – when such relationship arises – breach – what constitutes.
28 Nov
104
Mabaso v Law Society Of The Northern Provinces 559/02
Effect of an objection i.t.o. s 20(3) of the Attorneys Act 59 of 1979 to an application for enrolment as attorney i.t.o. s 20(1).
28 Nov
103
Road Accident Fund v Thugwana 575/02
Regulation 2(1)(c) contained in Government Gazette 17939 of 25 April 1997 and made in terms of s 26 of the Road Accident Fund Act 56 of 1996, interpreted, held to be peremptory and held not ultra vires.
28 Nov
102
S v Swart 654/02
Sentence – rape – gravity of offence to be given due weight
28 Nov
101
First Rand Bank Limited v Body Corporate Of Geovy Villa 671/02
Interaction between s 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 and s66(2) of the Magistrates' Courts Act 32 of 1944
28 Nov
100
Kwenamore v S 383/02
Cumulative effect of sentences imposed on young offender excessive; reduced from 22 to 7 years' imprisonment.
27 Nov
99
Heathfield v Maqelepo 430/02
Proper construction of written agreement to purchase immovable property – purchaser or surety.
27 Nov
98
Commissioner SA Revenue Service v Wyner 581/02
Profit on sale of immovable property – whether of capital or revenue nature – intention of purchaser at time of acquisition to make profit on resale
25 Nov
97
Ganes and another v Telecom Namibia Limited 608/02
Insolvency – authority to institute proceedings – striking out of new matter in replying affidavit.
25 Nov
96
Van Drimmelen & Partners v Gowar and others 519/02
Vicarious liability – employee intending to perform an act for his own personal convenience which might ultimately have a bearing on his employer's business does not per se render his employer liable for a delict committed.....
24 Nov
95
Shikwambane and another v S 190/03
Joint possession of a hand grenade – Whether there was a contravention of s32 (1)(c) of the Arms and Ammunition Act 75 of 1969.
21 Nov
94
Trinity Broadcasting, Ciskei v Independent Communications Authority Of SA 056/03
Judicial review – rationality test – community television licence conditions
21 Nov
93
Geue and another v Notling and another 625/02
Sale of portion of agricultural land without the consent of the Minister of Agriculture required by s 3(e)(i) of Act 70 of 1970 – agreement null and void despite suspensive condition rendering agreement subject to such consent being obtained
20 Nov
92
Armstrong v Sehadew Oree t/a Oree's Cartage & Plant Hire 315/02
Section 3(1) Act 50 of 1956 – mineral – whether ordinary sand a ‘mineral' within the meaning of section 3(1).
14 Nov
91
Minister of Safety and Security and another v Carmichele 533/02
Delict - liability of State for negligence of police and prosecutors for a failure to oppose bail - accused thereafter attempted to murder plaintiff.
14 Nov
90
South African Municipal Workers Union (Samwu) v City Of Cape Town and others 262/02
Establishment of municipal police service in terms of Chapter 12 of South African Police Service Act 68 of 1995 – whether s 78 of Local Government: Municipal Systems Act 32
30 Sep
89
Lloyds of London Underwriting Syndicates 969, 48, 1183 and 2183 v Skilya Property Investments (Pty) Ltd 316/02
Indemnity under contract of aviation insurance; whether exclusion of liability for illegal use incorporated in policy and, if so, whether aircraft used for an illegal purpose.
30 Sep
88
Road Accident Fund v Maphiri 391/02
Interpretation and application of s 36 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993.
30 Sep
87
Transnet Ltd t/a Metrorail and others v Rail Commuters Action Group and others 148/03
The meaning of the phrase ‘in the public interest' in ss 15(1) and 23(1) of the Legal Succession to the South African Transport Services Act 9 of 1989 discussed.
29 Sep
86
Lappeman Diamond Cutting Works (Pty) Ltd v MIB Group (Pty) Ltd and another 312/02
Extent of specialist insurance broker's duty to advise insured of implications of promissory warranty or obligation: when claim arose and whether prescribed.
29 Sep
85
De Villiers NO and another v BoE Bank Limited 477/02
Application to alter costs order after judgment - principles discussed and applied.
26 Sep
84
Bock and others v Duburoro Investments (Pty) Ltd 228/02
Suretyship – release of – parate executie – pactum commissorium – pledge of shares.
26 Sep
83
National Director Of Public Prosecutions v Kyriacou 308/02
Restraint order in terms of Prevention of Organised Crime act, 121 of 1998 – requirements for.
26 Sep
82
Rösemann v General Council Of The Bar Of South Africa 364/02
Advocate – professional misconduct – instruction by an attorney to do all the administrative and preparatory work normally done by an attorney should not be accepted by an advocate
26 Sep
81
Lutzkie NO and another v Zenith Concessions Ltd 386/02
Cheque – period of prescription.
26 Sep
80
Minister Of Safety And Security v Hamilton 457/02
Delict – police – legal duty to exercise reasonable care in considering, investigating & recommending application for firearm licence – liability for shooting by unfit person to whom firearm licence issued
26 Sep
79
Baartman and others v Port Elizabeth Municipality 464/02
Land – Land reform – eviction by organ of state – application of s 6(3) of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998.
26 Sep
78
Paola v Jeeva NO and others 475/02
Building plans – National Building Regulations and Building Standards Act 103 of 1977, ss 5, 6 and 7 – building control officer, non-appointment of
26 Sep
77
Amalgamated Beverage Industries Limited v Rond Vista Wholesalers 539/02
Contract of indefinite duration – whether terminable on reasonable notice a matter of construction – time of determining whether period of notice of termination reasonable a matter of construction
26 Sep
76
Minister Of Justice v Firstrand Bank Limited and others 534/02
Section 371 of the Companies Act does not apply to provisional liquidators.
25 Sep
75
Van Eck v S 636/02
Sentence – habitual criminal in terms of s 286(1) of Act 51 of 1977.
23 Sep
74
Minister Van Veiligheid En Sekuriteit en 'n ander v Geldenhuys 373/02
Deliktuele aanspreeklikheid van polisie op grond van aanranding – alternatiewelik, versuim om mediese hulp te ontbied – oorweging van wederregtelikheid, nalatigheid en oorsaaklikheid
22 Sep
73
Metro Projects Cc and another v Klerksdorp Local Municipality and others 602/02
Fairness in tender procedures mandated by Local Government Transition Act and Promotion of Administrative Justice Act – procedure unfair where wrong information on which to base award of tender given to mayoral committee
22 Sep
72
Avtjoglou v First National Bank Of Southern Africa 017/03
The grant of provisional sentence is not appealable.
19 Sep
71
Commercial Union Insurance Company Of SA Ltd v Wallace NO 249/02
Claims under policy of fire insurance – fraudulent claim – non-disclosure of material facts.
19 Sep
70
Thorpe and another v BOE Bank Limited and another 302/02
Bank – Banks Act 94 of 1990 – meaning of s 54(1) – agreement to transfer assets and liabilities – enforceability.
19 Sep
69
Van Wetten and another v Bosch and others 402/02
Section 2 (3) of the Wills Act 7 of 1953: intention of deceased to make a will.
19 Sep
68
Du Plessis v Road Accident Fund 443/02
Common law dependant's action extended to cover partner in a same-sex permanent life relationship similar in other respects to marriage where the deceased owed that partner a contractual duty of support
19 Sep
67
Mt 'Argun' v Master And Crew Of The Mt 'Argun' and others 653/02
Maritime law – admiralty – whether action in rem lapses when arrest by which it was instituted lapses – whether judgment given in action in rem after lapse of arrest can be executed against vessel under arrest in another action
19 Sep
66
Lloyds Of London (Certain Underwriters Of) v Harrison 024/03
Insurance policy – non-disclosure – vehicle imported unlawfully.
18 Sep
65
Law Society Of The Northern Provinces v Mamatho 435/02
Attorney – admitted in the TPD but practising in Venda – jurisdiction of the TPD to strike him off the roll of attorneys
16 Sep
64
Michau v Maize Board 280/02
Simulated contract – effect given to its true nature.
12 Sep
63
Uitenhage Transitional Local Council v South African Revenue Service 011/03
SCA Rules 8 and 12 – failure to lodge record timeously – condonation – factors affecting. Contract – interpretation – agreement to co-operate in pursuit of the claims of the respective parties – meaning.
05 Sep
62
Minister Of Environmental Affairs And Tourism v Du Toit and others 129/03
Marine Living Resources Act – applications for fishing rights – non-compliance with procedural requirements determined by General Notice under s 18(2) of the Act
05 Sep
61
Price and another v S 452/02
Prescribed minimum sentence – proceeds of stolen cheques laundered through attorneys' trust accounts – whether substantial and compelling circumstances prevent justifying imposition of lesser sentences than those prescribed.
05 Sep
60
Phillips and others v National Director Of Public Prosecutions 202/02
Restraint order under Prevention of Organised Crime Act 121 of 1998 – appealability of such order.
04 Sep
59
Road Accident Fund v Scholtz 111/02
Interpretation of articles 55, 56 and 57 of Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 - five-year prescription period in article 57 does not run against a minor.
03 Jun
58
S v Basson 404/02
Artikel 319 van Wet 51 van 1977 - 'n regsvraag ontstaan wanneer die feite waarop 'n verhoorhof sy uitspraak baseer 'n ander regsgevolg het as die regsgevolg wat die verhoorhof bevind het
03 Jun
57
Bezuidenhout v Road Accident Fund 355/02
Reg 2(1)(d) of the regulations promulgated in terms of s 26 of the Road Accident Fund Act 56 of 1996 held to be ultra vires.
02 Jun
56
American Natural Soda Corporation and another v Competition Commission of South Africa and others 577/02
Competition Act 89 of 1998 - appealability of decisions of Competition Appeal Court to Supreme Court of Appeal - necessity for leave to appeal.
02 Jun
55
Chevron Engineering (Pty) Ltd v Nkambule and others 068/02
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months.
02 Jun
54
Telkom SA Ltd and others v Blom and others 227/02
Pension benefits - transfer of employment contracts in terms of s 197 of Labour Relations Act, 66 of 1995 - whether employees entitled to payment of pension benefits on transfer
31 May
53
Kudu Granite Operations (Pty) Ltd v Caterna Ltd 100/02
Contract failing through no fault of parties - remedy - enrichment action - requirements - calculation of interest on claim.
30 May
52
Matshikwe, Magistrate-Stutterheim v Mashiya 102/02
Magistrates' Courts - Higher courts' supervision of manner of functioning - Order that magistrate hear argument at specified time and give judgment an hour later - No case made out for such order - Order in circumstances unjustified.
30 May
51
Burg Trailers SA (Pty) Ltd and another v ABSA Bank Ltd and others 145/02
Banker; payment of cheque by banker; provisional bank entries.
30 May
50
Pepcor Retirement Fund and another v Financial Services Board and another 198/02
Locus standi of a functionary, empowered by legislation to make a decision in the public interest, to have that decision reviewed in a court of law and set aside; whether of a material mistake of fact should be a ground of review of such a decision.
30 May
49
Shoprite Checkers (Pty) Ltd v Bumpers Schwarmas CC and others 231/02
The court below erred on the facts in granting rectification.
30 May
48
Warner Lambert SA (Pty) Ltd v Commissioner for the South African Revenue Service 277/02
Whether social responsibility expenditure which the appellant was by United States legislation obliged to incur in South Africa was expenditure laid out for the purposes of trade and, if so, whether it was of a capital or a revenue nature.
30 May
47
Rane Investment Trust v Commissioner for the South African Revenue Service 290/02
Film investment; deduction under erstwhile ss 11bis and 24F of Income Tax Act 58 of 1962; contractual arrangements interpreted in light of parties' conduct.
30 May
46
Stannic v Samib Underwriting Managers (Pty) Ltd 392/02
Claim by cessionary of rights under insurance policy where insurer not notified of cession; onus of proving knowledge; distinction between actual and deemed (constructive) knowledge.
30 May
45
Smith v S 401/02
Assault to do grievous bodily harm - sentence - incident videotaped - effect upon sentence.
30 May
44
Barnard v S 469/02
Sentence in terms of s 276(1)(i) for theft of money from employer.
30 May
43
Makeba and another v S 510/02
Corroboration of accomplice - confession of co-accused used as corroboration for accomplice's evidence
30 May
42
Kgafela v S 429/02
Life sentence - substantial and compelling circumstances - not for a trial court to grant leave in order that SCA may reconsider its earlier decision - in this instance S v Malgas - such circumstances absent - life imprisonment confirmed.
28 May
41
Nedcor Investment Bank v Pretoria Belgrave Hotel (Pty) Ltd 344/02
Effect of insolvency on executory contract where seller had performed in full and immovable property registered in company's name before liquidation.
27 May
40
Cape Group Construction (Pty) Ltd t/a Forbes Waterproofing v Government of the United Kingdom 099/02
Exemption clause - faxed quotation not including same - whether fax to be construed as including same nonetheless - whether 'ticket' cases apply - whether reasonable steps taken to bring to attention of recipient of fax
23 May
39
Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale 303/02
Artikel 36(6) van die Wet op Deeltitels 95 van 1986 - die regspersoon ('body corporate') het nie die bevoegdheid om as eiser op te tree vir die verhaal van skade aan individuele eiendom nie.
22 May
38
Schoeman v Constantia Insurance Co Ltd 001/02
Insurance - burglary - claim allegedly partly fraudulent - no express forfeiture clause in policy - no such term implied ex lege or tacitly incorporated - when overvaluation of loss amounts to fraud - whether fraud proved.
21 May
37
Memory Institute SA CC t/a SA Memory Institute v Hansen and others 253/02
Anton Piller orders; copyright: proof of; approach to ex parte applications.
16 May
36
Minister of Environmental Affairs and Tourism and others v Phambili Fisheries (Pty) Ltd and another 032/03
Marine Living Resources Act - allocation of hake quotas - review of Chief Director's decision - numerous grounds - eg non-compliance with transformation goal - absence of reasons
16 May
35
CGU Insurance Ltd v Rumdel Construction (Pty) Ltd 323/02
Amendment to pleadings - substitution of one contract for another - prescription - whether amended pleading introduces a prescribed debt.
16 May
34
Commissioner for the South African Revenue Service v Tiger Oats Ltd 108/02
Regional establishment levy - Regional Services Council Act 109 of 1985 - investment holding - liable to pay levy on divedends received.
15 May
33
Premier Of The Province of the Western Cape v Fair Cape Property Developers (Pty) Ltd 041/02
Action for damages against Minister where his decision to grant an application for removal of resatrictive conditions of title has been set aside on review. Particular conduct not actionable - neither wrongful nor negligent.
07 May
32
Colyn v Tiger Food Industries Ltd t/a Meadow Feed Mills Cape 127/02
Rescission of judgement - Rule 42(1)(a) - mistake by attorneys - order not erroneously granted - good cause not shown for rescission at common law.
31 Mar
31
Bekker v Naude en andere 179/01
Bekragtiging al dan nie van 'n ongetekende dokument as testament - art 2(3) van die Wet op Testamente 7 van 1953 - 'opstel' vereis 'n persoonlike handeling.
31 Mar
30
Jayiya v Member of the Executive Council for Welfare, Eastern Cape Provincial Government and another 264/02
Contempt of court - official of provincial government - order ad pecuniam solvendam - whether incarceration competent - constitutional relief - remedy given by Promotion of Administrative Justice Act.
31 Mar
29
S v Mafiri 360/02
Unlawful possession of a firearm and ammunition in contravention of ss 2 and 36 of Act 75 of 1969 - firearm and ammunition found under pillow on a bed in a bedroom at the appellant's house
31 Mar
28
Wimbledon Lodge (Pty) Ltd v Gore NO and others 039/02
Sectional titles - disparity between deeds of sale and registered sectional plan - common areas lost - fraud - voting - use of nay votes gained by fraud
31 Mar
27
S v Assante 446/02
Fraud - sentence - 24 years' imprisonment confirmed.
31 Mar
26
Singh v Commissioner SARS 500/01
VAT Act 89 of 1991: the Commissioner must give notice to the taxpayer where he has made an assessment in terms of s 30(1) before he can recover the assessed amount in terms of s 40(2).
31 Mar
25
Telkom SA Ltd v Xsinet (Pty) Ltd 092/02
Spoliation - mandament - not available where supply of telecommunication systems in terms of contract disconnected.
31 Mar
24
Wagener v Pharmacare Ltd; Cuttings v Pharmacare Ltd 032/02, 7001/00
Product liability: whether manufacturer strictly liable in delict for harm caused by defective manufacture.
28 Mar
23
South African Veterinary Council and another v Veterinary Defence Association 112/02
SA Veterinary Council - locus standi of Veterinary Defence Association to review disciplinary action against member - disciplinary inquiry - correct approach where respondent does not testify - when failure to cross-examine significant.
27 Mar
22
Mutual and Federal Insurance Ltd v Gouveia 132/02
Interpretation of an exception clause in a policy of insurance
27 Mar
21
Graf v Buechel 150/02
A pactum commissorium in a contract of pledge is unenforceable even if the pledgor is not the pledgee's debtor. The creditor may keep the thing pledged if the pledgor has at any time agreed that he may do so
27 Mar
20
Interlink Postal Courier SA (Pty) Ltd v South African Post Office Ltd 473/01
The interpretation of s 16 of the Postal Services Act, 124 of 1998 in relation to the provision of a 'courier service'.
27 Mar
19
Stadsraad Van Alberton v Briti BK 138/02
Wet op Minerale 50 van 1991 - uitgrawing - herwinning van mineraal - klei - betekenis van 'myn'.
26 Mar
18
A M Moolla Group Ltd and others v Commissioner for SARS 139/02
Trade agreement with Malawi: application of s 46 (and rule 46), Customs and Excise Duty Act 91 of 1964 to imports from Malawi.
26 Mar
17
Road Accident Fund v Marunga 144/02
Award of general damages in personal injury claim - references to past awards - interference by court of appeal - inadequate motivation by trial court and striking disparity between amount awarded by trial
26 Mar
16
S v Maputle and another 179/02
No indication should be given to a trial court that an accused has a previous conviction. Such an indication is nevertheless not an irregularity which per se vitiates the trial
26 Mar
15
S v Zulu 186/02
A provincial or local division cannot hear an appeal from the magistrate's court in a criminal matter in the absence of compliance with ss 309B and 309C of the Criminal Procedure Act, 51 of 1977, where those sections were applicable.
26 Mar
14
Rand Water Board v Rotek Industries (Pty) Ltd 199/02
Application of section 21A of the Supreme Court Act 59 of 1959 - growing misperception that there has been a relaxation of the fundamental principle that courts will not make determinations which will have no practical effect.
26 Mar
13
Director of Public Prosecutions Kwazulu-Natal v Mekka 057/02
Section 164 of Act 51 of 1977 - finding that witness did not understand the nature and import of the oath - inquiry preceding finding not always necessary- court bound by its earlier decision in S v B (1) SA 552 (SCA).
26 Mar
12
Richtersveld Community and others v Alexkor Ltd and another 488/01
Restitution of Land Rights Act 22 of 1994. Richtersveld community entitled to restitution of customary law interest in land.
24 Mar
11
Jans v Nedcor Bank Ltd 086/02
Interruption or delay in the running of prescription in favour of the principal debtor interrupts or delays the running of prescription in favour of a surety. Rand Bank Ltd v De Jager 1982(3) SA 418 (C) overruled.
24 Mar
10
Absa Bank Ltd v Greyvenstein 054/02
Tjek gemerk 'nie oordraagbaar nie' - oordrag van eiendomsreg deur nemer aan `n derde as gevolg van valse voorstelling - toestemming van nemer dat verbod op oordraagbaarheid geignoreer word
17 Mar
9
First National Bank of Southern Africa Ltd v Barclays Bank Plc and another 118/02
Trade Marks Act 62 of 1963 - application for registration of 'Premier' and 'Premier Package' - laudatory marks - reasonably required for use in the trade.
14 Mar
8
South African Veterinary Council and another v Szymanski 079/01
Legitimate expectation - minimum requirements for invoking - must be a representation - and reliance upon it must be reasonable - Motion court proceedings - dispute of fact - basic position restated.
14 Mar
7
Omnia Fertilizer Ltd v Commissioner for the South African Revenue Service 103/02
'Recouped' in s 8(4)(a) of Income Tax Act 58 A 1962 - meaning of - whether recoupment effected.
13 Mar
6
Sackstein NO v Proudfoot SA (Pty) Ltd 119/02
Liquidation of external company - powers of South African liquidator to impeach dispositions having their origin in a foreign country
07 Mar
5
Mateis v Plaaslike Munisipaliteit Ngwathe en andere 254/02
'n Munisipaliteit val nie onder die begrip 'Staat' in die Wet op Staatsaanspreeklikheid 20 van 1957 nie, en sy bates en eiendom is vatbaar vir beslaglegging en eksekusie- verkoping.
07 Mar
4
Costa Da Oura Restaurant (Pty) Ltd t/a Umdloti Bush Tavern v Reddy 486/01
Delict - vicarious liability of employer for assault perpetrated by employee barman on customer. Usefulness of agreed statement of facts after trial for purposes of appeal highlighted
07 Mar
3
De Klerk v Absa Bank Ltd and others 176/02
Absolution from the instance at end of plaintiff's case - stringent test applied before granted - damages - loss of a chance to invest - distinction between causation and quantification - absolution set aside.
06 Mar
2
S v Jimenez 073/02
Dealing in drugs - Sentence - Relevant factors
21 Feb
1
S v Kock 670/02
No Summary
14 Jan