SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2004

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(*) Case Correction

  Citation & Summary
Delivered
131

Pharmaceutical Society of South Africa and others: New Clicks South Africa (Pty) Limited v Minister of Health and another: Tshabalala-Media Summaryimang NO and another 542/04, 543/04
Medicines and Related Substances Act – Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances – validity – legality (ultra vires) – Leave to appeal–

Media Summary

20 Dec
130

Agricultural Research Council v Bredell and Others 539/03
Rule 17.7 of Agricultural Research Council Pension Fund - increase of gratuity by employer – obligation to pay the Fund and not the member – unauthorised payment not recoverable from member.

Media Summary

02 Dec
129

Buffalo City Municipality v Will Gauss and Another 005/04
Rule 17.7 of Agricultural Research Council Pension Fund - increase of gratuity by employer – obligation to pay the Fund and not the member – unauthorised payment not recoverable from member.

Media Summary

02 Dec
128

S v Koopman 502/03
Appeal – findings of fact by trial court – correct approach of court of appeal – legal principles and guidelines – misdirections – judgment as a whole to considered – balanced approach required – contradictions between witnesses

Media Summary

02 Dec
127

Director of Public Prosecutions, Transvaal v Viljoen HT 411/03
Appeal against acquittal of accused - judge a quo erred (a) in relying on hearsay statements contained in documents handed in during bail proceedings but not admitted during the trial; (b) in ruling against the admissibility of evidence ..

Media Summary

02 Dec
126

S v Katoo 642/02
Criminal Procedure Act 51 of 1977 s 194 – incompetence of a witness afflicted with mental illness or imbecility

Media Summary

30 Nov
125
Hollard Life Assurance Company Limited v Van Der Merwe NO 569/03
Interpretation of exclusion clause in insurance policy – whether accidental, wholly self-inflicted injury falling within ambit of clause
30 Nov
124

Samancor v Mutual and Federal Insurance Company Limited and Others 565/03
Two insurers indemnifying insured against damage to same equipment – insurer who paid insured's claim seeking recovery from co-insurer – whether subrogation or contribution correct remedy against co-insurer

Media Summary

30 Nov
123

Eskom v Bonjanala Platinum District Municipality and Another 560/03
Prescription – Regional Service Council levies paid without liability – claim for refund – s 11(a)(iii) of Act 68 of 1969 – 30 years in respect of taxation – operates in favour of taxgatherer only ...

Media Summary

30 Nov
122

Road Accident Fund v Mkhize 557/03
Passenger in cab of disabled tanker in tow – injured when tanker capsized – injury caused by negligence of tow truck driver – respondent a passenger as contemplated by s 18(1) of the Road Accident Fund

Media Summary

30 Nov
121
AM Moolla Group Limited and Others v The Gap 543/03
Counterfeit Goods Act 37 of 1997 – whether goods in transit or transhipped through South Africa subject to provisionsv of Act
30 Nov
120

Brink v Humphries & Jewell Pty Limited 516/03
Defence of iustus error upheld where a personal suretyship by the signatory was included in an application for credit signed on behalf of a company. Order in para [13].

Media Summary

30 Nov
119

Brandt v State 513/03
Sentence – s51(3)(b) of the Criminal Law Amendment Act 105 of 1997 interpreted – suitability of imprisonment for life as a sentencing option for child offenders considered

Media Summary

30 Nov
118
MEC: Department of Finance, Economic Affairs and Tourism (Northern Province) v Mahumania 478/03
Presiding officer at disciplinary hearing of public servant- vested with discretion to grant legal representation in terms of clause 7(3)e of the Disciplinary Code applicable to public servants.
30 Nov
117
Taylor v Minister for Safety and Security and Another 458/03
Special plea - notice of intention institute action against the Minister and a member of the South African Police Service not in compliance with s 57(2) of the South African Police Service Act 68 of 1995 in that it was not served ...
30 Nov
116

Hay management consultants v P3 Management consultants 439/03
Practice: jurisdiction – implied contractual submission – whether can be relied on in action not arising from the contract – weight to be attached to domicilium and choice of law clauses

Media Summary

30 Nov
115

Durandt v Fedsure General Insurance Ltd 421/03
Insolvency: Theft by co-trustee from estate – liability of innocent trustee – interpretation of surety bond furnished to the Master.

Media Summary

30 Nov
114

Fourie and Another v Minister of Home Affairs and Others 232/03
Constitution – Bill of Rights – Right to equality – Sexual orientation – Right to marry – Development of common law – Definition of marriage developed to include same-sex partners – Order developing common law not to be suspended

Media Summary

30 Nov
113

National Director of Public Prosecutions v Phillips and Others 043/04
Restraint order in terms of s 26(1) of Act 121 of 1998 – court granting it has no inherent jurisdiction to rescind or vary the order – power to do so limited to the grounds prescribed in the Acts

Media Summary

30 Nov
112

Gold Fields Limited and Another v Harmony Gold Mining Company Limited and Others 559/04
Offer to exchange shares in public companies – whether an offer for subscription to the public for purposes of s 145 of the Companies Act 1973

Media Summary

26 Nov
111
Road Accident Fund v Mgweba 488/03
Motor vehicle collision with pedestrian – Negligence – proof of excessive speed – CircuMedia Summarytantial evidence based on physical evidence – limits to reconstruction by court – distinction between conjecture and acceptable deductive reasoning – Reaction time
26 Nov
110

Lubbe v Louw 531/03
Veld fire – failure by landowner to prevent fire spreading to neighbouring farMedia Summary – whether omission unlawful – whether presumption of negligence

Media Summary

25 Nov
109

National Director of Public Prosecutions v Rautenbach and Another 146/03
Prevention of Organised Crime Act 121 of 1998. Two separate appeals: (1) Ancillary appeal - provisional restraint order - effect of noting of appeal against order setting it aside (2) Main appeal - restraint order -

Media Summary

22 Nov
108

Foodcorp v Deputy Director General: Department of Environmental Affairs and another 087/04
Administrative law – review – fishing quotas – formula produces irrational results – setting aside of allocations

Media Summary

19 Nov
107

Noormohamed v Visser and another 555/03
A purchaser who assigns rights and obligations arising from sale at public auction not a ‘nominee' or ‘trustee' in terms of Conditions of Saleu

Media Summary

19 Nov
106

Kern v Minister of Safety and Security 456/03
Policemen guilty of rape – whether rape committed in the course and scope of their employment so as to render the respondent vicariously liable – order in para 9.u

Media Summary

11 Nov
105

Metlika and Others v Commissioner for South African Revenue Services 427/03
Interim interdict – appealability – an order is in effect final and appealable if of immediate effect and not to be reconsidered at the trial or on the same facts – jurisdiction

Media Summary

01 Oct
104

Nissan South Africa (Pty) Limited v Marnitz and Others 027/04
Banking – mistaken transfer of money into incorrect bank account – accountholder not entitled to money

Media Summary

01 Oct
103

S v Van Wyk 176/04
...belang van geregtigheid om vrylating toe te laat. Borg – wesenlike vooruitsig beskuldigde een of ander tyd verhoor mag ontwyk – nie in belang van geregtigheid om vrylating toe te laat nie.

Media Summary

30 Sep
102

Pellow and Another v Club Refrigeration CC 469/03
The effect of a reservation of ownership clause in a contract of locatio conductio operis (lump sum building contract) in favour of the building contractor, where insolvency of the employer has supervened before the works have been completed, discussed.

Media Summary

29 Sep
101

Southernport Developments (Pty) Ltd v Transnet Ltd 440/03
Contracts - lease - essential elements of - restated - an agreement to negotiate in good faith - which is linked to a provision that an arbitrator's award will be final in the event of a dispute between the parties – does not lack certainty -

Media Summary

29 Sep
100

Weare v Commissioner for South Africa Revenue Service 401/03
Overpayment of VAT – refundable in terms of s 44(2)(a) of Act 89 of 1991, not in terms of s 44(1) – overpayment in terms of prevailing practice.

Media Summary

29 Sep
99

Wasserman Bate Trust and another v The Premier, Free State Provincial Government 384/03
Interpretation and application of a Road Ordinance (Free State) authorising a provincial authority to enter upon and take possession of land for the purpose of excavating for and removing road-building materials ..

Media Summary

29 Sep
98

Minister for Provincial and Local Government of the Republic of South Africa v Unrecognized Traditional Leaders of the Limpopo Province (Sekhukhuneland) 375/03
Promotion of Access to Information Act 2 of 2000 – limitation in terms of s 44(1) – interpretation and application

Media Summary

29 Sep
97

S v Mvamvu 350/03
Rape – Appeal by State against sentence– rural and unsophisticated accused sentenced to an effective 5 years' imprisonment for the multiple rape (on two occasions) of his customary law wife – substantial and compelling circuMedia Summarytances found to exist–

Media Summary

29 Sep
96

De Maayer v Serebro and Another 322/03
Application for special leave to appeal – once an application is refused – decision final. Action for damages – proof of negligence – two vehicles colliding – third party turning across path of travel of insured driver–

Media Summary

29 Sep
95

Health Professions Council of South Africa v De Bruin 237/03
Medical practitioner struck off register for disgraceful conduct – application for review and appeal in terms of section 20 of Health Professions Act 56 of 1974 both successful before High Court – appeal by Health Professions Council against penalty of three months' suspension

.Media Summary

29 Sep
94

South Africa Ltd v Peens and Others 136/03
Fraudulent ‘cross-firing' scheme – Bank's attempt to dishonour fraudulent cheques outside time allowed by clearing house rules thwarted by objection from collecting bank – Customer never countermanding original instructions–

Media Summary

29 Sep
93
S v Van Dyk 042/04
Sentence – offender found in possession of 378 abalone – sentenced to 18 months' imprisonment in terms of s 276 (1)(i) of Act 57 of 1977 – whether correctional supervision could be imposed for a statutory offence if the statute in ..
29 Sep
92

Van Zijl v Hoogenhout 348/03
Summary:Prescription – Act 18 of 1943 s 5(1)(c) - claim by adult survivor of child abuse against perpetrator – assaults committed between 1958 and 1967 – plaintiff attaining majority in 1973 – effect of abuse on ability to attribute blame to abuser–

Media Summary

27 Sep
91

Gouda Boerdery BK v Transnet Limited 314/03
Fire in railway reserve 20 m wide – not a ‘veldfire' within the meaning of s 34 of of Act 101 of 1998 – meaning of that section – appellant's action in delict – legal duty on respondent not to cause harm negligently

Media Summary

27 Sep
90

Western Platinum Ltd v Commissioner for South Africa Revenue Service 294/03
Income Tax - attributes of income from mining operations capable of being set off by taxpayer against mining capital expenditure - when interest receipts qualify as mining income.

Media Summary

27 Sep
89

Bezuidenhout v Bezuidenhout 364/03
Divorce - redistribution of assets in terms of s 7(3) of Act 70 of 1979 - 'general guide' of equal division adopted by English courts - not part of our law - consideration that traditional role of wives should not be undervalued ...

Media Summary

23 Sep
88

S v Musingadi and others 022/95
Criminal law - common purpose - expansion of - whether effective disassociation from. Criminal law - circuMedia Summarytantial eveidence - weight of - failure to controvert by defence testimony -

Media Summary

23 Sep
87
Pieterse v Shrosbree and others 196/03, 435/03
Long Term Insurance Act 52 of 1998 - s 63 - does not purport to regulate the payment of the proceeds of a life policy.
23 Sep
86
Land and Agricultural Bank of South Africa v Parker and others186/03
Trusts - Authority to bind trust - Sub-minimum of trustees cannot bind trust - Even where majority of trustees have power to bind trust, power must be properly exercised - Abuse of trust form - Courts' duty to develop trust law Media Summary
23 Sep
85

Mutual and Federal Limited v Rumdel Construction (Pty) Limited 373/03
Insurance - contract works damaged by cyclone - insurer's contention reje ted that contractor not laible to repair damage and hence had no insurable interest in works - claim not excluded by special exception ...

Media Summary

21 Sep
84
Mpakathi v Kgotso Development CC and others 334/03
Local authority - Councillors - Purchase of property at a sale in execution where municipality the judgment creditor - According to agreed facts, magistrate acquired certain 'rights' in terms of conditions of sale
20 Sep
83

Geldenhuys v East & West Investments (Pty) Ltd 359/03
Joint and several liability for partnership debt - effect where one former partner settles with creditor - other does not

Media Summary

17 Sep
82

Holtzhausen v Absa Bank Limited 280/03
An action is maintainable in delict for a negligent misstatement causing pure pecuniary loss even if a concurrent action is available in contract.

Media Summary

17 Sep
81

Associated Institutions Pension Fund and others v Van Zyl and others 268/03
Pension funds - review of actuarial determination of 'funding percentage' in terms of regulations promulgated under Act 41 of 1963 - interpretation of regulations - review of determination on substantive grounds ..

Media Summary

17 Sep
80

Swire Pacific Offshore Services (Pte) Ltd v Rosana Bank and another 369/03
Salvage - no closed list of categories of persons entitled to salvage reward - persons entitled to reward in respect of services by a salving vessel not limited to the owner or demise charterer.

Media Summary

16 Sep
79

Laugh It Off Promotions CC v South African Breweries International 242/03
Trademark infringement - Trade Marks Act 194 of 1993 s 34(1)(c) - dilution - effect on freedom of expression

Media Summary

16 Sep
78

S v Sithole 183/02
Criminal Law - Evidence - When inference may be drawn from accused's untruthful assertion that he waived right to pre-trial silence 'Value' in minimum sentence legislation - Dagga in bulk ...

Media Summary

16 Sep
77
Mahlangu NO v Minister of Land Affairs and others 572/03
Restitution of Land Rights Act 22 of 1994 - direct access to Land ClaiMedia Summary Court - when permitted.
14 Sep
76

S v Cronje 571/03
Road Traffic Regulations - Regulation 232 does not purport to lay down a standard for determination of the actual mass or massload of a vehicle - whether the maximum permissable mass or massload has been exceeded is a question of fact.

Media Summary

10 Sep
75

South African Forestry Company Limited v York Timbers Limited 656/02
Where contractual provisions became unworkable through statutory amendments while government still a party to contracts - appellant as successor to government's right and aobligations cannot rely on supervening impossiblility -

Media Summary

09 Sep
74

S v Hammond 500/03
Evidence - sexual misconduct cases - the purpose for which evidence of a first report in a sexual misconduct case may be used, analysed and defined.

Media Summary

03 Sep
73
S v Stevens 417/03
Approach to evaluation of evidence of single witnesses - assessment of totality of evidence - misdirections by trial and appeal courts.
02 Sep
72
Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and another 402/03
Application of s 21A of the Supreme Court Act 59 of 1959 - consideration of s 21A(3) - whether exceptional circuMedia Summarytances present justifying a hearing of the appeal
02 Sep
71

Minister of Safety and Security and another v Rudman and another 218/03
Delict – child suffering severe hypoxic brain damage from near drowning in unsecured family swimming pool – whether policeman attending scene and stopping cardio-pulmonary resuscitation commenced earlier acted wrongfully and negligently and ...

Media Summary

18 Aug
70
Mthembi-Mahanyele v Mail and Guardian Limited and another 054/03
Defamation of a cabinet minister by implying that she was corrupt: cabinet ministers do have locus standi to sue for defamation; but publication found to be both justifiable (lawful) and reasonable in all the circuMedia Summarytances
02 Aug
69
Standard Bank of South Africa Ltd v Koekemoer and others 073/03_2
Judgment Part 2
02 July
68

Price Waterhouse Coopers Inc and others v National Potato Co-Operative Ltd 448/02
Champerty – an agreement in terms of which a person provides a litigant with funds to litigate in return for a share of the proceeds of the litigation is not contrary to public policy or void ...

Media Summary

01 Jun
67

De Jongh v Du Pisanie NO 220/03_2
Regstelling van syferfout en gevolglike berekeningsfout in uitspraak gelewer op 25 Mei 2004. Vervangende bevel in para 4. Judgment Part 2

Media Summary

01 Jun
66

Ukubona 2000 Electrical CC and another v City Power Johannesburg (Pty) Limited 155/03
Section 84 of the Insolvency Act 24 of 1936 does not create a statutory hypothec for a creditor who does not own the merx at time of the insolvency of the debtor...

Media Summary

01 Jun
65

ABSA Bank Ltd v Swanepoel NO 246/03
Contract – Interpretation – Provisions in written agreement not all necessarily having operational effect – Clause in bond agreement recording that borrower has chosen to accept life cover – Not intended to make bond-holder life insurer ...

Media Summary

31 May
64
Commissioner South African Revenue Service v Streicher 194/03
Estate duty – valuation of immovable estate property – s 5(1)(a) of Estate duty Act – meaning of ‘in the course of the liquidation of the estate'.
31 May
63
Meihuizen Freight (Pty) Ltd v Transportes Maritimos de Portugal LDA and others 150/03
Attachment of money in bank account of third party to found or confirm jurisdiction in maritime claim against party on whose behalf money received by third party as agent to receive payment – not permissible ...
31 May
62

Delta Motor Corporation (Pty) Ltd v Van der Merwe 183/03
Refusal of interdict restraining defamation - wrongfulness - whether alleged defamatory statement a fair comment on a matter of public interest - order in paragraph 16, page 16.

Media Summary

31 May
61

FJS Painting CC v Absa Bank Limited 083/03
Liability of a collecting banker for negligence – ownership of cheque presented for collection – requirements – order in para 16

Media Summary

28 May
60

Minister of Transport v Du Toit 615/02
National Roads Act s 8(1)(c) and Expropriation Act s 12(1)(b) – Land – expropriation of temporary right to use property for purposes of upgrading national road – actual financial loss – proof of – Constitutional entitlement (s 25(3)).

Media Summary

28 May
59

Independent Newspapers Holdings Ltd and others v Suliman 049/03
Defamation – newspaper reports that plaintiff arrested as suspect in bombing of restaurant – defamatory but substantially true – publication of plaintiff's identity and photograph prior to appearance in court not in public interest ...

Media Summary

28 May
58

Platinum Holdings (Pty) Limited and others v Victoria and Alfred Waterfront (Pty) Ltd and another 428/03
Respondents obtaining declaratory order that second, third and fourth appellants vacate leased premises –oral agreements concluding new leases alleged – such allegation not sustainable in light of contemporary correspondence ...

Media Summary

28 May
57
Oudekraal Estates (Pty) Limited v City of Cape Town and others 041/03
Administrative decision – whether validly taken - consequences of invalidity
Media Summary
28 May
56
State v Karolia 337/03
Appeal against sentence by the state in terms of s 316 B of the Criminal Procedure Act, 51 of 1977, (the Act) tests for a special entry by an accused in terms of s 317 of the Act; compulsory sentences prescribed ...
Media Summary
28 May
55

S v Botha 318/03
Sentence–role of assessors in alleged irregularity – should be raised by means of a special entry recommendation by judicial officer on parole – undesirable practice.

Media Summary

28 May
54

Land and Agricultural Bank of South Africa v Janse van Rensburg NO and another 297/03
Land Bank Act 13 of 1944 (repealed) – Bank's power under s 34 – Does not include power to make advances secured by mortgage bond – Such advances empowered only by s 25...

Media Summary

28 May
53

Farocean Marine (Pty) Ltd v Malacca Holdings Limited and another 223/03
Attachment to found or confirm jurisdiction – nature of prima facie case required against defendant in the alternative – joinder of further defendant in the alternative – section 5(1) of Act 105 of 1983 permitting ...

Media Summary

28 May
52
Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter 219/03
Estoppel by conduct as defence to rei vindicatio - requirements for representation clarified.
28 May
51
MEC for Department of Public Works (Eastern Cape) v Faltein 217/03
Vicarious liability – driver employed as such but not authorised to drive on specific journey – whether acting in course and scope of his employment when taking over from authorised driver and negligently causing accident ...
28 May
50

Fonjana v Multilateral Motor Vehicle Accident Fund and another 019/03
Article 46 of Schedule to Act 93 of 1989 – meaning of phrase 'rendering military service' – not confined to active military service or combat service –connection between conveyance and military service not required by the article. Order in para 29.

Media Summary

28 May
49
Standard Bank of South Africa Ltd v Koekemoer and others 073/03
Trusts – Trust Deed empowering trustees to enter into loan agreements and to encumber trust property in the process – lending bank under no obligation to protect beneficiaries in circuMedia Summarytances of case. Judgment Part 1
27 May
48

S v Jaipal 593/02
Criminal Procedure : Irregularity in connection with or during trial – assessors seen by public to be present in same office as prosecutor and investigating officer during first eight days of trial...

Media Summary

27 May
47

Modder East Squatters and another v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa and others v Modderklip Boerdery (Pty) Ltd 187/03
Illegal occupation of land – infringement of constitutional rights of owner and of occupiers – constitutional damages

Media Summary

27 May
46

S v Adendorff 344/03
Criminal law – theft of motor vehicle – admissibility of evidence – whether guilt proved beyond reasonable doubt – irregular leading of accused's evidence.

Media Summary

25 May
45

De Jongh v Du Pisanie NO 220/03
Kwantifisering van skadevergoeding – liggaamlike beserings – veral breinbeserings – koste van versorging – voorsiening vir gebeurlikhede – algemene skadevergoeding – bevel in para 70. Judgment Part 1

Media Summary

25 May
44

Vermeulen v S 347/03
Whether s 51 (3) of the Criminal Law Amendment Act 105 of 1997 applies, and whether there are substantial and compelling circuMedia Summarytances in terms of that section.

Media Summary

24 May
43
Welch v Commissioner for the South African Revenue Service 023/03
Donations Tax – Whether exigible on value of assets settled upon trust primarily to enable trustees to discharge settlor's maintenance obligations in terms of an order for divorce incorporating a consent paper
Media Summary
21 May
42

Road Accident Fund v Mbendera and others 209/03
A truck designed and suitable for use on haul roads is a motor vehicle as defined by s 1 of the Road Accident Fund Act 56 of 1998.

Media Summary

17 May
41

National Director of Public Prosecutions v R O Cook Properties (Pty) Ltd 260/03
3 Judgments National Director of Public Prosecutions v: 1) R O Cook Properties- 260/03, 2)37 Gillespie Street Durban (Pty) Ltd and another- 666/02, 3) Seevnarayan- 111/03 Assets forfeiture ...

Media Summary

13 May
40

Transnet Ltd v Sechaba Photoscan (Pty) Ltd 098/03
Delictual claim for damages – public tender process – tenderer for purchase contract fraudulently deprived of award when due to win tender – whether loss of profits that it would have earned claimable in delict.

Media Summary

04 Apr
39

Nel NO and another v Master of the High Court and others A9/03
Liquidator's remuneration – reduction of by Master for ‘good cause' – interpretation of s 384(1) and (2) of Companies Act 51 of 1973 – ambit of court's powers to review such ruling by Master.

Media Summary

01 Apr
38

Ikea Trading und Design AG v BOE Bank Ltd 077/03
Meaning of s 1(1) of the Security by Means of Movable Property Act 57 of 1993: description of property in a notarial bond must be such that it is readily recognisable from the description alone

Media Summary

01 Apr
37

Fourie NO and others v Edeling NO and others 522/03
Liquidation of unlawful pyramid scheme – whether repayment by scheme of participants' contributions was undue preference – whether payment by scheme of gains to participants was a disposition without value

Media Summary

01 Apr
36

Powell NO and others v Van der Merwe and others 503/02
National Prosecuting Authority Act 32 of 1998 – Authorisation of investigation: requirements – Search warrants: requirements for issue and requirements for validity – Voidness for over-breadth

Media Summary

01 Apr
35

Ferreira and others v State 245/03
Murder: life sentence: whether substantial and compelling circuMedia Summarytances warranted lesser sentence : first accused a woman living in intimate domestic partnership : repeatedly abused : paid co-accused to kill her partner.

Media Summary

01 Apr
34

Soil Fumigation Services Lowveld CC v Chemfit Technical Products (Pty) Ltd 680/02
Unliquidated counterclaim for amount less than claim in convention – can in principle constitute 'bona fide defence' to corresponding part of claim – court's discretion ...

Media Summary

31 Mar
33

Juglal NO and another v Shoprite Checkers (Pty) Ltd 634/02
Notarial bond – validity of parate executie clause and other terms enabling bondholder to use and dispose of secured movables.

Media Summary

31 Mar
32
Standard General Insurance Company Limited v Commissioner for CustoMedia Summary and Excise 622/02
CustoMedia Summary and Excise Act – liability of clearing agent for payment of duty.
31 Mar
31

Govender and others v State 254/03
Evaluation of evidence - one must guard against a tendency to focus too intently upon separate and individual parts of what is after all a mosaic of proof. Culpable homicide-suspect fatally assaulted whilst in police custody

Media Summary

31 Mar
30

Ndamase v Functions 4 All 100/03
In terms of the Magistrates' Courts Act, 32 of 1944, magistrates courts have jurisdiction in respect of claiMedia Summary for provisional sentence – Rule 14A of Magistrates' Courts Rules of Court not ultra vires ...

Media Summary

31 Mar
29

Commissioner for the South African Revenue Services v Megs Investments (Pty) Ltd and another 034/03
Income tax - Set-off of assessed loss in termsof s 20 of Act No 58 of 1962 - whether the tax-payer, a company, carried on a trade within the republic during the tax year in question.

Media Summary

31 Mar
28

FirstRand Bank Limited v Nedbank (Swaziland) Limited 001/03
Special plea of prescription – amendment of particulars of claim – different right of action – prescription not interrupted.

Media Summary

30 Mar
27

Road Accident Fund v Shabangu and another 075/03
No legal duty owed to the Road Accident Fund by an attorney who innocently submits a claim on behalf of an impostor. In any event no negligence established. Liability limited to fraud.

Media Summary

30 Mar
26
Bullock NO and others v Provincial Government of North West Province and another 044/03
The disposal of a right in land vested in an organ of State may be administrative action as contemplated in s 33, read as set out in item 23 of schedule 6, of the Constitution...
30 Mar
25
Unitrans Freight (Pty) Ltd v Santam Ltd 086/03
Extension clause in motor insurance policy – whether it obliges insurer to indemnify authorised user of insured vehicle as contemplated by s 156 of the Insolvency Act 24 of 1936.
29 Mar
24

Premier Van Die Gautengse Provinsiale Regering v Myburgh 644/02
Pensioengratifikasie betaalbaar deur Pensioenfonds ingevolge Proklamasie 21 van 1996 – beweerde ooreenkoMedia Summary dat die appellant uit hoofde van afsonderlike ooreenkoMedia Summary vir betaling van rente op gratifikasie aanspreeklik is ...

Media Summary

29 Mar
23

Pretoria East Builders CC and another v Basson 574/02
Sale of res aliena - written agreement for the sale of land belonging to another - no proof that owner authorized seller to sell on its behalf - owner not bound - no enforceable contract because counter-offer not accepted in writing...

Media Summary

29 Mar
22

Impala Water Users Association v Lourens NO and others 087/03
Water – National Water Act 36 of 1998 - Mandament van Spolie – whether rights of water users who were entitled to rights under previous Water Act 54 of 1956 capable of protection by mandament of spolie when restricted by water supplier ....

Media Summary

26 Mar
21

Absa Bank Ltd v Burmeister and others 647/02
Interpretation of s 37D(1)(b) of Pension Funds Act 24 of 1956

Media Summary

26 Mar
20

Kotzé v Suidwestelike Transvaalse Landboukoöperasie312/03
Acknowledgment of indebtedness and undertaking to pay in specified instalments – whether creditor which rejects undertaking may sue on the acknowledgment.

Media Summary

26 Mar
19

Abrams v Allie NO and others 114/03
Restitution of a right in land in terms of Act 22 of 1994 – meaning of ‘dispossessed’ – underlying object of acquisition to implement past racially discriminatory law or practice – on the facts market value the equivalent of just and equitable compensation – marginal difference between what claimant received in 1979 and court’s determination of what market value would then have been.

Media Summary

26 Mar
18
Meeg Bank Ltd v Waymark and others 103/03
Dissolution of a corporation by proclamation in terms of s 13 of Transkei Corporations Act 10 of 1976 as amended – status of subsequent general notice correcting omission in such proclamation.
26 Mar
17

Metcash Trading Ltd v Credit Guarantee Insurance Corporation Of Africa Ltd 096/03
Interpretation of insurance contract. Condition excluding liability of insurer not void for vagueness. ‘Claim' means demand for indemnity in a particular amount. Failure to lodge claim timeously results in insurer being free of liability.

Media Summary

25 Mar
16
Man Truck & Bus (SA) (Pty) Ltd v Dorbyl Limited t/a Dorbyl Transport Products And Busaf 038/03
Contractual obligations held to be reciprocal. A decision to refer motion proceedings to evidence held not to be appealable.
25 Mar
15

Director-General: Department Of Trade And Industry and another v Shurlock International (Pty) Ltd 263/03
General Export Incentive Scheme Guidelines (Revision 2) – whether exporter must repay an incentive payment if original documents listed in para 3.9 of Scheme Guidelines cannot be produced within five year period thereafter.

Media Summary

25 Mar
14
Madzivhandila and others v Madzivhandila and another 584/02
Effect of agreement to hold property as nominee - whether agreement in violation of s 23 of the Venda Public Service Act 8 of 1986 – interpretation and application of s 23 of the Act - issue of illegality raised for the first time on appeal.
24 Mar
13

Munduzi Municipality v Member Of The Executive Council Of Kwazulu-Natal Province For Housing and another 168/03
Section 3(3)(a) of Act 79 of 1984 – exemption from municipal rates – State property held in trust– meaning of – whether first respondent succeeded the South African Development Trust as trustee ....

Media Summary

24 Mar
12

Santam Beperk v Biddulph 105/03
Insurance fraud – credibility - upsetting finding of credibility on appeal

Media Summary

24 Mar
11
Khosis Community At Lohatla and others v Minister Of Defence and others 665/02
Restitution of Land Rights Act 22 of 1994 – application under s 34 declaring in advance that communities not entitled to restoration of land.
18 Mar
10
Old Mutual Life Assurance Company (SA) Ltd and another v Swemmer 002/03
Section 7(7) and 7(8) of Divorce Act 70 of 1979 – orders in respect of ‘pension interest' – correctness and enforceability of order compelling underwriters and administrators of pension funds to pay proceeds of retirement annuities to non-member spouse.
18 Mar
9
Johannesburg Country Club v Stott and another 152/03
Exemption clause – interpretation
18 Mar
8
Reynolds NO and others v Mercantile Bank Ltd 004/03
Whether payments made by a company that was subsequently wound-up amounted to dispositions in terms of s 26(1)(b) read with s/2 of the Insolvency Act 24 of 1936.
17 Mar
7
De Kock NO and others v Van Rooyen 640/02
Magistrate – Security of tenure – Unconstitutionally insecure appointment – Appropriate order in light of existing Constitutional Court decision – Effect of suspension of declaration of invalidity – .....
15 Mar
6

Matlare v S 441/03
Oortreding van a 34(1)(b) van Wet 90 van 1989 – aanbieding van vervalste banknote – die appellant se verweer dat hy geen aandeel gehad het in die aanbieding van die vervalste note deur sy medebeskuldigde nie – tereg deur die verhoorhof verwerp.

Media Summary

11 Mar
5

Road Accident Fund v Vogel 113/03
Mobile ground power unit providing electric power to stationary aircraft at airports – not a motor vehicle as defined in s 1 of Road Accident Fund Act 56 of 1996.

Media Summary

11 Mar
4
Commissioner for the South African Revenue Service v SA Silicone Products (Pty) Ltd 358/02
Income Tax – Act 58 of 1962 s 11 (gA)(iii) – whether licence to use trade marks ‘property similar in nature' to trade mark – whether conclusion of licence agreement ‘acquisition' of such property.
05 Mar
3
Denel (Pty) Limited v Vorster 013/03
Employment contract incorporating disciplinary code – whether breached by employer
05 Mar
2
Smit v Scania South Africa (Pty) Ltd 621/02
Grant of provisional sentence generally not appealable. May be appealable in exceptional cases where the requirements for appealability in Zweni v Minister of Law and Order 1993 (1) SA 523 (A) satisfied. Costs of abortive appeal.
27 Feb
1
Take & Save Trading CC and others v Standard Bank of South Africa Ltd 021/03
Recusal application during the course of proceedings – appealability – reasonable apprehension of bias.
27 Feb
   
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