| |
Citation & Summary |
Delivered |
| 137 |
Standard Bank of SA Ltd v Saunderson & Others 358/05
Execution against mortgaged property-whether mortgagee required to justify order constitutionally |
15-Dec |
| 136 |
MG Phenithi v Minister of Education & Others 018/05
Employment law-educators-discharge of-deemed discharge on account of absence from work without permission for more than 14 consecutive days in terMedia Summary of Employment of Educators Act 76 of 1998, s 14(1)(a)... |
14-Dec |
| 135 |
J Brown v MC Stone 489/05
Jurisdiction-interim custody order inextricably linked to order that child be returned to South Africa-court not able to enforce return order-no jurisdiction to grant such order |
08-Dec |
| 134 |
P van Immerzeel v Santam Ltd 646/04
Professional negligence insurance-meaning of 'claim first made'-notification of possibility of claim not 'claim made'.
Media Summary |
05-Dec |
| 134 |
DPP Kwazulu-Natal v P 363/05
Sentence-appeal by state against sentence imposed on 14 year old girl upon conviction for murder of her grandmother and theft-whether postponement of passing of sentence coupled with 36 months of correctional supervision in terMedia Summary of Act 51 of 1977...
Media Summary |
01-Dec |
| 133 |
D Leibowitz t/a Lee Finance v AT Mhlana & Others 422/04
Jurisdiction-Supreme Court Act 59 of 1959, s 19(1)(a) & (b)-meaning of 'causes arising'-meaning of principal place of business-submission to jurisdiction
Media Summary |
01-Dec |
| 132 |
NEHAWU & IM Mathye v KE Tsatsi 062/05
Defamation-whether words in report that respondent 'embraces fraudsters' and 'unleashes unprecedented harassment' against staff defamatory-defences-qualified privilege-whether available to appellants-whether appellants vicariously liable... |
01-Dec |
| 131 |
NDPP v ME Parker 624/04
Criminal law-application for forfeiture order of property in terMedia Summary of Prevention of Organised Crime Act 121 of 1998, s 48 -whether property sought to be forfeited to State is an 'instrumentatlity of an offence'...
Media Summary |
01-Dec |
| 130 |
HM Ford v MGW Ford 052/05
Application by custodian of young child for leave to remove child permanently from South Africa-child strongly bonded to both parents-interests of child first and paramount consideration
Media Summary |
01-Dec |
| 129 |
M Dlamini & Another v PJ Josten & Others 030/05
In Extension of Security of Tenure Act, 62 of 1997, meaning of 'land' determined by reference to its cadastral description-'established practice'-once an 'established practice' for burials exists, landowner or person in charge may not unilaterally...
Media Summary |
30-Nov |
| 128 |
SF Thugwana v RAF 530/04
Motor vehicle accidents-compensation-claim for in terMedia Summary of RAF Act 56 of 1996, s 17(1)(b)-provisions of s 24(5) read with regulation 2(1)(c)-does failure of Fund to object to validity of claim within 60 days render claim valid in law in all respects...
Media Summary |
30-Nov |
| 127 |
A De Reszke v C Maras & Others 076/05
Will-whether document intended to be deceased's last will as required in Wills Act 7 of 1953, s 2(3)
Media Summary |
30-Nov |
| 126 |
A Papagapiou v SAntam Limited 058/05
Insurance contract-interpretation of an exclusion clause-plaintiff's attempted fraud covered by exclusion clause
Media Summary |
30-Nov |
| 125 |
RS Napier v BP Barkhuizen 569/04
Constitution-application to law of contract-applies horizontally insurance-time bar clause-not unconstitutional |
30-Nov |
| 124 |
DPP v CE Olivier 042/05
Appeal by DPP against too lenient a sentence imposed on appeal by high court (substituting apparently appropriate sentence by regional magistrate)-Criminal Procedure Act 51 of 1977, s 310A(1) & s 316B(1) considered alongside provisions of s 20(1) ... |
30-Nov |
| 123 |
SABC v FP Coop & Others 570/04
Retiree status of former SABC employees in relation to medical scheme and concessionary television licences-medical scheme subsidy and concessionary television licences unilaterally withdrawn by SABC-SABC relying on absence of authority... |
30-Nov |
| 122 |
DL Ehlers & Others v Rand Water Board 484/04
Removal of habitable buildings and structures in a Sectional Titles Scheme deemed to be a Regional Structure Plan in terMedia Summary of Physical Planning Act 125 of 1991, s 37(2)(a)(i) and (ii) requiring, inter alia, written consent for habitable buildings or... |
30-Nov |
| 121 |
JJ Steenkamp NO v Provincial Tender Board of the Eastern Cape 528/04
Delict-liability of tender board towards tenderers for negligently awarding tender contrary to principles of administrative justice-no liability in damages |
30-Nov |
| 120 |
L Badenhorst v I Badenhorst 007/05
Husband and wife-redistribution order in terMedia Summary of s 7(3) of Act 70 of 1979-when assets of inter vivos trust can be taken into account |
29-Nov |
| 119 |
NS Mugwena v Minister of Safety & Security 303/03
South African Police Service Act 68 of 1995-whether pursuant to s 57(5) requirements or prohibitions contained in s 57(1) and (2) should be dispensed with. Whether killing of deceased by police justified in private defence
Media Summary |
29-Nov |
| 118 |
F De Beer v Die Raad vir Gesondheidsberoepe van Suid-Afrika 600/04
Appèl ingevolge Wet 56 van 1974, art 20-teen beslissing van Geneeskundige en Tandheelkundige beroepsraad om appellant se naam uit register van geneeshere te skrap-geen wesenlke mistasting deur raad-straf ook nie buitensporig swaar-appèl gevolglik van...
Media Summary |
29-Nov |
| 117 |
Cell C (Pty) Ltd v GMB Zulu 593/04
Contract-interim agreement-parties performimg obligations before written document intended to regulate their relationship full executed-cancellation of-reasonable notice to be given in absence of agreement as to how to be effected |
29-Nov |
| 116 |
Transnet Ltd & Another v SA Metal Machinery Co (Pty) Ltd 147/05
Promotion of Access to Information Act 2 of 2000-unsuccessful tenderer requesting details of successful tenderer's price composition-information in possession of public body that awarded contract-s 36(1)(c), meaning of 'could reasonably be expected'...
Media Summary |
29-Nov |
| 115 |
Government Employees Pension Fund v J Naidoo & S Naidoo 032/05
Interpretation of Government Employees Pension Law 1996, s 21(1)-wife in community of property in circuMedia Summarytances of case entitled on divorce to recover from pension fund her share of husband's benefit |
28-Nov |
| 114 |
Rates Action Group v The City of Cape Town 016/05
The levying of a rate as a charge for sewerage services and refuse removal is permitted under the Local Government: Municipal SysteMedia Summary Act 32 of 2000
Media Summary |
25-Nov |
| 113 |
TRC Hosking NO & Others v SA Coetzee NO & Others 499/04
Insolvency Act 24 of 1936, s 29(1)-voidable preferences-whether unconstitutional
Media Summary |
25-Nov |
| 112 |
Trustees for the Time Being of Two Oceans Aquarium Trust v Kantey & Templer (Pty) Ltd 545/04
Delictual liability for pure economic loss-allegation that trust suffered damages as result of respondent's negligence in design of an aquarium-issue whether alleged negligent conduct wrongful
Media Summary |
25-Nov |
| 111 |
The Public Servants Association v National Commissioner of the South African Police Service 573/04
Police employment regulations-retention of incumbent of upgraded post in terMedia Summary of reg 24(6)-despite permissive language of subregulation, Commissioner obliged to retain incumbent if requirements of subregulation met
Media Summary |
25-Nov |
| 110 |
ABSA Bank Ltd v TG Fraser; Portion 3 Lavianto CC 386/05
Criminal law-restraint order in terMedia Summary of Prevention of Organised Crime Act 121 of 1998, ss 25 & 26-effect on defendant's concurrent creditors-properly interpreted s 33(1) does not exclude concurrent creditor'd interests in restrained property ...
Media Summary |
24-Nov |
| 109 |
National Union of Mineworkers; Motlhoki & Others v Mazista Tiles (Pty) Ltd 507/04
Appeal from Labour Appeal Court-appeal noted before requirement of leave to appeal introduced-whether such leave required-whether leave to appeal to be granted |
23-Nov |
| 108 |
International Marine Transport SA v MV "Le Cong" 080/05
Ships owned by 'state-owned enterprises' established at different levels of government in the People's Republic of China not 'associated' ships within meaning of Act 105 of 1983, s3(6)
Media Summary |
23-Nov |
| 107 |
M A Jacquesson v Minister of Finance 548/04
Condictio sine causa-moneys declared forfeit to State: on facts, not affected by grant of amnesty in terMedia Summary of s 20(1) of Promotion of National Unity and Reconciliation Act 34 of 1995
Media Summary |
16-Nov |
| 106 |
RAF v E van den Berg 019/05
RAF Act 56 of 1996-meaning of 'motor vehicle'-'designed...for propulsion...on a road' to be determined objectively-general use being made of vehicle relevant consideration-Hamm GRW 18 pneumatic tyre roller found to be motor vehicle as defined
Media Summary |
16-Nov |
| 105 |
TE Botha v Die Staat 562/04
Strafprosesreg-art 317van Strafproseswet-taak van verhoorregter by aantekening van spesiale inskrywing-onreëlmatigheid waar een advokaat optree vir twee beskuldigdes en daar botsing van belange is-beskuldigde bewus voor verhoor van potensiële botsing...
Media Summary |
15-Nov |
| 104 |
C Mogale, Johnnic Publishing Ltd & NAP Publications, Allied Publishing Ltd v E Seima 575/04
Defamation quantum
Media Summary |
14-Nov |
| 103 |
MP Scheepers v The State 158/05
Criminal law-sentence-section 276(1)(i) of Criminal Procedure Act 51 of 1977-offers appropriate midway where imprisonment only appropriate sentence, but offences intrinsically less serious
Media Summary |
10-Nov |
| 102 |
HA Klokow v MB Sullivan 410/04
Contract-legality-facts need not always specifically be pleaded before court will relax the rule in pari delicto potior est conditio defendentis-pleadings not to be approached in an overly technical and formalistic way
Media Summary |
29-Sep |
| 101 |
Ethekwini Municipality v Verulam Medicentre (Pty) ltd 457/04
In duplum rule: not applicable unless interest is payable on debt in arrear
Media Summary |
29-Sep |
| 100 |
AB Nichol & Others v Registrar of Pension Funds & Others 467/04
Promotion of Administrative Justice Act 3 of 2000, s 7(2)-failure to exhaust internal remedies before institution of judicial review proceedings-application for exemption in terMedia Summary of s 7(2)(c) of PAJA-meaning of 'exceptional circuMedia Summarytances'
Media Summary |
29-Sep |
| 99 |
MP King & Others v Attorneys Fidelity Fund Board of Control, Minister of Justice 561/04
Constitution-alleged failure by National Assembly to fulfil constitutional obligation-power to declare legislation invalid-invalidity alleged to derive from breach of constitutional obligation to facilitate public involvement in legislative process...
Media Summary |
29-Sep |
| 98 |
Parsons Transport (Pty) Ltd v Global Insurance Co Ltd 345/04
Insurance-contract providing for payment of annual premium after period of insurance commenced-effect of failure to pay premium on due date-whether insurer entitled to claim payment of premium |
29-Sep |
| 97 |
S Prophet v NDPP 502/04
Search and seizure-forfeiture order in terMedia Summary of chapter 6 of Prevention of Organised Crime Act 121 of 1998-application for forfeiture order-whether property instrumentality of an offence-proportionality analysis not part of first two-stage enquiry...
Media Summary |
29-Sep |
| 96 |
SA Breweries Ltd v P van Zyl 381/04
Cession-deed of suretyship in respect of money owing-rights under-debt ceded-principle relating to rule 'huur gaat voor koop' has no application in law relating to cession-unless deed of suretyship provides otherwise...
Media Summary |
29-Sep |
| 95 |
Navy Two CC v Industrial Zone Corporation 293/04
Sole member of close corporation seeking to represent it-whether refusal to grant him audience misdirection-whether case fell within exception to rule barring person who is not a practitioner from representing a corporate entity..
.Media Summary |
28-Sep |
| 94 |
Gumede, RWM & Others v Subel SC, A NO & Others 429/04
Ruling by Commissioner in enquiry under s 417 of Companies Act 61 of 1973 that a person be required to produce documents relating to affairs of company under investigation not liable to be set aside where commissioner had reason to believe that...
Media Summary |
27-Sep |
| 93 |
Shoprite Checkers (EDMS) Bpk v LJJ Grobbelaar; DJM Heyns; PC Welgemoed 460/04
Maatskappyereg-onnodig om te voldoen aan a 228 van Maatskappyewet waar alleenaandeelhouer toestem tot verkoop van maatskappy se bates-oordraagbaarheid van regte in handelsinperkingsooreenko
Media Summary |
26-Sep |
| 92 |
AF Dreyer NO; L Dreyer NO v AXZS Industries (Pty) Ltd 250/04
Actio rei vindicatio-ownership of movable assets alleged to have passed to respondent through delivery coupled with real agreement-requirements of real agreement-not established-proper approach to resolving irreconcilable disputes of fact
Media Summary |
26-Sep |
| 91 |
The Chairperson: Standing Tender Committee & Others v JFE Sapela Electronics (Pty) Ltd & Others 511/04
Review of decisions to award tenders for repair and maintenance work at prisons-decisions invalid at time they were made-by reason of effluxion of time and considerations of practicality relief not granted-successful appellants ordered to pay costs
Media Summary |
26-Sep |
| 90 |
V & A Waterfront Properties (Pty) Ltd & Others v Helicopter & Marine Services (Pty) Ltd & Others 392/04
Requirements for final interdict-meaning of 'injury' in phrase 'injury...committed or reasonable apprehended'-includes invasion-includes invasion of contractual right
Media Summary |
26-Sep |
| 89 |
CT Buttner v CA Buttner 382/04
Divorce-redistribution of assets in terMedia Summary of s 7(3) of Divorce Act 70 of 1979-powers of court on appeal to interfere with exercise of discretion by trial court-s 7(2) of Divorce Act-award of token maintenance made by trial court in terMedia Summary thereof... |
23-Sep |
| 88 |
LUR, Vrystaat v M Louw, ML Louwrens 483/04
Nalatige handeling deur personeellid in diens van openbare skool in uitvoering van haar dienspligte-art 20(10) van Wet 84 van 1996 sluit nie Staat se aanspreeklikheid vir skade uit nie
Media Summary |
23-Sep |
| 87 |
HA Wormald NO, Burton Queenstown CC, NK Baduza v LS Kambule 524/04
Application for eviction under Act 19 of 1998 (PIE) and declarator that customary marriage void ab initio-whether discretion conferred on court by PIE can be exercised to determine whether customary law wife has claim for right to occupy property...
Media Summary |
22-Sep |
| 86 |
NW Mackay v EM Fey NO & MJ Lane NO 463/04
Insolvency-relationship between s 20 and 2 23(2) of Insolvency Act-essence of simulated transaction is an intent on part of both parties to deceive
Media Summary |
22-Sep |
| 85 |
Dr HD Louwrens v JP Oldwage 181/04
Medical negligence-vascular surgeon diagnosed patient as having serious arterial disease in right leg-diagnosis disputed-history of symptoMedia Summary with which patient presented disputed-proper approach for resolving factual disputes discussed-informed consent...
Media Summary |
21-Sep |
| 84 |
Micro Finance Regulatory Council v AAA Investment (Pty) Ltd, Minister of Trade & Industry 346/04
Private regulator appointed for micro-lending industry-s 21 company-entitled to make rules in terMedia Summary of its memorandum of association-whether making of such rules constituted exercise of public powers requiring legislative authority |
21-Sep |
| 83 |
JM Griffin & Others v The Master of the High Court & Others 446/04
In terMedia Summary of s 386(3)(a) read with s 386(4)(c) of the Companies Act 61 of 1973 made applicable to a close corporation by s 66(1) of the Close Corporations Act 69 of 1984, a liquidator of a close corporation is required to be authorized by meetings...
Media Summary |
19-Sep |
| 82 |
SX Kimberley v The State 519/04
On proper interpretation of s 51 (1)(a) read with Part 1 of Schedule 2 paras (a)(1) and (ii) of Criminal Law Amendment Act No 105 of 1997, High Court lacks jursidiction to impose sentence of life imprisonment in respect of single act of rape.
Media Summary |
19-Sep |
| 81 |
JJ Kemp, A Kemp, CF Muller, DJ Goosen v Dr JJH van Wyk, Minister van Landbou, Meat Industry Forum of SA 335/04
Administrative law-discretion-whether application of policy precludes proper exercise of discretion |
19-Sep |
| 80 |
Maize Board v J Jackson 396/04
Contracts-simulation-lease and management agreements-evidence establishing true nature of transaction one for sale of maize-agreements simulated to conceal that intention to avoid payment of Maize Board levies
Media Summary |
19-Sep |
| 79 |
MEC for Agriculture ... v Sasol Oil (Pty) ltd & Others 368/04
Environmental law-protection of environment-prohibition on undertaking of environmentally detrimental activities without written authorisation of competent authority as intended in s 22 of Environmental Conservation Act 73 of 1989...
Media Summary |
16-Sep |
| 78 |
City of Cape Town v WD Bourbon-Leftley NO & Others 415/04
Servitude entitling farmer to draw water from appellant's pipeline-maximum allocation exceeded-whether tacit term that farmer should pay for excess at 'going rate'-alternatively whether farmer liable in delict for excess water consumed
Media Summary |
15-Sep |
| 77 |
Mzamba Taxi Owners' Association & Others v Bizana Yaxi Association & Others 358/04
Administrative law-endorsement by provincial taxi registrar of a voluntary agreement between two taxi associations in terMedia Summary of which a taxi rank is shared not subject to review...
Media Summary |
09-Sep |
| 76 |
Telimatrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA 459/04
Delict-wrongfulness-liability of adjudicating body for negligent incorrect decisions
Media Summary |
09-Sep |
| 75 |
AM Moolla Group Ltd & Others v The Gap Inc & Others 123/04
Trade mark "Gap"-well-known trade marks-art 6bis Paris Convention-principle of territoriality-non-use of trade marks
Media Summary |
09-Sep |
| 74 |
PH Groenewald v The State 055/05
Criminal law-evidence-admissions-effect and interpretation of-accused tendering admission cannot bind state to a meaning radically at variance with state's case |
08-Sep |
| 73 |
NW Erasmus v Die Staat 618/04
Aanranding met opset om ernstig te beseer-suur in klaer se gesig gegooi-dolus eventualis voldoende-nie vereiste dat beskuldigde persoon werklike erns van uiteindelike beserings moes voorsien het nie...
Media Summary |
06-Sep |
| 72 |
Liberty Investors Ltd v CSARS 353/04
Dividends from a subsidiary transferred to company's share capital and share premium account and capitalisation shares issued-later liquidation of the company-suMedia Summary transferred deemed by proviso (i) of defenition of 'dividend' ...
Media Summary |
30-Aug |
| 71 |
MM Magida v The State 515/04
Appellant's AIDS status factor to be considered in deciding appropriate sentence-magistrate not supplying reasons for sentence-no reasons requested by court below-matter requiring expeditious decision by this court... |
26-Aug |
| 70 |
J Marx v Die Staat 397/04
Verkragting-onsedelike aanranding-nieteenstaande verwerping van appellant se getuienis nie bo redelike twyfel bewys dat gemeenskap en betasting sonder klaagster se toestemming plaasgevind het nie-oortreding van art 14(1)(b) van wet 23 van 1957...
Media Summary |
23-Aug |
| 69 |
Western Cape Min of Education & Others v Governing Body of Mikro Primary School & Others 140/05
Section 29 of the Consitution - the right to receive education in an official language...
Media Summary |
27-Jun |
| 68 |
RAF v M R Mtati obo Z Mtati 332/04
Delict-pregnant woman injured in motor collision-child subsequently born with brain damage resulting from collision-whether child has action against RAF
Media Summary |
01-Jun |
| 67 |
Media 24 Ltd, G Samuels v S Grobler 301/04
Delict-liability of employer for sexual harassment of female employee by trainee manager-negligent breach by employer of legal duty to maintain working environment in which employees not...
Media Summary |
01-Jun |
| 66 |
Transnet Ltd v L Rubenstein 238/04
Where parties to contract agree that it is terminable on happening of specified future event, a tacit term that it is terminable on reasonable notice cannot, in absence of evidence...
Media Summary |
01-Jun |
| 65 |
Axiam Holdings Ltd v Deloitte & Touche 303/04
Auditor-duty to third parties-s 20(9) of Act 80/1991-exception to claim based on negligent misstatement by ommission-held to be sustainable on pleadings-premature to decide question of wrongfulness
Media Summary |
01-Jun |
| 64 |
P May v The State 376/04
Trial of undefended accused held not to have been vitiated by any irregularity:no prejudice established-convictions on two counts of rape and one of theft confirmed-sentences reduced to take into account time spent...
Media Summary |
01-Jun |
| 63 |
Gründlingh, Schüler, Turfsport CC v Phumelela Gaming and Leisure Ltd 152/04
Bookmakers and totalizator-Gauteng Gambling Act 4/1995-bookmakers accepting 'exotic' bets-winnings dependent on tote's published dividends for same bets-whether 'fixed odds bets' as defined...
Media Summary |
01-Jun |
| 62 |
Favish (also known as Shraga) Vidavsky v Body Corporate of Sunhill Villas 227/04
Arbitration-s 15 of Arbitration Act 42/1965-award made in default of appearance of party-effect-whether binding for purposes of ss 28 and 31 of the Act
Media Summary |
31-May |
| 61 |
JMC Prinsloo, Botha Family Trust v Ndebele-Ndzundza Community 106/04
Restitution of Land Rights Act 22/1994-'community'-group using land until about 1940 under tribal authority and custoMedia Summary-no residence, immediate supervision or control by registered owners... |
31-May |
| 60 |
PJ Jansen v M Naylor, Atomaer (RSA) (Pty) Ltd, Atomaer Holdings (Pty) Ltd 251/04
Defamation-animus injuriandi-qualified privilege of occassion-admissibility of evidence to mitigate damages-arrest-costs of unopposed application when respondent not first invited... |
31-May |
| 59 |
M Naylor, Atomaer (RSA) (Pty) Ltd v PJ Jansen 243/04
Defamation-animus injuriandi-qualified privilege of occasion-admissibility of evidence to mitigate damages-arrest-costs of unopposed application when respondent not first invited...
Media Summary |
31-May |
| 58 |
P Liebenberg v The State 156/03
Evidence-adequacy of proof-accused raising an alibi entitled to acquittal if there is a reasonable possibility that alibi evidence is true
Media Summary |
31-May |
| 57 |
The CSARS v Stand Two Nine Nought Wynberg (Pty) Ltd, JF Klopper, Master of the High Court 324/04
Liquidator of company cannot agree with debtor of company to pay debt direct to creditor of company if doing so would subvert scheme of distribution laid down in Insolvency Act 24/1936
Media Summary |
31-May |
| 56 |
The CSARS v Formalito (Pty) Ltd 328/04
S 44(11)(a) of the CustoMedia Summary and Excise Act 91/1964-false declaration-means untrue to the knowledge of the person making the declaration
Media Summary |
31-May |
| 55 |
Local Transitional Council of Delmas, Member of Executive Council for Local Government: Mpumalanga Province v WA Boshoff 302/04
Informal township established by predecessors of appellants under Act 13/1991 on respondent's neighbouring property-claim for loss suffered through conduct of inhabitants...
Media Summary |
31-May |
| 54 |
CJ Maritz & CWC Pieterse v Maritz & Pieterse Incorporated 175/04
Attorneys Act 53/1979 s 23(1)(a)-liability of former directors of company to its liquidators for claiMedia Summary of creditors in the estate-locus standi of liquidators to sue the directors
Media Summary |
30-May |
| 53 |
Privest Employee Solutions (Pty) Ltd v Vital Distribution Solutions (Pty) Ltd 126/04
Contract-interpretation of-effect of terMedia Summary in addendum on terMedia Summary in main contract-object of rule 33(4) and duty of trial court in regard thereto restated
Media Summary |
30-May |
| 52 |
Cordiant Trading CC v Daimler Chrysler Financial Services (debis) (Pty) Ltd 237/04
Jurisdiction-on causes-limited to causes arising within court's area of jurisdiction-declaration of rights-when competent under s 19(1)(a)(iii) of Act 59/1959
Media Summary |
30-May |
| 51 |
Gqwetha v Transkei Development Corporations Ltd, JLV Kwadjo, PR Vice 242/04
Application for review-failure properly to exercise a judicial discretion in condoning unreasonable delay in instituting review proceedings...
Media Summary |
30-May |
| 50 |
Constantia Insurance Company Ltd v Compusource 143/04
Policy insuring litigation costs – provision entitling insurer to claim full premium upon cancellation of the policy following discovery of facts adversely affecting insured's prospects of success ...
Media Summary |
30-May |
| 49 |
Medscheme Holdings v Bhamjee 214/04
Contract-whether voidable for duress-economic duress to be distinguished from hard bargaining
Media Summary |
27-May |
| 48 |
SH Symington, J Durandt, F Rademan v Pretoria-Oos Privaat Hospitaal Bedryfs (Pty) Ltd 077/04
Claim by respondent against appellants as its former directors for alleged breach of their fiduciary duty-first issue-when 'debt' bacame 'due' in terMedia Summary of s12(1) of Act 68/1969-dependent upon categorisation...
Media Summary |
27-May |
| 47 |
Eskom Holdings Ltd v JJ Hendricks obo JJ Hendricks 262/04
Child of 11 years climbing pylon supporting high voltage power lines-negligence of Eskom-failure to take reasonable steps to prevent harm to the public- especially children-anticlimbing device inadequate in the circuMedia Summarytances-...
Media Summary |
27-May |
| 46 |
Nyathi v State 448/04
Six charges of culpable homicide arising from negligent driving of a motor vehicle – driver attempting to overtake in defiance of double barrier line prohibiting overtaking in either direction – negligence found to have been gross...
Media Summary |
23-May |
| 45 |
Maleka v State 408/04
Criminal law – evidence – admissions – question raised whether admission may be taken to have been impliedly made
Media Summary |
20-May |
| 44 |
Chipkin (Natal) Pty Ltd v Commissioner for SA Revenue Services 190/04
Income Tax Act, 58 of 1962 - recoupment by partner (in terMedia Summary of s 8(4)(a)) of pro rata share (calculated in terMedia Summary of s 24H(5)(b)) of allowance (granted in terMedia Summary of s 14 bis) for purchase...
Media Summary |
20-May |
| 43 |
American Natural Soda Ash and Others v Competition Commission of SA and Others 554/03
Constitution – appellate court structure – section 168(3) – appeal lies from Competition Appeal Court to Supreme Court of Appeal – section 173 – court's inherent power to protect and regulate own process...
Media Summary |
13-May |
| 42 |
Greys Marine Hout Bay and Others v Minister of Public Works and Others 347/04
Administrative action – whether decision by Minister to let state land constitutes – whether appellants’ rights or legitimate expectations affected.
Media Summary |
13-May |
| 41 |
Ndlovu v Santam 550/03
Jurisdiction of a magistrate's court in terMedia Summary of s 28(1)(d) of Act 32 of 1944 - dismissal of special plea to jurisdiction under the section is appealable – unaccepted repudiation of contract is not a material ...
Media Summary |
13-May |
| 40 |
Cameron v State 199/04
Statutory interpretation – ‘possession' (of lobsters) – meaning, in Regulation 52 (a), Marine Living Resources Act 18 of 1998.
Media Summary |
11-May |
| 39 |
National Union of Metalworkers of South Africa v Fry's Metals (Pty) Ltd 026/03
Constitution – appellate court structure – section 168(3) – appeal lies from Labour Appeal Court to Supreme Court of Appeal – section 173 – court's inherent power to protect and regulate own process – requirement that special leave ...
Media Summary |
12-Apr |
| 38 |
Commissioner for the SA Revenue Service v TFN Diamond Cutting Works 070/04
Employer – vicarious liability of – for theft by employee of goods entrusted to him – s17(3) of the CustoMedia Summary and Excise Act 91 of 1964 - does not exempt an employer from liability for loss occasioned in consequence of a theft perpetrated by its employee.
Media Summary |
31-Mar |
| 37 |
Moela v Shoniwe 054/04
Act 19 of 1998 (PIE) – appeal against summary judgment evicting unlawful occupier – no compliance with the provisions of s 4(2) – object of s 4(2) not achieved – summary judgment set aside.
Media Summary |
31-Mar |
| 36 |
Estate Agency Affairs Board v McLaggan 161/04
Dishonesty is an element of the offences of contravening paras 1 and 2(1), read with para 30(1)(b) of the Fourth Schedule to the Income Tax Act 58 of 1962 (deducting employees' tax and failing to pay it to Revenue), and of contravening...
Media Summary |
31-Mar |
| 35 |
London Clubs International (Overseas) Investments (Pty) Ltd v Free State Gambling and Racing Board 525/03
Free State Gambling and Racing Act 6 of 1996 – interpretation of s 93(4) – whether responsible Member of the Executive Council entitled to exercise powers and perform functions of Free State Gambling and Racing Board...
Media Summary |
31-Mar |
| 34 |
Western Areas Limited v S 065/04
Dismissal of objection to indictment – whether appealable before close of trial – interpretation of s 21(1) of the Supreme Court Act of 1959 – subsection can permit appeal before end of trial...
Media Summary |
31-Mar |
| 33 |
Private Security Industry Regulatory Authority v Association of Independent Contractors 127/04
Private Security Industry Regulation Act 56 of 2001 – meaning of ‘security service provider' – whether the expression applies to an association which secures security service work for its members who are security officers and independent
Media Summary |
31-Mar |
| 32 |
Fraser v State 258/04
Criminal Procedure - sentence - conspiracy to commit kidnapping - sentence of four years imprisonment set aside and replaced by severe fine plus period of sentence suspended for four years on condition that similar offences not be committed ...
Media Summary |
31-Mar |
| 31 |
Road Accident Fund v Delport 183/04
Delict –personal injuries – Quantum of damages – Assessment of damages for loss of earning capacity and general damages – appeal court declining to interfere with awards made by trial court.
Media Summary |
31-Mar |
| 30 |
SCOTT, FARLAM, CONRADIE, CLOETE
et HEHER JJA 071/04
Application for security for costs – appealability of order granting
application – jurisdictional facts to be established before court empowered to
exercise discretion conferred in terMedia Summary of s 13 of the Companies Act |
30-Mar |
| 29 |
Northern Free State District Municipality v Matshai 090/04
Local Government – meetings – power of speaker of district municipal council to adjourn meeting
Media Summary |
30-Mar |
| 28 |
Absa Bank Limited v Lombard 178/04
Debtor and creditor – money lending transaction – whether lender reasonably exercised discretion to vary applicable interest rate.
Media Summary |
30-Mar |
| 27 |
Hardaker v Phillips 120/04
Defamation - whether words used in judicial proceedings defamatory - whether relevant to an issue in the proceedings – defences of qualified privilege and fair comment. Order in para 24
Media Summary |
30-Mar |
| 26 |
Export Harness Supplies (Pty) Limited v Pasdec Automotive Technologies (Pty) Limited 097/04
Liquidation - final order sought - approach to disputes of fact - s 22 of the Supreme Court Act, 59 of 1959 - in absence of an appeal, affidavit cannot be tendered where refused by a lower court.
Media Summary |
29-Mar |
| 25 |
Gauteng Gambling Board v Silverstar Development Limited 080/04
Review – court a quo substituting its decision for that of administrative tribunal – when justifiable.
Media Summary |
29-Mar |
| 24 |
BOE Bank v City of Tshwane Metropolitan Municipality 240/03
Charge upon property in favour of municipality imposed by s 118(3) of Act 32 of 2000 – does not exclude debts older than two years – preference enjoyed under section also over mortgage bonds registered prior to commencement ..
.Media Summary |
29-Mar |
| 23 |
S v Gentle 317/03
Section 316 of the Criminal Procedure Act 51 of 1977: SCA granting leave to appeal where High Court believing that leave unnecessary but indicating that it would have been refused. Evidence: effect of document ...
Media Summary |
29-Mar |
| 22 |
Aboo v Firstrand Bank Limited 319/04
Appeal against a full court judgment against an appellant who had no right to prosecute the appeal to the full court after his sequestration – application by trustee to be substituted for the appellant ...
Media Summary |
29-Mar |
| 21 |
Commissioner for South African Revenue Service v British Airways Plc 141/04
Value-added tax – passenger service charge levied on operators by Airports Company – whether VAT payable on recovery of charge from passengers
Media Summary |
29-Mar |
| 20 |
Naidoo v National Director of Public Prosecutions 062/04
Order in terMedia Summary of s 342A(3)(c) of the Criminal Procedure Act 51 of 1977 that prosecution not be resumed or instituted de novo without written instruction of Attorney-General - written authorisation by prosecutor...
Media Summary |
29-Mar |
| 19 |
African Bank Ltd v Weiner 051/04
Administration orders – Magistrates' Courts Act 32 of 1944, s 74 – Interrelation to s 65 proceedings – Meaning of ‘costs' in s 74L – Attorney acting as administrator – Entitlement to fees/costs – Collection fee not to be duplicated...
Media Summary |
29-Mar |
| 18 |
Rhode v Stubbs 038/04
Hersiening van besluite van Pniël Oorgangsraad en Departement van Plaaslike Bestuur en Behuising Wes-Kaap – geldigheid van besluite hang enkel daarvan af of daar samesmelting ...
Media Summary |
29-Mar |
| 17 |
Land & Landbouontwikkelingsbank van Suid Afrika v Conradie 452/03
Land – Land Reform – eviction of occupier – S 8(1) and 11(3) of Extension of Security of Tenure Act 62 of 1987 – all factors listed in subsections and other relevant factors to be considered in determining whether just and equitable
Media Summary |
24-Mar |
| 16 |
Clutchco (Pty) Ltd v Davis 035/04
Information – access to – s 32 of Constitution – Promotion of Access to Information Act 2 of 2000, Part 3 – private company – accounting records of first entry – whether shareholder required access thereto for exercise or protection of right
Media Summary |
24-Mar |
| 15 |
Seven Eleven Corporation of SA (Pty) Ltd v Cancun Trading No 150 CC 108/04
On a proper construction of a franchise agreement in respect of a Seven Eleven convenience store, the franchisee is not entitled to the benefit of rebates or early settlement discounts received by the franchisor from suppliers
Media Summary |
24-Mar |
| 14 |
Transvaal Agricultural Union v Minister of Agriculture and Land Affairs 091/03
Restitution of Land Rights Act - appellant alleged irregular exercise of statutory powers by first four respondents - non-joinder of essential parties -appellants seeking guidance in general terMedia Summary and in isolation and in the face of disputed facts...
Media Summary |
23-Mar |
| 13 |
Bay Centre Investments (Pty) Limited v Town Council of the Borough of Richards Bay 477/03
Interpretation of an agreement – meaning and effect of the phrase ‘from the date of completion' and of the words ‘maintenance' and ‘full liability' – whether obligation assumed by a Town Council towards a developer entailed maintenance..
Media Summary |
23-Mar |
| 12 |
Distcor Export Partners v Director General of the Department of Trade and Industry 521/03
Claim for damages by Department of Trade and Industry – director-general of department suing as nominal plaintiff in action – appellants contending that procedure incompetent ...
Media Summary |
23-Mar |
| 11 |
Littlewood v Minister of Home Affairs 160/04
Review – application to Minister of Home Affairs for exemption from s 23 of the Aliens Control Act 96 of 1991 – failure to consider whether ‘special circuMedia Summarytances' existed – decision set aside.
Media Summary |
22-Mar |
| 10 |
Minister of Environmental Affairs v Scenematic Fourteen 085/04
Allocation of fishing rights in terMedia Summary of s 18(1) of Act 18 of 1998 in hake longline sector – Procedure adopted by Minister's delegate procedurally fair, did not preclude him from exercising his discretion and did not involve an abdication of his power...
Media Summary |
22-Mar |
| 9 |
Xaba v State 211/04
Contravention of s 5(b) of the Drugs and Drug Trafficking Act – sentence for dealing in large amount of dagga – police corrupted in process – sentences of 20 and 18years nevertheless too severe ...
Media Summary |
18-Mar |
| 8 |
De Kock v S 244/04
Credible and reliable evidence of indecent assault and assault constitutes prima facie proof of guilt which calls for an answer: appeal against conviction for indecent assault, and sentence in respect of assault, dismissed. |
18-Mar |
| 7 |
The Unlawful Occupiers of the School Site v The City of Johannesburg 036/04
Application for eviction of the appellants under s 6 of Act 19 of 1998 ('PIE') –whether authority to bring application on behalf of the respondent had been established – whether s 4(2) of PIE had been complied with – whether order granted by the court a quo impossible to carry out. |
17-Mar |
| 6 |
G L Ehlers NO and Others v H Graphorn and Others 265/03
Nalatige wanvoorstelling – stilswyende term van 'n ooreenkoMedia Summary. |
15-Mar |
| 5 |
Paarwater v South Sahara Investments (Pty) Ltd 091/04
When is it just and equitable to wind up a company in terMedia Summary of s 344 (h) of the Companies Act 61 of 1973, as amended? – onus on applicant for a final order on the return day to show, on a balance of probabilities...
Media Summary |
03-Mar |
| 4 |
Minister of Safety and Security v De Lima 063/04
Negligence - police - charge of assault withdrawn against applicant for firearm licence - police negligent in not investigating circuMedia Summarytances of assault and its withdrawal - licence granted...
Media Summary |
03-Mar |
| 3 |
Chabedi v State 497/04
Criminal appeal – based on defects in record of proceedings in trial court. Defects in record – not of such a nature as to prevent the proper consideration of the appeal – appeal against conviction on this ground accordingly dismissed....
Media Summary |
03-Mar |
| 2 |
SA Bank of Athens Limited v Van Zyl 431/03
Summary judgment – order not sustainable where facts not fully canvassed in part due to the acceptance by both parties and the court a quo of the correctness of a High Court judgment subsequently found by the SCA ... |
21-Feb |
| 1 |
Road Accident Fund v Makwetlane 649/02
Motor vehicle accidents – compensation – claim for in terMedia Summary of the Road Accident Fund Act 56 of 1996 – validity of reg 2(1)(c)- Regulation not ultra vires.
Media Summary |
17-Feb |
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