SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2005

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(*) Case Correction

  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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms in addendum on terms 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 terms 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 terms of s 8(4)(a)) of pro rata share (calculated in terms of s 24H(5)(b)) of allowance (granted in terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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 terms 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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