Nwamitwa Shilubana v Nwamitwa [2006] SCA 174 (RSA) 11/05
Customary law – whether election of first appellant as Hosi constituted an ad hoc decision to re-establish family line ex post facto not in accordance with custoMedia Summary and traditions of tribe

Media Summary

Director of Public Prosecutions: Transvaal v SI Basson [2006] SCA 173 (RSA) 261/2006
Appeal against sentence – Imposition of direct imprisonment on first respondent imposed – Coupled with special order providing for psychological and psychiatric therapy in the absence of any power to do so or relevant expert evidence – Such amounting to misdirection – Sentence replaced by sentence of 20 years imprisonment – Sentence of house arrest for one year subject to conditions imposed on second respondent who had been in custody for 17 months awaiting trial – No basis for interference

Media Summary

Unilever Bestfoods Robertsons v Soomar [2006] SCA 172 (RSA) 613/05
Prescription – when claim based on acts committed pursuant to a conspiracy prescribes

Media Summary

De Villiers v Potgieter [2006] SCA 170 (RSA) 611/05
Eviction – applicability of doctrine of notice assumed – transfer of property to second purchaser with knowledge of prior sale not a nullity – separate action for setting aside transfer pending – no basis for alleged right to occupy alleged by first purchaser – second purchaser as owner entitled to eviction order – special costs order

Media Summary

Dippenaar v The State [2006] SCA 169 (RSA) 173/06
Sentence – multiplicity of sentences resulting in effective total of 16 years – severity thereof – trial court underemphasising personal circuMedia Summarytances and overemphasising seriousness of offences – misdirection by trial court in not considering unchallenged evidence demonstrating remorse – effective sentence of 16 years sufficiently disparate to sentence proposed on appeal – interference on appeal warranted – appeal upheld

Media Summary

Carter v S [2006] SCA 168 (RSA) 535/2006
Criminal procedure – appeal – condonation – failure to file record of proceedings – responsibility of registrar of High Court in terMedia Summary of s 316(7) of CPA – no lapsing of appeal – SCA rule 8 not applicable to criminal appeals. Criminal procedure – appeal – plea of guilty at trial – failure of trial judge to comply with s 112(2) of CPA – effect. Criminal procedure-appeal – s 322(1) of CPA – failure of justice – meaning in context of non-compliance with s 112(2)

Media Summary

Nkomo v The State [2006] SCA 167 RSA 160/2000
Sentence of life imprisonment imposed for multiple rape of complainant: court using wrong test to determine whether substantial and compelling circuMedia Summarytances were present: sentence set aside and one of 16 years’ imprisonment imposed

Media Summary

Engelbrecht and Van der Walt NNO v Senwes 2006 SCA 166 (RSA) 631/2005
Cession of life policy in securitatem debiti – claim for recession – settlement agreement made order of court - interpretation

Media Summary

Farocean Marine v Minister of Trade and Industry 2006 SCA 165 (RSA) 614/2005
General Export Incentive Scheme – Recovery of benefits unduly paid – Power of Minister to institute action – Prescription – When claim is due – ‘advance … by the State’ (s 11(b) Prescription Act 68 of 1969) - Knowledge of debt and exercise of reasonable care – Section 12(3) Prescription Act 68 of 1969

Media Summary

Reddy v Siemens [2006] SCA 164 (RSA) 251/06
Agreement in restraint of trade – undertaking by employee not to accept employment with employer’s competitor – enforceability of – common-law approach to agreements in restraint of trade – onus of proof

Media Summary

Claase v Information Officer of South African Airways [2006] SCA 163 (RSA) 39/2006
Request for information in terMedia Summary of s 50 of Promotion of Access to Information Act 2 of 2000 – standard of proof in application – when access unreasonably denied – punitive costs order

Media Summary

Gowar Investments v Section 3 Dolphin Coast and Cameron [2006] SCA 162 (RSA) 474/05
Sale of land – non-compliance with ss 2(2A) of Alienation of Land Act 68 of 1981 – agreement voidable at instance of purchaser Sayer v Khan 2002 (5) 688 (C) overruled

Media Summary

Meter NO v Geo Parkes & Son (Pty) Ltd [2006] SCA 161 (RSA) 590/05
No Summary

Media Summary

Yarram Trading v Absa [2006] SCA 160 (RSA) 625/05
Collective Investment Schemes Control Act 45 of 2002 – immovable property registered in name of trustee for collective scheme – locus standi of trustee to seek ejectment of lessee from the property – authority of trustee or manager of scheme to demand rental and cancel lease – whether factual disputes regarding alleged breach of lease determinable on the papers – application of Shifren clause

Media Summary

Oosthuizen v The State [2006] SCA 159 (RSA) 313/06
Magistrate wrongly concluding that appellant ‘has a preponderance of violence’ - circuMedia Summarytances of the case warranting custodial sentence - earlier error and failure to consider a sentence in terMedia Summary of s 276(1)(i) of the Criminal Procedure Act 51 of 1977 requiring this court to intervene

Media Summary

Ndlovu v The State [2006] SCA 158 (RSA) 380/03
Failure to consider factors that cumulatively constitute substantial and compelling circuMedia Summarytances - sentence overturned and substituted

Media Summary

Mano et Mano v Nationwide Airlines (Pty) Ltd and Others [2006] SCA 156 (RSA) 606/05
Agent's claim for commission arising from the sale of two Boeing 737-200 aircraft - first sale falling through because aircraft sold to rival purchaser - aircraft again put on market following cancellation of sale - imminent change in aviation regulations dictating new need for aircraft purchases - observing advertisement for same aircraft in trade journal - negotiating sale directly with seller - agent not effective cause of sale of aircraft

Media Summary

Heslop v S [2006] SCA 155 (RSA) 216/05A
Criminal Appeal: Delay and failure by the registrar of the court a quo to provide an explanation, criticised. Discussed: The role of probabilities in evaluating guilt; inconsistency of evidence with unassailable fact; failure to allow cross-examination; when an appeal court is justified in disregarding favourable credibility findings by a trial judge in respect of a witness’s demeanour; the difficulty of drawing inferences from the location of gunshot wounds; and reasoning based on matters not canvassed in evidence

Media Summary

Thabakholo Landscaping v Hydromulch [2006] SCA 152 (RSA) 496/05
Where an exception to a pleading is taken on the basis that the pleading discloses no cause of action, the exception will not succeed unless no cause of action is disclosed on all reasonable constructions of the pleading in question

Media Summary

S v Tembani [2006] SCA 151 (RSA) 116/02
Criminal law – causation – appellant inflicting wound which without medical treatment would be fatal – later medical treatment negligent and possibly even grossly negligent – does not exempt assailant from responsibility for death – murder conviction confirmed

Media Summary

SA Tourism v Pasis [2006] SCA 150 RSA 102/06
Prescription – Special Plea- Plaintiff’s claim not in respect of an obligation which had to be performed more than three years before service of the summons – Special plea dismissed

Media Summary

Mngomezulu v Van den Heever [2006] SCA 149 (RSA) 626/2005
Restraint order in terMedia Summary of ch 5 of prevention of Organised Crime Act 121 of 1998 – the meaning of surrender as used in s 28(1)(b) – whether residential home subject to surrender

Media Summary

Richman v Ben-Tovim [2006] SCA 148 (RSA) 674/2005
Enforcement and recognition of a foreign judgment- proper meaning to be given to the meaning of international jurisdiction or competence where a South African court called upon in provisional sentence proceedings to enforce default judgment of English court - where personal service of English writ on defendant whilst temporarily physically present in England - service acceptable to render the judgment ‘internationally’ competent in South Africa

Media Summary

Mutual and Federal v Chemalum 2006 SCA 147 (RSA) 683/05
Insurance – Business Interruption section of insurance policy – providing for indemnity for loss of gross profit due to reduction in turnover – insured business affected by damaging fire for period in excess of 12 months – effect of average clause on indemnity for loss of gross profit

Media Summary

Anglo Operations v Sandhurst [2006] SCA 146 (RSA) 634/05
Mineral rights – when holder is entitled to conduct open cast mining - related issue concerning diversion of stream to facilitate open cast mining activities

Media Summary

Van Deventer v Van Deventer [2006] SCA 144 (RSA) 88/06
Will – interpretation – price of farm to be its ‘Land Bank valuation’ – does not require Land Bank itself to determine the price

Media Summary

Desert Palace Hotel Resort v Northern Cape Gambling Board [2006] SCA 143 (RSA) 630/05
A ‘holder of a licence’ as contemplated by s 65 of the Northern Cape Gambling and Racing Amendment Act 5 of 1996, and s 81 of Act 6 of 2000 must have had a licence physically ‘issued’ for it to be liable for payment of gambling levies and penalties

Media Summary

Jacobs v Braaff [2006] SCA 142 (RSA) 603/2005
Insurance – motor vehicle extension clause – right in executor of authorized driver to compel insured to submit claim for indemnity to insurer arising from tacit term of agreement for use of the vehicle

Media Summary

Monyane and Others v The State [2006] SCA 141 (RSA) 160/01
Appeal – generally – evaluation of evidence and trial court's findings. Sentence – power of court on appeal to interfere

Media Summary

Telcordia Technologies Inc v Telkom SA [2006] 139 SCA (RSA) 26/05
Arbitration – review of award – grounds for setting aside

Media Summary

Northwest Provincial Government v Tswaing Consulting CC [2006] SCA 138 (RSA) 190/2005
Appeal – postponement – refused where litigant and attorney knew appeal pending but did nothing despite reminders – Fraud inducing contract – victim entitled to rescind – rule as to evidence regarding forfeiture of election restated – Restitution when fraudulently induced contract rescinded – once victim establishes fraud, and entitlement to rescind contract, it is entitled to repayment in the absence of evidence showing that restitution would be unjust

Media Summary

National Director of Public Prosecutions v Van Staden [2006] SCA 135 (RSA) 531/2005
Chapter 6 of the Prevention of Organised Crime Act 121 of 1998 – motor vehicle an ‘instrumentality’ of the offences of driving under the influence of intoxicating liquor and driving with excess alcohol in the blood

Media Summary

Shaik v The State (1) [2006] SCA 134 (RSA) 62/06
Businessman and several corporate entities paying highly placed public official with significant political influence to intervene in commercial negotiations/transactions for their benefit - held to have contravened s 1(1)(a)(i) or (ii) of the Corruption Act 94 of 1992 irregular write-offs of loans in annual financial statements - constituting fraud - admissibility of ‘encrypted fax’ in terMedia Summary of s 3 of the Law of Evidence Amendment Act 45 of 1988 - together with other evidence proved a conspiracy to bribe public official - sentence - seriousness of offence of corruption discussed - no substantial and compelling circuMedia Summarytances justifying departure from prescribed minimum sentences

Media Summary

Shaik v The State (2) [2006] SCA 134 (RSA) 248/06
Prevention of Organised Crime Act 121 of 1998 – s 18(1) confiscation – absence of direct benefit from crime – indirect benefit derived through shareholding in company sufficient; s 18(1) – same proceeds of crime passed through different hands – multiplicity of orders appropriate; s 1 ‘proceeds of unlawful activities’ – means gross proceeds without subtraction of costs laid out to obtain the result – whether appropriate to order confiscation of both value of shares and dividends used to acquire the shares – no duplication in the circuMedia Summarytances – no disproportion in ordering confiscation of both; s 18(1) – rearrangement of shares resulting in pay out of value – although mechanistically connected with crime not tainted by such crime in the circuMedia Summarytances

Media Summary

Transnet Limited v PNN Chirwa [2006] SCA 131 (RSA) 024/2005
Jurisdiction in an employment dispute raising a constitutional issue - whether Labour Court has exclusive jurisdiction in such matters. Termination of employment contract by a state organ - whether that constitutes administrative action under s 1 of PAJA or may violate s 33 of the Constitution. Order in para 18

Media Summary

Drifters Adventure Tours v Hircock [2006] SCA 130 (RSA) 602/2005
Interpretation of an exemption clause read with conditions where the driver of a tour bus was negligent

Media Summary

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd [2006] SCA 129 (RSA) 588/05
Private Security Industry Regulation Act 56 of 2001 – the Minister may grant indefinite exemptions under the Act – the Act does not empower the Minister subsequently to make regulations which impose supervening limitations on such exemptions

Media Summary

Automotive Tooling SysteMedia Summary v Wilkens [2006] SCA 128 (RSA) 581/05
Restraint of trade covenant. ‘Independent contractor’ agreement entered into to circumvent provisions of Labour Relations Act 66 of 1995 construed as contract of employment – Interdict sought to restrain ex-employees from using their skill and knowledge in manufacturing marking machines for competitor. Employer has no proprietary interest in the general skills and knowledge of its ex-employees upon termination of an employment contract. Restraint contrary to public policy found unenforceable

Media Summary

Crown Chickens (Pty) Ltd v Rieck [2006] SCA 127 (RSA) 483/05
Delictual liability – shooting at speeding vehicle to prevent escape – whether reasonable – Compensation for Occupational Injuries and Diseases Act – employer – whether includes client of a labour broker

Media Summary

Sithole v The State [2006] SCA 126 (RSA) 54/06
Evidence – contradictions in the evidence of witnesses not sufficiently material to justify rejection of the state’s version

Media Summary

Prosch v Impala Water Users’ Association [2006] SCA 125 (RSA) 428/05
Water – National Water Act 36 of 1998 – water user association – constitution of - power to assess water use charges –whether properly compiled assessment roll prerequisite to liability – whether association empowered to assess water use charges to raise funds to pay any debt legally due by it

Media Summary

Popela Community & Others v Goedgelegen Tropical Fruits (Pty) Ltd [2006] SCA 124 (RSA) 441/05
Restitution of Land Rights – no causal connection between racially discriminatory law or practice and dispossession where farmer terminating labour tenancies for reasons of productivity and efficiency

Media Summary

Road Accident Fund v Smith [2006] SCA 123 (RSA) 334/05
Motor Vehicle Accidents – compensation – claim in terMedia Summary of s 17(1)(b) of the Road Accident Fund Act 56 of 1996 – failure by claimant to comply with regulation 2(1)(c) – Fund competent to waive compliance with regulation 2(1)(c) despite the peremptory nature thereof

Media Summary

Garrido v DPP [2006] SCA 122 (RSA) 177/05
Extraditon – enquiry under 59, Act 67 of 1962 – respondent can adduce evidence on issues relevant under s 11

Media Summary

Government Employees Pension Fund v Buitendag [2006] SCA 121 (RSA) 550/05
Government Employees Pension Fund : Board has a discretion to decide which ‘dependants’ shall be paid the gratuity payable on the death of a deceased member and in what proportions; decision to award the gratuity to the husband and/or stepson of the deceased member set aside on review where board ignorant of the existence of major children of the deceased member who qualified as ‘dependants’; the obligation on an employer to provide information to the Fund defined

Media Summary

DPP, Transvaal v Mtshweni [2006] SCA 120 (RSA) 52/06
Where the presiding judge at a trial believes, albeit mistakenly, that the evidence of a witness is essential to the just decision of the case, in terMedia Summary of s 186 of the Criminal Procedure Act 51 of 1977, and fails to call such witness, he makes an error of law. If the error is one on which the acquittal of an accused turns then there is a grave irregularity in the proceedings and the court of appeal is bound to order a retrial on the same or amended charges. Question of law reserved answered in favour of the State, and institution of retrial ordered

Media Summary

Commissioner, SA Revenue Service v Motion Vehicle Wholesalers [2006] SCA 119 (RSA) 509/05
Revenue – CustoMedia Summary and Excise Act 91 of 1964 – Classification of goods for purposes of custoMedia Summary duty ; whether vehicles imported by the respondent, with temporary modifications to increase their seating capacity, should be classified as vehicles for the transport of either less than ten persons or of ten or more persons

Media Summary

Commissioner, SA Revenue Service v Komatsu SA (Pty) Ltd [2006] SCA 118 (RSA) 448/05
Revenue – CustoMedia Summary and Excise Act 91 of 1964 – Classification of goods for the purposes of custoMedia Summary duty; whether a machine imported by the respondent should be classified as a front-end shovel loader

Media Summary

Minister of Safety & Security v N Folo & 2 Others [2006] SCA 117 (RSA) 435/05
Interpretation of s 49(2) of Act 51 of 1977 – The meaning to be given to the section as it was prior to being struck down as unconstitutional

Media Summary

Heneways Freight Services v Klaus Grogor [2006] SCA 116 (RSA) 387/2004
Whether the conduct of the respondent constituted fraud or recklessness within the meaning of s 424(1) of the Companies Act, 1973 rendering him personally liable for the debts of a company of which he was the sole director and manager of its business

Media Summary

Rustenburg Platinum Mines Ltd v CCMA [2006] SCA 115 (RSA) 598/05
Labour Relations Act 66 of 1995 – Commission for Conciliation, Mediation and Arbitration – powers of arbitrators regarding dismissals – decision on workplace remedy lies primarily with employer – arbitrators must exercise caution before interfering – Labour Appeal Court – proper test for review of CCMA arbitrators’ decisions restated

Media Summary

Plit v Imperial Bank Ltd [2006] SCA 113 RSA 70/05
Purchase and sale – warranty against eviction – whether excluded in instalment sales agreement with bank

Media Summary

Nedcor Bank v Rundle [2006] SCA 112 RSA 455/05
Prescription – interruption of running of extinctive prescription – when does impediment in section 13(1)(g) cease to exist

Media Summary

Relyant Trading (Pty) Ltd v Shongwe [2006] SCA 111 RSA 472/05
Liability for wrongful arrest and malicious prosecution – grounds for – reasonable and probable cause

Media Summary

Howick District Landowners Association v uMngeni Municipality [2006] SCA 107 (RSA) 423/05
Local government – interpretation of municipality’s resolutions – not to be read incoherently – legislative instruments expressly connected to be read together – authority municipality intended to invoke clear – no need to mention source of authority – Municipal valuation rolls – municipality exercising power under Local Government Transition Act 209 of 1993 – publication procedures set out in provincial ordinances not applicable

Media Summary

Allers v Fourie [2006] SCA 106 (RSA) 491/2005
Previous court order consolidating administration of separate insolvent estates - effect on proved creditors in one of constituent estates -interest of applicant as requirement for declaratory order - costs order de bonis propriis against trustees - whether justified by non-compliance with s 73 of Insolvency Act 24 of 1936 and/or by improper conduct on the part of trustees

Media Summary

Sassman v The State [2006] SCA 105 (RSA) 78/06
Criminal Law – Sentence – Appropriate sentence for motor vehicle theft

Media Summary

Madzunye v Road Accident Fund [2006] SCA 103 (RSA) 017/2006
Motor vehicle accident – Claim for compensation in terMedia Summary of s 17 of Road Accident Act 56 of 1996 – Causal negligence of driver of vehicle turning right at robot-controlled intersection at inopportune moment in face of oncoming traffic thus causing an oncoming vehicle to swerve and consequently collide with another vehicle – Respondent’s opposition to the appeal unjustified where court a quo clearly misconstrued the issues – On appeal attorney-client costs against it warranted

Media Summary

The Minister of Water Affairs and Forestry and Others v Durr and Others [2006] SCA 101 (RSA) 278/05
Veld fire – failure by landowner to prevent spread of fire to neighbouring farMedia Summary – whether omission unlawful – whether presumption of negligence rebutted

Media Summary

Hartley v Pyramid Freight (Pty) Ltd [2006] SCA 100 (RSA) 498/05
Contract: caveat subscriptor; party to a contract allowing his wife to sign knowing that the contract would contain terMedia Summary and conditions: thereafter contending that the other party’s representative knew or ought to have known that he was unaware of the ambit of exclusionary clauses; unilateral mistake not excusable

Media Summary

Klopper v Schreuder [2006] SCA 99 (RSA) 499/05
Vordering vir advokateloon – respondent beweer loon slegs betaalbaar indien hy saak voor arbeidshof wen – appellante beweer sy was by ander gebeurlikhede ook op vergoeding geregtig – appellante slaag nie daarin om haar weergawe van ooreenkoMedia Summary te bewys nie

Media Summary

First Rand Ltd v Scholtz NO [2006] SCA 98 RSA 373/05
Mandement van spolie – statutory water rights – contractual use of pipeline – whether closure of pipeline spoliation

Media Summary

Minister of Finance v Gore NO [2006] SCA 97 (RSA) 230/2006
Prescription Act 68 of 1969 – ‘knowledge’ of ‘the facts from which’ debt arises – must be justified, true belief – unjustified suspicion not constituting knowledge – Vicarious liability – for employee’s deliberate dishonesty – employees’ actions, though fraudulent, closely resembling what they were employed to do – policy considerations supporting imposition of liability for fraud – Causation – company proving that without fraud, tender would have been awarded to it

Media Summary

MEC for Public Works, Roads and Transport v Esterhuizen [2006] SCA 96 (RSA) 488/05
Serious allegations of impropriety made against the trial judge. The allegations were abandoned on appeal without apology or explanation. Punitive costs order as between attorney and client imposed as a mark of court’s opprobrium

Media Summary

Mittalsteel SA Ltd v Hlatshwayo [2006] SCA 94 (RSA) 326/05
Promotion of Access to Information Act 2 of 2002 – appellant a public body when documents requested by respondent were created – immaterial that appellant now a private body – tests for the determination of whether a body public for purpose of Act

Media Summary

City of Cape Town v Helderberg Park Development (Pty) Ltd [2006] SCA 93 RSA 429/05
Expropriation; determination of market value; effect of s 12(5)(f) of the Expropriation Act 63 of 1975; Pointe Gourde principle

Media Summary

Naylor v Jansen [2006] SCA 92 (RSA) 508/05
Defamation - offer of settlement, rule 34(12) - discretion as to costs - when an appeal court will interfere. The damages awarded by the trial court were reduced on appeal to an amount less than that tendered by the defendants. The trial court nevertheless refused to amend the costs order in favour of the plaintiff. This court refused to interfere and further refused to give a costs order in favour of the defendants in respect of the previous appeal

Media Summary

Sandu & v Minister of Defence & Others [2006] SCA 90 (RSA) 306/05
Military labour relations – whether legally enforceable duty on South African National Defence Force as employer to bargain collectively with military trade union – if such a duty whether the employer unfairly refused to bargain – whether military trade union entitled to interdict to prevent restructuring of defence force pending decision by Military Arbitration Board

Media Summary

SABC v Downer NO and Shaik [2006] SCA 89 (RSA) 435/06
Live television and radio coverage of appeals in SCA sought – competing constitutional rights of broadcaster and litigant, especially latter’s fair trial right – Court’s discretionary power in s 173 of Constitution to regulate its own ‘process’ in the interests of justice – held in the circuMedia Summarytances that such interests warranted disallowing the requested broadcasts

Media Summary

Society of Lloyd’s v Price; Society of Lloyd’s v Lee [2006] SCA 87 (RSA) 327/05
Prescription – extinctive prescription – conflict of laws –whether lex fori, South African law, determined issue of prescription and not lex causae, English law – recognition and enforcement by South African court of English judgment – international jurisdiction of English court – whether enforcement of English judgment contrary to South African public policy

Media Summary

MV Spirit of Namibia [2006] SCA 86 RSA 33/06
Sale of ship pendente lite in terMedia Summary of s 9(1) of Act 105 of 1983

Media Summary

Tsogo Sun Holdings (Pty) Ltd v Shan [2006] SCA 85 (RSA) 374/05
Delict - liability of owner/occupant of casino to patron/client for injuries caused by another patron/client

Media Summary

MEC: Welfare (KZN) v Machi [2006] SCA 83 (RSA) 333/05
Whether an order of costs de bonis propriis suspended pending the furnishing of further affidavits is appealable

Media Summary

Lourens NO v Impala Water Users Association [2006] SCA 82 (RSA) 534/2004
Water – National Water Act 36 of 1998 – water user association – power to make and collect water use charges under s 57 – restriction of water supply to defaulting user under s 59(3) – procedure – whether debt may be proved in court proceedings for order authorizing such restriction – proof of debt – evidence

Media Summary

Legal Aid Board v Pretorius [2006] SCA 81 (RSA) 332/05
Application for leave to appeal - trial judge directing Legal Aid Board to provide alternative legal representation on basis that counsel representing accused together with others had too heavy a workload to provide effective representation ...

Media Summary

Rootman v The President of the Republic of South Africa [2006] SCA 80 RSA 016/06
Where a foreign state does not comply with an order of a South African court the South African government does not have a duty to intercede on behalf of the judgment creditor to assist in ensuring compliance

Media Summary

Samsudin v De Villiers Berrange NO [2006] SCA 79 (RSA) 170/2005
Liquidated debt in terMedia Summary of s 9(1), Acts of Insolvency in terMedia Summary of ss 8(a) and 8(d) read with s 12(1) of the Insolvency Act 24 of 1936 and the requirements of service of an application for a provisional sequestration order and matters to be disclosed therein

Media Summary

De Beer v The State [2006] SCA 78 (RSA) 10/06
A high court may not assume jurisdiction over offences committed beyond its territorial limits. The extension of territorial jurisdiction of magistrates’ courts to four kilometres beyond their boundaries in terMedia Summary of s 90(2)(a) of the Magistrates’ Courts Act 32 of 1944 has no bearing on the territorial jurisdiction of high court as described in s 19(1)(a) of the Supreme Court Act 59 of 1959

Media Summary

Saincic v Industro-Clean (Pty) Ltd [2006] SCA 77 (RSA) 229/05
Company Law – s 424, Companies Act 61 of 1973 – declaration of liability where business of company conducted fraudulently or recklessly by director – insufficient evidence to bring case within ambit of section

Media Summary

Zola Kenneth Gunqisa and Others v The State [2006] SCA 76 (RSA) 504/2005
Evidence – Reasonable possibility that the defence version is true – Accused entitled to acquittal

Media Summary

Melamed Finance v VOC Investments [2006] SCA 75 (RSA) 364/05
Bill of Exchange - printed cheque with date thereon altered in manuscript - instrument not regular on the face of it - holder thereof not qualifying as holder in due course

Media Summary

Mambo v The State [2006] SCA 74 (RSA) 143/01
Three accused escaping from lawful custody. Court orderly murdered in the process. Murder not reasonably foreseeable by one of the accused. Conviction of murder on the basis of the common purpose doctrine not competent. Sentence – Prescribed sentence of 15 years’ imprisonment for robbery. Whether substantial or compelling circuMedia Summarytances exist

Media Summary

MEC Public Works, Roads & Transport: Free State Provincial Government v Phuthanang Transport Service [2006] SCA 73 (RSA) 51/2005
Interpretation and application of s 18 of the Free State Passenger Transport Act 16 of 1998 read with regulations 7 and 8 of the regulations promulgated under the Act

Media Summary

Rasengani v The State [2006] SCA 66 (RSA) 008/04
Criminal Procedure – prescribed minimum sentence – duty of trial judge to call evidence on sentence where necessary

Media Summary

Harmony Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry [2006] SCA 65 (RSA) 269/05
Directive in terMedia Summary of s 19(3) of the National Water Act 36 of 1998 – gold mining company required to take anti-pollution measures in respect of pollution on its land but such measures to be taken on land of other gold mines – whether directive empowered by s 19(3).

Media Summary

The Commissioner of South African Revenue Services v BP South Africa (Pty) Ltd [2006] SCA 60 (RSA) 92/05
Income tax – s 11(a) of Income Tax Act 68 of 1962 – interest paid by company in respect of loan granted at time dividend declared – loan obtained not to pay dividend but to produce income – rental paid in advance in respect of long leases – expenditure of capital nature

Media Summary

Summerley v Law Society, Northern Provinces [2006] SCA 59 (RSA) 270/05
Attorney struck from the roll by court a quo – misconduct not involving dishonesty – decided that he should rather be suspended from practice with further restrictions imposed after expiry of suspension period

Media Summary

Minister of Environmental Affairs and Tourism v George [2006] SCA 57 (RSA) 437/2005
Equality Court – power under Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 to refer case to ‘appropriate forum’ – court has discretion – when not exercised, no ‘judgment or order’ capable of being appealed – leave to appeal against orders of equality court in any event required

Media Summary

MEC for Roads & Public Works v Intertrade Two (Pty) Ltd [2006] SCA 34 (RSA) 047/2005
PAIA 2 of 2000 s 7(1) – whether tenderer instituting application for review in terMedia Summary of uniform rule 53 against public body that had called for tenders is precluded from seeking order for production of documentation relating to the tender adjudication which allegedly falls...

Media Summary

Unitas Hospital v Van Wyk [2006] SCA 32 (RSA) 231/2005
Access to information - s 50 of Promotion of Access to Information Act 2 of 2000 - meaning of ‘required’ for exercise of protection of right - when available to compel pre-action production. (Order in para 27.)

Media Summary

D & H Piping SysteMedia Summary (Pty) Ltd v Trans Hex Group Ltd [2006] SCA 31 (RSA) 119/05
Contract - (1) purchase and sale: The concept of a ‘manufacturing seller’ liable for consequential loss arising from a latent defect in the article sold, defined and expertise held irrelevant; (2) incorporation of standard terMedia Summary and conditions by a course of dealing on the basis quasi-mutual assent, discussed

Media Summary

Thorpe v Trittenwein [2006] SCA 30 (RSA) 71/05
Agreement for sale of immovable property signed by one of three co-trustees - in absence of authority in trust deed, such a trustee to be regarded as an ‘agent’ within the meaning of s 2(1) of the Alienation of Land Act 68 of 198

Media Summary

City of Johannesburg v Debbie Investments CC [2006] SCA 29 (RSA) 601/04
Delictual claim for flood damage to property; expert testimony inconclusive. Court should not venture its own opinion

Media Summary

Gerber v The State [2006] SCA 28 (RSA) 353/2005
Eerste oortreder skuldig bevind aan motordiefstal - duikklopper - geld as verswarende oMedia Summarytandigheid - geen besondere versagtende persoonlike oMedia Summarytandighede - vonnis van tien jaar waarvan drie opgeskort treffend onvanpas in lig van huidige vonnisvlakke - vonnis vervang met een van sewe jaar gevangenisstraf waarvan twee jaar opgeskort

Media Summary

Tsung v Industrial Development Corp of SA Ltd [2006] SCA 27 (RSA) 79/05
Attachment to found or confirm jurisdiction – consent to jurisdiction – after attachment – cannot undo attachment

Media Summary

Transnet Ltd v Tshabalala [2006] SCA 25 (RSA) 151/2005
Contributory negligence - apportionment of fault - Appeal court’s assessment differing substantially with that of the trial court

Media Summary

Hirschowitz Flionis v Bartlett and Another [2006] SCA 24 (RSA) 546/04
Delict – Aquilian action – legal duty to act without negligence – Practising attorney under such duty when dealing with money in trust account and insufficiently informed as to the identity of the depositor or the purpose of the deposit

Media Summary

Nonyane v The State [2006] SCA 23 (RSA) 256/05
Rape - version of complainant not corroborated - no reason to reject appellant’s evidence and that of defence witness - guilt not proved

Media Summary

Marvanic Development (Pty) Ltd v Minister of Safety and Security [2006] SCA 20 (RSA) 232/05
Section 68(6) of the National Road Traffic Act 93 of 1996 prohibits the possession of vehicles where their engine or chassis numbers have been falsified. Where vehicles are seized by the police, the persons from whom they have been seized may not, where they are not prosecuted for any offence, claim return of the vehicles simply by reason of their ownership. Possession while the falsification still exists is ‘without lawful cause.’

Media Summary

Leo Manufacturing CC v Robor Industrial (Pty) Ltd t/a Robor Stewarts & Lloyds [2006] SCA 19 (RSA) 608/2004
Rule 49(3) of the Magistrates’ Court Act, 32 of 1944 precludes a Magistrates’ Court from rescinding a default judgment in the absence of the applicant for rescission setting out the grounds of the defendant’s defence to the claim. This is so even if the proceedings in which the judgment was obtained are a nullity

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Road Accident Fund v G S O Guedes [2006] SCA 18 (RSA) 611/2004
Damages in respect of future loss of earnings. Misdirection by a court - a quo - and the approach of an appeal court in consequence thereof

Media Summary

Truter v Deysel [2006] SCA 17 (RSA) 043/2005
Prescription Act 68 of 1969 - s 12(3) - commencement of running of prescription in respect of claim for damages for medical negligence – meaning of ‘ knowledge of …the facts from which the debt arises’ for purposes of s 12(3) in the context of such a claim

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Chenia & Sons CC v Lamé & Van Blerk [2006] SCA 16 (RSA) 303/05
Contractual claim – not based on tacit contract as contended for by the defendant – evidence departing from pleadings – question one of prejudice to the other side

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S v Roslee [2006] SCA 15 (RSA) 296/05
Appeal against sentence by State - misdirections - sentence shockingly light - minimum sentence provisions - approach to be followed - sentence set aside and substituted

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Minister of Safety and Security v Luiters [2006] SCA 13 (RSA) 213/05
Off-duty policeman pursuing persons who had attempted to rob him - whether appellant vicariously liable for the shooting of an innocent third party who was rendered a tetraplegic - answer in the affirmative

Media Summary

S Smith v RAF [2006] SCA 12 (RSA) 164/2005
Motor Vehicle Insurance - Road Accident Fund Act 56 of 1996 - liability of Fund to indemnify negligent defendant. Damages - Apportionment of Damages Act 34 of 1956, s 2(1) - whether Road Accident Fund a joint wrongdoer with negligent defendant

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National Director of Public Prosecutions v Mohunram [2006] SCA 11 (RSA) 173/05
Prevention of Organised Crime Act 121 of 1998 - forfeiture - gambling premises - instrumentality of an offence - proportionality

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South African Revenue Services v Desmonds Clearing and Forwarding Agents CC [2006] SCA 10 (RSA) 39/05
Revenue – custoMedia Summary and excise – goods in transit – temporary storage thereof within Republic not amounting to diversion of goods to destination other than that declared on bill of entry in contravention of s 18(13) of CustoMedia Summary and Excise Act 91 of 1964

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Sackstein NO v Proudfoot SA (Pty) Limited [2006] SCA 9 (RSA) 141/05
Company - insolvency - time when company must be unable to pay all its debts in terMedia Summary of s 340 (1) of the Companies Act, 61 of 1973. Restitution - cancellation - obligation to tender to return benefits received or explain lack of tender

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Bergkelder Bpk v Vredendal Koöp Wynmakery [2006] SCA 8 (RSA) 105/05
Trade marks; container marks; capability of distinguishing

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Botha v Botha [2006] SCA 7 (RSA) 393/04
Divorce – forfeiture of patrimonial benefits of the marriage – proceeds of two insurance policies taken out by the defendant (husband) on the life of his father – application of three factors referred to in s 9 of the Divorce Act 70 of 1979

Media Summary

S v Charzen [2006] SCA 6 (RSA) 344/05
Criminal law – Evidence – Identification – Error in description of attacker – Error unignorable, and not explained – Doubt created about other aspects of identification – Absence of physical evidence (fingerprints or retrieved iteMedia Summary) creating reasonable doubt

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R Green and Another v The State [2006] SCA 3 (RSA) 008/06
Criminal Procedure – bail – refusal – Court’s discretion to invoke s 60(3) Act 51 of 1977

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Hanekom v Builders Market Klerksdorp (Pty) Ltd [2006] SCA 2 (RSA) 63/05 *
Interpretation of s 52 of the Close Corporations Act 69 of 1984 where the corporation has only one member

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National Sorghum Breweries Ltd v Corpcapital Bank Ltd [2006] SCA 1 (RSA) 50/2005
Contract - interpretation - non-variation clauses found not applicable to subsequent cession agreements

Media Summary