SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2007

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(*) Case Correction

  Citation & Summary
Delivered
174

Allianz Insurance Ltd v RHI Refractories Africa (Pty) Ltd [2007] SCA 174 (RSA) 616/06*
Short-term insurance, ordinary rules of interpretation of contracts applicable. Special exclusion clause providing that the insurer will only indemnify the insured should ‘unintended damage’ result from a particular defect. Insurer held liable.

Media Summary

03 Dec
173

Le Roux v Hon Magistrate Mr Viana [2007] SCA 173 (RSA) 494/06
Warrants – whether s 69(3) excludes ‘books and documents’ in electronic form in the possession of a third party.

Media Summary

30 Nov
172
Menqa & Another v Markom & Others [2007] SCA 172 (RSA) 604/06
Sale in execution of residential property – s 66(1)(a) of Magistrates’ Courts’ Act 32 of 1944 – warrant of execution invalid as issued by clerk of magistrate’s court without judicial oversight as required by Jaftha v Schoeman; Van Rooyen v Stoltz 2005 (2) SA 140 (CC) – sale in execution also invalid and not saved by s 70 of Act 32 of 1944 – sale in execution and all subsequent sales of property declared null and void – appropriate remedy
Media Summary
30 Nov
171

Whitehead v The State [2007] SCA 171 (RSA) 197/07 *
Criminal Law and Procedure – common purpose in the context of culpable homicide and public violence – whether duplication of convictions – sentence of 8 years confirmed – order contained in para 49.

Media Summary

30 Nov
170

Qualidental Laboratories v Heritage Western Cape [2007] SCA 170 (RSA) 647/06
National Heritage Resources Act – demolition permit with condition – whether provincial heritage resources authority has the power to impose conditions when granting demolition permit in respect of structure enjoying no formal protection in terms of the Act – condition not in conflict with principle of legality.

Media Summary

30 Nov
169

DPP, Western Cape v Killian [2007] SCA 169 (RSA) 690/06*
A criminal trial is not unfair, fundamentally or at all, simply because the prosecutor also interrogated the accused at an earlier statutory inquiry at which the latter was denied the right to silence and the right against self-incrimination

Media Summary

30 Nov
168

Shaikh v Standard Bank [2007] SCA 168 (RSA) 27/07
The erroneous reference to a statutory provision or failure to refer to the applicable section does not render a notice for recovery of Vat by SARS invalid.

Media Summary

29 Nov
167

Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others [2007] 167 SCA (RSA) 673/06
Neighbour law – nuisance – golf course – easonable steps to avoid excessive strikes by badly hit golf balls.

Media Summary

29 Nov
166

Aartappel Koöperasie Bpk v PriceWaterhouseCoopers [2007] SCA 166 (RSA) 055/07
Security for costs – exercise of discretion in the strict sense by trial court – appeal against – necessary to show material misdirection.

Media Summary

29 Nov
165

Millennium Waste Management v Chairperson Tender Board [2007] SCA 165 (RSA) 31/07
The award of tenders constitutes administrative action and consequently must comply with requirements of the Promotion of Administrative Justice Act 3 of 2000 and s 217 of the Constitution

Media Summary

29 Nov
164

Hammond v State [2007] SCA 164 (RSA) 320/07
Appeal against conviction and sentence for drug-dealing in terms of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992: whether evidence of a police trap was admissible in terms of the Criminal Procedure Act 51 of 1977. Appeal against conviction dismissed; sentence reduced from 12 to five years’ imprisonment, two of which suspended

Media Summary

29 Nov
163

Hosmed Medical Aid Scheme v Thebe Ya Bophelo Healthcare [2007] SCA 163 (RSA) 015/07
Order of High Court, Pretoria setting aside an arbitration appeal tribunal’s award confirmed on basis that tribunal had exceeded its powers. Dispute referred to new appeal tribunal in terms of s 33(4) of the Arbitration Act 42 of 1965.

Media Summary

29 Nov
162

Be Bop a Lula v Kingtex [2007] SCA 162 (RSA) 042/07*
Compromise - cheque sent in ‘full and final settlement of account’ – whether offer of compromise – deposit of cheque – whether acceptance of offer of compromise

Media Summary

29 Nov
161
Bezuidenhout v Director of Public Prosecutions [2007] SCA 161 (RSA) 175/07
Criminal procedure – appeal – special entry – application for – duty of judge; Criminal procedure – appeal – further evidence – application to admit – duty of judge; Criminal procedure – trial – application for postponement after conviction to consult expert in relation to sentence – refusal – approach of court
29 Nov
160

Carmel Trading Company Limited v CSARS [2007] SCA 160 (RSA) 447/07
Civil procedure ─ preservation order ─ sale of goods in foreign jurisdiction

Media Summary

29 Nov
159

Chagi v Special Investigating Unit [2007] SCA 159 (RSA) 89/07
Special Investigating Units established in terms of Act 74 of 1996 - separate juristic entities – liability for the wrongful acts of the one does not devolve upon the other

Media Summary

29 Nov
158

L Venter obo A Klaasen v Road Accident Fund [2007] SCA 158 (RSA) 660/2006
Claim for damages arising out of injuries sustained by a pedestrian in a hit and run motor vehicle accident – whether negligence of the driver established by the single eyewitness account and by inferences to be drawn from the facts

Media Summary

29 Nov
157

Shabalala v Metrorail [2007] SCA 157 (RSA) 062/07
Commuter shot and robbed on train – action for damages – Metrorail could not be expected to have had a security guard in each and every carriage

Media Summary

28 Nov
156

Price v Minister of Correctional Services [2007] SCA 156 (RSA) 511/2006
Meaning of ‘date of release’ in s 276A(3)(a)(ii) of Act 51 of 1977 in relation to a prisoner to whom the provisions of Act 8 of 1959 relating to placement under community corrections are applicable – Person serving a sentence on parole not entitled to have sentence reconsidered in terms of s 276A(3)(a)(ii) of Act 51 of 1977

Media Summary

28 Nov
155

MEC for Education v Strauss [2007] SCA 155 (RSA) 640/06
South African Schools Act 84 of 1996 – s 60 - Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) – s 35 – educator doing part-time discus training injured – whether s 35(1) of COIDA applicable

Media Summary

28 Nov
154

Cecil Nurse (Pty) Ltd v Nkola [2007] SCA 154 (RSA) 176/2006
Contract – clause requiring alterations to a suretyship agreement to be ‘agreed to in writing by the creditor’ to be binding – whether creditor precluded from relying on terms of suretyship agreement presented to it by surety duly executed but subsequently alleged by surety to have been presented by mistake

Media Summary

28 Nov
153

Minister of Land Affairs and Agriculture v D & F Wevell Trust [2007] SCA 153 (RSA) 171/06
Motion proceedings: requirements that must be satisfied where a respondent, who is not able to deliver affidavits deposing to a defence, requests a referral to oral evidence or trial, set out

Media Summary

28 Nov
152

Body Corporate of Greenacres v Greenacres Unit 17 CC [2007] SCA 152 (RSA) 521/06*
Sectional Titles Act 95 of 1986: Arbitration: Management rule 71(1) interpreted

Media Summary

28 Nov
151

Appels v The State [2007] SCA 151 (RSA) 303/07
Appeal against conviction for murder dismissed. No reasonable possibility that accused's version May be true

Media Summary

28 Nov
150

NDPP v Vermaak [2007] SCA 150 (RSA) 368/06
Prevention of Organised Crime Act 121 of 1998 – instrumentality of an offence – motor vehicle driven under the influence of intoxicating liquor – whether appropriate that vehicle be forfeited

Media Summary

28 Nov
149

DG Department of Home Affairs v Mavericks Revue CC [2007] SCA 149 (RSA) 576/06
Immigration Act and Regulations – corporate permit – whether work permit for a corporate worker attracts the fee payable for a general work permit contemplated by s 19 – discretion to require security for repatriation – whether properly exercised

Media Summary

28 Nov
148

Road Accident Fund v Rampukar/Road Accident Fund v Gumede [2007] SCA 148 (RSA) 543/06
Section 3(1)(a) of Act 41 of 2001 – jurisdiction under s 19 of Supreme Court Act 59 of 1959 on part of transferring court not a requirement – operation of section not limited to areas affected by change of jurisdiction under s 2 of the Act

Media Summary

28 Nov
147

CSARS v Airworld CC [2007] SCA 147 (RSA) 672/2006
Revenue – Secondary Tax on Companies – when payable where loans made to a discretionary trust – interpretation of the word ‘beneficiary’ in definition of ‘recipients’ in s 64C as it read prior to amendment in 2000

Media Summary

26 Nov
146

Volcano Agroscience (Pty) Ltd v Minister of Agriculture [2007] SCA 146 (RSA) 641/2006
Act 36 of 1947 – ‘agricultural remedy’ as defined imported in contravention of s 16(1) – option contemplated in s 16(6)(a) available to illegal importer – despite the additional contravention of S7

Media Summary

26 Nov
145

PGB Boerdery Beleggings (EdMedia Summary) Bpk v Somerville 62 (EdMedia Summary) Bpk [2007] SCA 145 (RSA) 36/07 - Only in Afrikaans
Neighbour law – nuisance – right to introduce blue wildebeest on game farm in spite of risk of bovine malignant catarrhal fever

Media Summary

26 Nov
144
Bid Industrial Holdings v Strang [2007] SCA 144 (RSA) 615/2006
Arrest to found or confirm jurisdiction held to be unconstitutional. The common law developed by abolition of the requirement of arrest to found or confirm jurisdiction. Jurisdiction capable of being established on other bases without arrest and also without attachment where no attachable property
23 Nov
143

Lufuno Mphaphuli & Associates v Andrews [2007] SCA 143 (RSA) 434/2006
Arbitration - review of award - grounds for setting aside - condonation - refusal of

Media Summary

22 Nov
142

Eley v Lynn & Main Inc [2007] SCA 142 (RSA) 614/2006
Whether claim against surety in respect of debt where judgment has been given against principal debtor prescribes after three years as contemplated in Prescription Act 68 of 1969, s 11(d), or after 30 years as contemplated in s 11(a)(ii)

Media Summary

22 Nov
141

Intramed v Standard Bank [2007] SCA 141 (RSA) 629/2006
Locus standi of bank seeking removal of joint liquidators-dependent on whether bank still creditor-bank relying on judgment which in effect reinstated claim expunged by Master at appellants' request-judgment granting interest on claim a tempore morae...

Media Summary

20 Nov
140

Nortje v Die Staat [2007] SCA 140 (RSA) 600/06 *Only in Afrikaans
Verkragting en onsedelike aanranding – alibi verweer op feite van die hand gewys – verweer van toestemming vir die eerste keer op appèl geopper – eweneens onsuksesvol – vonnis van 10 jaar gevangenisstraf vir verkragting opgelê in terme van Wet 105 van 1997 – geen wesenlike en dringende oMedia Summarytandighede aanwesig nie.

Media Summary

09 Nov
139

Minister of Safety & Security v Bennett [2007] SCA 139 (RSA) 302/06
Search and seizure – whether execution of warrants issued in terms of s 21 of Criminal Procedure Act 51 of 1977 invalid – whether seizure of documents covered by warrant invalidated by simultaneous seizure at the same time of privileged documents not covered thereby

Media Summary

08 Nov
138

NDPP v Mahomed [2007] SCA 138 (RSA) 596/05
Search and seizure – materials seized pursuant to warrant invalidly issued in terms of s 29 of National Prosecuting Authority Act 32 of 1998 – whether appropriate for court setting seizure aside to make order for preservation of copies of materials seized pending possible prosecution of person whose materials were seized – purposes for which such order May be granted

Media Summary

08 Nov
137

NDPP v Zuma & Hulley [2007] SCA 137 (RSA) 639/06
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague

Media Summary

08 Nov
136

Thint v NDPP [20074] SCA 136 (RSA) 671/06
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague

Media Summary

08 Nov
135

JG Zuma and Thint v NDPP [2007] SCA 135 (RSA) 232/2007
Letter of request issued under s 2(2) of the International Cooperation in Criminal Matters Act 1996 – whether provisions of the section complied with – whether appellants have standing to challenge the validity of the request

Media Summary

08 Nov
134

Pakane v The State [2007] SCA 134 (RSA) 43/2007 *
Murder – defeating the ends of justice – A police officer killing the deceased during a police patrol in the presence of his junior colleagues and subsequently concealing his actions to evade detection – convicted of murder and defeating the ends of justice and sentenced to 15 and eight year terms of imprisonment

Media Summary

28 Sep
133

Stalwo v Wary Holdings [2007] SCA 133 (RSA) 377/2006
Contract of sale of land – whether suspensive condition a tacit term – whether tacit term offends against sec 2(1) of the Alienation of Land Act 68 of 1981 – meaning of ‘agricultural land’ as defined in section 1 of the Subdivision of Agricultural Land Act 70 of 1970

Media Summary

28 Sep
132

Hack Stupel & Ross v Kgang [2007] SCA 132 (RSA) 560/2006
The Respondent claimed damages by way of motion proceedings ─ no basis for damages appears from affidavits or how damages were computed

Media Summary

28 Sep
131

KwaZulu CMS Monitoring Systems v KZN Gambling Board [2007] SCA 131 (RSA) 470/2006
Regulation 156(8), PN 1087 PG, 7 Nov 2003, promulgated under s 87 of the Kwazulu-Natal Gambling Act 10 of 1996 provides for a single central electronic monitoring system for the Province ─ the Provincial Gambling Board had authority to contract for the procurement of the system

Media Summary

28 Sep
130

Minister of Local Government, Housing & Traditional Affairs (KwaZulu-Natal) v Umlambo Trading 29 CC [2007] SCA 130 (RSA) 487/2006
Local Government: Municipal SysteMedia Summary Act 32 of 2000, ss 106(1)(b) and (2) – appointment of person(s) to investigate maladministration, fraud, corruption or other serious malpractice in a municipality in KwaZulu-Natal – in order for investigator to have powers of subpoena, commission must be appointed by the Premier by proclamation in the Provincial Gazette in terms of s 2 of the KwaZulu-Natal Commissions Act 3 of 1999

Media Summary

28 Sep
129

Mngomezulu v NDPP [2007] SCA 129 (RSA) 338/2006
A direction granted ex parte in terms of the Interception and Monitoring Prohibition Act 127 of 1992 is provisional and subject to reconsideration, but there must be a legitimate purpose for its reconsideration. Where the purpose is to protect fair trial rights it is premature to seek, in advance of a pending trial, to have the direction reconsidered ...

Media Summary

28 Sep
128

Tetra Mobile Radio v MEC, Department of Works [2007] SCA 128 (RSA) 482/2006
Interpretation and application of the KwaZulu Natal Procurement Act 3 of 2001 – Access to information under the said Act

Media Summary

28 Sep
127

Scott-Crossley v S [2007] SCA 127 (RSA) 677/2006
Criminal appeals ─ reassessment of credibility of witnesses ─ corroboration ─ inference when version not put in cross-examination ─ accomplice evidence

Media Summary

28 Sep
126

Just Names Properties v Fourie [2007] SCA 126 (RSA) 324/2006
Written agreement of an immovable property, whether the sale agreement complied with the requirements set out in section 2(1) of the Alienation of Land Act 68 of 1981, in circuMedia Summarytances where offer signed and delivered by offeree in incomplete form

Media Summary

28 Sep
125

Dissel v The State [2007] SCA 125 (RSA) 598/2006
Criminal law – Conviction and sentence – murder – 15 years’ imprisonment – whether appellant acted in self-defence – substantial and compelling circuMedia Summarytances justifying imposition of lesser sentence than prescribed minimum – sentence imposed by High Court set aside and appeal and sentence imposed by regional magistrate reinstated

Media Summary

28 Sep
124

Van Niekerk v Favel [2007] SCA 124 (RSA) 627/2006
Alienation of Land Act 68 of 1981 – Notice in terms of s 19(2) to purchaser to remedy breach – Interpretation of s 19(1)(c) – Seller required, under s 19(2)(c), to refer in the notice to the remedies in s 19(1) he intends to invoke if breach not remedied – Such reference May be in the alternative – Mere reference to clause in contract not adequate

Media Summary

27 Sep
123

Vari-Deals 101 (Pty) Ltd v Sunsmart Products (Pty) Ltd [2007] SCA 123 (RSA) 503/2006
Patent – Interpretation of specification and claiMedia Summary – 'Purposive approach' – Patent and Registered Design – Anticipation – Infringement

Media Summary

27 Sep
122

Legh v Nungu Trading 353 [2007] SCA 122 (RSA) 03/2007
Winding up - s 20(1)(c) of the Insolvency Act 24 of 1936 not rendered applicable to a Company in winding up by s 339 of the Companies Act 61 of 1973.

Media Summary

27 Sep
121
Republican Press v CEPPWAWU [2007] SCA 121 (RSA) 218/2006 *
Appeal direct from Labour Court - competent when Labour Appeal Court has declined to entertain appeal – reinstatement of dismissed employee - retrospective effect not limited
27 Sep
120
Raol Investments v Madlala [2007] SCA 120 (RSA) 461/2006
Dismissal of employee – automatic unfairness – differentiation in treatment not necessarily racial discrimination
27 Sep
119

Mngqibisa v The State [2007] SCA 119 (RSA) 75/2007
Criminal law – fraud – appellant making false representation to an employee of the complainant – subsequently he stated correct facts to another employee – initial statement calculated to prejudice complainant

Media Summary

27 Sep
118

Progress Office Machines v SARS [2007] SCA 118 (RSA) 532/2006*
Imposition of anti-dumping duty in terms of CustoMedia Summary and Excise Act 91 of 1964 – Effect of retrospective imposition of duty – International law – Incorporation into municipal law

Media Summary

25 Sep
117

Strydom v Liebenberg [2007] SCA 117 (RSA) 293/2006
Vindicatory action for return of game over which plaintiff claimed ownership. Plaintiff’s properties but not the game thereon sold to private persons. Held plaintiff entitled to claim the game, but not its value as it was not possible to apportion the value of the game between the purchasers of the properties

Media Summary

25 Sep
116
Van Niekerk v Van Niekerk [2007] SCA 116 (RSA) 460/2006
Anton Piller order-preservation of evidence-application for setting aside of order granted ex parte-dismissal of application-whether appealable
21 Sep
115

The Olympic Countess [2007] SCA 115 (RSA) 242/2006
Ranking of claiMedia Summary in terms of Act 105 of 1983, s 11 - s 11(4)(c)(v) does not include claim of person who pays person who renders services to ship

Media Summary

21 Sep
114

Road Accident Fund v Ngubane [2007] SCA 114 (RSA) 585/2006
Regulation 2(3) read with Road Accident Fund Act 56 of 1996, s 17(1)(b)-claim to be lodged with Fund within two years-Fund May waive this requirement or enter into a compromise

Media Summary

21 Sep
113

Fhetani v The State [2007] SCA 113 (RSA) 158/2007
Sentence-Sexual Offences Act 23 of 1957, s 22 prescribes maximum sentence of 6 years' imprisonment with or without maximum fine of R12 000-incompetent to impose imprisonment in excess thereof for contravening s 14 of Act

Media Summary

21 Sep
112

Lombard Insurance v City of Cape Town [2007] SCA 112 (RSA) 441/2006
Interpretation of guarantee

Media Summary

21 Sep
111

Kebble v Minister of Water Affairs [2007] SCA 111 (RSA) 530/2006
An order that a person is in contempt of court, which carries with it criminal sanctions, should be made only where court order allegedly flouted is clear and capable of enforcement-appeal upheld against order that former directors...

Media Summary

21 Sep
110

Mabuza v The State [2007] SCA 110 (RSA) 174/2006
It is not a prerequisite for a fair trial that there is a verbatim recording of the magistrate’s explanation of the rights of unrepresented accused and the response of the accused. Sentence of life imprisonment imposed for rape of 15 year old complainant and 15 years’ imprisonment

Media Summary.

20 Sep
109

Van Zyl v Government of RSA [2007] SCA 109 (RSA) 170/2006
Public international law ─ diplomatic protection

Media Summary

20 Sep
108
Wessels v Pretorius [2007] SCA 108 (RSA) 418/2006
Negligence – father permitting sixteen year old son to drive motor vehicle without supervision – reasonably foreseeable that peer pressure would lead to son overstepping bounds of reasonable behaviour – father’s conduct negligent – resultant injury to passenger foreseeable – father personally liable
20 Sep
107
Exdev v Yeoman Properties [2007] SCA 107 (RSA) 314/2006
An option for purchase of immovable property not invalid merely by reason of its silence on terms of payment of purchase price-in absence of express agreement law implies these terms
19 Sep
106
Schwartz NO v Pike [2007] SCA 106 (RSA) 668/2006
Contract-interpretation-association agreement-disposal of deceased member's interest in close corporation-unilateral appointment by executor of accountant to value interest in conflict with parties' intention-members to be afforded opportunity to each...
19 Sep
105
CSARS v Trend Finance (Pty) Ltd [2007] SCA 105 (RSA) 162/2006 (order)
Costs - provisional order - distinct ground of appeal
19 Sep
104

Webtrade v Van der Schyff [2007] SCA 104 (RSA) 589/2006*
Provisions of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) do not apply in circuMedia Summarytances in which owner of land takes possession from a builder exercising a builder's lien

Media Summary

17 Sep
103

SA Breweries v Shoprite Holdings [2007] SCA 103 (RSA) 476/2006
Sale by appellant to respondent of large retail concern-validity of determination by expert of accounting disputes

Media Summary

14 Sep
102

Naidoo v The State [2007] SCA 102 (RSA) 433/2006
Criminal procedure-plea of guilty to attempted murder-Magistrate on facts correct in not invoking Criminal Procedure Act, s 113(1)

Media Summary

14 Sep
101
The Trustees, Bus Industry Restructuring Fund v Break Through Investments [2007] SCA 101 (RSA) 397/2006
Exception against particulars of claim-objection that claim precluded by contractual provision-held that properly construed provision has no bearing on claim at all
14 Sep
100

CSARS v The Baking Tin [2007] SCA 100 (RSA) 431/2006
Tariff determination by Commissioner in respect of aluminium containers confirmed: intention of importer as to use not a determinant of objective characteristics of containers

Media Summary

14 Sep
99

CSARS v Brummeria Renaissance (Pty)Ltd [2007] SCA 99 (RSA) 391/2006
Income tax-Act 58 of 1962-right to use loans interest-free is 'gross income' which 'accrues' to a taxpayer-effect of ss 79(1) and 81(5) discussed

Media Summary

13 Sep
98
Bridges v The State [2007] SCA 98 (RSA) 478/2007
No Summary
12 Sep
97
MTN Service Provider v Afro Call [2007] SCA 97 (RSA) 370/2006
Application for security for costs under Companies Act 61 of 1973, s 13-refused by court a quo in exercise of its discretion-powers of appellate court to interfere strictly circuMedia Summarycribed-finding on facts that court a quo exercised discretion for no...
12 Sep
96

Commercial Auto Glass (Pty) Ltd v BMW AG [2007] SCA 96 (RSA) 331/2006
Trade marks - infringement - use in relation to unauthorised spare parts

Media Summary

07 Sep
95

Barnett v Minister of Land Affairs [2007] SCA 95 (RSA) 304/2006
Application for eviction from cottages built in coastal conservation area – based on both Decree 9 of 1992 (Transkei) and wrongful possession in common law – plea of prescription dismissed on principle of continuous wrong – PIE found not applicable because cottages held not to be ‘homes’- other defences dismissed on the facts

Media Summary

06 Sep
94

Blignaut v The State [2007] SCA 94 (RSA) 588/2006
Sentencing - minimum sentence - substantial and compelling circuMedia Summarytances- misdirection by trial court

Media Summary

30 Aug
93
Crossberg v S [2007] SCA 93 (RSA) 439/2007
Bail ─ after conviction and sentence trial judge refusing bail ending an application for leave to appeal to this court on the basis that there were no prospects of success on the merits ─ this court granting leave to appeal ─ in the interests of justice that bail be granted pending finalisation of appeal
22 Aug
92

Minister of Justice & Constitutional Development v Zealand [2007] SCA 92 (RSA) 387/2006
Whether continued detention of previously sentenced prisoner after setting aside of his sentence is unlawful where he is awaiting trial in custody on another charge

Media Summary

20 Jun
91

Balkwell v The State [2007] SCA 91 (RSA) 315/2006
Culpable homicide – appellants assaulting and causing the death of the deceased – appellants ought reasonably to have foreseen that death might ensue from their assault – sentences of seven years imprisonment appropriate in the circuMedia Summarytances

Media Summary

20 Jun
90
Radio Pretoria v The Independent Communications Authority of South Africa [2007] SCA 90 (RSA) 296/2006
Administrative law – refusal of broadcasting licence reviewed – application not properly considered
08 Jun
89

Mutual & Federal v Da Costa [2007] SCA 89 (RSA) 243/2006
Insurance - misdescription of year and model of motor vehicle - whether material - whether best evidence led on quantum of indemnification

Media Summary

06 Jun
88

Central Authority v Houwert [2007] SCA 88 (RSA) 262/2006
Minor – wrongful retention of – Hague Convention on the Civil Aspects of International Child Abduction (1980) – defences – article 13(a) – consent to retention – onus on parent raising the defence – no real or genuine dispute of fact raised on consent issue – expeditiousness essential at all stages of the Convention process, including appeals...

Media Summary

04 Jun
87

De Gree v Webb [2007] SCA 87 (RSA) 379/2006
Family law - child - inter-country adoption - application for sole custody and guardianship - best interests of minor child to be removed from country in terms of an adoption effected in children's court pursuant to provisions of Child Care Act 74 of 1983

Media Summary

01 Jun
86

Constantaras v BCE Foodservice Equipment [2007] SCA 86 (RSA) 208/2006*
Close Corporations Act 69 of 1984, s 23-purpose of-cheque sigend on behalf of corporation not containing prescribed information-personal liability of signatory on non-payment by corporation-defence of rectification not available to meet claim under Act...

Media Summary

01 Jun
85
Lodhi 2 Properties v Bondev [2007] SCA 85 (RSA) 128/2006
Rescission of default judgments-Rule 42(1)(a)-default judgment to which plaintiff procedurally entitled cannot be said to have been granted erroneously in the light of subsequently disclosed defence...
01 Jun
84

Agrico Masjinerie v Swiers [2007] SCA 84 (RSA) 399/2006
Land-eviction from-Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998-'unlawful occupier'-who is-'other right in law to occupy such land'-does not extrend to occupation unlawfully obtained by self-help-discretion...

Media Summary

01 Jun
83

Bell v RAF [2007] SCA 83 (RSA) 121/2006*
Motor vehicle accidents-compensation-damages claim in terms of MMVA Fund Act 93 of 1989-whether a flatbed transporter is a 'motor vehicle' as defined in Act-whether 'road' in defenition of a 'motor vehicle' means a 'public road'...

Media Summary

01 Jun
82

Singh v NDPP [2007] SCA 82 (RSA) 268/2006
Criminal law-application for preservation order in respect of immovable property in terms of Prevention of Organised Crime Act 121 of 1998, s 38-NDPP bears onus of establishing reasonable grounds to believe that property is...

Media Summary

01 Jun
81
Dlepu v The State [2007] SCA 81 (RSA) 567/2006
Criminal law-appeal against conviction and sentence-regional court contrasting accused's versions-incorrect test-appellant's version on correct test reasonably possibly true-appeal upheld...
01 Jun
80

Bowring NO v Vrededorp Properties CC [2007] SCA 80 (RSA) 271/2006
Doctrine of notice-application in areas of both unregistered servitudes and of successive sales-in latter instance no reason in principle why first purchaser cannot claim transfer of thing sold directly from subsequent purchaser...

Media Summary

31 May
79

Boxer Superstores Mthatha v Mbenya [2007] SCA 79 (RSA) 97/2006
Jurisdiction-high court-termination of employment-employee claiming relief because 'unlawful'-not falling within exclusive jurisdiction of labour courts-high court has jurisdiction-jurisdictional challenge dismissed...

Media Summary

31 May
78

RAF v Grobler [2007] SCA 78 (RSA) 96/2006
Collission between motor vehicle and motor cyclist-to avoid collission cyclist swerve to his incorrect lane of travel-if motor cyclist committed an error of judgment, question is whether a reasonable man in the circuMedia Summarytances could have done the same...

Media Summary

31 May
77

Pretorius NO v Stanlib Wealth Management Ltd [2007] SCA 77 (RSA) 380/2006
Oral contract to invest in respondent's investment fund established by evidence: representative of respondent had authority to bind it

Media Summary

31 May
76

Vhengani v The State [2007] SCA 76 (RSA) 444/2006
Evidence - cautionary approach applicable to evidence of a singel witness

Media Summary

31 May
75

Minister of Defence v Dunn [2007] SCA 75 (RSA)131/2006*
Appeal against decision that appointment of person to post in SANDF was reviewable under Promotion of Administrative Justice Act 3 of 2000; grounds for review not established by respondent-appeal upheld: order that person not...

Media Summary

31 May
74
Kriel v Beukes [2007] SCA 74 (RSA) 346/2006
Illegal use of aircraft - claim for payment in respect of such use dismissed
31 May
73

Botha v Giyose t/a Paragon Fisheries [2007] SCA 73 (RSA) 447/2006
Contract - undisclosed prinicipal - when agent May sue in own name

Media Summary

31 May
72

Amplats Management Services (Pty) Ltd v Van Jaarsveld [2007] SCA 72 (RSA) 269/2006
Contract of employment - whether established

Media Summary

31 May
71

MP Finance Group CC v CSARS [2007] SCA 71 (RSA) 41/2006
Amounts taken by illegal and fraudulent pyramid scheme constitute amounts 'received' within meaning of 'gross income' in Income Tax Act where intention of scheme operator is not to contract with investors but to appropriate their money to facilitate...

Media Summary

31 May
70

Tswelopele Non-Profit Organisation v City of Tshwane Metropolitan Municipality [2007] SCA 70 (RSA) 303/2006
Unlawful eviction – constitutional remedies – development of suitable remedy – unnecessary to develop mandament van spolie – court ordering governmental agencies that unlawfully destroyed shacks to construct habitable temporary shelters for those affected

Media Summary

30 May
69

Haakdoornbult Boerdery CC v Mphela [2007] SCA 69 (RSA) 553/2005*
Restitution of land – effect of compensation received at the time of dispossession – partial restoration.

Media Summary

30 May
68
Cohen v Lench [2007] SCA 68 (RSA) 139/2006
Agreement of sale - right to cancel - whether notice to remedy breach properly delivered - whether notice received in fact...
29 May
67

ABSA Bank Bpk v Du Preez; Beyplas EdMedia Summary Bpk [2007] SCA 67 (RSA) 343/2006
Aard en omvang van aansprake tov silosertifikate onderhewig aan feitedispute-in geval van halfhartige ontkenning moet hof steeds tevrede wees dat aansoekdoener se eedsverklaring inherent geloofwaardig is inaggenome die waarskynlikhede-bevinding...

Media Summary

29 May
66

Pietermaritzburg SPCA v Peerbhai [2007] SCA 66 (RSA) 422/2006
Motor vehicle collision - two irreconcilable versions - onus of proof - failure to discharge...

Media Summary

29 May
65
Ramdeo v DPP [2007] SCA 65 (RSA) 650/2006
Sentence - fraud - issuing false roadworthy certificates...
29 May
64

Van der Merwe v RAF [2007] SCA 64 (RSA) 179/2006
In terms of s 17(5) of the RAF Act 56 of 1996 the supplier May claim directly from Fund third party's costs of accomodation or treatment or service rendered or goods supplied by supplier-supplier's claim dependent upon third party's claim and May thus...

Media Summary

29 May
63

Chagi v Singisi Forest Products [2007] SCA 63 (RSA) 227/2006
Act 62 of 1997-land-meaning thereof-s9 applies only to evictions from the registered piece of land as a whole...

Media Summary

29 May
62
Ethekwini Metropolitan Unicity Municipality v Pilco Investments CC [2007] SCA 62 (RSA) 320/2006
Lease-interpertation of-lessee given only partial occupation of leased property-lessee obliged to pay rent, although entitled to remission of rent proportional to its reduced use and enjoyment-failure by lessee to pay any rent, despite due demand...
29 May
61

Citibank NA v Thandroyen Fruit Wholesalers CC [2007] SCA 61 (RSA) 287/2006
Confession to judgment in terms of Rule 31(1) must be founded on cause of action contained in summons or notice of motion-severability of provision in agreement relating to procedure for obtaining judgment in event of a breach-provision permitting...

Media Summary

28 May
60

Merry Hill v Engelbrecht [2007] SCA 60 (RSA) 323/2006
Alienation of Land Act 68 of 1981, s 19(2)(c)-though peremptory in its terms substantial compliance sufficient-requirements of section satisfied by notice indicating alternative steps intended by seller upon purchaser's failure to rectify breach

Media Summary

24 May
59

CSARS v Trend Finance (Pty) Ltd [2007] SCA 59 (RSA) 162/2006
CustoMedia Summary & Excise Act 91 of 1964: power conferred on Commissioner, SARS, to determine value of imported goods for duty purposes, must be exercised within reasonable period of time; if it is not, right to retain goods seized or security falls away...

Media Summary

23 May
58

Mamushe v The State [2007] SCA 58 (RSA) 53/2004
Extra-curial statements by state witness-not admissible in evidence against accused person under Act 45 of 1988, s 3(1)(b), unless confirmed by maker in court-admission of statements 'in interest of justice' in terms of s 3(1)(c) considered but refused...

Media Summary

18 May
57

Road Accident Fund v Monjane [2007] SCA 57 (RSA) 295/2006
An employee who sustains an 'occupational injury' as defined in Act 130 of 1993 will have no claim under the Road Accident Fund Act 56 of 1996 if the wrongdoer is his or her employer

Media Summary

18 May
56

Midi Television (Pty) Ltd v DPP [2007] SCA 56 (RSA) 100/2006
Restricting press freedom-prohibiting broadcast of documentary unless DPP permitted first to view it-whether constitutionally permitted

Media Summary

18 May
55

ER24 Holdings v Smith NO [2007] SCA 55 (RSA) 392/2006
Compensation for Occupational Injuries and Diseases Act, 130 of 1993: remuneration 'in kind' as contemplated in definition of 'employee' means provision of something that has an objectively ascertainable value which can serve as basis ...

Media Summary

18 May
54
Tao Ying Metal Industries v Pooe NO [2007] SCA 54 (RSA) 222/2006*
Arbitration under Labour Relations Act 1995-duties of arbitrator-function of court on review-exemptions from industrial council and bargaining council agreements
18 May
53

Verimark (Pty) Ltd v BMW AG [2007] SCA 53 (RSA) 250/2006
Trade mark infringement - use as a trade mark - unfair advantage of a well-known trade mark

Media Summary

17 May
52

Old Mutual v Gumbi [2007] SCA 52 (RSA) 211/2006*
Dismissal-procedural fairness-employee's deliberate absence from a disciplinary enquiry not affecting validity of ensuing dismissal

Media Summary

17 May
51

Nel v The State [2007] SCA 51 (RSA) 318/2006
Sentence-substantial and compelling circuMedia Summarytances-financial pressures and drug addiction-and other factors-on appeal-sentence of fifteen years set aside-S v Wasserman 2004 (1) SACR 251 (T) criticised

Media Summary

11 May
50

Sunsmart v Flag and Flagpole Industries [2007] SCA 50 (RSA) 072/2006
Patents Act 57 of 1978 – novelty – obviousness – infringement. Designs Act 195 of 1993 – novelty

Media Summary

03 Apr
49

Joint Municipal Fund v LJ Grobler [2007] SCA 49 (RSA) 183/2006
Pension fund-whether rules validly empower amendment depriving member of 'established benefit'-whether decision to amend and validity of amendment can be subject f 'complaint' under Pension Funds Act 24 of 1956 to Pension Funds Adjudicator...

Media Summary

30 Mar
48

Registrar of Pension Funds v B Angus NO [2007] SCA 48 (RSA) 677/2005
Pension Funds Act applies to neither a fund established by an industrial council agreement nor to one established separately from, but pursuant to, such an agreement

Media Summary

30 Mar
47

Potgieter v Potgieter [2007] SCA 47 (RSA) 215/2006
Divorce-custody of minor children-best interests of child paramount consideration-factual findings made by trial court relating to parties' parental capacity-approach of appeal court to such factual findings-expert evidence-principles relevant to...

Media Summary

30 Mar
46

Scott-Crossley v The State [2007] SCA 46 (RSA) 100/2007
Bail ─ pending appeal ─accused granted leave to appeal ─ effect of ─ mere fact that sentenced person granted leave to appeal not constituting exceptional circuMedia Summarytance ─ court will take into account that the accused has no prospect of avoiding a custodial sentence ─ accused’s personal circuMedia Summarytances commonplace...

Media Summary

29 Mar
45

Gutsche Family Investments v Mettle Equity Group [2007] SCA 45 (RSA) 133/2006*
Jurisdiction – Arbitration – In the absence of an express agreement an appeal arbitrator is not entitled finally to decide his own jurisdiction

Media Summary

29 Mar
44

The Chairpersons’ Association v Minister of Arts and Culture [2007] SCA 44 (RSA) 025/2006*
Administrative Law – PAJA s 6(2)(e)(iii) – name change of Louis Trichardt to Makhado reviewed and set aside

Media Summary

29 Mar
43

Ghersi v Tiber Developments (Pty) Ltd [2007] SCA 43 (RSA) 084/2006
Section 266 of the Companies Act, 61 of 1973: The mandate of a provisional curator ad litem to investigate the affairs of the company is limited to the grounds alleged in the shareholder’s application to court; but a court May in certain circuMedia Summarytances authorise the institution of legal proceedings against the company based on wider grounds

Media Summary

29 Mar
42

Du Plessis v Die Staat [2007] 42 (RSA) 316/2006
Onsedelike aanranding – vonnis ingevolge art 276(1)(i) bekragtig

Media Summary

29 Mar
41

Jochen Kofahl v S L Keiley [2007] SCA 41 (RSA) 348/2006
Company shares – valuation – relevant factors – onus on the plaintiff

Media Summary

29 Mar
40

Smith v The State [2007] SCA 40 (RSA) 046/2006
Sentence-motor vehicle theft-first offender-sentence of four years' imprisonment-on appeal sentence found to be inappropriately severe justifying interference-sentence reduced by suspending two years conditionally

Media Summary

28 Mar
39

Mlenze v The State [2007] SCA 39 (RSA) 569/2006
Criminal law - appeal against conviction and sentence - regional court considering all evidence before conviction - appellant's verion not reasonably possibly true - appeal dismissed

Media Summary

28 Mar
38

eThekwini Municipality v Tsogo Sun Kwazulu-Natal [2007] SCA 38 (RSA) 086/2006
National Building Regulations and Building Standard Act 103 of 1997, s 7(1) - 'refuse to grant its approval' - interpretation

Media Summary

28 Mar
37

HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism [2007] SCA 37 (RSA) 337/2006*
Environmental law-  Environmental Conservation Act 73 of 1989, s 21 and 31A - 'cultivation or any other use of virgin ground' in regulation - vagueness

Media Summary

28 Mar
36

Wypkema v Lubbe [2007]SCA 36 (RSA)138/2006
Attorney - drawing of cheque on trust account - acts as principal and not in a representative capacity

Media Summary

28 Mar
35

Clearing Agents v MEC Transport [2007] SCA 35 (RSA) 659/2005
All motor vehicles must be registered and licensed in accordance with National Road traffic Act 93 of 1996-Regulation 84, which is one of regulations promulgated in terms of Act, provides for unregistered and unlicensed vehicles to be operated on...

Media Summary

28 Mar
34

S v Tandwa [2007] SCA 34 (RSA) 538/2006
Criminal law-right to fair trial (s 35 of Bill of Rights)-accused accusing legal representative of misconduct leading to fair-trial violation-legal representative denying allegations-legal representative's account admissible in evidence-how appeal...

Media Summary

28 Mar
33

Haslam v The State [2007] SCA 33 (RSA) 297/2006
Criminal law-fraud-adequacy of proof-state failed to prove mechanics of fraud therefore cannot impute intention to appellant-appellant's version reasonably possibly true

Media Summary

28 Mar
32

McCarthy Ltd v Gore NO [2007] SCA 32 (RSA) 163/2006
Insolvency-Insolvency Act 24 of 1936-disposition of property-insolvent selling property-no notice of sale given in terms of s 34(1)-definition of 'trader' limited to primary business activities and does not extend to incidental activities

Media Summary

28 Mar
31

McGregor v City of Johannesburg [2007] SCA 31 (RSA) 89/2006
Local government-interpretation of municipal by-laws-approval granted to display advertising sign for fixed period-promulgation of new by-laws preserves approval granted in terms of repealed by-laws but does not extend scope of right previously granted

Media Summary

28 Mar
30

Dendy v University of the Witwatersrand [2007] SCA 30 (RSA) 597/2005
Constitution-delict-injuria-alleged violation of plaintiff's constitutional right to dignity-conduct complained of not such as to violate dignity of reasonable person-unnecessary to develop common law in terms of s 39(2) of Constitution

Media Summary

28 Mar
29

Minister of Safety and Security v Ndniso [2007] SCA 29 (RSA) 286/2006
Appeal against order for return of vehicle seized in terms of Criminal Procedure Act 51 of 1977, s 20: report from an unidentified source that model of vehicle different from that registered not sufficient to ground reasonable belief that police ...

Media Summary

27 Mar
28

City of Tshwane Metropolitan Municipality v RPM Bricks (Pty) Ltd [2007] SCA 28 (RSA) 177/2006
Estoppel-raising of against a statutory body-distinction between acts which are ultra vires and non-compliance with internal arrangements-reliance on estoppel in former case-not permissible

Media Summary

27 Mar
27

Moodley v Nedcor [2007] SCA 27 (RSA) 085/2006
Jurisdiction-in action upon debt secured by mortgage over immovable property, fact that property situated in territory over which high court exercises jurisdiction constitutes jurisdictional connecting factor which confers jurisdiction on court

Media Summary

27 Mar
26

Minister of Social Development v Phoenix Cash & Carry [2007] SCA 26 (RSA) 189/2006 & 244/2006
Administrative law - public tender - bid conditions - interpretation

Media Summary

26 Mar
25

City of Johannesburg v Rand Properties (Pty) Ltd [2007] SCA 25 (RSA) 253/2006
National Building Regulations and Building Standards Act 103 of 1977, s 12-dangerous building-access to housing-Constitution, s 26-Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

Media Summary

26 Mar
24

Clipsal Australia (Pty) Ltd v Trust Electrical Wholesalers [2007] SCA 24 (RSA) 125/2006
Designs Act 195 of 1993 - novelty - originality - infringement

Media Summary

23 Mar
23

Janse van Rensburg v NDPP [2007] SCA 23 (RSA) 75/2006
POCA 121 of 1998, s 26-no facts alleged from which reasonable grounds for believing that confiscation order might be made appear-case for relief to be made out in founding affidavits-respondent not called upon to deal with facts contained in...

Media Summary

23 Mar
22
CSARS, Gauteng West v Levue Investments (Pty) Ltd [2007] SCA 22 (RSA) 537/2006
Appeal - condonation for late filing of record refused despite good prospects of success
23 Mar
21

Minister of Safety and Security v Mohofe [2007] SCA 21 (RSA) 200/2006
A police officer who announce his presence and orders armed and fleeing robbery suspects is not guilty of negligence merely by reason of that fact where a suspect, in response to the order, shoots at him but shot hits innocent bystander who is killed

Media Summary

23 Mar
20
Assured Freight Services (Pty) Ltd v Comair Ltd [2007] SCA 20 (RSA) 73/2006
Misappropriation by appellant of amount paid to it by respondent which appellant underlook to pay to SARS in settlement of VAT debt due by respondent to SARS-appellant unsuccessfully raising defence of prescription to respondent's claim for repayment
23 Mar
19

Smith v Porritt [2007] SCA 19 (RSA) 536/2005
Insolvency - application to set aside subpoena to attend creditors meeting - defence of res judicata not available to sequestrating creditor whose claim is challenged by the trustee

Media Summary

23 Mar
18

Senwes v Van Heerden & Sons [2007] SCA 18 (RSA) 601/2005
Vaalharts agricultural co-operative taken over by another co-operative, Senwes, which was subsequently converted into company-plaintiffs, former members of Vaalharts, agreed to take up shares in Senwes in exchange for members' levies-whether...

Media Summary

23 Mar
17

Wessels v Die Meester [2007] SCA 17 (RSA) 216/2006
Gesamentlike testament wat verval het by dood van testatrise - in beginsel kon testateur dit laat herleef in latere kodisil - herlewingsbedoeling aan die kant van testateur egter nie bewys nie

Media Summary

23 Mar
16

Van der Berg v General Council of the Bar [2007] SCA 16 (RSA) 270/2006
Application to strike advocate from the roll - restatement of the duties of advocates

Media Summary

22 Mar
15

Propfokus 49 (Pty) Ltd v Wenhandel (Pty) Ltd [2007] SCA 15 (RSA) 103/2006
Written agreement - rectification - requirements for...

Media Summary

20 Mar
14

Cornick & Kinnear v The State [2007] SCA 14 (RSA) 409/2006
Appeals against convictions and sentences for rapes committed 19 years before charges were laid by complainant dismissed-complainant's evidence proved guilt of appellants beyond reasonable doubt-sentences confirmed

Media Summary

20 Mar
13

Imperial Group (Pty) Ltd v NCS Resins (Pty) Ltd [2007] SCA 13 (RSA) 197/2006
Interpretation of warehousing contract - obligation to insure against fire not giving rise to inference that risk of loss lay with the insured

Media Summary

20 Mar
12

MSC Spain [2007] SCA 12 (RSA) 204/2006
Delict-agent of carrier and shipping line has no legal duty to inform shipper (or consignee) of proposed deviation so as to afford shipper opportunit of removing perishable cargo from ship if bill of lading permits such deviation

Media Summary

20 Mar
11

Mngomezulu v National Director of Public Prosecutions [2007] SCA 11 (RSA) 446/05
Section 28 of the Prevention of Organised Crime Act 121 of 1998 – curator bonis May be authorized to alienate property under restraint in order to properly administer the assets under his control ...

Media Summary

16 Mar
10

Lubbe NO v Millennium Style [2007] SCA 10 (RSA) 69/2006*
Trade marks – expungement – devices and shapes

Media Summary

16 Mar
9

PCL Consulting (Pty) Ltd v Tresso Trading 119 (Pty) Ltd [2007] SCA 9 (RSA) 98/2006
Rectification: if the allegations made by a plaintiff justifying rectification of a written agreement are not in dispute, summary judgment can be granted for a claim based on the agreement as rectified...

Media Summary

15 Mar
8

Dream Supreme Properties 11CC v Nedcor Bank [2007] SCA 8 (RSA) 490/2005
Doctrine of notice - does not apply to attachment of property belonging to judgment debtor but sold by judgment debtor prior to attachment

Media Summary

13 Mar
7

BPSA (Pty) Ltd v CSARS [2007] SCA 7 (RSA) 60/2006
Income Tax Act 58 of 1962, s 11(a) - recurrent annual royalty payments - expenditure incurred in production of income

Media Summary

13 Mar
6

Insamcor v Dorbyl [2007] SCA 6 (RSA) 63/2006 & 319/2006
Two appeals – one against order setting aside the restoration of a formerly deregistered company under s 73(6) of Companies Act 61 of 1973 – setting aside order upheld mainly on basis that restoration not preceded by issue of rule nisi and necessary party not joined...

Media Summary

12 Mar
5
Jointwo Holdings (Pty) ltd v Old Mutual Life Assurance Company (SA) Ltd [2007] SCA 5 (RSA) 115/2006
Rectification of contracts - prior common intention of parties must have been intended to be incorporated in written document ...
08 Mar
4

BOE Bank v The Grange Timber Farming Co (Pty) Ltd [2007] SCA 4 (RSA) 252/2006
Contract – interpretation – loan agreement conferring power of review in media res on creditor – time for repayment...

Media Summary

05 Mar
3

Lewis v S [2007] SCA 3 (RSA) 610/06
Contempt of court in facie curiae – s 35(3) of Constitution – right to a fair trial – summary procedure not to be followed if not necessary....

Media Summary

02 Mar
2
Grütter v Lombard [2007] SCA 2 (RSA) 628/05
Injuria – appropriation of the name of another for personal advantage...
20 Feb
1

CDA Boerdery (EdMedia Summary) Bpk and Others v The Nelson Mandela Metropolitan Municipality and Others [2007] SCA 1 (RSA) 526/05
Local government - rating of property by Municipality - ambit of s 10G(6), (6A) and (7) of Local Government Transition Act - consent of Premier to impose property rate above two cents in the Rand - whether this provision of Municipal Ordinance 20 of 1974 impliedly repealed...

Media Summary

06 Feb
   
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