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

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

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

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 terMedia Summary of the Act – condition not in conflict with principle of legality.

Media Summary

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

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

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

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

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

Hammond v State [2007] SCA 164 (RSA) 320/07
Appeal against conviction and sentence for drug-dealing in terMedia Summary of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992: whether evidence of a police trap was admissible in terMedia Summary 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

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 terMedia Summary of s 33(4) of the Arbitration Act 42 of 1965.

Media Summary

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

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

Media Summary

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

Media Summary

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

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

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 terMedia Summary of s 276A(3)(a)(ii) of Act 51 of 1977

Media Summary

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

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 terMedia Summary of suretyship agreement presented to it by surety duly executed but subsequently alleged by surety to have been presented by mistake

Media Summary

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

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

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

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

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

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

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

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

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

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

Media Summary

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

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

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

Minister of Safety & Security v Bennett [2007] SCA 139 (RSA) 302/06
Search and seizure – whether execution of warrants issued in terMedia Summary 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

NDPP v Mahomed [2007] SCA 138 (RSA) 596/05
Search and seizure – materials seized pursuant to warrant invalidly issued in terMedia Summary 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

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

Media Summary

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

Media Summary

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

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 terMedia Summary of imprisonment

Media Summary

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

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

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

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 terMedia Summary of s 2 of the KwaZulu-Natal Commissions Act 3 of 1999

Media Summary

Mngomezulu v NDPP [2007] SCA 129 (RSA) 338/2006
A direction granted ex parte in terMedia Summary 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

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

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

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

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

Van Niekerk v Favel [2007] SCA 124 (RSA) 627/2006
Alienation of Land Act 68 of 1981 – Notice in terMedia Summary 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

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

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

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

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

Media Summary

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

The Olympic Countess [2007] SCA 115 (RSA) 242/2006
Ranking of claiMedia Summary in terMedia Summary 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

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

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

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

Media Summary

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

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.

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

Media Summary

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

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

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

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

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

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

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

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

Media Summary

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

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

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

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

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 terMedia Summary of an adoption effected in children's court pursuant to provisions of Child Care Act 74 of 1983

Media Summary

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

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

Bell v RAF [2007] SCA 83 (RSA) 121/2006*
Motor vehicle accidents-compensation-damages claim in terMedia Summary 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

Singh v NDPP [2007] SCA 82 (RSA) 268/2006
Criminal law-application for preservation order in respect of immovable property in terMedia Summary 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

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

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

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

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

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

Media Summary

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

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

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

Media Summary

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

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

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

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

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

Media Summary

Van der Merwe v RAF [2007] SCA 64 (RSA) 179/2006
In terMedia Summary 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

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

Citibank NA v Thandroyen Fruit Wholesalers CC [2007] SCA 61 (RSA) 287/2006
Confession to judgment in terMedia Summary 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

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 terMedia Summary substantial compliance sufficient-requirements of section satisfied by notice indicating alternative steps intended by seller upon purchaser's failure to rectify breach

Media Summary

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

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 terMedia Summary of s 3(1)(c) considered but refused...

Media Summary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Media Summary

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

Media Summary

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

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

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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

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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

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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

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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 terMedia Summary of Act, provides for unregistered and unlicensed vehicles to be operated on...

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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...

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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

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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 terMedia Summary of s 34(1)-definition of 'trader' limited to primary business activities and does not extend to incidental activities

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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 terMedia Summary of repealed by-laws but does not extend scope of right previously granted

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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 terMedia Summary of s 39(2) of Constitution

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Minister of Safety and Security v Ndniso [2007] SCA 29 (RSA) 286/2006
Appeal against order for return of vehicle seized in terMedia Summary 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 ...

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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

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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

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

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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

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

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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...

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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

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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

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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...

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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

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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

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

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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

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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

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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

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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 ...

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

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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...

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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

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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

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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...

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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...

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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....

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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...

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