SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2008

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(*) Case Correction
 
  Citation & Summary
Delivered
169

S C van Aardt v The State (179/2008) [2008] ZASCA 169 (2 December 2008)
Murder – vicious and sustained assault on deceased – appellant solely responsible for injuries causing death – state not required to prove which particular blow caused the death or what weapon (or means) used – once murder proved unnecessary to establish effect of accused intentionally preventing deceased obtaining medical assistance – conviction confirmed. Sentence – no misdirection – 12 years imprisonment on lenient side.

Media Summay

02 Dec
168
Narainsingh v Singh (217/2008) [2008] ZASCA 168 (2 December 2008)
Summary judgment.
02 Dec
167

National Lotteries Board v Bruss (730/2007) [2008] ZASCA 167 (1 December 2008 )
Lotteries Act, 57 of 1997 - power of Board to institute proceedings to enforce Act – meaning of ‘subscription’ – when a lottery is a promotional competition.

Media Summay

01 Dec
166

State v Mavinini (224/2008) [2008] ZASCA 166 (1 December 2008)
Evidence – proof – beyond reasonable doubt – moral certainty of guilt – Sentence – maximum sentence imposed under Act 105 of 1997 – inappropriate

Media Summay

01 Dec
165

Shunmugam and Others v National Democratic Convention (073/2008) [2008] ZASCA 165 (1 December 2008)
Floor crossing under Schedule 6B of the Constitution – court having ordered that municipal councillors who had purportedly been expelled from their political party were to remain suspended during a floor crossing window pending a decision on whether their expulsions had been lawful – this order not depriving the councillors of their party membership or preventing them from crossing the floor – as their expulsions had been unlawful, councillors had been members of the party entitled to cross the floor.

Media Summay

01 Dec
164

Highveld Steel and Vanadium Corporation Ltd v Oosthuizen (733/2007) [2008] ZASCA 164 (01December 2008)*
Pension Funds Act 24 of 1956 – whether a pension fund has discretion under s 37D to withhold payment of pension benefits due to a member at the termination of his employment pending finalisation of a claim for damages allegedly suffered by the member’s employer by reason of theft, dishonesty, fraud or misconduct committed by the member.

Media Summay

01 Dec
163

Lebowa Platinum Mines Ltd v Viljoen (733/2007)[2008] ZASCA 163 (01 December 2008)
Extension of Security Tenure Act 62 of 1997 – meaning of ‘occupier’.

Media Summay

01 Dec
162
Hawkins Hawkins & Osborn v Enviroserve Waste Management (3/2008) [2008] ZASCA 162 (27 November 2008)
Contract – civil engineering – construction of landfill site – provisions of General Conditions of Contract for Works of Civil Engineering Construction, 6th edition (1990) – whether proper notice given entitling contractor to claim for additional work – whether engineer breached contractual obligations towards employer by failing to construe written communication as proper notice.
27 Nov
161
Maroulis v The State (240/2008) [2008] ZASCA 161 (27 November 2008)
Sentence – on charge of attempted murder appellant pleaded guilty to assault with intent to do grievous bodily harm (count 1) – pleaded guilty also to malicious injury to property (count 2) – blunt object used in assault damaging front windscreen of complainant’s vehicle – sentence of 5 years’ imprisonment in terMedia Summay of s 276(1)(i) of the Criminal Procedure Act 51 of 1977 set aside and matter referred back to trial court for imposition of sentence in terMedia Summay of s 276(1)((h).
27 Nov
160
Jeebhai v Minister of Home Affairs (139/08) [2008] ZASCA 160 (27 November 2008)
Matter struck off the roll – no proper record – attorney ordered to pay costs de bonis propriis.
27 Nov
159

Pillay v Shaik (006/08) [2008] ZASCA 159 (27 November 2008)
Contract – formalities – whether agreements of sale between parties invalid because prospective seller did not sign – application of doctrine of quasi-mutual assent.

Media Summay

27 Nov
158

Trinity Asset Management (Pty) Ltd v Investec Bank (574/07) [2008] ZASCA 158 (27 November 2008)
Companies – shareholders – accuracy in circular convening meeting regarding validity of contract to which company is party – locus standi of shareholder to obtain declarator as to accuracy of circular.

Media Summay

27 Nov
157

Letseng Diamonds Ltd v J C I Limited (580/07) [2008] ZASCA 157 (27 November 2008)
Companies – shareholders – accuracy in circular convening meeting regarding validity of contract to which company is party – locus standi of shareholder to obtain declarator as to accuracy of circular.

Media Summay

27 Nov
156

Maguire v The Commissioner For the South African Revenue Service (731/07) [2008] ZASCA 156 (27 November 2008)
Income Tax – Capital or revenue – Payments in terMedia Summay of successive agreements in Restraint of Trade made before Act 30 of 2000 operated – whether taxpayer had given up resource in exchange for payments – whether accruals part of taxpayer's gross income.

Media Summay

27 Nov
155

Klopper v The Master of the High Court (643/07) [2008] ZASCA 155 (27 November 2008)
Insolvency Act 24 of 1936 ─ Trustee’s remuneration ─ s 63(1) ─ court upheld Master’s refusal to allow an increase in remuneration in respect of the administration of the insolvent’s estate.

Media Summay

27 Nov
154

Janse van Rensburg NO v Steenkamp (237/08 and 467/08) [2008] ZASCA 154 (27 November 2008)
Practice – res judicata – liquidators’ reliance on different sections of Insolvency Act 24 of 1936 in consecutive proceedings to set aside dispositions – not giving rise to issue estoppel – reliance on ‘once and for all’ rule – not justified.

Media Summay

27 Nov
153

ATM Solutions (Pty) Ltd v Olkru Handelaars CC (739/2007) [2008] ZASCA 153 (27 November 2008)
Mandement van spolie not granted for the protection or enforcement of a mere contractual right: appeal against order of high court dismissed.

Media Summay

27 Nov
152

Flanders v Trans Zambezi Express (54/08) [2008] ZASCA 152 (27 November 2008)*
Delict – motor vehicle accident – collision with unlighted obstacle at night – negligence of driver.

Media Summay

27 Nov
151
Nomazoza v S (246/08) [2008] ZASCA 151 (27 November 2008)
Guilt of accused not proved.
27 Nov
150
Nyabo v S (327/07) [2008] ZASCA 150 (27 November 2008)
Criminal procedure – single witness – identification – factors influencing reliability.
27 Nov
149
Matsabu v S (186/08) [2008] ZASCA 149 (27 November 2008)
Criminal procedure – s 252A of Criminal Procedure Act 51 of 1977 – trap – admissibility of evidence.
27 Nov
148

William Van Der Riet Family Trust t/a Cathedral Peak Hotel v Hospitality Industry Pension Provident Fund (64/2008) [2008] ZASCA 148 (November 2008)
Pension Funds Act 24 of 1956 – Rules of pension fund – interpretation – obligation of employer – agreement obliging employer to pay increased contribution of 6% of employee members’ salaries

Media Summay

27 Nov
147
Morgan v The State (271/2008)[2008] ZASCA 147 (27 November 2008)
Appellant implicated by two members of a gang in a shooting and killing of a fellow gang member – appellant perceived as member of a rival gang - evidence to be treated with caution to eliminate the risk of false incrimination. Alleged conspiracy between witnesses to falsely implicate appellant found not to exist – their evidence considered in its totality found to be acceptable despite contradictions.
27 Nov
146

City of Johannesburg v Even Grand (9/08) [2008] ZASCA 146 (27 November 2008)
Properties sold in terMedia Summay of s 34(2) of Administration of Estates Act 66 of 1965 – s 118(2) of Local Government: Municipal SysteMedia Summay Act 32 of 2000 not applicable – interpreting s 118(1) according to plain meaning does not lead to result not intended by legislature.

Media Summay

27 Nov
145

Bredenhann v S (732/07) [2008] ZASCA 145 (27 November 2008) * Only in Afrikaans
Murder – factual issue whether appellant was guilty of murder or being an accessory after the fact to murder.

Media Summay

27 Nov
144

Legator McKenna Inc v Shea (143/2008) [2008] ZASCA 144 (27 November 2008)
Act 66 of 1965 – sale of estate property by curator bonis prior to issue of letters of curatorship under s 72 of the Act – subsequent transfer of property pursuant to sale – abstract theory of transfer – validity of real agreement notwithstanding invalidity of sale – non-availability of enrichment claim.

Media Summay

27 Nov
143
King v SA Weather Service (716/2007) [2008] ZASCA 143 (27 NOVEMBER 2008)
Copyright; owner of copyright; work made in the course of employee’s contract of employment is owned by employer; determination of whether work made in the course of employment.
27 Nov
142

Surmon Fishing (Pty) Ltd v Compass Trawling (Pty) Ltd (162/2008) [2008] ZASCA 142 (27 November 2008)
Company – exercise of powers of - by directors.

Media Summay

27 Nov
141

Brooks v Minister of Safety and Security (036/08) [2008] ZASCA 141 (27 November 2008)
Delict – liability of State - for loss of support in consequence of the incarceration of the breadwinner

Media Summay

27 Nov
140

Nedbank v Pestana (142/08) [2008] ZASCA 140 (27 November 2008)
Banker – transfer of funds to client’s account – whether bank entitled to reverse transfer without client’s authority in view of bank’s appointment as agent in terMedia Summay of s 99 of Income Tax Act 58 of 1962.

Media Summay

27 Nov
139

Boundary Financing v Protea Property (597/07) [2008] ZASCA 139 (27 November 2008)
Rectification and interpretation of contract – prescription does not run against a claim for rectification.

Media Summay

27 Nov
138

Kruger v Joles Eiendom (Pty) Ltd (400/07) [2008] ZASCA 138 (27 November 2008)
Servitude-interpretation where ambiguous.

Media Summay

27 Nov
137

National Director of Public Prosecutions v Moodley (263/08) [2008] ZASCA 137 (26 November 2008)
Written authorisation of NDP in terMedia Summay of s 2(4) of POCA given prior to accused pleading to charge of racketeering – whatever meaning given to 'charged' in s 2(4), prosecution lawful at least from date of authorisation.

Media Summay

26 Nov
136

Siltek v Business Connexion (081/2008) [2008] ZASCA 136 (26 November 2008)
Set-off – requirements therefor restated.

Media Summay

26 Nov
135
Van Rooyen v Rorich Wolmarans & Lüderitz (146/08) [2008] ZASC 135 (26 November 2008)
Insolvensie – feitevraag of aan respondent as aktevervaardiger opdrag deur kurators van 'n insolvente boedel gegee is om die opbrengs van die verkoop van boedelbates aan 'n derde oor te betaal.
26 Nov
134

Fourway Haulage v SA National Roads Agency (653/07) [2008] ZASCA 134 (26 November 2008)
Delict – pure economic loss – meaning of – policy considerations relevant in determining wrongfulness – remoteness of damage – application of flexible test

Media Summay

26 Nov
133

Street v The State (164/08) [2008] ZASCA 133 (26 November 2008)
Appeal against conviction of being an accessory after the fact to murder. Court a quo making factual findings not justified on the evidence. Conviction replaced with one of common assault and sentence reduced to an appropriate punishment for assault.

Media Summay

26 Nov
132
Pretorius v The State (271/2008)[2008] ZASCA 132 (26 November 2008)
Appeal against sentences of five years’ imprisonment for 91counts of fraud: no material misdirection: sentences regarded as appropriate: appeal dismissed.
26 Nov
131

Withok Small FarMedia Summay (Pty) Ltd v Amber Sunrise Properties Ltd (664/07) [2008] ZASCA 131 (21 November 2008)
Sale by public auction – 'Agreement and Conditions of Sale' signed by purchaser – seller given 7 days to 'confirm' sale – not a sale subject to a condition but an offer to purchase open for 7 days – 'Agreement and Conditions of Sale' making provision for seller to sign on date to be specified – contract coming into existence when seller signs – no need for acceptance to be communicated to purchaser.

Media Summay

21 Nov
130

City of Cape Town v Reader (719/2007) [2008] ZASCA 130 (14 November 2008)
Interpretation of s 62 of the Local Government: Municipal SysteMedia Summay Act 32 of 2000 – the provision does not afford an appeal to objectors to grant of planning permission.

Media Summay

14 Nov
129

Monageng v The State (590/06) [2008] ZASCA 129 (01 OCTOBER 2008)*
Rape – appeal against conviction for child rape and sentence of 18 years imprisonment – appellant’s version not reasonably possibly true and properly rejected – no material misdirection on the part of the sentencing court and sentence imposed not ‘shocking’, ‘startling’ or ‘disturbingly inappropriate’ – no reason entitling the appeal court to interfere – conviction and sentence confirmed.

Media Summay

01 Sep
128

Picardi Hotels Ltd v Thekweni Properties (Pty) Ltd (680/07) [2008] ZASCA 128
Cession in securitatem debiti – of all cedent’s rights to rentals and other revenues of whatsoever nature – clause providing that cession shall not be acted upon until certain conditions met – cession not conditional - transfer of rights to cessionary not suspended, only the exercise thereof – cedent divesting itself of right to sue for rentals – special plea disputing cedent’s locus standi to sue for rentals, upheld.

Media Summay

30 Sep
127

Affirmative Portfolios v Transnet (473/2007) [2008] ZASCA 127*
Claim based on written agreement – whether prior oral agreement enforceable – application of the parol evidence rule - counterclaim based on unjustified enrichment – condictio indebiti – whether the requirement that error not be excusable satisfied – error found not to be excusable.

Media Summay

30 Sep
126

Campbell v Botha (683/07) [2008] ZASCA 126
Sale in execution – s 70 of the Magistrates’ Court Act 32 of 1944 – there can be no sale in execution without a judgment and an attachment in execution of that judgment.

Media Summay

30 Sep
125

Du Toit v The Minister of Safety and Security (467/07) [2008] ZASCA 125
Section 36(1) of South African Police Service Act 68 of 1995 – appellant deemed to have been discharged from SAPS because of conviction and sentence to imprisonment – deemed dismissal not undone by extinction of conviction by granting of amnesty – s 20(10) of Promotion of National Unity and Reconciliation Act 34 of 1995 does not operate retrospectively – s 36(2) of SAPS Act does not entitle person to whom amnesty had been granted a right to be reinstated.

Media Summay

30 Sep
124

Angelina Procopos v National Director of Public Prosecutions (401/07) [2008] ZASCA 124
Prevention of Organised Crime Act 121 of 1998, Chapter 5 – restraint order – whether ‘affected gift’ shown – whether s 16(1) of Act applicable.

Media Summay

29 Sep
123

Dieter Schmidt v Birgitta Weaving (556/07) [2008] ZASCA 123*
Attachment of member’s interest in close corporation to confirm jurisdiction – whether notice to corporation required – whether s 25 of Close Corporations Act 69 of 1984 applicable.

Media Summay

29 Sep
122

Nesane v The State (079/2008) [2008] ZASCA 122
Criminal law – appellant convicted of wife’s murder – intention to kill not proved – conviction substituted with that of culpable homicide – sentence of eight years’ imprisonment antedated to the date of sentence imposed.

Media Summay

26 Sep
121

Mantsha v The State (432/2007) [2008] ZASCA 121
Appeal against refusal of condonation for failing to lodge an appeal timeously – requirements therefor and grounds on which the appeal court will interfere.

Media Summay

26 Sep
120

Botha v Andrade (578/2007) [2008] ZASCA 120
Magistrates’ courts’ jurisdiction to grant an interdict under s 30(1) of the Magistrates’ Courts Act 32 of 1944 (‘the Act’) is limited by s 29(1)(g) of the Act which sets a monetary limit on the value of the matter in dispute.

Media Summay

26 Sep
119

Els v Smit (356/07) [2008] ZASCA 119
Partnership ─ dissolution of partnership agreement ─ effect.

Media Summay

26 Sep
118

Media Summayane v The State (96/2008) [2008] ZASCA 118
Criminal law – attempt – appropriate sentence. Sentence – duplication of punishment.

Media Summay

26 Sep
117

Mia v The State (344/2007) [2008] ZASCA 117
Criminal law – theft – competent verdict on robbery charge – theft generic offence encompassing theft by false pretences. Evidence – discredited evidence of accused – irrelevant regarding guilt or innocence of another accused – where state had produced no inculpating evidence against that accused.

Media Summay

26 Sep
116 S v Balfour (109/2006) [2008] ZASCA 116
Respondent convicted of murder and sentenced to 14 years’ imprisonment, wholly suspended on certain conditions for five years. Sentence altered on appeal to 12 years’ direct imprisonment.
25 Sep
115

Chartaprops 16 v Silberman (300/07) [2008] ZASCA 115
Delict – hazard in shopping mall – liability for acts of independent contractor.

Media Summay

25 Sep
114

Rand Mutual Assurance Company Ltd v Road Accident Fund (484/2007) [2008] ZASCA 114
Insurance – subrogation – right of insurer to sue wrongdoer in own name – Compensation for Occupational Injuries and Diseases Act 130 of 1993 s 36(1).

Media Summay

25 Sep
113

Ebrahim v Airports Cold Storage (Pty) Ltd (485/2007) [2008] ZASCA 113*
Corporation – Close Corporations Act 69 of 1984, s 64(1) – reckless carrying on of business – liability for debts – member of corporation and father – corporation run without books or documentation – debt of another corporation transferred to it without consideration – reckless trading established

Media Summay

25 Sep
112

Government of the RSA v Thabiso Chemicals (148/2007) [2008] ZASCA 112
Contract arising from tender procedure – cancelled by State Tender Board on behalf of Government on basis that award of tender influenced by incorrect information impliedly furnished by respondent – whether implication relied upon established on facts – relationship between parties governed by law of contract – administrative law no role to play.

Media Summay

25 Sep
111

Asiatic Shipping Services Inc v Elgina Marine Company Limited (487/07) [2008] ZASCA 111
The origin and meaning of the requirement in a security arrest in terMedia Summay of s 5(3) of Act 105 of 1983 that there be a 'genuine and reasonable need for security'.

Media Summay

23 Sep
110

Da Silva v C H Chemicals (Pty) Ltd (304/2007) [2008] ZASCA 110
Whether there was a breach of a director’s fiduciary duty by the exploitation of various corporate opportunities after his resignation – whether there was a reach of the director’s fiduciary duty in other respects – whether the second and third appellants engaged in unlawful competition.

Media Summay

23 Sep
109

Seascapes v Ford (639/07) [2008] ZASCA 109
Sectional Titles Act 95 of 1986 – special resolution – agreement in writing by non-member, if not revoked upon becoming a member, becomes agreement in writing by member – resolution interpreted so as to give effect to intention of signatories.

Media Summay

23 Sep
108 Rustenburg Platinum Mines v Industrial Maintenance Painting Services (448/2007) [2008] ZASCA 108*
Prescription – Extinctive prescription – meaning of ‘debt’ in Prescription Act 68 of 1969 – ‘debt’ refers generally to ‘claim’ and not ‘cause of action’ – Amendment to particulars of claim to introduce new ‘cause of action – does not necessarily introduce new ‘debt’.
23 Sep
107

Mutual Construction v Komati Dam (466/2007) [2008] ZASCA 107
Contract for the hire of a truck and its operator for use on a building site – operator remaining the employee of the truck’s owner but operating on site under the supervision and control of the hirer – operator’s negligence on site causing damage to truck– hirer liable to owner for damages.

Media Summay

23 Sep
106
Botha v Law Society, Northern Provinces (446/2007) [2008] ZASCA 106
Attorney: unfit to continue to practise; suspension or striking off the roll; if the court a quo misdirected itself, facts subsequent to its decision may be taken into account on appeal. Costs: costs of proceedings in court a quo and on appeal where suspension substituted for striking off.
23 Sep
105

Digicore Fleet Management v Steyn (722/2007) [2008] ZASCA 105
Appeal against order refusing enforcement of contract in restraint of trade dismissed: proprietary interest of appellant not threatened by first respondent after termination of her employment with appellant and on her employment by a competitor, the second respondent.

Media Summay

22 Sep
104

Sandton Civic Precinct (Pty) Ltd v City of Johannesburg (458/2007) [2008] ZASCA 104
Legal standing – contract claimed to be awarded to consortium – consortium consisting of individuals and corporate members, with stated proportions – consortium not before court – instead, applicant company seeking to enforce rights of consortium – applicant company representing only two of four members of consortium – others not before court – member of applicant company claiming to hold others’ shares ‘in trust’ – no basis for claim – applicant company lacking legal standing

Media Summay

22 Sep
103

Minister of Safety and Security v De Witt (722/2007) [2008] ZASCA 103
Section 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 permits a court to condone a litigant’s failure to give a valid notice required by s 3(1), prior to instituting legal proceedings, if the debt has not been extinguished by prescription, good cause is shown and the debtor is not prejudiced. Application for condonation may be made by the creditor even after
proceedings have been instituted if the debt has not prescribed.

Media Summay

19 Sep
102

Le Grange v The State (040/2008) [2008] ZASCA 102
Criminal proceedings – right to a fair trial – judicial officer – not fair and impartial
during trial – proceedings held to be invalid – convictions and sentences set aside – matter remitted for retrial.

Media Summay

18 Sep
101
Madzivhandila v Law Society of the Northern Provinces (593/07) [2008] ZASCA 101
Attorney – Misconduct – Application for removal from roll – failure to file answering affidavit – unpreparedness of attorney on trial date not fully explained – no basis to interfere with trial court’s exercise of its discretion to refuse postponement.
17 Sep
100
Lynn & Main Incorporated v Brits Community Sandworks CC (348/2007) [2008] ZASCA 100
Cession – Deed of suretyship – interpretation – two sureties binding theMedia Summayelves to creditor, each as surety for payment of debts of the other – clause in deed permitting creditor to cede rights under suretyship ‘on written notice to us’ – cession of rights under deed not invalid for want of prior written notice but ineffective as against surety until written notice given.
17 Sep
99

Gordon v Department of Health (337/2007) [2008] ZASCA 99
Practice – Non Joinder – direct and substantial interest – meaning of – relief sought relevant to enquiry – decision of Labour Appeal Court reversed. Affirmative Action – Meaning of ‘measures designed to . . .’ in s 8(3)(a) of Interim Constitution – Rational relationship of measures to objectives examined – ad hoc conduct not a measure as contemplated in s 8(3)(a) – such conduct inherently arbitrary and amounting to unfair labour practice within meaning of Item 2(1)(a) of Schedule 7 of Labour Relations Act 66 of 1995.

Media Summay

17 Sep
98

Hoho v The State (493/05) [2008] ZASCA 98
Criminal defamation – not abrogated by disuse – consonant with Constitution.

Media Summay

17 Sep
97

Eyssen v S (746/2007) [2008] ZASCA 97
Prevention of Organised Crime Act 121 of 1998: interpretation of ss 2(1)(e) and (f) (racketeering activities).

Media Summay

17 Sep
96

Brand House v Sasfin Bank (530/2007) [2008] ZASCA 96
Summary judgment. Appellants disclosing bona fide defence.

Media Summay

16 Sep
95

Transnet Ltd v Witter (517/2007) [2008] ZASCA 95
Delict: negligence of railway operator; passenger boarding moving train with open door. Contributory negligence: Apportionment of Damages Act 34 of 1956; approach of a court of appeal to an apportionment made by a trial court. Costs: Expert witnesses: when preparation (qualifying) fees of an expert, and allowances prescribed under s 42 Supreme Court Act 59 of 1959 (and s 51 bis of the Magistrates' Courts Act 32 of 1944), should be allowed on taxation; order declaring a witness a necessary witness, discussed.

Media Summay

16 Sep
94

Masstores (Pty) Ltd v Murray & Roberts Construction (Pty) Ltd (573/2007) [2008] ZASCA 94
Appeal against upholding of exception to claim for damages for destruction of warehouse and its contents through negligence on part of contractor effecting additions: excipient raised exemption clause (indemnification by employer) as a bar to the claim. Held that on the interpretation of the clause and the contract as a whole, the clause did preclude an action by the employer against the contractor
for destruction of the warehouse and its contents: appeal dismissed.

Media Summay

12 Sep
93

De Sousa v The State (626 / 2007) [2008] ZASCA 93
Fraud – sentence – approach to on appeal - striking disparity between sentence imposed and that which the appellate court would have imposed – sentence reduced from seven and - a-half to four years’ imprisonment.

Media Summay

12 Sep
92
Pratt v First Rand Bank (416/07) [2008] ZASCA 92
Currency – exchange control – rulings issued by Reserve Bank – admissibility of evidence to prove status and scope of such.
12 Sep
91

Van Eeden v Die Prokureursorde van Noordelike Provinsies (556/2007) [2008] ZASCA 91 * Only in Afrikaans
Appeal against refusal of an application in terMedia Summay of s 15(3) of the Attorneys Act 55 of 1979 for re-admission – finding that appellant concealed books of account in order to thwart an enquiry into a trust shortage – unfit to be re-admitted

Media Summay

12 Sep
90

Malan v The Law Society of the Northern Provinces (568/2007) [2008] ZASCA 90
Attorney – striking from the roll – restatement of approach

Media Summay

12 Sep
89

Afrisure v Watson (522/07) [2008] ZASCA 89
Claim against first appellant based on unjustified enrichment – condictio ob turpem vel iniustam causam – whether payments reclaimed were illegally made because they were in fraudem legis – relaxation of par delictum rule – whether counter-performance by defendant a defence where payments reclaimed were illegally made – claim against second appellant for damages suffered through same illegal payments based on breach of fiduciary duty as trustee.

Media Summay

11 Sep
88

Mana v The State (201/2008) [2008] ZASCA 88
Evidence – circuMedia Summaytantial evidence – adequacy thereof.

Media Summay

11 Sep
87
Vilakazi v The State (576/07) [2008] ZASCA 87 (2 September 2008)*
Sentence – rape – sentencing principles.
02 Sep
86

Minister of Finance v Paper Manufacturers Association (567/07) [2008] ZASCA 86 (2 September 2008)
Interdict preventing Minister from submitting Bill to parliament – legality of – jurisdiction – CustoMedia Summay and Excise Act 91 of 1964 s 48

Media Summay

02 Sep
85

Odendaal v Ferraris (422/2007) [2008] ZASCA 85*
In a sale of property, the seller’s failure to obtain statutory approval for building alterations on the property constitutes a latent defect in the property – where a seller does not wilfully conceal such a latent defect he is entitled to rely on the provisions of a voetstoots clause against a buyer who seeks to invoke the aedilitian remedies against him, except where the absence of statutory authorisation renders the property unfit for the purpose for which it was bought and sold.

Media Summay

01 Sep
84

Stewart v Botha (340/2007) [2008] ZASCA 84 (3 JUNE 2008)
Delict – liability of medical practitioner to a child born with congenital defects – failure to inform mother who would have terminated pregnancy – wrongfulness – legal policy.

Media Summay

03 Jun
83

Kungwini Local Municipality v Silver Lakes Homeowners Association (220/07) [2008] ZSCA 83 (RSA)
Local authority – rates and taxes – section 10G(7) of Local Government Transition Act 209 of 1993 – whether local authority substantially complied with this section in increasing property rates – validity of municipal council resolution and subsequent local authority notice

Media Summay

02 Jun
82

Ovation v Executive Officer Financial Services Board (519/2007) [2008] ZASCA 82 (02 JUNE 2008)
Appointment of a curator to take control and management of an institution under s 5 of the Financial Institutions (Protection of Funds) Act 28 of 2001 – court having a wide discretion and entitled to order that the costs of curatorship be defrayed from the assets of investors held by the institution – court further entitled to restrict payments to investment beneficiaries and disinvestment from the institution under curatorship.

Media Summay

02 Jun
81

P Langeveldt v The State (453/2007) [2008] ZASCA 81 (2 June 2008)
Motor collision – factual dispute – no misdirection on the part of trial court

Media Summay

02 Jun
80

EAL Mocke v The State (609/2007) [2008] ZASCA 80 (2 June 2008)
Accused convicted of murder by regional magistrate on evidence of single witness – no reasons given nor credibility findings made by magistrate on evidence of witnesses. On appeal – this held to be misdirection entitling appellate court to interfere and reassess evidence itself - Conviction and sentence set aside and replaced with one of being accessory after fact to murder. Sentence – two years of correctional supervision imposed. Costs – State ordered to pay wasted costs occasioned by non-appearance of its representative on attorney and client scale.

Media Summay

02 Jun
79

City of Cape Town v Helderberg Park Development (Pty) Ltd (291/07) [2008] ZASCA 79 (2 June 2008)*
Administrative law – section 28 of Land Use Planning Ordinance 15 of 1985 (Cape) – whether gives rise to independent cause of action for compensation – whether compensation claimable flowing from ultra vires decision not set aside – order in para 13.

Media Summay

02 Jun
78

NCSPCA v Openshaw (462/07) [2008] ZASCA 78 (RSA)
Interim relief - refusal of – delay by appellant in instituting principal action – right to interim relief forfeited – reasonable apprehension of irreparable harm not established - Order in para [31].

Media Summay

30 May
77

Egglestone v The State (297/2005) [2008] ZASCA 77 (30 May 2008)
Criminal Law – appeal against multiple convictions and sentence – consent – what is – indecent assault – what is – S v F still the law – owner of escort agency having sexual intercourse with and indecently assaulting prospective prostitute during on-the-job training – participation in training not amounting
to consent – convictions for rape and indecent assault confirmed. Order in para [29].

Media Summay

30 May
76

Director of Public Prosecutions: Transvaal v Venter (430/2007) [2008] ZASCA 76 (30 May 2008)*
Murder and attempted murder – family members – amnesia and temporary non pathological diminished criminal responsibility – effect on sentence – effect of minimum sentencing legislation – need for standardised and consistently severe sentences for violent crime – retributive and deterrent elements outweigh personal considerations – sentence of 18 years appropriate. Order in para [34].

Media Summay

30 May
75

Enslin v Nhlapo (553/2007) [2008] ZASCA 75 ( 30 May 2008)
Liability of property owner – cattle straying onto a public road – legal duty - negligence.

Media Summay

30 May
74

Lancino Financial Investments (Pty) Ltd v F J Bennet (358/2007) [2008] ZASCA 74 (30 MAY 2008)
Pleading – Exception upheld – Almost invariable practice for court to give pleader opportunity to amend - Order for costs – Where separate orders for costs made for separate aspects of the hearing, order must indicate to taxing master how costs are to be apportioned.

Media Summay

30 May
73

Sasria V Slabbert Burger Transport (510/2007) [2008] ZASCA 73 (30 MAY 2008)
Insurance policy – interpretation – absence of clear indication that words to be given special meaning rather than ‘ordinary dictionary meaning’ compatible with their content in the policy – contra proferentem rule applied.

Media Summay

30 May
72

Stokes v The State (532/07) [2008] ZASCA 72 (30 May 2008)
Extradition – s 19 of Act 67 of 1962 – only offences disclosed to requested state and fugitive constitute offences in respect of which extradition was sought – ‘sought’ to be interpreted to mean ‘successfully sought’.

Media Summay

30 May
71

Saayman v Visser (411/07) [2008] ZASCA 71 (30 May 2008)
Liability of homeowner in relation to the shooting of a 16 year-old boy by a security guard stationed at the premises ─ test to determine negligence on part of homeowner ─ reliance on expertise of security company ─ in totality of circuMedia Summaytances homeowner held not liable.

Media Summay

30 May
70

Bastian Financial Services v General Hendrik Schoeman Primary School (207/2007) [2008] ZSCA 70 (30 May 2008)
Contract – public school – liability of school for contractual damages – whether s 60(1) of Schools Act 84 of 1996 renders the State liable for claiMedia Summay for contractual damages against a public school

Media Summay

30 May
69

Hexvallei Besproeiingsraad v Geldenhuys (307/07) [2008] ZASCA 69 (30 Mei 2008) *Only in Afrikaans
Water – public water – diverting water contrary to terMedia Summay of court order to non-riparian land – interdict granted

Media Summay

30 May
68

Oliphant v The Road Accident Fund (395/2007) [2008] ZASCA 68 (30 May 2008)
Motor vehicle ‘driver’ working on his engine – spanner he was using slipped and dropped onto two electrical contact points causing vehicle to start and set off in reverse injuring the claimant – ‘freak accident’ – negligence not proved.

Media Summay

30 May
67
M H BLAKE AND ANOTHER v Z CASSIM AND ANOTHER (255/2007) [2008] ZASCA 67 ( 29 MAY 2008)
Contract – sale of immovable property – no obligation on seller to define form of guarantee before making demand for furnishing it – written agreement stipulates clearly time when guarantees to be furnished – seller entitled to cancel for failure to furnish guarantees on due date.
29 May
66

Kini Bay Village Association v Nelson Mandela Metropolitan Municipality (434/2007) [2008] ZASCA 66 (29 May 2008)
Appeal against order for payment of security for costs in terMedia Summay of s 13 of the Companies Act 61 of 1973 by impecunious appellant representing residents of affluent seaside suburb – court of first instance exercising discretion in strict sense – appeal court entitled to interfere only where material misdirection established even in case involving a constitutional issue.

Media Summay

29 May
65

Edcon Pension Fund v The Fianancial Services Board of Appeal and Another (349/07) [2008] ZASCA 65 (29 May 2008)
Pensions – whether right to bring transfer application under s 14 of Pension Funds Act 24 of 1956 accrued to appellant before Act 39 of 2001 came into operation.

Media Summay

29 May
64

Apco Africa v Apco Worldwide (372/2007) [2008] ZASCA 64 ( 29 May 2008)
Companies Act 61 of 1973 – s 344(h) - winding up of a company on the basis that it is just and equitable to do so.

Media Summay

29 May
63

Director of Public Prosecution v Henry (305/07) [2008] ZASCA 63 (29 May 2008)
Power of Court of Appeal to interfere with exercise of discretion as to costs by court of first instance – only in event of misdirection, irregularity or no grounds on which court acting reasonably could have made the order it did.

Media Summay

29 May
62

McIntosh v Premier, KwaZulu-Natal (632/07) [2008] ZASCA 62 (29 May 2008)
Delict – cyclist falling in attempt to avoid pothole in road - legal duty of Province apparent from statute – additional considerations when weighing up reasonableness of public authority’s conduct.

Media Summay

29 May
61

Makambi v MEC, Education, Eastern Cape (638/06) [2008] ZASCA 61 (29 May 2008)
Constitutional Law - whether High Court has jurisdiction to review termination of emoluments and benefits of educator in state school.

Media Summay

29 May
60

Minister of Agriculture v Bluelilliesbush Dairy Farming (270/07) [2008] ZASCA 60 (29 May 2008)
Animal Diseases Act 35 of 1984 – compensation under s 19(2) read with regulation 30 – animals slaughtered because of infection or reasonably suspected infection with bovine tuberculosis – dairy herd – ‘fair market value’ connotes value of animals free of infection

Media Summay

29 May
59

Amanita Premier Oils v Praysa Trade (247/07) [2008] ZASCA 59 (29 May 2008)
Contract of sale – delivery of groundnuts – terMedia Summay of contract – court reversing factual findings of trial court – finding in favour of supplier / plaintiff

Media Summay

29 May
58

Matshona v The State (509/2007) [2008] ZASCA 58 (28 May 2008)
Appeal to Supreme Court of Appeal against the refusal in a high court of a petition seeking leave to appeal against a sentence imposed in a regional court – leave to appeal to the high court should have been granted – merits of the appeal against sentence to be determined by the high court.

Media Summay

28 May
57

Brown v Mbhense (119/07) [2008] ZASCA 57 (28 May 2008)
Land Reform (Labour Tenants) Act 3 of 1996 – action in terMedia Summay of s 33(2A) – definition of ‘labour tenant’ – requirements for proof of

Media Summay

28 May
56

Chairman, State Tender Board v Supersonic Tours (Pty) Ltd (389/07) [2008] ZASCA 56 (27 May 2008)
State tenders ─ disqualification of tenderer by State Tender Board from tendering for future State contracts─ when competent ─ interpretation of regulations made under the State Tender Board Act, 68 of 1968 and the Preferential Procurement Policy Framework Act, 5 of 2000 ─ Procedural fairness as required by the Promotion of Administrative Justice Act (PAJA), 3 of 2000 ─ Income Tax Act, 58 of 1962 ─ possible contravention of s 4 ─ papers sent to the Commissioner, SARS, to enable him to investigate.

Media Summay

27 May
55

Ernst Bester Trust v Commissioner South African Revenue Service (282/2007) [2008] ZASCA 55 (26 MAY 2008)
Income Tax – Act 58 of 1962 – sales of sand – capital or revenue; s 22 – trading stock deduction – when allowed – SARS practice.

26 May
54

Cillie v Geldenhuys (306/07) [2008] ZASCA 54 (22 May 2008)
Verjaring – verkrygende varjaring van landelike serwitute – die verskil tussen positiewe en negatiewe serwitute – die omvang van serwitute en die eienaar van die dienende eiendom se bevoegdheid om die serwituut te affekteer – die kennisleer is nie op saaklike regte van toepassing nie.
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Prescription – acquisitive prescription of praedial servitudes – difference between positive and negative servitudes – scope of servitudes and servient owner’s power to impinge on the servitude – doctrine of notice does not apply to real rights.

Media Summay

22 May
53

Koumantarakis v Mystic River (172/07) [2008] ZASCA 53 (14 MAY 2008)
Sale of Land - Meaning and effect of clause in an agreement of sale in terMedia Summay of which a bank guarantee must be providedwhether the seller acted reasonably in rejecting the guarantee. Seller not entitled to reject the guarantee and cancel the agreement.

Media Summay

14 May
52
Gounder v Top Spec Investments (Pty) Ltd (165/07) [2008] ZASCA 52 (8 May 2008)
Husband and Wife – marriage in community of property – whether loan agreement entered into by one spouse without written consent of the other falls within ambit of s 15(2)(b) of Matrimonial Property Act 88 of 1984 where it incorporates agreement to register mortgage bond over the parties’ fixed property as security for the loan.
08 May
51

Mthembu v The State (64/2007) [2008] ZASCA 51 (10 April 2008)*
The evidence of an accomplice extracted through torture, (including real evidence derived from it), is inadmissible, even where the accomplice testifies years after the torture.

Media Summay

10 Apr
50
Maneli v The State (494/07) [2008] ZASCA 50 (1 April 2008)
Robbery – duplication of convictions.
01 Apr
49
Graham Dick v Angela Dick (241/2007) [2008] ZASCA 49 (31 March 2008)
Final interdict – Requirements for – no injury committed or reasonably apprehended. Dispute of fact not soluble on papers.
31 Mar
48

Head of Western Cape Education Department v Governing Body of Point High School (584/2007) [2008] ZASCA 48 (31 March 2008)
Administrative action in terMedia Summay of s 6(3) of the Employment of Educators Act 76 of 1998 – review by court – failure by decision-maker to weigh competing interests – resulting decisions unreasonable – decisions set aside – when court will give directive as to decision.

Media Summay

31 Mar
47

Geldenhuys v The State (470/2007) [2008] ZASCA 47 (31 March 2008)
Sexual Offences Act 23 of 1957 – constitutional validity of ss 14(1)(b) and 14(3)(b) of Act – distinction drawn between heterosexual and same-sex sexual activities by setting legal age of consent at 16 and 19 years, respectively, held to be unconstitutional – severance and reading-in so far as to make legal age of consent in respect of both heterosexual and same-sex sexual acts 16 years – qualified retrospectivity of the order of constitutional invalidity – appeal against conviction on six counts relating to same-sex sexual acts with boy over the age of 16 years but under the age of 19 years set aside, subject to confirmation by Constitutional Court of order of constitutional invalidity – appeal against convictions on four counts in respect of sexual acts at times when boy in question under the age of 16 years dismissed.

Media Summay

31 Mar
46
Northpark Trading v Ausplow (278/07) [2008] ZASCA 46 (31 March 2008)
Patent – revocation – not involving an inventive step
31 Mar
45 Alan Vermaak v The State (218/07) [2008] ZASCA 45 (31 March 2008)
Sentence – application to receive new evidence – no case made out – no misdirection on the part of magistrate.
31 Mar
44

Murray v Minister of Defence (383/2006) [2008] ZASCA 44 (31 March 2008)
Employment law – dismissal – constructive dismissal – member of South African National Defence Force – constitutional right to fair labour practices applicable – common law contract of employment developed to include protection against constructive dismissal – intolerable conditions, created by employer, not enough – employer must be to blame for conditions – duty of fair dealing with employee –breach of – employer refusing to return employee to former post –must inform employee fully of alternative.

Media Summay

31 Mar
43

Minister for Justice & Constitutional Development v Moleko (131/07) [2008] ZASCA 43 (31 March 2008)
Malicious prosecution – requirements for –– act or omission by magistrate in the exercise of his judicial functions – section 60(11)(a) of Criminal Procedure Act 51 of 1977 – release on warning of persons charged with Schedule 6 offences without any evidence being led.

Media Summay

31 Mar
42
Du Preez v Zwiegers (61/2007) [2008] ZASCA 42 (28 March 2008)
Attorney negligent in paying out money in trust account without establishing from depositor what latter wanted done with it.
28 Mar
41

Fairoaks Investment v S Oliver (268/07) [2008] ZASCA 41 (28 March 2008)
Sale of land – agreement of sale lapsed because of non-fulfilment of suspensive condition – agreement to revive agreement of sale with amendments has to comply with provisions of Act 68 of 1981.

Media Summay

28 Mar
40

Miloc Financial Solutions (Pty) Ltd v Logistic Technologies (Pty) Ltd (233/2007) [2008] ZASCA 40 (28/03/08)
Contract - exceptio non adimpleti contractus – principle of reciprocity – when applicable – payment, allocation of.

Media Summay

28 Mar
39

Guardrisk Insurance Company Ltd v Registrar of Medical Schemes (168/07) [2008] ZASCA 39 (28 MARCH 2008)
Interpretation of ‘business of a medical scheme’ in the Medical Schemes Act 131 of 1998 and ‘accident and health policy’ in the Short Term Insurance Act 53 of 1998 – ascertainment of whether selling certain policies constitutes the business of a medical scheme.

Media Summay

28 Mar
38

Taljaard v Botha Properties (666/06) [2008] ZASCA 38 (28 March 2008)
Estate Agency Affairs Act 112 of 1976 – section 34A – estate agent not entitled to remuneration if functions performed in absence of fidelity fund certificate – client who pays remuneration in such circuMedia Summaytances not entitled to claim its return.

Media Summay

28 Mar
37

Buckman Laboratories v Bromine Compounds (655/06) [2008] ZASCA 37 (28 March 2008)
Patent – revocation in terMedia Summay of s 61(1)(c) of Patents Act 51 of 1978 – absence of inventive step.

Media Summay

28 Mar
36

Swartzberg v Law Society, Northern Provinces (83/2007) [2008] ZASCA 36 (March 2008)
Attorney – re-admission of – s 15 (3)(a) of Attorneys Act 53 of 1979.

Media Summay

28 Mar
35

Joint Stock v Absa Bank Ltd (164/07) [2008] ZASCA 35 (28 March 2008)
Appropriation by bank of money held in client’s account ─ account used for specific purpose of funding the establishment of a mine and processing facilities by other parties ─ bank’s client having no legal interest in the money appropriated ─ held that appellant proved an entitlement to the money appropriated ─ bank ordered to repay the money.

Media Summay

28 Mar
34
Madinda v Minister of Safety and Security (153/2007) [2008] ZASCA 34 (28 March 2008)
Prescription – limitation of actions – Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 ss 3(1) and (2) – legal proceedings against SAPS – failure to give notice of intention to institute such proceedings within 6 months of date when debt became due – application for condonation under s 4 – ‘good cause’ and ‘absence of unreasonable prejudice’ – additional delays unrelated to failure to give timeous notice.
28 Mar
33

Street Pole Ads Durban v Ethekwini Municipality (06/07) [2008] ZASCA 33 (28 March 2008)
Mandament van spolie – despoiled party seeking relief going wider than despoiled property – respondent entitled to challenge title in counter-application – Contract law – contract not permitting party to‘subcontract any of its obligations’ – meaning of ‘subcontract’.

Media Summay

28 Mar
32

M AbrahaMedia Summay v Springbok Atlas (137/2007) [2008] ZASCA 32 (28 March 2008)
Claim for personal injury – negligence – fittings in bus – absolution from the instance.

Media Summay

28 Mar
31
Casino Enterprises (Pty) Ltd (Swaziland) v The Gauteng Gambling Board International (91/07) [2008] ZASCA 31 (28 March 2008)
Exception to claim – excipient not accepting plaintiff’s facts but advancing contradictory facts on which to base averment of absence of crucial allegation in claim.
28 Mar
30

Ntaka v The State (469/2007) [2008] ZASCA 30 (28 March 2008)
Sentence – appeal against effective sentence of six years’ imprisonment imposed on 17 year-old boy on conviction of rape of fellow pupil – correctional supervision not appropriate – majority finding custodial sentence under s 276(1)(i) of Act 51 of 1977 appropriate – appeal allowed – order in para [46].

Media Summay

28 Mar
29

Firstrand Bank v National Lotteries Board (385/07) [2008] ZASCA 29 (28 March 2008)
Lotteries Act 57 of 1997 – lottery – bank deposit conferring chance to win a prize – whether a prohibited lottery.

Media Summay

28 Mar
28

Seale v Van Rooyen NO (133/07) [2008] ZASCA 28 (27March 2008)
Administrative Actions : where an initial act is set aside on review subsequent acts, which depend on the initial act for their validity, are of no force or effect.The analysis of Forsyth as adopted in Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA) applies to the validity of acts consequent upon the initial act only for so long as the validity of the initial act has not been set aside on review; and the analysis does not deal with whether the initial act should be set aside.

Media Summay

27 Mar
27

Transnet Ltd v The MV Snow Crystal (250/07) [2008] ZASCA 27 (27 March 2008)
Use of dry dock – does dock master contract or perform administrative function? – mora ex re – supervening impossibility – damages – general or special.

Media Summay

27 Mar
26

Transnet Ltd v Maela (39/07) [2008] ZASCA 26 (27 March 2008)
Two mutually destructive versions - probabilities favouring version of the appellant’s witness.

Media Summay

27 Mar
25

Preddy v Health Professions Council of SA (54/2007) [2008] ZASCA 25 (31 March 2008)
Health Professions Act 56 of 1974 – ss 42 and 43 - medical practitioners guilty of unprofessional conduct – Penalties imposed by Professional Committee of Enquiry suspended on certain conditions – whether such conditions competent. Interpretation and application of section 42(1) and 43(1)(b) of the Act – intention to empower sentencing authority to select one or more of the penalties – substitution of ‘and’ for ‘or’ not to be lightly resorted to.

Media Summay

31 Mar
24

Fraser v Viljoen (621/2006) [2008] ZASCA 24 (27 March 2008)
Sale of immovable property – authorising other party to insert material terMedia Summay after delivery of uncompleted document – non-compliance with s 2(1) of Alienation of Land Act 68 of 1981

Media Summay

27 Mar
23

Bisnath v Absa Bank Ltd (117/07 and 674/07) [2008] ZASCA 23 (27 March 2008)
Mortgage and pledge: The obligations owed by a pledgee to the pledgor at common law in regard to fruits of the property pledged, are owed by a mortgagee of immovable property to the mortgagor only where the mortgagee is in possession of the mortgaged property.

Media Summay

27 Mar
22

Mercurius Motors v Lopez (149/2007) [2008] ZASCA 22 (27 March 2008)
Loss of vehicle delivered to service depot ─ failure to safeguard keys ─ reliance on exemption clause ─ held that clause not part of contract of deposit ─ the service depot held liable.

Media Summay

27 Mar
21

United Enterprises Corporation v STX Pan Ocean Company Ltd (222/07) [2008] ZASCA 21 (27/03/08)
Shipping – application to set aside arrest – exceptio rei judicatae not available where previous arrest set aside because prima facie case not established – application for countersecurity – applicant must show genuine and reasonable need for security.

Media Summay

27 Mar
20

Macru Farming CC v Standard Bank of South Africa Ltd (64/2007) [2008] ZASCA 20 (27 March 2008)
Appeal against the grant of a final winding-up order – whether High Court had failed to investigate the surrounding circuMedia Summaytances that applicant had been improperly induced to institute winding-up proceedings. Held that the facts showed no such inducement. Appeal dismissed.

Media Summay

27 Mar
19

CSARS v Saleem (21/2007) [2008] ZASCA 19 (27 March 2008)
Revenue – custoMedia Summay and excise – duty of officer when seizing goods in terMedia Summay of s 88(1)(c) of CustoMedia Summay and Excise Act 91 of 1964 – when justified in absence of books of account and supporting documents.

Media Summay

27 Mar
18

Road Accident Fund v Abdool-Carrim (293/2007) [2008] ZASCA 18 (27 March 2008)
Section 19(d) of the Road Accident Fund Act 56 of 1996 is applicable only to agreements made by third parties, not to those by suppliers.

Media Summay

27 Mar
17

Raliphaswa v Mugivhi (236/2007) [2008] ZASCA 17 (27 March 2008)
Damages for iniuria ─ defamation and unauthorised, invasive search during which appellant was indecently assaulted ─ when adverse inference for failure to call witness not justified.

Media Summay

27 Mar
16

De Villiers v McKay NO (231/07) [2008] ZASCA 16 (27 March 2008)
Contract: ‘entire agreement’ clause; provisions of another contract must be left out of account because even if factually relevant this are not legally relevant.

Media Summay

27 Mar
15
National Director of Public Prosecutions v Geyser (160/2007) [2008] ZASCA 15 (25 March 2008)
Immovable property an instrumentality of the offence of keeping a brothel in contravention of the Sexual Offences Act 23 of 1957 – property bought and renovated for sole purpose of that offence – forfeiture under the Prevention of Organised Crime Act 121 of 1998 not disproportionate to the Act’s remedial purpose to inhibit crime undertaken as a business.
25 Mar
14

Carolus v The State (32/07) [2008] ZASCA 14 (20 MARCH 2008)
Indecent assault – appellant raising alibi defence – Held complainant had positively identified the crime scene and the appellant as the perpetrator of the offence and consequently that the appellant was guilty of indecent assault – sentence of 8 years’ imprisonment appropriate.

Media Summay

20 Mar
13
Crossberg v S (440/2007) [2008] ZASCA 13 (20 March 2008)*
Disregarding the impact of at least 13 missing statements made by witnesses to the police, evidence not supporting conviction of murder ─ police and State’s duty to make full disclosure discussed ─ conviction of murder substituted with conviction of culpable homicide ─ sentence ─ factors to be considered discussed.
20 Mar
12
Griebenow v S (547/2007) [2008] ZASCA 12 (20 March 2008)
Private defence ─ appellant claiming he shot and killed deceased in defence of life and limb ─ held that there had been no such threat and that appellant’s actions were unlawful and consequently that he was guilty of murder ─ sentence of 12 years’ imprisonment appropriate.
20 Mar
11

Nedcor Bank Ltd v SDR Investment Holdings Co (Pty) Ltd 274/07) [2008] ZASCA 11 (20 March 2008)
Implied and tacit terMedia Summay not to be imported into agreement when in conflict with valid, express provisions.

Media Summay

20 Mar
10 Antoy Investments v Rand Water Board (159/2007) [2008] ZASCA 10 (20 March 2008)
Review – when matter to be remitted in successful review – decision made by CEO instead of decision making body.
20 Mar
9

Thembalethu Sam v The State (343/2007) [2008] ZASCA 9 (20 March 2008)
Accused charged with unlawful possession of a firearm in contravention of s 2 of Act 75 of 1969 - Section 51(2) of the Criminal Law Amendment Act 105 of 1997 read with Part II of Schedule 2 is applicable to the unlawful possession of a semi-automatic pistol – The Act does not create new ffences but defines a form of specified offences to which enhanced penalty jurisdiction applies.

Media Summay

20 Mar
8

JG Swanepoel v The State (508/07) [2008] ZASCA 8 (18 March 2008)
Appellant employer alleged to have assaulted and insulted employee following disciplinary inquiry – Appellant failing to appear in court on time due to misunderstanding between his attorney and public prosecutor – whether charges of assault, crimen injuria and contempt of court proved against appellant.

Media Summay

18 Mar
7

MM Mlimo v The State (454/07) [2008] ZASCA 7 (18 March 2008)
Appellant indicted in the High Court for murder and attempted murder of husband and wife arising out of a shooting incident - Whether judge’s conduct during trial rendered it unfair. Expert witness – whether trial court was entitled to accept the evidence of a witness who had not completed a diploma in ballistics as expert evidence – whether the witness’s experience in the said field was sufficient.

Media Summay

18 Mar
6
Wightman v Headfour (Pty) Ltd (66/2007) [2008] ZASCA 6 (10 March 2008)
Practice – application – dispute of fact – real, genuine or bona fide – what constitutes. Possession – spoliation – builder making duplicate keys available to owner for limited purpose – whether possession ipso facto lost – owner using keys to place other contractors in occupation – possession taken against consent of builder and illicitly.
10 Mar
5
Van Bosch v Charles (257/2007) [2008] ZASCA 5 (7 March 2008)
Magistrate’s Court Practice – Civil Proceedings – Exception to plea on ground that it discloses no defence dismissed.
07 Mar
4

Zietsman v Electronic Media Network (11/07) [2008] ZASCA 4 (7 March 2008)
Security for costs – s 17(2) of Patents Act 57 of 1978 – ‘any party’ includes incola plaintiff – agreement to provide security – relevant factors.

Media Summay


07 Mar
3

Nonkwali v Road Accident Fund (105/2007) [2008] ZASCA 3 (06 March 2008)
Claim in terMedia Summay of s 17 of the Road Accident Fund Act 56 of 1996 – no new claim form required in terMedia Summay of s 24 in respect of additional injury discovered after institution of action – claim in respect of subsequently discovered injury not introducing new cause of action.

Media Summay

06 Mar
2
Swart v Van Rensburg (688/2006) [2008] ZASCA 2 (29 Februarie 2008)
Sale of immovable property – defences of common assumption, conventional penalty and repudiation dismissed.
29 Feb
1

Linvestment CC v Hammersley (634/2006) [2008] ZASCA 1 (28 February 2008)
Land – servitudes – right of way – defined and registered – relocation at instance of owner of servient tenement – when allowed. Constitutional law – s 173 – development of the common law – when appropriate.

28 Feb
   
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