SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2009

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(*) Case Correction

  Citation & Summary
Delivered
174 The Minister of Finance v Golden Arrow Bus Services (115/2008) [2009] ZASCA 174 (4 Dec 2009)
Constitutional law – actions against State – satisfaction of orders of courts sounding in money – whether s 3 of the State Liability Act 20 of 1957 provides for satisfaction of judgment debt as direct charge against the National Revenue Fund.
04 Dec
173* Theart v Deon Minnaar NO (483/08) and Senekal v Winskor 173 (Pty) Ltd (007/09) [2009] ZASCA 173 (3 Dec 2009)
Interpretation – s 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – procedure to be followed in magistrates' court.
03 Dec
172 Pahad Shipping v SARS (529/08) [2009] ZASCA 172 (2 December 2009)
Customs duty – determination of transaction value – appeal in terms of Act 91 of 1964 a wide appeal - serious reservations about credibility of applicant’s factual averments – reference to evidence.
02 Dec
171

Mostert v The State (338/2009) [2009] ZASCA 171 (1 Dec 2009)
Unauthorized abstraction of water from a river – whether state limited to prosecution of statutory offences and common law prosecutions are excluded – effect of s 98 of the National Water Act of 1998.

Media Summary

01 Dec
170 Director of Public Prosecutions v Mngoma (404/08) [2009] ZASCA 170 (1 Dec 2009)
Criminal Law – Sentence – Accused sentenced to five years' imprisonment in terms of section 276(1)(i) of the Criminal Procedure Act 51 of 1977 – On appeal by State sentence held to be disturbingly inappropriate and replaced with sentence of ten years’ imprisonment.
01 Dec
169

Fletcher v S (171/09) [2009] ZASCA 169 (1 Dec 2009)
Rape – single witness – approach to be followed – many indications that complainant's evidence true –
accused version improbable

Media Summary

01 Dec
168

Duncan v The Minister of Environmental Affairs and Tourism (2/2009) [2009] ZASCA 168 (1 Dec 2009)
Review – refusal of fishing licence under s 18 of MLR Act 18 of 1998 – appellant seeking to enforce substantive legitimate expectation to acquire licence – question whether competent in our law left open because legitimacy of expectation held not to be established on the facts – further reliance on legitimate expectation to be heard prior to refusal – also dismissed on the facts.

01 Dec
167

Jacobs v Imperial Group (693/2008) [2009] ZASCA 167 (1 Dec 2009)
Contract – owner’s risk notice – incorporated in contract of service. Service provider entitled to assume that customer saw disclaimer on notice boards. Motor vehicle stolen – service provider shielded from liability by owner’s risk notice.

Media Summary

01 Dec
166

Pricewaterhouse v Van Vollenhoven NO (261/2009) [2009] ZASCA 166 (1 Dec 2009)
Administrative law – Promotion of Administrative Justice Act 3 of 2000, s 9(2) – whether high court correctly concluded that not in interests of justice that time within which review application to have been brought be extended.

Media Summary

01 Dec
165*

Pienaar v Brown (48/2009)[2009] ZASCA 165 (1 Dec 2009)
Claim for damages against property owner, building contractor and his sub-contractor ─ based on negligence ─ principles applied ─ whether failure to comply with statutory obligation under s 4(1) read with s 7 of National Building Regulations and Building Standards Act 103 of 1977 is evidence of negligence.

Media Summary

01 Dec
164 Singh v The State (367/2009) [2009] ZASCA 164 (30 November 2009)
Fraud – factual findings – no reason to interfere.
30 Nov
163

Minister of Safety & Security v Slabbert (668/2008) [2009] ZASCA 163 (30 November 2009])
Delict – arrest and detention – Trial court having regard to issues not pleaded or fully canvassed – Further detention of the plaintiff justified.

Media Summary

30 Nov
162

SP & C Catering Investments (Pty) Ltd v The Body Corporate of Waterfront Mews (84/09) [2009] ZASCA 162 (30 November 2009)
Sectional title scheme ─ reserved right to extend scheme ─ right lapsing after period for which it is reserved ─ court has no 'inherent’ or statutory power to extend the period.

Media Summary

30 Nov
161

Leeuw v First National Bank (516/2008) [2009] ZASCA 161 (30 November 2009)
Estoppel – negligent misrepresentation

Media Summary

30 Nov
160

Pappalardo v Hau (63/08) [2009] ZASCA 160 (30 November 2009)
Neighbour law ─ drainage of rainwater ─ rights and obligations of neighbouring owners in urban environment ─ whether lower owner obliged to accept rainwater flowing onto his property from higher lying neighbour ─ judgment in Williams v Harris 1998 (3) SA 970 (SCA) considered and discussed ─ lower owner only obliged to accept 'natural flow' ie flow across boundary which would have occurred before development of urban erven ─ higher owner seeking to enforce right obliged to prove what the 'natural flow' was.

Media Summary

30 Nov
159 City of Cape Town v Real People Housing (77/09) [2009] ZASCA 159 (30 November 2009)
Clearance certificate required by s 118(1) of the Local Government Municipal Systems Act 32 of 2000 - whether municipality entitled to withhold certificate until all debts are paid.
30 Nov
158

Turbek Trading v A & D Spitz (565/08) [2009] ZASCA 158 (27 November 2009)

Trade marks – revocation on the ground of prior rights

Media Summary

27 Nov
157

Century City Apartments v Century City Property Owners (57/09) [2009] ZASCA 157 (27 November 2009)

Trade marks – marks indicating geographical origin of services – revocation – infringement.

Media Summary

27 Nov
156

Hawekwa Jeugterrein v Byrne (615/08) [2009] ZASCA 156 (27 November 2009)

Claim in delict against Minister of Education – loss resulting from injuries sustained by child during school excursion under control of his teachers – held that injuries caused when child fell from top part of double bunk bed because of insufficient barrier on bunk – further held that resulting loss caused by wrongful and negligent omissions on the part of teachers – Minister vicariously liable.

Media Summary

27 Nov
155

Competition Commission v Telkom (623/08) [2009] ZASCA 155 (27 November 2009)

Competition Act 89 of 1998 – s 3(1A)(a) – concurrent jurisdiction – telecommunications industry – review of complaint referral – bias - noncompliance with s 50(4)(a) concerning extension of time for complaint referral - memorandum of agreement between Commission and ICASA – s 82 Competition Act

Media Summary

27 Nov
154

Ekurhuleni Metropolitan Municipality v Germiston Municipality Retirement Fund (457/08) [2009] ZASCA 154 (27 November 2009)

Interpretation of pension fund rule: interpretation to be done having regard to context – nature of fund, purpose of rule, general practice and effect – in order to give commercially sensible meaning to rule.

Media Summary

27 Nov
153

BP Southern Africa v Mahmood Investments (683/08) [2009] ZASCA 153 (27 November 2009)

Petrol filling station owner obliged in terms of contracts of sale of property and supply of products to conduct business of filling station: refusal to comply amounts to a repudiation of both contracts warranting eviction and retransfer of property to seller/supplier.

Media Summary

27 Nov
152*

Steyn v The State (105/09) [2009] ZASCA 152 (27 November 2009)

Criminal law – private defence – appellant shooting deceased who was about to assault her with a knife – shooting not unlawful.

Media Summary

27 Nov
151

City of Tshwane Metropolitan Municipality v Engineering Council of SA (532/08) [2009] ZASCA 151 (27 November 2009)

Whistleblower – employee writing a letter to Engineering Council and Department of Labour concerning
appointments to posts – whether contents of the letter constituted a protected disclosure under the Protected Disclosures Act 26 of 2000.

Media Summary

27 Nov
150

SouthernEra Resources Ltd v Farndell (664/08) [2009] ZASCA 150 (27 November 2009)

Sale of mineral rights – suspensive condition – sale complete (perfecta) upon fulfilment of condition – risk and benefit pass to purchaser on sale becoming perfecta – risk of loss or destruction of object of sale on purchaser.

27 Nov
149

Sublime Technologies v Jonker and Wilkinson (484/08) [2009] ZASCA 149 (27 November 2009)

Costs – whether correct exercise of judicial discretion in relation to award of wasted costs arising from a postponement of the trial. Court’s imposition of undertaking by party to pay costs, especially punitive costs, should trial not finish within estimated time an undersirable practice.
Media Summary

27 Nov
148

Umgeni Water v Mshengu (03/09) [2009] ZASCA 148 (26 November 2009)

Prescription Act 68 of 1969 – extinctive prescription – dismissed employee – claim for retirement benefits – cause of action not arising or accruing whilst dismissal in force.

Media Summary

26 Nov
147

Chretien v Bell (52/09) [2009] ZASCA 147 (26 November 2009)

Alienation of Land – Purchase and Sale Agreement not stipulating time for payment – contract unenforceable for non-compliance with s 2(1) of the Alienation of Land Act 68 of 1981.

Media Summary

26 Nov
146

Harrington N.O. v Transnet (32/09) [2009] ZASCA 146 (26 November 2009)

Negligence – cable patrol near railway line – duty of railway authorities to warn of despatch of unscheduled train at night – whether patrol contributorily negligent – relevance of belief founded in experience but misplaced. Railways – unscheduled train at night – duties of service operator and driver
to workers near line.

26 Nov
145

Gabriel v Die Staat (073/09) [2009] ZASCA 145 (26 November 2009)

Strafbare manslag – motorbotsing – gevangenisstraf – eerste oortreder – tersydestelling van vonnis – vonnis gevel op basis van verkeerde uitgangspunt.

Media Summary

26 Nov
144

Fish Hoek Primary School v G W (642/2008) [2009] ZASCA 144 (26 November 2009)

South African Schools Act 84 of 1996 – s 40(1) read with s 1 – liability of non-custodian parent for child’s school fees.

Media Summary

26 Nov
143

Tecmed v Nissho Iwai Corporation (705/08) [2009] ZASCA 143 (25 November 2009)

Universal succession of all plaintiff's rights and obligations under Japanese law after litis contestation -
substantive application to substitute successor as the plaintiff successful – validity of Rule 15 notice
consequently not considered – s 15(2) of Prescription Act 68 of 1969 not set in motion by substitution.

25 Nov
142*

Stratgro Capital v Lombard (417/2008) [2009] ZASCA 142 (23 November 2009)

Magistrates' Court Rule 45(8) – writ of execution and notice of attachment of incorporeal movable property – failure to give notice of attachment to execution debtor renders attachment incomplete – attachment and subsequent sale in execution null and void.

23 Nov
141

Mungal v Old Mutual (56/09) [2009] ZASCA 141 (20 November 2009)

Determination made by Pension Funds Adjudicator – whether adjudicator had jurisdiction to consider the complaint – endowment policy issued by an insurer - value upon early termination.

20 Nov
140

Absa v De Villiers (146/09) [2009] ZASCA 140 (17 November 2009)

Review of decision by Magistrate on the basis of gross irregularity in the proceedings ─ contention that Magistrate’s mistaken view of the law constituted such irregularity ─ held that decision not susceptible to review.

Media Summary

17 Nov
139

African National Congress v The Municipal Manager, George Local Municipality (550/08) [2009] ZASCA 139 (17 November 2009)

Whether a municipal ward councillor’s letter of resignation from a municipal council duly delivered to a municipal manager but subsequently withdrawn by its author and returned to him unread constitutes a valid resignation under Section 27(a) of the Local Government: Municipal Structures Act 117 of 1998.

Media Summary

17 Nov
138

Schoombee v Marais (635/08) [2009] ZASCA 138 (9 November 2009)

Professionele nalatigheidseis van die hand gewys.

09 Nov
137

Mkumatela v The Nelson Mandela Metropolitan Municipality (454/2008) [2009] ZASCA 137 (6 November 2009)

Review application brought in High Court under Promotion of Administrative Justice Act 3 of 2000 (PAJA)
in matter concerning labour relationship between organ of State and employee – held that conduct complained of does not constitute 'administrative action' as contemplated by PAJA.

06 Nov
136

Tshavhungwa v NDPP (328/09 & 593/08) [2009] ZASCA 136 (2 November 2009)

Claim for enforcement of constitutional right to administrative action that is lawful, reasonable and procedurally fair – dismissal of public employee – does not constitute ‘administrative action’.

02 Nov
135

Edcon v Pillemer (191/2008) [2009] ZASCA 135 (5 October 2009)

Labour Law – Labour Relations Act 66 of 1995 – Commission for Conciliation Mediation and Arbitration – Review of arbitration award – Constitutional standard of reasonableness applicable. Labour Law – fairness of dismissal – destruction of relationship of trust – evidence showing destruction necessary.

Media Summary

05 Oct
134

Coetzee v The State (502/08) [2009] ZASCA 134 (30 September 2009)

Criminal law – Sentence – appellant, a pastor ─ sentenced to an effective term of four years' imprisonment upon conviction on four counts of indecent assault and two counts of crimen iniuria. On appeal all counts treated as one for purposes of sentence ─ sentence set aside and replaced with one of four years' imprisonment in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977.

Media Summary

30 Sep
133*

Rudolph v The State (484/09) [2009] ZASCA 133 (30 September 2009)

Bail – onus in terms of s 60(11)(a) of the Criminal Procedure Act 51 of 1977 not satisfied.

Media Summary

30 Sep
132

Tuch v Myerson (447/09) [2009] ZASCA 132 (30 September 2009)

Defamation – defamatory allegations made in civil judicial proceedings – qualified privilege – allegations devoid of merit – ulterior purpose inferred – malice.

Media Summary

30 Sep
131

Polaris v The Registrar of Companies (595/08) [2009] ZASCA 131 (30 September 2009)

Companies Act 61 of 1973 – s 45(2) – new company name will cause confusion – name undesirable.

Media Summary

30 Sep
130

Consolidated News Agencies v Mobile Telephone Networks (510/08) [2009] ZASCA 130 (29 September 2009)

Insolvency – Act 24 of 1936 s 33(1) – disposition – restoration against indemnification – ‘in return for any disposition’ – ‘good faith’ – meaning - contemplation of sequestration – when present. Company – contract – or state of mind in concluding same – ‘directing mind and will’ – where located.

29 Sep
129

Randfontein Municipality v Grobler (543/08) [2009] ZASCA 129 (29 September 2009)

Eviction ─ referral to oral evidence on whether occupation with express or tacit consent ─ whether PIE or ESTA applicable.

Media Summary

29 Sep
128

Roads Agency Limpopo (Pty) Ltd v Murray & Roberts Construction Ltd (496/08) [2009] ZASCA 128 (29 September 2009)

Construction contract ─ standard form ─ interpretation of ─ employer's power to reject interim certificate ─ contractor not entitled to claim payment on rejected certificate ─ certificate issued after agreement to cancel ─ such not a certificate contemplated in the contract ─ contractor not entitled to rely on cancellation provisions in contract to claim on such 'certificate'.

Media Summary

29 Sep
127

Mr Video (Pty) Ltd v Nu Metro Filmed Entertainment (Pty) Ltd (472/08) [2009] ZASCA 127 (29 September 2009)

Copyright infringement – locus standi of parties to participate in proceedings to restrain infringement – relief by way of order for delivery up of infringing articles- special order for costs marking court's disapproval of conduct of infringing parties.

Media Summary

29 Sep
126

Road Accident Fund v PF Cloete NO (474/08) [2009] ZASCA 126 (29 September 2009)

Arbitration – question of law for opinion of the court stated by arbitrator in terms of s 20(1) of Arbitration Act 42 of 1965 – whether High Court had jurisdiction to hear matter – nature of discretion of arbitrator and of court.

Media Summary

29 Sep
125

Botha v S (425/08) [2009] ZASCA 125 (30 September 2009)

Minor inaccuracies in charge sheet not sufficient to find that accused did not know what case he had to meet: copies of documents admissible as best evidence: appellant convicted on 69 charges of fraud, one of forgery and one of uttering: appeal upheld only to extent of changing one conviction to convictions on all charges: sentence of 12 years’ imprisonment confirmed.
30 Sep
124

Selsley Farm v Mhlongo (301/08) [2009] ZASCA 124 (28 September 2009)

Labour tenant under Act 3 of 1996 – whether requirements of the definition of ‘labour tenant’ satisfied.

Media Summary

28 Sep
123

Ntshangase v MEC: Finance Kwa-Zulu Natal (402/08) [2009] ZASCA 123 (28 September 2009)

Labour law – whether an employer in the public sector is entitled to review its own decision pursuant to a
disciplinary enquiry, not to dismiss an employee – whether on the merits the decision in question was reviewable and whether the Labour Appeal Court should have substituted its own decision to dismiss the appellant instead of referring the matter for a rehearing on the issue of an appropriate sanction.

Media Summary

28 Sep
122

Du Rand v Faerie Glen (302/08) [2009] ZASCA 122 (28 September 2009)

Applicability of Housing Development Schemes for Retired Persons Act 65 of 1988 to a sectional title scheme.

Media Summary

28 Sep
121

Olawale v The State (165/09) [2009] ZASCA 121 (28 September 2009)

Criminal Law ─ Robbery with aggravating circumstances ─ Appeal against conviction and sentence of 10 years' imprisonment ─ Evidence of complainant not corroborated ─ Appellant's version reasonably possibly true ─ Conviction and sentence set aside.

Media Summary

28 Sep
120

Cuninghame v First Ready Development 249 (238/08) [2009] ZASCA 120 (28 September 2009)

Section 21 of the Companies Act 61 of 1973 – association with main object to conduct commercial hotel
– not an 'association not for gain' as contemplated by section – object non-compliant with provisions of
s 21(1)(b) – business operation in accordance with object thus unlawful in itself – winding-up of association therefore found to be just and equitable in terms of s 344(h) of the Act.

28 Sep
119

Kiepersol Poultry Farm v Phasiya (230/08) [2009] ZASCA 119 (25 September 2009)

Land – land reform – eviction in terms of Extension of Security of Tenure Act 62 of 1997 – whether occupier still occupies premises/land in terms of the Act.

 

25 Sep
118

McCarthy v ABSA (511/08) [2009] ZASCA 118 (25 September 2009)

Banker – claim against by drawer for negligent payment of cheques – knowledge acquired in course of collecting the cheques for another customer – court might find that such knowledge should have put bank on enquiry – absolution at end of plaintiff’s case should have been refused.

25 Sep
117

Jaftha v S (687/08)[2009] ZASCA 117 (25 September 2009)

Court of appeal entitled to consider new evidence on appeal and to impose a new sentence in exceptional cases where circumstances have changed after conviction and sentence.

Media Summary

25 Sep
116

Michele v S (477/08) [2009] ZASCA 116 (25 September 2009)

Criminal procedure – appeal against sentence – undue delay in dealing with an application for leave to appeal – mental anguish caused as a result taken into account by appeal court in determining appropriate sentence – sentence reduced.

Media Summary

25 Sep
115

Philani-Ma-Afrika v Mailula (674/08) [2009] ZASCA 115 (25 September 2009)

Sale of property – Failure to establish sale and transfer of property duly authorised – order putting eviction order into operation – whether appealable.

25 Sep
114

Mamase v The State (175/08) [2009] ZASCA 114 (25 September 2009)

Jurisdiction – validity of direction of National Director of Public Prosecutions in terms of s 22(3) of the National Prosecuting Authority Act 32 of 1998.

Media Summary

25 Sep
113

Nxumalo v The State (450/2008) [2009] ZASCA 113 (23 September 2009)

Evidence – whether circumstantial evidence was sufficient to justify conviction of the appellant. Test regarding such evidence applied to the facts.

Media Summary

23 Sep
112

Guardian National Insurance Co Ltd v Springgold Investments (Pty) Ltd (526/08) [2009] ZASCA 112 (23 September 2009)

Insurance – contamination of palm olein oil by water leaking from steam pipes in storage tanks – policy excluding liability for loss caused directly and solely by contamination – insured alleging holes in steam pipes caused by sabotage – on factual evidence sabotage highly improbable – expert evidence not tipping probabilities in favour of insured.

Media Summary

23 Sep
111

Riba v State (74/2009)[2009] ZASCA 111 (23 September 2009)

Theft ─ a policeman and his colleague allegedly retained suspected stolen goods ─ failed to enter them in SAP 13 register and to keep in a store ─ goods entered in the register two days later after complaint by suspect ─ whether intention to steal established. Appeal against sentence dismissed but 4 years
imprisonment imposed by High Court antedated to 1 November 2008, to take into account the appellant’s earlier incarceration of ten and a half months prior to hearing of appeal before High Court.

Media Summary

23 Sep
110*

Manong v Minister of Public Works (518/2008) [2009] ZASCA 110 (23 September 2009)

Practice – companies – litigation ─ whether obliged to act through a legal representative. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 - application for interim interdict to Equality Court – failure to establish a prima facie case.

Media Summary

23 Sep
109

Anglovaal v SARS (411/08) [2009] ZASCA 109 (22 September 2009)

Income Tax Act 58 of 1962 – acquisition of shares – whether acquired as capital investment or trading stock – whether computation of appellant’s income tax liability done in accordance with s 22.

Media Summary

22 Sep
108

Zürich v The State (42/09) [2009] ZASCA 108 (22 September 2009)

Criminal law – Appeal against conviction of unlawful trade in ivory – Admissibility of evidence obtained as a result of improper conduct not involving the accused.

Media Summary

22 Sep
107

Law Society of the Northern Provinces v Mogami (588/08) [2009] ZASCA 107 (22 SEPTEMBER 2009)

Attorneys; disciplinary proceedings

Media Summary

22 Sep
106

City of Johannesburg v Gauteng Development Tribunal (335/08) [2009] ZASCA 106 (22 September 2009)

Constitutional validity – Chapters V and VI of the Development Facilitation Act 67 of 1995 – conflict with reservation of powers to municipalities – chapters declared invalid but declaration suspended on certain terms.

22 Sep
105

Kruger v Goss and another (603/08) [2009] ZASCA 105 (21 September 2009)

Rehabilitative maintenance order ─ claim against deceased estate ─ s 7(2) of the Divorce Act 70 of 1979 and the common law discussed ─ claim held not to be enforceable.

Media Summary

21 Sep
104

Espag v Hattingh (348/2008) [2009] ZASCA 104 (21 September 2009)

Partnership – misconduct on the part of a partner – no obligation on the other partners to afford the guilty partner a hearing before terminating the partnership.

Media Summary

21 Sep
103

Ronbel v Sublime (555/08) [2009] ZASCA 103 (18 September 2009)

Section 359(2) of Companies Act 61 of 1973 – no notice to liquidator of intention to continue legal proceedings – proceedings considered to be abandoned – court’s discretion to otherwise direct – long delay in bringing application.

Media Summary

18 Sep
102

Rockbreakers and Parts (Pty) Ltd v Rolag Property Trading (Pty) Ltd. (498/08) [2009] ZASCA 102 (18 September 2009)

Alienation of land – party accepting offer adding a suspensive condition amounting to a counter offer – other party not signing the amendment – contract unenforceable for non-compliance with s 2(1) of Alienation of Land Act 68 of 1981.

Media Summary

18 Sep
101*

Swanepoel v Nameng (43/2009) [2009] ZASCA 101 (18 September 2009)

Agreement of sale of immovable property ─ property incorrectly described but subsequently amended by the parties ─ whether formalities prescribed by s 2(1) of the Alienation of Land Act 68 of 1981 complied with ─ agreement subject to suspensive condition requiring bond approval by certain date ─ whether suspensive condition fulfilled.

Media Summary

18 Sep
100

Kebana v The State (161/09) [2009] ZASCA 100 (18 September 2009)

Criminal law – attempted murder – holistic assessment of probabilities.

18 Sep
99

Mia v Verimark Holdings (Pty) Ltd (522/08) [2009] ZASCA 99 (18 September 2009)

Damages – Non-fulfilment of suspensive condition in written agreement – Whether the respondent has proved a claim for damages as contemplated in the agreement.

Media Summary

18 Sep
98

Bane v D'Ambrosi (279/08) [2009] ZASCA 98 (17 September 2009)

Delictual damages - measure of – Plaintiff claiming loss of earnings which would have accrued in United Kingdom – Plaintiff, as a result of delict unable to work in United Kingdom and remaining in South Africa – adjustment to measure of loss in sterling currency to allow for lower cost of living in South Africa.

Media Summary

17 Sep
97*

Minister of Safety and Security and others v Loraine Craig (572/08) [2009] ZASCA 97 (17 September 2009)

Delict - wellbeing of arrested persons ─ duty of police officers discussed ─ examination by district surgeon prior to detention at police station ─ cause of death delayed rupture of descending aorta ─ in totality of circumstances police not negligent.

Media Summary

17 Sep
96*

Manyathse v M & G Media Ltd (415/2008) [2009] ZASCA 96 (17 September 2009)

Appeal against dismissal of application seeking to prevent publication of allegedly defamatory newspaper article – article published prior to hearing of appeal – held that judgment on appeal would have no practical effect – held further that appeal raised no important question of law – consequently appeal dismissed with costs under s 21A of Supreme Court Act 59 of 1959.

Media Summary

17 Sep
95

Minister of Safety and Security v Madyibi (643/08) [2009] ZASCA 95 (17 September 2009)

Delict – loss of support – wrongfulness – police negligently failing to dispossess sergeant of official firearm – sergeant taking his own life with firearm – claim for loss of support by dependants – wrongfulness established

Media Summary

17 Sep
94

Act Computers v NVM Beleggings (648/2008) [2009] ZASCA 94 (17 September 2009)

Appeal against order to repay moneys where contract found to have been vitiated by material mistake: no
mistake in fact – contract embodied in written documents accepted orally. Appeal upheld.

17 Sep
93*

Kotzè v The State (429/08) [2009] ZASCA 93 (15 September 2009)

Criminal law – Police trap and undercover operation – Contraventions of s 20 of Diamonds Act 56 of 1986 – S 252A of the Criminal Procedure Act.

Media Summary

15 Sep
92

Cladall Roofing (Pty) Ltd v SS Profiling (Pty) Ltd (515/08) [2009] ZASCA 92 (14 September 2009)

Contract – standard conditions of agreement – whether seller entitled to rely on certain clauses as defence to claim for damages by purchaser – goods delivered bearing no resemblance to goods ordered – no performance at all in terms of contract – held that clauses do not apply

14 Sep
91

Mathebula and The State (431/09) [2009] ZASCA 91 (11 September 2009)

Criminal Procedure – Criminal Procedure Act 51 of 1977 s 60(11)(a) – bail - exceptional circumstances – weakness of state case – necessary proof.

11 Sep
90

Nature’s Choice v Ekurhuleni Municipality (487/08) [2009] ZASCA 90 (11 SEP 2009)

Atmospheric Pollution Prevention Act 45 of 1965 – smoke control regulations – plans and specifications for installation of boiler required – failure to comply – effect.

Media Summary

11 Sep
89

Puma v Global Warming (408/08) [2009] ZASCA 89 (11 SEPTEMBER 2009)

Trade mark – infringement – Trade Marks Act 194 of 1993 s 34(1)(a).

Media Summary

11 Sep
88

Petersen v Minister of Safety & Security (514/2008) [2009] ZASCA 88 (10 September 2009)

Delictual claim against the respondent for injuries sustained by the appellant's minor son through gunshot fired by police – finding that police action justified because shot had been fired in circumstances of necessity upheld on appeal.

Media Summary

10 Sep
87

City of Tshwane v Cable City (232/08) [2009] ZASCA 87 (10 September 2009)

Administrative action – whether joinder of relevant actor necessary – whether notice promulgated by the Minister validly authorized by s 12(1) of the Regional Services Councils Act 109 of 1985.

Media Summary

10 Sep
86

On-line Lottery Services v National Lotteries Board (536/08) [2009] ZASCA 86 (7 September 2009)

Intellectual property – trade mark – registrability of mark – whether mark capable of distinguishing.
Unlawful competition – passing off – reasonable likelihood of confusion – factors excluding.

07 Sep
85*

Oudekraal Estates (Pty) Ltd v The City of Cape Town and others (25/08) [2009] ZASCA 85 (3 September 2009)

Application for review ─ to set aside decision to approve township in 1957 ─ failure to take into consideration religious and cultural rights of Muslim community ─ application of delay rule ─ unprecedented time lapse ─ unique circumstances ─ discretion exercised to set aside decision.

Media Summary

03 Sep
84*

Kovacs Investments 724 (Pty) Ltd v Marais (323/2008) [2009] ZASCA 84 (20 August 2009)

Contract – sale of immovable property – written agreement – securing loan in amount less than that stipulated constitutes variation of term and not merely waiver of right – contrary to provisions of s 2(1) of Alienation of Land Act and to no variation clause.

20 Aug
83

Absa Brokers v RMB Financial Services and others (332/08) [2009] ZASCA 83 (20 August 2009)

Interpretation of section 2 of the Apportionment of Damages Act 34 of 1956.

Media Summary

20 Aug
82

Volvo v Yssel (247/08) [2009] ZASCA 82 (20 August 2009)

Fiduciary duty – circumstances in which such a duty exists.

20 Aug
81*

Cronje v Hillcrest Village (325/08) [2009] ZASCA 81 (17 July 2009)

Section 420 of Companies Act 61 of 1973 – application to avoid dissolution of liquidated company - unlikelihood of avoidance yielding a financial benefit to applicant, inaction and delay on the part of applicant factors to be taken into account in exercise of court’s discretion.

Media Summary

17 Jul
80

The Occupiers of Shorts Retreat v Daisy Dear Investments (245/2008) [2009] ZASCA 80 (3 July 2009)

Evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – the requirements therefor restated.

03 Jul
79*

Du Plessis v Prophitius and Another (204/08) [2009] ZASCA 79 (3 June 2009)

Immovable property – transfer of ownership – validity of.

Media Summary

03 Jun
78

Sewpersadh v Dookie (231/08) [2009] ZASCA 78 (1 June 2009)

Sale of land – termination of agreement of sale– whether conduct of parties after valid cancellation
thereof tantamount to a revival of the agreement.

Media Summary

01 Jun
77

Minister of Trade and Industry v Klein NO (695/08) [2009] ZASCA 77 (1 June 2009)

Appellant applying for condonation of late filing of record and heads of argument, and seeking order reinstating lapsed appeal – no acceptable explanation for delays – prospects of success on the merits remote– application dismissed.

Media Summary

01 Jun
76

JP Kriel v The Legal Aid Board (138/08) [2009] ZASCA 76 (1 June 2009)

Unlawful dismissal ─ application for review of dismissal under an employment contract correctly refused as dismissal not amounting to administrative action.

Media Summary

01 Jun
75

Feldman v EMI Music (268/08 & 269/08) [2009] ZASCA 75 (1 June 2009)

Co-author of work of joint authorship not entitled to sue for all damages resulting from infringement without joining other co-authors or making out a case for such entitlement.

Media Summary

01 Jun
74*

Bulkship Union SA v Qannas Shipping Co Ltd (339/08) [2009] ZASCA 74 (1 June 2009)

Shipping – Admiralty Jurisdiction Regulation Act 105 of 1983, s 3(7) - interpretation of phrase 'when the maritime claim arose'.

01 Jun
73

Gibbs v Minister of Justice (234/08) [2009] ZASCA 73 (1 June 2009)

Principle of legality ─ Interpretation and application of statutory scheme─ Public Service Act 111 of 1984 ─ Public Service Act 103 of 1994─ Magistrate’s Act 90 of 1993 ─ Regulations ─ whether system of merit awards previously applicable to certain Magistrates, continue to have legal validity ─ no legal basis for awards which, in any event, militate against judicial independence and constitutional values.

Media Summary

01 Jun
72

Director of Public Prosecutions, Kwazulu-Natal v Ngcobo (165/08) [2009] ZASCA 72 (1 June 2009)

Minimum sentence regime ─ principles to be applied─ absence of substantial and compelling circumstances ─ imposition of minimum sentences justified.

Media Summary

01 Jun
71

Lombard v Landmark & others (343/08) [2009] ZASCA 71 (1 June 2009)

Construction guarantee and indemnities ─ construed independently of construction contract ─ undertaking to pay upon the happening of an event ─ obligation to honour undertaking.

Media Summary

01 Jun
70

Spearhead Property Holdings Ltd v E & D Motors (Pty) Ltd (214/08) [2009] ZASCA 70 (1 June 2009)

Lease – whether an option to purchase leased property is binding on a lessor’s successor-in-title by virtue of the rule ‘huur gaat voor koop’ – whether lease agreement ought to be rectified.

Media Summary

01 Jun
69

Makhanya v University of Zululand (218/08) [2009] ZASCA 69 (29 May 2009)

Employment – claim to enforce contract – alternative remedies available under Labour Relations Act 1995 – whether high court had jurisdiction to consider claim.

29 May
68

Joubert v Maranda Mining Company (296/08) [2009] ZASCA 68 (29 May 2009)

Right of access to land in terms of Mineral and Petroleum Resources Development Act 28 of 2002 – unreasonable refusal by land owner and occupier to allow mining permit holder access to land – held that when permit holder has complied with all requirements in terms of the Act it has a right to enter the land to exercise its rights.

Media Summary

29 May
67

Mthembu v Transnet t/a Metrorail (157/08) [2009] ZASCA 67 (29 May 2009)

Application for special leave to appeal – no reasonable prospects of success in a further appeal.

Media Summary

29 May
66

Qaukeni Local Municipality v FV General Trading (324/08) [2009] ZASCA 66 (29 May 2009)

Contract – municipal contract concluded in breach of prescribed processes relating to procurement of municipal services – no difference in procument processes required for basic municipal services - contract invalid– unnecessary for appellants in present proceedings to have sought a formal review of the award of the contract – declaration of invalidity issued.

Media Summary

29 May
65

Mshengu v The State (446/08) [2009] ZASCA 65 (29 May 2009)

Plea of guilty in terms of s 112 of the Criminal Procedure Act 51 of 1977 – the requirements therefor restated.

Media Summary

29 May
64

Henriques v Giles NO (213/08) [2009] ZASCA 64 (29 May 2009)

Wills – husband and wife each inadvertently signing will drafted for the other – husband first-dying – whether rectification of his will possible.

Media Summary

29 May
63

SARS v Moresport (360/08) [2009] ZASCA 63 (29 May 2009)

Customs and Excise ─ Failure to disclose a defence contained in a letter in an ex-parte application, not fatally defective.

Media Summary

29 May
62

Du Plessis NO v Goldco Motor & Cycle Supplies (Pty) Ltd (372/08) [2009] ZASCA 62 (29 May 2009)

Option to purchase immovable property deemed to have been exercised by purchaser where seller has
deliberately frustrated exercise in prescribed mode.

Media Summary

29 May
61

Nedbank Ltd v P U Injection Manufacturing (Pty) Ltd (686/08) [2009] ZASCA 61 (29 May 2009)

Claim for payment of money from a bank account in which financial rand had been held refused where applicant unable to prove any right to the money.

Media Summary

29 May
60

Momentum Group Ltd v Van Staden NO & another (187/08) [2009] ZASCA 60 (29 May 2009)

Cession in securitatem debiti – Payment by debtor to cedent – subsequent claim against debtor by
cessionary – whether debtor had knowledge of the cession at time of payment to cedent

Media Summary

29 May
59

Manong v Department of Roads & Transport, Eastern Cape Province (331/08) [2009] ZASCA 59 (29 May 2009)

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 – jurisdiction – High Court sitting as an equality court not a High Court ─ extent of jurisdiction of equality court to grant relief in respect of administrative action allegedly invalid on the grounds that it amounted to unfair discrimination.
29 May
58

Kimberley Junior School v The Head of the Northern Cape Education Department (278/08) [2009] ZASCA 58 (29 May 2009)

Employment of Educators Act 76 of 1998 – appointment of principal of public school by first respondent in terms of s 6(3) of the Act – recommendation by school governing body found to be essential prerequisite for such appointment – held on the facts that such recommendation had never been made – appointment consequently set aside.

Media Summary

28 May
57

Mathenjwa v Magudu Game Company (258/08) [2009] ZASCA 57 (28 MAY 2009)

Wild animals - ownership in – whether ownership acquired and thereafter lost.

Media Summary

28 May
56

Walker v Santam (410/2008) [2009] ZASCA 56 (28 May 2009)

Indemnity insurance – repudiation by insurers –sufficiency of proof of loss.

28 May
55

Minister of Safety and Security v Tyulu (327/08) [2009] ZASCA 55 (27 May 2009)

Unlawful arrest and detention – s 40(1)(a) and (f) – Criminal Procedure Act 51 of 1977 – whether the appellant had adduced sufficient evidence to justify the respondent’s arrest and detention – The appropriate quantum of damages in respect of respondent’s arrest and detention – Award reduced on appeal.

27 May
54

Erasmus Ferreira & Ackermann v Francis (311/08) [2009] ZASCA 54 (27 May 2009)

Section 1(1) of the Assessment of Damages Act 9 of 1969 which, in an action for damages arising from a person’s death, prohibits insurance money, pensions or benefits from being taken into account in calculating loss of support, does not apply to a dependant’s action against attorneys who negligently caused the loss of support claim to become prescribed. Where, however, a dependant received a collateral benefit from an insurance company in respect of the prescribed claim it was held that it was fair that the attorneys, who had caused the loss of support claim to become prescribed, should not be entitled to deduct that benefit from their overall liability to the dependant.

Media Summary

27 May
53

St Paul Insurance Co SA Ltd v Eagle Ink System (Pty) Ltd (300/08) [2009] ZASCA 53 (27 May 2009)

Continuation of a trial when the judge has died; interpretation of 'contaminated' in a public liability insurance policy; effect of exclusion in extension clause.

Media Summary

27 May
52*

Mazibuko v The National Director of Public Prosecutions (113/08) [2009] ZASCA 52 (26 May 2009)

Prevention of Organised Crime Act – forfeiture of immovable property – property owned by spouses married in community of property – whether interest of one spouse capable of being excluded.

26 May
51

Grobler v Oosthuizen (299/2008) [2009] ZASCA 51 (26 May 2009)

Cession of policy in compliance with terms of sale which proved to be null and void – policy paid out to heir of cessionary – claim by cedent against heir for proceeds of policy – plea of prescription by heir premised on postulate that cedent's claim for re-cession of rights under policy which arose more than three years prior to summons– cession construed as cession in securitatem debiti and not outright cession – held that re-cession consequently not required – held further that in the premises plea of prescription could not succeed.

Media Summary

26 May
50

Manong v Eastern Cape Department of Roads and Transport & others (369/08) [2009] ZASCA 50 (25 May 2009)

Principle of legality ─ powers of Equality Court ─ consideration of provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ─ Equality Court not a High Court ─ powers exercised in terms of the Act ─ restricted to dealing with specified complaints ─ procedures in terms of Equality Act not followed ─ matter remitted.

Media Summary

25 May
49

Clipsal Australia v Gap Distributors (657/08) [2009] ZASCA 49 (25 May 2009)

Judgment staying judicial proceedings pending the determination of other judicial proceedings held to be appealable.

Media Summary

25 May
48

Van der Westhuizen v The State (479/08) [2009] ZASCA 48 (22 MAY 2009)

Condonation – failure to prosecute appeal in compliance with the rules – explanation for delay and prospects of success evaluated

Media Summary

22 May
47

Mia v The State (604/08) [2009] ZASCA 47 (22 May 2009)

Fraud – sentence – no substantial and compelling circumstances present– minimum sentence on each count confirmed – striking disparity between effective sentence imposed and that which appellate court would have imposed – sentence reduced from 20 to 15 years’ effective imprisonment.

Media Summary

22 May
46

Johaar v Die Staat (652/2008) [2009] ZASCA 46 (21 Mei 2009) * Only in Afrikaans

Vonnis – menseroof en veelvuldige aanklagte van roof met verswarende omstandighede – eerste appellant gevonnis tot effektiewe termyn van 30 jaar gevangenisstraf en tweede appellant tot 16 jaar gevangenisstraf – of kumulatiewe effek van die opgelegde vonnisse buitensporig is.

21 May
45

S A Post Office v De Lacy (19/08) [2009] ZASCA 45 (13 May 2009)

Tender – claim for damages by unsuccessful tenderer – whether facts establish dishonesty.

Media Summary

13 May
44*

King v The Attorneys Fidelity Fund Board of Control (137/2008) [2009] ZASCA 44 (12 May 2009)

Attorneys Fidelity Fund – claims against Fund under s 26(a) of Attorneys Act 53 of 1979 – money paid into firm of attorneys' trust account and subsequently stolen– assumed money had been entrusted to practitioner in course of practice as such – money destined to be invested in factoring scheme operated by third party– claims excluded by s 47(1)(g) of Attorneys Act since, when money deposited in practitioner's trust account, instruction was to invest in factoring scheme on claimants' behalf.

12 May
43

Jacobs v Baumann NO (126/08) [2009] ZASCA 43 (8 May 2009)

Whether summons issued in an action, launched by an executor of a deceased estate subsequently found to have been unlawfully appointed, a nullity – whether substitution of executor having effect of adding a new party to the action and prejudicing to the appellants.

Media Summary

08 May
42

Botha v NDPP (736/07) [2009] ZASCA 42 (31 March 2009)

Application for recusal - alleged bias on part of magistrate ─ test for recusal not met ─ application to lead further evidence dismissed ─ evidence wilfully withheld.

Media Summary

31 Mar
41

National Tertiary Retirement Fund v Registrar Pension Funds (221/08) [2009] ZASCA 41 (31 March 2009)

Pension Funds Act 24 of 1956 – amendment of rules – benefits payable upon retirement reduced – reduction affecting benefits payable upon cessation of membership prior to retirement – amendment not inconsistent with s 37A and s 14A – no discretion to refuse registration conferred on registrar by s 12(1)(b).

Media Summary

31 Mar
40

Silhouette Investments Ltd v Virgin Hotels Group Ltd (116/208) [2009] ZASCA 40 (31 March 2009)

Extinctive Prescription – whether debtor 'outside the Republic' in terms of s 13(1)(b) of Prescription Act 68 of 1969 – whether interruption of prescription effected by service of summons lapsed in terms of s 15(2) of the Act when summons amended so as to substitute new plaintiff, after which summons re-amended so as to reintroduce original plaintiff.

Media Summary

31 Mar
39

Rudolph v Minister of Safety and Security (380/08) [2009] ZASCA 39 (31 March 2009)

Claim for damages ─ Arrests and detention of appellants unlawful as no offence committed in the
presence of peace officer ─ Prosecution of appellants malicious ─ Requirement of ‘malice’
considered in the context of animus injuriandi held to have been met ─ Substantial damages awarded
on appeal.

Media Summary

31 Mar
38

Transman v Graham Dick (147/08) [2009] ZASCA 38 (31 March 2009)

Jurisdiction – the high court has jurisdiction to entertain administrative reviews – dismissals from employment cannot be challenged by means of review – non-compliance with administrative law rules incorporated into employment agreements constitutes a contractual breach giving rise to ordinary remedies.

Media Summary

31 Mar
37

Fourie Beleggings v CSARS (168/08) [2009] ZASCA 37 (31 March 2009)

Income tax – amount paid to appellant, a hotelier, to compensate it for the cancellation of a contract to accommodate a number of people in its hotel for more than two years – such contract not forming part of the appellant’s income- producing structure – payment not of a capital nature and subject to tax.

Media Summary

31 Mar
36

Langa v Hlophe (697/08) [2009] ZASCA 36 (31 March 2009)

Judge – complaint of judicial misconduct by other judges – alleged violation of accused judge’s constitutional rights – no right to be heard before complaint filed and media statement issued

Media Summary

31 Mar
35*

Jeebhai v Minister of Home Affairs (139/08) [2009] ZASCA 35 (31 March 2009)

Immigration Act 13 of 2002 read with Immigration Regulations - lawfulness of arrest, detention and deportation of illegal foreigner.

Media Summary

31 Mar
34

Ulde v Minister of Home Affairs (320/08) [2009] ZASCA 34 (31 March 2009)

An arrest of an illegal foreigner under s 34(1) of the Immigration Act 13 of 2002 is subject to the exercise of a discretion by an immigration officer. The discretion is to be construed in favorem libertatis. Where a magistrate had granted bail to a suspected illegal foreigner, an immigration officer could not ignore this fact in the exercise of his discretion.

Media Summary

31 Mar
33

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33 (31 March 2009)

Legitimate expectation – provincial government department closely involving private business entities in its procurement processes – after two years, abruptly changing practice without notice – unfair and unlawful – decision set aside – two years not too short for practice to come into being – fact that alternative source of funds used irrelevant –budgetary decisions and procurement processes not to be conflated for purpose of determining duty of fair decision-making

Media Summary

31 Mar
32

Mzizi v The State (524/07) [2009] ZASCA 32 (30 March 2009)

Condonation – good cause – the requirements of good cause restated. Special entry in terms of s 317 of the Criminal Procedure Act 51 of 1977.

30 Mar
31

Minister of Justice and Constitutional Development v Chonco (159/08) [2009] ZASCA 31 (30 March 2009)

Constitutional law – applications for pardon under s 84(2)(j) of the Constitution – whether Minister for
Justice and Constitutional Development under constitutional obligation to process applications before
the President considers whether to exercise his power under the section.

Media Summary

30 Mar
30

SA Broadcasting Corporation v Coop (178/2008) [2009] ZASCA 30 (30 March 2009)

Court order – meaning and effect – SABC seeking to phase out and withdraw benefits it had been ordered to maintain – not shown by SABC that legal basis of order no longer in existence.

Media Summary

30 Mar
29

Matlholwa v Mahuma (207/08) [2009] ZASCA 29 (30 March 2009)

Voluntary association – expulsion of member from political party – whether authorised and empowered by constitution.

Media Summary

30 Mar
28

Dube v The State (523/07) [2009] ZASCA 28 (30 March 2009)

Special entry ─ recusal on grounds of appearance of bias. Test for bias ─ judicial officer's failure to recuse himself tainted the appeal process ─ order set aside ─ appeal remitted for rehearing.

Media Summary

30 Mar
27

African Products (Pty) Ltd v AIG South Africa Ltd (659/07) [2009] ZASCA 27 (27 March 2009)

Insurance – Interpretation of policy containing expression ‘unforeseen and sudden’ – to avoid tautology ‘sudden’, which also bears meaning of unforeseen, to be given its temporal meaning, ie ‘abrupt’, ‘occurring quickly’ or ‘happening all at once’.

27 Mar
26

Checkers Supermarket v Liondsay (123/08) [2009] ZASCA 26 (27 March 2009)

Negligence – what constitutes – customer slipping on supermarket floor – cleaning system inadequate – supermarket negligent.

Media Summary

27 Mar
25

Yellow Star Properties v Department of Development Planning and Local Government (549/07) [2009] ZASCA 25 (27 March 2009)

Contract – damages for breach – contract found to have been invalid in previous litigation between the parties – special plea of res judicata or issue estoppel upheld – further special plea that alternative delictual claim had prescribed also upheld.

Media Summary

27 Mar
24

Shoprite v CCMA & Others (315/08) [2009] ZASCA 24 (27 March 2009)

Review of CCMA award ─ standard ─ reasonableness ─ power of reviewing court ─ application of s 145 of the Labour Relations Act 66 of 1995 ─ unacceptable delay in finalising labour matters.

Media Summary

27 Mar
23

Joob Joob v Stocks (161/08) [2009] ZASCA 23 (27 March 2009)

Building contract ─ interpretation of ─ nature of interim certificates ─ validity of certification of damages ─ summary judgment proceedings discussed ─ summary judgment rightly granted.

Media Summary

27 Mar
22

Hoërskool Ermelo v The Head of Department of Education: Mpumalanga (219/08) [2009] ZASCA 22 (27 March 2009)

Schools – language policy – ss 22 and 25 of Schools Act 84 of 1996 – language policy remains the exclusive function of the governing body of an existing school.

Media Summary

27 Mar
21

Ekurhuleni Municipality v Dada NO (280/08) [2009] ZASCA 21 (27 March 2009)

Review by court of conduct of municipality – Judge making order that municipality should purchase property on which informal settlement established – Such order not sought by parties, but clearly the result of a preconceived solution arrived at by the judge – Such a prohibited usurpation by judge of the
functions and duties of the municipality – Lack of ‘judicial deference’ displayed by judge in considering the municipality’s working procedures, conduct and decisions – Order to purchase property set aside.

Media Summary

27 Mar
20

City of Johannesburg v L Mazibuko (489/08) [2009] ZASCA 20 (25 March 2009)

Section 27 of Constitution – sufficient water is the quantity of water required for dignified human existence – the Water Services Act 108 of 1997 does not deprive anyone of the right of access to sufficient water in terms of s 27(1) – a person who cannot afford to pay for water has no access to water being charged for – local authority obliged to supply free water to residents who cannot afford to pay for the water if reasonable to expect it to do so – prepayment water meters used by appellants not authorised by bylaws and unlawful.

Media Summary

25 Mar
19

Carter v Haworth (177/2008) [2009] ZASCA 19 (20 March 2008)

Whether a ‘judgment’ of a trial court ‘allowing damages’ and other relief, and determining certain factual findings to be referred to an actuary to facilitate the calculation of an item of damage, which was to be thereafter referred back to the judge, is appealable.

Media Summary

20 Mar
18

Road Accident Fund v Monani (241/2008) [2009] ZASCA 18 (20 March 2009)

Dependants’ claim for loss of support – court’s wide, equitable discretion to arrive at a fair award – One
dependant dying contemporaneously with breadwinner – Such dependant’s hypothetical share of maintenance to be distributed amongst surviving dependants.

Media Summary

20 Mar
17

D Mnisi v The State (391/08) [2009] ZASCA 17 (19 March 2009)

Criminal Law ─ Sentence ─ Diminished responsibility ─ deterrence.

Media Summary

19 Mar
16

Brink v Premier of the Free State (256/08) [2009] ZASCA 16 (19 March 2009)

Contract – interpretation of – language to be given its grammatical and ordinary meaning.

Media Summary

19 Mar
15

Melamed & Hurwiz Inc v Goldberg (686/07) [2009] ZASCA 15 (19 March 2009)

Appeal against order that attorney’s fee be referred to Law Society for determination dismissed: agreed fee found to be extortionate and the client overreached.

Media Summary

19 Mar
14

Mokoena v S (563/08) [2009] ZASCA 14 (19 March 2009)

Criminal Law: Sentence: The function of a court in imposing sentence is to determine the maximum period the convicted person may be imprisoned. It is improper for the court to attempt to determine the minimum period.

Media Summary

19 Mar
13

Botha v Law Society (50/08) [2009] ZASCA 13 (19 March 2009)

Attorney – books of account chaotic – touting for work – unfit to practise – struck from the roll

Media Summary

19 Mar
12

Fourie v Bekker NO (182/2008) [2009] ZASCA 12 (17 March 2009) *Only in Afrikaans
Koopkontrak ten opsigte van stuk grond geïdentifiseer op aangehegte kaart – geldigheid van kontrak – uitvoerbaarheid van hofbevel.

17 Mar
11

Tsedu v Lekota (715/2007) [2009] ZASCA 11 (17 March 2009)
Defamation – whether report defamatory – quantum of damages.

Media Summary

17 Mar
10

Bantry Construction Services v Raydin Investments (128/2008) [2009] ZASCA 10 (17 March 2009)
Arbitration – application for award to be made order of court failure to counterapply to review award – consequences thereof.

Media Summary

17 Mar
9

Holeni v The Land and Agricultural Development Bank of South Africa (266/2008) [2009] ZASCA 9 (17 March 2009)
Section 11(b) of the Prescription Act 68 of 1969 ─ ‘the State’ does not encompass the Land and Agricultural Development Bank of South Africa ─ therefore a three year period rather than a 15year period of prescription applies.

Media Summary

17 Mar
8

Eskom Holdings Ltd v The New Reclamation Group (358/08) [2009] ZASCA 8 (13 March 2009)

Promotion of Administrative Justice Act 3 of 2000: review of award of tender by organ of State; principles applicable and appropriate remedy, discussed.

Media Summary

13 Mar
7

KPMG Chartered Accountants v Securefin (644/07) [2009] ZASCA 7 (13 MARCH 2009)

Contract – interpretation – evidence – admissibility of evidence, expert or otherwise, to interpret.

Media Summary

13 Mar
6

mCubed International v Singer (118/08) [2009] ZASCA 6 (11 March 2009)

Claim for damages arising from misrepresentations made in context of an offshore investment contract – held that on application of 'but-for' test factual causation not established – and that, in any event, loss too remote because occasioned by strengthening of Rand against the US Dollar rather than by misrepresentations.

Media Summary

11 Mar
5

City of Johannesburg v Engen Petroleum Ltd (153/2008) [2009] ZASCA 5 (10 March 2009)*

The elevation of four lanes of a road above an intersection amounts to a permanent diversion for the purpose of s 67 of the Local Government Ordinance 17 of 1939 (T).

Media Summary

10 Mar
4

True Motives v Madhi (543/07) [2009] ZASCA 4 (3 March 2009)

Local authority – National Building Regulations and Building Standards Act 103 of 1977 (‘NBR Act’), s 7(1) – approval or refusal of approval of building plans – duty of decision-maker – whether erection of building will derogate from value of adjoining property – when satisfaction of local authority susceptible to interference by court.

03 Mar
3

JR 209 Investments (Pty) Ltd v Pine Villa Estates (Pty) Ltd (617/07); Pine Villa Estates (Pty) Ltd v JR 209 Investments (Pty) Ltd (2/08) [2008] ZASCA 3 (26 February 2009)
Validity of a deed of sale of land – whether the description of property alienated was sufficiently clear in terms of s 2(1) of the Alienation of Land Act 68 of 1981 – interdict preventing the establishment of a township development set aside – application for leave to amend pleadings dismissed.

Media Summary

26 Feb
2

RMR Commodity Enterprise v The Chairman: Bid Adjudication Committee (92/2008) [2009] ZASCA 2 (20 February 2009)

Review of tender award – contract period of tender lapsed prior to hearing of appeal – no substantial points of law or matters of substance raised – appeal dismissed by reason of mootness under s 21 A(1) and (3) of the Supreme Court Act 59 of 1959.

20 Feb
1

National Director of Public Prosecutions v Zuma (573/08) [2009] ZASCA 1 (12 Jan 2009)

(1) Criminal procedure – setting aside of indictment – s 179 of the Constitution – consultation by National Director of Public Prosecutions when reviewing a prosecutorial decision with accused. (2) Civil procedure – principles of deciding factual issues in motion proceedings restated. (3) Judiciary – the limits of judicial decisionmaking restated.

Media Summary

12 Jan