Oshry v Feldman (401/09) [2010] ZASCA 95 (19 August 2010)

Claim by surviving spouse in terms of the Maintenance of Surviving Spouses Act 27 of 1990. Primary obligation of support rests on a spouse, and if deceased, on the estate of the latter - provided that the jurisdictional requirements are met. Lump sum award competent in terms of the Act.

Calibre v National Bargaining Council (410/09) [2010] ZASCA 94 (19 July 2010)

Bargaining Council established under Labour Relations Act 66 of 1995 – decisions relating to procurement of services – whether subject to judicial review under the Promotion of Administrative Justice Act 3 of 2000 – whether decisions in conflict with that Act.

Combined Business v Courier & Freight Group (325/09) [2010] ZASCA 93 (19 July 2010)

Oral agreement – whether established – whether damages sustained in consequence of breach

Paradyskloof Golf Estate v Municipality of Stellenbosch (547/08) [2010] ZASCA 92 (2 July 2010)

Sale – of land – suspensive condition in written agreement providing that either party entitled to resile from it if suspensive condition not fulfilled – whether exercise of right to resile almost 14 months after lapsing of period for fulfilment of condition unreasonable – whether delay of almost 14 months before exercising right to resile from agreement justifies inference that party resiling had already decided not to resile.

Libazi v The State (424/2009) [2010] ZASCA 91 (1 June 2010)

Criminal law – conspiracy to commit murder – what constitutes. Evidence – admissibility of hearsay evidence in terms of s 3(1)(c) of Law of Evidence Amendment Act 45 of 1988: right to challenge evidence – integral to constitutional guarantee of fair trial; cautionary rule towards evidence of accomplice – applicability of.

Botha v Coetzee (459/09) [2010] ZASCA 90 (31 May 2010)

Civil procedure – referral to trial – dispute about agreement – applicant naming agreement partnership – relief not available if agreement partnership – true nature of agreement prima facie joint venture

The Representative of Lloyds v Classic Sailing Adventures (Pty) Ltd (250/09) [2010] ZASCA 89 (31 May 2010)

Marine Insurance: parties cannot exclude mandatory provisions of South African statute by choice of other legal system: validity of policy affected by non-disclosure, misrepresentation or illegality determined by reference to ss 53 and 54 of Short-Term Insurance Act 53 of 1998: vessel sinking as a result of latent defect in hull: Lloyds held liable. Second and third appellants, joined as defendants, not liable: entitled to full costs of trial

Media Summary

MEC v Motokwana (339/09) [2010] ZASCA 88 (31 May 2010)

Joinder or substitution by way of notice of amendment not served on the intended defendant ─ inappropriate procedure ─ high court overlooking fundamental principle that an intended defendant or respondent be informed of an action or any other court proceedings against him or her.

Isaacs v S (39/10) [2010] ZASCA 87 (31 May 2010)

Murder charge ─ State’s case built on circumstantial evidence ─ items on circumstantial evidence to be viewed cumulatively ─ evidence as a whole must prove accused’s guilt beyond reasonable doubt.

Lombaard v Droprop (377/09) [2010] ZASCA 86 (31 May 2010)

Whether the description of the immovable property was sufficient and adequate in terms of S 2(1) of the Alienation of Land Act 68 of 1981 ─ Practice ─ whether this court can exercise its discretion to refer the question of a dispute of fact back for the hearing of evidence when such point was not canvassed or considered by the court a quo, nor was it raised by the legal representatives

Delphisure Group Insurance Brokers Cape v Kotze (437/09) [2010] ZASCA 85 (31 May 2010)

Delict – negligence – claim for damages for negligent misrepresentation – claim upheld.

Media Summary

G Smit v The State (144/08) [2010] ZASCA 84 (31 May 2010)

Criminal law – rape and attempted rape - evidence – assessment of – complainant’s evidence lacking credibility - convictions of rape and attempted rape set aside.

Media Summary

Opperman v The State (643/09) [2010] ZASCA 83 (31 May 2010)

Criminal procedure – sentence – rape and indecent assault – young children – influence on sentence of low intelligence and lack of insight of accused.

Mdlongwa v The State (99/10) [2010] ZASCA 82 (31 May 2010)

Robbery with aggravating circumstances ─ State relying on dock identification of appellant ─ facial comparison made by expert from photograph taken ex post facto and video footage of the bank recorded during the robbery. Identification of the appellant as one of the robbers sufficiently established. Appeal
dismissed and conviction and sentence of twenty years’ imprisonment confirmed

Media Summary

SA Metal & Machinery Co (Pty) Ltd v S (398/09) [2010] ZASCA 81 (28 May 2010)

Criminal law – Corporate accused – whether the conviction of the corporate accused based on the conduct of employees other than those expressly mentioned in the charge-sheet is correct – whether the State has proved beyond reasonable doubt that the appellant lacked reasonable cause for the belief as required by s 37(1)(b) of the General Law Amendment Act 62 of 1955 – whether evidential burden of raising a reasonable doubt in relation to reasonable cause discharged by accused.

Nzimande v The State (600/09) [2010] ZASCA 80 (28 May 2010)

Appeal by the State in terms of s 310 of the Criminal Procedure Act 51 of 1977 against the appellant’s
acquittal on 197 counts of fraud – Whether the magistrate’s finding that misrepresentations made by
the appellant to the Legal Aid Board were not made intentionally but rather negligently was a finding of
fact or of law – Whether as a result of this the State had a right to appeal in terms of the above section.

Media Summary

CSARS v LG Electronics (428/09) [2010] ZASCA 79 (28 May 2010)

Revenue – Customs and Excise – tariff determination - video monitors (screens) and tuners separately imported - whether screens incomplete reception apparatus for television in terms of General Rules for Interpretation, Rule 2(a) - whether separate importation a scheme to defeat payment of legitimate
duties.

Oribel v Blue Dot (454/2009) [2010] ZASCA 78 (28 May 2010)

Section 25(13) Sectional Titles Act 95 of 1986 – changed circumstances – content of real right of extension reserved – standing of owner of section to apply for demolition of wall on common property.

Media Summary

Samancor Group Pension Fund v Samancor Chrome (452/09) [2010] ZASCA 77 (27 May 2010)

Pension Funds Act 24 of 1956 – Application to set aside determination by the pension funds adjudicator – six weeks period provided for in section 30 P(1) of the Act – Long delay and part implementation of the adjudicator’s determination by Samancor Chrome. Doctrine of peremption - Samancor Chrome not allowed to challenge adjudicator’s determination

Media Summary

Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76 (27 May 2010)

Breach of promise to marry – causes of action – compatibility with present-day public policy discussed – wrongfulness – damages

Media Summary

Bredenkamp v Standard Bank (599/09) [2010] ZASCA 75 (27 May 2010)

Banker and client – closing of account by bank – when justified – exercise of a contractual right, which does not involve any public policy considerations or constitutional values, does not have to be ‘fair’.

Media Summary

Ethekwini Municipality v Brooks (411/09) [2010] ZASCA 74 (27 May 2010)

Servitude of right of way – whether such a ‘public street’, as contemplated in s 1 of Ordinance 25 of 1974
(Natal).

Media Summary

Dos Santos v The State (726/07) [2010] ZASCA 73 (27 May 2010)

Diamonds Act 56 of 1986 – convictions of dealing in unpolished diamonds. Prevention of Organised Crime Act 121 of 1998 (POCA) – pattern of racketeering – requires proof of a fact which a conviction of the Diamonds Act does not – no improper splitting of charges. Evidence – admissibility of seized items pursuant to an admittedly defective warrant – s 35(5) of the Constitution does not provide for an automatic exclusion of evidence obtained in violation of an accused’s rights – fairness requires that a
balance be struck – accomplices – exercise of caution must not be allowed to displace common sense – circumstantial evidence - not to be approached piece-meal. Sentence – grossly divergent sentences
between the two appellants – disturbingly inappropriate – warranting appellate interference

Media Summary

Naidoo v ABSA Bank (391/09) [2010] ZASCA 72 (27 May 2010)

A credit provider need not comply with the procedure provided for in s 129(1)(a) of the National Credit Act 34 of 2005 before instituting sequestration proceedings against a debtor because such proceedings are not proceedings to enforce a credit agreement

Media Summary

Britz v S (613/09) [2010] ZASCA 71 (27 May 2010)

Criminal appeal: Evidence: application to adduce new evidence not available when appellant sentenced: approach of appeal court.

Media Summary

Ngcamu v The State (665/09) [2010] ZASCA 70 (26 May 2010)

Appellant identified as the driver of a getaway vehicle during a robbery ─ raising alibi defence ─ alleging
that he was hijacked shortly before the robbery while driving the same vehicle ─ question on appeal ─
whether there is a reasonable possibility of his version being true

Media Summary

Damgazela V The State (633/09) [2010] ZASCA 69 (26 May 2010)

Conviction on rape – identification evidence credible and reliable – approach to be adopted where oral evidence is at variance with statement restated – cautionary approach to single witness – sentence – 18 years' imprisonment not excessive

Media Summary

Van Rensburg NO v Naidoo NO (155/09); Naidoo NO v Van Rensburg NO (455/09) [2010] ZASCA 68 (26 May 2010)

Two linked appeals ─ nature of rights derived from restrictive conditions in title deed stated to be subject to alteration discussed ─ zoning regulations and town planning schemes not overriding restrictive conditions ─ the Removal of Restrictions Act 84 of 1967 not applicable ─ power of Member of the Executive Council of the Eastern Cape Province to alter or amend restrictive conditions ─ delegation not properly proved ─ decision made without reference to written objections in any event liable to be set aside ─ power of court of the same division and of equal jurisdiction to set aside or otherwise interfere with order intended to be final in effect discussed ─ held that in the prevailing circumstances the court had no such power either by way of inherent jurisdiction or in terms of the Uniform rules of court ─ held that justice required the prior order to be executed.

Media Summary

De Aguiar v Real People Housing (426/09) [2010] ZASCA 67 (24 May 2010)

Application for leave to adduce further evidence – requirements restated – whether lessee entitled to rely on enrichment lien for expenses in respect of necessary and useful improvements.

Media Summary

Buffalo Freight Systems v Crestleigh Trading (311/09) [2010] ZASCA 66 (24 May 2010)

Contract – whether an oral agreement subsequently entered into by the parties introduces a variation or waiver of the original written agreement – Practice – motions – whether genuine dispute of facts exists – whether the appellant is entitled to invoke a right of lien.

Media Summary

Health Professions Council v Emergency Medical Supplies (435/09) [2010] ZASCA 65 (20 May 2010)

Appeal struck from roll; discrete order, even if final in effect, should not be appealed against where balance of convenience requires that all issues in dispute be determined in one hearing.

Nkengana v Schnetler (65/09) [2010] ZASCA 64 (7 May 2010)

Contract – sale of land – tender – whether tender of performance by purchasers (appellants) was
sufficient to entitle them to specific performance.

Media Summary

Registrar of Pension Funds v ICS Pension Fund (288/09) [2010] ZASCA 63 (4 May 2010)

Pension Funds Act 24 of 1956 – actuarial surplus – section 15F – approval by registrar for transfer of credit in reserve account to employer surplus account – considerations to be taken into account.

AMI Forwarding (Pty) Ltd v SARS and another (251/09) [2010] ZASCA 62 (3 May 2010)

Liability under ss 18 and 18A of the Customs and Excise Act 91 of 1964: whether clearing and forwarding agent had proved that it was not liable for payment of duties.

De Vos v The State (503/09) [2010] ZASCA 61 (1 April 2010)

Criminal Procedure ─ fair trial ─ robbery with aggravating circumstances ─ unlawful possession of machine guns and ammunition ─ manner in which trial was conducted ─ presiding judge not biased
against accused ─ no irregularity committed ─ no failure of justice occurred ─ appellants' alibi defence correctly rejected ─ guilt of appellants established beyond a reasonable doubt ─ convictions and sentences confirmed.

Media Summary

Khoza v The State (121/09) [2010] ZASCA 60 (1 April 2010)

Criminal law – self-defence – appellant facing two counts of attempted murder arising from a shooting incident at a nightclub. Appellant’s version reasonably possibly true.

Media Summary

Molotlegi v Mokwalase (222/09) [2010] ZASCA 59 (1 April 2010)

Defamation – action for damages for defamation based on an innuendo – separation of issues in terms of rule 33(4) – trial court decided that the words are defamatory per se without reference to the innuendo – misdirection justifying the setting aside of its order – matter referred back to the court below for trial.

Media Summary

MEC for Economic Affairs, Environment & Tourism v Kruizenga (169/09) [2010] ZASCA 58 (1 April 2010)

An attorney has ostensible (apparent) authority to bind the client at a pretrial conference convened in terms of rule 37 of the Uniform Rules even if the effect of the agreement is to settle an opposing party’s claim.

Media Summary

Madzhadzhi v President of the RSA (160/09) [2010] ZASCA 57 (1 April 2010)

Section 5 (2) of the Remuneration of Public Office Bearers Act 20 of 1998 prohibits traditional leaders from being paid two incomes for holding two ‘public offices’ simultaneously, but it does not prohibit them from being paid a salary as a traditional leader if they are also employed in the public service – Section 219 (1) of the Constitution recognises that national and provincial governments have concurrent legislative and executive competence over traditional leaders, but their salaries must be determined by national framework legislation. Where such salaries are determined by a provincial statute, the provincial determination is valid in the absence of a constitutional challenge to the statute. – Application for declaratory relief. Declaratory order not affecting the consequences of an invalid decision, which remains valid until set aside – Declarator refused.

Media Summary

Smyth v Mew (270/09) [2010] ZASCA 56 (1 April 2010)

Close Corporations Act 69 of 1984 – whether the judge in the court below erred in granting a winding-up order instead of an order in terms of s 36 of the Close Corporations Act that the respondent cease to be a member of the 2nd appellant and further that his membership be acquired by the 1st appellant.

Media Summary

Hendricks v The State (415/09) [2010] ZASCA 55 (31 March 2010)

Lengthy delay in prosecution of appellant held not to have prejudiced him: convictions for dealing in drugs and conspiring to deal in drugs confirmed. Sentences reduced in part because of detrimental effect of proceedings extending over a period of 17 years from date when offences committed until hearing of appeal.

Media Summary

Simcha Properties 6CC v San Marcus Properties (Pty) Ltd (256/09) [2010] ZASCA 54 (31 March 2010)

Company Law – s 228 of the Companies Act – director’s authorisation by sole shareholder to dispose of the company’s sole asset.

Media Summary

The South African Reserve Bank v MG Khumalo (235/09 [2010] ZASCA 53 (31 March 2010)

Exchange Control Regulations – Regulation 22C(1) is not invalid for failing to incorporate a time period not exceeding that laid down in s 9(2)(g) of the Currency and Exchanges Act 9 of 1933

Media Summary

PS Matlou The State (479/09) [2010] ZASCA 52 (31 March 2010)

Criminal law – appeal against conviction on charges of murder and robbery with aggravating circumstances ─ whether incriminating statements were admissible – whether evidence of the pointing-out of the deceased's body and a firearm was admissible.

Maake v DPP (481/09) [2010] ZASCA 51 (31 March 2010)

Sentence ─ when maximum envisaged in terms of s 51 of the Criminal Law Amendment Act 105 of 1997 is imposed it must be explained and motivated ─ factors justifying greater sentence must be clearly articulated and reasons why a departure from the minimum sentence is justified must be supplied

Bengwenyama Minerals v Genorah Resources (71/09) [2010] ZASCA 50 (31 March 2010)

Review – Application for a prospecting right submitted by company on its own behalf in terms of s 16 of Act 28 of 2002 not constituting community application envisaged in s 104. Where condonation not obtained for late appeal in terms of s 96, party seeking review of decision of functionary taken to have abandoned internal remedy. Review thus subject to 180-day period provided in s 7(1) of Promotion of Administrative Justice Act 3 of 2000.

MP Steyn v The State (444/09) [2010] ZASCA 49 (31 March 2010)

Appeal against refusal of a petition for leave to appeal against sentence – procedural irregularity and shortcomings in respect of the provisions contained in s 309B(5)(c)(ii) and s 309B(6) of the Criminal Proceudre Act, 51 of 1977 – no reasonable prospects of success in an envisaged appeal against sentence.

Media Summary

Olivier v The State (318/09) [2010] ZASCA 48 (31 March 2010)

Sentence – evidentiary weight of ex parte submissions from the Bar – six counts of fraud – sentence of seven year's imprisonment, of which three years conditionally suspended, confirmed.

Media Summary

CC Groenewald v M5 Developments (283/029) [2010] ZASCA 47 (31 March 2010)

Local authority – municipal tender – unsuccessful tenderer having a right of appeal under s 62 of the Local Government: Municipal Systems Act 32 of 2000 – appeal authority not entitled to award tender to another unsuccessful tenderer who did not appeal.

Media Summary

Mankayi v Anglogold Ashanti (126/09) [2010] ZASCA 46 (31 March 2010)

Section 100(2) of Occupational Diseases in Mines and Works Act 78 of 1973 – whether common-law claim for damages of employee entitled to benefits under this Act against employer for negligence excluded by s 35(1) of Compensation for Occupational Injuries and Diseases Act 130 of 1993.

Media Summary

CSARS v Foskor (375/09) [2010] ZASCA 45 (31 March 2010)

Whether ore stockpiles constitute trading stock as described in s 1 read with s 22 of the Income Tax Act 58 of 1962 ─ rationale for these provisions discussed ─ ore subjected to complex processes which resulted in a saleable product for the manufacture of fertilizer ─ held that stockpiles constituted trading stock ─ interest on unpaid tax remitted based, inter alia, on the fact that appellant had remained passive for a lengthy period and that taxpayer had acted on legal advice.

Maree v C Booysen t/a NVM Beleggings & Versekeringsadviseurs (307/09) [2010] ZASCA 44 (31 March 2010)

Agreement in terms of which an insurance broker is entitled to claim commission from the insured in the event of the latter cancelling a longterm insurance policy within the statutory ‘cooling-off’ period is unenforceable ─ provisions of the Long-term Insurance Act 52 of 1998, the regulations thereunder
and Policy Protection Rules discussed.

Mavangwana v State (379/09) [2010] ZASCA 43 (31 March 2010)

Criminal law – identification by a single witness

Media Summary

Fedbond Participation Mortgage Bond Managers v Investec Employee Benefits (211/09) [2010] ZASCA 42 (31 March 2010)

Contract – extrinsic evidence inadmissible to contradict written terms – evidence of terms of alleged common understanding inconsistent with written terms. Collective Investment Schemes Control Act – withholding of consent by manager of a collective investment scheme – to be accompanied by reasons – failure to respond to notice of withdrawal amounts to withholding of consent without reason – does not relieve manager of obligations arising from agreement – relationship between participant and manager does not exclude manager’s obligation to make payment to a participant who has complied with the agreement.

Media Summary

Le Roux v Dey (44/09) [2010] ZASCA 41 (30 March 2010)

Actio iniuriarum – defamation – humiliation – jest – wrongfulness – animus iniuriandi – consciousness of wrongfulness not required - damages

Media Summary

BL Naidoo v The State (403/09) [2010] ZASCA 40 (30 March 2010)

Criminal law – self –defence – whether appellant acted in self defence – whether appellant erroneously believed his life was in danger – putative self defence – sentence of 15 years’ imprisonment reduced to 12 years’ imprisonment.

Media Summary

Smith v Parsons (187/09) [2010] ZASCA 39 (30 March 2010)

Wills Act 7 of 1953 – Question is whether the suicide note written by the deceased was intended to be an amendment of his will as contemplated by section 2(3) of Wills Act. Wording of note and the surrounding circumstances indicate that the deceased intended it to be his will. Master of high court directed to accept note as amendment to will for purpose of the Administration of Estates Act 66 of 1965.

Media Summary

Leketi v Tladi (117/09) [2010] ZASCA 38 (30 March 2010)

Prescription ─ Plaintiff’s claim based on fraud committed on 25 June 1969 ─ claim only instituted in February 2004 ─ special plea of prescription upheld ─ held at the trial and on appeal that by exercising reasonable care knowledge of minimum facts necessary for plaintiff to institute claim could have been obtained in time ─ argument that fraud was a continuing wrong rejected.

Media Summary

Maseola v The State (506/209) [2010] ZASCA 37 (30 March 2010)

Sentence: Cumulative effect of sentences on several counts. Unduly harsh and disproportionate – Effective sentence set aside and substituted.

Media Summary

ABSA v Bernert (99/09) [2010] ZASCA 36 (29 March 2010)

Claim in delict for damages – negligent misstatement – statement not made to or relied on by plaintiff – on facts statement in any event not false – duty of court when separating issues.

Pitelli v Everton Gardens Projects CC (191/09) [2010] ZASCA 35 (29 March 2010)

Appealability of order taken by default – order capable of being rescinded by court below – not appealable.

Duet and Magnum Financial Services v Koster (168/09) [2010] ZASCA 34 (29 March 2010)

Insolvency – dispositions – liquidator’s right to apply for setting aside under ss 26, 29 and 30 of Insolvency Act 24 of 1936 – when extinctive prescription begins to run.

RAF v Mhlambi (170/09) [2010] ZASCA 33 (29 March 2010)

Road Accident Fund – whether the Fund can pursue an appeal to the SCA which would require this court to express an opinion on a hypothetical question.

Meintjies v Coetzer (89/09) [2010] ZASCA 32 (29 March 2010)

Property – Deceased estate – whether the deceased had waived/abandoned her right to the ownership of certain portions of her property which were transferred to first and second respondents.

Media Summary

MEC KwaZulu-Natal v Yengwa (147/09) [2010] ZASCA 31 (26 March 2010)

Order ─ High Court made order after substratum of the litigation had fallen away ─ order having no practical effect on the parties ─ order set aside on appeal. Costs ─ Provincial MEC seeking costs order against councillors for voting contrary to his directions ─ councillors protected from costs when performing local government functions ─ the rule in the Swartbooi case and s 28(1)(b) of Act 117 of 1998 applicable.

Media Summary

RAF v Timis (29/09) [2010] ZASCA 30 (26 March 2010)

Motor vehicle accident ─ death of breadwinner ─ claim against RAF ─ deductibility of child care grants from the damages awarded. Held ─ child support grants are directly linked to the death of the deceased and deductible from final award.

Media Summary

Majikazana v The State (559/09) [2010] ZASCA 29 (26 March 2010)

Criminal Procedure – fair trial – murder – fact of presiding judge previously having heard and dismissed bail appeal not brought to his attention at commencement of trial – no credibility findings made in bail application and on appeal – in absence of any irregularity actual bias to be proved for finding of failure of justice where no application made for judge's recusal..
Fire and firearms – firearms – possession of in contravention of s 2 of Act 75 of 1969 – mens rea an
element for contravention of the section – use of firearm for unlawful purpose establishes mens rea.

The Occupiers, Shulana Court, 11 Hendon Road, Yeoville, Johannesburg v Steele (102/09 and 499/09) [2010] ZASCA 28 (25 March 2010)

Rescission of Judgment – good cause shown – bona fide defence based on non-compliance with s 4(6) and (7) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 and s 26(1) and (3) of the Constitution.

Media Summary

Minister of Agriculture and Land Affairs v C J Rance (Pty) Limited (293/09) [2010] ZASCA 27 (25 March 2010)

Condonation in terms of section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – rationale for notice period discussed – factors to be considered for condonation – statutory requirements not met.

Media Summary

Viv’s Tippers v Pha Phama Staff Services (132/09) [2010] ZASCA 26 (25 March 2010)

Wrongfulness of conduct of security guard in allowing unauthorized removal of truck from site where security provider had contract with owner of site to protect it, but where contract excluded liability for provider’s services – held security provider not liable – owed no duty to owner to prevent theft of its truck.

Media Summary

R Miller v Nafcoc Investment Holding Company (324/09) [2010] ZASCA 25 (25 March 2010)

Companies Act 61 of 1973; ss 417 and 418: Master in ordering enquiry does not have to act on an application by a limited category of persons, or any application at all; it is competent and sensible for the Master to delegate to the Commissioner the decision as to who may attend the enquiry or have access to the record; s 73: effect of deregistration of company; liquidators: power of liquidators to delegate responsibility to third persons.

Aberdeen International Incorporated v Simmer and Jack Mines (273/09) [2010] ZASCA 24 (25 March 2010)

Contract - Approach to interpretation of an ambiguous clause – reliance on factual matrix - term ‘financing’ in the relevant clause of a loan agreement excludes equity financing.

Viking Pony Africa Pumps v Hidro-Tech Systems (175/09) [2010] ZASCA 23 (25 March 2010)

Tender process – Preferential Procurement Policy Framework Act – Regulations – duty of organ of state to act when it detects that a preference has been obtained on a fraudulent basis – when duty arises – nature of action contemplated – whether organ of state in breach of duty.

Van der Watt v The State (488/09) [2010] ZASCA 22 (23March 2010)

Rape – single witness – many indications that complainant’s evidence fabricated – accused’s version reasonably possibly true.

De Lange v Absa Makelaars (262/09) [2010] ZASCA 21 (23 March 2010)

Contract – interpretation of contract of employment – importation of tacit term – tacit term relied on by
employee imported into contract.

Media Summary

3M South Africa v CSARS (272/09)[2010] ZASCA 20 (23 March 2010)

Customs and Excise Act 91 of 1964 – importer’s entitlement to refunds and liability for arrear import duty
arising from incorrect determination by Commissioner.

Media Summary

Blakes Maphanga Inc v Outsurance (144/09) [2010] ZASCA 19 (19 March 2010)

Attorney and client – fees – set-off against moneys collected – whether fees liquidated or taxation necessary.

Media Summary

Bayly v Knowles (174/09) [2010] ZASCA 18 (18 March 2010)

Company – Shareholders – oppression – shareholder in majority bloc making fair offer for minority’s shares before litigation – effect on application under s 252 of the Companies Act 61 of 1973 – offer by minority to purchase a majority shareholding – interests of company and remaining shareholders to be considered.

Majomatic Limited v Kouga Municipality (303/09) [2010] ZASCA 17 (18 March 2010)

Whether the procedures prescribed by ss 124(1) and (2) and 172 of Municipal Ordinance 20 of 1974 (Cape) for the alienation of municipal property were of force and effect in November 2003 or whether they were impliedly repealed by Item 2 of Schedule 6 of the Constitution.

Media Summary

Northview Shopping Centre v Revelas Properties (275/09) [2010] ZASCA 16 (18 March 2010)

Where an agent of a close corporation, who is not a member, concludes on its behalf a contract for the sale of land, authorization must be in writing in order to comply with s 2(1) of the Alienation of Land Act 68 of 1981.

Media Summary

Kwikspace Modular Buildings v Sabodala Mining Company (173/09) [2010] ZASCA 15 (18 March 2010)

Building contracts; performance guarantees; whether a building contractor can rely on a term of the building contract to interdict the other contracting party from presenting unconditional performance guarantees to the issuing bank.

Media Summary

Lachman v The State (432/09) [2010] ZASCA 14 (15 March 2010)

Evidence – whether police conduct amounted to a trap or an unlawful search – whether evidence
discovered as a result is admissible – whether circumstantial evidence sufficient to prove appellant’s guilt.

Media Summary

Moseme Road Construction CC v King Civil Engineering CC (385/2009) [2010] ZASCA 13 (15 Mar 2010)

Tender award – setting aside – award of contract by court to unsuccessful tenderer – inappropriate in the circumstances.

Burger v The State (236/09) [2010] ZASCA 12 (12 March 2010)

Circumstantial evidence ─ insufficient to sustain conviction on a charge of murder ─ kidnapping conviction not warranted ─ undesirable interrogation methods discussed ─ blurring of lines between official and private investigations criticised ─ police officials acting in two capacities unacceptable.

Media Summary

Defy v SARS (192/09) [2010] ZASCA 11 (12 March 2010)

Secondary tax on companies – exemption of dividend falling under s 64B(5)(c)(ii) – whether moneys distributed constituted ‘profit of a capital nature’.

TCT Leisure v The Commissioner for the South African Revenue Services (59/09) [2010] ZASCA 10 (12 March 2010)

VAT Act 89 of 1991; 'equity security' exemption s 12; the goods 'supplied' comprised preferent shares and other discrete rights; because the rights were not included in the shares, the 'equity security' exemption in s 12(a) was not applicable; the turnover from the sale of the rights was therefore subject to VAT.

Media Summary

Arse v Minister of Home Affairs (25/10) [2010] ZASCA 9 (12 March 2010)

Refugees Act 130 of 1998 and Immigration Act 13 of 2002 – enactments to be read together – appellant an asylum seeker issued with asylum transit permit in terms of s 23 of Immigration Act – asylum seeker permit issued in terms of s 22 of Refugees Act – whether detention of appellant lawful.

Media Summary

National Director of Public Prosecutions v King (86/09) [2010] ZASCA 8 (8 March 2010)

Criminal procedure – right to a fair trial – right to a motivated index of police docket – litigation privilege

Le Roux v The State (444/2008) [2010] ZASCA 7 (5 March 2010)

Criminal law – Public violence – what constitutes – group of perpetrators assaulting restaurant patrons at random and damaging restaurant utensils. Public violence – no prior plan – common purpose developing at the scene – association with. Fair trial rights – appeal delay – effect on sentence

CSARS v Fascination Wigs (204/09) [2010] ZASCA 6 (4 March 2010)

Tariff classification under Customs and Excise Act 91 of 1964: wefts imported for attachment to hair are not prepared for making of a wig or the like and thus fall under tariff heading 67.04 which covers finished items of false hair.

Media Summary

The Citizen v McBride (277/08) [2010] ZASCA 5 (26 February 2010)

Defamation – amnesty in terms of s 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995 – persons to whom amnesty had been granted in respect of an offence no longer considered to have committed the offence.

Media Summary

Standard Bank v The Master of the High Court (103/09) [2010] ZASCA 4 (19 February 2010)

Liquidators occupying position of trust towards creditors and companies in liquidation ─ required to be independent and to regard equally the interest of all creditors ─ expected to carry out their duties without fear, favour or prejudice ─ standard not met ─ liquidators removed and fees reduced.

Media Summary

Camps Bay Ratepayers’ & Residents’ Association v Harrison (560/08) [2010] ZASCA 3 (17 Feb2010)

Local authority ─ National Building Regulations and Building Standards Act 103 of 1977 ─ application to review and set aside approval of building plan ─ whether plan complies with the relevant statutory requirements.

Media Summary

SAMSA v McKenzie (017/09) [2010] ZASCA 2 (15 Feb 2010)

Contract of employment – unfair dismissal in terms of section 185 of the Labour Relations Act 66 of 1995 – whether section creates contractual right not to be unfairly dismissed.

Media Summary

Offit Enterprises v Coega Development Corporation (9/09) [2010] ZASCA 1 (15 Feb 2010)

Expropriation – when for a public purpose or in the public interest – whether threat of constitutes unfair administrative action – whether issue of permit to operate Industrial Development Zone invalid – whether affects validity of potential expropriation – section 217(1) of Constitution – whether landowner can obtain order compelling authority to expropriate land.