SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2010

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(*) Case Correction

  Citation & Summary
Delivered
177

The President of RSA v M & G Media (570/10) [2010] ZASCA 177 (14 DECEMBER 2010)

Promotion of Access to Information Act 2 of 2000 – access to report made to the President – whether grounds shown for refusing access.

14 Dec
176*

The Law Society of the Northern Provinces v Viljoen (94/10); The Law Society of the Northern Provinces v Dykes and others (648/10) [2010] ZASCA 176 (2 December 2010)

Legal practitioners – s 42(3)(a) of the Attorneys Act 53 of 1979 – Interpretation. The powers of a secretary of the Law Society to refuse to issue a fidelity fund certificate in the prescribed form to a legal practitioner against whom there are pending proceedings by the Law Society to have him or her suspended or his or her name removed from the roll of practising attorneys.

Media Summary

02 Dec
175*

The Law Society of the Northern Provinces v Mahon (86/10) [2010] ZASCA 175 (2 December 2010)

Section 13(2) of the Attorneys Act 53 of 1979 permits a court to
condone irregular service by a candidate attorney only if he or she has entered into a valid agreement of articles – constitutional law – interpretation – the concepts of ‘fairness’ and ‘justice’ are not freestanding requirements against which the constitutionality of a statute, its interpretation or its application to the particular facts of a case, may be tested – whether a high court is bound by this court’s pre-constitutional interpretation of a statute.

Media Summary

02 Dec
174

Da Silva v Slip Knot Investments (661/09) [2010] ZASCA 174 (2 December 2010)

Where an initial loan agreement is a ‘credit transaction’ to which the National Credit Act 34 of 2005 (NCA) does not apply, and the parties enter into a new agreement to guarantee the obligations under the initial loan agreement, the new agreement is a credit guarantee to which the NCA does not apply.

Media Summary

02 Dec
173

Sandlundlu v Shepstone & Wylie (63/10) [2010] ZASCA 173 (2 December 2010)

Damages for breach of contract – factual causation – general damages

02 Dec
172

CSARS v Sprigg Investment 117 CC (36/10) [2010] ZASCA 172 (1 December 2010)

Income Tax Act 58 of 1962 – Appealability of orders of the tax court under Tax Court Rule 26(1) – s 86A(1) read with ss 83(13)(d) and – adequacy of the reasons for a tax assessment furnished by the Commissioner – composition of the tax court under s 83(4) and effect of failure to comply therewith.

Media Summary

01 Dec
171

ABSA Bank v Intensive Air (21/10) [2010] ZASCA 171 (1 December 2010)

Banking – banker and customer relationship – company income paid into sole director’s and shareholder’s personal account – credit in director’s account appropriated by bank setting it off against director’s debts owing to bank – no agreement with bank to hold funds credited to director’s account as those of the company – absence of ius in re.

Media Summary

01 Dec
170

Exdev v Pekudei Investments (97/10) [2010] ZASCA 170 (1 December 2010)

Sale of immovable property – requirements of s 2(1) of Act 68 of 1981 – parties agreed of the size of office unit sold but leaving it to the seller to determine shape and location of the unit in a building being
developed – sale valid. Contract sale and option two distinct and divisible contracts despite being
concluded at the same time and recorded in the same document.

Media Summary

01 Dec
169

Manong v City of Cape Town (457/09) [2010] ZASCA 169 (1 December 2010)

Unfounded complaints in Equality Court ─ formulation of complaints not in accordance with the manner envisaged by the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ─ costs in matters concerning the assertion of constitutional rights ─ manner in which litigation conducted justifying costs order against complainant ─ concerns expressed about irrelevant and outrageous statements by complainant during course of enquiry.

Media Summary

01 Dec
168*

CSARS v NWK Ltd (27/10) [2010] ZASCA 168 (1 December 2010)

Simulated transaction: tests for simulation: taxpayer not entitled to claim deduction in respect of interest paid on amount not actually borrowed. Section 103(1) can be invoked where it is not shown that transaction is simulated.

Media Summary

01 Dec
167

Kuzwayo v The Representative of the Executor in the Estate of the Late MJ Masilela (28/10) [2010] ZASCA 167 (1 December 2010)

Holder of a site permit and occupier of site entitled to apply for order that Registrar of Deeds cancel deed of transfer to wrong person; also entitled to ask that Director-General of Housing in province hold an inquiry in terms of s 2 of the Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988 in order to determine to whom ownership should be granted.

Media Summary

01 Dec
166

Oriental Products v Pegma 178 (126/10) [2010] ZASCA 166 (1 December 2010)

Sale of immovable property – whether transfer and registration of ownership is valid where the intention to transfer is absent – Vindication – Power of Attorney to sell fraudulently obtained – Estoppel – whether original owner is estopped from claiming retransfer – requirements for estoppel to succeed

Media Summary

01 Dec
165

Sonwabiso Maxwell Ndimeni v Meeg Bank Ltd (Bank of Transkei) (629/09) [2010] ZASCA 165 (1 December 2010)

Recusal – On grounds of appearance of bias – acting judge, in capacity as attorney and conveyancer in private practice, having commercial relationship with one of the litigants – duty to disclose fact of commercial relationship – failure to make disclosure resulting in proceedings being a nullity.

Media Summary

01 Dec
164*

National Stadium v Firstrand Bank (670/10) [2010] ZASCA 164 (1 December 2010)

Servitude ─ personal servitude ─ right to name stadium

Media Summary

01 Dec
163*

Ras v Van der Meulen (635/09) [2010] ZASCA 163 (1 December 2010)

Trust – first respondent not entitled to seek removal of trustees unless a beneficiary – issue whether she is a beneficiary not decided by high court – matter remitted to high court to determine the issue.

Media Summary

01 Dec
162

Patrick Booysen v The State (268/10) [2010] ZASCA 162 (1 December 2010)

Appeal against sentence – s 51(1) of the Criminal Law Amendment Act 105 of 1997 (as amended) – whether substantial and compelling circumstances present justifying a departure from the prescribed minimum sentence.

Media Summary

01 Dec
161*

Louw v Nel (45/10) [2010] ZASCA 161 (1 December 2010)

Companies Act 61 of 1973 – s 252 – relief from oppression – disputes of fact – cannot be resolved on the papers.

Media Summary

01 Dec
160

Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

Breach of contract ─ death of debtor does not affect liability for interest.

Media Summary

01 Dec
159

FJ Sewela v The State (731/10) [2010] ZASCA 159 (1 December 2010)

Bail – Refusal of – Appeal against – onus in terms of s 60 (11) (b) of the Criminal Procedure Act 51 of 1977 – failure by the appellant to prove that the interests of justice permit his release on bail – s 65 (4) of the CPA.

Media Summary

01 Dec
158

Ethekweni Municipality v Combined Transport Services (115/10) [2010] ZASCA 158 (1 December 2010)

Appeal ─ Power of Court of Appeal ─ Power in terms of s 21A of Supreme Court Act 59 of 1959 to dismiss appeal where judgment or order sought would have no practical effect or result

Media Summary

01 Dec
157

Sindane v The State (510/10) [2010] ZASCA 157 (1 December 2010)

Rape ─ appeal against conviction ─ assessment of evidence totality of evidence to be considered ─ whether all elements of offence proved.

Media Summary

01 Dec
156

Gauteng MEC for Health v 3P Consulting (Pty) Ltd (199/10) [2010] ZASCA 156 (1 December 2010)

Services agreement between provincial department and private company – renewal thereof – whether
original services agreement and/or renewed services agreement void for want of legality and/or authority,
alternatively void on the application of private law principles – whether order for specific performance of
renewed services agreement appropriate remedy

Media Summary

01 Dec
155*

Els v Weideman (512/09) [2010] ZASCA 155 (30 November 2010)

Court – contempt of – scope of order prohibiting publication of ‘article’ – breach was publication of cover, editorial and truncated article published together – mala fides inferred from content of editorial and cover.

Media Summary

30 Nov
154

CSARS v Saira Essa Productions CC (162/10) [2010] ZASCA 154 (30 November 2010)

Small Business Tax Amnesty and Amendment of Taxation Laws Act 9 of 2006 – whether the respondents were granted amnesty from criminal prosecution – whether the regional court should have interrupted criminal proceedings pending a declaration order by the high court.

Media Summary

30 Nov
153

The Abraham Krok Trust v SARS (58/10) [2010] ZASCA 153 (29 November 2010)

Donations tax – alleged donation by trustees – whether donation authorised by trust deed and thus exempt from donations tax.

29 Nov
152

Winlite Aluminium Windows & Doors v Pyramid Freight (216/10) [2010] ZASCA 152 (29 November 2010)

Trial – costs – tender under Uniform rules 34(1) and (5) – effect – reconsideration under rule 34(12) – whether trial court exercised proper discretion in concluding that plaintiff not justified in proceeding with trial when tender more than capital awarded but less than sum of capital and accrued interest at date of tender.

29 Nov
151

SA Predator Breeders Association v Minister of Environmental Affairs (72/10) [2010] ZASCA 151 (29 November 2010)

Environmental management – Biodiversity Act 10 of 2004 – regulations made in terms of s 97 – reg 24(2) validity – hunting of captive-bred lions – prohibition – upliftment of prohibition – Minister’s reasons for making regulation irrational.

29 Nov
150

Fourie NO v Newton (562/09) [2010] ZASCA 150 (29 November 2010)

Companies ─ s 424 of Companies Act 61 of 1973 ─ reckless trading ─ personal liability of directors.

Media Summary

29 Nov
149

The Minister of Trade and Industry v E L Enterprises (193/10) [2010] ZASCA 149 (29 November 2010)

Counterfeit Goods Act 37 of 1997 – procedure prescribed in s 5(4)(a)

Media Summary

29 Nov
148*

Desert Star Trading v No 11 Flamboyant Edleen (98/10) [2010] ZASCA 148 (29 November 2010)

Winding-up – locus standi of applicant as creditor – indebtedness disputed on bona fide and reasonable grounds – winding-up order correctly refused.

Media Summary

29 Nov
147

Mogorosi v The State (410/09) [2010] ZASCA 147 (29 November 2010)

Condonation for failure to timeously note appeal – court below considering all of the relevant facts – limited grounds on which appeal court can interfere.

Media Summary

29 Nov
146

Van de Venter v The State (342/10)[2010] ZASCA 146 (29 November 2010)

Sentence – misdirection by trial court – court on appeal substituting an effective term of imprisonment of 18 years for that of 33 years imposed by the trial court.

Media Summary

29 Nov
145

Singh v Ebrahim (413/09) [2010] ZASCA 145 (26 November 2010)

Damages award – medical negligence – approach on appeal – determination of life expectancy – amendments on appeal – claim for so-called lost years – s 28(2) of Constitution – alleged bias of trial judge – offer in terms of Uniform Rule 34

Media Summary

26 Nov
144

Manana v King Sabata Dalindyebo Municipality (345/09) [2010] ZASCA 144 (25 November 2010)

Contract of employment – resolution of the municipal council – must be adhered to until rescinded or set aside.

25 Nov
143

NDPP v Naidoo & others (419/09) [2010] ZASCA 143 (25 November 2010)

Section 26(6) of the Prevention of Organised Crime Act 121 of 1998 – exercise of a court’s discretion in terms of s 26(6)(a) and (b) – does this envisage an order for payment of legal expenses of a defendant from property subject to restraint order but held by another person or entity.

Media Summary

25 Nov
142

Umndeni (Clan) of Amantungwa & others v The MEC for Housing and Traditional Affairs, KwaZulu-Natal (513/09) [2010] ZASCA 142 (23 November 2010)

Customary Law – recognition and appointment of traditional leader – effect of noncompliance with legislative procedure for such recognition and appointment.

23 Nov
141

Minister of Safety and Security v Sekhoto (131/10) [2010] ZASCA 141 (19 November 2010)

Arrest – without warrant – s 40(1) Criminal Procedure Act 51 of 1977 – jurisdictional requirements for valid arrest – discretion – onus.

Media Summary

19 Nov
140

Puma v Rampar Trading (59/10) [2010] ZASCA 140 (19 November 2010)

Counterfeit Goods Act 37 of 1997 – definition of ‘counterfeiting’ – definition of ‘protected goods’.

Media Summary

19 Nov
139

S v J (695/10) [2010] ZASCA 139 (19 November 2010)

Parental rights and responsibilities under the Children’s Act 38 of 2005: unmarried father’s responsibilities and rights; grandparents’ responsibilities and rights; jurisdiction of high court to set aside or suspend operation of another high court’s order.

Media Summary

19 Nov
138

Naude & another v S (488/10) [2010] ZASCA 138 (16 November 2010)

Approach to evaluation of evidence ─ totality of evidence to be considered ─ failure by accused to testify in circumstances calling for an answer ─ court unlikely to reject credible evidence which an accused has chosen not to deny ─ in such instances an accused’s failure to testify almost bound to strengthen the case of the prosecution.

Media Summary

16 Nov
137*

Dormell v Renasa (491/09) [2010] ZASCA 137 (1 October 2010)

Building guarantee – rectification of in absence of antecedent agreement – expiry date – whether civil method of computation applicable to date determined in guarantee – whether payment of guarantee issued to employer to provide cash fund to complete building project in case the building contract is cancelled because of contractor's default, can be enforced against insurer who issued guarantee by employer after the latter has been held in arbitration proceedings against contractor to have repudiated the building contract – contract validly cancelled by contractor – whether order enforcing guarantee would be academic.

Media Summary

01 Oct
136*

The Curators ad litem to certain Potential Beneficiaries of the Emma Smith Educational Fund (510/09) [2010] ZASCA 136 (1 October 2010)

Trust: Trust Property Control Act 57 of 1988 – amendment of trust deed; educational fund administered by publicly funded university – benefits restricted to white bursars – racially restrictive clause in will in conflict with public policy as it offended against the equality clause in the Bill of Rights – high court deleting racially restrictive clause by applying section 13 of the Trust Property Control Act 57 of 1988 – appeal against that order dismissed....

Media Summary

01 Oct
135

CSARS v Plasmaview Technologies (Pty) Ltd (647/09) [2010] ZASCA 135 (1 October 2010)

Customs and excise – tariff determination – complete television sets – whether importer may claim rebate.

Media Summary

01 Oct
134

Sello v Grobler (623/09) [2010] ZASCA 134 (1 October 2010)

Search and seizure ─ unlawfulness admitted ─ whether appellant entitled to return of all seized items.

Media Summary

01 Oct
133

Mutual & Federal Insurance Co Ltd v SMD Telecommunications CC (486/09) [2010] ZASCA 133 (1 October 2010)

Insurance contract – Occurrence Clause covering bodily injury caused ‘solely’ and ‘independently’ of any other cause – Exception Clause excluding any pre-existing death or infirmity.

Media Summary

01 Oct
132*

La Lucia Sands Share Block v HL Barkhan (37/10) [2010] ZASCA 132 (1 October 2010)

Company law ─ power of court in terms of s 113 of the Companies Act 61 of 1973 to allow access to a register of members – rationale for provision discussed ─ general rule is to make information available ─
access rightly granted ─ delay in delivery of judgment discussed

Media Summary

01 Oct
131

Ackermans v CSARS (441/09) [2010] ZASCA 131 (1 October 2010)

Income Tax Act 58 of 1962; meaning of 'expenditure' in s 11(a).

Media Summary

01 Oct
130*

Rossouw v First Rand Bank Ltd (640/09) [2010] ZASCA 130 (30 September 2010)

National Credit Act 34 of 2005 – summary judgment application – whether s 130(2) of the Act limits a credit provider’s claim under a mortgage agreement to the proceeds realised upon execution of the mortgaged property – whether credit provider complied with the provisions of 129(1) read with s 130(1) of the Act.

Media Summary

30 Sep
129

Van der Merwe v NDPP (373/09) [2010] ZASCA 129 (30 September 2010)

Fair trial – appellant charged with transgressing Exchange Control Regulations and defeating ends of justice – appellant alleging that investigation against him conducted by the Directorate of Special Operations (DSO) (Scorpions) acting outside their mandate – appellant before pleading launching application in terms of section 172(1) of the Constitution to have consequences of DSO's alleged conduct declared unlawful, invalid and unconstitutional – whether court obliged by s 172(1) to issue a declaratory order if consequences of alleged conduct are found to be such – application amounting to preliminary litigation which must be discouraged – court not obliged to issue declarator, even if appellant could have established a case on the facts – issues arising from DSO's alleged conduct to be resolved by trial court – dismissal of application by High Court confirmed on appeal.

Media Summary

30 Sep
128

Nokeng Tsa Taemane Local Municipality v Dinokeng Property Owners Association (518/09) [2010] ZASCA 128 (30 September 2010)

Local Municipality – Authority of local municipality to levy property rates – whether local municipality complied with the relevant statutes – Effect of s 10G(7) of the Local Government Transition Act 209 of 1993 on the validity of the council’s resolutions to levy and recover taxes in respect of immovable property falling within its jurisdiction.

Media Summary

30 Sep
127*

The State v Matyityi (695/09) [2010] ZASCA 127 (30 September 2010)

Criminal Law Amendment Act 51 of 1997 – s 51 - sentence – murder and rape - minimum sentence – life imprisonment - remorse and relative youthfulness found by high court to constitute substantial and compelling circumstances – on appeal – held – no such circumstances – sentenced altered to life imprisonment.

Media Summary

30 Sep
126*

Ferndale Crossroads Share Block v City of Johannesburg Metropolitan (542/09) [2010] ZASCA 126 (30 September 2010)

Local authority: Section 79(18) of Local Government Ordinance 17 of 1939 – power of local authority to alienate immovable property – no such power in absence of preconditions – lease agreement concluded without compliance with preconditions invalid.

30 Sep
125

Vilakazi v The State (284/10) [2010] ZASCA 125 (30 September 2010)

Rape ─ whether conviction justified by the evidence – whether sentence of ten years’ imprisonment
excessive.

Media Summary

30 Sep
124

ATB Chartered Accountants (SA) v Edna Bonfiglio (648/09) [2010] ZASCA 124 (30 September 2010)

Extinctive Prescription – Prescription Act 68 of 1969 – subsections 12(1) and 12(3) – prescription begins to run from the time the debt becomes due – subsection 12(3) – from time creditor acquires knowledge of facts from which debt arises – claim based on contract to render professional advice in relation to agreement of sale of business to third party – default by purchaser – regard to circumstances – debt prescribed.

Media Summary

30 Sep
123*

Saayman v Road Accident Fund (329/09) [2010] ZASCA 123 (30 September 2010)

Road Accident Fund – Third party claim – Quantum of damages – Future loss of income – Determining the probable rate at which the appellant's future income would have increased but for the accident – Pre- and post-morbid contingency deductions.

Media Summary

30 Sep
122

Gamede v The State (161/10) [2010] ZASCA 122  (30 September 2010)

Criminal Law – Drugs and Drug Trafficking Act 140 of 1992 ─ whether conviction justified by evidence ─
appropriate sentence.

Media Summary

30 Sep
121*

Singh v BMW Financial Services (546/09) [2010] ZASCA 121 (30 September 2010)

Sale Agreement providing for motor vehicle to have a ‘year of registration 2006’ – whether an essential term of the contract – Where an order for restitution requires a seller to repay to the buyer the instalment payments made under a sale agreement, mora interest is only payable on those instalments paid pursuant to a legal obligation.

Media Summary

30 Sep
120

Nduna v S (076/10) [2010] ZASCA 120 (30 September 2010)

Evidence – similar facts – modus operandi consistent on different charges of robbery – when inference of guilt can be drawn – presence of fingerprints on vehicle involved in robberies – probative value of fingerprint.

Media Summary

30 Sep
119*

Mapande v S (046/10) [2010] ZASCA 119 (29 September 2010)

Appeal against conviction on the basis that identification evidence insufficient and that evidence of co-accused ought not to have been accepted ─ held that evidence sufficient to found conviction. Appeal against sentence on the basis that insufficient consideration given to personal circumstances and that the court had erred in not concluding that there were substantial and compelling circumstances ─ held that conclusion on imposition of minimum sentence correct.

Media Summary

29 Sep
118*

MV Iran Dastghayab Islamic Republic of Iran Shippng Lines v Terra-Marine SA (19/10) [2010]
ZASCA 118 (23 September 2010)

Admiralty Jurisdiction Regulation Act 105 of 1983 – associated ship – s 7(1)(b) – stay of proceedings for any other sufficient reason.

Media Summary

23 Sep
117

Falk v NDPP (689/09) [2010] ZASCA 117 (23 September 2010)

International Co-operation in Criminal Matters Act 75 of 1966; Prevention of Organised Crime Act 121 of 1998; effect of foreign restraint order registered in South Africa.

Media Summary

23 Sep
116

Telkom Directory Services v Kern (482/09) [2010] ZASCA 116 (22 September 2010)

Interpretation of contract in terms of Californian law, as agreed: extrinsic evidence of intention admitted provisionally: terms of written agreement not, however, susceptible to meaning advanced by plaintiff: claim for breach of contract should have been dismissed.

Media Summary

22 Sep
115*

MEC for Social Development (578/09) [2010] ZASCA 115 (22 September 2010)

Summary termination of disability grant ─ procedurally unfair ─ orders of court below not precluding the Member of the Executive Council responsible for payment of social grants from terminating a disability grant for valid reason.

Media Summary

22 Sep
114

West Coast Rock Lobster Association v The Minister of Environmental Affairs and Tourism (532/09) [2010] ZASCA 114 (22 September 2010)

Fishing rights in terms of the Marine Living Resources Act 18 of 1998 ─ dispute involving access to West Coast Rock Lobster ─ unnecessary to answer questions concerning Minister’s power of exemption in terms of s 81 of the Act ─ appeal fails at two related preliminary levels ─ first, no practical effect ─ measures by Minister were regarded as interim ─ time and circumstances have overtaken the relief sought in the high court ─ no indication that similar facts would come before court in the future ─ second, nature and extent of declaratory order ─ order sought too wide ─ purports to bind category of persons not all of whom were before court ─ formulation not such as to deal with nub of complaint.

Media Summary

22 Sep
113

Samuels v The State (262/03) [2010] ZASCA 113 (22 September 2010)

Sentence – possession of unlicensed firearm – over emphasis of general deterrence and public safety – on appeal 11 years after conviction and sentence – sentence of imprisonment set aside and replaced with a fine.

Media Summary

22 Sep
112*

Legal Aid Board v The State (363/09) [2010] ZASCA 112 (22 September 2010)

Section 35(3)(g) of the Constitution - right to legal representation at State expense. Legal Aid Act 22 of 1969 – s 3B – court does not have power to order the Legal Aid Board to provide accused persons with two advocates each in private practice to be remunerated in accordance with the maximum rates permitted by the legal aid tariff.

Media Summary

22 Sep
111

The Member of the KwaZulu-Natal Executive Council for Local Government, Housing and Traditional Affairs v Amajuba District Municipality (590/2009) [2010] ZASCA 111 (20 September 2010)

Local authorities – election of members to the executive committee of a district municipality in terms of s 43(1) of the Local Government: Municipal Structures Act 117 of 1998 – election to be decided by way of a majority vote of the members of the municipal council.

Media Summary

20 Sep
110*

Margo v Gardner (564/09) [2010] ZASCA 110 (17 September 2010)

In duplum rule – its application – whether interest accumulates pendente lite – meaning of its suspension and consequences

Media Summary

17 Sep
109

Holcim v Prudent Investors (641/09) [2010] ZASCA 109 (17 September 2010)

Mining and Minerals – Mineral and Petroleum Resources Development Act 28 of 2002 – Schedule II Transitional Arrangements – whether necessary for obtaining an ‘old order mining right’ that holder of the mineral rights and mining licence conducted its operations on all properties covered by rights
and licence on the day before the Act took effect.

Media Summary

17 Sep
108

Lupacchini v Minister of Safety and Security (16/10) [2010] ZASCA 108 (17 September 2010)

Trusts – s 6(1) of Trust Property Control Act – trustee without authorisation of the Master to act in that capacity commencing legal proceedings – effect of s 6(1) on validity of the proceedings.

Media Summary

17 Sep
107

Crots v Pretorius (34/10) [2010] ZASCA 107 (17 September 2010)

Condictio furtiva – dolus eventualis sufficient to establish - Defamation – insufficient proof.

Media Summary

17 Sep
106

YM v LB (465/09) [2010] ZASCA 106 (17 September 2010)

Scientific tests on a child to determine paternity should not be ordered where paternity has been shown on a balance of probabilities.

Media Summary

17 Sep
105

Cadac v Weber-Stephen (530/09) [2010] ZASCA 105 (16 September 2010)

Civil procedure – inquiry into damages – sought in motion proceedings – Counterfeit Goods Act 37 of 1997 s 10(1) and 17(1) – Prescription Act 68 of 1969 s 15.

Media Summary

16 Sep
104

Woodlands Dairy v Milkwood Dairy (105/10) [2010] ZASCA 104 (13 Sep 2010)

Competition Act 89 of 1998 –– requirements for valid complaint initiation and referral – power to issue interrogation summons – validity of summons – consequence of invalid initiation

Media Summary

13 Sep
103

Distell v CSARS (416/09) [2010] ZASCA 103 (13 Sep 2010)

Customs and Excise – Act no 91 of 1964 – tariff classification – ‘wine coolers’ – whether ‘other fermented beverages’ or ‘mixtures of fermented beverages and non-alcoholic beverages’ – whether water is a ‘non-alcoholic beverage’.

Media Summary

13 Sep
102

Rawlins v Kemp (483/09) [2010] ZASCA 102 (7 September 2010)

Labour Relations Act of 1995 – unfair dismissal – refusal to order payment of compensation.

Media Summary

07 Sep
101

Minister of Safety and Security (556/09) [2010] ZASCA 101 (7 September 2010)

Warrant for search and seizure issued under Criminal Procedure Act – must specify offence under investigation – whether terms of warrant overbroad.

Media Summary

07 Sep
100

Mathavha v Sibeko (515/09) [2010] ZASCA 100 (7 September 2010)

Sale of land – first sale found to be valid – second purchaser bought and took transfer of property with knowledge of first sale -- ordered to transfer property to estate of first purchaser.

Media Summary

07 Sep
99*

Van der Merwe v Master of the High Court & another (605/09) [2010] ZASCA 99 (6 September 2010)

Acceptance of document as will in terms of s 2(3) of the Wills Act 7 of 1953 ─ absence of signature not an absolute bar ─ document authentic and intended to be deceased’s will.

06 Sep
98

CSARS v Colgate-Palmolive (Pty) Ltd (528/09) [2010] ZASCA 98 (3 September 2010)

Tariff determination under Customs and Excise Act 91 of 1964: tetranyl, an ingredient of a fabric softener and conditioner, imported from Spain, not dutiable under tariff heading 3402.12 of the Schedule to the Act: classifiable under heading 3809.91.

Media Summary

03 Sep
97

De Beer v Minister of Safety and Security (356/09) [2010] ZASCA 97 (3 September 2010)

Appeal against dismissal of action for malicious prosecution: decision of high court confirmed: reasonable belief that offence committed and no animus injuriandi on part of police.

Media Summary

03 Sep
96

Gallo Africa v Sting Music (40/10) [2010] ZASCA 96 (3 September 2010)

Copyright – jurisdiction – South African court has no jurisdiction to hear copyright infringement claims in respect of foreign copyright – fact that defendant an incola irrelevant.

03 Sep
95

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.

19 Aug
94

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.

19 Jul
93*

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

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

19 Jul
92*

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.

02 Jul
91

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.

01 Jun
90

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

31 May
89*

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

31 May
88*

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.

31 May
87

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.

31 May
86*

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

31 May
85*

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

31 May
84

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

31 May
83*

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.

31 May
82

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

31 May
81

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.

28 May
80

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

28 May
79

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.

28 May
78

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

28 May
77

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

27 May
76*

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

27 May
75*

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

27 May
74

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

27 May
73*

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

27 May
72

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

27 May
71

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

27 May
70

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

26 May
69

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

26 May
68

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

26 May
67

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

24 May
66

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

24 May
65

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.

20 May
64

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

07 May
63

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.

04 May
62

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.

03 May
61

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

01 Apr
60

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

01 Apr
59

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

01 Apr
58*

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

01 Apr
57

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

01 Apr
56

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

01 Apr
55

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

31 Mar
54

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

31 Mar
53

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

31 Mar
52*

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.

31 Mar
51

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

31 Mar
50

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.

31 Mar
49

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

31 Mar
48

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

31 Mar
47

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

31 Mar
46

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

31 Mar
45

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.

31 Mar
44

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.

31 Mar
43

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

Criminal law – identification by a single witness

Media Summary

31 Mar
42

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

31 Mar
41*

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

30 Mar
40

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

30 Mar
39

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

30 Mar
38

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

30 Mar
37

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

30 Mar
36

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.

29 Mar
35

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.

29 Mar
34

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.

29 Mar
33

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.

29 Mar
32*

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

29 Mar
31

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

26 Mar
30

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

26 Mar
29

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.

26 Mar
28

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

25 Mar
27*

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

25 Mar
26

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

25 Mar
25

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.

Media Summary
25 Mar
24

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.

25 Mar
23

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.

25 Mar
22

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.

23 Mar
21

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

23 Mar
20

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

23 Mar
19

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

19 Mar
18

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.

18 Mar
17

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

18 Mar
16

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

18 Mar
15

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

18 Mar
14

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

15 Mar
13

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.

15 MAr
12

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

12 Mar
11

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’.

12 Mar
10

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

12 Mar
9

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

12 Mar
8

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

08 Mar
7

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

05 Mar
6

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

04 Mar
5

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

26 Feb
4

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

19 Feb
3

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

17 Feb
2

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

15 Feb
1

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.

15 Feb