SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2014

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(*) Case Correction

  Citation & Summary
Delivered
223 Director of Public Prosecutions, Western Cape v Parker (103/14) [2014] ZASCA 223 (12 December 2014)
Criminal law – failure to pay value-added tax in terms of Value-Added Tax Act 89 of 1991 – charged with common law theft – whether relationship between registered vendor and South African Revenue Service is a trustee relationship.
12 Dec
222 KLVC v SDI (20334/2014) [2014] ZASCA 222 (12 December 2014)
Section 21(1)(b) of the Children’s Act 38 of 2005 –requirements that must be satisfied before an unmarried father can acquire full parental rights and responsibilities, as envisaged by s 18 of the said Act, in respect of his minor child met.
Media Summary
12 Dec
221 Cowin NO v Kyalami Estate Homeowners Association (499/2013) [2014] ZASCA 221 (12 December 2014)
Land – a title condition in a deed of transfer which prohibits the transfer of immovable property without a clearance certificate or the consent of a homeowner’s association constitutes a real right – the title condition is thus binding on successors in title including the liquidators of the insolvent property owner – amounts owed by insolvent owner not ‘taxes’ as envisaged in s 89(5) of the Insolvency Act 24 of 1936.
Media Summary
12 Dec
220 Willow Waters Homeowners Association (Pty) Ltd v Koka (768/13) [2014] ZASCA 220 (12 December 2014)
Land – whether a condition of title in a title deed of immovable property which prohibits the transfer thereof without a clearance certificate or the consent of a homeowner’s association constitutes a real or personal right – whether the embargo remains binding on the Master and trustees of the property owners in sequestration.
Media Summary
12 Dec
219 Bamba v S (20089/14) [2014] ZASCA 219 (11 December 2014)
Criminal law and procedure – circumstantial evidence – failure by the State to prove factual link between exhibits allegedly collected at scene and tested at ballistics laboratory – utmost care required of police in recovering, storing, recording and conveying exhibits – duty on prosecution to prove these elements.
11 Dec
218* Minister of Education for the Western Cape v Beauvallon Secondary School (865/2013) [2014] ZASCA 218 (9 December 2014)
Closure of schools under s 33 of Act 84 of 1996 – nature of reasons to be given under s 33(2) – gist of reasons sufficient – effect of new reasons emerging during consultative process – SADTU need not be consulted before school closed.
Media Summary
09 Dec
217

S v Brown (681/2013) [2014] ZASCA 217 (1 December 2014)

Appropriate sentence in respect of two counts of fraud – on first count, misrepresentations by asset manager to investor that assets were being managed in accordance with mandate – assets in excess of R200 million – on second count misrepresentation to shareholders of an entity that administered pension funds and the underlying assets that purchase price would be paid from purchaser’s own cash resources – in truth balance of purchase price amounting to tens of millions of rands paid for with funds under administration by seller – non-custodial sentence imposed by high court on basis that plea of guilty on the two counts was limited and was based on dolus eventualis and potential rather than actual prejudice – high court reasoned that minimum sentence provisions inapplicable – erred in that regard – discussion of acceptance of plea of guilty in medias res – appeal by State upheld – sentences set aside and substituted by a sentence of 15 years’ imprisonment – white-collar crimes in question deserving of harsher sentence.

01 Dec
216 Minister of Safety and Security NO v Schubach (437/13) [2014] ZASCA 216 (1 December 2014)
Malicious prosecution – what plaintiff must prove – plaintiff prosecuted on a number of charges including those for which there was no basis – assessment of damages – Prosecuting Authority – Powers and duties – s 42 of National Prosecuting Authority Act 32 of 1998 not applicable where powers unlawfully exercised.
Media Summary
01 Dec
215 Syster & another v The State (126/2014) [2014] ZASCA 215 (01 December 2014)
Criminal appeal against convictions on rape and indecent assault – Complainant a single witness – evaluation of her evidence – the trial court making credibility findings favourable to complainant – whether the appeal court free to interfere with such – consent – whether the evidence sufficient to sustain the convictions.
01 Dec
214

Yair Shimansky v Browns the Diamond Store (9/2014) [2014] ZASCA 214 (1 December 2014)
Trade mark: the EVOLVE trade mark on men‘s wedding bands, sold by Browns Store, does not infringe the registered EVOLYM trade mark on engagement rings sold at Shimansky stores: the two word marks, considered globally, do not resemble each other in such a way as to cause deception or confusion.

01 Dec
213

Mahlamuza and another v State (20288/14) [2014] ZASCA 213 (1 December 2014)
Duplication of convictions – same set of proven facts giving rise to separate conviction of robbery with aggravating circumstances and two convictions of attempted murder – failure by State to establish (a) violence used against victims exceeded bounds of robbery and (b) further intention to kill – conviction on two counts of attempted murder thus unwarranted.

01 Dec
212 State Bank of India v Denel SOC Limited (947/13) [2014] ZASCA 212 (3 December 2014)
Interpretation of on demand guarantees ─ whether demands compliant with terms of guarantees ─ whether a South African court has jurisdiction where a guarantee expressly provides that it should be governed and construed in accordance with the exclusive jurisdiction of the Indian courts.
Media Summary
03 Dec
211*

MEC Local Government and Traditional Affairs v Botha NO (887/13) [2014] ZASCA 211 (1 December 2014)
Valuation of immovable property by municipality for purpose of levying rates in terms of Local Government: Municipal Property Rates Act 6 of 2004 ─ variation to valuation roll occurs in terms of s 55 as a result of objections lodged or by means of a supplementary valuation in terms of s 78 ─ In present

circumstances s 80 of the Act in terms of which MEC may grant condonation and extension of time periods, inapplicable.
Media Summary

01 Dec
210 New Port Finance Company (Pty) Ltd v Nedbank Ltd (30/2014) [2014] ZASCA 210 (1 December 2014)
Companies undergoing business rescue in terms of Companies Act 71 of 2008 – effect of business rescue on obligations of sureties discussed – section 154 of Act – interpretation of deed of suretyship.
Media Summary
01 Dec
209 Meadow Glen Home Owners Association v City of Tshwane Metropolitan Municipality (767/2013) [2014] ZASCA 209 (1 December 2014)
Contempt of court — suspended sentence —whether there was substantial compliance with court order — wilful default required — appropriateness of incarceration of municipal official for failure by municipality to comply with court order — whether contempt of court appropriate means for enforcing a structural order.
Media Summary
01 Dec
208 Marine 3 Technologies Holdings v Afri-Group Investments (0018/14) [2014] ZASCA 208 (1 December 2014)
Patents Act 57 of 1978 - s 61(1)(d) – application for revocation on the ground of alleged inutility of the Patent.
01 Dec
207* Rustenburg Local Municipality v Mwenzi Service Station (20146/2014) [2014] ZASCA 207 (1 December 2014)
Local Government Ordinance 17 of 1939 – whether dedication of certain road lanes to buses as part of the Municipality`s planned rapid transport network project constituted the permanent closure of those streets or roads as contemplated by s 67; Town Planning and Townships Ordinance 15 of the 1986 read with Land Use Management Scheme – whether planned construction a multi portal central bus station is permissible under any of the defined land uses under the existing zoning.
01 Dec
206 Sakhiwo Health Solutions v MEC of Health, Limpopo 908/2013 [2014] ZASCA 206 (28 November 2014)
In construing a contract a court must have regard to all the provisions of the contract and not view any in isolation. A service delivery agreement, entered into pursuant to a request for proposals (RFP) and a bid award, and which expressly referred to the RFP, had to be read subject to the provisions of the RFP.
28 Nov
205 Coetzee v Financial Planning Institute of SA (1079/13) [2014] ZASCA 205 (28 November 2014)
Disciplinary hearing – charge not requiring same degree of formality as criminal trial – particularity of factual information underlying allegations required – test whether information sufficient to enable accused to know what case to meet – appellant adequately informed of particulars of charge – appeal dismissed.
28 Nov
204

Mkhize: In re Mbuyazi v The Premier of the Province of Kwazulu-Natal and Mbuyazi v Mbonambi Community Development Trust (822/2013) [2014] ZASCA 204 (28 November 2014)

Practice and procedure – deposed Inkosi (Traditional Leader) - claim for reinstatement and for loss of salary – deposed Inkosi since deceased – application by executrix to be substituted for deceased Inkosi in reinstatement claim unsuccessful as claim terminated upon his death – substitution application granted in claim for loss of salary, it being in effect damages claim.

28 Nov
203 Bakgatla-Ba-Kgafela Tribal Authority v Bakgatla-Ba-Kgafela Tribal Communal Property Association (939/13) 2014] ZASCA 203 (28 November 2014)
Provisional Communal Property Association registered in terms of s 5 of Community Property Association Act 28 of 1996 – 12 month period not extended - association ceased to exist – no Community Property Association registered in terms of s 8 of the Act.
28 Nov
202* Passenger Rail Agency of South Africa v Mashongwa (966/13) [2014] ZASCA 202 (28 November 2014)
Delict – passenger thrown off train - liability for- whether rail agency negligent.
28 Nov
201 Bayer Pharma AG v Pharma Dynamics (Pty) Ltd (1066/2013) [2014] ZASCA 201 (28 November 2014)
Application for amendment of registered patent in terms of s 51 ofPatents Act 57 of 1978 – objection that proposed amendment will render claim 1 of the patent unclear – further opposition on the basis that, in any event, the application should be refused for reasons of ‘undue delay’ and ‘reprehensible conduct’ on the part of the patentee.
28 Nov
200 Du Plooy v The State (940/13) [2014] ZASCA 200 (28 November 2014)
Sentence – two charges of murder and one of theft – mitigating factors – relied upon in the main – youthfulness and influence of "drugs‟ – sentence of 12 years imposed by high court – interference on appeal unwarranted.
28 Nov
199 Braun Medical (Pty) Ltd v Ambasaam CC (757/13) [2014] ZASCA 199 (28 November 2014)
Repudiation of contract – demand for performance – reasonable person not perceiving demand as an indication of repudiation – interpretation of contract – extraneous evidence to be used as conservatively as possible – appeal upheld.
28 Nov
198

Charter Developments v Waterkloof Marina Estates & another (1025/2013) [2014] ZASCA 198 (28 November 2014)
Company – Winding up by Court – Property purchased in good faith in circumstances where the liquidator was not authorised to sell the property – Section 82(8) of the Insolvency Act 24 of 1936 rendered applicable by s 339 of the Companies Act 61 of 1973 – Agreement valid.

28 Nov
197 Delport v The State (861/13) [2014] ZASCA 197 (28 November 2014)
Criminal proceedings – whether order of the high court (sitting as a court of appeal) remitting matter to a magistrate for trial to continue appealable – authority of prosecutor to prosecute challenged five years after commencement of trial – whether in the interests of justice for appeal to be entertained – no unusual circumstances – remittal order not appealable – whether Supreme Court of Appeal has jurisdiction to entertain appeal where leave is granted by high court on specific ratherthan general grounds.
Media Summary
28 Nov
196 X-Procure Software (Pty) Ltd v Sutherland (882/13) [2014] ZASCA 196 (28 November 2014) Interpretation of a written contract – claim for commission - context and also the need for a sensible and businesslike result required an interpretation that commission would be payable – appeal dismissed with costs.
Media Summary
28 Nov
195 Holford v Carleo Enterprises (977/2013) [2014] ZASCA 195 (28 November 2014)
Review of award of arbitration appeal panel – whether the appeal panel exceeded its powers – whether the appeal panel committed a gross irregularity – application of requirements for review.
Media Summary
28 Nov
194 MV Silver Star: Owners of MV Silver Star v Hilane Ltd (82/2014)[2014] ZASCA 194 (28 November 2014)
Associated ship arrest – claim on indemnities and a foreign arbitration award – whether an associated ship arrest permissible – proof of association.
Media Summary
28 Nov
193 Visser v 1 Life Direct Insurance Limited (1005/13) [2014] ZASCA 193 (28 November 2014)
Life insurance policy –repudiation by insurer – alleged misrepresentation and non-disclosure by deceased of pre-existing medical condition – insurer failing to discharge onus.
28 Nov
191

Fielies v The State (851/2013) [2014] ZASCA 191 (28 November 2014)
Criminal appeal against sentence – appellant convicted on his plea of guilty of 39 counts of corruption involving R649 827 – sentenced to imprisonment for 5 years with 2 years suspended for 5 years on suitable conditions – failure by the trial court to call a probation officer – its effect– did the trial court have sufficient information about the appellant to enable it to impose an appropriate sentence.

28 Nov
190 The State v Mudau (631/2013) [2014] ZASCA 190 (27 November 2014)
Section 53A of the Criminal Law Amendment Act 105 of 1997 – decision that the regional court had no jurisdiction to impose sentences of life imprisonment wrong – Supreme Court of Appeal has no inherent jurisdiction to hear appeals directly from the Regional Court – appeal referred back to the high court to deal with the merits of the appeal against convictions and sentences.
Media Summary
27 Nov
189 SASCOC v Lane (1016/13) [2014] ZASCA 189 (27 November 2014)
Voluntary resignation – suspension from board membership rendered moot by a subsequent resignation.
27 Nov
188 Zono v The State (20182/2014) [2014] ZASCA 188 (27 November 2014)
Sentence – imprisonment – term of – non-parole period – order fixing a non-parole period in respect of offences committed before the promulgation of s 276B of the Criminal Procedure Act 51 of 1977 is improper.
Media Summary
27 Nov
187 Société des Produits Nestlé SA v International Foodstuffs 100/14) [2014] ZASCA 187 (27 November 2014)
Trade Marks Act 194 of 1993 – s 34(1)(a) and (c) – shape of respondents’ ‘Break’ finger wafer chocolate bar confusingly and/or deceptively similar to appellants’ 4 finger wafer and 2 finger wafer shape trade marks – blurring of appellants’ shape mark established – ‘Break’ word trade mark of respondent not confusingly similar to appellants’ word trade mark ‘Have a Break, Have a Kit Kat’ – blurring of appellants’ word mark not established – s 10(5) – appellants’ registered shape not attributable only to the technical shape – s 16(5) – Registrar entitled to make substantial amendments to pending applications – must exercise caution in doing so and where amendment will cause injury or prejudice should not be allowed – twodimensional depiction of three-dimensional shape in application for registration.
Media Summary
27 Nov
186 MK Nkomo v The State (979/2013) [2014] ZASCA 186 (26 November 2014)
Criminal Procedure – Appeal – Application for the remittal of a case to a trial court for the hearing of further evidence - witness recanting earlier evidence given at the trial - power of the court to make an order for remittal to be exercised sparingly and only when there are exceptional circumstances which warrant the granting of such an order – exceptional circumstances shown.
Media Summary
26 Nov
185 The Competition Commission v Computicket (853/13) [2014] ZASCA 185 (26 November 2014)
Competition Act 89 of 1998 (the Act) – after the amendment to s 168(3) of the Constitution in terms of the 17th Constitution Amendment Act 2012 – appellate jurisdiction of the SCA confined to matters contemplated in s 62(2) of the Act – meaning of ‘constitutional matter’ in s 62(2)(b) of the Act – whether appellate jurisdiction in ‘constitutional matters’ reserved for the Constitutional Court exclusively in terms of s 63(2) of the Act – application for leave to appeal – consideration of prospects of success on appeal.
26 Nov
184 Company Secretary of Arcelormittal South Africa v Vaal Environmental Justice Alliance (69/2014) [2014] ZASCA 184 (26 November 2014)
Request for environmental related information held by industrial corporation – requirements of ss 50(1) and 53 of the Promotion of Access to Information Act 2 of 2000 (PAIA) – importance of activities of corporation impacting on environment – distinction between obligations of private persons and the State in terms of PAIA discussed– culture of openness and ecological sensitivity emphasised – significance of the involvement of the public in environmental issues – protection and preservation of the environment for present and future generations.
Media Summary
26 Nov
183 Jili v Firstrand Bank Ltd (763/13) [2014] ZASCA 183 (26 November 2014)
National Credit Act 34 of 2005 – interpretation of s 88(3) thereof – an original credit agreement is enforceable against a defaulting credit consumer without further notice if the relevant debt re-arrangement order is breached – summary judgment – court to exercise its discretion to refuse it only where there exists a reasonable possibility that an injustice may be caused – no basis to interfere with order of the high court granting summary judgment against the appellant defaulting on her rescheduled repayments on an instalment sale agreement – appeal dismissed.
Media Summary
26 Nov
182 Cecilia Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182 (25 November 2014)
Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one enquiry – whether plaintiff has discharged the onus of proving on a balance of probabilities the negligence averred against the defendant – whether maxim res ipsa loquitur should be jettisoned from our vocabulary.
25 Nov
181 Belet Cellular v MTN Service Provider (936/2013) [2014] ZASCA 181 (24 November 2014)
Practice – Pleadings – Exception on ground that particulars of claim bad in law because term of contract limiting liability of the parties to each other prohibits the recovery of the type of damages claimed – Language of the limitation clause, when read in the context of the agreement as a whole, not clear – Excipient did not establish that limitation clause cannot reasonably bear the meaning contended for by the appellant – Appeal upheld.
24 Nov
180 PMG Motors v Firstrand Bank (866/2013) [2014] ZASCA 180 (24 November 2014)
Companies in liquidation – Jurisdiction – operation of s 84(2) of the Insolvency Act on claim under the condictio indebiti where payment made in respect of cancelled instalment agreements and vehicles returned pursuant to cancellation – whether factual dispute raised – appropriateness of application proceedings for claim under condictio – whether application premature in light of objection to account in terms of s 111 of the Insolvency Act.
24 Nov
179 Machongo v S (20344/14) [2014] ZASCA 179 (21 November 2014)
Criminal Procedure – sentence – failure to forewarn an accused person of the applicability of the Minimum Sentence Act is an irregularity which may result in an unfair trial in respect of sentence – an appeal court will be at large to consider sentence afresh upon finding that a misdirection existed – considering sentence afresh must mean that the appeal court ought to disabuse itself from what the court a quo said in respect of sentence and that such power to sentence resides in the provisions of s 276 of the Criminal Procedure Act 51 of 1977.
Media Summary
21 Nov
178 Spring Forest Trading v Wilberry (725/13) [2014] ZASCA 178 (21 November 2014)
Contract – non-variation clause providing for cancellation to be in writing and signed by the parties – whether cancellation by email valid – Whether ss 13(1) and (3) of the Electronic Communications and Transactions Act 25 of 2002 applies – Whether interim interdict pendente lite appealable.
Media Summary
21 Nov
177 National African Federated Chamber of Commerce and Industry v Mkhize (805/13) [2014] ZASCA 177 (21 November 2014)
Interpretation of the provisions of the constitution of a voluntary association – principles restated – to be interpreted like any other document – sensible and businesslike interpretation is required – on application of these principles held that a purported meeting of the appellant’s council on 6 December 2012 had not been lawfully convened and that the resolutions taken at that meeting were invalid and of no force and effect.
21 Nov
176 Regent Insurance v King’s Property (5/2014) [2014] ZASCA 176 21 November 2014
Failure to disclose that a building was occupied by a tenant which manufactured truck and trailer bodies using flammable materials when insurance cover was requested for the premises amounted to a material non-disclosure under s 51(1) of the Short-Term Insurance Act 53 of 1998: the non-disclosure induced the insurer to enter into the insurance contract: defence of estoppel raised on ground that insurer had led insured to believe that insurance was effective not established.
21 Nov
174* Minister of Safety and Security v Van der Walt (1037/13) [2014] ZASCA 174 (19 November 2014)
Delict – unlawful detention – vicarious liability – Minister of Safety and Security liable for negligent conduct of a police officer – magistrate not liable in delict for negligent conduct while performing judicial function – Minister of Justice consequently not vicariously liable for the negligent conduct of magistrate – malice – magistrates only liable personally for malicious conduct – malicious conduct not proved and magistrate not sued personally for alleged malicious conduct.
19 Nov
173 Roodezandt Ko-operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd & another (503/13) [2014] ZASCA 173 (19 November 2014)
Trademarks Act 194 of 1993 – Register of trademarks rectified by removal of the appellant’s trademark ‘Robertson Hills’ on the basis that it is so similar to the first respondent’s marks containing the word component ‘Robertson’ that it is likely to deceive or cause confusion as contemplated by sub-sections 10(12) and 10(14) of the Act.
19 Nov
172 Mogale City Municipality v Fidelity Security Services (Pty) Ltd (572/2013) [2014] ZASCA 172 (19 November 2014)
Tender –review – irregular procedure – Uniform Rule 30 – discussion of effect of blacklisting by National Treasury – bids not properly considered – tender process defective – just and equitable remedy – warning to errant officials.
Media Summary
19 Nov
171 Commissioner SARS v Bosch (394/2013) [2014] ZASCA 171 (19 November 2014)
Share option scheme – s 8A(1)(a) of the Income Tax Act 58 of 1962 – employees given option to purchase shares – option to be exercised within 21 days – payment for and delivery of shares to occur in tranches two, four and six years later – whether date of exercise of option or date of payment for and receipt of shares the date for determining any gain to be included in the taxpayer’s income – whether contract arising from exercise of option conditional – whether contracts between employees and trust administering scheme simulated transactions.
Media Summary
19 Nov
170* Ansafon (Pty) Ltd & another v The Master, Northern Cape Division & 6 others (513/2013) [2014] ZASCA 170 (14 November 2014)
Interpretation of a court order – whether interdictory or declaratory relief appropriate in the circumstances.
14 Nov
169* Van Deventer v Ivory Sun Trading 77 (Pty) Ltd (593/13) [2014] ZASCA 169 (4 November 2014)
Right of pre-emption established through a testamentary disposition – not offered to appellant as holder of right in terms of conditions registered against title deed of property – grantor of right failing to first offer property for sale to appellant – whether right prescribed within three years of grantor’s decision to sell or whether grantor obliged to make written offer to appellant prior to commencement of running of prescription – not proved that the right of pre-emption had prescribed or that appellant waived his right of pre-emption.
Media Summary
04 Nov
168 Porritt & another v The NDPP & others (978/13) [2014] ZASCA 168 (21 October 2014)
Plea in terms of S 106(1)(h) of Criminal Procedure Act 51 of 1977 (CPA) – relating to title of prosecutor. Removal of prosecutor – apprehension of bias not founded on s 106(1)(h) but on s 35(3) of Constitution – roles of prosecutor and magistrate cannot be equated – removal of one of two prosecutors does not entitle accused to demand acquittal in terms of s106(4) – not axiomatic that perception of bias held against prosecutor will lead to accused not having fair trial – s 319(1), read with s 322(1) of the CPA intended to allow state right of appeal on question of law.
21 Oct
167 MEC for the Department of Health v De Necker (924/2013) [2014] ZASCA 167 (8 October 2014)
Whether claim for damages by a doctor against the hospital where she was employed based on her being raped whilst on duty was excluded by the provisions of s 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 – whether rape arose out of her employment – held that the rape bore no relation to her employment – was not incidental to such employment – egregious nature of rape discussed – policy of Act restated.
Media Summary
08 Oct
166 Investgold CC v Uys & another (686/2013) [2014] ZASCA 166 (01 October 2014)
Purchase and Sale of coins – whether payment of the purchase price coupled with delivery of the coins was done with the intention to pass ownership – whether ownership of the coins passed to the purchaser – gold coins subsequently stolen from the vault by the seller’s employee – whether the subsequent theft of coins by seller’s employees vitiated its intention to transfer ownership.
Media Summary
01 Oct
165 Msunduzi Municipality v Dark Fibre Africa (20119/14) [2014] ZASCA 165 (01 October 2011)
Interpretation – s 22 of Electronic Communications Act 36 of 2005 –
no permission required from landowner for an electronic network services licensee to exercise rights in terms of s 22 – landowner includes state organs – licensees must comply with applicable laws – applicable law cannot be used to limit the very act authorised in the licence - exercise of rights under s 22 constitutes administrative action and subject to PAJA constraints.
Media Summary
01 Oct
164* Luthuli v The State (1049/2013) [2014] ZASCA 164 (01 October 2014)
Procedure – appeal against conviction and sentence on the merits – application for leave to lead further evidence – main witness and potential witnesses to give further evidence deceased – requirements for leading further evidence satisfied – applicant’s conviction and sentence set aside in interests of justice.
01 Oct
163 IDC v Trencon Construction (642/13)[2014] ZASCA 163 (1 October 2014)
Tender procedures – evaluation of tenders – decision not to award tender to first respondent influenced by a material error of law – decision correctly reviewed and set aside – no exceptional circumstances shown to warrant substitution order in terms of s 8(1)(c)(ii)(aa) of the Promotion of Administrative Justice Act 3 of 2000.
Media Summary
01 Oct
162 Newcity Group v Allan David Pellow NO (577/2013) [2014] ZASCA 162 (1 October 2014)
Companies Act 71 of 2008 – business rescue proceedings –whether company has a reasonable prospect of rescue as contemplated in s 131(4)(a) of the Act.
Media Summary
01 Oct
161 Maliga v The State (543/13) [2014] ZASCA 161 (01 October 2014)
Murder – Inadmissible statements admitted – Relied upon to dismiss application for discharge after State’s case closed – Appellant lured into testifying because of that – Convicted – But for inadmissible statements application for discharge ought to have been granted – Conviction and sentence set aside. Trial – Without forgoing objectivity, presiding officers are obliged to manage proceedings in order to achieve a fair and just conclusion – S 35 of the Constitution of South Africa, 1996 obliges all officers of the court to contribute to the proper administration of justice – Presiding officer obliged to discharge an accused before he testifies if State has not made out a prima facie case for him to answer, whether represented or not.
Media Summary
01 Oct
160 Zhongji Construction v Kamoto Copper Company (421/13) [2014] ZASCA 160 (1 October 2014)
Appeal - jurisdiction – on appeal, held that the process of arbitration should be respected – no basis for a declaratory order – appeal dismissed.
Media Summary
01 Oct
159 Tofie v The State (104/2014) [2014] ZASCA 159 (1 October 2014)
Evidence ─ adequacy of proof ─ rape of 15 year old girl ─ evidence of complainant in sexual matters ─ complainant’s evidence riddled with inherent improbabilities and not corroborated by other witnesses ─ discrepancies affecting her reliability and credibility. Conviction overturned.
01 Oct
158 Kekana v The State (629/2013) [2014] ZASCA 158 (1 October 2014)
Murder ─ premeditation. Accused pleading guilty ─ admitting to locking wife in the bedroom, and setting bed on fire ─ wife died few days later in hospital ─ whether acted on the spur of the moment or premeditated. Sentence ─ life imprisonment ─ no substantial and compelling circumstances found to exist.
01 Oct
157* Shuttleworth v South African Reserve Bank (864/2013) [2014] ZASCA 157 (1 October 2014)
Exchange Control – regulation 10(1)(c) of the Exchange Control Regulations – lawfulness of the imposition of a ten per cent exit levy by the South African Reserve Bank on the value of assets sought to be exported upon emigration – whether court can order repayment of the levy.
Media Summary
01 Oct
156 Sibisi NO v Maitin (311/2013) [2014] ZASCA 156 (1 October 2014)
Delict: medical negligence; plaintiff did not discharge the onus of proving negligence on the part of the doctor: informed consent not an issue once negligence is not established.
01 Oct
155 The State v Sehoole (730/13) [2014] ZASCA 155 (29 September 2014)
Interpretation and application of ss 3 and 4 of the Firearms Control Act 60 of 2000 – accused charged with unlawful possession of a firearm in terms of s 3 of Firearms Control Act 60 of 2000 in circumstances where the serial number thereof had been filed off – the decision of the high court that he should have been charged under s 4 instead of s 3 and therefore entitled to be acquitted, set aside – the State as dominus litis elected charges to be preferred against the accused.
Media Summary
30 Sep
154 Lepogo Construction (Pty) Ltd v The Govan Mbeki Municipality (623/13) [2014] ZASCA 154 (29 September 2014).
Contract – Municipality invitation to tender – Contract documents prescribing procedure for entering into a valid contract- Prescribed formalities not complied with – No vinculum juris created.
Media Summary
30 Sep
153 Jantjies v S (871/13) [2014] ZASCA 153 (29 September 2014)
Criminal law – whether on the proved facts the deceased committed suicide or whether she was killed by an intruder or by the appellant – circumstantial evidence sufficient to found a conviction on murder – proved facts sufficient to infer that the appellant killed the deceased.
Media Summary
30 Sep
152 Van Wyk v The State (20273/2014) and Galela v The State (20448/2014) [2014] ZASCA 152 (22 September 2014)
North Gauteng High Court dismissing appeal on the merits – Western Cape High Court refusing petition in terms of s 309C of the Criminal Procedure Act 51 of 1977 – in either event special leave required of the SCA in terms of s 16(1)(b) of the Superior Courts Act 10 of 2013 to appeal further.
Media Summary
30 Sep
151 Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151 (29 September 2014)
Voluntary association – internal disciplinary proceedings – arbitration prescribed by laws and discipline of the Church – whether good cause shown in terms of s 3(2) of the Arbitration Act 42 of 1965 for avoiding the arbitration – doctrine of entanglement.
Media Summary
30 Sep
150 Medi-Clinic v Vermeulen (504/13) [2014] ZASCA 150 (26 September 2014)
Medical negligence ─ hospital and its nursing staff ─ whether bedsore and sciatic nerve injuries sustained by patient avoidable ─ two schools of thought on proper treatment of patient ─ correct test of liability.
Media Summary
26 Sep
149 Ndlovu v The State (204/2014) [2014] ZASCA 149 (26 September 2014)
Sentence – Prescribed sentences – Minimum sentence – Imposition of in terms of Criminal Law Amendment Act 105 of 1997 – Error in charge-sheet – Charge-sheet incorrectly stating offence as one of contravening s 51(2) instead of s 51(1) of the Act – Such error, without more, does not result in a failure of justice – Court not precluded from imposing life imprisonment.
Media Summary
26 Sep
148 Shubane v The State (073/14) [2014] ZASCA 148 (26 September 2014)
Sentence – Robbery with aggravating circumstances – Premeditated, well planned robbery – Firearm and knives used – Violence inflicted upon, inter alia, elderly woman – Gun held against head of seven year old child – 17 years’ imprisonment appropriate – no requirement in our law that a sentencing officer should forewarn an accused person of a contemplation to impose a sentence in excess of the statutorily prescribed minimum sentence.
26 Sep
147 Grobler v The State (433/13) [2014] ZASCA 147 (26 September 2014)
Sentence – fraud – accused convicted on 11 counts of fraud involving approximately R1,5 million – regional court imposing three years’ correctional supervision under s 276(1)(h) of the Criminal Procedure Act 51 of 1977, plus five years’ imprisonment wholly suspended on certain conditions, including the reimbursement of the complainants – high court mero motu increasing sentence to five years’ direct imprisonment – whether it erred in doing so.
26 Sep
146 Rammbuda v The State (156/14) [2014] ZASCA 146 (26 September 2014)
Evidence – witnesses - competence of – child witness – manner of questioning by presiding officer in an enquiry in terms of sections 162 and 164 of the Criminal Procedure Act 51 of 1977.
26 Sep
145 Calvin v The State (962/2013) [2014] ZASCA 145 (26 September 2014)
Rape – complainant 6 years old – life imprisonment – youthfulness of the appellant – whether substantial and compelling circumstance justifying lesser sentence
26 Sep
144 Ramaite v The State (958/13) [2014] ZASCA 144 (26 September 2014)
Criminal law ─ rape ─11 year old relative of accused accused conducting his own defence ─ fairness of hearing without legal representation—waiver of right to legal representation.
Media Summary
26 Sep
143 Somali Association of South Africa v Limpopo Department of Economic Development, Environment andTourism (48/2014) [2014] ZASCA 143 (26 September 2014)
Asylum seekers and refugees’ entitlement to apply for licences to trade in spaza and tuck-shops – no blanket prohibition against self-employment either in terms of the Constitution or applicable legislation – s 22 of the Constitution not a bar – right to dignity implicated – vulnerable position of asylum seekers and refugees considered – South Africa’s international obligations noted.
26 Sep
142 De Sousa v The State (769/13) [2014] ZASCA 142 (26 September 2014)
Indecent assault – the evidence of forensic social worker assisting the court in finding that an indecent assault had occurred – appeal upheld in respect of first count – appeal dismissed in respect of second count.
Media Summary
26 Sep
141 Legal-Aid South Africa v Mzoxolo Magidiwana (1055/13) [2014] ZASCA 141 (26 September 2014)
Appeal – s 16(2)(a)(i) of the Superior Courts Act 10 of 2013 – power of court to dismiss appeal where judgment or order sought would have no practical effect or result – discretion of court - where the parties have by agreement settled all disputes between them - there is no discretion for the court to exercise.
Media Summary
26 Sep
140 Bengwenyama-ya-Maswazi Community v Genorah Resources (Pty) Ltd (784/2013) [2014] ZASCA 140 (26 September 2014)
Competing applications for preferent community prospecting rights in terms of s 104 of the Mineral and Petroleum Resources Development Act 28 of 2002 – consideration of whether corporate vehicle can be used by community to apply for such right – control of company by community discussed – traditional leadership structures considered – provisions of Traditional Leadership and Governance Framework Act 41 of 2003 examined – held that the corporate vehicle could rightly be said to be the community for the purposes of the MPRDA – held that appellants satisfied the qualifying criteria set out in the MPRDA and that the Tribal Council had an existence in law and that in the circumstances of the case it was the authoritative voice of the community – held that a minimum threshold shareholding satisfied the requirements of the MPRDA in relation to community benefit and control – lack of present registered title not an impediment – community instituted a claim for land restitution – overwhelming probability that it will be granted and that land would be registered in its name – held that concerns expressed by Constitutional Court in Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd 2011 (4) SA 113 (CC) not heeded by the Department and the respondents – held that decision to grant mineral rights to respondents rightly set aside – held that substituted order justified.
26 Sep
139 Bengwenyama-ya-Maswazi Community v Minister for Mineral Resources (783/2013) [2014] ZASCA 139 (26 September 2014)
Competing applications for preferent community prospecting rights in terms of s 104 of the Mineral and Petroleum Resources Development Act 28 of 2002 – consideration of whether corporate vehicle can be used by community to apply for such right – control of company by community discussed – traditional leadership structures considered – provisions of Traditional Leadership and Governance Framework Act 41 of 2003 examined – held that the corporate vehicle could rightly be said to be the community for the purposes of the MPRDA – held that appellants satisfied the qualifying criteria set out in the MPRDA and that the Tribal Council had an existence in law and that in the circumstances of the case it was the authoritative voice of the community – held that a minimum threshold shareholding satisfied the requirements of the MPRDA in relation to community benefit and control – held that concerns expressed by Constitutional Court in Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd 2011 (4) SA 113 (CC) not heeded by the Department and the respondents – held that decision to grant mineral rights in part to respondents liable to be set aside – held that substituted order justified.
26 Sep
138 Air Traffic and Navigation Services v Esterhuizen (668/2013) [2014] ZASCA 138 (25 September 2014)
Contract – Interpretation – Contract must be interpreted by determining the parties’ intention having regard to its context and purpose – sensible meaning to be attributed. Contract of employment – Fixed term contract – Termination by resignation before the expiry of the fixed term constitutes a breach.
Media Summary
25 Sep
137 B v B (700/2013) [2014] ZASCA 137 (25 September 2014)
In an accrual claim under s 3(1) of the Matrimonial Property Act 88 of 1984, the defendant contended that no accrual had been proved and the trial court had erred in granting an order based on such an accrual. The appeal against that order was dismissed on the basis that an accrual had been shown to the estate of the defendant and none to that of the plaintiff save that the accrual calculation was calculated differently. Admissibility of documents discussed.
Media Summary
25 Sep
136 Kwinda v The State (076/14) [2014] ZASCA 136 (25 September 2014)
Rape of daughters by their father, a police inspector ─ younger daughter falling pregnant ─ pregnancy terminated ─ court finding evidence of complainants clear and satisfactory ─ rejected appellant’s version. Sentence of life imprisonment imposed for both counts to run concurrently ─ rape horrendous enough to justify the imposition of the ultimate penalty.
25 Sep
135 Department of Health: Western Cape v Oppelt (238/2013) [2014] ZASCA 135 (25 September 2014)
‘But-for’ factual causation – flexible common sense approach – spinal injury – subsequent paralysis of respondent – appellant’s medical treatment of respondent not a factual cause of paralysis.
Media Summary
25 Sep
134* Piater v S (743/13) [2014] ZASCA 134 (25 September 2014)
Criminal Procedure – appeal against sentence of 4 years’ imprisonment on 22 counts of fraud – 7 counts of forgery and uttering and one of theft – approach on appeal – sufficient information must be placed before court regarding the accused person – the circumstances of the offence – failure to testify by accused in mitigation – statement from the bar may be accepted –failure to place sufficient evidence before court cannot in turn benefit the accused person – no material misdirection found – appeal dismissed.
Media Summary
25 Sep
133 RH v DE (594/2013) [2014] ZASCA 133 (25 September 2014)
Delictual claim for damages based on adultery between defendant and plaintiff’s wife on the law as it stands. Award rightly made for contumelia – but award for loss of consortium not justified – consideration of whether the action should be maintained as part of our law – concluded that its continued existence no longer justified.
25 Sep
132 Avnit v First Rand Bank Ltd (20233/14) [2014] ZASCA 132 (23 September 2014)
Leave to appeal – refusal of application by two judges of the SCA in terms of s 17(2)(c) of the Superior Courts Act 10 of 2013 – application to the President of the SCA in terms of s 17(2)(f) of the Act to refer the decision to the court for reconsideration or review – exceptional circumstances – what constitutes.
25 Sep
131 Lemthongthai v S (849/2013) [2014] ZASCA 131 (25 September 2014)
26 Contraventions of s 57(1) read with, amongst others, ss 101(1) and 102 of the National Environmental Management: Biodiversity Act 10 of 2004 and 26 contraventions of s 80(1)(i) of the Customs and Excise Act 91 of 1964 – appellant fraudulently procured permits to shoot and kill rhino for the ostensible purpose of trophy hunting, when in fact it was always intended to trade illegally in rhino horn – regional court sentencing appellant to 40 years’ imprisonment – reduced on appeal to the high court to 30 years’ imprisonment – misdirections in both courts – unsubstantiated assumptions made by high court – department criticised for allowing manipulation of the permit system and for inadequate supervision – conservation of biodiversity emphasised – need to protect and conserve biodiversity for present and future generations restated – constitutional rights of citizens to have the environment protected through reasonable legislative and other measures that promote conservation – sentence of 30 years’ imprisonment too severe – appellant spent 16 months in custody awaiting his trial – sentence reduced to 13 years’ imprisonment and a fine of R1 million imposed.
25 Sep
130 Minister of Safety and Security v Tyokwana (827/13) [2014] ZASCA 130 (23 September 2014)
Delictual claim ─ Unlawful arrest, detention and malicious prosecution ─ Police aware that no evidence available upon which the respondent could be successfully prosecuted ─ Police failed to inform prosecutor and the court of lack of evidence ─ As a result the appellant refused bail and remanded in custody until acquittal 22 months later ─ Detention unlawful and in breach of right to freedom in terms of s 12(1)(a) of the Constitution ─ Orders of magistrate not rendering detention lawful ─ Appellant liable to compensate respondent for full period of detention.
Media Summary
 
129 The Minister of Justice and Constitutional Development v X (196/13) [2014] ZASCA 129 (23 September 2014)
Delictual claim ─ Duty of prosecutor at bail hearing ─ Failure to place all relevant information before court ─ Should have foreseen violent crime of sexual nature being committed by accused if released ─ negligence established ─ defence based on s 42 of the National Prosecuting Authority Act 32 of 1998 rejected.
Media Summary
23 Sep
128 J Nemutandani v The State (944/13) [2014] ZASCA 128 (22 September 2014)
Criminal Law – appellant convicted for murder and robbery for which he was sentenced to 20 years and 18 years' imprisonment respectively – sentences not ordered to run concurrently – misdirection by court a quo – sentences ordered to run concurrently.
22 Sep
127 Jazz Spirit 12 (Pty) Ltd & others v The Regional Land Claims Commissioner: Western Cape & others (704/2013)[2014] ZASCA 127 (22 September 2014)
Civil appeal against costs – Section 21A(1) of the Supreme Court Act 59 of 1959 – whether the matter is appealable – will the judgment or order sought have practical effect or result – exceptional circumstances – Section 21A(3) –application to intervene – direct and substantial interest – application for rescission – Section 35(11) of the Restitution of Land Rights Act 22 of 1994 – is the pending appeal in respect of the order appealed against.
22 Sep
126 Wright v Wright (494/13) [2014] ZASCA 126 (22 September 2014)
Challenge to factual findings of a referee appointed in terms of section 19bis of the Supreme Court Act 59 of 1959 – party challenging referee’s factual findings has to persuade a court through admissible evidence that there are genuine disputes of fact on material aspects.
22 Sep
125 Lamprecht v Klipeiland (Pty) Ltd (753/2013) [2014] ZASCA 125 (19 September 2014)
Winding-up – Requirements – Section 345(1)(a) of the Companies Act 61 1993 – Agreement by the parties regarding respondent’s locus standi, indebtedness and whether the debt is due – the legal effect thereof.
Media Summary
19 Sep
124 President of the RSA v M & G Media Ltd (998/2013) [2014] ZASCA 124 (19 September 2014).
Promotion of Access to Information Act 2 of 2000 (PAIA) – exemption from disclosure of record claimed under sections 41(1)(b)(i) and 44(1)(a) – ‘judicial peek’ at record under s 80 – ex parte representations contemplated in s 80(3)(a) – what these entail.
19 Sep
123 Pharma Dynamics (Pty) Ltd v Bayer Pharma AG (468/13) [2014] ZASCA 123 (19 September 2014).
Patents Act 57 of 1978 – whether appellant’s product constitutes infringement of respondents’ patent – counterclaim for revocation of patent – whether invention for which protection claimed in the patent involves an inventive step required by s 25(1) of the Act – whether patent qualifies as a true ‘divisional patent’ in terms of s 37 of the Act.
19 Sep
122 Nndateni v The State (959/13) [2014] ZASCA 122 (19 September 2014)
Sentence – appeal against - rape – accused not charged in terms of the provisions of Criminal Law Amendment Act 105 of 1997 – high court however sentencing appellant to life imprisonment in terms of Act – such constituting material misdirection – sentence set aside – case remitted to the high court for the reconsideration of sentence.
19 Sep
121 Vesagie NO & others v Erwee NO & another (734/2013) [2014] ZASCA 121 (19 September 2014)
Contract-sale of shares- contract which makes provision for deferred payments of the purchase price and for the payment of interest on such deferred payments is a credit transaction in terms of s8(4)(f) of the National Credit Act 34 of 2005- contract null and void ab initio where seller of shares not registered as a credit provider in terms of s40 of that Act.
19 Sep
120 Wishart v Justice P Blieden NO 659/13 [2014] ZASCA 120 (19 September 2014)
The common law does not recognize a right of an individual to restrain a lawyer from acting against him or her where the individual has never been a client of the lawyer and where the lawyer does not have confidential information in respect of that individual. The application by the appellants to restrain three of the respondents (lawyers) from examining them in an insolvency inquiry was not supported by the facts and this was not a case in which to develop the common law.
Media Summary
19 Sep
119 Illovo Opportunities Partnership #61 v Illovo Junction Properties (490/13) [2014] ZASCA 119 (19 September 2014)
Application for declaratory order under s 19(1)(a)(iii) of the Supreme Court Act 59 of 1959 – Whether direct and substantial interest established – Proper construction given to ss 48 and 63 of the Town Planning and Townships Ordinance 15 of 1986.
Media Summary
19 Sep
118 Ravele v S (20079/14) [2014] ZASC 118 (19 September 2014)
Appeal against both convictions and sentences ─ rape read with s 51(1) of the Criminal Law Amendment Act 105 of 1997 and s 3 of the Criminal Law Amendment Act 32 of 2007─ right to a fair trial ─ attention of the appellant that he could be sentenced to life imprisonment not drawn at the outset ─ duplication of convictions ─ kidnapping committed as part of rape ─ proper approach to formulating charges under s 51 of the Criminal Law Amendment Act 105 of 1997 ─ whether sentence imposed is appropriate ─ no rehabilitative element infused in previous sentences.
Media Summary
19 Sep
117 Ramatshimbila v Phaswana (199/13) [2014] ZASCA 117 (19 September 2014)
Appeal – Against order upholding exception that plaintiff’s particulars of claim discloses no cause of action ─ leave to amend granted ─ plaintiff contending that the order is final in effect because it is unable to amend ─ decision not appealable. Practice – non-joinder can be raised by way of exception – two forms of relief sought in particulars of claim ─ exception upheld pro tanto.
19 Sep
116 Makumbane v The State (46/2013) [2014] ZASCA 116 (18 September 2014)
Criminal procedure – special entry in terms of s 317 of Criminal Procedure Act 51 of 1977 – can only be made by trial court – application to lead evidence on appeal – in circumstances could not be used to overcome failure to testify at the trial – fair trial – complaint of inadequate representation – sentence.
18 Sep
115 Firstrand Bank Ltd v The Land and Agricultural Development Bank of South Africa 436/13) [2014] ZASCA 115 (18 September 2014)
Insolvency – s 102 of the Insolvency Act 24 of 1936 affords the holder of a general notarial bond preference over the free residue of an insolvent estate – such preference does not extend beyond the value of the movable assets hypothecated under the bond.
18 Sep
114 Barko Financial Services (Pty) Ltd v National Credit Regulator (415/13) [2014] ZASCA 114 (18 September 2014)
National Credit Act 34 of 2005 – consumer paying service fee in excess of the maximum prescribed by the Act pursuant to a supplementary agreement – whether supplementary agreement induced as contemplated by s 91(a) – power of National Consumer Tribunal to order repayment.
18 Sep
113 Jacobs v Transnet Ltd t/a Metrorail (803/13) [2014] ZASCA 113 (17 September 2014)
Delict – negligence established where speed restriction imposed by the railway operator excessive on section of railway line where passenger train collided with stationary truck at level crossing – role of expert witness.
Media Summary
17 Sep
112 Hlela v SA Taxi Securitisation (Pty) Ltd (515/2013) [2014] ZASCA 112 (26 August 2014)
Finance agreement – cession of motor vehicle insurance policy by debtor to lender – object to secure ownership of lender in vehicle– right to appoint broker to manage ceded policy not ceded to lender.
Media Summary
17 Sep
111 Barnard & others v The Registrar of Medical Schemes (628/13) [2014] ZASCA 111 (16 September 2014)
Medical scheme ─ Placing under curatorship ─ Medical Schemes Act 131 of 1998 ─ Financial Institutions (Protection of Funds) Act 28 of 2001 ─ Test ─ Material irregularities justifying appointment of curator in the interest of the beneficiaries of the scheme ─ No preferable alternative available.
16 Sep
110 Pratt v Firstrand Bank Ltd (696/13) [2014] ZASCA 110 (11 September 2014)
Estoppel – res judicata – requirements for successful reliance on exceptio rei judicatae – plaintiff seeking declarator that agreement concluded with defendant invalid – plea of invalidity of agreement raised to defendant’s counterclaim for payment of contract amount – agreement held not to be invalid and summons dismissed – plea to counterclaim amended but still alleging invalidity of agreement – same issue arising between same parties - defendant entitled to rely on exceptio.
11 Sep
109 Thomas v Minister of Defence (506/2013) [2014] ZASCA 109 (11 September 2014)
An employee of the Western Cape Provincial Department of Health is not precluded by s 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 from claiming damages sustained by her as a result of slipping and falling on stairs under the control of the Minister of Defence and Military Veterans. Different entities of the State are to be recognized as such under the Act.
Media Summary
11 Sep
108 Woji v The Minister of Police (92/2012) [2014] ZASCA 108 (20 August 2014)
Investigating officer negligently misrepresenting strength of State case against appellant at bail hearing – bail refused – subsequent detention of appellant in breach of right to freedom in terms of s 12(1)(a) of Constitution, unlawful and without just cause – breach by investigating officer of public law duty not to violate appellant’s right to freedom – breach of appellant’s private law right not to be unlawfully detained – order of magistrate not rendering detention lawful – respondent liable to compensate appellant.
20 Aug
107 Minister of Police v Mboweni (657/2013) [2014] ZASCA 107 (5 September 2014)
Special case – requirements for – facts must be agreed and fully set out – section 28(1)(b) of the Constitution – deprivation of parental support – constitutional damages.
Media Summary
05 Sep
106 RAF v Coughlan 702/13 [2014] ZASCA 106 (3 September 2014)
Foster child grants made to the dependants of a deceased killed in a collision covered by the Road Accident Fund Act 56 of 1996 should, as a rule, be deducted from any award of damages for loss of support made by the Road Accident Fund.
03 Sep
105 Holm Jordaan v City of Tshwane Metropolitan Municipality 830/13 [2014] ZASCA 105 (3 September 2014)
Where an architect‟s commission in respect of the design of a building is conditional upon a decision to proceed with the project, and final terms are not agreed by all parties concerned, no contract comes into existence; the decision to proceed does not amount to a repudiation.
03 Sep
104 Motswai v RAF (766/13) [2014] ZASCA 104 (29 August 2014)
Finding of fraud made against attorney without a proper hearing in open court and without the facts – Judgment delivered after informal discussion between judge and legal representatives in chambers –
Irregular and unfair – Second judgment failing to correct prejudicia findings against attorneys – Adverse costs order set aside.
Media Summary
29 Aug
103 Mulula v The State (074/14) [2014] ZASC 103 (29 August 2014)
Criminal appeal – conviction on two charges of rape – application for leave to introduce further evidence of facts established subsequent to conviction and sentence – requirements to be satisfied – further question whether new evidence should be allowed in the form of affidavits on appeal or whether the matter should be remitted to the trial court.
29 Aug
102 Minister of Defence v SANDU (514/2013)[2014] ZASCA 102 (28 August 2014)
Defence Act 42 of 2002 – disciplinary proceedings against soldiers in terms of s 59(2)(e) – whether precluded by absence of regulations – whether procedure adopted fair.
28 Aug
101* Zuma v DA (836/2013) [2014] ZASCA 101 (28 August 2014)
Interpretation and enforcement of order of this court in Democratic Alliance v Acting National Director of Public Prosecutions (2012) 3 SA 486 (SCA) – ANDPP ordered to produce record of decision to discontinue prosecution against appellant save for confidential written representations and anything that might reveal such representations – no blanket prohibition – no specific claim of confidentiality by appellant despite opportunities to assert such claims – audio recordings conceded to be compellable – sufficient safeguards in relation to production of internal documentation within the office of the NDPP that make up part of the record of decision – conduct of officials of the NDPP criticised.
28 Aug
100 Eye of Africa Developments v Shear and others (809/2013) [2014] ZASCA 100 (19 August 2014)
S 21A of the Supreme Court Act 59 of 1959 – appeal dismissed on the basis that an order will have no practical effect or result.
19 Aug
99

Security Industry Alliance v Private Security Industry Regulatory Authority (479/13) [2014] ZASCA 99 (15 August 2014)
Administrative law – administrative action – review – making of regulations providing for payment of fees in security industry – validity of amendment to regulations challenged under Promotion of Administrative Justice Act 2000 of 1994 – error of law not included as ground of review but flows from papers – applicant entitled to raise it.

15 Aug
98 Crouwcamp v Civic Independent & others (416/2013) [2014] ZASCA 98 (31 July 2014)
Political Party registered in terms of section 15 of the Electoral Commission Act 51 of 1996 – non-compliance with the party’s constitution – meetings – quorum – legality of a meeting where a non-executive member was permitted to participate actively in the meetings of National Executive Committee – NEC not properly constituted.
31 Jul
97 Naidoo v EP Property Projects (Pty) Ltd (444/2012) [2014] ZASCA 97 (31 July 2014)
Arbitration – Arbitration Act 42 of 1965 – arbitration agreement made an order of court by mutual consent – court order not set aside – the legal effect thereof – whether arbitrator had jurisdiction to conduct the arbitration – review of the arbitrator’s award (s 33) – whether arbitrator’s conduct constitutes reviewable misconduct which justifies the setting aside of the award – whether the court erred in awarding costs against the funder.
31 Jul
96 Prinsloo v State (534/13) [2014] ZASCA 96 (15 July 2014)
Criminal law ─ appeal against conviction ─ crimen iniuria and assault ─ the proper approach where the state and defence versions are mutually destructive ─ evaluation of the probabilities, strength and weaknesses of both versions.
15 Jul
95 Minister of Police v SA Metal and Machinery (462/13) [2014] ZASCA 95 (1 July 2014)
Criminal Procedure ─ search and seizure ─ application for return of goods seized by police in terms of s 20 of Criminal Procedure Act 51 of 1977 ─ interpretation of s 31(1) of the Act ─ onus on the State to prove on a balance of probabilities that possession of goods seized unlawful ─ requirements of actio ad exhibendum.
01 Jul
94 Eskom Holdings Soc Ltd v Norton (464/13) [2014] ZASCA 94 (26 June 2014)
Interpretation of deed of servitude ─appellant not entitled to rely on a clause in the deed, inserted for its protection, to assert that cancellation of the servitude for failure to pay first respondent servitude rental, is not valid ─ appeal dismissed with costs.
26 Jun
93 Vhembe District Municipality v Stewarts & Lloyds (397/2013) [2014] ZASCA 93 (26 June 2014)
Practice – judgments and orders – default judgment – rescission of – Uniform rule 31(2)(b) – applicant failing to give reasonable explanation for default and show existence of bona fide defence – defence to be disclosed with sufficient particularity – claim not a ‘debt’ as defined in Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – ‘debt’ confined to a claim for damages.
26 Jun
92* The Manok Family Trust v Blue Horison Investments 10 (Pty) Ltd (220/13) [2014] ZASCA 92 (13 June 2014)
Land – Land reform – Restitution of Land Rights Act 22 of 1994 – land claim – regional commissioner deciding claim precluded by provisions of section 2 – whether decision final and regional commissioner thereafter functus officio.
13 Jun
91* SARS v Pretoria East Motors (Pty) Ltd (291/12) [2014] ZASCA 91 (12 June 2014)
Revenue – Income Tax Act 58 of 1962 and Value Added Tax Act 89 of 1991 – assessment to additional income tax and value added tax – appeal against dismissal of objection by taxpayer – onus of proof – evidence – sufficiency of to discharge onus.
12 Jun
90 Kalil v Mangaung Metropolitan Municipality (210/2014) [2014] ZASCA 90 (4 June 2014)
Municipal rates - public participation in budget process - whether proper notice of rates increase given - municipality empowered to levy higher rates on business properties than on residential properties - duties of municipal officials in public interest litigation.
Media Summary
04 Jun
89 G A Odendal v Structured Mezzanine Investments (482/13) [2014] ZASCA 89 (30 May 2014)
General Law Amendment Act 50 of 1956 - s 6 – deed of suretyship - validity of.
Media Summary
30 May
88 Fischer v Ramahlele (203/2014) [2014] ZASCA 88 (4 June 2014)
Practice – Applications and motions – dispute of fact – referred for the hearing of oral evidence - not open to the court to decide mero motu not to hear oral evidence and determine the application on legal points not emerging from the papers and not raised by the parties.
04 Jun
87 Pheiffer v Van Wyk (267/13) [2014] ZASCA 87 (30 May 2014)
Enrichment lien ─ non-owner of property ordered by high court to provide security in lieu of a lien over property: no reason why enrichment lien cannot be secured by guarantee furnished by person other than owner.
Media Summary
30 May
86 Butters v Mncora (419/13) [2014] ZASCA 86 (30 May 2014)
Civil Procedure – interpretation of Rule 42(1)(b) and (c) – circumstances in which court can alter or amend judgment or order – universal partnership – relevance of commencement date – not relevant. Media Summary
30 May
85 Royal Sechaba v Coote (366/2013) [2014] ZASCA 85 (30 May 2014)
Res Judicata – Issue estoppel – same parties requirement – privity of interest not established – rule not immutable but no reasons advanced for relaxation or extension of the rule.
Same relief – some issues determined in earlier arbitration while other issues not adjudicated upon – respondents not entitled to rely on defence of issue estoppel.
Media Summary
30 May
84 Minister for Safety and Security v Scott (969/2013) [2014] ZASCA 84 (30 May 2014)
Delict – pure economic loss – contract between second respondent and American entity cancelled due to first respondent’s arrest and detention – loss of contractual income and profits suffered by a stranger to a contract – public policy considerations dictating that delictual liability not be imposed – danger of indeterminate liability - quantum – first respondent wrongfully arrested and detained for about nine hours – award of R75 000 altered to R30 000.
Media Summary
30 May
83 Rustenburg Local Municipality v Vincent Mdango (937/13) ZASCA 83 (30 May 2014)
Eviction in terms of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – section 6 – eviction of unlawful occupiers – power of court to make an order that is just and equitable. Media Summary
30 May
82

Prinsloo v S (525/2013) [2014] ZASCA 82 (4 June 2014)
Criminal law – murder – conviction on evidence of accomplice – appeal dismissed

04 Jun
81 Butler v Van Zyl (554/13) [2014] ZASCA 81 (30 May 2014)
Company Law – removal of a director at a shareholders meeting – ss 61(3) and 71(1) of the Companies Act 71 of 2008 – shareholders requisition shareholders meeting to consider removal of a director – shareholders subject to court order interdicting them from voting on their shares – whether they are entitled to act in terms of s 61(3) – meaning to be attributed to the order of the court.
Media Summary
30 May
80 The Body Corporate of “The Avenues” v Barney Hurwitz (217/2011) [2014] ZASCA 80 (29 May 2014)
Sectional Title – competing claims in respect of extension of sectional title scheme – Body Corporate relying upon s 25 of Sectional Titles Act No 95 of 1986 – developers relying upon Rules of Scheme passed by Body Corporate in terms of Sectional Titles Act 66 of 1971 – rule to be read subject to s 18(1) of 1971 Act – rule cannot confer powers beyond those set out in the Act.
29 May
79*

Stamford Sales & Distribution v Metraclark (676/2013) [2014] ZASCA 79 (29 May 2014)
Claim for summary judgment by cessionary of claim – verifying affidavit – knowledge by deponent of all of facts of cause of action by cedent against debtor not required – fact-based enquiry whether positive assertion by deponent reliable.

29 May
78 Magistrate M Pangarker v Botha (446/13) [2014] ZASCA 78 (29 May 2014)
Civil Procedure – review of divorce proceedings – no gross irregularity was committed by the regional magistrate for not postponing the trial mero motu and proceeding with the divorce trial in the absence of the first respondent – orders of the high court set aside.
29 May
77 The Local Municipality of Madibeng v Paphiri Business Enterprise (134/2013) [2014] ZASCA 77 (29 May 2014)
Contract – terms thereof common cause – amounts municipality to pay thereunder proved on the probabilities.
Media Summary
29 May
76 Moropane v Southon (755/12) [2014] ZASCA 76 (29 May 2014)
Customary law – Recognition of Customary Marriages Act 120 of 1998 – requirements for a valid customary marriage - Section 3(1) – whether the requirements for a valid customary marriage were met.
Media Summary
29 May
75 Hepple v Law Society of the Northern Provinces (507/2013) [2014] ZASCA 75 (29 May 2014)
Attorneys ─ Misconduct ─ Misappropriating trust funds ─ Attorneys in an incorporated practice carrying on investment activities ─ paying interest to investors out of trust funds ─ resulting in trust deficits ─ Manipulating bank reconciliation statements to conceal trust deficits ─ Misconduct justifying removal of both from the roll ─ Obligation to keep proper books of account resting on both ─ Approach to striking off restated.
Media Summary
29 May
74 Davids v The State (461/13) [2014] ZASCA 74 (29 May 2014)
Evidence ─ sufficiency of ─ State relied on the evidence of a co-accused implicating the appellant ─ both the co-accused and the appellant unsatisfactory witnesses ─ absence of corroboration and version contradicted in material respects by another witness applying the cautionary rule, State has not proved its case beyond a reasonable doubt.
29 May
73 Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd (574/13) [2014] ZASCA 73 (29 May 2014)
Law of contract ─ contract silent as to its duration ─ matter of construction whether terminable on reasonable notice, having regard to the express terms of the contract and the surrounding circumstances ─ if the contract requires the parties to work closely together and to have mutual trust and confidence in each other, it is reasonable to infer that they did not intend to bind themselves indefinitely, but rather contemplated termination by either party on reasonable notice.
29 May
72 LA Health Medical Scheme v Horn (385/13) [2014] ZASCA 72 (29 May 2014)
Pension fund – interpretation of rules – fund established for local authorities – employer not a local authority – membership of fund anomalous – redundancy or retrenchment benefit negotiated by local authorities in collective bargaining forum – employer not party to those negotiations and not agreeing to provide those benefits – rules of fund incorporating those benefits – in context rules applying only to local authorities and not other employers.
29 May
71 Director-General: Home Affairs v Dekoba (224/2013)[2014] ZASCA 71 (28 May 2014)
Refugee – holder of an asylum seeker permit in terms of s 22(1) of Refugees Act 130 of 1998 – decision by Refugee Status Determination Officer in terms of s 24(3)(c) of Refugees Act taken on appeal to Refugee Appeal Board – refugee attending appeal hearing – her case not reached and permit extended – decision by Refugee Appeal Board to dispose of her appeal on the basis that she did not appear a nullity – refugee retained her status as refugee and her entitlement to a temporary asylum seeker permit – subsequent arrest and deprivation of permit invalid – restoration of permit.
29 May
70 Solidarity v The Public Health & Welfare Sectoral Bargaining Council (442/13) [2014] ZASCA 70 (28 May 2014)
Employment – deemed discharge from public service by operation of law – s 17(5)(a) of the Public Service Act 103 of 1994 – whether employee on suspension absent from duties without permission.
Media Summary
28 May
69 SARS v Terraplas South Africa (Pty) Ltd (375/2013) [2014] ZASCA 69 (23 May 2014)
Customs and excise – import duty – approach to tariff classification – prior decisions revisited and applied – plastic interlocking tiles for protection of turf surfaces in stadia not a floor covering contemplated in specific tariff heading – novelty of article not a consideration in interpretation exercise.
23 May
67 Investec Bank v Ramurunzi (445/13) [2014] ZASCA 67 (19 May 2014)
Where a credit provider institutes action to enforce payment of a debt arising from a credit agreement, the running of prescription in respect of the debt is interrupted by service of the summons even though a notice in terms of s 129(1) of the National Credit Act 34 of 2005 (the NCA) is delivered to the consumer only after the prescription period has elapsed.
19 May
66 Samancor v Rham Eqiupment (532/13) [2014] ZASCA 66 (19 May 2014)
A statement in a judgment dismissing an application for the amendment of particulars that claims made arose from more than one contract is mere surplusage where there is no proof as to the nature of the contract or contracts and where the court is not called upon to make that finding. The statement thus did not render the question whether there was a single contract res judicata.
19 May
65 RAF v Faria (567/13) [2014] ZASCA 65 (19 May 2014)
General Damages – Road Accident Fund Act 56 of 1996 as amended, read with Regulations promulgated under the Act – ‘serious injury’ to be determined in accordance with procedure prescribed in Reg 3 of the Regulations - RAF not bound by the determination of a ‘serious injury’ by its own expert - the high court wrongly awarded the plaintiff general damages.
Media Summary
19 May
64 Robarts v Antoni NO (327/2013) [2014] ZASCA 64 (19 May 2014)
Contract – alleged oral agreement granting respondents height servitudes over appellant’s property in exchange for zoning scheme departures and title deed amendment concessions not proved – servitudes included in the definition of ‘any interest in land’ and capable of alienation by exchange as envisaged in s 2(1)of the Alienation of Land Act 68 of 1981 – servitudes a subtraction of the dominium
of the servient land and s 2(1) requires agreement granting them to be in writing and signed by the parties – written agreement not proved.
Media Summary
19 May
63

Fintech (Pty) Ltd v Awake Solutions (Pty) Ltd (218/13) [2014] ZASCA 63 (15 May 2014)

Company – Winding-up – validity of administrative act of final deregistration in terms of s 73 of Act 61 of 1973 when company already under winding-up order.
15 May
62 Asmal v Essa (38/2013) [2013] ZASCA 62 (14 May 2014)

National Credit Act 34 of 2005 whether loan agreements are credit agreements in terms of the Act – unregistered lender given undated blank cheques for repayment which included participating profit shares to be stipulated by borrower – cheques dishonoured upon presentment – loan agreements not credit agreements and profit shares not ‘charges’ under ss 1 and 8 of the Act respectively – cheques constituted distinct contracts in writing and provisional sentence competent – holder for value of cheques not obliged when suing the borrower for provisional sentence to comply with s 40(1) and s 129 read with s 130 of the Act.

Media Summary
14 May
61* Brashville Properties v Colmant (154/13) [2014] ZASCA 61 (6 May 2014)
Administrative law – Review application ─ whether respondents had locus standi to challenge a local authority’s decision to approve building plans ─ whether that approval complied with s 7(1)(a) of the Building Standards Act 103 of 1977 and ss 17, 39 and 40 of the Land Use Planning Ordinance 15 of 1985 (LUPO).
06 May
60 MEC for Health: Eastern Cape v Mbodla (449/2013)[2014] ZASCA 60 (6 May 2014)
Application proceedings – respondent raising prescription by way of notice in terms of Rule 6(5)(d)(iii) – court not satisfied that issue capable of determination without oral evidence – proper order one in terms of Rule 6(5)(g).
06 May
59 Ngobeni v S (741/13) [2014] ZASCA 59 (2 May 2014)
Criminal appeal – self-defence – road rage – two mutually destructive versions – proper approach – uncertainty in the medical report – s186 of the Criminal Procedure Act 51 of 1977 – when to be invoked.
02 May
58* National Director of Public Prosecutions v Freedom Under Law (67/14) [2014] ZASCA 58 (17 April 2014)
Review application – decisions to withdraw criminal charges by National Prosecuting Authority – reviewable on principle of legality not under the Promotion of Administrative Justice Act 30 of 2000 – decisions by Commissioner of Police to terminate disciplinary proceedings and lift suspension of member – reviewed and set aside under s 6 of PAJA – not competent for the high court to issue mandatory interdicts to compel prosecution and disciplinary charges
Media Summary
17 Apr
57 Dewnath v S (269/13) [2014] ZASCA 57 (17 April 2014)
Criminal appeal against conviction ─ appellant convicted of murder by common purpose ─ requirements of common purpose restated ─ active association ─ mens rea ─ the most critical requirement of active association is to curb too wide a liability
Media Summary
17 Apr
56 City of Cape Town v Arun Property Developments (943/12) [2014] ZASCA 56 (16 April 2014)
Interpretation – interpretation of section 28 of Land Use Planning Ordinance (LUPO) – section not amounting to expropriation – no compensation due
16 Apr
55* Pithey v Road Accident Fund (319/13) [2014] ZASCA 55 (16 April 2014)
Motor vehicle accident ─ claim against the Road Accident Fund ─ adequacy of information provided in claim form as read with supporting documentation ─ whilst crucial to properly identify whether claim under s 17(1)(a) or (b) provision of contradictory information not invalidating claim where the category of the claim can still be determined
Media Summary
16 Apr
54 Litako & others v S (584/2013) [2014] ZASCA 54 (16 April 2014)
Evidence – s 3 of the Law of Evidence Amendment Act 45 of 1988 – extra–curial admission of one accused not admissible against another – discussion of applicable legal principles – S v Ndhlovu & others 2002 (2) SACR 325 (SCA) reconsidered
16 Apr
53 Christelis NO v Meyer NO (916/12) [2014] ZASCA 53 (16 April 2014)
Claim in terms of lex furtiva – requirements – proof of existence of assets the subject of the claim and that they had been disposed of with knowledge of the plaintiff’s claim – evidence unsatisfactory
Media Summary
16 Apr
52* Mkhize v S (16/2013) [2014] ZASCA 52 (14 April 2014)
Murder - test for putative private defence restated– conviction on murder set aside and appellant convicted of culpable homicide.
Media Summary
14 Apr
51 Minister of Safety & Security v Hlomza (374/13) [2014] ZASCA 51 (2 April 2014)
Where there is no evidence to establish the elements of a dependant’s action for loss of support an order of absolution from the instance is appropriate.
02 Apr
50* Grancy Property v Seena Marena (244/13) [2014] ZASCA 50 (01 April 2014)
Civil Procedure – where an order made in the High Court is final in effect and definitive of the rights of the parties, the order is appealable – party is entitled to claim an order that there be an inquiry into the adequacy of an account before it is debated.
Media Summary
01 Apr
49 Murabi v Murabi (893/12) [2014] ZASCA 49 (1 April 2014)
Marriage ─ Validity ─ civil marriage contracted while the man is a partner in a subsisting customary union with third party void ─ falling foul of s 1 of the Marriage and Matrimonial Property Law Amendment Act 3 of 1988.
Media Summary
01 Apr
48 Spenmac v Tatrim CC (216/2013) [2014] ZASCA 48 (1 April 2014)
Agreement of purchase and sale of unit in sectional title scheme ─ purchase made in the mistaken belief that sale included right of veto in respect of sub-division of other unit─ mistake induced by seller’s misrepresentation ─ mistake precluding parties from reaching consensus ─ exemption clause not availing seller ─ purchaser entitled to avoid the contract ─ Entire contract vitiated by the mistake.
Media Summary
01 Apr
47 Pistorius v The State (253/13) [2014] ZASCA 47 (01 April 2014)
Criminal appeal – conviction – the appellant convicted of assault with intent to cause grievous bodily harm and crimen injuria – trial court relied on the evidence of a single witness – proper judicial approach – whether the court treated the evidence with caution – whether the court below erred in finding that the guilt of the appellant was proved beyond reasonable doubt.
Media Summary
01 Apr
46 Ellerine Bros v McCarthy (245/13) [2014] ZASCA 46 (1 April 2014)
Insolvency – s 348 of the Companies Act – commencement of winding-up – lessor giving insolvent lessee written notice to cure breach as required by contract – insolvent failing to do so – lessor cancelling the contract after the commencement of winding-up – right to cancel the contract not lost – cancellation of the contract valid.
Media Summary
01 Apr
45 Tshakwata v The State (522/13) [2014] ZASCA 45 (31 March 2014)
Appeal against conviction and sentence on charge of murder. ─ Hearsay evidence ─ statements made by two co-accused to a magistrate ─ not admissible ─ statements in any event in conflict. ─ Evidence insufficient to sustain a conviction.
Media Summary
31 Mar
44* DPP v Gcwala (295/13) [2014] ZASCA 44 (31 March 2014)
The period spent in custody by a prisoner awaiting trial is a factor to be taken into account in determining whether substantial and compelling circumstances exist such that a prescribed minimum sentence may be departed from. There is no rule as to how to determine what weight is to be given to that period. Each case must be decided having regard to all circumstances that justify a lesser sentence.
31 Mar
43 Mudau v State (547/13) [2014] ZASCA 43 (31 March 2014)
Sentence – minimum sentence – General Law Amendment Act 105 of 1997 – sentence imposed startlingly inappropriate – balancing of aggravating features against mitigating factors.
31 Mar
42 Avonmore Supermarket CC v Venter (211/13) [2014] ZASCA 42 (31 March 2014)
Delict¬ – negligence – shopper slipping and falling and sustaining injuries – claim for damages against owner of the supermarket.
31 Mar
41 Peter Mashudu Nevilimadi v The State (545/13) [2014] ZASCA 41 (31 March 2014)
Criminal law and procedure - appeal against conviction on a charge of rape - sentence – whether sentence of 39 years’ imprisonment appropriate. On appeal – conviction confirmed – sentence set aside and replaced with one of 15 years’ imprisonment.
Media Summary
31 Mar
40 Roshcon (Pty) Ltd v Anchor Auto Body Builders CC (49/13) [2014] ZASCA 40 (31 March 2014)
Ownership – movable property – supplier and floor plan agreements reserving ownership to finance house as security over the trucks before they were fully paid for by purchaser – whether a simulated or disguised transaction – test to be applied – each case to be decided on its own merits.
Media Summary
31 Mar
39 Capricorn District Municipality v SANCO (237/2013) [2014] ZASCA 39 (31 March 2014)
High Court granting mandatory interdicts directing municipalities to repair and replace water pipelines and faulty water meters within 12 months and to charge each consumer R70 per month and R50 per month pending such repairs or replacements ─ Orders incompetent and inconsistent with the principles of legality and separation of powers ─ such functions falling within municipalities’ executive and legislative powers ─ High Court order set aside on appeal.
Media Summary
31 Mar
38* Dean Gillian Rees v Investec Bank Limited (330/13) [2014] ZASCA 38 (28 March 2012)
Summary Judgment – Rule 32(2) – Affidavit in support of application for summary judgment complying with the requirements of the sub rule– Deponent employee of bank – averring facts obtained in the ordinary course of her duties as employee of bank – Personal knowledge of every fact not required.
28 Mar
37 Macrae v State (93/2013) [2014] ZASCA 37 (28 March 2014)
Criminal law and procedure – baboon – seizure in terms of ss 20 and 21 of the Criminal Procedure Act 51 of 1977 (CPA) – obligations of police in respect of seized animal – theft – requirements – defeating or obstructing administration of justice – fair trial where accused not represented – duties of prosecutor restated.
Media Summary
28 Mar
36 Munyai v The State (546/2013) [2014] ZASCA 36 (28 March 2014)
Sentence - Rape – Minimum sentence in terms of s 51 of the Criminal Law Amendment Act 105 of 1997 imposed by the high court – no substantial and compelling circumstances – appeal against sentence dismissed.
28 Mar
35 Warren Bowles Corporation Communication CC v Rheinmettal Denel Munition Ltd (130/2013) [2014] ZASCA 35 (28 March 2014)
Contract – action for an account and debatement thereof.
28 Mar
34 Absa Bank Ltd v Van Rensburg (228/13) [2014] ZASCA 34 (28 March 2014)
Appeal – s 21A of the Supreme Court Act 59 of 1959 – a court of appeal will not entertain an appeal where the disputes between the parties have been settled and the order sought will have no practical effect or result – Appealability – an order postponing an application for default judgment to afford the plaintiff an opportunity to annex underlying documents to its simple summons is not appealable.
Media Summary
28 Mar
33 Africast v Pangbourne Properties (359/13) [2014] ZASCA 33 (28 March 2014)
Where a suspensive condition is not fulfilled timeously it lapses and the parties are not bound by it even though one has performed fully.
Media Summary
28 Mar
32 Gavin Cecil Gainsford NO & others v Tanzer Transport (Pty) Ltd & others (076/2013) [2014] ZASCA 32 (28 March 2014)
Company — Winding-up — Liquidator — Proceedings by — Citation — Liquidators may sue in their capacity as liquidators or in name of company in liquidation proceedings under s 386(4)(a) of the Companies Act 61 of 1973 Unlawful alienations and preferences – Voidable dispositions in terms of s 341(2) of the Companies Act 51 of 1973 Application to set aside the winding-up motivated by need to avoid repaying amount received from the company.
Media Summary
28 Mar
31 Ndlanzi v The State (318/13) [2014] ZASCA 31(28 March 2014)
Criminal appeal – against conviction – whether the appellant had a fair trial – appellant’s counsel adopting a trial strategy contrary to the appellant’s warning statement – whether the evidence supported a conviction of murder by dolus eventualis or culpable homicide – appeal against sentence – whether a sentence of imprisonment for 15 years appropriate in the circumstances.
28 Mar
30 Bapedi Marota Mamone v The Commission of Traditional Leadership Disputes and Claims & others (260/13) [2014] ZASCA 30 (28 March 2014)
Company — Winding-up — Liquidator — Proceedings by — Citation — Liquidators may sue in their capacity as liquidators or in name of company in liquidation proceedings under s 386(4)(a) of the Companies Act 61 of 1973 Unlawful alienations and preferences – Voidable dispositions in terms of s 341(2) of the Companies Act 51 of 1973. Application to set aside the winding-up motivated by need to avoid repaying amount received from the company.
Media Summary
28 Mar
29 GB Mining v Commissioner: SARS (903/2012) [2014] ZASCA 29 (28 March 2014)
Revised tax assessments issued by respondent – appellant lodging objection – objection disallowed – appeal to Pretoria Tax Court dismissed – on appeal held:
– Payments as part of an attempted financial rescue offer not deductible.
– Disposal of rights to a mineral tailings dump by appellant resulted in a capital gain.
– Travel expenditure partially deductible.
– Disposal of an asset to a joint venture resulted in a capital gain.
– Disposal of an interest in a joint venture resulted in a capital gain.
– Partial remission of additional tax granted.
Assessments based on tax returns and financial statements by appellant – appellant failing to prove incorrect – effect thereof – assessments upheld.
Media Summary
28 Mar
28 Nthabalala v The State (829/13) [2014] ZASCA 28 (28 March 2014)
Appeal against sentence – appellant convicted of culpable homicide and rape – sentenced to 16 and 45 years' imprisonment respectively – trial court committing misdirection in determining appropriate sentence – appeal court at large to interfere.
28 Mar
27 Nicolette Erasmus NO v Estate Late Booysen (192/13) [2014] ZASCA 27 (28 March 2014)
A grandchild is not disqualified from inheritance as a result of the fact that one or both of the grandchild’s parents predeceased his or her grandparents – in the absence of clear indications to the contrary in a will, the grandchild of a predeceased parent will inherit per stirpes.
Media Summary
28 Mar
26 Benson v the State (300/13) [2014] ZASCA 26 (28 March)
Evidence – murder – confusing and contradictory – conviction not justified.
Media Summary
28 Mar
25 Mulaudzi v The State (544/13) [2014] ZASCA 25 (27 March 2014)
Appeal – Sentence – Applicable minimum sentence.
27 Mar
24 Nekuvule v The State (828/13) [2014] ZASCA 24 (27 March 2014)
Rape – Sentence – No reference in the charge sheet to the prescribed minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – Provisions not brought to the attention of the unrepresented accused – sentences set aside.
27 Mar
23 Mugwedi v The State (694/13) [2014] ZASCA 23 (27 March 2014)
Criminal law – Rape – Insufficiency of identification evidence – Comment about lack of DNA testing.
27 Mar
22 Comwezi Security Services v Cape Empowerment Trust (182/13) [2014] ZASCA 22 (28 March 2014)
Contract – repudiation – election not to accept repudiation – effect of repudiation on contractual obligations – repudiating party placing reliance on failure of innocent party to comply with its contractual obligations – obligation to perform may in appropriate circumstances be excused or suspended – repudiating party not to obtain an advantage from its own unlawful conduct – innocent party not expected to perform a futile or useless act.
Media Summary
28 Mar
21* Esorfranki Pipelines v Mopani District Municipality (40/13) [2014] ZASCA 21 (28 March 2014)
Judicial review of administrative action – tender process – contract concluded pursuant to unlawful tender award declared void and set aside – determination of a just and equitable remedy in terms of s 8 of the Promotion of Administrative Justice Act 3 of 2000 – relevant considerations – municipality found to have been biased in its decision to award the tender – successful tenderers guilty of fraud and fronting – orders for costs to reflect the reprehensible and serious nature of the conduct of the municipality and the successful tenderers.
Media Summary
28 Mar
20 Geoffrey Mark Steyn v The State (100/13) [2014] ZASCA 20 (27 March 2014)
Appeal against sentence – delay between sentencing and hearing of appeal – no misdirection committed by court below – appeal dismissed.
27 Mar
19* Royal Anthem Investments v Yuen Fan Lau (941/2012) [2014] ZASCA 19 (26 March 2014)
Sale of immovable property ─ deposit and transfer duty paid by purchaser to conveyancing attorney ─ sale subsequently cancelled ─ attorney obliged to repay deposit and transfer duty to purchaser and
not to hold them on behalf of seller.
Media Summary
26 Mar
18 Van de Wetering Engineering v Regent Insurance (383/2013) [2014] ZASCA 18 (26 March 2014)
Claim for indemnity in terms of a Prize Indemnity Insurance Policy ─ repudiated by insurer ─ Claim by insured company dismissed by high court ─ risk insured against found not to have occurred ─ appeal dismissed.
Media Summary
26 Mar
17

Express Model Trading 289 CC v Dolphin Ridge Body Corporate (656/13) [2014] ZASCA 17 (26 March 2014)
Lapsed appeal – refusal of condonation – winding-up of close corporation – recurrent obligation - whether creditor lost its locus standi in consequence of payment of original debt by third party.

Media Summary

26 Mar
16 Paulsen v Slip Knot Investments (434/13) [2014] ZASCA 16 (25 March 2014)
Credit agreement to which the National Credit Act 34 of 2005 does not apply – not invalid because credit provider not registered in terms of s 40 (1) of Act – mezzanine financing – application of in duplum rule.
Media Summary
25 Mar
15 MDT v S (548/2013) [2014] ZASCA 15 (20 March 2014)
Rape by father of 14 year old daughter – minimum sentence imposed by high court – heinousness of crime emphasised – no substantial and compelling circumstances – appeal against sentence dismissed.
20 Mar
14 Bath v Bath (952/12) [2014] ZASCA 14 (24 March 2014)
Terms of antenuptial contract inconsistent and incoherent: context did not clarify precisely what the parties intended to achieve: contract void for vagueness and marriage thus in community of property.
24 Mar
13 Madiba v The State (497/2013) [2014] ZASCA 13 (20 March 2014)
Appeal against conviction on charges of attempted rape and rape dismissed – material misdirection by trial court in passing sentence – appeal court at large to impose sentences on all counts – appeal against sentence partially upheld.
Media Summary
20 Mar
12 Honiball v S (662/13) [2014] ZASCA 12 (20 March 2014) Order 20 Mar
11 Adams & Adams v Pointer Fashion International (324/2013) [2014] ZASCA 11 (19 March 2014)
Application for leave to deliver a further affidavit – application granted – order not appealable.
19 Mar
10* National Association of Broadcasters v South African Music Performance Rights Association119/2013) [2014] ZASCA 10 (14 March 2014)
Correctness of determination by Copyright Tribunal in terms of the Copyright Act 98 of 1978 of the rate of royalties payable by commercial and public radio stations – Tribunal ignoring relevant factors and evidence – court at large to overturn decision and determine the rate based on available evidence –
discussion about lack of legislative regulation of procedure to be followed by Tribunal – comment on convoluted legislative structure in terms of which determination is made and failure to legislate a procedure for the Tribunal.
14 Mar
9 Malcolm v Premier, Western Cape (207/2013) [2014] ZASCA 9 (14 March 2014)
Prescription – plaintiff a minor when claim arose – age of majority then 21 years – s 13(1)(a) of Prescription Act 68 of 1969 – interpretation of – interpretation in light of changed circumstances – effect of s 17 of Children’s Act 38 of 2005 on expiry of prescriptive period.
Media Summary
14 Mar
8 MTN International v CSARS (275/2013) [2014] ZASCA 8 (14 March 2014)
Income Tax Act 58 of 1962 – revised assessment – not invalid by reason of error in fixing due date.
Media Summary
14 Mar
7 Morare v SA Rail Commuter Corporation Limited (585/2013) [2014] ZASCA 7 (13 March 2014)
Delict – appellant claiming he was pushed through an open door of a train and suffered injuries – appellant failed to prove he was on a train operated by respondent – appeal dismissed.
Media Summary
13 Mar
6 Pioneer Foods v Bothaville Milling (215/2013) [2014] ZASCA 6 (12 March 2014)
Passing off – test – proof of reputation – time for – likelihood of confusion.
12 Mar
5 The City of Johannesburg Metropolitan Municipality v The Chairman of the Valuation Appeal Board for the City of Johannesburg (282/2013) [2014] ZASCA 5 (12 March 2014)
Local authority ─ valuation of rateable property zoned and used for multiple permitted uses ─ municipal value to determine the rates categories into which those uses fall and to apportion the market value between them under s 9(2) of Act 6 of 2004.
12 Mar
4

Commissioner for the South African Revenue Service v Mobile Telephone Networks Holdings (Pty) Ltd (966/12) [2014] ZASCA 4 (7 March 2014)
Income Tax Act 58 of 1962 – s 11(a) read with ss 23(f) and (g) – audit fees incurred for a dual or mixed purpose – apportionment of

07 Mar
3 The President of RSA v Reinecke (210/13)[2014] ZASCA 3 (28 February 2014)
Magistrate – appointed as relief magistrate – removed from work as relief magistrate and generally from performing judicial functions – claim for damages based on repudiation of contract of employment – whether magistrate an employee – whether magistrate can claim constructive dismissal
28 Feb
2* Dean of the Law Faculty of the University of North West & others v Masisi (297/2013) [2014] ZASCA 2 (20 February 2014)
Appeal from Equality Court – complaint in Equality Court concerning university’s refusal to give credit for more than 50 per cent of courses completed at another university – university rules and policy with statutory underpinning set aside by Equality Court – failure to provide Minister of Education and other universities or their collective voice with opportunity to participate in proceedings – orders set aside and matter remitted.
20 Feb
1 Absa Bank Ltd v Mahomed (876/12) [2012] ZASCA 1 (20 January 2014)
Banker – liability of a commercial bank for illegal and unauthorised transactions purportedly concluded in its name by its agent – appellant bank’s agent and respondents concluding interest bearing deposit investment agreements using fictitious account holder names to conceal undeclared taxable funds from SARS – bank agent misappropriating funds – no trace of respondents’ deposits on bank’s processing systems and records – bank agent not duly authorised to represent bank in concluding illegal agreements designed to defraud the fiscus – respondents failing to establish their pleaded causes of action and bank’s appeal upheld
20 Jan