SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2015

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(*) Case Correction

  Citation & Summary
Delivered
210* Lagoon Beach Hotel v Lehane (235/2015) [2015] ZASCA 210 (21 December 2015)
Cross-border insolvency ─ recognition of foreign trustee ─ interim interdict serving as preservation order ─ nature of evidence required to obtain such an order ─ practical common sense approach to the issue.
Media Summary
21 Dec
209 Aurecon South Africa (Pty) Ltd v City of Cape Town (20384/2014) [2015] ZASCA 209 (9 December 2015)
Administrative review – respondent seeking review and setting aside of its own decision to award tender for the decommissioning of Athlone Power Station to appellant – 180 day time limit envisaged in s 7(1) of the Promotion of Administrative Justice Act 3 of 2000 not met – no fraud or corruption involved in procurement process and irregularities, if any, not material – no case made out for the extension of time limit under s 9(1) of the Act.
Media Summary
09 Dec
208 Westinghouse v Eskom Holdings (476/2015) [2015] ZASCA 208 (9 December 2015)
Review of tender award: where an administrative body takes into account considerations that are extraneous to the tender evaluation criteria, as set out in the invitation to bid, its decision to make the award is unlawful and procedurally unfair. Award set aside and matter remitted to administrative body for reconsideration.
Media Summary
09 Dec
207 Prinsloo & others v State (827/11) [2015] ZASCA 207 (4 December 2015)
Criminal Law – unlawful multiplication scheme conducted in contravention of various statutory provisions and the common law ─ whether such activities constituted a pattern of racketeering activity in contravention of sections 2(1)(b), 2(1)(e), 2(1)(f) and 4 of the Prevention of Organised Crime Act 121 of 1998 (POCA) ─ elements to be proved by the State to secure convictions under relevant provisions of POCA ─ whether dolus or culpa required ─ proper approach. Sentence ─ whether interference by court of appeal is justified.
04 Dec
206 National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development (20781/2014) [2015] ZASCA 206 (4 December 2015)
Constitutional law - constitutional challenge to Act s 7(1)(a) of the Criminal Procedure Act 51 of 1977 - whether the section is unconstitutional insofar as it allows only private persons to institute private prosecutions and not juristic persons - whether the differentiation is rationally connected to a legitimate governmental purpose. Media Summary
04 Dec
205 South African Local Authorities Pension Fund v Mthembu (20649/2014) 2015 ZASCA 205 (3 December 2015)
Pension fund rules – full-time student – meaning of – whether first respondent’s daughter a full-time student while studying at UNISA.
Media Summary
03 Dec
204* Director of Public Prosecutions, Gauteng v Pistorius (96/2015) [2015] ZASCA 204 (3 December 2015)
Criminal Law and Procedure ─ appeal under s 319 of Criminal Procedure Act 51 of 1977 ─ conviction on a competent verdict to be regarded as an acquittal on the main count and does not debar an appeal on a question of law reserved.
03 Dec
203 Registrar of Pension Funds v Financial Services Appeal Board (222/2015) [2015] ZASCA 203 (2 December 2015)
Locus standi – Board of Appeal established by section 26A of the Financial Services Board Act 97 of 1990 overturning decision by the Registrar of Pension Funds –– Registrar does not have locus standi to review the decision of the Appeal Board.
Media Summary
02 Dec
202 Tellumat (Pty) Ltd v Appeal Board of the Financial Services Board (221/2015) [2015] ZASCA 202 (2 December 2015)
Pension fund – apportionment of surplus in terms of s 15C of Pension Funds Act 24 of 1956 – apportionment by trustees undertaken as part of an overall scheme for the outsourcing of pensions and enhancement of pension benefits – implementation of distribution scheme involving transfer in terms of s 14 of the Pension Funds Act – scheme to be viewed as a whole and elements not to be treated as discrete from the whole – scheme approved by the Registrar of Pension Funds – appeal to the Appeal Board for the Financial Services Board – Appeal Board deciding appeal without regard for the scheme as a whole or the impact of its decision on the agreed apportionment of surplus – such a reviewable error in terms of s 6(2)(e)(iii) of PAJA – decision of Appeal Board set aside.
Media Summary
02 Dec
201 Mocumi v The State (323/2015) [2015] ZASCA 201 (2 December 2015)
Criminal law – evidence - contradictions in the evidence of child complainants in sexual offence cases – contradictions not necessarily fatal to state case – evidence must be considered carefully – discussion of onus borne by the State - court must be satisfied that despite contradictions the evidence constitutes proof beyond reasonable doubt of commission of the offence and identification of the perpetrator – relevant considerations include the age and capacity of the child.
02 Dec
200 Tasima (Pty) Ltd v Department of Transport (792/2015) [2015] ZASCA 200 (2 December 2015)
Administrative Law – Extension of contract between appellant and first respondent – court orders compelling respondents to comply with contract during period of extension – application for committal of contempt of those orders and related relief – contempt not dependent on validity of extension – counter-application to set extension aside – time limit imposed by s 7 of PAJA.
02 Dec
199 Newton Global Trading (Pty) Ltd v Da Corte (104/15) [2015] ZASCA 199 (02 December 2015)
Company Law - Business rescue proceedings - resolution to commence business rescue in terms of s 129(1) of Companies Act 71 of 2008 - non-compliance by company with requirements of s 129(3) and (4) - whether locus standi of business rescue practitioner may be challenged when resolution not set aside.
02 Dec
198 Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015)
Constitutional law – right to education in terms of s 29(1)(a) of the Constitution – content of right discussed – Department of Basic Education adopting clear national policy that each learner must be provided with a textbook for each subject before commencement of the academic year – Department failing to do so in respect of some learners in Limpopo – held that the Department had given content to s 29(1)(a) – right immediately realisable – held accordingly that the Department’s failure to provide textbooks to each learner infringes their right to basic education – held further that failure to provide textbooks to a small number of students in Limpopo amounted to unfair discrimination against them – order of court a quo requiring Department to deliver textbooks and report to respondents accordingly confirmed and appeal dismissed – in addition, cross-appeal upheld and declaration made that Department in breach of previous court orders concerning delivery of textbooks.
Media Summary
02 Dec
197* Director of Public Prosecutions, Western Cape v Kock (20841/2014) [2015] ZASCA 197 (1 December 2015)
Criminal Procedure Act 51 of 1977 (CPA) – section 316B of the CPA grants the State the right to appeal against a sentence imposed by a superior court sitting as a court of first instance to the Supreme Court of Appeal – no provision in the CPA enabling the State to appeal against a sentence imposed by a superior court sitting as a court of appeal against sentence imposed by a regional court – no such right provided for in s 16(1)(b) read with s 17(1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – this court has no jurisdiction – appeal struck from the roll.
01 Dec
196 Rossitter & others v Nedbank Ltd (96/2014) ZASCA 196 (1 December 2015)
Civil Procedure – application of Uniform rule 42(1)(a) in terms of which a court is empowered to set aside a default judgment erroneously sought and granted in the absence of a party affected thereby.
01 Dec
195 Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015)
Review – Section 3(3)(a) of Local Government: Municipal Property Rates Act 6 of 2004 – council resolution not to exempt ratepayers, who provide their own services, from paying rates – whether equitable.
Media Summary
01 Dec
194 Kekana v The State (498/2015) [2015] ZASCA 194 (1 December 2015)
Sentencing – Criminal Law Amendment Act 105 of 1997 – appellant aged between 16 and 18 years – sentence of life imprisonment imposed in relation to a conviction on each of two counts of murder – the fact that appellant was a child at the time of the commission of the offence ignored – material misdirection – sentence of 20 years’ imprisonment substituted.
01 Dec
193 Plover’s Nest Investments v De Haan (20590/2014) [2015] ZASCA 193 (30 November 2015)
Administrative Law – administrative action – what constitutes – effect of failure of official of municipal council to communicate resolution of council correctly – official not empowered to make decisions on behalf of council – act of official merely administrative error not amounting to administrative action – resolution of council valid and binding.
30 Nov
192 Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014) [2015] ZASCA 192 (30 November 2015)
Theft of trust funds by attorney – s 48(1)(a) of the Attorneys Act 53 of 1979 – when claimant became aware of theft – stated case in terms of Rule 33(1) of the Uniform Rules of Court – status of evidence agreed upon – drawing of inferences from agreed facts as to when claimant became aware of theft.
30 Nov
191 Khavhadi v S (459/15) [2015] ZASCA 191 (30 November 2015)
Criminal law – evidence of death of deceased lacking – single witness not credible and satisfactory – conviction overturned.
Media Summary
30 Nov
190 Motor Industry Staff Association v Macun NO & others (20819/2014) [2015] ZASCA 190 (30 November 2015)
High Court and Labour Court – concurrent and exclusive jurisdiction – validity of extension of collective agreement to non-parties – arising out of the Labour Relations Act 66 of 1995 – matter within exclusive jurisdiction of Labour Court.
Media Summary
30 Nov
189 Masike v The State (20565/2014) [2015] ZASCA 189 (30 November 2015)
Criminal Procedure ─ Appeal against order of the High Court refusing leave to appeal in terms of s 309(7)(c) of the Criminal Procedure Act 51 of 1977 ─ refusal of condonation by lower court when there are no reasonable prospects of success of appeal may be appealed against to the high court if leave to appeal is granted by the high court. Necessity for judges considering petition to have at their disposal documents listed in s 309C(4) of the CPA for a proper adjudication of petition explained.
30 Nov
188 SAMPRA v Foschini Retail Group (Pty) Ltd (50/2015) [2015] ZASCA 188 (30 November 2015)
Determination by Copyright Tribunal of royalty payable in terms of s 9A read with s 30(b), 33(3) and 33(5) of the Copyright Act 98 of 1978 – jurisdiction of tribunal – established by absence of agreement between user and owner of copyright protected music as to amount of royalty – tribunal to be satisfied on all of evidence that claim of user to a reduced royalty well-founded in terms of s 33(5) – no onus upon user to prove this – determination of reasonable royalty – reference to comparable royalties payable in foreign jurisdictions.
Media Summary
30 Nov
187 Montsho v The State (20572/2014) [2015] ZASCA 187(27 November 2015)
Criminal Procedure ─ sentence ─ prescribed sentences ─ imposition of in terms of the Criminal Law Amendment Act 105 of 1997 read with Part I of Schedule 2 ─ gravity of offence coupled with lack of genuine contrition rendering life imprisonment an appropriate sentence.
27 Nov
186 Goqwana v Minister of Safety NO & others (20668/14) [2015] ZASCA 186 (30 November 2015)
Search warrant – should be addressed to a specifically named police official – where search relates to a statutory offence, as opposed to a common law crime, the warrant should pertinently refer to the specific statute and the section or subsection thereof – affidavit upon which search warrant based must accompany warrant when executed – appeal upheld – warrant set aside and goods seized ordered to be returned.
Media Summary
30 Nov
185 Köster v Norval (20609/14) [2015] ZASCA 185 (30 November 2015)
Sale ─ by non-owner ─ obligations ─ required to deliver vacua possessio only and to warrant against eviction ─ not obliged to transfer ownership ─ appeal dismissed.
Media Summary
30 Nov
184 Ngculu v The State (438/15) [2015] ZASCA 184 (30 November 2015)
Criminal appeal against conviction on murder and assault with intent to cause grievous bodily harm – sentenced to life imprisonment in respect of murder and 3 years’ imprisonment in respect of assault with intent to cause grievous bodily harm – single witness – adequacy of the evidence – fair trial – sentence of life imprisonment disturbingly inappropriate.
Media Summary
30 Nov
183 The Isibaya Fund v Visser & another (20278/14) [2015] ZASCA 183 (27 November 2015)
Civil Procedure – s 424 of the Companies Act 61 of 1973 – special plea in terms of s 11(d) of Prescription Act 68 of 1969 – whether the appellant is the ‘State’ as contemplated in s 11(b) of Prescription Act – court concluding that the three-year period of prescription applies and not a fifteen-year period.
27 Nov
182 Uniqon Wonings v City of Tshwane (20789/2014) [2014] ZASCA 182 (30 November 2015)
Local Authority – Municipality – Imposition of property rates in terms of s 10G(7) of the Local Government Transition Act 209 of 1993 – When exercising its power in terms of s 10G no need to comply with the prescripts of provincial rating ordinance – Not obliged to determine rates annually - Rates levied during a specific financial year did not lapse at the end of financial year.
Media Summary
30 Nov
181 Chauke v The State (578/2015) [2015] ZASCA 181 (30 November 2015)
Criminal trial - Mental state of accused - Enquiry in terms of ss 77, 78 and 79 of Criminal Procedure Act 51 of 1977 - The trial court was not placed in possession of all relevant facts regarding the appellant’s mental condition - Irregular to conduct an enquiry into the mental state of appellant without the assistance of an expert – Resulting in a fundamental irregularity.
30 Nov
180* Anglo Platinum Management Services v SARS (20725/2014) [2015] ZASCA 180 (30 November 2015)
Income Tax Act 58 of 1962 – whether valid and binding salary sacrifice agreement achieved.
30 Nov
179 Lubisi v The State (230/2015) [2015] ZASCA 179 (27 November 2015)
Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition refused by the court a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted – this court has no jurisdiction to hear appeals on the merits directly from the magistrates’ courts.
27 Nov
178 Mdluli v S (229/2015) [2015] ZASCA 178 (27 November 2015)
Criminal Procedure ─ appeal against the refusal of a petition by the court a quo ─ no reasonable prospect of success on appeal ─ appeal dismissed.
27 Nov
177 Minister of Water and Environmental Affairs v Kloof Conservancy (106/2015) [2015] ZASCA 177 (27 November 2015)
Environmental law – National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) – failure on the part of the Minister to publish a national list of alien and invasive species (AIS) and regulations within the time required by s 70(1)(a) of (NEMBA) – Minister published the requisite AIS list and regulations even though overdue – high court issuing orders imposing a general obligation upon the Minister to oversee that all organs of State comply with the NEMBA – having regard to principles of legality, separation of powers and co-operative government, it was not competent for the high court to make such declaratory orders.
27 Nov
176 Engen Petroleum Limited v The Business Zone 1010 CC t/a Emmarentia Convenience Centre (20513/2014) [2015] ZASCA 176 (27 November 2015)
Arbitration in terms of Petroleum Products Act 120 of 1977 - section 12B - interpretation of.
27 Nov
175 Merck Sharpe Dohme Group v Cipla Agrimed (Pty) Ltd (20282/2014) [2015] ZASCA 175 (27 November 2015)
Patent – alleged lack of novelty – requirements of disclosure and enablement – selection patent – conditions for validity of.
27 Nov
174 Hildebrand v The State (00424/15) [2015] ZASCA 174 (26 November 2015)
Appeal against sentence – appellant convicted of two counts of assault with intent to cause grievous bodily harm on two young children –sentenced to 30 days imprisonment on each count – Section 51(5) of the Criminal Law Amendment Act 105 of 1997 not precluding a sentencing officer from suspending the sentence imposed where minimum sentence departed from.
26 Nov
173 Selli v The State (220/15) [2015] ZASCA 173 (26 November 2015)
Criminal appeal against a sentence of 15 years’ imprisonment imposed by the regional magistrate – whether substantial and compelling circumstances present to justify a departure from the prescribed minimum sentence – whether regional magistrate competent to order a non-parole period.
26 Nov
172

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015)
Where a pension fund seeks to rely on an amended rule in claiming contributions to members’ benefits from employers, it must show that the rule was amended in accordance with s 12 of the Pension Funds Act 24 of 1956: absolution from the instance rightly granted where the South African Local Authorities Pension Fund did not adduce any evidence to show that it had complied with the Act and its own rule, and thus that the approval of the amendment by the Registrar of Pension Funds was valid.

Media Summary

26 Nov
171

Absa v Moore (20719/2014) [2015] ZASCA 171 (26 November 2015)
Where a sale giving rise to the transfer of immovable property is induced by fraudulent misrepresentation, such that the owner does not intend to transfer ownership, registration of the transfer is of no force. A person who is not the owner of immovable property cannot grant a valid mortgage bond over it.

Media Summary

26 Nov
170 Duze v State (272/15) [2015] ZASCA 170 (26 November 2015)
Evidence of identification – appellant’s conviction based on identification evidence of a single witness – to guard against inherent risk of mistaken identification – such evidence required to be approached with caution – not enough for identifying witness to be honest and reliable but reliability of his observation to be tested.
26 Nov
169

Lelaka v The State (409/15) [2015] ZASCA 169 (26 November 2015)
Criminal Procedure ─ sentence ─ whether plea of double jeopardy applicable where accused had been convicted of assault with intent to do grievous bodily harm and where after the conviction, the victim died and the State intends preferring charges of murder against him.

Media Summary

26 Nov
168

Law Society of the Northern Provinces v Le Roux (185/2015) [2015] ZASCA 168 (26 November 2015)
Attorneys Act 53 of 1979 – Law Society’s resolution introducing a requirement to its rules for the submission of an acceptable, unqualified audit certificate for the issue of fidelity fund certificates under s 42(3)(a) of the Act constituted administrative action within the meaning of the Promotion of Administrative Justice Act 3 of 2000 and is binding until set aside on review – wrong relief sought by insolvent attorneys from whom the Law Society’s secretary withheld the certificates because their firm’s trust account was in deficit and its audit certificate accordingly qualified as a result of fraudulent misappropriation of funds from the account by their associate – should have taken the resolution on review instead of merely challenging the secretary’s refusal to issue the certificates – appeal thus upheld.

Media Summary

26 Nov
167

City of Tshwane v Nambiti Technologies (Pty) Ltd (20580/2014) 2015 ZASCA 167 (26 November 2015)
Tender – cancellation thereof – terms of tender authorising its withdrawal – cancellation not administrative action – cancellation set aside by High Court as unfair and municipality ordered to adjudicate tender – no grounds for holding cancellation unfair – relief granted by High Court impinging on municipality’s powers and obligations in regard to procurement – such impermissible as infringing the doctrine of the separation of powers.

Media Summary

26 Nov
166

Breda NO v The Master of the High Court, Kimberley (20537/2014) [2015] ZASCA 166 (26 November 2015)
Proof of creditor’s claims in terms of s 44 of the Insolvency Act 24 of 1936 – ex facie documents claim possibly prescribed – provisional admission of claim – final determination falling within trustees functions and powers – commissioning by attorney of affidavit in support of claim – falls within exemption contained in item 1(b) of Schedule to Regulations Governing the Administering of an Oath or Affirmation, promulgated in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 – attorney having an interest in the matter – not precluded from commissioning affidavit.

Media Summary

26 Nov
165

A Hendricks v M Hendricks & others (20519/14) [2015] ZASCA 165 (25 November 2015)
Eviction – an owner who occupies property without the consent of the holder of a right of habitation in respect of that property is an ‘unlawful occupier’ as contemplated in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Media Summary

25 Nov
164 Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (20711/14) [2015] ZASCA 164 (25 November 2015)
Delict – trading in competition with a contracting party in contravention of a restraint clause in a lease agreement constitutes unlawful interference in the contractual relationship between the contracting party and the landlord – an exclusivity clause in a lease agreement is an integral part of that lease and not a collateral right.
Media Summary
25 Nov
163* South African Dental Association v Minister of Health (20556/2014) [2015] ZASCA 163 (24 November 2015)
Health Professions Act 56 of 1974 – discussion of steps required to establish a new regulated health profession in terms of that Act – challenge to Regulations by Minister setting up regulatory regime in respect of dental assistants – challenge time-barred in terms of s 7(1) of the Promotion of Administrative Justice Act 3 of 2000 in respect of most of the regulations – challenge in respect of remaining regulations defining scope of the profession as contemplated in s 33 of that Act rejected – exception to general rule relating to costs in constitutional matters applied due to the manner in which litigation conducted.
Media Summary
24 Nov
162 City of Tshwane v Uniqon Wonings (20771/2014) [2015] ZASCA 162 (20 November 2015)
Municipal property rates: s 118(1) of the Local Government: Municipal Systems Act 32 of 2000: rates are payable by a township owner over the remaining extent of the township as a single entity, and not all the unsold erven separately. Where a township owner sells an erf in the township, and applies for a clearance certificate in respect of municipal rates and charges, required before transfer can be effected, the municipality must determine the rates and charges payable over the preceding two years in connection with that erf and issue the certificate against payment of that amount.
Media Summary
20 Nov
161 The Council for Medical Schemes v Genesis Medical Scheme (20518/14) [2015] ZASCA 161 (16 November 2015)
Rules of medical scheme registered under Medical Schemes Act 131 of 1998 seeking to limit payment of expenses for treatment of prescribed minimum benefits envisaged by regulations under the Act to expenses incurred at a public or state institution - medical scheme may not by its rules avoid obligation to pay full costs of treatment even where administered in a private institution.
Media Summary
16 Nov
160 Dominick v Nedbank Limited (20463/14) [2015] ZASCA 160 (13 November 2015)
Suretyship – Principal and surety – discharge of surety claimed on ground of prejudice caused by creditor’s conduct – creditor failing to apply set-off allowed by principal agreement – failure to apply set-off not constituting breach of terms of agreement – prejudice not resulting from breach of legal duty or obligation - surety not entitled to release.
13 Nov
159 Premier Foods v Manoim NO (20147/2014) [2015] ZASCA 159 (4 November 2015)
Competition Law – leniency under Corporate Leniency Policy – appellant participated as a self-confessed member of a cartel in complaint proceedings before the Competition Tribunal – order by the Tribunal finding that the appellant was involved in a prohibited practice – appellant excluded from the complaint referrals – whether such order competent – Tribunal having no power to make any order against appellant – order relating to appellant a nullity – no need to set aside order – the Tribunal or its Chairperson cannot issue a certificate under s 65(6)(b) of the Competition Act since order on which that certificate based a nullity.
Media Summary
04 Nov
158 Griffiths v Janse van Rensburg NO (20269/2014) [2015] ZASCA 158 (26 October 2015)
Insolvency ─ dispositions ─ requirement in s 29 of the Insolvency Act that dispositions must be made in the ordinary course of business ─ broad test restated and applied ─ dispositions made pursuant to void contracts ─ test not satisfied ─ dispositions correctly set aside ─ mora interest on an award setting aside such disposition under s 32(3) of the Insolvency Act ─ debt arises only on judgment ─ no amount due before judgment on which mora interest can run ─ mora interest to run only from date of judgment.
26 Oct
157 Minister of Water and Environmental Affairs v Karan Beef Feedlot (20563/2014) [2015] ZASCA 157 (9 October 2015)
Water ─ interpretation of permit issued in terms of s 62(2I)(a)(i) of the Water Act 54 of 1956 ─ meaning of permit clear from words used and context ─ contrary result sought by respondent could only be achieved by variation of the permit on review ─ respondent elected not to pursue review ─ liability of respondent for payment of levies in respect of water supplied by the Trans-Caledon Tunnel Authority not established.
Media Summary
09 Oct
156 SABC v DA (393/2015) [2015] ZASCA 156 (8 October 2015)
Remedial action by Public Protector – has legal effect – absent review – cannot be ignored by State and public institutions – discussion of constitutional and legislative scheme regulating powers of Public Protector – order suspending Chief Operating Officer of the South African Broadcasting Corporation – held not to offend against separation of powers doctrine – reiteration of caveat against piecemeal litigation.
Media Summary
08 Oct
155 Centre for Child Law v The Governing Body of Hoërskool Fochville (156/2015) [2015] ZASCA 155 (8 October 2015)
Appeal – mootness – discrete point of interpretation – production of documents – Uniform rule 30A applicable when rule 35(12) not complied with – court must try to strike a proper balance in the exercise of its general discretion – interests of children must be accorded adequate weight.
08 Oct
154 Non-Detonating Solutions (Pty) Ltd v Durie (20440/2014) [2015] ZASCA 154 (2 October 2015)
Civil procedure – Anton Piller application – requirements for the grant of an Anton Piller order satisfied –interim order granted by court a quo amended and confirmed.
02 Oct
153 Opperman v Minister of Defence and Military Veterans (20752/14) [2015] ZASCA 153 (2 October 2015)
Employment – South African National Defence Force – whether contract of employment conferring benefits on employee to which he is not entitled, is enforceable.
Media Summary
02 Oct
152 Naidoo v Minister of Police (20431/2014) [2015] ZASCA 152 (2 October 2015)
Negligence ─ Duty of care ─ police conduct in breaching rights under the Domestic Violence Act 116 of 1998 actionable. Arrest ─ legality of ─ arrest without a warrant ─ person arrested whilst seeking assistance from the police under the Domestic Violence Act ─ arrest by police without warrant under s 40(1)(b) or (q) of the Criminal Procedure Act 51 of 1977 not absolving police from liability if requirements of the section not met. Damages ─ assault ─ appellant a victim of domestic violence assaulted by police while seeking assistance from them ─ appellant suffering secondary victimisation ─ that factor aggravating the contumelia element of the assault.
Media Summary
02 Oct
151 Jansen v The State (20043/14 & 229/14) [2015] ZASCA 151 (2 October 2015)
Criminal Procedure ─ Plea and sentence agreements in terms of s 105A of the Criminal Procedure Act 51 of 1977 ─ trial court erred in imposing a sentence contrary to that contained in the plea agreements without advising the State and the accused that it was of the opinion that the proposed sentence was unjust as contemplated in s 105A(9) of the Act.
Media Summary
02 Oct
150 Unica Iron and Steel v Mirchandani (20461/2014) [2015] ZASCA 150 (1 October 2015)
Contract – written document – whether intended by parties to be binding – conduct of parties post signature showing that they intended to be bound and that their agreement was not subject to another formal agreement being concluded.
Media Summary
01 Oct
149 MEC for Education, Gauteng v Fedsas (20420/2014) [2015] ZASCA 149 (16 October 2015)
Education – public schools – powers of governing bodies to determine admissions policy and capacity of public schools not absolute – s 5(5) of the South African Schools Act 84 of 1996 must be read with other applicable law – education department exercises ultimate control – powers of the department to be exercised reasonably – parties must engage with each other in good faith – principle of co-operative governance paramount.
16 Oct
148 Minister of Correctional Services and others v Seganoe (20507/2014) [2015] ZASCA 148 (01 October 2015)
Correctional Services Acts 8 of 1959 and 111 of 1998 – Parole – whether the eligibility for placement on parole of a sentenced offender who committed offences during the operation of the 1959 Act but was sentenced after the 1998 Act came into force should be determined in terms of the parole regime applicable at the time of the commission of such offences under the 1959 Act or the different regime applicable at time of sentencing under the 1998 Act.
Media Summary
01 Oct
147 Dlanjwa v The Minister of Safety and Security (20217/2014) [2015] ZASCA 147 (01 October 2015)
Delict – dependants’ action for damages arising from loss of support –policeman injuring his wife and taking his own life with service firearm – probabilities that wife reported his violent conduct against her and his threats of suicide to the police – police negligent in failing to dispossess him of firearm – wrongfulness established.
Media Summary
01 Oct
146 DDP Valuers (Pty) Ltd v Madibeng Local Municipality (233/2014) [2015] ZASCA 146 (1 October 2015)
Administrative Law – review of municipal tender – interpretation and application of section 7(2) of the Promotion of Administrative Justice Act 3 of 2000 – duty to exhaust internal remedies prior to instituting judicial review proceedings – the dispute resolution mechanism created by regulation 50 of the Municipal Supply Chain Management Regulations does not constitute an internal remedy as contemplated by section 7(2) of the PAJA.
Media Summary
01 Oct
144 Dalindyebo v S (090/2015) [2015] ZASCA 144 (1 October 2015)
Fair trial rights – complaint concerning delay in prosecution – held that largely due to conduct of appellant himself – complaint concerning inadequacy of legal representation rejected – accusation that trial judge acted irregularly by descending into the arena calling into question his impartiality unfounded – King, in dealing with his subjects, committing criminal acts – actions deplored – setting fire to the houses of his subjects and severely assaulting young men alleged to have committed criminal acts – had it not been for medical intervention they would probably have died – defence that appellant could not be convicted of arson because the land on which the subjects lived belonged to him and the structures he had set fire to had acceded to the land rejected – a person could be guilty of arson if he sets fire to his own immovable property with the intent to injure another – appellant guilty of arson, kidnapping, assault with intent to do grievous bodily harm and defeating the course of justice – appeal in respect of severity of sentence dismissed – appellant held to be fortunate in not having had a lengthier sentence of imprisonment imposed.
Media Summary
01 Oct
143 Mothwa v The State (124/15) [2015] ZASCA 143 (1 October 2015)
Criminal Law ─ robbery with aggravating circumstances ─ inadequacy of proof ─ doctrine of recent possession restated ─ State failed to prove appellant’s guilt on charge of robbery with aggravating circumstances and competent verdict ─ appeal upheld ─ sentence and conviction set aside.
01 Oct
142 Brouze v Wenneni Investments (20427/2014) [2015] ZASCA 142 (30 September 2015)
Delict: appeal against findings that the appellants had made fraudulent misrepresentations and actionable non-disclosures that had induced a contract: held that no misrepresentations had been made and that there was no duty to make disclosure.
Media Summary
30 Sep
141 The National Treasury v Kubukeli (20567/2014) [2015] ZASCA 141 (30 September 2015)
Constitutional law ─ rational decision-making under the rule of law ─ investigation by the first appellant of the financial management and internal control of the second appellant and recommendations in respect of improvements thereto without participation of the respondent ─ founded on reason and not arbitrary.
Media Summary
30 Sep
140 Tlhako v The State (129/15) [2015] ZASCA 140 (30 September 2015)
Sentence – Imposition in terms of Criminal Law Amendment Act 105 of 1997 – where State intends to rely on sentencing regime created by Act, constitutional right to a fair trial will generally call for such intention to be brought to the attention of accused timeously to enable proper conduct of defence – failure to do so a misdirection.
Media Summary
30 Sep
139 NS v The State (20642/2014) [2015] ZASCA 139 (30 September 2015)
Grant of application for special leave to appeal in terms of s 16(1)(b) of the Superior Courts Act 10 of 2013 – manifest failure of justice – appeal upheld – conviction of rape and sentence of ten years’ imprisonment set aside.
30 Sep
138 Commissioner for the South African Revenue Service v Stepney Investments (20192/14) [2015] ZASCA 138 (30 September 2015)
Tax – determination of base cost of shares in terms of Eighth Schedule to the Income Tax Act 58 of 1962 for capital gains tax purposes – 4.37% of shares in company disposed of – market value of shares on valuation date to be determined – whether discount cash flow valuation method appropriately applied by taxpayer.
Media Summary
30 Sep
137 Snyders v De Jager (20469/2014) [2015] ZASCA 137 (30 September 2015)
An appeal does not lie to the Supreme Court of Appeal against an order of the Land Claims Court confirming an eviction order of the magistrates’ court on automatic review to it in terms of s 19(3) of the Extension of Security of Tenure Act 62 of 1997.
Media Summary
30 Sep
136 Nube v The State (091/15) [2015] ZASCA 136 (30 September 2015)
Appeal against convictions and the sentences imposed for robbery with aggravating circumstances, attempted murder, six counts of murder, unlawful possession of firearm and ammunition – conspiracy and common purpose – the appellant a member of a group which planned to commit a heist – the appellant attending various meetings where the plan, time and method of executing the heist discussed, refined and agreed upon – the appellant claiming to have withdrawn from the conspiracy to commit the heist – confirmation of court a quo’s finding that the appellant’s conduct did not amount to effective dissociation from the conspiracy and common purpose to commit the heist.
30 Sep
135 Randburg Management District v West Dunes Properties (451/2013) [2015] ZASCA 135 (30 September 2015)
Local government – formation of a city improvement district under the Gauteng City Improvement Districts Act 12 of 1997 – municipal council may not delegate authority to approve a city improvement district to mayoral committee by reason of s 59(2) of the Local Government: Municipal Systems Act 32 of 2000 read with s 160(2)(c) of the Constitution – levies imposed by a city improvement district not validly formed not recoverable – such levies in any event offending s 229 of the Constitution as imposed by provincial and not national legislation.
Media Summary
30 Sep
134 Du Preez v Tornel Props (Pty) Ltd (20714/14) [2015] ZASCA 134 (29 September 2015)
Contract – justifiable withholding of reciprocal obligation to perform – reasonable person not perceiving conduct as repudiation – subsequent cancellation reasonably perceived by innocent party as repudiation – ensuing cancellation justified – quantum of damages awarded not proved – court re-assessing damages.
29 Sep
133 Green Willows Properties v Rogalla Investment Company (20436/14) [2015] ZASCA133 (29 September 2015)
Contract – sale of land – whether terms and conditions in written agreement fulfilled – recusal – trial judge refusing recusal application after dismissal of application of absolution from the instance – no basis for application for recusal of trial judge.
29 Sep
132 Negondeni v the State (00093/15) [2015] ZASCA 132 (29 September 2015)
Criminal trial – accused given no warning of prospect of minimum sentence – accused having incompetent legal representative selected by the judge – s 112 of Criminal Procedure Act 51 of 1977 not properly applied – accused did not have a fair trial - conviction and sentence set aside – matter remitted to the court a quo for trial de novo before a different judge.
Media Summary
29 Sep
131 Arendse v S (089/15) [2015] ZASCA 131 (28 September 2015)
Criminal law – identification by witnesses who had prior knowledge of the appellant – in cases where the witness has known the person previously, questions of identification of facial characteristics and of clothing are less important than where there was no previous acquaintance with the person sought to be identified – general principles of identification evidence, credibility and reliability of identifying witnesses revisited.
28 Sep
130 Marota v The State (118/13) [2015] ZASCA 130 (28 September 2015)
Sentence ─ imposition of ─ power of appellate court to interfere with the exercise of discretion by sentencing court circumscribed ─ cumulative effect of sentence ─ not such as to warrant interference.
Media Summary
28 Sep
129 Grundling v The State (20616/14) [2015] ZASCA 129 (28 September 2015)
Sentence - imposition of - factors to be taken into account- importance of pre-sentencing report - 30 counts of contravention of s 59(1)(a) of Value-Added Tax Act 89 of 1991 - eight years’ imprisonment imposed by the court below set aside and replaced with a three year prison sentence in terms of s 276(1)(i) of Criminal Procedure Act 51 of 1977.
Media Summary
28 Sep
128 Mukona v The State (97/15) [2015] ZASCA 128 (28 September 2015)
Criminal appeal against conviction and sentence ─ appellant convicted of murder, arson and three counts of attempted murder ─ failure by appellant to refute State case ─ effect of failure by the appellant to refute the State’s case ─ appellant also failing to give evidence in mitigation of sentence ─ conviction upheld ─ sentences ordered to run concurrently.
Media Summary
28 Sep
127 Mayo NO v De Montlehu (20504/14) [2015] ZASCA 127 (23 September 2015)
Section 366(2) of the old Companies Act 61 of 1973 does not affect the applicability of the time period stipulated in s 44(1) of the Insolvency Act 24 of 1936 – the respondent, as a ‘person aggrieved’ in terms of s 151 of the old Companies Act successfully objected where the time period was not complied with.
Media Summary
22 Sep
126 Strix Limited v Nu-World Industries (20453/2014) [2015] ZASCA 126 (22 September 2015)
Patent – alleged infringement of patent relating to overheat control in kettle comprised of multiple sensors spaced apart – interpretation of patent – allegedly infringing kettles falling within scope of claims – defence of invalidity of patent – lack of novelty alleged – defence available even where revocation of patent not sought – allegedly infringing kettles not embodied in prior publication - obviousness expressly abandoned in court a quo, but raised on appeal – would be prejudicial to appellant to allow at this late stage – held that patent had been infringed.
Media Summary
22 Sep
125 Nkosi v The State (20727/14) [2015] ZASCA 125 (22 September 2015)
Criminal law – Robbery perpetrated by a gang of which appellant a member – fellow robber shot and lawfully killed in self-defence by victim of robbery – appellant correctly convicted of murder in the
circumstances.
Media Summary
22 Sep
124 Desmond Ettienne Dӧman v Kgabo Gabriel Selomo (20455/14) [2015] ZASCA 124 (21 September 2015)
Power of court of appeal – power in terms of s 16(2)(a)(i) of the Superior Courts Act 10 of 2013 to dismiss appeal where judgment or order sought would have no practical effect or result.
21 Sep
123 Shole v The State (20716/2014) [2014] ZASCA 123 (17 September 2015)
Criminal Law – Conviction – evidence of a ‘confession’ made to witnesses properly admitted and sufficient to establish the guilt of the first appellant.
Palm and fingerprint evidence – the second appellant’s palm and fingerprints on the scene justified as only reasonable inference - an inference of guilt. Appeal dismissed.
17 Sep
122 Asmal v S (20465/14) [2015] ZASCA 122 (17 September 2015)
Sentence – on a charge of unlawful possession of a fully automatic rifle (AK47) in terms of s 4 of the Firearms Control Act 60 of 2000 – whether the sentence imposed for unlawful possession of an AK47 rifle is shockingly harsh – and whether the court a quo ought to have considered ordering the sentence on the firearm conviction to run concurrently with the sentence on the two other counts – this court’s interference justified.
17 Sep
121 Four Arrows Investments 68 v Abigail Construction (20470/2014) [2015] ZASCA 121 (17 September 2015)
Whether option had been granted: option for the purchase of a portion of agricultural land without Ministerial consent – prohibited in terms of s 3(e)(i) of the Subdivision of Agricultural Land Act 70 of 1970.
Media Summary
17 Sep
120 Dipholo v The State (094/15) [2015] ZASCA 120 (16 September 2015)
Appeal against effective sentence of 40 years’ imprisonment – leave to appeal refused by presiding magistrate – petition refused by full bench of the court below – leave to appeal to the Supreme Court of Appeal granted by the Supreme Court of Appeal – whether this Court has jurisdiction to hear appeals on the merits directly from the magistrates’ court – Section 309 of the Criminal Procedure Act 51 of 1977.
16 Sep
119 De Villiers v S (20367/2014) [2015] ZASCA 119 (11 September 2015)
Failure to consider the best interests of an offender’s young children, when imposing a sentence, constitutes a grave misdirection: evidence admitted on appeal to allow for determination of children’s best interests: custodial sentence appropriate even though appellant was primary caregiver because of the seriousness of the crime – fraud on employer when in position of trust.
Media Summary
11 Sep
118 Muldersdrift Sustainable Development Forum v Mogale City (20424/14) [2015] ZASCA 118 (11 September 2015)
Applicant for relief must demonstrate legal basis for order sought: applicant had no legal interest in, and no locus standi, to seek declaratory order that municipal manager’s appointment to the post was invalid.
Media Summary
11 Sep
117 Magwabeni v Liomba (198/13) [2015] ZASCA 117 (11 September 2015)
Delict - Malicious prosecution – requirements restated - whether plaintiff proved prosecution initiated without reasonable and probable cause and with malice.
Media Summary
11 Sep
116 MEC v Terra Graphics (483/2013) [2015] ZASCA 116 (10 September 2015)
Sub-contract to provide environmental consultancy services in relation to the Free State Province’s Road Rehabilitation Programme – work done and services rendered both by principal contractor and by the first respondent, a subcontractor – benefit of work accepted and retained – after effecting partial payment, Province refusing to pay the main contractor the balance – basis for refusing to pay the balance was that the Road Rehabilitation Programme was allegedly not budgeted for and that effecting payment in those circumstances would be in contravention of various statutory provisions – defence held to be fallacious – further defence of lack of privity of contract rejected as diversionary – always contemplated that for the subcontractor to be paid, main contractor had to be paid – first respondent claiming in the alternative that the amount owing to the main contractor be paid and that it in turn be ordered to pay sub-consultant – no resistance to this by main contractor – in circumstances it would be artificial and strained to not order direct payment.
Media Summary
10 Sep
115 Mchunu v The State (20770/14) [2015] ZASCA 115 (09 September 2015)
Criminal law – leave to appeal – sought on basis of duplication of charges – refused by regional magistrate and high court – State conceding existence of reasonable prospects of success – leave granted.
09 Sep
114 Minnaar v Van Rooyen NO (20407/2014) [2015] ZASCA 114 (10 September 2015)
The grant by default of an order under s 424(1) of the Companies Act 61 of 1973, where no evidence has been adduced, is erroneous within the meaning of Rule 42(1)(a) of the Uniform Rules of Court: order set aside on appeal.
Media Summary
10 Sep
113 Sasol Limited v Chemical Industries National Provident Fund (20162/2014) [2015] ZASCA 113 (7 September 2015)
Pensions ─ transfer of membership from respondent fund to appellant funds ─ interpretation and application of rules of respondent fund relating to transfer ─ partial compliance with rules insufficient ─ no valid transfer.
Media Summary
07 Sep
112 Chetty v Hart (20323/14) [2015] ZASCA 112 (4 September 2015)
Companies Act 71 of 2008 – business rescue proceedings – whether arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue in s 133(1) – whether proceedings instituted or continued without business practitioner’s consent a nullity – whether s 133(1) enacted for the benefit of the company under business rescue – interpretation of statute – provision capable of more than one meaning – proper approach.
Media Summary
04 Sep
111 Novartis v Maphil (20229/2014) [2015] ZASCA 111 (3 September 2015)
Contract comprising written document, oral agreement and emails enforceable: evidence demonstrated intention to conclude contract in this way, as well as actual authority of representatives to bind the appellant. Principles of contractual intepretation considered.
Media Summary
03 Sep
109 Law Society of the Northern Provinces v Mabaso (20252/14) [2015] ZASCA 109 (21 August 2015)
Attorney – Misconduct – Appropriate Sanction – Misappropriation of trust moneys – Whether warranting suspension or removal – Three-stage enquiry for removal of attorneys from roll restated – Attorney guilty of dishonesty - Attorney having failed to take responsibility in initial responses – Sanction of suspension not suitable – Errant attorney struck off.
21 Aug
108* Rooyendal (Pty) Ltd v The Minister of Land Affairs (20049/14) [2015] ZASCA 108 (21 August 2015)
Contract ─ appellants failed to prove oral agreements relied upon ─ oral agreements relied upon by first and seventh appellants in any event unenforceable as result of integration (parol evidence) rule.
21 Aug
107 Krok v CSARS (20230/2014 and 20232/2014) [2015] ZASCA 107 (20 August 2015)
Double taxation – preservation order granted in respect of a taxpayer’s assets under ss 185 and 163 of the Tax Administration Act 28 of 2011 read with article 25A of the Protocol amending the Agreement between the government of the Republic of South Africa and the government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income upheld and appeal dismissed.
Media Summary
20 Aug
- Wanga Monqo and another v The State (20308/2014) [2015] ZASCA # (19 August 2015) 19 Aug
106 Mandla Sithole v The State (20393/2014) [2015] ZASCA 106 (19 August 2015)
Criminal Procedure – appeal against refusal to grant leave to appeal on petition – whether leave to the high court ought to have been granted.
19 Aug
105 Dr F Kluever v De Goede (20198/2014) [2015] ZASCA 105 (19 August 2015)
Delict – medical practitioner – professional negligence –surgical procedure resulting in high riding patella – primary surgery improperly performed – medical practitioner negligent – defence of contributory negligence dismissed – third appellant vicariously liable to compensate respondent.
Media Summary
19 Aug
104 African Information Technology Bridge 1 v The MEC for Infrastructure Development Gauteng Province (134/2014) [2015] ZASCA 104 (2 July 2015)
Tender procedure - contracts vitiated by fundamental justus error and therefore invalid and unforceable - appeal dismissed
02 Jul
103 Fedgroup Participation Bond Managers v Trustee of the Capital Property Trust [2015] ZASCA 103 (30 June 2015)
Ownership of Land: whether an encroacher can bring an independent cause of action claiming transfer of the encroached – upon land in the absence of a removal order by the owner of the land – Building – Illegal structure – No approval of building plans by local authority.
Media Summary
30 Jun
102 Naidoo v Kalianjee NO (20345/2014) [2015] ZASCA 102 (29 June 2015)
Insolvency Act 24 of 1936 ─ validity of search and seizure warrant granted by magistrate in terms of s 69(3) of Insolvency Act 24 of 1936 – distinction between such a warrant and one issued under the Criminal Procedure Act 51 of 1977 – anomalies in warrant not rendering it invalid – warrant not too broad in scope.
Media Summary
29 Jun
101 UTi South Africa v Triple Option Trading (20157/14) [2015] ZASCA 101 (3 June 2015)
Prescription – extinctive prescription – whether the appellant’s amendment had introduced a cause of action which had become prescribed – no new cause of action introduced – claim not prescribed. Special plea of lack of jurisdiction correctly dismissed.
Media Summary
03 Jun
100

Richter v Absa Bank Limited (20181/2014) [2015] ZASCA 100 (01 June 2015)

Business rescue – application for business rescue can be made after final order of liquidation – Interpretation of ‘liquidation proceedings’ in s 131(6) of the Companies Act 71 of 2008 – ‘liquidation proceedings’ includes court proceedings and the complete process of winding up or liquidation of a company.
Media Summary

01 Jun
099 Red Dunes of Africa v Masingita Property Investment Holdings (159/2014) [2015] ZASCA 99 (1 June 2015)
Right to develop property ─ appellant relying on an agreement containing suspensive conditions ─ cannot be relied upon to found any rights where there is no averment that the suspensive conditions were fulfilled or waived ─ appellant also relying on resolution purporting to transfer a Permission to Occupy ─ no actual transfer ─ even if transfer took place, no right to develop founded ─ appeal dismissed.
01 Jun
098 Miles Plant Hire v Commissioner SARS (20430/2014) [2015] ZASCA 98 (1 June 2015)
Lapsed appeal (against final order of winding-up) – application for condonation - cumulative effect of flagrant breaches of the rules of the SCA without any acceptable explanation, respondent’s interest in the finality of the judgment and the evident prejudice to respondent and body of creditors such that condonation should be refused irrespective of the prospects of success on appeal – condonation refused.
Media Summary
01 Jun
097 Absa Bank Ltd v Naude NO (20264/2014) [2015] ZASCA 97 (1 June 2015)
Business rescue – application for setting aside of business rescue plan – non-joinder of creditors having direct and substantial interest – notice in terms of section 130 of the Companies Act 71 of 2008 Act insufficient – counter-application declaring certain suretyships void – rendered moot on dismissal of main application – costs of.
01 Jun
096 Financial Services Board v Barthram (20207/2014) [2015] ZASCA 96 (1 June 2015)
Financial Services Advisory and Intermediary Services Act 37 of 2002 – debarment in terms of s 14(1) – precludes representative from rendering financial services on an industry-wide basis.
Media Summary
01 Jun
095 Thom v Ba-Phalaborwa Municipality (20236/14) [2015] ZASCA 95 (01 June 2015)
Mandamus – municipality sought an order by notice of motion to be granted access through appellant’s property to clear a nuisance – it alleged that it could only gain access to the site to be cleared through the appellant’s property – appellant disputed this and alleged that there were other access points through which municipality could not gain access to the site – serious and genuine dispute of facts – whether the court below should have granted the order – the remedial work done by the appellant – is the appeal moot – whether the appeal will have any practical effect – section 16 (2)(a)(i) of the Superior Courts Act 10 of 2013.
Media Summary
01 Jun
094 Modiga v The State (20738/14) [2015] ZASCA 94 (01 June 2015)
Criminal appeal against convictions and sentences – appellant convicted on multiple counts – whether the appellant was a member of the gang of robbers – evidence by a single witness – circumstantial evidence – adequacy of the evidence.
Media Summary
01 Jun
093 Boost Sports Africa (Pty) Ltd v The South Africa Breweries (Pty) Ltd (20156/2014) [2015] ZASCA 93 (1 June 2015)
Whether absent a provision similar to the repealed s 13 of the Companies Act 61 of 1973 an incola company can be compelled to furnish security for costs.
Media Summary
01 Jun
092 Rahim v The Minister of Home Affairs (965/2013) [2015] ZASCA 92 (29 May 2015)
Detention of illegal foreigners pending deportation in terms of s 34(1) of the Immigration Act 13 of 2002 – illegal foreigners to be detained in a manner and place determined by the Director-General – absence of evidence concerning such determination – principle of legality – detentions unlawful.
Media Summary
29 May
091 Minister of Safety and Security v Morudu (1084/2013) [2015] ZASCA 91 (29 May 2015)
Vicarious liability – test to be applied in deviation cases – spirit, purport and objects of the Bill of Rights to be considered – acts of policeman not sufficiently close to give rise to vicarious liability.
Media Summary
29 May
090 Nieuwenhuizen v S (20339/14) [2015] ZASCA 90 (29 May 2015)
Criminal Procedure – Sentence – convicted of six counts of fraud to the tune of R130 429.46 – whether sentence is shockingly inappropriate – court of appeal considers whether the trial court and court a quo materially misdirected themselves – each case considered on its own merits – no misdirection found – sentence is not strikingly or disturbingly disproportionate – this court not justified to interfere.
Media Summary
29 May
089 Dormell Properties 282 CC v Bamberger (20191/14) [2015] ZASCA 89 (29 May 2015)
Civil Procedure – particulars of claim premised on an invalid suretyship agreement – breach of an offer to lease agreement containing a suretyship clause not expressly pleaded but annexed to the particulars of claim as if incorporated – surety not afforded an opportunity to raise the defence of the benefit of excussion – fatal to the landlord’s case.
Media Summary
29 May
088 South African Land Arrangements CC & Others v Nedbank LTD (20063/2014) [2015] ZASCA 88 (29 May 2015)
Civil procedure–summary judgment–defence–counterclaim–reliance on agreement which never came into operation–not bona fide defence–summary judgment correctly granted.
29 May
087 Blose v Ethekwini Municipality (20053/14) [2015] ZASCA 87 (29 May 2015)
Magistrate’s court – civil proceedings – application by plaintiff to reopen case in terms of rule 28(11) of Magistrates’ courts rules - discretion of presiding officer – such discretion to be exercised judicially.
Media Summary
29 May
086 The Commissioner for the South African Revenue Service v Candice-Jean van der Merwe (20152/2014) [2015] ZASCA 86 (28 May 2015)
Appeal lapsing – application for condonation – breaches of the rules of such a nature and explanation offered so unacceptable and wanting that condonation refused irrespective of the applicant’s prospects of success on appeal. Tax Administration Act 28 of 2011 – section 163 – appointment of a curator bonis.
28 May
085

Merafong City Local Municipality v AngloGold Ashanti Ltd (20265/2014) [2015] ZASCA 85 (28 May 2015)
Review – invalidity of administrative action – Minister’s ruling made in terms of s 8(9) of the Water Services Act 108 of 1997 overturning municipality’s decision to levy a surcharge on water for industrial use by mines, even if invalid, exists and has legal consequences which municipality cannot simply disregard until it is set aside by court in proceedings for judicial review.
Media Summary

28 May
084 Hattingh v The State (20099/2014) [2015] ZASCA 84 (28 May 2015)
Sentence ─ imposition of ─ factors to be taken into account ─ appellant convicted on 64 counts of fraud, one count of theft and one count of money laundering ─ minimum sentencing provisions of the Criminal Law Amendment Act 105 of 1997 not applicable ─ period spent in prison awaiting trial being one of the factors to take into account in determining appropriate sentence ─ leave to appeal ─ s 16(1)(b) of the Superior Courts Act 10 of 2013 ─ an appeal to this court against a decision of a division of the high court on appeal to it competent only with the special leave of the Supreme Court of Appeal.
Media Summary
28 May
083 Reddy v Absa Bank (20096/2014) [2015] ZASCA 83 (28 May 2015)
The winding up of a close corporation during the period of deregistration is automatically retrospectively validated upon reinstatement in terms of s 82(4) of the Companies Act 71 of 2008.
28 May
082 Minister of Mineral Resources v Mawetse (SA) Mining Corporation (Pty) Ltd (20069/14) [2015] ZASCA 82 (28 May 2015)
Mining – prospecting right – when granted in law – whether BEE compliance can be attached as a condition of the right – lapsing of the right due to expiry.
Media Summary
28 May
081 Absa Bank v Keet (817/13) [2015] ZASCA 81 (28 May 2015)
Prescription - A claim under the rei vindicatio not a debt in terms of Chapter III of the Prescription Act 68 of 1969 – does not prescribe after three years.
Media Summary
28 May
080 Pauw v Du Preez (20197/2014) [2015] ZASCA 80 (28 May 2015)
Delict ─ failure to protect a section of a stairway with a hand-railing ─ such omission wrongful and negligent ─ respondent who fell from stairway not shown to have been negligent.
Media Summary
28 May
079 Banger v S (195/2015) [2015] ZASCA 79 (28 May 2015)
No appeal lies against the refusal of bail by the High Court sitting as a court of first instance without leave to appeal in terms of the Superior Courts Act 10 of 2013.
Media Summary
28 May
078

Etraction (Pty) Ltd v Tyrecor (Pty) Ltd (20185/2014) 2015 ZASCA 78 (28 May 2015)

Trade mark – infringement by use of identical mark – defence of prior bona fide use – s 36(1) of the Trade Marks Act 194 of 1993 – requirement of continuous and bona fide use – requirements for – partial expungement of registered mark in terms of s 27(1) of the Act – purpose of registration to damage existing user’s trade not to trade oneself – no bona fide intention to use as a mark in respect of the goods in question.
Media Summary

28 May
077 African Exploration v Minister of Mineral Resources (20058/2014) [2015] ZASCA 77 (27 May 2015)
Where the holder of an old order mining right, under the Mineral and Petroleum Resources Development Act 28 of 2002, is exercising the right on the day before the coming into effect of the Act (1 May 2004), no one else, after its conversion, may apply for a prospecting right in respect of the same mineral on the same land.
Media Summary
27 May
076 Panamo Properties (Pty) Ltd v Nel and Another NNO (35/2014) 2015 ZASCA 76 (27 May 2015)
Business rescue proceedings – resolution by company in terms of s 129(1) of Companies Act 71 of 2008 – non-compliance by company with further requirements of ss 129(3) and (4) of the Act – effect – s 129(5) of the Act – non-compliance does not automatically result in the business rescue being terminated – such non-compliance a ground for bringing an application to court to set aside the resolution in terms of s 130(1)(a)(iii) of the Act – a court will only set aside such resolution if it is otherwise just and equitable to do so in terms of s 130(5) of the Act – the business rescue terminates in terms of s 132(2)(a)(i) of the Act once an order setting aside the resolution has been granted.
Media Summary
27 May
075 Za v Smith (20134/2014) [2015] ZASCA 75 (27 May 2015)
Delict – claim by dependants for loss suffered through death of their breadwinner who fell over a sheer precipice in a mountain resort – liability of respondents as owner and entity in control of resort – element of wrongfulness, negligence and causation considered.
Media Summary
27 May
074 Medox Limited v The Commissioner for SARS (20059/2014) [2015] ZASCA 74 (27 May 2015)
Taxpayer failing to object to income tax assessments issued by the Commissioner ─ Absent any objection, the assessments became final and conclusive by virtue of the provisions of s 81(5) of the Income Tax Act 58 of 1962 ─ Taxpayer not entitled to relief by means of a declaratory order to have the assessments set aside ─ Appeal dismissed.
Media Summary
27 May
073 Mahlangu v S (20737/2014) [2015] ZASCA 73 (22 May 2015)
Appeal against a refusal for application for leave to appeal –complaint of duplication of charges –reasonable prospects of success in contemplated appeal.
22 May
072 Lodhi 5 Properties Investments v Firstrand Bank Limited (170/14)[2015] ZASCA 72 (22 May 2015)
Loan agreement – respondent bank entitled to restitution in light of lapse of loan and agency agreements in terms of which loan lent and advanced to first appellant before debt extinguished – mora interest payable in respect of loan agreement governed by Shari’ah (Islamic) law which prohibits the charging of interest for a loan – order granting appellants’ final winding up justified
Media Summary
22 May
071 Standard Bank v Swanepoel NO (20062/2014) [2015] ZASCA 71 (22 May 2015)
The naming of a trust as a party to a contract, despite the fact that it does not have legal personality, does not render the contract invalid where it is clear that its trustees or trustee acted for the trust in concluding the contract
Media Summary
22 May
070 Panamo Properties v Land and Agricultural Development Bank (20051/2014) [2015] ZASCA 70 (22 May 2015)
Agreement of loan made in contravention of the Land and Agricultural Development Bank Act 15 of 2002 invalid: mortgage bond registered as security for moneys lent and advanced would nonetheless secure a claim based on unjustified enrichment
Media Summary
22 May
069 African Banking Corporation of Botswana v Kariba Furniture Manufacturers & others (228/2014) [2015] ZASCA 69 (20 May 2015)
Company – Business Rescue – meaning of a ‘binding offer’ made in terms of s 153(1)(b)(ii) of the Companies Act 71 of 2008 – a binding offer made to a creditor who opposes a business rescue plan is not automatically binding on the offeree - no valid binding offer was made - – business rescue having no reasonable prospects of success - resolutions to commence business rescue and to adopt business rescue plan set aside.
Media Summary
20 May
068 Attachmate v Minister of Water and Environmental Affairs (20071/2014) [2015] ZASCA 68 (20 May 2015)
Software license agreement – unlicensed copies made by licensee in breach of agreement – interpretation of clause providing for that event – maintenance agreement providing for payment per unit in respect of licensed copies – whether licensee also liable in respect of unlicensed copies.
20 May
067 Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67 (20 May 2015)
Section 63 of Magistrates’ Courts Act 32 of 1944 – superannuation of judgment in terms of this section occurs unless actual execution effected within three years – date of warrant of execution or reissued warrant in terms of Magistrates’ Courts rule 36 – within three year period – of no consequence.
Media Summary
20 May
066 Workforce Group (Pty) Ltd v Motor Industry Bargaining Council (20076/2014) [2015] ZASCA 66 (15 May 2015)
Costs – subsequent events and statutory amendments rendering appeal academic – liability for costs.
15 May
065 Mashigo & another v The State (20108/2014) [2015] ZASCA 65 (14 May 2015)
Criminal appeal –first appellant appeals against sentence only whilst second appellant appeals against both conviction and sentence – multiple contradictions in the State’s case – effect thereof – whether the evidence of identification sufficient and reliable to justify a conviction of second appellant – whether a sentence of life imprisonment in respect of the first appellant in terms of s 51 of Act 105 of 1997 is appropriate.
14 May
064 Molusi v Voges NO (1008/13) [2015] ZASCA 64 (08 May 2015)
Land – eviction of peri-urban occupiers from leased property – one ground of termination of lease relied on in notice of termination and founding affidavit no bar to owner relying on common law ground of ownership of leased property when ownership alleged in founding papers – reliance on common law ground of ownership not constituting new cause of action – interpretation of relevant provisions of Extension of Security of Tenure Act 62 of 1997.
Media Summary
08 May
063 Johannes Windvogel v The State (20091/2014) [2015] ZASCA 63 (8 May 2015)
Criminal law and procedure – application in terms of s 16(1)(b) of the Superior Courts Act 10 of 2013 for special leave to appeal against a decision of a division of the high court sitting as a court of appeal – high court has no jurisdiction to hear application – special leave of the Supreme Court of Appeal is required – special leave to appeal against sentence granted.
Media Summary
08 May
062 Shakawa Hunting & Game Lodge (Pty) Ltd v Askari Adventures CC (44/2014) [2015] ZASCA 62 (17 April 2015)
Contract – interpretation - written agreement providing that respondent company to pay appellant 10% of its value if sold - meaning of term ‘value’- assets of respondent company sold – whether appellant entitled to 10% of selling price.
17 Apr
061 Moussa v S (181/2014) [2015] ZASCA 61 (14 April 2015)
Private counsel engaged by National Prosecuting Authority in terms of s 38 of the National Prosecuting Authority Act 32 of 1998 to conduct prosecution on fraud charges – prosecution requiring commercial expertise – challenge to prosecutor’s authority – constitutionality of s 38 – challenge on basis that it impinged on constitutional imperative of prosecutions without fear, favour or prejudice – ultimately restricted to a challenge based on the fact that s 38 does not provide for an oath as required for permanent members of the National Prosecuting Authority – held that private counsel are required to conduct themselves within the structure of the Act – and that they conduct prosecutions under the control and supervision of the most senior members of the NPA – s 38 held not to be unconstitutional.
Media Summary
14 Apr
060 Machaba & another v The State (20401/2014) [2015] ZASCA 60 (8 April 2015)
Admissibility of hearsay evidence by co-accused contained in extra – curial statement – record incomplete – import of presiding judge or registrar administering the oath in terms of s 162 of the Criminal Procedure Act 51 of 1977.
08 Apr
059 Ndwambi v The State 611/2013 [2015] ZASCA 59 (31 March 2015)
Criminal Law – fraud – whether intent to deceive and prejudice proved – appellant correctly convicted of fraud.
Media Summary
31 Mar
058* City of Cape Town v South African National Roads Authority Limited & others (20786/14) [2015] ZASCA 58 (30 March 2015)
Open justice – court records by default should be open to the public – any departure an exception and should be justified – high court’s adoption of implied undertaking rule and interpretation of rule 62(7) of the Uniform rules - inconsistent with that constitutional principle.
Media Summary
30 Mar
057 Thulamela Municipality & another v T Tshivhase & others (78/2014) [2015] ZASCA 57 (30 March 2015)
Appeal against dismissal of an exception – a plea of lack of locus standi in an interlocutory application raised as a point in limine – dismissal of exception not appealable - judgment not finally determinative of the rights of the parties.
Media Summary
30 Mar
056 Greenwood v S (20075/14) [2015] ZASCA 56 (30 March 2015)
Criminal Procedure – appeal against refusal to grant leave to appeal on petition – question to be adjudicated is whether the appellant has reasonable prospects of success on appeal and whether there are any other reasons why an appeal should be heard.
30 Mar
055* Atholl Developments v The Valuation Appeal Board for the City of Johannesburg (209/2014) [2015] ZASCA 55 (30 March 2015)
Appeal – Appealability - appeal does not lie against the reasons for an order of court - matter struck off the roll.
Media Summary
30 Mar
054 Hansa Silver (Pty) Ltd v Obifon (Pty) Ltd t/a The High Street Auction Company (192/2014) [2015] ZASCA 54 (30 March 2015)
Auction ─ sale with reserve price ─ whether vendor bids should be identified as such depends on the facts of each case ─ bids by auctioneer on behalf of sellers in present circumstances not constituting misrepresentation inducing sale.
Media Summary
30 Mar
053 Kilburn v Tuning Fork (Pty) Ltd [2015] ZASCA 53 (27 March 2015)
Suretyship – Interpretation – apparent conflict between heading and detailed provisions of deed of suretyship not real when effect is given to each and every word, read in context and taking into account the circumstances in which it came into existence.
Media Summary
27 Mar
052* Van Willing & another v The State (109/2014) [2015] ZASCA 52 (27 March 2015)
Criminal law – Admissibility of hearsay evidence in terms of s 3(1)(c) of Act 45 of 1988 where person who made the statement deceased – whether evidence of single identifying witness credible and reliable – effect of failure of appellants to testify.
27 Mar
051 Niehaus v The Regional Land Claims Commissioner & others (116/2014) [2015] ZASCA 51 (27 March 2015)
Restitution of Land Rights Act 22 of 1994 – registered owner of two farms seeking a declarator that there are no land claims lodged with the Land Claims Commissioner in respect thereof – court a quo ordering the Commissioner to publish a notice in terms of s 11(1) of the Act – whether court competent to make such an order.
Media Summary
27 Mar
050

Dlamini v The State (634/2013) [2015] ZASCA 50 (27 March 2015)
Criminal Procedure – two judges refusing application for leave to appeal against conviction and sentence by a regional court –two other judges of the high court granting the appellant leave to appeal to the Supreme Court of Appeal – consequently the issue before us was whether leave to the high court ought to have been granted.

27 Mar
049 Yende v Passenger Rail Agency of South Africa (39/2014) [2015] ZASCA 49 (27 March 2015)
Delict – Negligence – appellant allegedly falling off train departing from station – whether negligence on the part of respondent proved.
Media Summary
27 Mar
048 Terblanche v The Minister of Safety and Security and another (20006/2013) [2015] ZASCA 48 (27 March 2015)
Delict – claim for loss of earning capacity – farmer with specialised skills – entitled to be compensated on the basis of the cost of substituted labour.
27 Mar
047

Strata International (Pty) Ltd v Ekhurhuleni Metropolitan Municipality (79/2014) [2015] ZASCA 47 (26 March 2015)
Local government ─ resolution by municipality to dispose of immovable property in response to unsolicited private bid ─ no public participation or transparency ─ resolution does not give rise to enforceable public law rights.
Media Summary

26 Mar
046 Werner v Florauna Kwekery BK (224/14) [2015] ZASCA 46 (26 March 2015)
Servitude – access road – no notarial deed creating servitude - whether servitude area depicted on Surveyor-General’s sub-divisional diagram, though not registered in the Deeds Office, constitutes servitude of right of way in favour of public.
26 Mar
045* Simcha Trust v Madeleine de Jong (20001/2014) [2015] ZASCA 45 (26 March 2015)
Claim against City of Cape Town for compensation in terms of s 8(1)(c)(ii)(bb) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) based on improper approval of building plans that caused neighbouring property owners to seek redress – high court unjustifiably allowing litigation in terms of which aggrieved land owners had sought a review into litigation in terms of which the offending land owner was permitted to alter its position from co-respondent into an applicant seeking redress in terms of s 8(1)(c)(ii) of PAJA – interpretation and application of that sub-section – compensation not available when administrative decision set aside and where remittal should follow – courts slow to impose liability on administrators who do their work negligently but honestly – ‘exceptional cases’ as the expression appears in s 8(1)(c)(ii) is concerned with appropriateness of remedy rather than quality of decision sought to be impugned – even if sub-section could be employed in favour of the offending land owner the circumstances were such that any decision would be premature in that it was not possible to say now what the ultimate outcome of either the old or new plans would be
Media Summary
26 Mar
044 Firstrand Bank Ltd v Nkata (213/14) [2015] ZASCA 44 (26 March 2015)
National Credit Act 34 of 2005 – interpretation of s 129 (4) – the rescheduling or restructuring of debt does not ipso facto nullify a previously obtained writ of execution in relation to the credit agreement in question – execution means sale in execution - appeal upheld.
Media Summary
26 Mar
043 Absa Bank v Hammerle Group (205/14) [2015] ZASCA 43 (26 March 2015)
Winding-up – where debt giving rise to application for winding-up has been subordinated to other creditors of the respondent – applicant is a contingent creditor and is entitled to institute winding-up proceedings against the respondent – admission of insolvency – exception to what would otherwise be privileged communication.
Media Summary
26 Mar
042 Gcam-Gcam v The State (1034/13) [2015] ZASCA 42 (25 March 2015)
Criminal Law – Conspiracy and common purpose to commit robbery of a pay-point. Two vehicles involved – Plan abandoned but one vehicle proceeds to rob another pay-point – Whether occupants of the other vehicle guilty of common purpose to rob second pay-point. Confessions – Courts to be sceptical when suspects in police custody make confessions to police implicating themselves in serious crimes.
Media Summary
26 Mar
041 Jimmy Sebone Seemela v The State (20508/14) [2015] ZASCA 41 (26 March 2015)
Evidence – s 3(1)(c) – Law of Evidence Act 45 of 1988 – admissibility of hearsay evidence – murder – legal causation.
Media Summary
26 Mar
040 Posthumus v The Road Accident Fund (20024/2014) [2015] ZASCA 40 (25 March 2015)
Delict – negligence of a motorist parked alongside a roadway leaving headlights shining at oncoming traffic – reasonably foreseeable that oncoming motorist might be dazzled and lose control of vehicle – driver of parked vehicle negligent.
Media Summary
23 Mar
039 Cloete Murray NO & another v FirstRand Bank Ltd (20104/2014) [2015] ZASCA 39 (26 March 2015)
Business rescue proceedings ─ Interpretation of s 133(1) of the Companies Act 71 of 2008 ─ creditor of a company under business rescue cancelling a contract concluded prior to the commencement of business rescue proceedings ─ cancellation not constituting ‘enforcement action’ contemplated in s 133(1) ─ cancellation lawful.
Media Summary
26 Mar
038 Minister of Transport v Prodiba (Pty) Ltd (20028/2014) [2015] ZASCA 38 (25 March 2015)
Agreement with service provider signed by Director-General without approval of Minister – held no authority to sign on behalf of the Department of Transport – decision with financial implications of approximately R1 billion – decision polycentric in nature – within province of the Executive – agreement signed without competitive process – if agreement upheld it would mean that following upon the award of a single tender in 1997 one service provider would have had a monopoly in the production of drivers’ licences for over 20 years – militates against constitutional principles of transparent and accountable government – imperative statutory and treasury requirements flouted – agreement held to be void.
Media Summary
23 Mar
037 Lancelot Stellenbosch Mountain Retreat v Gore NO (108/14) [2015] ZASCA 37 (25 March 2015)
Interruption of prescription – onus – person asserting prescription to allege and prove date from which prescription commenced to run – failure to do so – no need to determine whether prescription interrupted.
Media Summary
23 Mar
036 Sipho Patrick Magwaza v The State (20169/14) [2015] ZASCA 36 (25 March 2015)
Evidence – proscriptive evidence – s 35(5) of the Constitution – evidence excluded because its admission detrimental to the administration of justice.
Media Summary
23 Mar
035 Minister of Home Affairs & others v Somali Association of South Africa & another (831/13) [2015] ZASCA 35 (25 March 2015)
Refugees Act 130 of 1998 – closure of refugee reception office – decision challenged for want of consultation with interested parties and rationality – remedy – authorities ignoring previous court orders.
Media Summary
23 Mar
034 The South African Hang and Paragliding Association v Bewick (1010/2013) [2015] ZASCA 34 (25 March 2015)
Delict – respondent injured in paragliding accident while transported as passenger for reward – issue whether tandem paragliding for reward illegal – further issue, whether in that event failure by appellants to prevent the illegal activity constituted wrongfulness in delict – further issue whether appellants’ omission was causally connected to harm suffered by respondent.
Media Summary
23 Mar
033 Jwara v S (916/13) [2015] ZASCA 33 (25 March 2015)
Criminal Law ─ various offences under Prevention of Organised Crime Act 121 of 1998 and other common law crimes ─ admissibility of evidence obtained pursuant to a direction made under Interception and Monitoring Prohibition Act 127 of 1992 ─ exercise of discretion to admit a proper one ─ evidence of crimes sufficient ─ convictions good ─ no basis to interfere with sentences.
Media Summary
23 Mar
032* Monyetla Property Holdings v IMM Graduate School of Marketing (20023/2014) [2015] ZASCA 32 (25 March 2015)
Lease – cancellation by lessor due to lessee’s breach – lessor’s claim for damages arising on cancellation – prescription running from cancellation despite lessor remaining in occupation of the leased premises and continuing to pay rental under a clause in the lease that obliged it to do so if cancellation disputed – lessor’s claim prescribed.
Media Summary
23 Mar
031 Bothma-Batho Transport (Pty) Ltd & v Nedbank Ltd (223/14) [2015] ZASCA 31 ( 25 March 2015)
Life policy ceded as security for a debt – insurer cancelling the policy – whether court can order the debtor and the insured to ‘procure a policy with at least similar benefits’ and cede it to the bank – such an order not competent – tacit terms relied upon by high court inconsistent with written agreement and cannot be incorporated into the contract – appeal upheld – application in the high court dismissed.
23 Mar
030 Nedbank Ltd v Steyn (20085/2014) [2015] ZASCA 30 (25 March 2015)
Administration of Estates Act 66 of 1965 – whether claims procedure provided by the Act precludes a creditor from instituting an action against the executor/executrix of a deceased estate for debt owed by the deceased – high court’s judgment that it does set aside on appeal.
Media Summary
23 Mar
029 Strydom v The State (20215/14) [2014] ZASCA 29 (23 March 2015)
Sentence – imprisonment of non-parole period ordered in terms of s 276B(1) of Criminal Procedure Act 51 of 1977 – non-parole order to be made only in exceptional circumstances - court required to afford parties opportunity to address court on making such an order and the period thereof – failure to do so constitutes misdirection.
Media Summary
23 Mar
028 Maringa v The State (20116/2014) [2015] ZASCA 28 (23 March 2015)
Section 155 and s 156 of the Criminal Procedure Act 51 of 1977—whether separation of trials is mandatory where accused do not all face the same charges but where the State alleges a common purpose to defraud and there is a great deal of overlap – to be decided on consideration of prejudice.
Media Summary
20 Mar
027 Medirite v South African Pharmacy Council (197/2014) [2015] ZASCA 27 (20 March 2015)
Administrative law – amendment to general rules of pharmaceutical practice neither rational nor reasonable – amendment set aside on review.
Media Summary
20 Mar
026 Tofa v The State (20133/14) [2015 ZASCA 26 (20 March 2015)
Rape conviction – whether guilt proved beyond reasonable doubt on evidence of a single witness – application to adduce further evidence – principles restated.
20 Mar
025 Newlands Surgical Clinic v Peninsula Eye Clinic (086/2014) [2015] ZASCA 25 (20 March 2015)
Jurisdiction of SCA – confined to grounds upon which leave to appeal had been granted – no inherent jurisdiction to go beyond these grounds. Companies Act 71 of 2008 – reinstatement of deregistered company by virtue of s 82(4) has complete retrospective effect – including validation of corporate activities during period of deregistration – parties prejudiced by complete reinstatement afforded the opportunity to seek relief under s 83(4) of the Act.
Media Summary
20 Mar
024 Kwa Sani Municipality v Underberg/Himeville Community Watch Association (180/2014) [2015] ZASCA 24 (20 March 2015)
Application to declare agreement invalid ─ Municipality alleging non-compliance with legislation and consequent invalidity ─ invalidity not made out ─ agreement endured for some four years before declaration sought ─ unexplained delay in approaching court ─ not necessary to deal with delay in light of finding of validity.
Media Summary
20 Mar
023 Mahano v Road Accident Fund 20008/2014 [2015] ZASCA 23 (20 March 2015)
General Damages – Road Accident Fund Act 56 of 1996 – interpretation of reg 3(1)(b)(iv) of the Road Accident Fund Regulations, 2008 – whether Minister of Transport must publish operational guidelines in order to apply the American Medical Association’s Guides to the Evaluation of Permanent Impairment in assessing whether third party's injury is 'serious' such as to qualify for general damages.
Media Summary
20 Mar
022 RAF v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015)
The effect of the amendment to the Road Accident Fund Act 56 of 1996 in 2008 in so far as the limitation on the liability of the Road Accident Fund for loss of income or support, suffered as a result of a motor vehicle collision, is concerned: correct approach is to determine the present value of the actual loss suffered, as actuarially calculated, taking into account all contingencies, including mortality, and then compare it with the annual loss (the limit or cap) as determined on the date of the accident.
Media Summary
20 Mar
021 Euro Blitz 21 v Secena Aircraft Investments CC (102/14) [2015] ZASCA 21 (19 March 2015)
Interest –whether words 'calculated daily' in court order implied compound or simple interest – compound interest claimable only in defined circumstances.
Media Summary
19 Mar
020 National Health Laboratory Service v Mariana Lloyd-Jansen van Vuuren (20044/2014) [2015]
ZASCA 20
(19 March 2015)
Contract – interpretation and application of employment agreements – the obligations under the two agreements are interdependent.
Media Summary
19 Mar
019

Van den Heever v Minister of Minerals and Energy (150/14) [2015] ZASCA 19 (19 March 2015)
Whether content of a letter, objectively viewed, evinced an intention of the writer to abandon a mining right. Construed in its context and in light of background facts, abandonment not established.

19 Mar
018 Trumper Trading v Kouga Municipality (795/13) [2015] ZASCA 18 (18 March 2015)
Land Use Planning Ordinance 15 of 1985 – whether municipal zoning scheme regulations permit the operation of a bottle store from premises zoned as ‘special business’ without the municipality’s further consent.
Media Summary
18 Mar
017 Greater Tzaneen Municipality v Le Grange (685/2013) [2015] ZASCA 17 (18 March 2015)
Jurisdiction – an undertaking to employ in a contract is not a matter falling within the purview of s 157 of the Labour Relations Act. – the high court has jurisdiction – rectification – on the evidence the contract was not truly reflective of the intention of the parties and agreement properly rectified.
Media Summary
18 Mar
016

City of Johannesburg Metropolitan Municipality v Hlophe (1035/2013) [2015] ZASCA 16 (18 March 2015)
Local government ─ mandamus obliging responsible functionaries to ensure that municipality complies with court orders ─ competent and appropriate in the circumstances ─ additional reporting required by the order of the court a quo order beyond issues arising in the case and in conflict with the principle of separation of powers ─ consequently set aside on appeal.
Media Summary

18 Mar
015

Potgieter v S (20109/2014) [2015] ZASCA 15 (17 March 2015)
In terms of s 16(1)(b) of the Superior Courts Act 10 of 2013, an appeal to this court against a decision of a court on appeal to it lies only with the special leave of the Supreme Court of Appeal. An order granting leave to appeal to this court by the provincial division is a nullity and this court has no jurisdiction to hear the appeal.

13 Mar
014 Maykent v Trackstar (1036/2013) [2015] ZASCA 14 (17 March 2015)
Construction contract concluded partly orally, partly by conduct and partly on basis of standard terms used in industry did not oblige the principal agent to issue a certificate of completion before issuing final payment certificate: employer’s failure to pay the contractor on this basis over a period of five years unjustified.
13 Mar
013 Roman’s Transport v Zihlwele (13/2014) [2015] ZASCA 13 (16 March 2015)
Negligence –sudden emergency – driver not negligent where collision caused by sudden deflation of the right front tyre – Evidence – expert evidence – evaluation – basis for the rejection of expert evidence. Media Summary

13 Mar
012 Clifton Dunes v City Capital (169/14) [2015] ZASCA 12 (16 March 2015)
Property syndication – how determination to be made in respect of loan amount due – high court’s reliance on the appellants’ audited financial statements in making such a determination correct – loan amount thus correctly determined – application by appellants to adduce further evidence on appeal – requirements not met.
Media Summary
13 Mar
011 Firstrand Bank v Kona & another 20003/2014 [2015] ZASCA 11 (13 March 2015)
National Credit Act 34 of 2005 – interpretation of s 88(3) – existence of debt re-arrangement order not a bar to the grant of a sequestration order. Court – precedent and stare decisis – observance of doctrine mandatory.
Media Summary
13 Mar
010 Mantella Trading v Kusile Mining (191/2014) [2015] ZASCA 10 (12 March 2015)
Patent – alleged infringement in relation to patents involving barriers or stoppings in underground passages in mines – challenge on basis of lack of clarity in patent specification and that the patent in suit lacked an inventive step – interpretation of patent claims – construed contextually – inquiry into obviousness – simplicity no bar – combination of known techniques held to involve creative ingenuity.
13 Mar
009* WT & others v KT (933/2013) [2015] ZASCA 9 (13 March 2015)
Discretionary Family Trust– whether trust assets form part of the joint estate of parties married in community of property.
Media Summary
13 Mar
008 Sechaba Medical Solutions & others v Sekete & others (216/2014) [2015] ZASCA 8 (11 March 2015)
Medical scheme – liquidation – proof of claims – claim by healthcare provider – whether claim lies against medical scheme – authorisation of treatment by medical scheme – whether creates a contract between healthcare provider and medical scheme – ss 26(1)(b) and 59 of Medical Schemes Act 131 of 1998 – effect.
Media Summary
11 Mar
007 Mkhize v Department of Correctional Services [2015] ZASCA 7 (11 March 2015)
Dismissal – upheld by Sectoral Bargaining Council – Labour Court dismissing review and Labour Appeal Court refusing leave to appeal – limited scope for interference by Supreme Court of Appeal – new material evidence tendered on appeal – need to be presented and tested – remittal to Sectoral Bargaining Council.
11 Mar
006 Firstrand Bank v Clear Creek Trading (1054/2013) [2015] ZASCA 6 (9 March 2015)
High Court dealing with separated issue in terms of Rule 33(4) ─ no order made separating the issues ─ issue to be determined not stated at all, let alone with clarity and precision ─ no factual basis laid on issue sought to be determined ─ factual matrix relevant to interpretation of contract ─ not appropriate or possible to determine the issue.
Media Summary
09 Mar
005 Ferrari v Gunner (1063/2013) [2015] ZASCA 5 (9 March 2015)
Defences of undue influence and fraudulent misrepresentation, raised in application to compel specific performance of a contract, not proved by respondents in motion proceedings in the high court: court able to determine matters on application; no reason to interfere with high court’s exercise of a discretion to grant specific performance.
Media Summary
09 Mar
004 The City of Johannesburg v The South African Local Authorities Pension Fund (20045/2014) [2015] ZASCA 4 (9 March 2015)
Application to set aside decision by the appellants as employers to terminate their contributions to the first respondent as a pension fund – objection in limine raised by the appellants that employees whose membership of that fund had thus been terminated should have been joined as parties to the litigation – objection of non-joinder dismissed by court a quo, but upheld on appeal.
Media Summary
09 Mar
003 Deutsches Altersheim Zu Pretoria v Roland Heinrich Dohmen (34/14) [2015] ZASCA 3 (5 March 2015)
Costs – death of respondent rendering appeal academic – liability for costs.
Media Summary
05 Mar
002* PriceWaterhouseCoopers Inc & others v National Potato Co-operative Ltd & another (451/12) [2015] ZASCA 2 (4 March 2015)
Auditor – relationship with client contractual – duties – whether audit conducted negligently – damages – causation. Opinion evidence – when admissible – need to establish facts on which expert’s opinion is based – hearsay – qualifications of expert witness – duties of expert witness – independence – not to act as advocate for party calling expert.
Media Summary
04 Mar
001 Stupel & Berman v Rodel Financial Services (1075/2013) [2015] ZASCA 1 (27 February 2015)
Undertaking by the appellant as conveyancer – on instructions of the seller – to pay proceeds of sale to the respondent upon transfer of immovable property – the appellant not an adjectus solutionis causa but an agent whose instructions to pay the respondent could and had been revoked by the seller as principal.
Media Summary
27 Feb