Judgments 2018


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(*) Case Correction

  Citation & Summary
005 Fortuin v S (838/2017) [2018] ZASCA 5 (13 February 2018)
Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a finding that the intention to penetrate was not established beyond reasonable doubt – appropriate to dispose of appeal without oral hearing – appeal upheld and leave granted to appeal to high court.
13 Feb
004 Hendrik Petrus Hough v Mzubanzi Sisilana and others (1121/2017) [2018] ZASCA 04 (2 February 2018)
Procedure – s 17(2)(f) of the Superior Courts Act 10 of 2013 – exceptional circumstances warranting an order for the reconsideration and variation of the dismissal of the application for leave to appeal not established – application dismissed.
02 Feb
003 Frieslaar NO v Ackerman (1242/2016) [2017] ZASCA 03 (02 February 2018)
Prescription: extinctive prescription: Prescription Act 68 of 1969, ss 10, 11 and 12: obligation to pay transfer costs and to transfer property sold constituting a debt which is susceptible to prescription: date of commencement of the running of prescription: running of prescription commences once the creditor has acquired right to claim the debt.
02 Feb
002 Mandela v The Executors, Estate Late Nelson Rolihlahla Mandela & others (131/17) [2017] ZASCA02 (19 January 2018)
Administrative law – common law review – unreasonable delay – assumption of prospects of success on merits – outweighed by potential for severe resultant prejudice – refusal of condonation – whether court justified in mulcting appellant with costs.
Media Summary
19 Jan

Basson v Hugo & others (968/16) [2017] ZASCA 01 (17 January 2018)
Promotion of Administrative Justice Act 3 of 2000, s 7(2) – failure to exhaust internal remedy prior to instituting judicial review proceedings – whether this is an appropriate case to grant exemption in terms of s 7(2)(c) where administrator alleged to be biased or reasonably suspected of bias – court finding that internal remedy ineffective and inadequate.

Media Summary

17 Jan