SUPREME COURT OF APPEAL OF SOUTH AFRICA

PIC

Judgments 2018

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(*) Case Correction

  Citation & Summary
Delivered
183 Oranje & others v Rouxlandia Investments (Pty) Ltd (915/2017) & 86/2018 [2018] ZASCA 183 (7 December 2018)
Extension of Security of Tenure Act 62 of 1997 (ESTA) – relocation of long – term occupier on land – suitable alternative accommodation provided – rights in terms of ss 5(a) and (d) read with s 6(2)(a) not affected – relocation not impacting on human dignity – relocation ordered.
07 Dec
182 The Director of Public Prosecutions, Limpopo v Motloutsi (527/2018) [2018] ZASCA 182 (04 December 2018)
Rape-Prescribed Minimum Sentence-whether respondent’s personal circumstances constituted substantial and compelling circumstances-no evidence that the respondent’s personal circumstances influenced his conduct-sentence for rape increased on appeal to 10 years’ imprisonment.
04 Dec
181 Makgoba & others v Ledwaba NO & others (054/2018) [2018] ZASCA 181 (04 December 2018)
Trust – period of office of Trustees expiring – no longer Trustees – election of new Trustees – election of new Trustees – appointment of further beneficiaries
04 Dec
180 Masuku & Ano v SAHRC (1062/2017) [2018] ZASCA 180 (04 December 2018)
Constitutional Law – right to freedom of expression – principles on protection of freedom of expression re-stated – whether statements excluded from protection under s 16(1) of the Constitution – statements to be interpreted in the context within which they were made – only statements within the purview of s 16(2) of the Constitution are not protected.
Media Summary
04 Dec
179 CSARS v Big G Restaurants (Pty) Ltd (157/18) [2018] ZASCA 179 (3 December 2018)
Income tax – s 24C of the Income Tax Act 58 of 1962 – whether income of taxpayer in years of assessment received or accrued in terms of franchise agreement – used to finance future expenditure incurred by taxpayer in the performance of obligations under that agreement – income and obligations must originate from the same contract.
03 Dec
178* GCC Engineering & others v Lawrence Maroos & others (901/2017) [2018] ZASCA 178 (3 December 2018)
Interpretation of s 131(6) of the Companies Act 71 of 2008 -application for business rescue proceedings does not terminate the office of provisional liquidators nor does it result in the assets and management of the company in liquidation re-vesting in the directors of the company in provisional liquidation.
03 Dec
177 Starways Trading v Pearl Island Trading (232/2018) [2018] ZASCA 177 (3 December 2018)
Sale – in the absence of agreement to the contrary, provisions of s 59 of the Customs and Excise Act 91 of 1964 are terms of a sale agreement implied by law – meaning of term ex warehouse – not agreement to the contrary – insistence by seller on incorrect interpretation of contract constituted repudiation thereof.
Media Summary
03 Dec
176 The City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (106/2018) [2018] ZASCA 176 (3 December 2018)
Separation of issues in terms of Uniform rule 33(4) – repeated warnings that careful thought should be given to a separation of issues, and that convenience and expedition should be the object, not heeded – when issues are inextricably linked a full ventilation of all the issues is more often than not the better course and might ultimately prove expeditious and provide finality – interpretation of an Engineering Services Agreement – foundational principles of interpretation often ignored – recent experience showing that written text unjustifiably relegated – extensive inadmissible extrinsic evidence wrongly allowed – parol evidence rule still part of our law – not for witnesses to interpret document – court’s task – evidence of negotiations inadmissible.
Media Summary
03 Dec
175 Pexmart CC v H. Mocke Construction (Pty) Ltd (159/2018) [2018] ZASCA 175 (3 December 2018)
Unlawful competition – unlawful use of confidential information and trade secrets of a competitor – principles restated – failure to call material witness – adverse inference drawn from failure to testify.
Media Summary
03 Dec
174 Malebane v Dykema (1054/2017) [2018] ZASCA 174 (3 December 2018)
Development application in terms of Chapters V and VI of the Development Facilitation Act – not determined before date on which suspension of order of constitutional invalidity in respect of those provisions ended – s 60(2)(a) of Spatial Planning and Land Use Management Act 16 of 2013 – whether application pending before development tribunal on 1 July 2015.
Media Summary
03 Dec
173 Dumisani Dlamini v The State (72/18) [2018] ZASCA 173 (30 November 2018)
Criminal Law - Appeal from the decision of the High Court dismissing a petition in terms of s 309C of the Criminal Procedure Act 51 of 1977 – whether appellant has reasonable prospect of success in the contemplated appeal against conviction - no reasonable prospect showed- appeal dismissed.
30 Nov
172 Makhanya v Minister of Water Affairs & others (796/2017) [2018] ZASCA 172 (30 November 2018)
Administrative Law – s 8 of Promotion of Administrative Justice Act 3 of 2000 (PAJA) read with s 172(1) of the Constitution – court’s powers to declare law or conduct inconsistent with the Constitution invalid to the extent of its inconsistency and to make any order that is just and equitable – order – suspension of declaration of invalidity of decision to initiate a disciplinary hearing against applicant not a just and equitable remedy in the circumstances – Applicant precluded from performing his duties as CEO of Umhlatuze Water pending decision of a properly constituted Board
30 Nov
171 Khan NO & another v Maxprop Holdings (Pty) Ltd & another (084/2018) ZASCA 171 (30 November 2018)
Civil procedure – refusal of amendment of particulars of claim – not disclosing cause of action – no sufficient particularity to bring claim within ambit of s 26(1) of Insolvency Act 24 of 1936 – amendment correctly refused – appellant to be granted leave to amend as a matter of course – not shown that the pleading cannot be amended – appeal against dismissal of claim upheld.
30 Nov
170 Freedom Stationery & others v Hassam & others (921/2017) [2018] ZASCA 170 (30 November 2018)
Practice – judgments and orders – uniform rule 42(1)(a) – order to which a party is procedurally entitled not erroneously made in the absence of an affected party – a party that reconciles itself with a reasonable prospect that relief may be granted not entitled to rescission under rule 42(1)(a).
Company law – wide powers of a court under s 252 of the Companies Act 61 of 1973 – court not limited to relief formulated by applicant.
Media Summary
30 Nov
169 Minister of Home Affairs v Ali (1289/17) [2018] ZASCA 169 (30 November 2018)
Citizenship Amendment Act 17 of 2010 (the Act) – Interpretation of s 4(3) of the Act – section does not have a retrospective effect – respondents satisfy the requirements of citizenship by naturalisation – failure of the Minister to promulgate regulations for applications for citizenship in terms of s 23 of the Act – the order of the high court directing the Minister to accept applications on affidavits does not encroach upon the doctrine of separation of powers.
Media Summary
30 Nov
168 Dark Fibre Africa v City of Cape Town (195/2018) [2018] ZASCA 168 (30 November 2018)
Section 22(1) of the Electronic Communications Act confers the power on a licensee under the Act to enter upon land and construct telecommunications networks for the benefit of the public. A licensee is, however, required to meet other requirements laid down by an owner of land, or a municipality in terms of bylaws or other regulatory laws. The right of a licensee is not unlimited and must be exercised having regard to all applicable laws.
Media Summary
30 Nov
167 Swifambo Rail Leasing v PRASA (1030/2017) [2018] ZASCA 167 (30 November 2018)
An award of a tender vitiated by irregularities, corruption and ‘fronting’ within the meaning of the Broad-Based Black Economic Empowerment Act 53 of 2003 set aside: delay in instituting review proceedings reasonable in the circumstances, and condonation would be granted if it was unreasonable.
Media Summary
30 Nov
166 Government of the Western Cape: Department of Social Development v Barley & others (1220/2017) [2018] ZASCA 166 (30 November 2018)
Civil Procedure – separation of issues in terms of Uniform Rule 33(4) – principles restated – repeated warnings against impulsive separation of issues – issues to be separated have to be carefully and clearly circumscribed – no court order of separation – procedure improper.
Delict – damages claim by a secondary victim for psychological harm suffered – Provincial Government owed no legal duty to secondary victim – nothing in the statutory framework indicating intention to provide for delictual damages – no negligence proved.
Media Summary
30 Nov
165 Elan Bouvevard (Pty) Ltd v Fnyn Investments (Pty) Ltd & Others (228/2018) [2018] ZASCA 165 (29 November 2018)
Private International Law -enforcement and recognition of a foreign judgment -whether judgment final and conclusive -whether enforcement of judgment precluded by Protection of Businesses Act No 99 of 1978.
Media Summary
29 Nov
164 Leonard Thandlibufile Ntuili v The State, (457/2018) [2018] ZASCA 164 (29 November 2018)
Criminal Procedure – sentence – failure to warn an accused person of the applicability of the Criminal Law Amendment Act – failure not resulting in unfair trial – leave to appeal to high court against sentence imposed by regional court refused.
29 Nov
163 Louis Pasteur Holdings (Pty) Ltd & others v Absa Bank Limited & others (1119/2017 & 1120/2017) [2018] ZASCA 163 (29 November 2018)
Companies Act 71 of 2008 – ss 134(3) and 136 – business rescue –cession to creditor by debtor of rental income as security – absence of consent by creditor for use of rental income by business rescue practitioner – rental income insufficient to fully and promptly discharge indebtedness – use precluded – no prospect of successful business rescue – final liquidation of companies.
Media Summary
29 Nov
162 Molefe v The State (676/18) [2018] ZASCA 162 (28 November 2018)
Sentence – order fixing non parole period in respect of offences committed before s 276B of the Criminal Procedure Act of 1977 came into operation is a misdirection.
28 Nov
161 Khumalo v The State (1262/2017) ZASCA 161 (28 November 2018)
Criminal law and procedure – conviction – unlawful possession a firearm – appeal against conviction – leave to appeal refused by trial court – petition in terms of s 309C of the Criminal Procedure Act 51 of 1977 – evidence establishing that firearm was a semi-automatic – no prospects of success in contemplated appeal against conviction.
28 Nov
160 Tembu Convenience Centre CC v City of Johannesburg (270/2018) [2018] ZASCA 160 (28 November 2018)
Roads – Local Government Ordinance 17 of 1939 (T) – creation of dedicated bus lane separated by median island and physical barriers – prior to creation, broken barrier line permitted vehicles to cross median line – such no longer possible – dedicated bus lane and attendant works not amounting to permanent closure of part of street within the meaning of s 67 – such constituting permanent closure of part of street for particular classes of traffic within the meaning of s 66.
Media Summary
28 Nov
159 Tavakoli v Bantry Hills (1251/2018) [2018] ZASCA 159 (28 November 2018)
Town planning – item 40(c) of Development Management Scheme constituting Schedule 3 to the City of Cape Town’s Municipal Planning By-law of 2015 – whether appellants had standing to complain of non-compliance – appellants failing to establish membership of class for whose benefit item 40(c) enacted – appellants also failing to establish harm caused by non-compliance – court a quo correctly found appellants lacked locus standi – appeal dismissed.
Media Summary
28 Nov
158 Community of Grootkraal v Kobot Business Trust (1219/2017) [2018] ZASCA 158 (28 November 2018)
Public servitude of user for religious, school and related community activities – acquisition – immemorial user (vetustas) – principles – evidence – terms of order – ministerial consent in terms of s 6A(1) of the Subdivision of Agricultural Land Act 70 of 1970.
Media Summary
28 Nov
157* Reno Moyo v The State (848/18) [2018] ZASCA 157 (23 November 2018)
Appeal from decision of the High Court dismissing a petition in terms of s 309C of the Criminal Procedure Act 51 of 1977 – where the High Court refuses leave to appeal against an order of a Magistrate, appeal against such refusal lies to the Supreme Court of Appeal.
(23 Nov
156 CTP JV and another v The Director-General Department of Basic Education and another (447/2018) [2018] ZASCA 156 (20 November 2018)
Procurement process – Irregularities – Failure to treat bidders equally – Implementation of consensus seeking approach unreasonable – Differential treatment of bidders tainted process and rendered evaluation procedurally unfair.
Media Summary
20 Nov
155 Milnerton Estates Ltd v CSARS (1159/2017) [2018] ZASCA 155 (20 November 2018)
Income Tax – purchase price of erven in a township sold by developer – sales occurring in one tax year and all suspensive conditions fulfilled in that year – transfer registered and purchase price received in following year – whether purchase price deemed to have accrued in year that sale agreements concluded – s 24(1) of Income Tax Act 58 of 1962 – stare decisis.
Media Summary
20 Nov
154 Fischer v Ubomi Ushishi Trading & others (1085/2017) [2018] ZASCA 154 (19 November 2018)
Deeds Registries Act 47 of 1937 (the Act) – transfer of immovable property formerly an asset in joint estate of spouses married in community of property – whether ownership of half share in immovable property vests immediately in spouse upon granting of divorce order or through transfer by way of endorsement under the Act – whether spouse acquires personal right to claim transfer by virtue of divorce order.
Media Summary
19 Nov
153 Sasol Oil v CSARS (923/2017) [2018] ZASCA 153 (9 November 2018)
Contracts for the sale of crude oil by one entity within the Sasol Group, to another, and the back to back sale of the same oil to yet another entity in the group, were not simulated in order to avoid a liability to pay tax; nor were they entered into solely for the purpose of avoiding the payment of tax for the purpose of s 103(1) of the Income Tax Act 58 of 1962.
Media Summary
09 Nov
152 Gwababa v The State (1290/2016) [2018] ZASCA 152 (08 November 2018)
Criminal law - refusal of leave to appeal by Supreme Court of Appeal - reconsideration of decision of two judges of the court refusing leave to appeal in terms of s 17(2)(f) of the Superior Courts Act 10 of 2013 - principles in relation to application of the doctrine of common purpose to be considered - reasonable prospect of success that another court may arrive at a different conclusion.
08 Nov
151 RAF v Kerridge (1024/2017) [2018] ZASCA 151 (01 November 2018)
Damages – bodily injuries – loss of income and income earning capacity must be proved – where loss is established the court must use available evidence to determine quantum of loss – determination by trial court of quantum based on undisputed factual findings may not be set aside on appeal, unless the trial court is clearly wrong. Trial court clearly wrong in relying on salary scales that were not compatible with the evidence and failing to take into account the claimant’s age and pre-morbid career – post morbid contingencies increased to 35%.
Media Summary
01 Nov
150 A B v Pridwin Preparatory School (1134/2017) [2018] ZASCA 150 (01 November 2018)
Contract – Termination of parent contracts between independent school and parents – whether parents entitled to hearing – whether school has a duty to act reasonably – whether s 28(2) and s 29(1) of the Constitution applies – whether reciprocal termination clauses in contracts contrary to public policy.
Media Summary
01 Nov
149* Botha v The State (1074/2017) ZASCA 149 (01 November 2018)
Criminal Law and procedure – unlawfulness – stab wound with a steak knife to upper chest area of the deceased penetrating chest through the muscles, lung and brachiocephalic vein – conviction of murder in the form of dolus eventualis set aside and substituted with culpable homicide. Sentence – 12 years’ imprisonment for murder set aside and replaced with a sentence of three years’ imprisonment for culpable homicide in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977.
01 Nov
148 Kekana v The State (37/2018) [2018] ZASCA 148 (31 October 2018)
Criminal law and Procedure – appeal against sentence – premeditated murder – appellant pleaded guilty in terms of s 51(2) of the Criminal Law Amendment Act 105 of 1997 – even a few minutes enough to constitute premeditation – court exercising its power in terms of s 322(6) of the Criminal Procedure Act 51 of 1977 – court retains its inherent power and therefore entitled to consider life imprisonment in terms of s 51(1) as a sentencing option – appeal dismissed – appellant sentenced to life imprisonment on each of the murder counts.
Media Summary
31 Oct
146 Gesiena Maria Botha N.O. & another v The National Director of Public Prosecutions (920/2017) [2018] ZASCA 146 (11 October 2018)
Prevention of Organised Crime Act 121 of 1998 – Forfeiture proceedings in terms of ss 48 and 50 of the Act – Renovations of property and donation of shares constitute proceeds of unlawful activity – Proportionality enquiry – forfeiture order against entire property disproportionate – Objective of forfeiture restated – Not punishment but removal of incentives of crime.
11 Oct
145 Silatsha v The Minister of Correctional Services (1040/2017) [2018] ZASCA 145 (02 October 2018)
Delict – claim for unlawful and wrongful detention – separated issue not dispositive of the matter – defence raised to be considered together with the rest of the issues – appeal upheld.
02 Oct
144 Umfolozi Sugar Planters Limited v Isimangaliso Wetland Park Authority (873/2017) [2018] ZASCA 144 (1 October 2018)
Environmental law – publication of management plan – rendering relief sought moot.
Media Summary
01 Oct
143 Du Bruyn NO & others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018)
National Credit Act 34 of 2005 - under what circumstances is a credit provider obliged to register – where the credit agreement exceeds the threshold set out in s 42(1) - irrespective of whether it is a single transaction - irrespective of whether the credit provider is a regular participant in the credit industry.
Media Summary
28 Sep
142 Propell Specialised Finance v Attorneys Insurance Indemnity Fund NPC (1147/2017) [2018] ZASCA 142 (28 September 2018)
Insurance contract – whether indemnification rights under the Policy providing cover for a specific class of professionals, is cedable – agreement to cede rights under the Policy without the consent of the insurer is invalid ─ the nature of contractual relationship between the parties involves a delectus personae and the adverse effect the cession will have on the insurer.
Media Summary
28 Sep
141 Magqeya v MEC for Health, Eastern Cape (699/17) [2018] ZASCA 141 (1 October 2018)
Delict – medical negligence – child suffering cerebral palsy as a result of acute profound hypoxic ischaemic event during labour – inadequate monitoring creating situation of risk to the foetus – hypoxia developing thereafter and catastrophic event ensued – delictual liability established on the facts – falsification of medical records strongly deprecated.
01 Oct
140 Centre for Child Law & others v Media 24 Limited & others (871/17) [2018] ZASCA 140 (28 September 2018)
Section 154(3) of the Criminal Procedure Act 51 of 1977 – declaration of constitutional invalidity because of a failure to protect the anonymity of children as victims of crime at criminal proceedings.
Media Summary
28 Sep
139 Famanda v State (930/2017) [2018] ZASCA 139 (28 September 2018)
Appeal against refusal of petition for leave to appeal against sentence; trial court did not take into account the amount involved and whether the appellant was a law enforcement officer as defined; reasonable prospects of success on appeal against sentence.
28 Sep
138 Monde v Viljoen NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)
Land - Land reform - Extension of Security of Tenure Act 62 of 1997 (ESTA) - ss 8(1), 9(3) and 10(1)(c) - termination of right of residence - whether occupier lawfully evicted - probation officer’s report prior to eviction order peremptory - termination of appellant’s right of residence unlawful and invalid.
Media Summary
28 Sep
137 Commissioner for the South African Revenue Service v Digicall Solutions (Pty) Ltd (927/2017) [2018] ZASCA 137 (28 September 2018)
Income Tax Act 58 of 1962 – s 103(2) – taxpayer company – successive changes in shareholding in consecutive tax years – sole purpose from time of first change in shareholding to preserve and utilise assessed loss for set-off against future income – assessed loss carried over to next tax year – second acquisition of shares – income thereafter received by taxpayer – income indirect result of first acquisition of shares – set-off of assessed loss against income disallowed.
28 Sep
136 Meyer & others v Big Five Developments (Pty) Ltd (1017/17) [2018] ZASCA 136 (28 September 2018)
Contract – Interpretation of the agreement – whether joint venture agreement includes sale of land or not – whether Alienation of Land Act applicable – authority of trustees – rectification whether claims properly abandoned or not.
28 Sep
135 The Attorneys’ Fidelity Fund v Prevance Capital (Pty) Ltd (917/17) [2018] ZASCA 135 (28 September 2018)
Attorney – theft of money from trust account – whether monies ‘entrusted’ to an attorney as contemplated in terms of s 26(a) of the Attorneys Act 53 of 1979 - Whether instruction simply to invest monies – whether liability of Attorneys Fidelity Fund Control Board excluded by the provisions of s 47(1)(g) of the Attorneys Act.
Media Summary
28 Sep
134 Rossouw v Hanekom (741/2017) [2018] ZASCA 134 (28 September 2018)
Contract – claim for damages – fraudulent misrepresentation and non- disclosure established.
28 Sep
133 Khoza & another v The State (1267/2017) [2018] ZASCA 133 (28 September 2018)
Criminal Procedure – sentence – appellants not informed of the applicable provisions of the Criminal Law Amendment Act 105 of 1997 at the outset of the trial – right to a fair trial – test for prejudice – reasonable possibility that appellants may have conducted their cases differently had they been so informed – sentence to be imposed afresh without consideration of minimum prescribed sentences.
Media Summary
28 Sep
132 MEC for Health, Western Cape v Qole (928/2017) [2018] ZASCA 132 (28 September 2018)
Delict – medical negligence – onus on plaintiff to prove damage causing event – reverse reasoning impermissible - inference of negligence may only be drawn where a negligent event is the most plausible inference.
Expert evidence – expert opinion must be logical - probative value of expert opinion evidence depends on reasons furnished therefor.
28 Sep
131 Grimbeek v Jakobo (922/2017) [2018] ZASCA 131 (27 September 2018)
Prescription Act 68 of 1969 – s 12(3) – professional negligence – attorney failing to lodge claim timeously – necessity for plaintiff to make reasonable enquiries – particular circumstances of plaintiff – inaction not unreasonable – special plea of prescription dismissed.
27 Sep
130 Sooklal v Thales SA (Pty) Ltd (866/2017) [2018] ZASCA 130 (27 September 2018)
Arbitration award made order of court purportedly in terms of s 31 of the Arbitration Act 42 of 1965 – award denying attorney’s claim for fees in execution of a mandate and ordering him to pay costs of the arbitration – opposition to the award being made an order of court based on facts not raised before arbitrator or appeal tribunal – alleged unlawful conduct on the part of client unconnected to the mandate and its execution – award not tainted by untested allegations.
27 Sep
129 The Minister of Social Development of the Republic of South Africa & others v Net1 Applied Technologies South Africa (Pty) Ltd & others; The Black Sash Trust & others v The CEO: The South African Social Security Agency & others (825/2017 & 752/2017) [2018] ZASCA 129 (27 September 2018)
Applications for leave to appeal – consideration of regulations in terms of the Social Assistance Act 13 of 2004 – whether regulations prohibit electronic debit deductions from bank accounts of social grant beneficiaries – whether, in light of new payment regime, decision will have any practical effect – in any event no reasonable prospects of success.
27 Sep
128 Commissioner, South African Revenue Service v Pieters and others (1026/17) [2018] ZASCA 128 (27 September 2018)
Income Tax – employees’ tax (PAYE) – contracts of employees terminated in terms of s 38(9)(b) of Insolvency Act 24 of 1936 – awards to employees not subject to PAYE in terms of paragraph 2(1)(a) of Fourth Schedule to the Income Tax Act 58 of 1962.
27 Sep
127 Ngobeni v The State (1041/2017) ZASCA 127 (27 September 2018)
Criminal Law and procedure – appeal against conviction and sentence for murder read with the provisions of Criminal Law Amendment Act 105 of 1997 – appeal against conviction dismissed – appeal against sentence upheld – irregularity committed by the trial court during application for leave to appeal.
27 Sep
126 Sentinel Retirement Fund v Masoanganye (1003/2017) [2018] ZASCA 126 (27 September 2018)
Payment of a pension benefit to a curator bonis appointed in terms of restraint order issued under the Prevention of Organised Crime Act 121 of 1998 – whether precluded by s 37A(1) of Pension Funds Act 24 of 1956.
27 Sep
125 Gumbi v The State (414/2017) [2018] ZASCA 125 (26 September 2018)
Criminal Procedure Act 51 of 1977 – incapacity of judge after evidence but before judgment – trial must start de novo – requirements – s 215 read with s 214 – contemplates a witness-by-witness approach – not receipt of record of previous proceedings.
Media Summary
26 Sep
124 Four Wheel Drive CC v Leshni Rattan NO (1048/17) [2018] ZASCA 124 (26 September 2018)
Locus standi in judicio – appellant claimed that it bore the risk of damage to a courtesy vehicle damaged when user fatally shot by assailants – locus standi to sue for cost of repairs not established – alleged lease between appellant and user not proved – appeal dismissed – judgment must be confined to issues raised by the parties – court should not decide issues irrelevant to outcome of the case.
Media Summary
26 Sep
123 Nieuco Properties 1005 & another v Trustees for the Inkululeko Community Trust & others (872/2017) [2018] ZASCA 123 (21 September 2018)
Fire – National Veld and Forest Fire Act 101 of 1998 – interpretation of definition of ‘owner’.
Media Summary
21 Sep
122 Buffalo City v Nurcha Development Finance (378/2017) [2018] ZASCA 122 (21 September 2018)
Unequivocal conduct on the part of Buffalo City in accepting a payment instruction, entering into a construction contract with a contractor after acknowledging the instruction, and making payment in terms of the instruction led to the inference that on a balance of probabilities, the City and the party issuing the instruction had concluded a tacit contract.
Media Summary
21 Sep
121 Bhola & others v The State (800/18; 123/2018; and 346/18) [2018] ZASCA 121 (21 September 2018)
Criminal Procedure: sentence: offence of attempted robbery with aggravating circumstances falls within sentencing regime specified in Criminal Law Amendment Act 105 of 1997: trial court’s application of provisions of Criminal Law Amendment Act 105 of 1997 to attempted robbery with aggravating circumstances constitutes a misdirection: sentence imposed by trial court set aside: sentencing determined afresh.
21 Sep
120 Maphanga v The State (607/2017) [2018] ZASCA 120 (20 September 2018)
Reconsideration of application for special leave to appeal – section 17(2)(f) of the Superior Courts Act 10 of 2013 – exceptional circumstances not shown.
20 Sep
119 Nederburg Wines (Pty) Ltd v Nero & others (1084/17)[2018] ZASCA 119 (20 September 2018)
Land – eviction under Extension of Security of Tenure Act 62 of 1997 – appeal against order in unopposed application – application dismissed without benefit of probation officer’s report – such report mandatory and valuable – execution of eviction order suspended – municipality ordered to provide temporary emergency accommodation.
Media Summary
20 Sep
118 Life Healthcare Group (Pty) Ltd v Dr Suliman (529/17) [2018] ZASCA 118 (20 September 2018)
Medical negligence – factual causation – ‘but for’ test – correct question to be asked whether it is more probable than not that the outcome would have followed – elements of liability – wrongfulness – breach of legal duty and negligence – expert evidence – evaluation of medical expert opinion – to what extent opinion founded on logical reasoning and not scientific validity thereof.
Media Summary
20 Sep
117 Special Pensions Appeal Board and another v Masemola (1171/17) [2018] ZASCA 117 (20 September 2018)
Special Pensions Act 69 of 1996 (the Act) – person in receipt of special pension disqualified in terms of s 1(8) read with s 1(9) the Act if that person was convicted after 30 April 1994 of an offence mentioned in Schedule 1 of the Criminal Procedure Act 51 of 1977 – respondent so convicted – whether entitled to reinstatement of special pension due to Presidential Pardon – lapsing of part of the Special Pensions Act – principle of legality – no statutory provision for reinstatement of special pension – disqualifying provision not to be subverted – Presidential Pardon not having effect contended for.
Media Summary
20 Sep
116 CSARS v Volkswagen S A (Pty) Ltd (1028/2017) [2018] ZASCA 116 (19 September 2018)
Income tax – valuation of stock at year end – s 22(1)(a) of Income Tax Act 58 of 1962 – whether stock to be valued in accordance with International Accounting Standard 2 (IAS 2 or AC 108) at net realisable value.
Media Summary
19 Sep
115 CSARS v Amawele Joint Venture CC (908/2017) [2018] ZASCA 115 (19 September 2018)
VAT – zero rating of supplies of services in terms of s 11(2)(s), read with s 8(23) of the Value-Added Tax Act 89 of 1991 – whether supplies made in terms of the Housing Subsidy Scheme referred to in s 8(23).
Media Summary
19 Sep
114 Maleka v The State (1209/2017) ZASCA 114 (18 September 2018)
Criminal law and procedure – sentence – appellant convicted on 29 counts of theft and sentenced to 15 years’ imprisonment – appeal against sentence – leave to appeal refused by trial court – petition in terms of s 309 of the Criminal Procedure Act refused by the high court – special leave to appeal against the refusal of that petition.
18 Sep
113 Ewan Ronald Simmonds N O v Granville Essafrau & others (934/2017) [2018] ZASCA 113 (14 September 2018)
Motion proceedings – vindication of shares – no common cause facts to establish ownership – appeal dismissed.
14 Sep
112 Minister of Safety and Security & another v Marius Schuster & another (114/2018) [2018] ZASCA 112 (13 September 2018)
Arrest and detention – whether warrants of arrest obtained – whether further detention after court appearance lawful – appeal upheld – costs – appeal decided on the facts – general rule applies.
13 Sep
111 Jiyane v The State (943/2017) [2018] ZASCA 111 (13 September 2018)
Criminal law and procedure - appellant incorrectly convicted on a charge of robbery and sentenced to three years’ imprisonment - appeal against sentence and conviction upheld and set aside - appellant found guilty of assault with intent to do grievous bodily harm - sentenced to three years imprisonment wholly suspended for five years on certain condition.
13 Sep
110 Matoto v Free State Gambling and Liquor Authority and others (987/2017) [2018] ZASCA 110 (12 September 2018)
Promotion of Administrative Justice Act 3 of 2000 (PAJA) – whether in the interests of justice for the 180 days envisaged in s 7(1) to be extended in terms of s 9 – nature of discretion to be exercised – whilst prospects of success may be an important consideration they are by no means decisive.
Media Summary
12 Sep
109 CSARS v Respublica (Pty) Ltd (1025/2017) [2018] ZASCA 109 (12 September 2018)
Value-Added Tax Act 89 of 1991 – whether the supply of a building and related goods and services to an educational institution for use by its students under a written agreement amounts to the supply of ‘commercial accommodation’ as defined in section 1.
Media Summary
12 Sep
108 Truworths Ltd v Primark Holdings (989/2017) 2018 ZASCA 108 (5 September 2018)
Trade mark – expungement from the register in terms of ss 27(1)(a) and (b) of the Trade Marks Act 194 of 1993 – s 27(5) of Act – protection from expungement where mark is a well-known mark in terms of s 35(1) of Act – requirements for proof that mark is a well-known mark – whether there had been bona fide use of mark in South Africa.
Media Summary
05 Sep
107 Shiburi v The State (205/2017) [2018] ZASCA 107 (29 August 2018)
Criminal Procedure – section 112(1)(b) of the Criminal Procedure Act 51 of 1977 – Nature, ambit and purpose of the section explained – proper approach to questioning in terms thereof – section must be considered as part of the constitutional right to a fair trial – when a plea of guilty should be altered to one of not guilty. Rape – sufficiency of evidence – proper approach to the evaluation of evidence restated.
Media Summary
29 Aug
106 Scholtz & others v The State (428/17, 491/17, 635/17, 636/17) [2018] ZASCA 106 (21 August 2018)
Corruption under ss 3 and 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 – what constitutes – offence committed even if gratification paid after the event. Sentence to be imposed in respect of offence of corruption – factors relevant thereto – little weight to be afforded to compensatory order.
Media Summary
(21 Aug
105 DG: Department of Rural Development and Land Reform & another v Mwelase & others and Mwelase & others v DG: Department of Rural Development & Land Reform & another (306/17 & 314/17) [2018] ZASCA 105 (17 August 2018)
Land Reform (Labour Tenants) Act 3 of 1996 – appointment of special master by Land Claims Court – performing duties of Director-General to prepare implementation plan for labour tenant claims, including the determination of skills, infrastructure and budget required – violation of separation of powers rule – contempt of court – alleged disobedience of order by Minister – non-compliance neither wilful nor mala fide.
17 Aug
104 Ludidi v Ludidi & others (658/2017) [2018] ZASCA 104 (23 July 2018)
Customary law – recognition of a traditional leader – regulated by the Traditional Leadership and Governance Framework Act 41 of 2003 read with provincial legislation, in this instance the Traditional Leadership and Governance Act, 2005 (Eastern Cape) (Act 4 of 2005) – right to identify the traditional leader vests solely in the royal family – Premier’s failure to comply with s 18(2) of the provincial legislation does not render the recognition process a nullity.
Media Summary
23 Jul
103 Jiba & another v The General Council of the Bar of South Africa and Mrwebi v The General Council of the Bar of South Africa (141/17 and 180/17) [2018] ZASCA 103 (10 July 2018)
Advocate – misconduct – whether fit and proper person to practise as an advocate – appellants not advocates in private practice – employed by the National Prosecuting Authority – alleged to be not fit and proper persons to remain on the roll of advocates while acting as litigants – found not to have benefitted – appeal upheld.
Media Summary
10 Jul
102 Friedshelf 325 (Pty) Ltd & another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2018)
Land reform – labour tenant – person who has a right to reside on a farm under the Land Reform (Labour Tenants) Act 3 of 1996 – ‘farm’ defined as a portion of land under the Subdivision of Agricultural Land Act 70 of 1970 – subject land in area of jurisdiction of a municipality – not agricultural land – respondent not a labour tenant but an ‘occupier’ as defined in the Extension of Security of Tenure Act 62 of 1997– appeal upheld.
05 Jul
101 The Commissioner for the South African Revenue Service v The South African Breweries (Pty) Ltd (442/2017) [2018] ZASCA 101 (27 June 2018)
Revenue – Section 47 of the Customs and Excise Act 91 of 1964 – Classification of products for determination of excise duty rate – General Rules of Interpretation restated – classification of goods primarily on explanatory notes incorrect – appeal dismissed.
27 Jun
100 Moyo v The Minister of Justice and Constitutional Development & others (387/2017); Sonti v The Minister of Justice and Correctional Services & others (386/2017); [2018] ZASCA 100 (20 June 2018)
Constitutional law – constitutionality of s 1(2) of the Intimidation Act 72 of 1982 – s 1(2) presumes that accused’s actions or utterances are without lawful reason if such reason not advanced prior to close of prosecution case – whether presumption reverses the onus of proof or is merely evidential – s 35 of Constitution – right to a fair trial, to be presumed innocent and to remain silent.
Majority – presumption evidential – places pressure on the accused to disclose content of defence prematurely – infringes the right to a fair trial and the right to remain silent – no justification for limitation of rights in terms of s 36 of Constitution – section 1(2) unconstitutional and invalid.
Minority – presumption reverses onus of proof requiring the accused to prove the existence of a lawful reason for their acts or utterances – accused can be convicted even though no proof of guilt beyond reasonable doubt – infringes the right to be presumed innocent and the right to remain silent - no justification for limitation of rights – section 1(2) unconstitutional and invalid.
Constitutionality of s 1(1)(b) of Intimidation Act – whether infringes right of freedom of expression as contained in s 16(1) of Constitution - section capable of being interpreted in conformity with Constitution.
Majority – section to be interpreted in light of s 39(2) of Constitution – criminal provision to be construed in favour of the liberty of the citizen – presumption of mens rea in the absence of express provision negating presumption
Section 1(1)(b) to be construed as relating only to conduct that is intimidatory in character – section requires mens rea – conduct or utterances constituting intimidation must induce actual fear in target or inducing such fear would reasonably be the consequence of such conduct or utterances – mere anxiety, nervousness or apprehension not constituting fear within the meaning of the section – conduct that is lawful in terms of the Constitution or statute not unlawful – lawful expression in terms of s 16(1) of Constitution not falling within the section and not constituting intimidation.
Minority – section impermissibly wide – contravenes s 16(1) of Constitution – no justification for limitation of rights – section 1(1)(b) unconstitutional and invalid.
Media Summary
20 Jun
099 Nndwambi v S (168/2018) [2018] ZASCA 99 (14 June 2018)
An extracurial admission made by a co-accused is not admissible against other co-accused. Conviction set aside.
14 Jun
098 Netshimbupfe and another v Mulaudzi and others (563/17) [2018] ZASCA 98 (4 June 2018)
Customary law – s 12(2) of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 – review of the identification of traditional leader – dispute over traditional leadership succession – premier seized with request for recognition – whether appeal is not premature – dispute should be referred to premier – appeal dismissed with costs.
Media Summary
04 Jun
097 Minister of Police and another v Zweni (842/2017) [2018] ZASCA 97 (1 June 2018)
Delictual claim – unlawful arrest and detention – whether detention after lawful arrest but before first court appearance unlawful – whether further detention after first court appearance unlawful.
Media Summary
01 Jun
096 Flanagan v Minister of Safety and Security (497/2017) [2018] ZASCA 96 (1 June 2018)
Delict : liability of the Minister of Safety and Security: appellant sodomised while in police custody for drunken driving and related charges: appellant entitled to be released on bail in terms of section 59(1) of the Criminal Procedure Act 51 of 1977: failure to grant bail in the circumstances, cumulatively considered with the failure of the police to detain the appellant separately from persons who had been arrested for violent crimes, gives rise to delictual liability on the part of the Minister for the police’s conduct.
Media Summary
01 Jun
095 Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation & others (857/2017) [2018] ZASCA 95 (1 June 2018)
Company in liquidation – issue of subpoenas by Master – set aside.
Media Summary
01 Jun
094 Road Accident Fund v Masindi (586/2017) [2018] ZASCA 94 (1 June 2018)
Road Accident Fund Act 56 of 1996 as amended by the Road Accident Fund Amendment Act 19 of 2005 – s 23(3) of the RAF Act – statutory interpretation – s 4 of the Interpretation Act 33 of 1957 – regulation 1 under the RAF Act – whether a claim that was due to be served on the last day of the five year prescription period which last day fell on a public holiday had prescribed – application of s 34 and s 39 of the Constitution – consideration of foreign law.
Media Summary
01 Jun
093 Madibeng Local Municipality v Public Investment Corporation Ltd (603/2017) [2018] ZASCA 93 (1 June 2018)
Local government – defence that loans raised by a municipality unenforceable for want of prior written consent of Administrator of province – raising of loans to repay other loans not requiring consent – procedure – rule 38(2) – too late for appellant to object to agreement to determine separate issue on affidavit.
Media Summary
01 Jun
092 Oosthuizen & another v S (144/2018) [2018] ZASCA 92 (1 June 2018)
Bail pending appeal – leave to appeal having been granted does not, per se, entitle a person to be released on bail - there has to be a real prospect that a non-custodial sentence will be imposed – provocation as a defence discussed.
Media Summary
01 Jun
091 Executor of the Estate of the Late Josephine Terblanche Gouws (Charmaine Celliers N.O.) v Magnificent Mile Trading 30 (Pty) Ltd & others (594/17) [2018] ZASCA 91 (1 June 2018)
Mineral and Petroleum Resources Development Act 28 of 2002 – application for conversion of unused old order mineral right to new order prospecting right – effect of death of applicant after application made but before decision taken – setting aside of grant of prospecting right in respect of a property other than property applied for – effect of setting aside is that original application still pending – application for mining right by another party not permissible.
01 Jun
090 Bouttell v RAF (324/2017) [2018] ZASCA 90 (31 May 2018)
Delict - Road Accident Fund - damages – claim for loss of earnings – prior to accident appellant contributed towards a retirement annuity fund – whether voluntary contributions towards such retirement annuity fund can be claimed as loss of earnings.
Media Summary
01 Jun
089 CSARS v Char-Trade (776/2017) ZASCA 89 (31 May 2018)
Assessment issued for secondary tax on companies (STC) – S 64B and 64C of the Income Tax Act – Commencement of prescription – S 99 of the Tax Administration Act Prescription commences to run against CSARS when return for STC is submitted by the taxpayer - Return for STC never submitted by taxpayer – Prescription never commenced to run against CSARS – Assessment confirmed.
01 Jun
088 Naidoo v Discovery Life Limited & others (202/2017) ZASCA 88 (31 May 2018)
Contract law – risk-only policy containing beneficiary clause – stipulatio alteri – such policy cannot be an asset in the estate of the policyholder and of joint estate from marriage in community of property – such a policy not an insurance policy in terms of s 15(2)(c) of the Matrimonial Property Act 88 of 1984.
01 Jun
087 Gongqose & others v Minister of Agriculture, Forestry & Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17) [2018] ZASCA 87 (01 June 2018)
Section 211(3) of the Constitution – customary law – fishing in marine protected area in contravention of Marine Living Resources Act 18 of 1998 (MLRA) – exercise of a customary right of access to and use of marine resources – a defence to unlawfulness – MLRA not legislation dealing specifically with customary law – customary right not extinguished – appeal upheld.
Media Summary
01 Jun
086 The National Director of Public Prosecution (Ex Parte Application), (905/2017) [2018] ZASCA 86 (31 May 2018)
Prevention of Organised Crime Act 121 of 1998 (the POCA) - ex parte application in terms of section 38 for a preservation order in respect of a Toyota Prado station wagon motor vehicle - proceedings in respect of chapter 6 of the POCA constitute civil proceedings – section 38 ex parte application to be set down as provided for in Uniform rule 6 (4)(a).
31 May
085 Standard Bank v July (525/2017) [2018] ZASCA 85 (31 May 2018)
A beneficiary of a deceased estate may, under the Beningfield exception, claim assets from the person in possession where the executor of the estate has died and where the executor had previously sold the assets unlawfully before his death.
31 May
084 Stoltz v Steenkamp (127/17) [2018] ZASCA 84 (31 May 2018)
Contract – purchase and sale – approach to mutually destructive versions restated – purchase price not proved
31 May
083*

Moor v Tongaat-Hulett Pension Fund (518/17) [2018] ZASCA 83 (31 May 2018)
Pension Funds Act – allocation and distribution of actuarial surplus – proper interpretation of section 15C – amended rules of pension fund to effect decision to allocate surplus not contrary to section 15C(1) – no proof of alleged bias on part of board of pension fund – Biowatch principle not applicable in respect of costs in cases of private interest litigation.

Media Summary

31 May
082 Louis Pasteur Hospital Holdings (Pty) Ltd v Bonitas Medical Fund (281/2017) [2018] ZASCA 82 (31 May 2018)
Cession – whether in securitatem debiti or out-and-out cession – in circumstances of case punitive costs order justified.
Media Summary
31 May
081 CSARS v KWJ Investment (142/2017) [2018] ZASCA 81 (31 May 2018)
Gross income – whether a cession of a dividend right constitutes a receipt or accrual for the purposes of gross income – if so, does a practice generally prevailing in terms of provision (iii) to s 79 (1) of the Income Tax Act 58 of 1962 apply.
Media Summary
31 May
080 De Villiers v GJN Trust (756/2017) [2018] ZASCA 80 (31 May 2018)
Practice – order avoiding the dissolution of a company in terms of s 420 of the Companies Act 61 of 1973 – order granted in the absence of the appellants – whether the appellants were affected parties within the meaning of rule 42(1)(a) – ambit of s 420 and effect of order thereunder – appellants not affected parties and had no locus standi to challenge section 420 order.
Media Summary
31 May
079 The President of the RSA v DA & others (664/17) [2018] ZASCA 79 (31 May 2018)
Section 16(2)(a)(i) Superior Courts Act 10 of 2013 – Appeal against an interlocutory order in a review application – review application withdrawn – judgment would have no practical effect or result – Appeal found moot and dismissed.
31 May
078 Magnum Simplex v The MEC Provincial Treasury (556/17) [2018] ZASCA 78 (31 May 2018)
Application to amend counterclaim in terms of Rule 28(1) of the Uniform Rules – claims for damages and not specific performance – amendment of counterclaim did not introduce a new cause of action – no prejudice.
31 May
077 City of Tshwane Metropolitan Municipality v Lombardy Development (Pty) Ltd & others (724/2017) [2018] ZASCA 77 (31 May 2018)
Local Government: Municipal Property Rates Act 6 of 2004 – failure by Municipality to comply with s 49 in compiling supplementary valuation roll – such roll invalid – subsequent valuation rolls relying on re-categorisation of properties in earlier invalid supplementary roll also invalid to the extent of such reliance.
31 May
076 Ekurhuleni Metropolitan Municipality & others v Thupetji Alexander Thubakgale & 134 others (125/2018) [2018] ZASCA 76 (31 May 2018)
Municipality – right to housing – dates fixed by court for delivery of houses incapable of fulfilment.
31 May
075 Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)
Interpretation – s 12(3) of the Prescription Act 68 of 1969 – whether knowledge of a duty of care constitutes a factual or legal conclusion – whether acceptance of offer by a claimant with hindsight and new information constitute facts from which the debt arose – appeal dismissed.
31 May
074 Mogale City Local Municipality v Black Tad Investments CC (889/17) [2018] ZASCA 74 (31 May 2018)
Eviction – whether the municipality owed alleged unlawful occupiers on privately owned land statutory and constitutional obligation to provide temporary emergency accommodation – question answered positively – court found that municipality failed to comply with such obligation.
31 May
073 ST v CT (1224/16) [2018] ZASCA 73 (30 May 2018)
Divorce – waiver of right to claim maintenance upon dissolution of marriage in antenuptial agreement invalid and unenforceable – accrual – party required to make disclosure of assets in terms of section 7 of Matrimonial Property Act 88 of 1984 must establish proper compliance – party who avers assets excluded from estate for accrual calculation bears burden of proof to establish exclusion and also the nexus between excluded assets and current assets – living annuity not forming part of party’s estate for purposes of accrual calculation.
Media Summary
30 May
072 WDR Earthmoving Enterprises & another v The Joe Gqabi District Municipality & others (392/2017) [2018] ZASCA 72 (30 May 2018)
Municipal Supply Chain Management Regulations – regulation 21(d) – obligation on tenderer to submit three years of audited annual financial statements – tenderers declaring legally obliged to do so – failure by tenderers to comply – peremptory statutory requirement – tenders including a competing one declared non-responsive in accordance with tender conditions.
Media Summary
30 May
071 SARS v Encarnacao N.O. (543/2017) [2018] ZASCA 71 (29 May 2018)
Rebate item 412.09 in Schedule 4/Part 1 of the Customs and Excise Act 91 of 1964 – what occurrences fall within vis major – the meaning of ‘such goods did not enter into consumption’.
Media Summary
29 May
070 Louw & others v Davids & others (783/2017) [2018] ZASCA 70 (29 May 2018)
Breach of contract – agreement to sell members’ interests in close corporation – whether cancellation justified when large proportion of purchase price paid and restitution unlikely – cancellation not justified.
29 May
069 Premier Attraction 300 CC t/a Premier Security v City Of Cape Town, (592/2017) [2018] ZASCA 69 (29 May 2018)
Contract – interpretation – application to recover claims for security services – appellant electing to abide – invoicing on respondent’s calculations of price escalations¬– not communicating objection to alleged short payment – defences of waiver and prescription upheld.
29 May
068 Douglasdale Dairy & others v Bragge & another (731/2017) [2018] ZASCA 68 (25 May 2018)
Rights of fideicommisaries upon death of fiduciary – right of executor of fiduciary’s estate to enforce eviction order granted to fiduciary – scope of res judicata where appeal does not deal with court a quo’s factual findings.
25 May
067 Morris Material Handling Ltd v Morris Material Handling (Pty) Ltd (829/2017) [2018] ZASCA 67 (25 May 2018)
Trade mark – expungement from the register for non-use – s 27(1)(b) of Trade Marks Act 194 of 1993 – whether mark used by proprietor thereof.
25 May
066 CSARS v Daikin Air Conditioning (185/2017) [2018] ZASCA 66 (25 May 2018)
Customs and Excise Act 91 of 1964 – classification of articles for customs duty – correct tariff to be applied in respect of ‘window or wall types, self-contained or “split-system”’ air conditioning machines and parts thereof.
25 May
065 Minister of Defence v Xulu (337/2017) [2018] ZASCA 65 (24 May 2018)
Defence Act 42 of 2002 – soldier enrolled as member of the South African National Defence Force on fixed term contract – contract renewed on three occasions – renewal considered when due to expire but refused – refusal constituting administrative action in terms of Promotion of Administrative Justice Act 3 of 2000 – decision reviewed and set aside – appropriate relief.
Media Summary
24 May
064 Novartis v Cipla Medpro (Pty) Ltd (728/17) [2018] ZASCA 64 (24 May 2018)
Trade mark – application for registration of a mark – opposition by holder of previously registered mark under s 10(14) of Trade Marks Act 194 of 1993 – onus on applicant to show no likelihood of confusion or deception between its mark and mark already registered – likelihood of confusion between the marks CURIDA and CURITAZ.
24 May
063 Zitonix v K201250042 (290/2017) [2018] ZASCA 63 (21 May 2018)
Where a claim for the cancellation of lease agreements, and the eviction of the tenants, is based only on the terms of the agreements, and not on the title of the lessor, the court of the tenants’ domicile, and of the place where the contracts were concluded, has concurrent jurisdiction with that of the forum rei sitae. Ignorance of a term of the leases entitling the lessor to cancel in the event of a surety’s sequestration not a justus error on the facts.
21 May
062 Mostert and Others v Nash and Another (604/2017 and 597/2017) [2018] ZASCA 62 (21 May 2018)
Pension fund – curatorship in terms of s 5(2) of Financial Institutions (Protection of Funds) Act 28 of 2001 – trustee’s remuneration – court order that it be agreed with Executive Office of the Financial Services Board in accordance with the norms of attorneys’ profession – whether fee as a percentage of amounts recovered on behalf of fund in accordance with those norms – whether contrary to public policy or an infringement of Contingency Fees Act 66 of 1997.
Whether conclusion of fee agreement administrative action in terms of PAJA – whether application to set aside fee agreement a review in terms of principle of legality – applicability of delay rule – locus standi of applicants – abuse of process and doctrine of unclean hands.
Media Summary
21 May
061 DPP: Gauteng v Hamisi (895/17) [2018] ZASCA 61 (21 May 2018)
Criminal law - plea of guilty under s 112(2) of the Criminal Procedure Act 51 of 1977 - where all the elements of an offence are admitted in a written plea of guilty an accused may be convicted accordingly on the basis of the plea - respondent admitted having had sexual intercourse with the 12 year old complainant - sentence of life imprisonment improperly set aside by the high court on appeal on the basis of lack of evidence of complainant’s age - appeal by the National Director of Prosecutions on a point of law upheld.
Media Summary
21 May
060* DPP, Free State v Mashune (675/17) [2018] ZASCA 60 (18 May 2018)
Criminal law – appeal by State against sentences for two counts of housebreaking with intent to rape and rape – misdirections by trial court in respect of supposed remorse, youthfulness and absence of physical injury – no substantial and compelling circumstances – heavier sentences than those prescribed justified for two rape convictions.
18 May
059 South African National Parks v MTO Forestry (Pty) Ltd & another (446/2017) [2018] ZASCA 59 (17 May 2018)
Administrative law – whether management framework and totality of relevant evidence including previous public participation concluded in anticipation of implementation of statutory park management plan was proper basis for legitimate expectation – document to be interpreted comprehensively – legitimate expectation established.
Media Summary
17 May
058 Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018)
Where no contractual or other claim lies against a trust, and the creditor alleges that the trust is the alter ego of the debtor, it cannot claim the sequestration of the trust unless it can show that the trust is its debtor and is insolvent. An unliquidated claim for damages cannot found a claim for sequestration and sequestration is not the appropriate remedy for resolving a dispute about a debt.
17 May
057 Rajah v Balduzzi (076/2017) [2018] ZASCA 57 (16 May 2018)
Immovable property purchased by disqualified person in contravention of the Group Areas Act 36 of 1966 – registered owner seeking eviction of testamentary heir of purchaser – defence that registered owner holding property as nominee on behalf of purchaser – such a claim in terms of s 3 of Restitution of Land Rights Act 22 of 1994 – exclusive jurisdiction of Land Claims Court – eviction action stayed in terms of s 19(d) of Superior Courts Act 10 of 2013 pending action before Land Claims Court.
Media Summary
16 May
056 PG Group & others v NERSA (150/2017) [2018] ZASCA 56 (10 May 2018)
Administrative action – whether the determination of a methodology used to regulate gas prices under s 21(1)(p) of the Gas Act 48 of 2001 is administrative action – whether a determination by the regulator under that section which resulted in an increase in permissible maximum gas prices was rational.
Media Summary
10 May
055 Kelbrick & others v Nelson Attorneys & another (307/2017) [2018] ZASCA 55 (16 April 2018)
Prescription : attorney sued for negligence : Prescription begins to run as soon as the creditor acquires knowledge of the facts necessary to institute action: whether knowledge of delay in constructing a sectional title scheme constituted knowledge of facts constituting a complete cause of action.
16 Apr
054

Mostert v Firstrand Bank t/a RMB Private Bank (198/2017) [2018] ZASCA 54 (11 April 2018)
Debtor and creditor – remedying of default in a credit agreement in terms of s 129(3) of the National Credit Act 34 of 2005 – s 129(3) requires payment by or on behalf of the consumer – consumer relied on payments during 2013 and 2015 – not established that 2013 payment settled the arrears – 2015 payments did settle the arrears but were not made by or on behalf of the consumer.
Media Summary

11 Apr
053

Shaw & another v Mackintosh & another (267/17) [2018] ZASCA 53 (29 March 2018)
National Credit Act 34 of 2005 (the NCA) – co-principal debtors – whether transaction is a credit guarantee in terms of s 8(5) of the NCA – whether credit provider required to register in terms of s 40 of the NCA.
Media Summary

29 Mar
052 Glenn Marc Bee v The Road Accident Fund (093/2017) [2018] ZASCA 52 (29 March 2018)
Delict – claim for damage to earning capacity – plaintiff and his brother each owned 50 per cent of close corporation – present case distinguishable from Rudman – plaintiff’s claim permissibly quantified with reference to corporation’s diminished profits.
Delict – collateral source rule – plaintiff’s post-injury earnings, to extent they exceeded a market related salary for his reduced role, the result of benevolence – correctly disregarded.
29 Mar
051

Pietermaritzburg and District Council for the Care of the Aged (PADCA) v Redlands Development Projects (Pty) Ltd (184/17) [2018] ZASCA 51 (29 March 2018)
Actio aquae pluviae arcendae – interdict – stormwater from higher property discharging into municipal stormwater drainage system – combined with water from road and other properties – increasing flow in watercourse on lower property – discharging in accordance with approved plans – discharge lawful – alternative claim based on neighbour law unjustified.
Media Summary

29 Mar
050 Overstrand Municipality v Water and Sanitation Services South Africa (Pty) Ltd (143/2017) [2018] ZASCA 50 (29 March 2018)
Tender evaluation and adjudication : challenges based, inter alia, on s 6(2)(b) of the Promotion of Administrative Justice Act 3 of 2000 : whether acceptable tender in terms of s 7 of the Preferential Procurement Policy Framework Act 5 of 2000 read with applicable regulation : whether regulation dealing with minimum staffing of water works endures despite repeal of a number of statutes regulating the provision of water to the public : savings provisions examined and applied.
Media Summary
29 Mar
049 Road Accident Fund v Abrahams (276/2017) [2018] ZASCA 49 (29 March 2018)
Road Accident Fund Act 56 of 1996 : section 17: whether a driver in a single motor vehicle accident is entitled to claim under the provisions of section 17 of the Road Accident Fund Act.
Media Summary
29 Mar
048 The Director-General, Department of Home Affairs and another v Islam and others (459/2017) [2018] ZASCA 48 (28 March 2018)
Immigration Act 13 of 2002 – foreigner issued with a valid spousal visa subsequently found in possession of a fraudulent visa in breach of s 29(1)(f) of the Act – deemed a prohibited person and not entitled to a port of entry visa or admission into the Republic – high court has no authority to order the Department of Home Affairs to allow him entry into the Republic and to re-issue his spousal visa – such order violates separation of powers – requisites for the grant of an interim interdict against the exercise of statutory powers restated.
28 Mar
047 Thakeli v S (231/2017) [2018] ZASCA 47 (28 March 2018)
Criminal Law: appellants indicted for murder – charge sheet referred to s 51(2) of the Criminal Law Amendment Act 105 of 1997 (the Act) – trial court amended charge sheet, after appellants testified in their defence, by deleting subsection (2), in terms of s 86 of the Criminal Procedure Act 51 of 1977 – no opportunity afforded to appellants to address the court in respect of amendment – appellants convicted and sentenced by the trial court in terms of s 51(1) of the Act – sentence set aside – appellants ultimately sentenced to 15 years' imprisonment in terms of s 51(2) of the Act.
Media Summary
28 Mar
046 Minister of Home Affairs & another v Fireblade Aviation Ltd & others (13/2016) [2018] ZASCA 46 (28 March 2018)
Application for leave to appeal against judgment in High Court in application proceedings – such to be dealt with under s 16(1)(a)(i) of the Superior Courts Act 10 of 2013 (the Act)– the fact that the High Court had granted an enforcement order in terms of s 18(1) of the Act and that order has been upheld by the Full Court in an appeal under s 18(4) does not make the application one for special leave to appeal in terms of s 16(1)(b) of the Act – no reasonable prospects of success on appeal – application for leave to appeal dismissed.
Media Summary
28 Mar
045 De Klerk v Minister of Police (329/17) [2018] ZASCA 45 (28 March 2018)
Delictual claim – Unlawful arrest and detention – what constitutes unlawful arrest – whether the Minister of Police is liable for the further detention after the suspect has been remanded to custody by the court is fact-based – the purpose of arrest is to bring the arrested person to court.
Media Summary
28 Mar
044 The National Consumer Commission v Univision Services Association NPC (618/2017) [2018] ZASCA 44 (28 March 2018)
Complaint to the National Consumer Commission under the Consumer Protection Act 68 of 2008 – complaint referred to the National consumer Tribunal under s 73(2)(b) of that Act – s 147 of the National Credit Act 34 of 2005 precluded the Tribunal from granting a costs order against the Commission on it withdrawing the referral.
Media Summary
28 Mar
043 Dinnermates (Tvl) CC v Piquante Brands International & another (401/17) [2018] ZASCA 43 (28 March 2018)
Trade mark – opposition in terms of s 10(14) of the Trade Marks Act 194 of 1993 – whether mark likely to deceive or confuse – PEPPADEW and PEPPAMATES relating to pepper products.
28 Mar
042 Adv A J du Toit N O obo Ntsikelelo Mafanya v Road Accident Fund (140/2017) [2018] ZASCA 42 (28 March 2018)
Road Accident Fund: liability to claimant settled by agreement: curator ad litem appointed to claimant: application by curator ad litem to set aside agreement of settlement: claimant allegedly lacking mental capacity at the time of the conclusion of the agreement: failure by curator ad litem to discharge onus: appeal dismissed.
Media Summary
28 Mar
041 Tiekiedraai Eiendomme v Shell South Africa Marketing & others (1206/2016) ZASCA 41 (28 March 2018)
Lease agreement –lessee - right of pre-emption – interpretation - lessor obliged to inform lessee of identical terms and conditions in all respects upon which prepared to sell property to third party – failure by lessor to do so – sale agreement with third party invalid - right of pre-emption validly exercised by lessee - appeal dismissed.
28 Mar
040 Director of Public Prosecutions, Grahamstown v Mzukisi Peli (533/2017) [2018] ZASCA 40 (28 March 2018)
Criminal Procedure Act 51 of 1977 - Section 316B - appeal by State – rape of 6 year old boy – sentence imposed of 10 years imprisonment of which 4 years suspended – shockingly and disturbingly lenient – no substantial and compelling circumstances present – sentence of life imprisonment substituted.
28 Mar
039 CSARS v The Executors of Estate Late Sidney Ellerine (142/2017) [2018] ZASCA 39 (28 March 2018)
Eighth Schedule to the Income Tax Act 58 of 1962 – valuation of preference shares for the purposes of determination of a capital gain.
Media Summary
28 Mar
038* CSARS v Danwet (399/2017) [2018] ZASCA 38 (28 March 2018)
Condonation for late filing of an appeal against an assessment – section 104(3) of the Tax Administration Act 28 of 2011 mandates a taxpayer to object to a refusal by SARS to extend the period for lodgment – failure by taxpayer to file an objection.
Media Summary
28 Mar
037* BS v PS (291/2017) [2018] ZASCA 37 (28 March 2018)
Divorce Act 70 of 1979 – s 7(8)(a)(i) – 50 per cent of respondent’s pension interest in Government Employees Pension Fund assigned to appellant – Matrimonial Property Act 88 of 1984 – s 10 – deferral of payment of pension interest – precluded in terms of s 24A of Government Employees Pension Law, 1966.
Media Summary
28 Mar
036 Lion Match Company (Pty) Ltd v Commissioner for the South African Revenue Service (301/2017) [2018] ZASCA 36 (27 March 2018)
Income tax – Tax Administration Act 28 of 2011 – dismissal of an application by taxpayer to set aside rule 31 statement – not appealable.
Media Summary
27 Mar
035 Vincorp (Pty) Ltd v Trust Hungary ZRT (061/2017) [2018] ZASCA 35 (27 March 2018)
Contract – formation of – absence of animus contrahendi – whether pleadings and evidence tendered sufficient to justify reliance on quasi mutual assent.
Media Summary
27 Mar
034 Eastern Cape Parks and Tourism Agency v Medbury (Pty) Ltd (816/2016) [2018] ZASCA 34 (27 March 2018)
Interpretation of s 2 of the Game Theft Act 105 of 1991 (the GTA) : whether ownership of animals which escape from land on which they have been contained is lost in the absence of a certificate provided for in s 2(2)(a) of the GTA stating that land sufficiently enclosed to contain species of game : deeming provision interpreted in context and with regard to legislative purpose : deeming provision not precluding owner in absence of certificate from proving that land sufficiently enclosed to contain species.
Media Summary
27 Mar
033 Fesi v Ndabeni Communal Property Trust (411/2017 & 412/2017) [2018] ZASCA 33 (27 March 2018)
Trust : whether persons elected as trustees of a trust established to administer and develop property received as a result of a land restitution claim properly appointed in terms of the trust deed : whether Master correct in refusing to issue letters of authority : provisions of Trust Property Control Act 57 of 1988 and Master’s supervisory role discussed : discussion of concerns by Master, the responsible Minister and the Land Claims Commissioner, regarding disposal of the trust property and the need to meet constitutional objectives in relation to land restitution : Master, Minister and Land Claims Commissioner commended for being rightly concerned about propriety of election of trustees and disposal of trust property : whether persons elected acted in fiduciary manner : conduct of attorney criticised : importance of land restitution reiterated.
Media Summary
27 Mar
032 Macinezela v The State (550/2017) [2018] ZASCA 32 (26 March 2018)
Criminal Procedure – before a witness testifies in a criminal trial in appropriate circumstances an inquiry must be held into whether he or she understands the nature and import of the oath or affirmation as provided in ss 162(1) and 163 of the Criminal Procedure Act 51 of 1977 – where a witness is found not to understand the nature and import of the oath or affirmation due to intellectual incapacity an inquiry must be held in terms of s 164 of that Act into whether he or she understands the difference between truth and falsehood ─ failure of trial court to hold an inquiry into whether a mentally ill witness understands the difference between truth and falsehood renders the evidence of that witness inadmissible.
Media Summary
26 Mar
031 Automated Office Technology (Pty) Ltd t/a AOT Finance v International Colleges Group (Pty) Ltd (385/2017) [2018] ZASCA 31 (26 March 2018)
Master rental agreement – written cession – interpretation of cession in context – subsequent rental agreements validly ceded.
26 Mar
030 Tete v State (663/2017) [2018] ZASCA 30 (9 April 2018)
Rape – version of the complainant not corroborated – complainant’s evidence riddled with improbabilities – single witness – duty of prosecutors to act with objectivity and to protect public interest.
09 Apr
029 Nkola v Argent Steel (406/2017) [2018] ZASCA 29 (26 March 2018)
A judgment debtor who claims that he has sufficient movable assets to satisfy the debt cannot avert execution against his immovable property unless he makes the movables, including incorporeals, available for execution.
26 Mar
028 Auction Alliance v Wade Park (342/16) [2018] ZASCA 28 (23 March 2018)
Contract – principles of interpretation restated – not sufficient to merely outline well established principles – proper application thereof must be evident from the process of interpretation – appeal upheld.
23 Mar
027 Brompton Court Body Corporate v Khumalo (398/2017) [2018] ZASCA 27 (23 March 2018)
Prescription – an arbitration award generally does not create a new debt for purposes of the Prescription Act 68 of 1969 (the Act) – a claim to make an arbitration award an order of court in terms of s 31 of the Arbitration Act 42 of 1965 is not a ‘debt’ in terms of the Act.
Media Summary
23 Mar
026 Stu Davidson v Eastern Cape Motors (260/2017) [2018] ZASCA 26 (23 March 2018)
Damages for breach of warranty – ‘substantial/major’ accident affecting resale of motor vehicle. Terms of warranty clear.
Special leave – test for – requires something more than reasonable prospects of success on appeal. Ultimately court hearing appeal decides whether special circumstances exist. No special circumstances found – appeal struck from the roll with costs.
23 Mar
025 BMW Financial Services (SA) (Pty) Ltd v Tabata (445/2017) [2018] ZASCA 25 (23 March 2018)
Estoppel – surety seeking release from suretyship told that no suretyship had been executed – accepting information and acting on it – creditor estopped from relying on suretyship – factual appeal.
Media Summary
23 Mar
024 Loggenberg N O & others v Maree (286/2017) [2018] ZASCA 24 (23 March 2018)
Practice – pleadings – exception – non-compliance with s 2(1) of the Alienation of Land Act 68 of 1981 – alleged sale of land not reduced to writing – appellants orally agreed with respondent that he purchase a farm for the benefit of a trust to be formed and that trust would be entitled to transfer of the farm upon reimbursement of respondent’s costs – trustees seeking to enforce oral agreement – vagueness – agreement not a contract of sale – not invalid in terms of s 2(1) of Act 68 of 1981 – appellants’ pleadings disclosing a cause of action and not vague – case remitted for trial.
Media Summary
23 Mar
023 Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018)
Arbitration award – application to set aside – s 33(1)(b) of the Arbitration Act 42 of 1965 – grounds for – gross irregularity – severability of award – permissible if the bad part is clearly severable from good – award may then be enforceable for the residue after severance.
Media Summary
22 Mar
022 Van den Heever v Taljaard (289/2017) [2018] ZASCA 22 (20 March 2018)
Company law : sale of property when close corporation deemed to be under winding-up under previous Companies Act 61 of 1973 : whether sale a void disposition under s 341 of that Act : whether transfer of property in compliance with a court order as envisaged by s 2 of Insolvency Act 24 of 1936 : sale held to be void.
Media Summary
20 Mar
021 DPP Eastern Cape v Yoyo (581/17) [2018] ZASCA 21 (20 March 2018)
Attempted rape of 4 year old – sentence of six years imprisonment imposed – half suspended for 3 years – sentence disproportionate and shocking - replaced by 10 years imprisonment.
20 Mar
020 Phetoe v State (1361/2016) [2018] ZASCA 20 (16 March 2018)
Criminal law and Procedure – conviction of rape as an accomplice not correct – all elements of the crime including mens rea to be satisfied - association or mere presence at the scene of the commission of the crime, not necessarily proof of assistance or encouragement.
Media Summary
16 Mar
019 Patmar Explorations (Pty) Ltd v Limpopo Development Tribunal (1250/2016) [2018] ZASCA 19 (16 March 2018)
Stare decisis – SCA does not depart from its own previous judgments unless satisfied clearly wrong – High Court – judges in same division bound by judgments of that division unless satisfied clearly wrong – costs
Media Summary
16 Mar
018 Budge & others v Glyn-Cuthbert & others (1046/16) [2018] ZASCA 18 (16 March 2018)
Claims arising from an agreement to dissolve a business relationship between two parties – repudiation not established – enrichment claims and ancillary relief – appeal dismissed – cross-appeal partially successful.
16 Mar
017 Bannister’s Print v D & A Calendars (1078/2016) [2018] ZASCA 17 (15 March 2018)
An agreement of settlement of litigation, forged by a lawyer for one of the parties, cannot be relied on by the other party. It is a nullity.
15 Mar
016 Mobile Telephone Networks (Pty) Ltd & another v Spilhaus Property Holdings (Pty) Ltd & others (208/2017) [2018] ZASCA 16 (15 March 2018)
Sectional title scheme – locus standi of unit owners to institute proceedings – matter falling within s 41(1) of the Sectional Titles Act 95 of 1986 – owners obliged to apply for the appointment of a curator ad litem.
Media Summary
15 Mar
015 Minister of Home Affairs v The Public Protector (308/2017) [2018] ZASCA 15 (15 March 2018)
Constitutional and administrative law – review of investigative, reporting and remedial powers of the Public Protector – such powers not of an administrative nature – may not be reviewed in terms of s 6 of the Promotion of Administrative Justice Act 3 of 2000 – may be reviewed in terms of the principle of legality – no ground of review established.
Media Summary
15 Mar
014 National Police Commissioner v Ngobeni (327/2017) [2018] ZASCA 14 (15 March 2018)
Institution of a board of inquiry into alleged misconduct, unfitness for office or incapacity of a provincial commissioner of police – powers of national commissioner of police in terms of ss 8 and 9 of South African Police Service Act 68 of 1995 – s 207 of Constitution.
Media Summary
15 Mar
013*

NK obo ZK v MEC for Health, Gauteng (216/17) [2018] ZASCA 13 (15 March 2018)
Medical negligence – quantum of damages – court a quo erred in this regard – award for general damages increased – contingency deduction for future loss of earnings reduced – appeal upheld.

Media Summary

15 Mar
012 John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) & another (245/2017) [2018] ZASCA 012 (8 March 2018)
Application for leave to appeal – whether proposed appeal would have any practical effect or result – such to be determined without reference to costs, save under exceptional circumstances – appeal in this case would have no practical effect because applicant’s alleged right of occupation in ejectment proceedings expired in September 2017 – no exceptional circumstances justifying appeal on costs.
Media Summary
08 Mar
011

Waymark Infotech v Road Traffic Management Corporation (440/2017) [2018] ZASCA 11 (6 March 2018)
Interpretation of ss 66 and 68 of the Public Finance Management Act 1 of 1999: contract for the procurement of professional services did not constitute a future financial commitment.

Media Summary

06 Mar
010 Maqebhula v The State (284/17) [2018] ZASCA 010 (5 March 2018)
Application for leave to appeal against dismissal by high court of petition for leave to appeal against conviction and sentence by regional court – relevant test whether applicant has reasonable prospects of success – no such prospects in present case.
05 Mar
009 Ocean Echo Properties 327 CC v Old Mutual Life Assurance Company (South Africa) Limited (288/2017) [2018] ZASCA 09 (01 March 2018)
Exception to plea – upholding an exception disposes of the pleading, not the action or defence – ordinarily therefore the court should grant leave to amend and not dispose of the matter – an excipient has a duty to persuade the court that upon every interpretation which the plea can bear no defence is disclosed - tacit agreement pleaded constitutes a termination of the written agreement, not a variation thereof.
Media Statement
01 Mar
008 Maphaha v The State (174/2017) [2018] ZASCA 08 (1 March 2018)
Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reasonable prospects of success concerning conviction – concerning sentence, trial court appeared not to have taken into account period of about three and a half years spent by appellants awaiting trial – reasonable prospects of success on appeal against sentence.
01 Mar
007 DPP v Booysen (580/2017) [2018] ZASCA 07 (23 February 2018)
Criminal law and procedure – minimum sentence legislation - respondent convicted on two counts of murder and one count of robbery with aggravating circumstances – court a quo finding no substantial and compelling circumstances but failing to impose prescribed minimum sentences on second count of murder and robbery with aggravating circumstances - minimum sentences of life imprisonment and 15 years’ imprisonment imposed.
23 Feb
006 Ngcobo v S (1344/2016) 2018 ZASCA 06 (23 February 2018)
Rape – sentence – life imprisonment - appellant and complainant aged 23 and 16 years respectively – period awaiting trial one of several factors to be considered cumulatively in determining whether substantial and compelling circumstances exist and proportionality of sentence – interference only if misdirection or trial court’s sentence grossly disproportionate.
23 Feb
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
001

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