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Supreme Court of Appeal Updates
Recent updates published on the Supreme Court of Appeal's website
New Supreme Court of Appeal Judgments 2018 (1)
Gavin Charlton Harvey NO v Georgina Elizabeth Crawford NO (1016/2017) [2018] ZASCA 147 (17 October 2018)
Trust Deed – interpretation of – whether ‘children’, ‘issue’, ‘descendant’, ‘legal descendant’ include adopted children.
Published: Wed, 16 Oct 2019 15:10:24 GMT
Court Roll: 2019/04
Court Roll for October 2019
Published: Tue, 08 Oct 2019 10:47:35 GMT
Supreme Court of Appeal: Bulletin 4 of 2019
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Tue, 08 Oct 2019 10:46:21 GMT
SCA: List of Judges updated
Added Judges Koen, Groven & Eksteen
Published: Tue, 08 Oct 2019 10:45:22 GMT
New Supreme Court of Appeal Judgments 2019 (6)
Mncwengi & others v The State (395/2018) [2019] ZASCA 135 (1 October 2019)
Criminal law and procedure - assessor sitting in prolonged trial - assessor not unable to continue to act as such - trial court ruled in terms of s147 of the Criminal Procedure Act 51 of 1977 that trial continue before remaining members – ruling constituting procedural irregularity vitiating the proceedings – convictions and sentences set aside.

Scholtz v NDPP (69/18) [2019] ZASCA 136 ( 1 October 2019)
Application for leave to appeal - application for condonation of the late filing of the application for leave to appeal – envisaged appeal has no reasonable prospects of success – condonation therefore not granted.

Goosen v Wiehahn (761/2018) [2019] ZASCA 137 (1 October 2019)
Wills – interpretation of – nature of right – right regulated by testamentary disposition – not a pactum de contrahendo.

Mzalisi NO & others v Ochogwu & another (630/2018) [2019] ZASCA 138 (01 October 2019)
Civil and customary marriages – eligibility of asylum seekers whose status has not been determined to marry whilst lawfully residing in South Africa – validity of departmental circular imposing absolute ban on asylum seekers seeking to marry – circular inconsistent with the law and invalid.

Afrisam (SA) (Pty) Ltd v Maleth Investment Fund (Pty) Ltd (651/2018) [2019] ZASCA 139 (01 October 2019)
Company Law – principles relating to court applications for winding-up of a company restated – intervening voluntary winding-up does not extinguish a pending application for compulsory winding-up – where compulsory winding-up supersedes the pending voluntary winding-up provisions of s 340(2)(a) of the Companies Act 71 of 1973 apply – compulsory winding-up shall be deemed to have been effective from date of registration of the special resolution for the voluntary winding-up of a company.

The Laser Transport Group (Pty) Ltd & another v Elliot Mobility (Pty) Ltd & another (835/2018) [2019] ZASCA 140 (01 October 2019)
Administrative law – review of a tender award – four-year contract concluded pursuant to a tender award challenged for non-adherence to provisions of the Preferential Procurement Policy Framework Act 5 of 2000.
Mootness – with about three months before expiry of the contract period a decision on appeal would have no practical effect - no discrete point of public importance that would affect matters in the future – appeal dismissed with costs.
Published: Tue, 08 Oct 2019 08:50:42 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Top Trailers (Pty) Ltd & another v Kotze (1006/2018) [2019] ZASCA 141 (1 October 2019)
Civil Procedure – default judgment obtained without prior notice to opposite party after the matter became opposed, may be rescinded in terms of rule 42(1)(a) of the Uniform Rules of Court as a judgment that was erroneously granted – applicant need not show bona fide defence.
Media Summary

Liberty Group Ltd v Mall Space Management CC t/a Mall Space Management (644/18) [2019] ZASCA 142 (1 October 2019)
Under the common law a mandate is in general terminable at the will of the principal – notice of intention to terminate unnecessary – principles of Ubuntu and fairness not the correct bases to determine propriety of termination of mandate – issues of good faith, fairness and equity not applicable – against public policy to coerce a principal into retaining individual as agent – unlawful competition not established – requirements of final interdict not met.
Media Summary
Published: Wed, 02 Oct 2019 09:26:51 GMT
Amendment Supreme Court of Appeal Judgments 2019 (1)
Amendment: Mbungela & another v Mkabi & others (820/2018) [2019] ZASCA 134 (30 September 2019)
Published: Tue, 01 Oct 2019 08:31:23 GMT
New Supreme Court of Appeal Judgments 2019 (6)
Uniting Presbyterian Church in SA & another v Reformed Presbyterian Church in SA & others (1438/2018) [2019] ZASCA 129 (30 September 2019)
Contract – material error in persona caused by respondent – no contract of sale came into being.
Property – abstract theory of transfer of ownership – dissensus as to identity of party that would obtain ownership – no real agreement to transfer and receive ownership – ownership not passing.
Media Summary

Bakgaka – Ba – Mothapo Traditional Council v Tshepo Mathule Mothapo & others (926/2018 [2019] ZASCA 130 (30 September 2019)
Customary law – locus standi – whether a Traditional Council established in terms of customary law had locus standi to institute action on behalf of the Bakgaka – Ba – Mothapo Traditional Community – whether the submission of insufficient number of men or women appointed as councillors to the Premier’s office justified the Court a quo ordering that the appellant had no locus standi – whether Kgoshigadi had the locus standi even though she derived authority to institute action from a resolution passed by Traditional Council.
Media Summary

Cash Paymaster Services (Pty) Ltd v Chief Executive Officer of the SASSA and others (1029/2018) [2019] ZASCA 131 (30 September 2019)
Tender for the payment of social grants – whether contract included registration of recipients of social grants plus other beneficiaries in return for payment of a set fee – no lawful basis for variation of contract to provide for payment of additional fee of R316 447 361.41.
Media Summary

Ndimande v The State (248/2018) [2019] ZASCA 132 (30 September 2019)
Evidence – admissibility of a pointing out where appellant’s rights in terms of s 35 of the Constitution have been infringed – dock identification admissibility thereof – trial within a trial – video footage of identification of appellant not submitted as evidence – identification must be such that certainty is beyond reasonable doubt to place reliance thereupon.

Umgeni Water and Minister of Water & Sanitation and another v Sembcorp Siza Water (Pty) Ltd (358/2018 & 497/2018) [2019] ZASCA 133 (30 September 2019)
Setting of Water Tariffs in terms of the Water Services Act 108 of 1997 – differentiation between respondent and other purchasers of bulk water – tariff of 37,9% set for respondent as opposed to 7,8% for municipal customers – rationality of decision.

Mbungela & another v Mkabi & others (820/2018) [2019] ZASCA 134 (30 September 2019)
Customary law – s 3(1)(b) of the Recognition of Customary Marriages Act 120 of 1998 – requirements for a valid customary marriage – customary law dynamic, continuously evolving, flexible and pragmatic – ceremony of handing over of bride not necessarily a key determinant of a valid customary marriage - its waiver of permissible and does not invalidate a customary marriage – appeal dismissed.
Media Summary
Published: Mon, 30 Sep 2019 12:14:58 GMT
Amendment Supreme Court of Appeal Judgments 2019 (1)
Amendment:Stallion Security v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019) Media Summary
Published: Mon, 30 Sep 2019 09:08:02 GMT
New Supreme Court of Appeal Judgments 2019 (5)
CSARS v Atlas Copco South Africa (Pty) Ltd (834/2018) [2019] ZASCA 124 (27 September 2019)
Income tax – valuation of stock at year end in terms of s 22(1)(a) of the
Income Tax Act 58 of 1962.
Media Summary

Mosalakae & others v Matlala & Others (267/2018) [2019] ZASCA 125 (27 September 2019)
Section 115 of the Companies Act 1973 – respondents applying to rectify the share register of a company to reflect the fifth to ninth respondents and the third and fourth appellants as equal shareholders – third and fourth appellants relying on an agreement in terms of which their shareholding was increased – whether the terms of such agreement were proved.

Livanje v The State (378/2018) [2019] ZASCA 126 (27 September 2019)
Criminal Law and Procedure – appellant erroneously convicted of housebreaking with intent to rob instead of housebreaking with intent to commit a crime unknown to the State – appellant sentenced in terms section 51(2) of the Criminal Law Amendment Act 105 of 1977 without warning of its applicability – irregularities not of vitiating nature – conviction and sentence accordingly amended.
Media Summary

Stallion Security v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019)
Delict – claim for loss of support – vicarious liability of employer – employee committed murder entirely for own purposes – test is whether the delict was nevertheless sufficiently closely linked to the business of the employer – development of the law to recognise that the creation of risk by the employer is a relevant consideration in determining the required link – employer liable.

Jacobs and another v Baumann NO and others (239/2018) [2019] ZASCA 128 (27 September 2019)
South African Reserve Bank – debt rescheduling arrangements – oral agreement of loan – loan of money by foreign national to individuals prohibited – requirement that debtor a company or close cooperation – written loan agreement between foreign national and close corporation – money paid to close corporation – substitution of debtors precluded – close corporation failing to make payment – oral agreement not novated by written agreement – oral agreement enforceable against individual debtors.
Published: Fri, 27 Sep 2019 11:10:39 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Jacobs (in re the farm Uap) v Department of Land Affairs and Jacobs (in re Erf 38) v Department of Land Affairs (1284/16) and (982/2017) ZASCA 122 (26 September 2019)
Financial compensation as equitable redress under the Restitution of Land Rights Act 22 of 1994 – dispossession of land rights as a result of racially discriminatory laws and practices – amounts awarded as compensation in respect of two immovable properties correctly computed in accordance with the principles laid down in Florence v Government of the Republic of South Africa 2014 (6) SA 456 CC – both appeals dismissed with no orders as to costs.

Marion Smith v Mountain Oaks Winery (Pty) Ltd & another (1171/18) [2019] ZASCA 123 (26 September 2019)
Interdict sought on the basis of injurious falsehood – elements not proved - appeal upheld.
Published: Thu, 26 Sep 2019 12:38:57 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Malherbe v The State (829/18) ZASCA 120 (25 September 2019)
Criminal Procedure – appeal against refusal by the high court to grant leave to it to appeal on petition – issue is whether the appellant has reasonable prospects of success on appeal and not the merits of the appeal – reasonable prospects of success present if a sound, rational, basis exists for the conclusion that the appellant has prospects of success on appeal.

Telkom SA SOC Ltd v City of Cape Town (1038/2018) [2019] ZASCA 121 (25 September 2019)
Erection of telecommunications infrastructure – public servitude in favour of licensee in terms of s 22(1)(a) of the Electronic Communications Act 36 of 2005 – whether entitling licensee to enter upon land and erect telecommunications infrastructure contrary to zoning provisions in municipal by-laws without obtaining consent to rezoning from municipality in terms of those by-laws – whether by-laws requiring such rezoning and consent unconstitutional – whether municipal policy in respect of the erection of telecommunications infrastructure an encroachment upon a national sphere of legislative competence.
Published: Thu, 26 Sep 2019 07:59:02 GMT
New Supreme Court of Appeal Judgments 2019 (3)
Sewpersadh v Minister of Finance (923/2018) [2019] ZASCA 117 (23 September 2019)
Interpretation – meaning of ‘full-time service’ of an organisation in s 1(1) of the Special Pensions Act 69 of 1996 – appellant’s employment during the relevant period not resulting in him failing to be in the full-time service of a political organisation at the same time.
Practice – time bar – necessity of party seeking to rely on a time bar to plead the issue and place relevant facts before court.
Media Summary

Pieters NO v Absa Bank Ltd (979/2018) [2019] ZASCA 118 (23 September 2019)
Company dissolution – s 419 of Companies Act 61 of 1973 –date of dissolution is date when Registrar recorded dissolution in the Companies Register, not date of publication of notice of dissolution in Government Gazette – agreed facts – no proof that Registrar had not recorded dissolution of company – effect of Master’s certificates in terms of ss 419(1) and 385 of Companies Act to discharge liquidator – Master lacks power to re-instate liquidator after discharge – purported reinstatement of liquidator invalid
Media Summary

Grobler v Master of the High Court & others (645/2018) [2019] ZASCA 119 (23 September 2019)
Will – validity of unsigned draft will in terms of s 2(3) of Wills Act 7 of 1953 – not established that deceased received, approved and intended draft will prepared by his financial advisor to be his last will and testament – appeal dismissed.
Media Summary
Published: Wed, 25 Sep 2019 07:58:54 GMT
New Supreme Court of Appeal Judgments 2019 (1)
KwaZulu-Natal Bookmakers’ Society v Phumelela Gaming and Leisure Ltd (889/2018) [2019] ZASCA 116 (19 September 2019)
National Gambling Act 7 of 2004 – meaning of totalisator betting on sports – Lotteries Act 57 of 1997 – meaning of ‘sports pool’ – does not include totalisator betting on horse racing and other sports – provinces entitled to regulate and control totalisator betting on horse racing and other sports.
Media Summary
Published: Thu, 19 Sep 2019 10:22:13 GMT
New Supreme Court of Appeal Judgments 2019 (3)
Sandvik v Outokumpu OYJ & another (879/2018) [2019] ZASCA 115 (18 September 2019)
Patents – application for revocation of patent – invention obvious to a person skilled in the art and thus not involving an inventive step in terms of ss 25(1) and (10) of the Patents Act 57 of 1978.
Media Summary

Lewarne v Fochem International (Pty) Ltd (1073/18) [2019] ZASCA 114 (18 September 2019)
Whether the Labour Court has exclusive jurisdiction in matters concerning an employment contract – sections 77(1) and 77(3) of the Basic Conditions of Employment Act 75 of 1997 apply – section 77(3) confers concurrent jurisdiction to the Labour Court and civil courts.

Victor Kwenda v The State (682/2018) [2019] ZASCA 113 (17 September 2019)
Criminal Procedure – Appeal against a refusal to grant leave to appeal on petition – Leave to appeal to the high court was properly refused.
Published: Wed, 18 Sep 2019 12:40:36 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Sipho Ximba v The State (1171/18) [2019] ZASCA 111 (16 September 2019)
Criminal Procedure – sentence – whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentence – no misdirection by the trial court and full bench – appeal dismissed.

Atlantic Beach Homeowners Association NPC v The Estate Agency Affairs Board (978/2018) ZASCA 112 (16 September 2019)
Estate Agents – whether the first and second appellants operated as estate agents in terms of the Estate Agency Affairs Act 112 of 1976 – court held that by concluding and implementing a property partner agreement the first and second appellants did not hold themselves out or advertise themselves as estate agents – appeal upheld with costs.
Published: Mon, 16 Sep 2019 10:29:43 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Connecto Fasteners (Pty) Ltd v Bidvest Bank Ltd (1000/18) and Jacobs Capital (Pty) Ltd v Bidvest Bank (999/18) [2019] ZASCA 110 (13 September 2019)
Practice – judgments and orders – summary judgment – opposing affidavit of deponent does not disclose a bona fide defence – judicial discretion properly exercised – summary judgment correctly granted.
Published: Mon, 16 Sep 2019 08:35:54 GMT
Amendment: Supreme Court of Appeal Judgments (2)
Amendment to the Media Summary for BMW South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service (1156/18) [2019] ZASCA 107 (6 September 2019)

Amendment to the judgment: Termico (Pty) Ltd v SPX Technologies (Pty) Ltd & others; SPX Technologies (Pty) Ltd v Termico (Pty) Ltd (418/2018; 413/2018) [2019] ZASCA 109 (6 September 2019)
Published: Mon, 16 Sep 2019 08:13:29 GMT
New Supreme Court of Appeal Judgments 2019 (3)
BMW South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service (1156/18) [2019] ZASCA 107 (6 September 2019)
Payment by employer to tax consultants to render assistance to expatriate employees – whether a taxable ‘benefit or advantage’ as contemplated in the definition of ‘gross income’ in s 1 of the Income Tax Act 58 of 1962 read with s 2(e) or (h) of the Seventh Schedule.
Media Summary

Botha v Standard Bank of South Africa Ltd (445/2018) [2019] ZASCA 108 (6 September 2019)
Prescription – cancellation of mortgage bond after mortgage debt is due and prescription has begun to run – whether cancellation changes prescription period of debt from 30 years to three years.

Termico (Pty) Ltd v SPX Technologies (Pty) Ltd & others; SPX Technologies (Pty) Ltd v Termico (Pty) Ltd (418/2018; 413/2018) [2019] ZASCA 109 (6 September 2019)
Arbitration – application to set aside award – no gross irregularity in terms of s 33(1)(b) of the Arbitration Act 42 of 1965 – counter-application to make arbitration award an order of court in terms of s 31 and for a money judgment – not constituting an impermissible ‘hybrid order’.
Media Summary
Published: Mon, 09 Sep 2019 07:32:04 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd (917/2018) [2019] ZASCA 106 (5 September 2019)
Master rental agreement – termination by effluxion of time – obligations of lessee in regard to return of equipment – meaning of ‘decommissioned’ in rental agreement.
Published: Thu, 05 Sep 2019 12:39:40 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Goldex 16 (Pty) Ltd v Capper NO & others (543/2018) [2019] ZASCA 105 (4 September 2019)
Invalid written agreement of sale of immovable property – respondent signing agreement on behalf of a trust without necessary authority – seller abandoning claim for specific performance against the trust but seeking to hold respondent liable for payment of the purchase price, tendering to transfer the immovable property to him – claim dismissed.
Published: Thu, 05 Sep 2019 07:56:23 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018) [2019] ZASCA 104 (23 August 2019)
Variation of costs order granted in error.
Published: Thu, 29 Aug 2019 13:14:56 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Road Accident Fund v Madikane (1270/2018) [2019] ZASCA 103 (22 August 2019)
Delict – damages – whether the respondent sustained a mild or moderate traumatic brain injury – expert evidence – approach to their evidence restated – expert opinions must be based upon facts that have been established by way of admissible evidence.
Published: Thu, 22 Aug 2019 13:36:38 GMT
New Supreme Court of Appeal Judgments 2019 (1)
AN v MEC for Health, Eastern Cape (585/2018) [2019] ZASCA 102 (15 August 2019)
Delict – Medical negligence – failure to monitor the appellant and foetus during labour – whether negligence of hospital staff was causally connected to the child’s brain damage – factual causation not established – appeal dismissed.
Media Summary
Published: Fri, 16 Aug 2019 15:11:18 GMT
Amendment Court Roll: 2019/03
Amended Court Roll for Aug/Sep 2019
Published: Tue, 13 Aug 2019 10:39:18 GMT
Supreme Court of Appeal: Bulletin 3 of 2019 amendment
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Tue, 13 Aug 2019 10:38:36 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Rehau Polymer (Pty) Ltd v Brunettes Electrical & others (641/2018) [2019] ZASCA 101 (25 July 2019)
Claim for damages – breach of contract – interpretation of document – whether breach of warranties established.
Published: Fri, 26 Jul 2019 07:45:02 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Sandvliet Boerdery (Pty) Ltd v Maria Mampies & another (107/2018) [2019] ZASCA 100 (8 July 2019)
Published: Fri, 12 Jul 2019 07:30:12 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Sandvliet Boerdery (Pty) Ltd v Maria Mampies & another (107/2018) [2019] ZASCA 100 (8 July 2019)
Extension of Security of Tenure Act 62 of 1997 – s 6(2)(dA) – meaning of ‘reside’ – depends on facts of each case and includes use of a graveyard – burial right may be invoked against landowner in respect of ancestral graveyard situated on registered land on which neither an occupier who seeks to bury a deceased family member nor the deceased had a dwelling at deceased’s death where they routinely performed sufficient acts in relation to land to regard it as part of land on which they ‘reside’.
Media Summary
Published: Tue, 09 Jul 2019 08:26:31 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Minister of Mineral Resources v Stern & others (1369/2017) and Treasure the Karoo Action Group & another v Department of Mineral Resources & others (790/2018) [2019] ZASCA 99 (4 July 2019)
Statute – whether Minister of Mineral Resources empowered by s 107(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 to make the Regulations for Petroleum Exploration and Production, 2015 (the Petroleum regulations) – Petroleum regulations regulate process and requirements of application for environmental authorisation under the National Environmental Management Act 107 of 1998 (NEMA) and set a regulatory framework and norms and standards for management of environmental impacts of petroleum exploration and production – Minister of Environmental Affairs empowered by NEMA to make regulations regarding these matters – Minister of Mineral Resources not empowered to make regulations regarding environmental matters – impractical to sever invalid regulations from the Petroleum regulations – Petroleum regulations set aside in their entirety.
Media Summary
Published: Thu, 04 Jul 2019 11:56:15 GMT
New Supreme Court of Appeal Judgments 2019 (1)
National Home Builders’ Registration Council & another v Xantha Properties 18 (Pty) Ltd (780/2018 and 784/2018) [2019] ZASCA 96 (21 June 2019)
Housing – Housing Consumers Protection Measures Act 95 of 1998 – whether s 14(1) of that Act applies to homes being built with the intention that they be let and not sold.
Media Summary
Published: Mon, 24 Jun 2019 07:36:47 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Maswanganyi obo Machimane v Road Accident Fund (1175/2017) [2019] ZASCA 97 (18 June 2019)
Delict – Settlement of damages claim against the Road Accident Fund – judge declining to make settlement agreement an order of court and requiring the trial to continue on the merits – application to declare trial a nullity – irregular procedure – Court’s duty when asked to make settlement agreement an order of court.
Media Summary

Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)
Spoliation – rights protectable by mandament van spolie – whether an electricity supply in itself an incident of possession of the property to which it is delivered or a mere personal right – whether such supply protectable by the mandament.
Media Summary
Published: Tue, 18 Jun 2019 13:40:31 GMT
Supreme Court of Appeal: Bulletin 3 of 2019 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Thu, 13 Jun 2019 10:20:17 GMT
Amendment Court Roll: 2019/03
Amended Court Roll for Aug/Sep 2019
Published: Thu, 13 Jun 2019 10:19:50 GMT
Update: Supreme Court of Appeal Judges
Updates to the Supreme Court of Appeal Judges list and CVs.
Published: Fri, 07 Jun 2019 13:33:58 GMT
Supreme Court of Appeal: Bulletin 3 of 2019
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Fri, 07 Jun 2019 11:35:32 GMT
New Court Roll: 2019/03
Court Roll for Aug/Sep 2019
Published: Fri, 07 Jun 2019 11:32:59 GMT
New Supreme Court of Appeal Judgments 2019 (2)
NPGS Protection and Security Services CC & another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)
Summary judgment – whether bona fide defence established – execution against primary home of debtor – no facts placed before court – whether court entitled to order execution without such facts – loan secured by mortgage over surety’s property – judgment debtor failing to provide court with any information relative to the asserted right to housing save for a statement from the bar which is required to conduct the mandated inquiry.
Media Summary

Joan Cynthia Griessel NO & others v De Kock (334/18) [2019] ZASCA 95 (6 June 2019)
Discretionary trust – trustees having power to select beneficiaries from listed potential beneficiaries - whether potential beneficiary acquired rights capable of protection.
Media Summary
Published: Fri, 07 Jun 2019 07:41:25 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Singh & others v The Companies and Intellectual Property Commission & others (822/2018) [2019] ZASCA 69 (30 May 2019)
Published: Thu, 06 Jun 2019 11:37:22 GMT
New Supreme Court of Appeal Judgments 2019 (4)
DPP, Gauteng v Ramolefi (705/2018) [2019] ZASCA 90 (3 June 2019)
Criminal Procedure – Sentence – appeal by State against a sentence imposed on appeal to the high court – lack of jurisdiction to determine such an appeal – appeal struck from the roll.

Mngomezulu v Ethekwini Metropolitan Municipality (079/2018) [2019] ZASCA 91 (03 June 2019)
Delict – claim for damages for unlawful destruction of property and unlawful assault – plea of self-defence raised – no proof that claimant acted lawfully in defence of property – defensive action must be reasonable and taken against imminent act of aggression.

National Credit Regulator v Southern African Fraud Prevention Services NPC (560/2018) [2019] ZASCA 92 (03 June 2019)
Credit bureau – collection of information pertaining to fraud – whether consumer credit information in terms of s 70(1) of National Credit Act 34 of 2005 (NCA) – whether information constituting an adverse classification of consumer behaviour in terms of Regulation 17 of Regulations under NCA in GN R489 of 31 May 2006 – whether credit bureau required to expunge information within one year.

Gold Circle (Pty) Ltd v Maharaj (1313/17) [2019] ZASCA 93 (3 June 2019)
Complaint of unfair discrimination in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000 – earlier application dismissed by Equality Court – whether second referral precluded by the operation of doctrine of res judicata or issue estoppel – remittal to Equality Court for de novo hearing.
Media Summary
Published: Mon, 03 Jun 2019 13:30:04 GMT
New Supreme Court of Appeal Judgments 2019 (12)
Intech Instruments v Transnet Limited t/a South African Port Operations (1165/18) [2019] ZASCA 79 (31 May 2019)
Contract – repudiation manifested by conduct – motive irrelevant – status of interim certificates where construction contract lawfully cancelled by employer – cease to be of force and effect – not self-standing claims separate from remainder of contract.
Media Summary

De Vasconcelos & others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)
Loan and royalty agreements arising from loan; whether interest disguised as royalty; whether royalty agreement contra bonos mores; whether in duplum rule applies.

Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81 (31May 2019)
Suretyship – interpretation – principles relating to interpretation of contracts apply – agreement comprising more than one document – all documents must be considered.
Media Summary

Mochebelele v Director of Public Prosecutions, Gauteng & others (377/2018) [2019] ZASCA 82 (31 May 2019)
Enquiry in terms of s 10 of the Extradition Act 67 of 1962 – powers of magistrate – whether magistrate entitled to consider extraneous factors – Minister’s powers in terms of s 11 of the Extradition Act.

The Director of Public Prosecutions v Moloto (1007/18) [2019] ZASCA 83 (31 May 2019)
Criminal Procedure – sentence for murder, read with s 51(1) of the Criminal Law Amendment Act 105 of 1997 – unclear from judgment whether the trial court found substantial and compelling circumstances justifying deviation from prescribed minimum sentence – sentence in terms of s 276(1)(i) of Act 51 of 1977 set aside and substituted with a sentence of 10 years' imprisonment.

De Almeida v S (728/2018) [2019] ZASCA 84 (31 May 2019)
Criminal Procedure – appeal against sentence of 8 years’ imprisonment – leave to appeal refused by regional court – petition refused by the high court – special leave granted by this court – the test is whether the appellant has shown reasonable prospect of success on appeal against the sentence.

Ndou v The State (247/18) [2019] ZASCA 85 (31 May 2019)
Criminal Procedure – the Appeal Court lacks jurisdiction, in the absence of a cross-appeal by the State, to reverse the acquittal of the accused – evidence in relation to common purpose to commit robbery not sufficient to make perpetrators joint possessors of a firearm under the Firearms Control Act 60 of 2000 – sentence in respect of offences related in terms of time and place ordered to run concurrently.
Media Summary

Minister of Defence and Military Veterans v Maswanganyi (739/18) [2019] ZASCA 86 (31 May 2019)
Interpretation of statute – s 59(1)(d) of Defence Act 42 of 2002 – operates ex lege – no decision required to be made – nothing capable of being reviewed and set aside – no automatic reinstatement in terms of that section.
Media Summary

Rhino Oil and Gas Exploration SA (Pty) Ltd v Normandien Farms (Pty) Ltd & another (100/2018) [2019] ZASCA 88 (31 May 2019)
Mineral and Petroleum Resources Development Act 28 of 2002 – application for petroleum exploration right – process challenged on review prior to decision being taken – at that stage, no prejudice to party challenging the process – matter not ripe for adjudication.
Media Summary

Beijers v Harlequin Duck Properties 231 (Pty) Ltd t/a Office Space Online (1216/2017) [2019] ZASCA 89 (31 May 2019)
Contract – interpretation of non-variation clause – alleged oral agreement – estate agent’s entitlement to commission – evidence to contradict express terms of a contract inadmissible.

Fundsatwork Umbrella Pension Fund v Guarnieri and Others (830/2018) [2019] ZASCA 78 (31 May 2019)
Distribution of pension benefit on death of member of fund – s 37C(1)(a) of the Pension Funds Act 24 of 1956 (PFA) – meaning of dependant in terms of definition in s 1 of the PFA – when such dependants are to be identified for the purpose of making a distribution under that section – such to be at the date of distribution not the date of death of the member – accordingly dependants do not include a person who died before the distribution was made – distribution to such person contrary to statutory scheme and not a distribution of member’s pension benefit – fund obliged to distribute the outstanding balance to the member’s dependants.

Moto Health Care Medical Scheme v HMI Healthcare Corporation (Pty) Ltd & others (341/2018) [2019] ZASCA 87 (31 May 2019)
Declaratory relief – whether condonation by liquidators of company of non-compliance with written notice of civil action under s 359(2)(a) of the Companies Act 61 of 1973 and prescription properly the subject of a declaratory order – party not entitled to claim declaration of rights merely because rights disputed – case not a proper one for the exercise of discretion to grant declaratory relief – delivery of heads of argument after hearing of appeal – abuse of court process.
Published: Mon, 03 Jun 2019 12:32:36 GMT
New Supreme Court of Appeal Judgments 2019 (10)
Gauteng Department of Agriculture and Rural Development & others v Interwaste (Pty) Ltd & others (458/2018) [2019] ZASCA 68 (30 May 2019)
Waste management licence issued in terms of the National Environmental Management Act 107 of 1998 – whether expired by effluxion of time – relevance in prevailing circumstances of a compliance notice issued in terms of the Act.
Media Summary

Singh & others v The Companies and Intellectual Property Commission & others (822/2018) [2019] ZASCA 69 (30 May 2019)
Powers of the Companies Commission to investigate a complaint – whether complaint time barred – Effect of civil litigation on an investigation by the Companies Commission.
Media Summary

Z F Stoffberg NO & others v City of Cape Town (1325/2017) [2019] ZASCA 70 (30 May 2019)
Prescription – acquisitive prescription of public outspan – requirements under s 2 of the Prescription Act 18 of 1943 – continuous possession for 30 years not shown – acts of possession not reasonably indicating possession as if owner.
Media Summary

The Motor Industry Ombudsman of South Africa v Silver Park Motors CC (479/18) [2019] ZASCA 71 (30 May 2019)
Registration as retailer under Consumer Protection Act 68 of 2008 – meaning of ‘accessories’ in South African Automotive Industry Code of Conduct (the Code) – seller of fuel and engine oils not a supplier or retailer of accessories under the Code.

Nare v The State (380/2018) [2019] ZASCA 72 (30 May 2019)
Application for leave to appeal against the refusal by the High Court to grant leave to appeal against conviction –– Interpretation of the order of this court granting leave to appeal – Whether reasonable prospects of success established.

Bayport Securitisation v Sakata (1320/17) [2019] ZASCA 73 (30 May 2019)
Magistrates’ Court Act 32 of 1944 – s 58 – default judgment – Magistrates’ Court Rules – Rules 49(1), (3) and (8) – rescission of judgment – failure to set out bona fide defence – liability acknowledged – procedural error in proceedings – rescission refused.

Mokoena v The State (200/2018) [2019] ZASCA 74 (30 May 2019)
Criminal Procedure – regional court magistrate mero motu closing defence case in terms of s 342A(3)(d) of the Criminal Procedure Act 51 of 1977 (the Act) - notice in terms of s 342A(4)(a) not given by the State – evidence irregularly excluded - appeal court incorrectly remitting matter back to same magistrate to continue hearing – conviction and sentence set aside – s 324(c) applied.
Media Summary

Chonco v The State (1247/2018/) [2019] ZASCA 75 (30 May 2019)
Criminal Law – appeal against sentence above prescribed minimum sentence – whether justified – failure to provide reasons – sentence considered afresh.

Van der Merwe v Van der Merwe (843/2018) ZASCA 76 (30 May 2019)
Rectification of an ante-nuptial contract – no common mistake or misunderstanding between the parties – rectification not competent – the clear unambiguous terms of the ante-nuptial contract cannot be ignored.

Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018) [2019] ZASCA 77 (30 May 2019)
Discretion of court to permit or refuse joinder in terms of s 5(1) of the Admiralty Jurisdiction Regulation Act 105 of 1983 left untouched by the International Arbitration Act 15 of 2017.
Media Summary
Published: Mon, 03 Jun 2019 11:31:37 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Schoeman & others v Lombard Insurance Co Ltd (1299/2017) [2019] ZASCA 66 (29 May 2019)
Demand guarantee – demand guarantee stipulating that demand to be made at address of beneficiary – demand hand-delivered to address of guarantor – place at which demand to be made directory, not mandatory – demand effective.

Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018) [2019] ZASCA 67 (29 May 2019)
Security arrest in terms of s 5(3)(a) of the Admiralty Jurisdiction Regulation Act 105 of 1983 – such restricted to property existing at the time the arrest order was made – reconsideration of arrest order granted ex parte in terms of Uniform Rule 6(12)(c) – procedure – where party seeking reconsideration delivers an affidavit dealing with the merits and the applicant replies reconsideration takes place on basis of all material then before the court – onus remains on applicant to establish a genuine and reasonable need for security on a balance of probabilities – whether onus discharged.
Published: Wed, 29 May 2019 10:00:24 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Eskom Holdings Soc Ltd v Sidoyi and Others (1207/2018) [2019] ZASCA 65 (28 May 2019)
Electricity – disconnection of allegedly unlawful connections and apparatus – challenge by affected property owners to disconnection – order sought for restoration of electricity supply – such could only be determined after determining whether the disconnected supply was lawful – dispute of fact on the papers – application referred for the hearing of oral evidence on the issue of the lawfulness of the disconnected supply.


Ledwaba v The State (605/2018) [2018] ZASCA 64 (27 May 2019)
Criminal appeal against sentence – appellant convicted of culpable homicide and sentenced to five years’ imprisonment - whether such sentence appropriate in the circumstances. Criminal Procedure – declaration of unfitness to possess firearm in terms of s 103(2) of the Firearms Control Act 60 of 2000 – duty on the court to hold an enquiry and make determination whether accused is unfit to possess firearm – court failed to hold enquiry.
Published: Tue, 28 May 2019 13:08:05 GMT
Amendment: Supreme Court of Appeal Judgments (1)
CSARS v Big G Restaurants (Pty) Ltd (157/18) [2018] ZASCA 179 (3 December 2018)
Published: Tue, 28 May 2019 13:01:54 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Adhu Investments v State (1410/2016) [2019] ZASCA 63 (24 May 2019)
Published: Mon, 27 May 2019 10:24:53 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Department: Transport, Province of KwaZulu-Natal v Ramsaran & others (1274/2017) [2019] ZASCA 62 (23 May 2019)
Abandonment of judgment by respondents in terms of Uniform rule 41(2) – no tender of costs – appellant can recover costs by notice in terms of rule 41(1)(c) – costs of appeal – appellant only entitled to costs of appeal up to and including date of abandonment.
Media Summary

Adhu Investments v State (1410/2016) [2019] ZASCA 63 (24 May 2019)
Contract – joint venture – damages based on breach of agreement - joinder on the basis of a stipulatio alteri – tacit term – whether stipulatio alteri established.
Published: Fri, 24 May 2019 09:39:49 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Crockery Gladstone Farm v Rainbow Farms (Pty) Ltd (592/18) [2019] ZASCA 61 (20 May 2019)
Civil procedure – the grant of an application for rescission of judgment is not appealable – order of the Full court granting rescission order upheld.
Published: Mon, 20 May 2019 13:26:36 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Motala v The Master of the North Gauteng High Court, Pretoria (92/2018) [2019] ZASCA 60 (17 May 2019)
Administration of insolvent estates – Master’s panel of persons suitable for appointment as liquidator or trustee – compilation of panel constitutes administrative action as envisaged by the Promotion of Administrative Justice Act 3 of 2000 (PAJA) – appellant removed from the panel – factors relevant to such removal including appellant’s dishonesty and his disqualification as a liquidator or trustee – appellant’s challenge to his removal from the panel dismissed.
Appellant also having applied to the Master to be reinstated to the panel – Master refusing to do so – this decision not challenged by the appellant under PAJA – Master’s decision not to reinstate renders nugatory the appellant’s claim based on earlier removal.
Costs – appellant contending he ought not to pay costs if unsuccessful as he sought to enforce a constitutional right – factors relevant to discretion in such cases – appellant ordered to pay the costs.
Media Summary
Published: Mon, 20 May 2019 08:28:09 GMT
Supreme Court of Appeal: Bulletin 2 of 2019 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Mon, 13 May 2019 10:28:11 GMT
Court Roll: 2019/02 Amendment
Court Roll for May 2019 amendment
Published: Mon, 13 May 2019 10:12:01 GMT
New Supreme Court of Appeal Judgments 2018 (1)
Colchester Zoo SA Properties (Pty) Ltd v Mdakane & others (1108/17) [2018] ZASCA 188 (13 December 2018)
Land – land reform – whether second respondent an occupier in terms of Extension of Security of Tenure Act 62 of 1997 – whether eviction order should be granted.
Published: Fri, 03 May 2019 12:54:25 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Stephanus de Lange NO v The Minister of Water Environmental Affairs (81/2018) [2019] ZASCA 59 (17 April 2019)
Prescription – water use rights in terms of the National Water Act 96 of 1998 – appellant’s water use not an unrestricted real right – appellant’s delictual cause of action arising when canals the respondent failed to maintain became inoperable – no on-going breach of appellant’s right to water – claim prescribed.
Media Summary
Published: Thu, 18 Apr 2019 09:39:39 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Mphephu v Mphephu-Ramabulana & others (948/17) [2019] ZASCA 58 (12 April 2019)
Customary law – traditional leadership – points in limine – whether first respondent was lawfully identified by Royal Family Council and lawfully recognised by the President as the King of Vhavenda community in terms of the provisions of s 9 of Traditional Leadership and Governance Framework Act 41 of 2003 – the President’s decision reviewed and set aside and proceedings referred back to the high court for further hearing on the merits.
Media Summary
Published: Mon, 15 Apr 2019 10:33:46 GMT
Supreme Court of Appeal: Bulletin 2 of 2019 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Thu, 11 Apr 2019 12:41:54 GMT
Court Roll: 2019/02 Amendment
Court Roll for May 2019 amendment
Published: Thu, 11 Apr 2019 12:41:27 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Amendment to JJPC Brand Administrators & another v Lombard & others (1223/2017) [2019] ZASCA 55 (1 April 2019)
Published: Wed, 10 Apr 2019 07:49:08 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Jason Naidoo v The State (333/2018) [2019] ZASCA 52 (1 April 2019)
Published: Fri, 05 Apr 2019 08:17:26 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019)
Published: Thu, 04 Apr 2019 08:14:30 GMT
Amendment: Supreme Court of Appeal Judgments (1)
Beukes v Smith (211/2018) [2019] ZASCA 48 (01 April 2019)
Published: Wed, 03 Apr 2019 10:11:23 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Ngomane & others v City of Johannesburg Metropolitan Municipality & another (734/2017) [2018] ZASCA 57 (03 April 2019)
Constitutional law – ss 38 and 172 (1)(a) and (b) of the Constitution – municipality removing and destroying property comprising personal effects and materials used to erect overnight shelter belonging to the homeless applicants in a public health law clean-up exercise – not an eviction – applicants not entitled to mandament van spolie or mandatory substitution of the property – destruction of property unlawful and a breach of applicants’ rights to dignity, privacy and not to be deprived of their property – declaration of the unlawfulness of the destruction of the applicants’ property and compensation therefor appropriate relief.
Media Summary
Published: Wed, 03 Apr 2019 09:35:34 GMT
New Supreme Court of Appeal Judgments 2019 (6)
The Director of Public Prosecutions, KwaZulu-Natal v Ramdass (1236/2017) [2019] ZASCA 23 (28 March 2019)
Criminal Procedure Act 51 of 1977 – s 319(1) – refusal by trial court to reserve questions of law – petition in terms of s 317(5) and s 316(13)(c) for special leave to appeal refused – Superior Courts Act 10 of 2013 – s 17(2)(f) – reconsideration and variation of order – refusal of reservation of questions of law confirmed – erroneous order refusing special leave varied – ordinary leave to appeal refused.
Media Summary

Minister of Police v Masina (1082/17) [2019] ZASCA 24 (28 March 2019)
Extinctive prescription – Commencement – Debt due when the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises – knowledge of legal procedures and remedies not required.

Van Rensburg v Minister of Police (424/18) [2019] ZASCA 25 (28 March 2018)
Arrest – lawfulness of – whether arresting officer reasonably suspected appellant of culpable homicide – failure by arresting officer to consider question of negligence – respondent failed to establish reasonable suspicion.
Appeal – duty by trial court to assess whether, in terms of s 17(6)(a) of Superior Courts Act, appeal warranted attention of Supreme Court of Appeal – matter manifestly did not warrant attention of Supreme Court Of Appeal.
Costs – amount recovered falling within jurisdiction of regional division of magistrate’s court – successful appellant limited in court a quo to costs on magistrate’s court scale.


The Minister of Safety and Security v Nancy MSI (273/2018) [2019] ZASCA 26 (28 March 2019)
Delict – assault by policeman – vicarious liability – deviation case – application of legal principles.

Atwealth (Pty) Ltd & others v Kernick & others (116/2018) [2019] ZASCA 27 (28 March 2019)
Financial advisor – liability for loss incurred on recommended investments – what constitutes financial advice – whether evidence sufficient to conclude that financial advisor breached her legal duties.
Media Summary

Sivubo Trading v Development Bank (233/2018) [2019] ZASCA 28 (28 March 2019)
Acceptance of tender – suspensive condition not met – no valid and binding contract between the parties.
Published: Tue, 02 Apr 2019 13:22:29 GMT
New Supreme Court of Appeal Judgments 2019 (5)
Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019)
Whether roads within a private housing estate public roads as defined in the National Road Traffic Act 93 of 1996 – whether conduct rules ordaining a speed limit of 40 km/h within the estate unlawful.

Aliko v The State (552/2018) [2019] ZASCA 31 (28 March 2019)
Criminal law – sentencing – appellant convicted of murder – premeditation is not an essential requirement for sentence of life imprisonment – court exercises inherent discretion in determining suitable sentence – life imprisonment justified for brutal murder of a defenceless disabled victim.

Visagie & Associates CC & another v Small Enterprise Finance Agency Ltd (262/2018) [2019] ZASCA 32 (28 March 2019)
Law of Contract – whether terms of lease tacitly relocated into settlement agreement.

De Waal Alberts & others v Louis Nel (128/2018) [2019] ZASCA 33 (28 March 2019)
Summary judgment – bona fide defence established – joint and several liability – co-director had a right to challenge the order.

The Chairperson of the Municipal Appeals Tribunal, City of Tshwane & others v Brooklyn and Eastern Areas Citizens Association & others (1239/2017) [2019] ZASCA 34 (28 March 2019)
Appeal – mootness – s 16(2) of Superior Courts Act – court a quo setting aside decision by administrative appeal tribunal dismissing internal appeal against rezoning decision – in meanwhile building on subject property completed and occupied – appeal not rendered moot by such completion and occupation
Appeal – piecemeal appellate adjudication – merits of rezoning still to be determined by administrative appeal tribunal if review successful – s 17(1)(a) of Superior Courts Act not engaged – court a quo finally determined all issues before it – order appealable.
Town planning – internal appeal against rezoning decision – appeal lodged after coming into force of Tshwane’s Land Use Management By-Law 2016 – applicable appeal procedure one laid down in s 20 of By-law read with s 51 of Spatial Planning and Land Use Management Act 16 of 2013 – s 59 of Town Planning and Townships Ordinance 15 of 1986 inapplicable and inconsistent as contemplated in s 2(2) of Act 16 of 2013 – objector’s first internal appeal valid and timeous appeal in terms of By-law – objector’s second internal appeal unnecessary and invalid.
Published: Mon, 01 Apr 2019 13:36:50 GMT
New Supreme Court of Appeal Judgments 2019 (9)
Beukes v Smith (211/2018) [2019] ZASCA 48 (01 April 2019)
Delict – claim for damages based on failure to obtain informed consent to medical procedure for hernia repair – factual finding of trial court on whether the patient was informed, confirmed – no dispute on material risks inherent in competing surgical procedures – information given to patient met the required standard – common cause that there was no negligence in the performance of elected surgery – appeal dismissed
Media Summary

Ratlou v Man Financial Services (1309/2017) [2019] ZASCA 49 (01 April 2019)
Lease agreement – whether a settlement agreement constituted a credit transaction in terms of the National Credit Act 34 of 2005 (the NCA) – underlying rental agreements excluded from provisions of the NCA as they were large transactions concluded with a corporate entity and secured by a suretyship – on a literal interpretation of s 8(4)(f) of the NCA the settlement agreement constituted a credit transaction – results of that so absurd that it could not have been intended by the legislature – inimical to the purposes of the NCA – provisions of the NCA did not apply – cross-appeal succeeded.
Media Summary

Cooper v The State (285/2018) [2019] ZASCA 50 (1 April 2019)
Criminal Procedure – appeal against convictions and sentence – leave to appeal refused by magistrate – petition refused by the court a quo – the test is whether the appellant has shown reasonable prospect of success on appeal against the convictions and sentence.

Nceba Tyhulu v The State (1173) [2019] ZASCA 51 (1 April 2019)
Criminal Procedure – Appeal against a refusal to grant leave to appeal on petition – issue to be decided is whether the appellant has a reasonable prospect of success on appeal and not the merits of the appeal.

Jason Naidoo v The State (333/2018) [2019] ZASCA 52 (1 April 2019)
Evidence – single child witness who was under the influence of alcohol at the time of the alleged sexual assault and attempted murder – corroboration and evidential duties in criminal trials.

CDH Invest NV v Petrotank South Africa (Pty) Ltd & others (483/2018) [2019] ZASCA 53 (1 April 2019)
Validity of directors resolution in terms of s 74 of Companies Act 71 of 2008 – the powers of directors when increasing the authorised shares of a company in terms of s 36(2)(b) and (3) of the Act.
Media Summary

Mamela Maqhula v The State (508/18) [2019] ZASCA 54 (1 April 2019)
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 by high court.

JJPC Brand Administrators & another v Lombard & others (1223/2017) [2019] ZASCA 55 (1 April 2019)
Road – portion of public road closed – whether remaining portion a public road depends on circumstances.
Servitude – relocation of defined servitude of right of way at instance of servient owner – not permissible if proposed new route would be less convenient, less practical or more expensive to dominant owner.
Media Summary

Mkhize v S (390/18) [2019] ZASCA 56 (1 April 2019)
Criminal law – deceased assaulted whilst being interrogated by policemen – police officers present in the room – not disputed – appellants not testifying – failure to put version to state witnesses – prima facie case of State strengthened – duty of cross examiner – explained – duty in law of police officers present and who witnessed but did not participate in the assault to put a stop to it – common purpose established – Sentence – correctional supervision inappropriate – high court altered the sentence – no misdirection – sentence of 7 years of which 2 years suspended for 5 years – confirmed on appeal.
Published: Mon, 01 Apr 2019 13:08:44 GMT
New Supreme Court of Appeal Judgments 2019 (11)
Segwati v The State (620/2018) [2019] ZASCA 35 (29 March 2019)
Criminal Procedure – sentence – appellant’s previous convictions impermissibly taken into account despite s 271A of the Criminal Procedure Act 51 of 1977 – parties agreed sentence imposed at first instance cannot stand.

Sizazonke Electrical CC v Eskom Holdings (222/2018) ZASCA 36 (29 March 2019)
Contract – damages for loss of profits – what constitutes repudiation – respondent lawfully cancelled contracts due to misconduct committed by first appellant – no repudiation proven – appeal dismissed and decision of court a quo dismissing appellants’ claim upheld.

Dennegeur Estate v Telkom (366/2018) [2019] ZASCA 37 (29 March 2019)
Spoliation – Electronic Communications Act 36 of 2005 – installation by Telkom of copper cables in portion of underground plastic sleeves, the property of the land owner, does not amount to possession – installation by Vodacom of optic fibre cables in the same sleeves did not disturb Telkom’s use – does not amount to spoliation.
Media Summary

Bergrivier Municipality v Van Ryn Beck (1269/2017) [2019] ZASCA 38 (29 March 2019)
Delictual claim for damages – whether in prevailing circumstances Municipality had a legal duty to take steps to prevent flooding of property – lack of evidence – negligence, wrongfulness and causation not established.
Media Summary

Jalite (Pty) Ltd v Shanghai Furniture Import & Export (223/2018) [2019] ZASCA 39 (29 March 2019)
Appeal - interference with trial court’s factual findings not justified – lease agreement – alleged material misrepresentation not established – lessee not entitled to cancel the lease.

Johannesburg Society of Advocates v Edeling (326/2018) [2019] ZASCA 40 (29 March 2019)
Advocate - re-admission and re-enrolment – whether applicant a fit and proper person to be admitted as an advocate - applicant struck off the roll for serious dishonesty - needing to show genuine, complete and permanent reformation.

SAMWU PF v Umzimkhulu Local Municipality (297/2018) [2019] ZASCA 41 (29 March 2019)
nterpretation of rules 3.2.1 and 11.11 of provident fund – termination of membership – precluded whilst in service with Municipality – Pension Funds Act 24 of 1956 – s 13A(5) – transfer of individual benefits – only applicable if membership terminated in terms of rules of Fund – s 14 and rule 11.11 – not applicable to individual termination of membership and transfer of benefits – rights to freedom of association of Municipality and employees – not infringed by restriction on termination of membership.

MEPF v SAMWU PF (1412/2018) [2019] ZASCA 42 (29 March 2019)
Interpretation of rules 3.2.1 and 11.11 of provident fund – termination of membership – precluded whilst in service with Municipality – Pension Funds Act 24 of 1956 – s 13A(5) – transfer of individual benefits – only applicable if membership terminated in terms of rules of Fund – s 14 and rule 11.11 – not applicable to individual termination of membership and transfer of benefits – right to freedom of association of employees and right to freedom of trade of Pension Fund – not infringed by restriction on termination of membership.

Mabaso v National Commissioner of Police & another (1222/2017) [2019] ZASCA 43 (29 March 2019)
State – actions against – s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – interpretation thereof – whether by necessary implication there is a duty on an organ of state receiving notice in terms of s 3 to make a decision to accept, reject or settle claim prior to commencement of litigation.

Vela v Efora Energy Limited (385/2018) [2019] ZASCA 44 (29 March 2019)
Resignation of Chief Executive Officer – claim by company for repayment of outstanding PAYE - counter-claim by Chief Executive Officer for leave pay, bonus payment – damages consequent on loss of share options

Carneiro v S (425/18) [2019] ZASCA 45 (29 March 2019)
Criminal Law – appeal against conviction and sentence – right to speedy and fair trial – extends to appeal process – need for reasonable expedition – principles not adhered to. Evidence – adequacy of proof – State witnesses’ evidence riddled with improbabilities – failure to secure ballistic evidence – trial court misdirected itself – State failed to prove guilt of accused beyond reasonable doubt – appeal upheld – conviction and sentence set aside.
Published: Mon, 01 Apr 2019 12:35:13 GMT
New Supreme Court of Appeal Judgments 2019 (3)
Oregon Trust v BEADICA 231 CC (74/2018) [2019] ZASCA 29 (28 March 2019)
The enforcement of terms of lease agreements leading to their termination was not contrary to public policy as being unconscionable in the particular circumstances of the case.

FirstRand Bank Ltd v Nedbank Ltd (1249/2017) ZASCA 47 (29 March 2019)
Contract – interpretation of cancellation clauses in Invoice Discounting Agreement and Security Cession – effects of out and out cession considered – Invoice Discounting Agreement bestowed full ownership in Nedbank for book debts delivered to it before its cancellation – cancellation of a contract not affecting accrued rights under it.
Media Summary

DG Department of Home Affairs v De Saude Attorneys (1211/2017) [2019] ZASCA 46 (29 March 2019)
Application to compel the Department of Home Affairs to process applications and appeals within the structure of the Immigration Act 13 of 2002 and the South African Citizenship Act 88 of 1995 after prolonged delays – Department unjustifiably challenging locus standi of attorneys acting on behalf of affected individuals – challenge to jurisdiction of court without merit – institutional dysfunction and failure to meet statutory and constitutional obligations criticised.
Published: Mon, 01 Apr 2019 12:18:57 GMT
Supreme Court of Appeal: Bulletin 2 of 2019 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Fri, 29 Mar 2019 12:52:46 GMT
Court Roll: 2019/02 Amendment
Court Roll for May 2019 amendment
Published: Fri, 29 Mar 2019 12:49:45 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Viljoen v S (663/18) [2019] ZASCA 22 (27 March 2019)
Criminal Law and Procedure – purchasing unpolished diamonds in contravention of s 20 of the Diamonds Act 56 of 1956 – admissibility of evidence – whether police trap went beyond providing an opportunity to commit offences – s 252A(1) of the Criminal Procedure Act 51 of 1977 – evidence admissible – appeal dismissed.
Published: Wed, 27 Mar 2019 08:44:16 GMT
New Supreme Court of Appeal Judgments 2019 (2)
National Home Builders Registration Council v Michiel Wessel Adendorff & others (406/2018/) [2019] ZASCA 20 (26 March 2019)
Housing - whether a trust is a ‘home builder’ in terms of sections 1 and 10(1) of the Housing Consumers Protection Measures Act 95 of 1998.
Media Summary

Born Free Investments 247 (Pty) Ltd v Kriel NO (1183/17) [2019] ZASCA 21 (26 March 2019)
Interpretation of court orders – special leave – whether final order confirmed provisional order – whether failure to obtain leave of court prior to institution of action rendered the action a nullity
Media Summary
Published: Tue, 26 Mar 2019 11:51:01 GMT
Supreme Court of Appeal: Bulletin 2 of 2019
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Tue, 26 Mar 2019 10:27:04 GMT
New Court Roll: 2019/02
Court Roll for May 2019
Published: Tue, 26 Mar 2019 10:18:07 GMT
New Supreme Court of Appeal Judgments 2019 (2)
Gridmark CC v Razia Trading CC (349/18) [2019] ZASCA 18 (25 March 2019)
Contract: whether compromise was effected.

Tadvest Industrial (Pty) Ltd v Anthea Hanekom & others (83/2018) [2019] ZASCA 19 (25 March 2019)
Section 16(1)(b) of Superior Courts Act 10 of 2013 – appeal from decision of high court sitting as an appeal court – special leave of Supreme Court of Appeal required – s 16(1)(c) of the Superior Courts Act – appeal from decision of Land Claims Court sitting as appeal court – leave to appeal granted by Land Claims Court – s 22(2)(a) of the Restitution of Land Rights Act 22 of 1994 – powers of Land Claims Court limited to powers of high court – special leave of Supreme Court of Appeal required – absence of jurisdiction – each appeal is struck from the roll.
Media Summary
Published: Mon, 25 Mar 2019 11:04:41 GMT
New Supreme Court of Appeal Judgments 2019 (4)
Africa Charter Airline v AviSys (421/2018) [2019] ZASCA 16 (22 March 2019)
Aviation – interpretation of aircraft maintenance manual – overhaul of main landing gear of aircraft – language, purpose and context of manual indicate obligation to remove cadmium plating – appeal upheld.

Benhaus Mining v CSARS (165/2018) [2019] ZASCA 17 (22 March 2019)
A company that excavates ground and digs up mineral-bearing ore for a fee on delivery to another entity that processes the ore, undertakes mining operations within the meaning of ss 1 and 15(a) of the Income Tax Act 58 of 1968. It is thus entitled to claim deductions of the full amount of capital expenditure on mining equipment in the tax year in which it is incurred, in terms of s 36(7C) of the Act.
Media Summary

Raubex Construction v Bryte Insurance Company (337/2018) [2019] ZASCA 14 (20 March 2019)
Construction contract – retention guarantee issued by insurance company in lieu of retention money – construction company calling on insurer to make payment – insurer contending that guarantee limited to defects arising after issue of certificate of completions, that amount claimed not a correct estimate of cost of remedying such defects and that the claim was fraudulent – on proper interpretation of main and subcontract, retention guarantee related to all defects and not only those arising after certificate of completion – fraud not established – insurer liable.
Media Summary

Ketzer v Gardens Lodge Body Corporate (1073/17) [2019] 15 ZASCA (20 March 2019)
Rule 14(1) of the magistrates’ court rules – interest rightly disputed – calculation of capital amount claimed – inextricably linked to interest claimed – summary judgment refused.
Published: Fri, 22 Mar 2019 11:32:05 GMT
New Supreme Court of Appeal Judgments 2019 (3)
Theron v Premier, Western Cape (1310/2017) [2019] ZASCA 6 (8 March 2019)
Interpretation of an employment contract: contract for fixed duration, but with right to terminate for employer and employee on one month’s notice; where employer ceased to exist, contract terminable by body that assumed liability, on one month’s notice.

Van Staden and Others NNO v Pro-Wiz (Pty) Ltd (412/2018) [2019] ZASCA 7 (8 March 2019)
Business rescue application – close corporation in liquidation – liquidators cited as respondents – entitled to oppose application – service on corporation to be effected on liquidators – s 131(6) of Companies Act 71 of 2008 not disentitling the liquidators from opposing the application – proceedings brought in order to prevent interrogation under s 418 of Companies Act 61 of 1973 and delay winding up – such an abuse of process justifying a punitive order for costs.
Media Summary

Cook v Morrison (1319/2017) [2019] ZASCA 08 (8 March 2019)
Appeal – application for special leave – dismissal of – reconsideration in terms of 17(2)(f) of Superior Courts Act – such to be considered by ‘court’ constituted in terms of s 13(1), not by two judges of appeal who initially dismissed it.
Appeal – application for special leave – need for special circumstances – applicant not having reasonable prospects of success – even if he had such, no special circumstances justifying grant of special leave.
Prescription – meaning of ‘debt’ – such includes obligation by contracting party to make restitution of money or property following cancellation for repudiation.
Prescription – semble – if prescription adjudicated on assumption that plaintiff’s pleaded allegations correct, permissible to decide matter with reference to plaintiff’s primary factual allegations, disregarding alternatives.
Prescription – s 13(1)(d) of Prescription Act – relationship between co-shareholders in company not one of ‘partnership’.
Media Summary

Published: Fri, 08 Mar 2019 12:01:14 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Polokwane Local Municipality v Granor Passi (Pty) Ltd (289/2018) [2019] ZASCA 5 (1 March 2019)
Review – sale of land by municipality in 1988 – property not transferred to purchaser – municipality resolving that purchaser had provided insufficient proof that the purchase price had been paid – on that basis resolving not to transfer land to purchaser – decision reviewable on grounds of material error of fact – all evidence showed price had been paid – decision set aside and referred back to municipality – factors to be taken into account in deciding whether to proceed with transfer.
Media Summary
Published: Tue, 05 Mar 2019 07:34:50 GMT
New Supreme Court of Appeal Judgments 2019 (1)
Purlish Holdings v The Commissioner for the South African Revenue Service (76/18) [2019] ZASCA 04 (26 February 2019)
Appeal against imposition of understatement penalties – the appellant’s conduct fell within the category listed in items (a) to (d) of the definition of ‘understatement’ in s 221 of the Tax Administration Act – SARS suffered prejudice – no bona fide or inadvertent error – the imposition of penalties was justified – the increase of understatement penalties by the Tax Court incompetent and set aside.
Published: Tue, 26 Feb 2019 10:15:41 GMT
New Supreme Court of Appeal Judgments (1)
Tutton v The State (294/18) [2019] ZASCA 03 (20 February 2019)
Non-parole order under s 276B of the Criminal Procedure Act not to be lightly imposed unless justified by circumstances relating to parole - parties should be forewarned of the intention to make such an order and be invited to present oral argument on the specific issue.
Published: Fri, 22 Feb 2019 08:34:30 GMT
New Supreme Court of Appeal Judgments (1)
Recycling and Economic Development Initiative of South Africa v The Minister of Environmental Affairs (1260/2017 and 188/2018) and Kusaga Taka Consulting (Pty) Ltd v The Minister of Environmental Affairs (1279/2017 and 187/2018) [2018] ZASCA 01 (24 January 2019)
Application to wind up solvent companies in terms of s 81 of Companies
Act 71 of 2008 (the 2008 Act); whether Minister of Environmental Affairs may invoke
s 157(1)(d) of the Act for standing in the public interest – whether ex parte proceedings and failure to disclose material facts warrants discharge of provisional orders – whether just and equitable for companies to be wound up.
Media Summary
Published: Thu, 07 Feb 2019 08:35:47 GMT
New Supreme Court of Appeal Judgments (1)
MV Seaspan Grouse: Seaspan Holdco 1 Ltd v MS Mare Traveller Schiffahrts GmbH (376/18) [2019] ZASCA 02 (1 February 2019)
Admiralty – s 3(4) of Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA) – in rem action based on in personam liability of owner of ship – arrest of associated ship – s 3(7) of AJRA requiring that associated ship be owned at commencement of action by person personally liable on claim – s 1(2) of AJRA – commencement of action date on which process instituting action served in terms of s 1(2)(a)(i).
Media Summary
Published: Mon, 04 Feb 2019 14:47:29 GMT
Amended Court Roll: 2019/01
Amended Court Roll for Feb/Mar 2019
Published: Mon, 04 Feb 2019 14:41:10 GMT
Supreme Court of Appeal: Bulletin 1 of 2019 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Mon, 04 Feb 2019 14:40:29 GMT
New Supreme Court of Appeal Judgments (2)
The Refugee Appeal Board of South Africa and others v Mukungubila (185/2018) [2018] ZASCA 191 (19 December 2018)
Immigration – Refugees Act 130 of 1998 – application for asylum – excluded by Refugee Status Determination Officer in terms of s 4(1)(a) and (b) of the Act – failure to make finding that asylum application rejected because it was manifestly unfounded, abusive or fraudulent or rejected as unfounded under s 24(3)(b) or (c) of the Act and set out reasons therefor a reviewable irregularity – exclusion decisions under s 4(1)(1)(a) and (b) subject to the internal remedies of the Act and asylum seeker entitled to appeal to Refugee Appeal Board – requirements for the grant of declaratory relief restated – court not in as good a position as the Refugee Appeal Board to decide asylum application and matter to be remitted to it to determine appeal.

Stow v Regional Magistrate PE NO & others; Meyer v Cooney NO & others (911/2017; 047/2018) [2018] ZASCA 186 (12 December 2018)
Section 297 of the Criminal Procedure Act 51 of 1977 (CPA) – whether the court a quo was correct in dismissing the review application – whether the decision of the magistrate to put the suspended sentence into operation is appealable in terms s 309(1) of the CPA.
Media Summary
Published: Mon, 07 Jan 2019 10:10:57 GMT
New Supreme Court of Appeal Judgments (2)
Haarhoff & another v Director of Public Prosecutions, Eastern Cape (1192/17) [2018] ZASCA 184 (11 December 2018)
Admonition in terms of s 164 of Criminal Procedure Act – procedure to be followed – competence discrete enquiry – whether witness understands what it means to speak the truth – unchallenged evidence of expert and examination by court - test satisfied.
Media Summary

The Law Society of the Northern Provinces v Morobadi (1151/2017) [2018] ZASCA 185 (11 December 2018)
Attorney – application for removal from roll of attorneys – attorney administering deceased estate allegedly improperly charging a fee pursuant to a contingency fee agreement –admitted unauthorised ‘loan’ from estate bank account –further allegations of fraudulent conduct -whether the high court misconstrued its role under s 22(1)(d) of the Attorneys Act – whether interim suspension order appropriate to protect interests of the public pending full investigation
Published: Wed, 12 Dec 2018 13:14:56 GMT
New Supreme Court of Appeal Judgments (5)
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

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

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.

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

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.
Published: Fri, 07 Dec 2018 11:07:55 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Fri, 07 Dec 2018 10:02:38 GMT
Update to Practice Direction 1/2018
Update to Practice Direction 1/2018: Applications lodged in accordance with section 17(2)(f) of the Superior Courts Act, 10 of 2013...
Published: Fri, 07 Dec 2018 08:19:44 GMT
New Supreme Court of Appeal Judgments (3)
Louis Pasteur Holdings (Pty) Ltd & others v Absa Bank Limited & others (1119/2017 & 1120/2017) [2018] ZASCA 163 (29 November 2018) Media Summary

Leonard Thandlibufile Ntuili v The State, (457/2018) [2018] ZASCA 164 (29 November 2018)

Elan Bouvevard (Pty) Ltd v Fnyn Investments (Pty) Ltd & Others (228/2018) [2018] ZASCA 165 (29 November 2018) Media Summary
Published: Wed, 05 Dec 2018 13:48:51 GMT
New Supreme Court of Appeal Judgments (10)
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.

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

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.

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

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.

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

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.

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

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

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.
Published: Wed, 05 Dec 2018 10:49:49 GMT
New Supreme Court of Appeal Judgments (7)
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.

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

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

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

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

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.

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.
Published: Tue, 04 Dec 2018 13:25:06 GMT
New Court Roll: 2019/01
Court Roll for Feb/Mar 2019
Published: Thu, 29 Nov 2018 11:43:18 GMT
Supreme Court of Appeal: Bulletin 1 of 2019
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Thu, 29 Nov 2018 10:44:46 GMT
Correction: Supreme Court of Appeal Judgments (1)
Reno Moyo v The State (848/18) [2018] ZASCA 157 (23 November 2018)
Published: Thu, 29 Nov 2018 09:15:08 GMT
Update to Practice Direction 1/2018
Update to Practice Direction 1/2018: Applications lodged in accordance with section 17(2)(f) of the Superior Courts Act, 10 of 2013...
Published: Wed, 28 Nov 2018 09:24:54 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Mon, 26 Nov 2018 12:58:34 GMT
Address by Chief Justice Mogoeng Mogoeng: “The Judicial Accountability Session”
“The Judicial Accountability Session”, address by Chief Justice Mogoeng Mogoeng at the presentation of the Judiciary Annual Report 2017/18 at the Constitutional Court, 23 November 2018

Published: Mon, 26 Nov 2018 09:58:06 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Fri, 23 Nov 2018 08:12:10 GMT
New Supreme Court of Appeal Judgments (2)
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

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
Published: Thu, 22 Nov 2018 11:55:08 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Wed, 21 Nov 2018 14:43:43 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Fri, 09 Nov 2018 10:57:06 GMT
Correction: Supreme Court of Appeal Judgments (1)
Botha v The State (1074/2017) ZASCA 149 (01 November 2018) - Correction on par. 51 where the word defender is replaced by attacker.
Published: Thu, 08 Nov 2018 13:46:51 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Thu, 08 Nov 2018 12:57:48 GMT
Speech by President Maya: Judicial and Legal Responses to Gender Based Violence and Femicide
Speech by President Maya on "Judicial and Legal Responses to Gender Based Violence and Femicide" delivered at the Gender Based Violence and Femicide Summit, held in Pretoria, 01 November 2018
Published: Thu, 08 Nov 2018 12:32:31 GMT
Practice Direction 1/2018
Applications lodged in accordance with section 17(2)(f) of the Superior Courts Act, 10 of 2013.
Published: Thu, 08 Nov 2018 12:28:50 GMT
New Supreme Court of Appeal Judgments (4)
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

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.

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

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
Published: Fri, 02 Nov 2018 09:38:01 GMT
Public Lecture: Helen Kanzira Memorial Lecture
Helen Kanzira Memorial Lecture by Justice Maya, President Of The Supreme Court Of Appeal, University Of Venda, 19 September 2018
Published: Tue, 16 Oct 2018 13:39:37 GMT
New Supreme Court of Appeal Judgments (5)
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.

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

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

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

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.
Published: Tue, 16 Oct 2018 12:54:57 GMT
New Supreme Court of Appeal Judgments (5)
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.

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.

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.

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.

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.
Published: Tue, 16 Oct 2018 12:27:58 GMT
New Supreme Court of Appeal Judgments (8)
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.


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.

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’.

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.

Rossouw v Hanekom (741/2017) [2018] ZASCA 134 (28 September 2018)
Contract – claim for damages – fraudulent misrepresentation and non- disclosure established.

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.

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.

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.
Published: Tue, 16 Oct 2018 12:01:34 GMT
New Supreme Court of Appeal Judgments (10)
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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
Published: Tue, 16 Oct 2018 11:32:05 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Mon, 15 Oct 2018 13:15:03 GMT
New Supreme Court of Appeal Judgments (13)
Ngobeni v The State (1041/2017) ZASCA 127 (27 September 2018)

Gumbi v The State (414/2017) [2018] ZASCA 125 (26 September 2018) Media Summary

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)

Bhola & others v The State (800/18; 123/2018; and 346/18) [2018] ZASCA 121 (21 September 2018)

Buffalo City v Nurcha Development Finance (378/2017) [2018] ZASCA 122 (21 September 2018)
Media Summary

Magqeya v MEC for Health, Eastern Cape (699/17) [2018] ZASCA 141 (1 October 2018)

Umfolozi Sugar Planters Limited v Isimangaliso Wetland Park Authority (873/2017) [2018] ZASCA 144 (1 October 2018) Media Summary

Commissioner for the South African Revenue Service v Digicall Solutions (Pty) Ltd (927/2017) [2018] ZASCA 137 (28 September 2018)

Commissioner, South African Revenue Service v Pieters and others (1026/17) [2018] ZASCA 128 (27 September 2018)

CSARS v Amawele Joint Venture CC (908/2017) [2018] ZASCA 115 (19 September 2018)

CSARS v Volkswagen S A (Pty) Ltd (1028/2017) [2018] ZASCA 116 (19 September 2018)

Centre for Child Law & others v Media 24 Limited & others (871/17) [2018] ZASCA 140 (28 September 2018)

CSARS v Respublica (Pty) Ltd (1025/2017) [2018] ZASCA 109 (12 September 2018)
Published: Thu, 11 Oct 2018 12:58:34 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Tue, 24 Jul 2018 07:15:58 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Tue, 10 Jul 2018 09:30:22 GMT
New Court Roll: 2018/03 Amendment
Amended Court Roll for Aug/Sep 2018
Published: Tue, 19 Jun 2018 23:03:23 GMT
Supreme Court of Appeal: Bulletin 3 of 2018
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Tue, 19 Jun 2018 21:54:06 GMT
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.
Published: Tue, 19 Jun 2018 20:19:15 GMT
New Reports
Visit and Report on St Petersburg International Legal Forum, 15 – 18 May 2018 by Maya P, Tshiqi and Zondi JJA

Visit and Report to Beijing, China by South African Heads of Courts’ Delegation led by Chief Justice Mogoeng: 30 March 2018 – 07 April 2018
Published: Fri, 08 Jun 2018 13:42:16 GMT
New Supreme Court of Appeal Judgments (4)
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

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

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.

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.

Published: Wed, 06 Jun 2018 12:08:43 GMT
New Court Roll: 2018/03
New Court Roll for Aug/Sep 2018
Published: Mon, 04 Jun 2018 10:40:10 GMT
New Supreme Court of Appeal Judgments (17)
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

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

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.

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

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

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

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.

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

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.

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.

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

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.

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

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

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

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

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.
Published: Fri, 01 Jun 2018 12:20:26 GMT
New Supreme Court of Appeal Judgments (2)
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

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
Published: Thu, 31 May 2018 11:51:06 GMT
New Supreme Court of Appeal Judgments (9)
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).

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

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.

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.

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.

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.

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.

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.

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.
Published: Thu, 31 May 2018 11:12:10 GMT
New Supreme Court of Appeal Judgments (3)
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.

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.

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.
Published: Fri, 25 May 2018 12:27:44 GMT
Public Lecture: Womens' Parental Rights in Ulwaluko - A Parodox?
Womens' Parental Rights in Ulwaluko - A Parodox? by Judge Dambuza JA on 24 April 2018 at Rhodes University, Grahamstown
Published: Tue, 22 May 2018 12:29:53 GMT
New Supreme Court of Appeal Judgments (4)
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

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

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.

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.
Published: Tue, 22 May 2018 11:59:36 GMT
New Supreme Court of Appeal Judgments (2)
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.

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
Published: Mon, 21 May 2018 11:28:42 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Fri, 18 May 2018 11:36:07 GMT
Amendment Supreme Court of Appeal Judgments (1)
CSARS v Danwet (399/2017) [2018] ZASCA 38 (28 March 2018)
Published: Fri, 11 May 2018 10:07:22 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Thu, 10 May 2018 13:26:18 GMT
Finalists for the third biennial Columbia University Global Freedom of Expression Prize
Finalists for the third biennial Columbia University Global Freedom of Expression Prize in the Significant Legal Ruling category by Lewis JA (Cachalia, Tshiqi, Swain and Zondi JJA concurring), 2018
Published: Thu, 03 May 2018 12:43:51 GMT
Supreme Court of Appeal Amended Court Roll: 2018/02
Amended Court Roll for May 2018
Published: Thu, 26 Apr 2018 09:09:28 GMT
Supreme Court of Appeal: Bulletin 2 of 2018 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Wed, 25 Apr 2018 13:22:53 GMT
New Supreme Court of Appeal Judgments (1)
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.

Published: Wed, 18 Apr 2018 12:03:01 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Tue, 17 Apr 2018 08:52:11 GMT
New Supreme Court of Appeal Judgments (1)
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

Published: Thu, 12 Apr 2018 10:38:30 GMT
New Supreme Court of Appeal Judgments (3)
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

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

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.
Published: Mon, 09 Apr 2018 20:20:05 GMT
Supreme Court of Appeal Amended Court Roll: 2018/02
Amended Court Roll for May 2018
Published: Fri, 06 Apr 2018 14:16:19 GMT
Supreme Court of Appeal: Bulletin 2 of 2018 amended
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Fri, 06 Apr 2018 14:07:04 GMT
New Conference Papers
The Rule of Law and Legal Reasoning, International Advocacy Training Conference in Stellenbosch, 03 April 2018

Can judges (and ombuds) overreach, World Bar Conference under the auspices of the International Council for Advocates and Barristers in Stellenbosch, 30 March 2018
Published: Thu, 05 Apr 2018 10:58:37 GMT
New Supreme Court of Appeal Judgments (4)
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

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

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

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
Published: Tue, 03 Apr 2018 12:36:32 GMT
New Supreme Court of Appeal Judgments (1)
Adv A J du Toit N O obo Ntsikelelo Mafanya v Road Accident Fund (140/2017) [2018] ZASCA 42 (28March 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
Published: Tue, 03 Apr 2018 09:09:51 GMT
New Supreme Court of Appeal Judgments (16)
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

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.

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

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

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

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.

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

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

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

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

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.

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.

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.

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

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

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
Published: Thu, 29 Mar 2018 14:37:05 GMT
New Supreme Court of Appeal Judgments (5)
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

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.

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.

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.

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
Published: Tue, 27 Mar 2018 19:34:37 GMT
New Supreme Court of Appeal Judgments (3)
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.

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.

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
Published: Fri, 23 Mar 2018 12:56:19 GMT
New Court Roll: 2018/02
New Court Roll for May 2018
Published: Fri, 23 Mar 2018 11:59:27 GMT
Supreme Court of Appeal: Bulletin 2 of 2018
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Fri, 23 Mar 2018 11:10:35 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Mon, 19 Mar 2018 09:33:32 GMT
New Supreme Court of Appeal Judgments (2)
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.

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
Published: Fri, 16 Mar 2018 12:26:18 GMT
Update: History
Updates made to the "History" page
Published: Thu, 15 Mar 2018 13:49:55 GMT
Update: About Us
Updates made to the "About Us" page
Published: Thu, 15 Mar 2018 13:49:10 GMT
New Supreme Court of Appeal Judgments (5)
Khoza 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

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

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

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

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.

Published: Thu, 15 Mar 2018 13:05:43 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Thu, 08 Mar 2018 11:58:40 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Tue, 06 Mar 2018 14:32:12 GMT
New Supreme Court of Appeal Judgments (1)
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.

Published: Mon, 05 Mar 2018 11:42:22 GMT
Amended Court Roll: 2018/01
Amended Court Roll for February/March 2018
Published: Mon, 05 Mar 2018 08:46:46 GMT
New Supreme Court of Appeal Judgments (2)
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.

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
Published: Fri, 02 Mar 2018 11:17:34 GMT
New Supreme Court of Appeal Judgments (2)
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.

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.
Published: Wed, 28 Feb 2018 17:17:11 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Fri, 16 Feb 2018 09:44:15 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Wed, 14 Feb 2018 11:21:10 GMT
New Supreme Court of Appeal Judgments (1)
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.
Published: Mon, 05 Feb 2018 08:55:09 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Fri, 19 Jan 2018 11:10:00 GMT
New Supreme Court of Appeal Judgments (1)
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
Published: Fri, 19 Jan 2018 09:13:25 GMT
New Court Roll: 2018/01
New Court Roll for February/March 2018
Published: Thu, 11 Jan 2018 10:08:44 GMT
Supreme Court of Appeal: Bulletin 1 of 2018
CONTENT OF BULLETIN:
* Judgments Reserved
* Cases enrolled for Hearing
* Appeals disposed of without written reasons
Published: Thu, 11 Jan 2018 08:33:26 GMT
Updated: Wed, 16 Oct 2019 15:10:29 GMT
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