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Skip to main content. This service is more advanced with JavaScript available. Advertisement Hide. This process is experimental and the keywords may be updated as the learning algorithm improves. Calculation of income for the unexpired period of an unlawfully terminated agreement- such task inherently speculative — court obliged to make an award if there is credible evidence. Criminal Law and Procedure: appeal to high court against conviction of rape: after notice to appellant sentence increased to life imprisonment: court entitled to increase sentence in terms of s 3 of the Criminal Procedure Act 51 of sentence disproportionate: sentence of regional court reinstated.

Criminal law and procedure — evidence obtained contrary to the provisions of s 35 of the Constitution — appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant — convictions and sentences set aside. Criminal Law — appellant convicted of one count of robbery with aggravating circumstances read with s 51 2 of the Criminal Law Amendment Act of and two counts of attempted murder based on common purpose.

No allegations of common purpose in the charge sheet. Contract — whether contract can be terminated without entering into negotiations — duty to negotiate in good faith — appellant not obliged to renew lease agreement — application for eviction upheld — not competent for court to import term not intended by parties simply on the basis of ubuntu. Mineral and Petroleum Resources Development Act 28 of — s16 read with Item 8 of Schedule 2 — Department of Mineral Resources granting rights to two different entities in respect of same land and minerals — once the holder of an unused old order right submits an application within the one year exclusivity period, both the unused old order right and the exclusivity which it confers remain extant until the application is either granted and dealt with in terms of s 17 or refused - where the application is made but neither granted nor refused the unused old order right and its exclusivity period endure — that precludes the acceptance and processing of the later application.

Delict — action for damages — loss of support — dependant's action — breadwinner died as a result of own negligence — single vehicle accident — wrongfulness not established against the Road Accident Fund — appeal dismissed. Costs — Biowatch principle applicable to costs in court a quo and on appeal as between Minister and Normandien, ie parties to bear their own costs. Appeals — practice — papers in opposed interlocutory applications to be indexed and paginated.

Application for condonation — late filing of and reinstatement of lapsed appeal — inadequacy of explanation - delay unreasonable and would result in inordinate miscarriage of justice - no prospects of success — application dismissed. Application for leave to appeal to this court from Electoral Court in matters involving municipal elections - leave granted - objections in one matter not material - in the other incorrect conclusions of fact - appeals upheld - Electoral Commission decisions confirmed. Application for rescission — whether applicant an affected party as contemplated in Rule 42 1 a of the Uniform Rules of Court — whether rescission appealable.

Criminal law and procedure: Criminal Procedure Act 51 of , s application for leave to appeal by State on question of law: acquittal of accused: trial court finding that State failed to prove guilt of accused beyond reasonable doubt: such finding a result of the trial court applying a wrong test in evaluating evidence: such error constituting a question of law. Criminal law and procedure — murder — appeal against sentence arising from conviction of murder dolus eventualis — sentence of six years' imprisonment inappropriate — Increased to 13 years and 5 months' imprisonment on appeal.

Defence Act 42 of — Section 59 3 — deemed dismissal of member after absence of 30 days — re-instatement of member on good cause shown — board of enquiry making recommendation to Chief of SANDF not to re-instate member — member not given opportunity to participate in proceedings of board of enquiry, contrary to s of Act — decision of Chief of SANDF not to re-instate member correctly set aside by court below on account of procedural unfairness — order of re-instatement of member incorrectly made and set aside.

Criminal law and procedure — application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of — application for leave to appeal pending at promulgation of Act 10 of — Act not only regulating procedural issues but substantive rights as well — prospective only — applicable legislation Supreme Court Act 59 of Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language, context, purpose, background: whether interpretation of agreement commercially sensible: whether the manner in which parties gave effect to the agreement accorded with proper interpretation.

Condonation application — pleadings — exception — National Student Financial Aid Scheme Act 56 of precluding oral agreement between NSFAS and service provider directly or through agent on behalf of NSFAS — exception correctly upheld by high court — no prospects of success — condonation application dismissed with costs.

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Criminal procedure — refusal of discharge in terms of s — court a quo did not act irregularly by refusing discharge — there was evidence on which a reasonable court might convict. Criminal procedure — whether State proved beyond reasonable doubt that appellant shot deceased and that deceased did not commit suicide — excluding evidence adduced pursuant to irregular reopening, such guilt established Gorven AJA, Cachalia JA concurring, Rogers AJA dissenting On all the evidence, including evidence adduced pursuant to reopening, such guilt established Mbatha AJA, Mokgohloa concurring.

Locus standi: Beneficial owners of shares in a company not eligible to join as co-applicants with relevant nominees holding the shares on their behalf and subject to their instructions. Decision by Acting National Director of Public Prosecutions to discontinue prosecution — whether decision wanting for invocation and reliance on inapposite provision of the Constitution— whether decision rational — manner in which NPA conducted litigation deserving of judicial censure. Rescission of default judgment —— Uniform Rules of Court 31 2 a and b —court of appeal may only interfere if power not properly exercised — court a quo erred - bona fide defence — carries prima facie reasonable prospects of success — appeal succeeds with costs.

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Law of Delict — Damages — appellant falling off the train and sustaining bodily injuries when jostled by fellow passengers — claim based on negligent omission — negligence proved — dissent — appellant injured not by train on which he had fallen off — no proof of patrimonial or legal causation of harm. Appeal against costs — s 16 2 a i and ii of the Superior Courts Act 10 of — whether there are exceptional circumstances justifying a consideration of the matter with reference to the issue of costs — whether the Land Claims Court properly exercised its discretion in relation to the award of costs — appeal dismissed with costs.

Forfeiture of property : Section 50 1 of the Prevention of Organised Crime Act of : whether property, a lifting platform and equipment alleged to have been stolen, susceptible to seizure : whether NDPP ought to have become involved in commercial dispute. Immovable property : title deed : registered condition entitling developer to have property re-transferred to it in certain circumstances : this a personal not real right, capable of prescribing. Road Accident Fund Act 56 of : undertaking to pay future services under s 17 4 a of that Act : undertaking may be given in respect of the cost of providing a domestic assistant.

Application for leave to appeal in terms of 17 2 d of the Superior Courts Act 10 of granted — in relation to merits of the appeal — claim for specific performance of a written agreement between independent contractor and the South African Broadcasting Corporation SABC — SABC ordered to comply with written agreement — SABC has to conduct itself within constitutional parameters and within its statutory mandate — Broadcasting Act 4 of Criminal Law and Procedure: appeal by NDPP against conviction in terms of the Criminal Procedure Act 51 of CPA : the respondent charged with murder read with s 51 2 of the Criminal Law Amendment Act of found guilty of culpable homicide based on his statement in terms of s of the CPA: reserved question of law: probative value of a statement made in terms of s 2 a of the CPA.

National Prosecuting Authority Act 32 of — whether discretion in terms of s 41 6 properly exercised by the National Director of Public Prosecutions in refusing to grant permission to publish record of investigation in terms of s Murder — cause of death — expert medical evidence — scientific and judicial measures of proof — erroneous application of scientific measure by trial court — cause of death inconclusive — application of judicial measure — probable cause of death — natural causes — determination of guilt — evidence of guilty conduct and mendacity — unlawful killing not the only reasonable inference to be drawn.

Condonation: application for condonation for late filing of appeal record not granted. Delay excessive and inexplicable. Interlocutory interdict: whether appealable: whether final in effect: contention that patent would have run its course prior to finalisation of action for final interdict: restatement of test for appealability: order must be definitive of an issue and not susceptible of alteration by court of first instance: interdict interim in form and effect: not appealable.

Delict: Medical negligence: pleadings: causation: pleaded causation not established: appeal dismissed. Jurisdiction — voluntary association — self-regulation of advertising industry — no jurisdiction over non-members — costs on appeal — discretion — agreement on substituted order. Application to set aside business rescue proceedings — creditors have direct and substantial interests — non-joinder of creditors is fatal to the relief sought in the application. Claim for re-transfer of property — a debt as contemplated in Chapter III of the Prescription Act — whether reversionary clause creates a limited real right or a personal right — right not absolute but a relative one and only enforceable against a class of individuals — prescription affects the contractual right to claim re-transfer — claim prescribed.

Practice: Civil Procedure: extinctive prescription: claim by bank for payment of a debt arising from loan agreement: mortgage bond registered over a notarial lease: lease cancelled and thus security falling away: debt no longer secured: period of prescription running from date when amount payable under the loan became due as envisaged in s 12 1 of the Prescription Act 68 of Application for condonation and re-instatement of lapsed appeal — adequacy of explanation for delay — delay extreme and explanation unacceptable — application dismissed with costs.

Refugees Act of : decision to close refugee reception office under s 8 1 : challenged for want of rationality : decision-maker not taking into account relevant considerations, not complying with the empowering provision, acting with ulterior and improper purpose and making error of law.

Securities Services Act 36 of — proceedings before enforcement committee — not in the nature of criminal proceedings — civil standard of proof applies — administrative penalties imposed by enforcement committee — not in the nature of a penal sanction. Asylum seekers in terms of the Refugees Act of may not, while they are in the country, apply for a visa in terms of s 10 2 of the Immigration Act 13 of , read with regulation 9 2 of the Immigration Regulations.

Rescission — a court of appeal may only interfere if power not properly exercised — no bona fide defence which prima facie carries prospects of success. Arbitration Award — review — arbitrator alleged to have committed gross irregularities — s 33 1 b of the Arbitration Act 42 of — gross irregularities not proved — appeal dismissed. Attorney — whether fit and proper to practise notwithstanding being sequestrated — whether suspension an appropriate sanction for an attorney guilty of non-disclosure of critical information when applying for his sequestration — no sound reason to interfere with the exercise of discretion.

Administrative law - Town Planning and Townships Ordinance 15 of — owner of land in close proximity to proposed township having standing as an interested person to challenge establishment of township. Fairness of procedure to approve township — breach of legitimate expectation of a hearing by municipal tribunal — procedure inherently unfair in various respects.

Party excluded from process not obliged to pursue internal appeal against such decision before seeking to review the administrative action taken. Procedure — striking out — court required to exercise practical, common sense and flexible approach in considering whether allegations made in reply need be struck out — cross-appeal relating to the failure to strike out an incontrovertible fact which was in any event not relied upon to decide the merits of the dispute — cross-appeal dismissed.

Supreme Court Judgements

Prescription: actual or constructive knowledge necessary for prescription to start running that of board of trustees: appellant failed to prove that board had actual or constructive knowledge by relevant date. Delict — Pure economic loss — Loss suffered as a result of debarment in terms of s 14 of the Financial Services Advisory and Intermediary Services Act 37 of — Whether conduct of employer in debarring employee without complying with the provisions of Promotion of Administrative Justice Act 3 of was wrongful and gave rise to damages.

Criminal law — appeal against conviction of rape — appellant failed to testify — conceded by appellant that sexual intercourse proved — lack of consent and intention also proved — appeal against conviction dismissed — appeal against sentence — no misdirection on part of court below and sentence of 22 years imprisonment not shockingly inappropriate — appeal against sentence dismissed.

Lease — agreement to pay rental in advance without deduction — exclusion of reciprocity — landlords failure to grant full beneficial occupation of entire leased premises — tenant obliged to pay rent. Interpretation of an agreement of settlement made an order of full court on appeal to it: agreement is binding on all the parties to the litigation, including one who has not participated but has chosen to abide the outcome of the appeal. Promotion of Administrative Justice Act 3 of day period in s 7 1 : whether court a quo could have raised the delay mero motu: when the period commenced to run: whether there was compliance with s 7 1.

Criminal Procedure — rape — sentence — life imprisonment — minimum sentence in terms of Criminal Law Amendment Act of — substantial and compelling circumstances — proper approach — to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect — sentence of life imprisonment set aside and replaced with 15 years' imprisonment.

Application for permanent stay of prosecution — extraordinary remedy — complaint that the right to have trial begin and conclude without reasonable delay infringed — many years of postponements and delays — material and substantial part of delays due to the State — dishonest conduct by the State — appropriate remedy for infringement of Constitutional right. Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed life sentence - whether misdirection by trial court and full court - no misdirection found - appeal dismissed.

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Section 16 2 a i and ii of the Superior Courts Act 10 of — judgment or order sought on appeal would have no practical effect or result — no exceptional circumstances justifying a consideration of the matter with reference to the issue of costs — appeal dismissed. Appeal — application for leave to appeal against convictions dismissed by regional magistrate - petition refused by the court a quo- special leave to appeal against the dismissal of petition granted to Supreme Court of Appeal — whether leave to appeal ought to have been granted by court a quo - whether there are reasonable prospects of success.

Where an acknowledgment of indebtedness is made by a debtor to a creditor, even in without prejudice settlement negotiations, the acknowledgment may be admitted in evidence for the sole purpose of interrupting the running of the prescription period in terms of s 14 of the Prescription Act 68 of Constitutional law — application by media to broadcast criminal proceedings — tension between the right to freedom of expression and the open justice principle, on the one hand and the right to a fair trial, on the other — those rights should as far as possible be harmonised with one another — court must exercise a proper discretion under s of the Constitution in each case by balancing the degree of risk involved in allowing the cameras into the court room against the degree of risk that a fair trial might not ensue — courts ought not to restrict the nature and scope of the broadcast unless prejudice is demonstrable and there is a real risk that such prejudice will occur — mere conjecture or speculation that prejudice might occur ought not to be enough.

Application in terms of s 17 2 f of the Superior Courts Act 10 of powers of the President of the SCA: in exceptional circumstances: to refer a decision of this court on petition for reconsideration and, if necessary, variation: exceptional circumstances not found: application refused.

Attorney: duty of an attorney to client: breach of mandate in respect of claim for damages for loss of earning capacity: damages not proved: absolution from the instance should have been ordered: appeal dismissed. First appeal — appeal lapsing on account of failure to timeously prosecute it — application for condonation. Second appeal — discharge of provisional restraint order — failure on the part of presiding judge to bring an open and impartial mind to bear — proceedings before the high court on the return day set aside — provisional restraint order revived.

Both appeals — sequestration - substitution of insolvent by trustees on appeal — leave to intervene by insolvent. Adjudication by the National Energy Regulator of South Africa NERSA , a statutory regulator, of tariff adjustment application by Eskom, a licensee with a license, inter alia, to distribute as principal supplier electricity in South Africa : nature of adjudication process and decision: administrative action: subject to review in terms of the Promotion of Access to Justice Act 3 of not, as suggested by NERSA and Eskom, immune from judicial scrutiny because it involved application of policy.

Price adjustment methodology discussed, interpreted and applied: whether decision by NERSA rational and whether adjudication process and decision unfair. Discussion of deference to specialised administrative body. Delict : premature discharge by doctor of patient from hospital due to unlawful strike : patient had sustained multiple fractures and was due for orthopaedic surgery : died shortly after discharge : cause of death not determined by pathologist : no reliable expert evidence on which negligence could be attributed to the hospital : inadequate preparation of action for loss of support : no thought given to holding hospital liable on the basis of failure to have in place emergency plans to deal with strikes : organisers of strike not joined as parties to litigation : in any event primary problem of lack of evidence relating to cause of death not overcome.

Contract: Lease: divergent factual versions on terms: doctrine of quasi-mutual assent wrongly applied by the high court: appeal upheld.

Sentence: premeditated murder: prescribed minimum sentence: in terms of the Criminal Law Amendment Act, of what constitutes substantial and compelling circumstances: effect of failing to take into account certain aggravating factors: prescribed sentence not to be lightly deviated from: to be imposed if it is not disproportionate to the crime, the criminal and the needs of society. Appeal: Power of court of appeal: Section 16 2 a i of the Superior Courts Act 10 of Appellate Court empowered to dismiss an appeal where judgment or order sought would have no practical effect or result: Discretion of court: Not an appropriate case for court to exercise its discretion in favour of determining merits of the appeal: Appeal dismissed.

Customary law: decision of the Commission on Traditional Leadership Disputes: whether implementation of the decision in terms of s 26 2 of the Traditional Leadership and Governance Framework Act 41 of Old Act required prior consultation with Royal Family under s 9 of the Old Act: whether implementation of the decision required compliance with provisions of s 10 1 c of the Old Act: implementation of the decision of the Commission did not require consultation in terms of s 9 of the Old Act: deeming provision under s 28 of the Old Act and s 26 of the New Act did not bestow status of king where the Commission did not uphold claim to kingship: provisions of s 10 1 c were not applicable.

Administrative law: validity of a demolition order granted as just and equitable remedy: order granted pursuant to a finding that Municipality decisions approving rezoning of property and approving building plans were unlawful: order vitiated by failure to set the approval decisions aside, failure to specify portion s of the building to be demolished, and failure to exercise discretion in determining just and equitable remedy: court order found to lack clarity and certainty.

Appeal in terms of s of the Criminal Procedure Act 51 of Section provides for an appeal as of right, without leave: failure to have regard to all the evidence in determining the guilt or otherwise of an accused constitutes an error of law: question of law upheld: order of the high court set aside: conviction and sentence imposed by the regional court reinstated and matter remitted to the high court for the appeal to proceed on the merits.

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Law of Delict: pure economic loss: whether Municipality liable in delict for pure economic loss arising out of the alleged failure by the Municipal Manager to issue a s 82 certificate in terms of the Town-Planning and Township Ordinance 15 of Road Accident Fund 56 of — Interpretation of regulation 3 3 dA of the Road Accident Fund Regulations — failure of the Fund to take a decision within prescribed period does not create a deeming provision — remedy of claimant lies in s 6 2 g of PAJA.

Criminal Law and Procedure: acting in concert with common purpose: murder and robbery with aggravating circumstances: purported special entries in terms of s of the Criminal Procedure Act 51 of to be strictly complied with and resorted to only if the irregularity does not appear on the record: appeal dismissed. Criminal Law and Procedure: appeal against conviction and sentence: principles of joint possession of firearms applied: appeal against conviction for unlawful possession of firearms upheld in part: cumulative effect of sentence appropriate.

Where a party to a contract repudiates it, the aggrieved party has an election to abide by the contract and enforce its performance: if that election is exercised, but the defaulting party nonetheless persists in the breach by evincing an unequivocal intention not to remedy the breach, the aggrieved party, after affording the defaulting party the oportunity to repent of the repudiation, may change the election and cancel the contract and claim damages.

Appeal: mootness: the court should exercise its discretion to hear an appeal where it relates to the proper construction and application of important provisions in the National Education Policy that will impact on the future conduct of education officials and learners. Witnesses in criminal trial: administration of the oath: may be administered by interpreter: s of Criminal Procedure Act 51 of Robbery — prosecution submitting that evidence of identification of accused unsatisfactory and that accused should be acquitted on appeal to full bench — appeal nonetheless dismissed — appeal upheld — function of appeal court where prosecution does not seek to uphold conviction.

Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entrusted to him: No reason to interfere with the exercise of discretion. Res judicata — requirements — issue estoppel — identity of interest between plaintiffs in the two actions sufficient to satisfy requirement of same party — identity of issues and claims in both actions.

Civil marriage solemnized in December in the erstwhile Transkei: the Marriage Extension Act 50 of did not alter the matrimonial property regime of parties who married without an ante-nuptial contract after 27 April marriage out of community of property. Municipal Systems Act 32 of Sections 1 b and 3 : right of municipality to transfer credits between accounts: single account holder: properties with different owners: amounts outstanding on both properties by account holder for services supplied by municipality: transfer of credits by municipality from first account to second account: resultant liability of owner of first property increased and that of owner of second property decreased: municipality entitled to claim from owner of first property increased balance owed.

Contempt of court: failure to comply with court order: no proof of non-compliance, wilfulness or mala fides: s 16 2 a i of the Superior Courts Act 10 of issues on appeal having no practical effect: appeal dismissed with costs. Companies Act 71 of : proposed business rescue plan : proper interpretation of section 1 a ii and 7 : the determination whether a vote by a creditor against the adoption of a proposed business rescue plan was inappropriate and ought to be set aside entails a single enquiry : a court will set aside a vote on the ground that its result was inappropriate if it is reasonable and just to do so : thus entails a value judgment : effect of the court setting aside vote : once vote is set aside, proposed business plan considered to have been adopted ex lege : no further vote envisaged by the Act.