| |
Case
Nr |
Title |
Hearing
Date |
Judgment Date |
Media Statement |
 |
590/06 |
Monageng v The State (590/06) [2008] ZASCA 129
(01 OCTOBER 2008)*
Rape – appeal against conviction for child rape and sentence of 18
years imprisonment – appellant’s version not reasonably possibly
true and properly rejected – no material misdirection on the part of
the sentencing court and sentence imposed not ‘shocking’, ‘startling’
or ‘disturbingly inappropriate’ – no reason entitling the appeal court
to interfere – conviction and sentence confirmed. |
29 Aug '08 |
01 Sep '08 |
|
|
680/07 |
Picardi Hotels Ltd v Thekweni Properties (Pty) Ltd
(680/07) [2008] ZASCA 128
Cession in securitatem debiti – of all cedent’s rights to rentals and
other revenues of whatsoever nature – clause providing that
cession shall not be acted upon until certain conditions met –
cession not conditional - transfer of rights to cessionary not
suspended, only the exercise thereof – cedent divesting itself of
right to sue for rentals – special plea disputing cedent’s locus
standi to sue for rentals, upheld. |
27 Aug '08 |
30 Sep '08 |
|
|
473/2007 |
Affirmative Portfolios v Transnet (473/2007) [2008] ZASCA
127*
Claim based on written agreement – whether prior oral agreement
enforceable – application of the parol evidence rule - counterclaim
based on unjustified enrichment – condictio indebiti – whether the
requirement that error not be excusable satisfied – error found not
to be excusable. |
22 Aug '08 |
30 Sep '08 |
|
|
683/07 |
Campbell v Botha (683/07) [2008] ZASCA 126
Sale in execution – s 70 of the Magistrates’ Court Act 32 of 1944 –
there can be no sale in execution without a judgment and an
attachment in execution of that judgment. |
08 Sep '08 |
30 Sep '08 |
|
|
467/07 |
Du Toit v The Minister of Safety and Security (467/07) [2008]
ZASCA 125
Section 36(1) of South African Police Service Act 68 of 1995 –
appellant deemed to have been discharged from SAPS because of
conviction and sentence to imprisonment – deemed dismissal not
undone by extinction of conviction by granting of amnesty – s
20(10) of Promotion of National Unity and Reconciliation Act 34
of 1995 does not operate retrospectively – s 36(2) of SAPS Act
does not entitle person to whom amnesty had been granted a right
to be reinstated.
|
12 Sep '08 |
30 Sep '08 |
|
|
401/07 |
Angelina Procopos
v National Director of Public Prosecutions (401/07) [2008] ZASCA 124
Prevention of Organised Crime Act 121 of 1998, Chapter 5 – restraint order – whether ‘affected gift’ shown – whether s 16(1) of Act applicable. |
28 Aug '08 |
29 Sep '08 |
|
|
556/07 |
Dieter Schmidt v Birgitta
Weaving (556/07) [2008] ZASCA 123
Attachment of member’s interest in close corporation to
confirm jurisdiction – whether notice to corporation required – whether s 25 of
Close Corporations Act 69 of 1984 applicable. |
11 Sep '08 |
29 Sep '08 |
|
|
079/2008 |
Nesane v The State (079/2008) [2008] ZASCA 122
Criminal law – appellant convicted of wife’s murder –
intention to kill not proved – conviction substituted
with that of culpable homicide – sentence of eight
years’ imprisonment antedated to the date of sentence
imposed. |
01 Sep '08 |
26 Sep '08 |
|
|
432/07 |
Mantsha v The State (432/2007) [2008] ZASCA 121
Appeal against refusal of condonation for failing to lodge an appeal
timeously – requirements therefor and grounds on which the appeal
court will interfere. |
15 Sep '08 |
26 Sep '08 |
|
|
578/2007 |
Botha v Andrade (578/2007) [2008] ZASCA 120
Magistrates’ courts’ jurisdiction to grant an interdict
under s 30(1) of the Magistrates’ Courts Act 32 of 1944
(‘the Act’) is limited by s 29(1)(g) of the Act which sets a
monetary limit on the value of the matter in dispute. |
09 Sep '08 |
26 Sep '08 |
|
|
356/07 |
Els v Smit (356/07) [2008] ZASCA 119
Partnership ─ dissolution of partnership agreement ─ effect. |
01 Sep '08 |
26 Sep '08 |
|
|
96/2008 |
Msane v The State (96/2008) [2008] ZASCA 118
Criminal law – attempt – appropriate sentence. Sentence –
duplication of punishment. |
27 Aug '08 |
26 Sep '08 |
|
|
344/07 |
Mia v The State (344/2007) [2008] ZASCA 117
Criminal law – theft – competent verdict on robbery charge – theft
generic offence encompassing theft by false pretences.
Evidence – discredited evidence of accused – irrelevant regarding
guilt or innocence of another accused – where state had
produced no inculpating evidence against that accused. |
19 Aug '08 |
26 Sep '08 |
|
|
109/06 |
S v Balfour (109/2006) [2008] ZASCA 116
Respondent convicted of murder and sentenced to 14 years’
imprisonment, wholly suspended on certain conditions for five
years. Sentence altered on appeal to 12 years’ direct
imprisonment. |
16 Sep '08 |
25 Sep '08 |
- |
|
300/07 |
Chartaprops 16 v Silberman (300/07) [2008] ZASCA 115
Delict – hazard in shopping mall – liability for acts of
independent contractor. |
14 May '08 |
25 Sep '08 |
|
|
484/07 |
Rand Mutual Assurance Company Ltd v Road Accident
Fund (484/2007) [2008] ZASCA 114
Insurance – subrogation – right of insurer to sue wrongdoer in
own name – Compensation for Occupational Injuries and
Diseases Act 130 of 1993 s 36(1). |
12 Sep '08 |
25 Sep '08 |
|
|
485/2007 |
Ebrahim v Airports Cold Storage (Pty) Ltd (485/2007)
[2008] ZASCA 113
Corporation – Close Corporations Act 69 of 1984, s 64(1)
– reckless carrying on of business – liability for debts –
member of corporation and father – corporation run
without books or documentation – debt of another
corporation transferred to it without consideration –
reckless trading established |
26 Aug '08 |
25 Sep '08 |
|
|
148/2007 |
Government of the RSA v Thabiso Chemicals (148/2007)
[2008] ZASCA 112
Contract arising from tender procedure – cancelled by
State Tender Board on behalf of Government on basis
that award of tender influenced by incorrect information
impliedly furnished by respondent – whether implication
relied upon established on facts – relationship between
parties governed by law of contract – administrative law
no role to play. |
05 Sep '08 |
25 Sep '08 |
|
|
487/07 |
Asiatic Shipping Services Inc v Elgina Marine Company Limited (487/07)
[2008] ZASCA 111
The origin and meaning of the requirement in a security arrest in terms of s 5(3) of
Act 105 of 1983 that there be a 'genuine and reasonable need for security'. |
25 Aug '08 |
23 Sep '08 |
|
|
304/2007 |
Da Silva v C H Chemicals (Pty) Ltd (304/2007) [2008] ZASCA 110
Whether there was a breach of a director’s fiduciary duty by the exploitation of
various corporate opportunities after his resignation – whether there was a reach of the
director’s fiduciary duty in other respects – whether the second and third appellants engaged
in unlawful competition. |
18/19 Aug '08 |
23 Sep '08 |
|
|
639/07 |
Seascapes v Ford (639/07) [2008] ZASCA 109
Sectional Titles Act 95 of 1986 – special resolution – agreement in
writing by non-member, if not revoked upon becoming a member,
becomes agreement in writing by member – resolution interpreted so
as to give effect to intention of signatories. |
04 Sep '08 |
23 Sep '08 |
|
|
448/07 |
Rustenburg Platinum Mines v Industrial Maintenance Painting Services (448/2007) [2008] ZASCA 108
Prescription – Extinctive prescription – meaning of ‘debt’ in Prescription
Act 68 of 1969 – ‘debt’ refers generally to ‘claim’ and not ‘cause of action’ – Amendment to
particulars of claim to introduce new ‘cause of action – does not necessarily introduce new
‘debt’. |
15 Aug '08 |
23 Sep '08 |
- |
|
466/07 |
Mutual Construction v Komati Dam (466/2007) [2008] ZASCA
107
Contract for the hire of a truck and its operator for use on a building
site – operator remaining the employee of the truck’s owner but
operating on site under the supervision and control of the hirer –
operator’s negligence on site causing damage to truck– hirer liable
to owner for damages. |
04 Sep '08 |
23 Sep '08 |
|
|
446/2007 |
Botha v Law Society, Northern Provinces (446/2007) [2008]
ZASCA 106
Attorney: unfit to continue to practise; suspension or striking off
the roll; if the court a quo misdirected itself, facts subsequent to its
decision may be taken into account on appeal. Costs: costs of
proceedings in court a quo and on appeal where suspension
substituted for striking off. |
04 Sep '08 |
23 Sep '08 |
- |
|
722/2007 |
Digicore Fleet Management v Steyn (722/2007) [2008]
ZASCA 105
Appeal against order refusing enforcement of contract in
restraint of trade dismissed: proprietary interest of appellant not
threatened by first respondent after termination of her employment with appellant and on her employment by a competitor, the second respondent. |
08 Sep '08 |
22 Sep '08 |
|
|
458/2007 |
Sandton Civic Precinct (Pty) Ltd v City of Johannesburg
(458/2007) [2008] ZASCA 104
Legal standing – contract claimed to be awarded to
consortium – consortium consisting of individuals and
corporate members, with stated proportions – consortium
not before court – instead, applicant company seeking to
enforce rights of consortium – applicant company
representing only two of four members of consortium –
others not before court – member of applicant company
claiming to hold others’ shares ‘in trust’ – no basis for
claim – applicant company lacking legal standing |
01 Sep '08 |
22 Sep '08 |
|
|
588/2007 |
Minister of Safety and Security v De Witt (722/2007) 103
[2008] ZASCA
Section 3(4) of the Institution of Legal Proceedings
Against Certain Organs of State Act 40 of 2002 permits a court to
condone a litigant’s failure to give a valid notice required by s 3(1), prior
to instituting legal proceedings, if the debt has not been extinguished by
prescription, good cause is shown and the debtor is not prejudiced.
Application for condonation may be made by the creditor even after
proceedings have been instituted if the debt has not prescribed. |
11 Sep '08 |
19 Sep '08 |
|
|
040 / 2008 |
Le Grange v The State
(040/2008) [2008] ZASCA 102
Criminal proceedings – right to a fair trial – judicial officer – not fair and impartial
during trial – proceedings held to be invalid – convictions and sentences set aside –
matter remitted for retrial. |
21 Aug '08 |
18 Sep '08 |
|
|
593/07 |
Madzivhandila v Law Society of the Northern Provinces (593/07)
[2008] ZASCA 101
Attorney – Misconduct – Application for removal from roll – failure to
file answering affidavit – unpreparedness of attorney on trial date not fully explained – no
basis to interfere with trial court’s exercise of its discretion to refuse postponement. |
02 Sep '08 |
17 Sep '08 |
- |
|
348/2007 |
Lynn & Main Incorporated v Brits Community Sandworks CC
(348/2007) [2008] ZASCA 100
Cession – Deed of suretyship – interpretation – two sureties binding
themselves to creditor, each as surety for payment of debts of the other – clause in deed
permitting creditor to cede rights under suretyship ‘on written notice to us’ – cession of
rights under deed not invalid for want of prior written notice but ineffective as against surety
until written notice given. |
08 May '08 |
17 Sep '08 |
- |
|
337/07 |
Gordon v Department of Health (337/2007) [2008]
ZASCA 99
Practice – Non Joinder – direct and substantial interest – meaning of – relief
sought relevant to enquiry – decision of Labour Appeal Court reversed.
Affirmative Action – Meaning of ‘measures designed to . . .’ in s 8(3)(a) of Interim Constitution
– Rational relationship of measures to objectives examined – ad hoc conduct not a measure
as contemplated in s 8(3)(a) – such conduct inherently arbitrary and amounting to unfair
labour practice within meaning of Item 2(1)(a) of Schedule 7 of Labour Relations Act 66 of
1995. |
16 May '08 |
17 Sep '08 |
|
|
493/05 |
Hoho v The State (493/05) [2008] ZASCA 98
Criminal defamation – not abrogated by disuse – consonant
with Constitution. |
15 Aug '08 |
17 Sep '08 |
|
|
746/2007 |
Eyssen v S (746/2007) [2008] ZASCA 97
Prevention of Organised Crime Act 121 of 1998: interpretation
of ss 2(1)(e) and (f) (racketeering activities). |
21 Aug '08 |
17 Sep '08 |
|
|
530/07 |
Brand House v Sasfin Bank (530/2007) [2008] ZASCA 96
Summary judgment. Appellants disclosing bona fide defence. |
08 Sep '08 |
16 Sep '08 |
|
|
517/2007 |
Transnet Ltd v Witter (517/2007) [2008] ZASCA 95
Delict: negligence of railway operator; passenger boarding
moving train with open door. Contributory negligence:
Apportionment of Damages Act 34 of 1956; approach of a court of
appeal to an apportionment made by a trial court. Costs: Expert
witnesses: when preparation (qualifying) fees of an expert, and
allowances prescribed under s 42 Supreme Court Act 59 of 1959
(and s 51 bis of the Magistrates' Courts Act 32 of 1944), should be
allowed on taxation; order declaring a witness a necessary
witness, discussed. |
15 Aug '08 |
16 Sep '08 |
|
|
573/2007 |
Masstores (Pty) Ltd v Murray & Roberts Construction
(Pty) Ltd (573/2007) 94 [2008] ZASCA
Appeal against upholding of exception to claim for
damages for destruction of warehouse and its contents through
negligence on part of contractor effecting additions: excipient raised
exemption clause (indemnification by employer) as a bar to the claim.
Held that on the interpretation of the clause and the contract as a whole,
the clause did preclude an action by the employer against the contractor
for destruction of the warehouse and its contents: appeal dismissed. |
22 Aug'08 |
12 Sep '08 |
|
|
626 / 2007 |
De Sousa v The State
(626 / 2007) [2008] ZASCA 93
Fraud – sentence – approach to on appeal - striking disparity between sentence imposed
and that which the appellate court would have imposed – sentence reduced from seven and -
a-half to four years’ imprisonment. |
02 Sep '08 |
12 Sep '08 |
|
|
416/07 |
Pratt v First Rand Bank (416/07) [2008] ZASCA 92
Currency – exchange control – rulings issued by Reserve Bank –
admissibility of evidence to prove status and scope of such. |
02 Sep '08 |
12 Sep '08 |
- |
|
557/2007- Afr |
Van Eeden v Die Prokureursorde van Noordelike
Provinsies (556/2007) [2008] ZASCA 91
Appeal against refusal of an application in terms of s 15(3) of
the Attorneys Act 55 of 1979 for re-admission – finding that
appellant concealed books of account in order to thwart an
enquiry into a trust shortage – unfit to be re-admitted
(judgment in Afrikaans). |
22 Aug '08 |
12 Sep '08 |
|
|
568/2007 |
Malan v The Law Society of the Northern Provinces
(568/2007) [2008] ZASCA 90
Attorney – striking from the roll – restatement of approach |
28 Aug '08 |
12 Sep '08 |
|
|
522/2007 |
Afrisure v Watson (522/07) [2008] ZASCA 89
Claim against first appellant based on unjustified
enrichment – condictio ob turpem vel iniustam causam –
whether payments reclaimed were illegally made
because they were in fraudem legis – relaxation of par
delictum rule – whether counter-performance by
defendant a defence where payments reclaimed were
illegally made – claim against second appellant for
damages suffered through same illegal payments based
on breach of fiduciary duty as trustee. |
18 Aug '08 |
11 Sep '08 |
|
|
201 / 2008 |
Mana v The State (201/2008) [2008] ZASCA 88
Evidence – circumstantial evidence – adequacy thereof. |
29 Aug'08 |
11 Sep '08 |
|
|
576/07 |
Vilakazi v The State (576/07) [2008] ZASCA 87 (2 September 2008)*
Sentence – rape – sentencing principles. |
05 May '08 |
02 Sep '08 |
- |
|
567/07 |
Minister of Finance v Paper Manufacturers Association (567/07)
[2008] ZASCA 86 (2 September 2008)
Interdict preventing Minister from submitting Bill to parliament – legality of
– jurisdiction – Customs and Excise Act 91 of 1964 s 48
|
18 Aug '08 |
02 Sep '08 |
|
|
422/07 |
Odendaal v Ferraris (422/2007) [2008] ZASCA 85*
In a sale of property, the seller’s failure to obtain statutory approval for
building alterations on the property constitutes a latent defect in the
property – where a seller does not wilfully conceal such a latent defect
he is entitled to rely on the provisions of a voetstoots clause against a
buyer who seeks to invoke the aedilitian remedies against him, except
where the absence of statutory authorisation renders the property unfit
for the purpose for which it was bought and sold. |
09 May '08 |
01 Sep '08 |
|
|
340/07 |
Stewart v Botha (340/2007) [2008] ZASCA 84 (3 JUNE 2008)
Delict – liability of medical practitioner to a child born with
congenital defects – failure to inform mother who would have
terminated pregnancy – wrongfulness – legal policy. |
21 May '08 |
03 Jun '08 |
|
|
220/07 |
Kungwini Local
Municipality v Silver Lakes Homeowners Association (220/07) [2008] ZSCA
83 (RSA)
Local authority – rates and taxes – section 10G(7) of Local
Government Transition Act 209 of 1993 – whether local authority
substantially complied with this section in increasing property rates –
validity of municipal council resolution and subsequent local authority
notice |
13 May '08 |
02 Jun '08 |
|
|
519/2007 |
Ovation v Executive Officer Financial Services Board
(519/2007) [2008] ZASCA 82 (02 JUNE 2008)
Appointment of a curator to take control and management of an institution under
s 5 of the Financial Institutions (Protection of Funds) Act 28 of 2001 – court having a wide
discretion and entitled to order that the costs of curatorship be defrayed from the assets of
investors held by the institution – court further entitled to restrict payments to investment
beneficiaries and disinvestment from the institution under curatorship. |
21 May '08 |
02 Jun '08 |
|
|
453/07 |
P Langeveldt v The State (453/2007) [2008] ZASCA 81
(2 June 2008)
Motor collision – factual dispute – no misdirection on the part of trial court |
20 May '08 |
02 Jun '08 |
|
|
609/2007 |
EAL Mocke v The State (609/2007) [2008] ZASCA
80 (2 June 2008)
Accused convicted of murder by regional magistrate on evidence
of single witness – no reasons given nor credibility findings made by magistrate
on evidence of witnesses.
On appeal – this held to be misdirection entitling appellate court to interfere and
reassess evidence itself - Conviction and sentence set aside and replaced with one
of being accessory after fact to murder.
Sentence – two years of correctional supervision imposed.
Costs – State ordered to pay wasted costs occasioned by non-appearance of its
representative on attorney and client scale. |
27 May '08 |
02 Jun '08 |
|
|
291/07 |
City of Cape Town v
Helderberg Park Development (Pty) Ltd (291/07) [2008] ZASCA
79 (2 June 2008)*
Administrative law – section 28 of Land Use Planning Ordinance 15
of 1985 (Cape) – whether gives rise to independent cause of action for compensation –
whether compensation claimable flowing from ultra vires decision not set aside – order in
para 13. |
14 May '08 |
02 Jun '08 |
|
|
462/07 |
NCSPCA v
Openshaw (462/07) [2008] ZASCA 78 (RSA)
Interim relief - refusal of – delay by appellant in instituting principal
action – right to interim relief forfeited – reasonable apprehension of
irreparable harm not established - Order in para [31]. |
16 May '08 |
30 May '08 |
|
|
482/07 |
Egglestone v The
State (297/2005) [2008] ZASCA 77 (30 May 2008)
Criminal Law – appeal against multiple convictions and sentence – consent –
what is – indecent assault – what is – S v F still the law – owner of escort
agency having sexual intercourse with and indecently assaulting prospective
prostitute during on-the-job training – participation in training not amounting
to consent – convictions for rape and indecent assault confirmed.
Order in para [29]. |
28 Feb '08 |
30 May '08 |
|
|
430/07 |
Director of Public
Prosecutions: Transvaal v Venter (430/2007) [2008] ZASCA 76 (30 May 2008)
Murder and attempted murder – family members – amnesia and temporary
non pathological diminished criminal responsibility – effect on sentence –
effect of minimum sentencing legislation – need for standardised and
consistently severe sentences for violent crime – retributive and deterrent
elements outweigh personal considerations – sentence of 18 years appropriate.
Order in para [34]. |
07 May '08 |
30 May '08 |
|
|
553/07 |
Enslin v Nhlapo
(553/2007) [2008] ZASCA 75 ( 30 May 2008)
Liability of property owner – cattle straying onto a public road – legal duty - negligence. |
22 May '08 |
30 May '08 |
|
|
358/07 |
Lancino Financial Investments (Pty) Ltd v F J Bennet (358/2007)
[2008] ZASCA 74 (30 MAY 2008)
Pleading – Exception upheld – Almost invariable practice for court to
give pleader opportunity to amend - Order for costs – Where separate
orders for costs made for separate aspects of the hearing, order must
indicate to taxing master how costs are to be apportioned. |
19 May '08 |
30 May '08 |
|
|
510/07 |
Sasria V Slabbert Burger Transport (510/2007) [2008] ZASCA
73 (30 MAY 2008)
Insurance policy – interpretation – absence of clear indication
that words to be given special meaning rather than ‘ordinary
dictionary meaning’ compatible with their content in the policy –
contra proferentem rule applied. |
22 May '08 |
30 May '08 |
|
|
532/07 |
Stokes v The State (532/07) [2008] ZASCA 72 (30 May 2008)
Extradition – s 19 of Act 67 of 1962 – only offences disclosed to
requested state and fugitive constitute offences in respect of which
extradition was sought – ‘sought’ to be interpreted to mean
‘successfully sought’. |
19 May '08 |
30 May '08 |
|
|
411/07 |
Saayman v Visser (411/07) [2008] ZASCA 71 (30 May
2008)
Liability of homeowner in relation to the shooting of a 16 year-old boy by a
security guard stationed at the premises ─ test to determine negligence on part of
homeowner ─ reliance on expertise of security company ─ in totality of circumstances
homeowner held not liable. |
16 May '08 |
30 May '08 |
|
|
207/07 |
Bastian Financial Services v General Hendrik Schoeman
Primary School (207/2007) [2008] ZSCA 70 (30 May 2008)
Contract – public school – liability of school for contractual
damages – whether s 60(1) of Schools Act 84 of 1996 renders
the State liable for claims for contractual damages against a
public school |
09 May '08 |
30 May '08 |
|
|
307/07 (Afr) |
Hexvallei Besproeiingsraad v Geldenhuys (307/07) [2008]
ZASCA 69 (30 Mei 2008)
Water – public water – diverting water contrary to terms of court
order to non-riparian land – interdict granted |
15 May '08 |
30 May '08 |
|
|
395/07 |
Oliphant v The Road
Accident Fund (395/2007) [2008] ZASCA 68 (30 May 2008)
Motor vehicle ‘driver’ working on his engine – spanner he was using
slipped and dropped onto two electrical contact points causing vehicle to
start and set off in reverse injuring the claimant – ‘freak accident’ –
negligence not proved. |
12 May '08 |
30 May '08 |
|
|
255/07 |
M H BLAKE AND ANOTHER v Z CASSIM AND ANOTHER
(255/2007) [2008] ZASCA 67 ( 29 MAY 2008)
Contract – sale of immovable property – no obligation on seller to
define form of guarantee before making demand for furnishing it – written agreement
stipulates clearly time when guarantees to be furnished – seller entitled to cancel for failure
to furnish guarantees on due date. |
05 May '08 |
29 May '08 |
- |
|
434/07 |
Kini Bay Village Association v
Nelson Mandela Metropolitan Municipality (434/2007) [2008] ZASCA 66 (29 May
2008)
Appeal against order for payment of security for costs in terms of s 13 of the
Companies Act 61 of 1973 by impecunious appellant representing residents of affluent
seaside suburb – court of first instance exercising discretion in strict sense – appeal court
entitled to interfere only where material misdirection established even in case involving a
constitutional issue. |
21 May '08 |
29 May '08 |
|
|
349/07 |
Edcon Pension Fund v The
Fianancial Services Board of Appeal and Another (349/07) [2008]
ZASCA 65 (29 May 2008)
Pensions – whether right to bring transfer application under s 14 of
Pension Funds Act 24 of 1956 accrued to appellant before Act 39 of
2001 came into operation. |
20 May '08 |
29 May '08 |
|
|
372/07 |
Apco Africa v Apco Worldwide
(372/2007) [2008] ZASCA 64 ( 29 May 2008)
Companies Act 61 of 1973 – s 344(h) - winding up of a company on the basis that it is just and
equitable to do so. |
12 May '08 |
29 May '08 |
|
|
305/07 |
Director of Public Prosecution v Henry (305/07) [2008] ZASCA 63
(29 May 2008)
Power of Court of Appeal to interfere with exercise of discretion as to costs
by court of first instance – only in event of misdirection, irregularity or no grounds on
which court acting reasonably could have made the order it did. |
19 May '08 |
29 May '08 |
|
|
632/07 |
McIntosh v Premier, KwaZulu-Natal (632/07) [2008] ZASCA 62
(29 May 2008)
Delict – cyclist falling in attempt to avoid pothole in road - legal duty of
Province apparent from statute – additional considerations when weighing up
reasonableness of public authority’s conduct. |
06 May '08 |
29 May '08 |
|
|
638/06 |
Makambi v MEC, Education,
Eastern Cape (638/06) [2008] ZASCA 61 (29 May 2008)
Constitutional Law - whether High Court has jurisdiction to review
termination of emoluments and benefits of educator in state school. |
18 Mar '08 |
29 May '08 |
|
|
270/2007 |
Minister of Agriculture v Bluelilliesbush Dairy
Farming (270/07) [2008] ZASCA 60 (29 May 2008)
Animal Diseases Act 35 of 1984 – compensation under s 19(2) read
with regulation 30 – animals slaughtered because of infection or
reasonably suspected infection with bovine tuberculosis – dairy herd
– ‘fair market value’ connotes value of animals free of infection |
20 May '08 |
29 May '08 |
|
|
247/2007 |
Amanita Premier Oils v Praysa Trade (247/07)
[2008] ZASCA 59 (29 May 2008)
Contract of sale – delivery of groundnuts – terms of contract – court
reversing factual findings of trial court – finding in favour of supplier /
plaintiff |
13 May '08 |
29 May '08 |
|
|
509/2007 |
Matshona v The State (509/2007) [2008] ZASCA 58
(28 May 2008)
Appeal to Supreme Court of Appeal against the refusal in a high
court of a petition seeking leave to appeal against a sentence
imposed in a regional court – leave to appeal to the high court
should have been granted – merits of the appeal against
sentence to be determined by the high court. |
07 May '08 |
28 May '08 |
|
|
119/07 |
Brown v Mbhense
(119/07) [2008] ZASCA 57 (28 May 2008)
Land Reform (Labour Tenants) Act 3 of 1996 – action in terms
of s 33(2A) – definition of ‘labour tenant’ – requirements for
proof of |
10 Mar '08 |
28 May '08 |
|
|
389/07 |
Chairman, State Tender Board v
Supersonic Tours (Pty) Ltd (389/07) [2008] ZASCA 56 (27 May 2008)
State tenders ─ disqualification of tenderer by State Tender Board from tendering
for future State contracts─ when competent ─ interpretation of regulations made under the
State Tender Board Act, 68 of 1968 and the Preferential Procurement Policy Framework Act, 5
of 2000 ─ Procedural fairness as required by the Promotion of Administrative Justice Act
(PAJA), 3 of 2000 ─ Income Tax Act, 58 of 1962 ─ possible contravention of s 4 ─ papers sent
to the Commissioner, SARS, to enable him to investigate. |
09 May '08 |
27 May '08 |
|
|
282/07 |
Ernst Bester Trust v
Commissioner South African Revenue Service (282/2007) [2008] ZASCA 55 (26
MAY 2008)
Income Tax – Act 58 of 1962 – sales of sand – capital or revenue; s
22 – trading stock deduction – when allowed – SARS practice. |
05 May '08 |
26 May '08 |
- |
|
306/07 (Afr) |
Cillie v Geldenhuys (306/07) [2008] ZASCA 54 (22 May 2008)
Verjaring – verkrygende varjaring van landelike serwitute – die verskil tussen
positiewe en negatiewe serwitute – die omvang van serwitute en die
eienaar van die dienende eiendom se bevoegdheid om die serwituut te
affekteer – die kennisleer is nie op saaklike regte van toepassing nie.
-------------------------------------------------------------------------------
Prescription – acquisitive prescription of praedial servitudes – difference
between positive and negative servitudes – scope of servitudes and
servient owner’s power to impinge on the servitude – doctrine of notice
does not apply to real rights. |
06 May '08 |
22 May '08 |
|
|
172/07 |
Koumantarakis
v Mystic River (172/07) [2008] 53 ZASCA (14 MAY 2008)
Sale of Land - Meaning and effect of clause in an agreement of
sale in terms of which a bank guarantee must be providedwhether
the seller acted reasonably in rejecting the guarantee.
Seller not entitled to reject the guarantee and cancel the
agreement. |
14 Mar '08 |
14 May '08 |
|
|
165/07 |
Gounder v Top Spec Investments (Pty) Ltd (165/07) [2008] ZASCA
52 (8 May 2008)
Husband and Wife – marriage in community of property – whether loan
agreement entered into by one spouse without written consent of the other falls within
ambit of s 15(2)(b) of Matrimonial Property Act 88 of 1984 where it incorporates agreement
to register mortgage bond over the parties’ fixed property as security for the loan. |
03 Mar '08 |
08 May '08 |
- |
|
379/07 |
Mthembu v The State
(64/2007) [2008] ZASCA 51 (10 April 2008)*
The evidence of an accomplice extracted through torture, (including real
evidence derived from it), is inadmissible, even where the accomplice testifies
years after the torture. |
19 Feb '08 |
10 Apr '08 |
|
|
494/07 |
Maneli v The State (494/07) [2008] ZASCA 50 (1 April 2008)
Robbery – duplication of convictions.
|
03 Mar '08 |
01 Apr '08 |
- |
|
241/2007 |
Graham Dick v Angela Dick (241/2007) [2008] ZASCA
49 (31 March 2008)
Final interdict – Requirements for – no injury committed or reasonably apprehended. Dispute of fact not soluble on papers. |
06 Mar '08 |
31 Mar '08 |
- |
|
584/07 |
Head of Western Cape Education Department v Governing Body of Point
High School (584/2007) [2008] ZASCA 48 (31 March 2008)
Administrative action in terms of s 6(3) of the Employment of Educators Act 76 of 1998
– review by court – failure by decision-maker to weigh competing interests – resulting decisions
unreasonable – decisions set aside – when court will give directive as to decision. |
27 Feb '08 |
31 Mar '08 |
|
|
470/2007 |
Geldenhuys v The State (470/2007)
[2008] ZASCA 47 (31 March 2008)
Sexual Offences Act 23 of 1957 – constitutional validity of ss 14(1)(b) and 14(3)(b) of
Act – distinction drawn between heterosexual and same-sex sexual activities by setting legal age
of consent at 16 and 19 years, respectively, held to be unconstitutional – severance and reading-in
so far as to make legal age of consent in respect of both heterosexual and same-sex sexual acts 16 years – qualified retrospectivity of the order of constitutional invalidity – appeal against
conviction on six counts relating to same-sex sexual acts with boy over the age of 16 years but
under the age of 19 years set aside, subject to confirmation by Constitutional Court of order of
constitutional invalidity – appeal against convictions on four counts in respect of sexual acts at times when boy in question under the age of 16 years dismissed. |
26 Feb '08 |
31 Mar '08 |
|
|
278/07 |
Northpark Trading v Ausplow (278/07) [2008] ZASCA 46
(31 March 2008)
Patent – revocation – not involving an inventive step |
14 Mar '08 |
31 Mar '08 |
- |
|
218/07 |
Alan Vermaak v The State (218/07) [2008] ZASCA 45 (31 March
2008)
Sentence – application to receive new evidence – no case made out
– no misdirection on the part of magistrate. |
03 Mar '08 |
31 Mar '08 |
- |
|
383/2006 |
Murray v Minister of Defence (383/2006) [2008] ZASCA 44
(31 March 2008)
Employment law – dismissal – constructive dismissal – member of South African National Defence Force – constitutional right to fair labour practices applicable – common law contract of employment developed to include protection against constructive dismissal – intolerable conditions, created by employer, not enough – employer must be to blame for conditions – duty of fair dealing with employee –breach of – employer refusing to return employee to former post –must inform employee fully of alternative. |
18 Feb '08 |
31 Mar '08 |
|
|
131/07 |
Minister for Justice & Constitutional Development v Moleko (131/07) [2008] ZASCA 43 (31
March 2008)
Malicious prosecution – requirements for –– act or omission
by magistrate in the exercise of his judicial functions –
section 60(11)(a) of Criminal Procedure Act 51 of 1977 –
release on warning of persons charged with Schedule 6
offences without any evidence being led. |
12 Mar '08 |
31 Mar '08 |
|
|
61/07 |
Du Preez v Zwiegers
(61/2007) [2008] ZASCA 42 (28 March 2008)
Attorney negligent in paying out money in trust account without
establishing from depositor what latter wanted done with it. |
11 Mar '08 |
28 Mar '08 |
- |
|
268/07 |
Fairoaks Investment v S Oliver (268/07) [2008] ZASCA 41 (28
March 2008)
Sale of land – agreement of sale lapsed because of non-fulfilment
of suspensive condition – agreement to revive agreement of sale
with amendments has to comply with provisions of Act 68 of 1981. |
11 Mar '08 |
28 Mar '08 |
|
|
233/07 |
Miloc Financial Solutions
(Pty) Ltd v Logistic Technologies (Pty) Ltd (233/2007) [2008] ZASCA 40 (28/03/08)
Contract - exceptio non adimpleti contractus – principle of reciprocity
– when applicable – payment, allocation of. |
22 Feb '08 |
28 Mar '08 |
|
|
168/07 |
Guardrisk Insurance
Company Ltd v Registrar of Medical Schemes (168/07) [2008] ZASCA 39 (28
MARCH 2008)
Interpretation of ‘business of a medical scheme’ in the Medical
Schemes Act 131 of 1998 and ‘accident and health policy’ in the Short Term
Insurance Act 53 of 1998 – ascertainment of whether selling certain policies
constitutes the business of a medical scheme. |
19 Feb '08 |
28 Mar '08 |
|
|
666/06 |
Taljaard v Botha Properties (666/06) [2008] ZASCA 38 (28 March
2008)
Estate Agency Affairs Act 112 of 1976 – section 34A – estate agent
not entitled to remuneration if functions performed in absence of
fidelity fund certificate – client who pays remuneration in such
circumstances not entitled to claim its return. |
17 Mar '08 |
28 Mar '08 |
|
|
655/06 |
Buckman Laboratories v Bromine Compounds (655/06) [2008]
ZASCA 37 (28 March 2008)
Patent – revocation in terms of s 61(1)(c) of Patents Act 51 of 1978
– absence of inventive step. |
25 Feb '08 |
28 Mar '08 |
|
|
83 / 07 |
Swartzberg v Law Society, Northern Provinces
(83/2007) [2008] ZASCA 36 (March 2008)
Attorney – re-admission of – s 15 (3)(a) of Attorneys Act 53 of 1979. |
21 Feb '08 |
28 Mar '08 |
|
|
164/07 |
Joint Stock v Absa Bank Ltd (164/07) [2008] ZASCA 35 (28 March 2008)
Appropriation by bank of money held in client’s account ─ account used for specific
purpose of funding the establishment of a mine and processing facilities by other parties ─ bank’s client having no legal interest in the money appropriated ─ held that appellant proved an entitlement to the money appropriated ─ bank ordered to repay the money. |
26 Feb '08 |
28 Mar '08 |
|
|
153/07 |
Madinda v Minister of
Safety and Security (153/2007) [2008] ZASCA 34 (28 March 2008)
Prescription – limitation of actions – Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 ss 3(1) and (2) – legal proceedings against SAPS – failure to give notice of intention to institute such
proceedings within 6 months of date when debt became due – application for
condonation under s 4 – ‘good cause’ and ‘absence of unreasonable prejudice’ –
additional delays unrelated to failure to give timeous notice. |
18 Mar '08 |
28 Mar '08 |
- |
|
06/2007 |
Street Pole Ads Durban v Ethekwini
Municipality (06/07) [2008] ZASCA 33 (28 March 2008)
Mandament van spolie – despoiled party seeking relief going wider
than despoiled property – respondent entitled to challenge title in
counter-application – Contract law – contract not permitting party to‘subcontract any of its obligations’ – meaning of ‘subcontract’. |
04 Mar '08 |
28 Mar '08 |
|
|
137/07 |
M Abrahams v Springbok Atlas (137/2007) [2008] ZASCA 32
(28 March 2008)
Claim for personal injury – negligence – fittings in bus – absolution from
the instance. |
21 Feb '08 |
28 Mar '08 |
|
|
91/07 |
Casino Enterprises (Pty) Ltd
(Swaziland) v The Gauteng Gambling Board International (91/07) [2008] ZASCA 31
(28 March 2008)
Exception to claim – excipient not accepting plaintiff’s facts but
advancing contradictory facts on which to base averment of absence of crucial
allegation in claim. |
07 Mar '08 |
28 Mar '08 |
- |
|
469/2007 |
Ntaka v The
State (469/2007) [2008] ZASCA 30 (28 March 2008)
Sentence – appeal against effective sentence of six years’ imprisonment
imposed on 17 year-old boy on conviction of rape of fellow pupil – correctional
supervision not appropriate in the circumstances – majority finding custodial sentence
under s 276(1)(i) of Act 51 of 1977 appropriate – appeal allowed – order in para [46]. |
19 Feb '08 |
28 Mar '08 |
|
|
385/07 |
Firstrand Bank v National Lotteries Board (385/07) [2008]
ZASCA 29 (28 March 2008)
Lotteries Act 57 of 1997 – lottery – bank deposit conferring chance to
win a prize – whether a prohibited lottery. |
29 Feb '08 |
28 Mar '08 |
|
|
133/07 |
Seale v Van Rooyen NO (133/07) [2008]
ZASCA 28 (27March 2008)
Administrative Actions : where an initial act is set aside on review
subsequent acts, which depend on the initial act for their validity, are of no force or effect.The analysis of Forsyth as adopted in Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA
222 (SCA) applies to the validity of acts consequent upon the initial act only for so long as the
validity of the initial act has not been set aside on review; and the analysis does not deal with
whether the initial act should be set aside. |
05 Mar '08 |
27 Mar '08 |
|
|
250/07 |
Transnet Ltd v The MV Snow Crystal (250/07) [2008] ZASCA 27 (27 March 2008)
Use of dry dock – does dock master contract or perform administrative function? – mora ex re – supervening impossibility – damages – general or special. |
03 Mar '08 |
27 Mar '08 |
|
|
39/07 |
Transnet Ltd v Maela (39/07) [2008] ZASCA 26 (27 March 2008)
Two mutually destructive versions - probabilities favouring version of the
appellant’s witness. |
22 Feb '08 |
27 Mar '08 |
|
|
54/2007 |
Preddy v Health Professions Council of SA
(54/2007) [2008] ZASCA 25 (31 March 2008)
Health Professions Act 56 of 1974 – ss 42 and 43 - medical
practitioners guilty of unprofessional conduct – Penalties
imposed by Professional Committee of Enquiry suspended
on certain conditions – whether such conditions competent.
Interpretation and application of section 42(1) and 43(1)(b)
of the Act – intention to empower sentencing authority to
select one or more of the penalties – substitution of ‘and’
for ‘or’ not to be lightly resorted to. |
12 Mar '08 |
31 Mar '08 |
|
|
621/06 |
Fraser v Viljoen (621/2006) [2008] ZASCA 24 (27 March 2008)
Sale of immovable property – authorising other party to
insert material terms after delivery of uncompleted document
– non-compliance with s 2(1) of Alienation of Land Act 68 of
1981 |
07 Mar '08 |
27 Mar '08 |
|
|
117/07 |
Bisnath v Absa Bank Ltd (117/07 and
674/07) [2008] ZASCA 23 (27 March 2008)
Mortgage and pledge: The obligations owed by a pledgee to the pledgor at common
law in regard to fruits of the property pledged, are owed by a mortgagee of immovable
property to the mortgagor only where the mortgagee is in possession of the mortgaged
property |
13 Mar '08 |
27 Mar '08 |
|
|
149/07 |
Mercurius Motors v Lopez (149/2007) [2008] ZASCA 22 (27 March
2008)
Loss of vehicle delivered to service depot ─ failure to safeguard keys ─ reliance on exemption clause ─ held that clause not part of contract of deposit ─ the service depot held liable. |
07 Mar '08 |
27 Mar '08 |
|
|
222/07 |
United Enterprises
Corporation v STX Pan Ocean Company Ltd (222/07) [2008]
ZASCA 21 (27/03/08)
Shipping – application to set aside arrest – exceptio rei judicatae not
available where previous arrest set aside because prima facie case not established – application for countersecurity – applicant must show genuine and reasonable need for
security. |
26 Feb '08 |
27 Mar '08 |
|
|
64/07 |
Macru Farming CC v Standard Bank of
South Africa Ltd (64/2007) [2008] ZASCA 20 (27 March 2008)
Appeal against the grant of a final winding-up order – whether High Court had failed
to investigate the surrounding circumstances that applicant had been improperly induced to institute
winding-up proceedings. Held that the facts showed no such inducement. Appeal dismissed. |
11 Mar '08 |
27 Mar '08 |
|
|
21/07 |
CSARS v Saleem (21/2007) [2008] ZASCA 19 (27 March 2008)
Revenue – customs and excise – duty of officer when
seizing goods in terms of s 88(1)(c) of Customs and Excise
Act 91 of 1964 – when justified in absence of books of
account and supporting documents. |
12 Mar '08 |
27 Mar '08 |
|
|
293/07 |
Road Accident Fund v Abdool-Carrim (293/2007) [2008] ZASCA 18 (27 March 2008)
Section 19(d) of the Road Accident Fund Act 56 of 1996 is applicable only to agreements made by third parties, not to those by suppliers. |
04 Mar '08 |
27 Mar '08 |
|
|
236/2007 |
Raliphaswa v
Mugivhi (236/2007) [2008] ZASCA 17 (27 March 2008)
Damages for iniuria ─ defamation and unauthorised, invasive search during which appellant was indecently assaulted ─ when adverse inference for failure to call witness not justified. |
12 Mar '08 |
27 Mar '08 |
|
|
231/07 |
De Villiers v McKay NO
(231/07) [2008] ZASCA 16 (27 March 2008)
Contract: ‘entire agreement’ clause; provisions of another contract must be left out of account because even if factually relevant this are not
legally relevant. |
10 Mar '08 |
27 Mar '08 |
|
|
160/07 |
National Director of Public
Prosecutions v Geyser (160/2007) [2008] ZASCA 15 (25 March 2008)
Immovable property an instrumentality of the offence of keeping a
brothel in contravention of the Sexual Offences Act 23 of 1957 – property bought
and renovated for sole purpose of that offence – forfeiture under the Prevention of
Organised Crime Act 121 of 1998 not disproportionate to the Act’s remedial
purpose to inhibit crime undertaken as a business. |
15 Feb '08 |
25 Mar '08 |
- |
|
32/07 |
Carolus v The State (32/07)
[2008] ZASCA 14 (20 MARCH 2008)
Indecent assault – appellant raising alibi defence – Held complainant had
positively identified the crime scene and the appellant as the perpetrator of the offence
and consequently that the appellant was guilty of indecent assault – sentence of 8 years’
imprisonment appropriate. |
18 Feb '08 |
20 Mar '08 |
|
|
440/07 * |
Crossberg v S (440/2007) [2008] ZASCA 13 (20 March 2008)
Disregarding the impact of at least 13 missing statements made by
witnesses to the police, evidence not supporting conviction of murder ─ police and
State’s duty to make full disclosure discussed ─ conviction of murder substituted with
conviction of culpable homicide ─ sentence ─ factors to be considered discussed. |
21 Nov '07 |
20 Mar '08 |
- |
|
547/07 |
Griebenow v S (547/2007) [2008] ZASCA 12 (20 March 2008)
Private defence ─ appellant claiming he shot and killed deceased in
defence of life and limb ─ held that there had been no such threat and that appellant’s
actions were unlawful and consequently that he was guilty of murder ─ sentence of 12
years’ imprisonment appropriate. |
18 Feb '08 |
20 Mar '08 |
- |
|
274/07 |
Nedcor Bank Ltd v
SDR Investment Holdings Co (Pty) Ltd 274/07) [2008] ZASCA
11 (20 March 2008)
Implied and tacit terms not to be imported into agreement when
in conflict with valid, express provisions.
|
28 Feb '08 |
20 Mar '08 |
|
|
159/2007 |
Antoy Investments v Rand Water Board (159/2007) [2008]
ZASCA10 (20 March 2008)
Review – when matter to be remitted in successful review –
decision made by CEO instead of decision making body. |
25 Feb '08 |
20 Mar '08 |
- |
|
343/07 |
Thembalethu Sam v The State (343/2007) [2008]
ZASCA 9 (20 March 2008)
Accused charged with unlawful possession of a firearm in
contravention of s 2 of Act 75 of 1969 - Section 51(2) of the Criminal Law Amendment
Act 105 of 1997 read with Part II of Schedule 2 is applicable to the unlawful possession
of a semi-automatic pistol – The Act does not create new ffences but defines a form
of specified offences to which enhanced penalty jurisdiction applies. |
01 Nov '07 |
20 Mar '08 |
|
|
508/2007 |
JG Swanepoel v The State (508/07) [2008] ZASCA
8 (18 March 2008)
Appellant employer alleged to have assaulted and insulted
employee following disciplinary inquiry – Appellant failing to
appear in court on time due to misunderstanding between his
attorney and public prosecutor – whether charges of assault,
crimen injuria and contempt of court proved against appellant. |
15 Feb '08 |
18 Mar '08 |
|
|
454/2007 |
MM Mlimo v The State (454/07) [2008] ZASCA 7
(18 March 2008)
Appellant indicted in the High Court for murder and attempted
murder of husband and wife arising out of a shooting incident -
Whether judge’s conduct during trial rendered it unfair.
Expert witness – whether trial court was entitled to accept the
evidence of a witness who had not completed a diploma in ballistics
as expert evidence – whether the witness’s experience in the said
field was sufficient. |
15 Feb '08 |
18 Mar '08 |
|
|
66/2007 |
Wightman v Headfour
(Pty) Ltd (66/2007) [2008] ZASCA 6 (10 March 2008)
Practice – application – dispute of fact – real, genuine or bona fide –
what constitutes.
Possession – spoliation – builder making duplicate keys available to owner for
limited purpose – whether possession ipso facto lost – owner using keys to place
other contractors in occupation – possession taken against consent of builder
and illicitly. |
