| |
Case Nr |
Title |
|
Judgment Date |
 |
353/02 |
Allie v Foodworld Stores Distribution Centre (Pty) Ltd and others
Defamation and iniuria - whether established on the evidence -defence of truth and public benefit - powers of Court of Appeal to reverse credibility findings. |
|
02 Dec 2003 |
|
068/02_2 |
Chevron Engineering (Pty) Ltd v Nkambule and others
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months. |
|
02 Dec 2003 |
|
238/03 |
Pennello v Pennello and another
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months. |
|
01 Dec 2003 |
|
361/03 |
Visser v S
Maintenance – deliberate failure to comply with maintenance order – partially suspended sentence of periodical imprisonment appropriate on facts of case. |
|
01 Dec 2003 |
|
480/02 |
Kevin & Lasia Property Investments CC and another v Roos NO and others
Withdrawal of admission – Applicability of s 34(1) of the Insolvency Act 24 of 1936. |
|
01 Dec 2003 |
|
010/03 |
Minister Of Home Affairs and others v Watchenuka and another
Applicants for asylum – right to undertake employment and to study. |
|
28 Nov 2003 |
|
248/02 |
Jordaan v Bloemfontein Transitional Local Authority and another
Civil procedure – whether magistrate's finding that defendants were liable for plaintiff's damages appealable when first defendant concedes by letter and in counsel's heads that plaintiff's allegations re quantum correct – ... |
|
28 Nov 2003 |
|
259/03 |
Minister Of Environmental Affairs And Tourism and others v Atlantic Fishing Enterprises (Pty) Ltd and others
Section 80(3) of the Marine Living Resources Act 18 of 1998 – 'person with an interest' – whether a successful applicant in terms of s 18(1) is such a person. |
|
28 Nov 2003 |
|
325/02 |
Nieuwoudt NO and another v Vrystaat Mielies (Edms) Beperk
Trusts and trustees – whether Turquand rule applicable. |
|
28 Nov 2003 |
|
409/02 |
Pillay and others v S
Appeals in respect of accused 10 and 14 – admissibility of derivative evidence unconstitutionally abstained. As to accused 14 – court of appeal precluded from substituting verdict of guilty on count .... |
|
28 Nov 2003 |
|
421/02 |
Mpedi and others v Swanevelder and another
Extension of Security of Tenure Act 62 of 1997 – termination of right of residence – procedure for eviction order. |
|
28 Nov 2003 |
|
439/02 |
Rashavha v Van Rensburg
Condonation for late filing of appeal refused: application of sections 8(4) and 10(3) of the Extension of Security of Tenure Act 62 of 1997. |
|
28 Nov 2003 |
|
442/02 |
Blaauwberg Meat Wholesalers CC v Anglo Dutch Meats (Exports) Limited
Prescription – s 15(1) of Prescription Act 1969 – whether prescription interrupted by service of summons in which the creditor is wrongly described but which is rectified after prescriptive period. |
|
28 Nov 2003 |
|
477/02_2 |
De Villiers NO and another v BoE Bank Limited
Application to alter costs order after judgment ─ principles discussed and applied. |
|
28 Nov 2003 |
|
048/03 |
Packereysammy v S
Sentence – first offender – found in possession of 6157 abalone – sentenced to 18 months' imprisonment – whether there was a proper exercise of judicial discretion. |
|
28 Nov 2003 |
|
483/02 |
Consol Limited t/a Consol Glass v Twee Jonge Gezellen (Pty) Ltd and another
Contract – interpretation of – whether provision imposes contractual obligation – whether compliance with the obligation is a precondition for reliance on indemnities – whether tacit term established |
|
28 Nov 2003 |
|
485/02 |
HNR Properties CC and another v Standard Bank Of SA Ltd
Suretyship agreement requiring release by creditor to be in writing – meaning of requirement. Release by waiver or estoppel constituting a release other than in writing and therefore ineffective. |
|
28 Nov 2003 |
|
515/02 |
Weltevrede Nursery (Pty) Ltd v Keith Kirsten's (Pty) Ltd and another
Plant Breeders’ Rights Act 15 of 1976 – description of variety –
holder and applicant – breeder – novelty. |
|
28 Nov 2003 |
|
516/02 |
Phillips v Fieldstone Africa (Pty) Ltd and another
Employment – fiduciary relationship – pleading – when such relationship arises – breach – what constitutes. |
|
28 Nov 2003 |
|
559/02 |
Mabaso v Law Society Of The Northern Provinces
Effect of an objection i.t.o. s 20(3) of the Attorneys Act 59 of 1979 to an application for enrolment as attorney i.t.o. s 20(1). |
|
28 Nov 2003 |
|
575/02 |
Road Accident Fund v Thugwana
Regulation 2(1)(c) contained in Government Gazette 17939 of 25 April 1997 and made in terms of s 26 of the Road Accident Fund Act 56 of 1996, interpreted, held to be peremptory and held not ultra vires. |
|
28 Nov 2003 |
|
654/02 |
S v Swart
Sentence – rape – gravity of offence to be given due weight |
|
28 Nov 2003 |
|
671/02 |
First Rand Bank Limited v Body Corporate Of Geovy Villa
Interaction between s 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 and s66(2) of the Magistrates' Courts Act 32 of 1944 |
|
28 Nov 2003 |
|
383/02 |
Kwenamore v S
Cumulative effect of sentences imposed on young offender excessive; reduced from 22 to 7 years' imprisonment. |
|
27 Nov 2003 |
|
430/02 |
Heathfield v Maqelepo
Proper construction of written agreement to purchase immovable property – purchaser or surety. |
|
27 Nov 2003 |
|
581/02 |
Commissioner SA Revenue Service v Wyner
Profit on sale of immovable property – whether of capital or revenue nature – intention of purchaser at time of acquisition to make profit on resale |
|
25 Nov 2003 |
|
608/02 |
Ganes and another v Telecom Namibia Limited
Insolvency – authority to institute proceedings – striking out of new matter in replying affidavit. |
|
25 Nov 2003 |
|
519/02 |
Van Drimmelen & Partners v Gowar and others
Vicarious liability – employee intending to perform an act for his own personal convenience which might ultimately have a bearing on his employer's business does not per se render his employer liable for a delict committed..... |
|
24 Nov 2003 |
|
190/03 |
Shikwambane and another v S
Joint possession of a hand grenade – Whether there was a contravention of s32 (1)(c) of the Arms and Ammunition Act 75 of 1969. |
|
21 Nov 2003 |
|
056/03 |
Trinity Broadcasting, Ciskei v Independent Communications Authority Of SA
Judicial review – rationality test – community television licence conditions |
|
21 Nov 2003 |
|
625/02 |
Geue and another v Notling and another
Sale of portion of agricultural land without the consent of the Minister of Agriculture required by s 3(e)(i) of Act 70 of 1970 – agreement null and void despite suspensive condition rendering agreement subject to such consent being obtained |
|
20 Nov 2003 |
|
315/02 |
Armstrong v Sehadew Oree t/a Oree's Cartage & Plant Hire
Section 3(1) Act 50 of 1956 – mineral – whether ordinary sand a ‘mineral' within the meaning of section 3(1). |
|
14 Nov 2003 |
|
533/02 |
Minister of Safety and Security and another v Carmichele
Delict - liability of State for negligence of police and prosecutors for a failure to oppose bail - accused thereafter attempted to murder plaintiff. |
|
14 Nov 2003 |
|
262/02 |
South African Municipal Workers Union (Samwu) v City Of Cape Town and others
Establishment of municipal police service in terms of Chapter 12 of South African Police Service Act 68 of 1995 – whether s 78 of Local Government: Municipal Systems Act 32 |
|
30 Sep 2003 |
|
316/02 |
Lloyds of London Underwriting Syndicates 969, 48, 1183 and 2183 v Skilya Property Investments (Pty) Ltd
Indemnity under contract of aviation insurance; whether exclusion of liability for illegal use incorporated in policy and, if so, whether aircraft used for an illegal purpose. |
|
30 Sep 2003 |
|
391/02 |
Road Accident Fund v Maphiri
Interpretation and application of s 36 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993. |
|
30 Sep 2003 |
|
148/03 |
Transnet Ltd t/a Metrorail and others v Rail Commuters Action Group and others
The meaning of the phrase ‘in the public interest' in ss 15(1) and 23(1) of the Legal Succession to the South African Transport Services Act 9 of 1989 discussed. |
|
29 Sep 2003 |
|
312/02 |
Lappeman Diamond Cutting Works (Pty) Ltd v MIB Group (Pty) Ltd and another
Extent of specialist insurance broker's duty to advise insured of implications of promissory warranty or obligation: when claim arose and whether prescribed. |
|
29 Sep 2003 |
|
477/02 |
De Villiers NO and another v BoE Bank Limited
Application to alter costs order after judgment - principles discussed and applied. |
|
26 Sep 2003 |
|
228/02 |
Bock and others v Duburoro Investments (Pty) Ltd
Suretyship – release of – parate executie – pactum commissorium – pledge of shares. |
|
26 Sep 2003 |
|
308/02 |
National Director Of Public Prosecutions v Kyriacou
Restraint order in terms of Prevention of Organised Crime act, 121 of 1998 – requirements for. |
|
26 Sep 2003 |
|
364/02 |
Rösemann v General Council Of The Bar Of South Africa
Advocate – professional misconduct – instruction by an attorney to do all the administrative and preparatory work normally done by an attorney should not be accepted by an advocate |
|
26 Sep 2003 |
|
386/02 |
Lutzkie NO and another v Zenith Concessions Ltd
Cheque – period of prescription. |
|
26 Sep 2003 |
|
457/02 |
Minister Of Safety And Security v Hamilton
Delict – police – legal duty to exercise reasonable care in considering, investigating & recommending application for firearm licence – liability for shooting by unfit person to whom firearm licence issued |
|
26 Sep 2003 |
|
464/02 |
Baartman and others v Port Elizabeth Municipality
Land – Land reform – eviction by organ of state – application of s 6(3) of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998. |
|
26 Sep 2003 |
|
475/02 |
Paola v Jeeva NO and others
Building plans – National Building Regulations and Building Standards Act 103 of 1977, ss 5, 6 and 7 – building control officer, non-appointment of |
|
26 Sep 2003 |
|
539/02 |
Amalgamated Beverage Industries Limited v Rond Vista Wholesalers
Contract of indefinite duration – whether terminable on reasonable notice a matter of construction – time of determining whether period of notice of termination reasonable a matter of construction |
|
26 Sep 2003 |
|
534/02 |
Minister Of Justice v Firstrand Bank Limited and others
Section 371 of the Companies Act does not apply to provisional liquidators. |
|
25 Sep 2003 |
|
636/02 |
Van Eck v S
Sentence – habitual criminal in terms of s 286(1) of Act 51 of 1977. |
|
23 Sep 2003 |
|
373/02 |
Minister Van Veiligheid En Sekuriteit en 'n ander v Geldenhuys
Deliktuele aanspreeklikheid van polisie op grond van aanranding – alternatiewelik, versuim om mediese hulp te ontbied – oorweging van wederregtelikheid, nalatigheid en oorsaaklikheid |
|
22 Sep 2003 |
|
602/02 |
Metro Projects Cc and another v Klerksdorp Local Municipality and others
Fairness in tender procedures mandated by Local Government Transition Act and Promotion of Administrative Justice Act – procedure unfair where wrong information on which to base award of tender given to mayoral committee |
|
22 Sep 2003 |
|
017/03 |
Avtjoglou v First National Bank Of Southern Africa
The grant of provisional sentence is not appealable. |
|
19 Sep 2003 |
|
249/02 |
Commercial Union Insurance Company Of SA Ltd v Wallace NO
Claims under policy of fire insurance – fraudulent claim – non-disclosure of material facts. |
|
19 Sep 2003 |
|
302/02 |
Thorpe and another v BOE Bank Limited and another
Bank – Banks Act 94 of 1990 – meaning of s 54(1) – agreement to transfer assets and liabilities – enforceability. |
|
19 Sep 2003 |
|
402/02 |
Van Wetten and another v Bosch and others
Section 2 (3) of the Wills Act 7 of 1953: intention of deceased to make a will. |
|
19 Sep 2003 |
|
443/02 |
Du Plessis v Road Accident Fund
Common law dependant's action extended to cover partner in a same-sex permanent life relationship similar in other respects to marriage where the deceased owed that partner a contractual duty of support |
|
19 Sep 2003 |
|
653/02 |
Mt 'Argun' v Master And Crew Of The Mt 'Argun' and others
Maritime law – admiralty – whether action in rem lapses when arrest by which it was instituted lapses – whether judgment given in action in rem after lapse of arrest can be executed against vessel under arrest in another action |
|
19 Sep 2003 |
|
024/03 |
Lloyds Of London (Certain Underwriters Of) v Harrison
Insurance policy – non-disclosure – vehicle imported unlawfully. |
|
18 Sep 2003 |
|
435/02 |
Law Society Of The Northern Provinces v Mamatho
Attorney – admitted in the TPD but practising in Venda – jurisdiction of the TPD to strike him off the roll of attorneys |
|
16 Sep 2003 |
|
280/02 |
Michau v Maize Board
Simulated contract – effect given to its true nature. |
|
12 Sep 2003 |
|
011/03 |
Uitenhage Transitional Local Council v South African Revenue Service
SCA Rules 8 and 12 – failure to lodge record timeously – condonation – factors affecting. Contract – interpretation – agreement to co-operate in pursuit of the claims of the respective parties – meaning. |
|
05 Sep 2003 |
|
129/03 |
Minister Of Environmental Affairs And Tourism v Du Toit and others
Marine Living Resources Act – applications for fishing rights – non-compliance with procedural requirements determined by General Notice under s 18(2) of the Act |
|
05 Sep 2003 |
|
452/02 |
Price and another v S
Prescribed minimum sentence – proceeds of stolen cheques laundered through attorneys' trust accounts – whether substantial and compelling circumstances prevent justifying imposition of lesser sentences than those prescribed. |
|
05 Sep 2003 |
|
202/02 |
Phillips and others v National Director Of Public Prosecutions
Restraint order under Prevention of Organised Crime Act 121 of 1998 – appealability of such order. |
|
04 Sep 2003 |
|
111/02 |
Road Accident Fund v Scholtz
Interpretation of articles 55, 56 and 57 of Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 - five-year prescription period in article 57 does not run against a minor. |
|
03 Jun 2003 |
|
404/02 |
S v Basson
Artikel 319 van Wet 51 van 1977 - 'n regsvraag ontstaan wanneer die feite waarop 'n verhoorhof sy uitspraak baseer 'n ander regsgevolg het as die regsgevolg wat die verhoorhof bevind het |
|
03 Jun 2003 |
|
355/02 |
Bezuidenhout v Road Accident Fund
Reg 2(1)(d) of the regulations promulgated in terms of s 26 of the Road Accident Fund Act 56 of 1996 held to be ultra vires. |
|
02 Jun 2003 |
|
577/02 |
American Natural Soda Corporation and another v Competition Commission of South Africa and others
Competition Act 89 of 1998 - appealability of decisions of Competition Appeal Court to Supreme Court of Appeal - necessity for leave to appeal. |
|
02 Jun 2003 |
|
068/02 |
Chevron Engineering (Pty) Ltd v Nkambule and others
Labour Relations Act 28 of 1956 – s 46(9)(c) read with s 49(3)(b) – Industrial Court precluded from granting reinstatement order retrospective beyond six months. |
|
02 Jun 2003 |
|
227/02 |
Telkom SA Ltd and others v Blom and others
Pension benefits - transfer of employment contracts in terms of s 197 of Labour Relations Act, 66 of 1995 - whether employees entitled to payment of pension benefits on transfer |
|
31 May 2003 |
|
100/02 |
Kudu Granite Operations (Pty) Ltd v Caterna Ltd
Contract failing through no fault of parties - remedy - enrichment action - requirements - calculation of interest on claim. |
|
30 May 2003 |
|
102/02 |
Matshikwe, Magistrate-Stutterheim v Mashiya
Magistrates' Courts - Higher courts' supervision of manner of functioning - Order that magistrate hear argument at specified time and give judgment an hour later - No case made out for such order - Order in circumstances unjustified. |
|
30 May 2003 |
|
145/02 |
Burg Trailers SA (Pty) Ltd and another v ABSA Bank Ltd and others
Banker; payment of cheque by banker; provisional bank entries. |
|
30 May 2003 |
|
198/02 |
Pepcor Retirement Fund and another v Financial Services Board and another
Locus standi of a functionary, empowered by legislation to make a decision in the public interest, to have that decision reviewed in a court of law and set aside; whether of a material mistake of fact should be a ground of review of such a decision. |
|
30 May 2003 |
|
231/02 |
Shoprite Checkers (Pty) Ltd v Bumpers Schwarmas CC and others
The court below erred on the facts in granting rectification. |
|
30 May 2003 |
|
277/02 |
Warner Lambert SA (Pty) Ltd v Commissioner for the South African Revenue Service
Whether social responsibility expenditure which the appellant was by United States legislation obliged to incur in South Africa was expenditure laid out for the purposes of trade and, if so, whether it was of a capital or a revenue nature. |
|
30 May 2003 |
|
290/02 |
Rane Investment Trust v Commissioner for the South African Revenue Service
Film investment; deduction under erstwhile ss 11bis and 24F of Income Tax Act 58 of 1962; contractual arrangements interpreted in light of parties' conduct. |
|
30 May 2003 |
|
392/02 |
Stannic v Samib Underwriting Managers (Pty) Ltd
Claim by cessionary of rights under insurance policy where insurer not notified of cession; onus of proving knowledge; distinction between actual and deemed (constructive) knowledge. |
|
30 May 2003 |
|
401/02 |
Smith v S
Assault to do grievous bodily harm - sentence - incident videotaped - effect upon sentence. |
|
30 May 2003 |
|
469/02 |
Barnard v S
Sentence in terms of s 276(1)(i) for theft of money from employer. |
|
30 May 2003 |
|
510/02 |
Makeba and another v S
Corroboration of accomplice - confession of co-accused used as corroboration for accomplice's evidence |
|
30 May 2003 |
|
429/02 |
Kgafela v S
Life sentence - substantial and compelling circumstances - not for a trial court to grant leave in order that SCA may reconsider its earlier decision - in this instance S v Malgas - such circumstances absent - life imprisonment confirmed. |
|
28 May 2003 |
|
344/02 |
Nedcor Investment Bank v Pretoria Belgrave Hotel (Pty) Ltd
Effect of insolvency on executory contract where seller had performed in full and immovable property registered in company's name before liquidation. |
|
27 May 2003 |
|
099/02 |
Cape Group Construction (Pty) Ltd t/a Forbes Waterproofing v Government of the United Kingdom
Exemption clause - faxed quotation not including same - whether fax to be construed as including same nonetheless - whether 'ticket' cases apply - whether reasonable steps taken to bring to attention of recipient of fax |
|
23 May 2003 |
|
303/02 |
Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale
Artikel 36(6) van die Wet op Deeltitels 95 van 1986 - die regspersoon ('body corporate') het nie die bevoegdheid om as eiser op te tree vir die verhaal van skade aan individuele eiendom nie. |
|
22 May 2003 |
|
001/02 |
Schoeman v Constantia Insurance Co Ltd
Insurance - burglary - claim allegedly partly fraudulent - no express forfeiture clause in policy - no such term implied ex lege or tacitly incorporated - when overvaluation of loss amounts to fraud - whether fraud proved. |
|
21 May 2003 |
|
253/02 |
Memory Institute SA CC t/a SA Memory Institute v Hansen and others
Anton Piller orders; copyright: proof of; approach to ex parte applications. |
|
16 May 2003 |
|
032/03 |
Minister of Environmental Affairs and Tourism and others v Phambili Fisheries (Pty) Ltd and another
Marine Living Resources Act - allocation of hake quotas - review of Chief Director's decision - numerous grounds - eg non-compliance with transformation goal - absence of reasons |
|
16 May 2003 |
|
323/02 |
CGU Insurance Ltd v Rumdel Construction (Pty) Ltd
Amendment to pleadings - substitution of one contract for another - prescription - whether amended pleading introduces a prescribed debt. |
|
16 May 2003 |
|
108/02 |
Commissioner for the South African Revenue Service v Tiger Oats Ltd
Regional establishment levy - Regional Services Council Act 109 of 1985 - investment holding - liable to pay levy on divedends received. |
|
15 May 2003 |
|
041/02 |
Premier Of The Province of the Western Cape v Fair Cape Property Developers (Pty) Ltd
Action for damages against Minister where his decision to grant an application for removal of resatrictive conditions of title has been set aside on review. Particular conduct not actionable - neither wrongful nor negligent. |
|
07 May 2003 |
|
127/02 |
Colyn v Tiger Food Industries Ltd t/a Meadow Feed Mills Cape
Rescission of judgement - Rule 42(1)(a) - mistake by attorneys - order not erroneously granted - good cause not shown for rescission at common law. |
|
31 Mar 2003 |
|
179/01 |
Bekker v Naude en andere
Bekragtiging al dan nie van 'n ongetekende dokument as testament - art 2(3) van die Wet op Testamente 7 van 1953 - 'opstel' vereis 'n persoonlike handeling. |
|
31 Mar 2003 |
|
264/02 |
Jayiya v Member of the Executive Council for Welfare, Eastern Cape Provincial Government and another
Contempt of court - official of provincial government - order ad pecuniam solvendam - whether incarceration competent - constitutional relief - remedy given by Promotion of Administrative Justice Act. |
|
31 Mar 2003 |
|
360/02 |
S v Mafiri
Unlawful possession of a firearm and ammunition in contravention of ss 2 and 36 of Act 75 of 1969 - firearm and ammunition found under pillow on a bed in a bedroom at the appellant's house |
|
31 Mar 2003 |
|
039/02 |
Wimbledon Lodge (Pty) Ltd v Gore NO and others
Sectional titles - disparity between deeds of sale and registered sectional plan - common areas lost - fraud - voting - use of nay votes gained by fraud |
|
31 Mar 2003 |
|
446/02 |
S v Assante
Fraud - sentence - 24 years' imprisonment confirmed. |
|
31 Mar 2003 |
|
500/01 |
Singh v Commissioner SARS
VAT Act 89 of 1991: the Commissioner must give notice to the taxpayer where he has made an assessment in terms of s 30(1) before he can recover the assessed amount in terms of s 40(2). |
|
31 Mar 2003 |
|
092/02 |
Telkom SA Ltd v Xsinet (Pty) Ltd
Spoliation - mandament - not available where supply of telecommunication systems in terms of contract disconnected. |
|
31 Mar 2003 |
|
032/02,
7001/00 |
Wagener v Pharmacare Ltd; Cuttings v Pharmacare Ltd
Product liability: whether manufacturer strictly liable in delict for harm caused by defective manufacture. |
|
28 Mar 2003 |
|
112/02 |
South African Veterinary Council and another v Veterinary Defence Association
SA Veterinary Council - locus standi of Veterinary Defence Association to review disciplinary action against member - disciplinary inquiry - correct approach where respondent does not testify - when failure to cross-examine significant. |
|
27 Mar 2003 |
|
132/02 |
Mutual and Federal Insurance Ltd v Gouveia
Interpretation of an exception clause in a policy of insurance |
|
27 Mar 2003 |
|
150/02 |
Graf v Buechel
A pactum commissorium in a contract of pledge is unenforceable even if the pledgor is not the pledgee's debtor. The creditor may keep the thing pledged if the pledgor has at any time agreed that he may do so |
|
27 Mar 2003 |
|
473/01 |
Interlink Postal Courier SA (Pty) Ltd v South African Post Office Ltd
The interpretation of s 16 of the Postal Services Act, 124 of 1998 in relation to the provision of a 'courier service'. |
|
27 Mar 2003 |
|
138/02 |
Stadsraad Van Alberton v Briti BK
Wet op Minerale 50 van 1991 - uitgrawing - herwinning van mineraal - klei - betekenis van 'myn'. |
|
26 Mar 2003 |
|
139/02 |
A M Moolla Group Ltd and others v Commissioner for SARS
Trade agreement with Malawi: application of s 46 (and rule 46), Customs and Excise Duty Act 91 of 1964 to imports from Malawi. |
|
26 Mar 2003 |
|
144/02 |
Road Accident Fund v Marunga
Award of general damages in personal injury claim - references to past awards - interference by court of appeal - inadequate motivation by trial court and striking disparity between amount awarded by trial |
|
26 Mar 2003 |
|
179/02 |
S v Maputle and another
No indication should be given to a trial court that an accused has a previous conviction. Such an indication is nevertheless not an irregularity which per se vitiates the trial |
|
26 Mar 2003 |
|
186/02 |
S v Zulu
A provincial or local division cannot hear an appeal from the magistrate's court in a criminal matter in the absence of compliance with ss 309B and 309C of the Criminal Procedure Act, 51 of 1977, where those sections were applicable. |
|
26 Mar 2003 |
|
199/02 |
Rand Water Board v Rotek Industries (Pty) Ltd
Application of section 21A of the Supreme Court Act 59 of 1959 - growing misperception that there has been a relaxation of the fundamental principle that courts will not make determinations which will have no practical effect. |
|
26 Mar 2003 |
|
057/02 |
Director of Public Prosecutions Kwazulu-Natal v Mekka
Section 164 of Act 51 of 1977 - finding that witness did not understand the nature and import of the oath - inquiry preceding finding not always necessary- court bound by its earlier decision in S v B 2003 (1) SA 552 (SCA). |
|
26 Mar 2003 |
|
488/01 |
Richtersveld Community and others v Alexkor Ltd and another
Restitution of Land Rights Act 22 of 1994. Richtersveld community entitled to restitution of customary law interest in land. |
|
24 Mar 2003 |
|
086/02 |
Jans v Nedcor Bank Ltd
Interruption or delay in the running of prescription in favour of the principal debtor interrupts or delays the running of prescription in favour of a surety. Rand Bank Ltd v De Jager 1982(3) SA 418 (C) overruled. |
|
24 Mar 2003 |
|
054/02 |
Absa Bank Ltd v Greyvenstein
Tjek gemerk 'nie oordraagbaar nie' - oordrag van eiendomsreg deur nemer aan `n derde as gevolg van valse voorstelling - toestemming van nemer dat verbod op oordraagbaarheid geignoreer word |
|
17 Mar 2003 |
|
118/02 |
First National Bank of Southern Africa Ltd v Barclays Bank Plc and another
Trade Marks Act 62 of 1963 - application for registration of 'Premier' and 'Premier Package' - laudatory marks - reasonably required for use in the trade. |
|
14 Mar 2003 |
|
079/01 |
South African Veterinary Council and another v Szymanski
Legitimate expectation - minimum requirements for invoking - must be a representation - and reliance upon it must be reasonable - Motion court proceedings - dispute of fact - basic position restated. |
|
14 Mar 2003 |
|
103/02 |
Omnia Fertilizer Ltd v Commissioner for the South African Revenue Service
'Recouped' in s 8(4)(a) of Income Tax Act 58 A 1962 - meaning of - whether recoupment effected. |
|
13 Mar 2003 |
|
119/02 |
Sackstein NO v Proudfoot SA (Pty) Ltd
Liquidation of external company - powers of South African liquidator to impeach dispositions having their origin in a foreign country |
|
07 Mar 2003 |
|
254/02 |
Mateis v Plaaslike Munisipaliteit Ngwathe en andere
'n Munisipaliteit val nie onder die begrip 'Staat' in die Wet op Staatsaanspreeklikheid 20 van 1957 nie, en sy bates en eiendom is vatbaar vir beslaglegging en eksekusie- verkoping. |
|
07 Mar 2003 |
|
486/01 |
Costa Da Oura Restaurant (Pty) Ltd t/a Umdloti Bush Tavern v Reddy
Delict - vicarious liability of employer for assault perpetrated by employee barman on customer. Usefulness of agreed statement of facts after trial for purposes of appeal highlighted |
|
07 Mar 2003 |
|
176/02 |
De Klerk v Absa Bank Ltd and others
Absolution from the instance at end of plaintiff's case - stringent test applied before granted - damages - loss of a chance to invest - distinction between causation and quantification - absolution set aside. |
|
06 Mar 2003 |
|
073/02 |
S v Jimenez
Dealing in drugs - Sentence - Relevant factors |
|
21 Feb 2003 |
|
670/02 |
S v Kock
No Summary |
|
14 Jan 2003 |
| |
|
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