| |
Case Nr |
Title |
Hearing Date |
Judgment Date |
Media Statement |
 |
542/04, 543/04 |
Pharmaceutical Society of South Africa and others: New Clicks South Africa (Pty) Limited v Minister of Health and another: Tshabalala-Msimang NO and another
Medicines and Related Substances Act – Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances – validity – legality (ultra vires) – Leave to appeal– |
30 Nov 2004 |
20 Dec 2004 |
 MS |
|
539/03 |
Agricultural Research Council v Bredell and Others
Rule 17.7 of Agricultural Research Council Pension Fund - increase of gratuity by employer – obligation to pay the Fund and not the member – unauthorised payment not recoverable from member. |
02 Nov 2004 |
02 Dec 2004 |
MS |
|
005/04 |
Buffalo City Municipality v Will Gauss and Another109 HT
Rule 17.7 of Agricultural Research Council Pension Fund - increase of gratuity by employer – obligation to pay the Fund and not the member – unauthorised payment not recoverable from member. |
19 Nov 2004 |
02 Dec 2004 |
MS |
|
502/03 |
S v Koopman
Appeal – findings of fact by trial court – correct approach of court of appeal – legal principles and guidelines – misdirections – judgment as a whole to considered – balanced approach required – contradictions between witnesses |
06 Sep 2004 |
02 Dec 2004 |
MS |
|
411/03 |
Director of Public Prosecutions, Transvaal v Viljoen9 HT
Appeal against acquittal of accused - judge a quo erred (a) in relying on hearsay statements contained in documents handed in during bail proceedings but not admitted during the trial; (b) in ruling against the admissibility of evidence .. |
12 Nov 2004 |
02 Dec 2004 |
MS |
|
642/02 |
S v Katoo
Criminal Procedure Act 51 of 1977 s 194 – incompetence of a witness afflicted with mental illness or imbecility |
02 Nov 2004 |
30 Nov 2004 |
MS |
|
569/03 |
Hollard Life Assurance Company Limited v Van Der Merwe NOeg, app
Interpretation of exclusion clause in insurance policy – whether accidental, wholly self-inflicted injury falling within ambit of clause |
19 Nov 2004 |
30 Nov 2004 |
- |
|
565/03 |
Samancor v Mutual and Federal Insurance Company Limited and Others
Two insurers indemnifying insured against damage to same equipment – insurer who paid insured's claim seeking recovery from co-insurer – whether subrogation or contribution correct remedy against co-insurer |
01 Nov 2004 |
30 Nov 2004 |
MS |
|
560/03 |
Eskom v Bonjanala Platinum District Municipality and Another
Prescription – Regional Service Council levies paid without liability – claim for refund – s 11(a)(iii) of Act 68 of 1969 – 30 years in respect of taxation – operates in favour of taxgatherer only ... |
15 Nov 2004 |
30 Nov 2004 |
MS |
|
557/03 |
Road Accident Fund v Mkhize
Passenger in cab of disabled tanker in tow – injured when tanker capsized – injury caused by negligence of tow truck driver – respondent a passenger as contemplated by s 18(1) of the Road Accident Fund |
10 Nov 2004 |
30 Nov 2004 |
MS |
|
543/03 |
AM Moolla Group Limited and Others v The Gap
Counterfeit Goods Act 37 of 1997 – whether goods in transit or transhipped through South Africa subject to provisionsv of Act |
23 Nov 2004 |
30 Nov 2004 |
- |
|
516/03 |
Brink v Humphries & Jewell Pty Limited
Defence of iustus error upheld where a personal suretyship by the signatory was included in an application for credit signed on behalf of a company. Order in para [13]. |
09 Nov 2004 |
30 Nov 2004 |
MS |
|
513/03 |
Brandt v State
Sentence – s51(3)(b) of the Criminal Law Amendment Act 105 of 1997 interpreted – suitability of imprisonment for life as a sentencing option for child offenders considered |
09 Nov 2004 |
30 Nov 2004 |
MS |
|
478/03 |
MEC: Department of Finance, Economic Affairs and Tourism (Northern Province) v Mahumania
Presiding officer at disciplinary hearing of public servant- vested with discretion to grant legal representation in terms of clause 7(3)e of the Disciplinary Code applicable to public servants. |
08 Nov 2004 |
30 Nov 2004 |
- |
|
458/03 |
Taylor v Minister for Safety and Security and Another
Special plea - notice of intention institute action against the Minister and a member of the South African Police Service not in compliance with s 57(2) of the South African Police Service Act 68 of 1995 in that it was not served ... |
18 Nov 2004 |
30 Nov 2004 |
- |
|
439/03 |
Hay management consultants v P3 Management consultants
Practice: jurisdiction – implied contractual submission – whether can be relied on in action not arising from the contract – weight to be attached to domicilium and choice of law clauses |
23 Nov 2004 |
30 Nov 2004 |
MS |
|
421/03 |
Durandt v Fedsure General Insurance Ltdg
Insolvency: Theft by co-trustee from estate – liability of innocent trustee – interpretation of surety bond furnished to the Master. |
22 Nov 2004 |
30 Nov 2004 |
MS |
|
232/03 |
Fourie and Another v Minister of Home Affairs and Others
Constitution – Bill of Rights – Right to equality – Sexual orientation – Right to marry – Development of common law – Definition of marriage developed to include same-sex partners – Order developing common law not to be suspended |
23 Aug 2004 |
30 Nov 2004 |
MS |
|
043/04 |
National Director of Public Prosecutions v Phillips and Others
Restraint order in terms of s 26(1) of Act 121 of 1998 – court granting it has no inherent jurisdiction to rescind or vary the order – power to do so limited to the grounds prescribed in the Acts |
11 Nov 2004 |
30 Nov 2004 |
MS |
|
559/04 |
Gold Fields Limited and Another v Harmony Gold Mining Company Limited and Others
Offer to exchange shares in public companies – whether an offer for subscription to the public for purposes of s 145 of the Companies Act 1973. |
24 Nov 2004 |
26 Nov 2004 |
MS |
|
488/03 |
Road Accident Fund v Mgweba
Motor vehicle collision with pedestrian – Negligence – proof of excessive speed – Circumstantial evidence based on physical evidence – limits to reconstruction by court – distinction between conjecture and acceptable deductive reasoning – Reaction time |
11 Nov 2004 |
26 Nov 2004 |
- |
|
531/03 |
Lubbe v Louw
Veld fire – failure by landowner to prevent fire spreading to neighbouring farms – whether omission unlawful – whether presumption of negligence |
08 Nov 2004 |
25 Nov 2004 |
MS |
|
146/03 |
National Director of Public Prosecutions v Rautenbach and Another
Prevention of Organised Crime Act 121 of 1998. Two separate appeals: (1) Ancillary appeal - provisional restraint order - effect of noting of appeal against order setting it aside (2) Main appeal - restraint order - |
19 Aug 2004 |
22 Nov 2004 |
MS |
|
087/04 |
Foodcorp v Deputy Director General: Department of Environmental Affairs and another
Administrative law – review – fishing quotas – formula produces irrational results – setting aside of allocations |
01 Nov 2004 |
19 Nov 2004 |
MS |
|
555/03 |
Noormohamed v Visser and another
A purchaser who assigns rights and obligations arising from sale at public auction not a ‘nominee' or ‘trustee' in terms of Conditions of Saleu |
03 Nov 2004 |
19 Nov 2004 |
MS |
|
456/03 |
Kern v Minister of Safety and Security
Policemen guilty of rape – whether rape committed in the course and scope of their employment so as to render the respondent vicariously liable – order in para 9.u |
02 Sep 2004 |
11 Nov 2004 |
MS |
|
427/03 |
Metlika and Others v Commissioner for South African Revenue Services
Interim interdict – appealability – an order is in effect final and appealable if of immediate effect and not to be reconsidered at the trial or on the same facts – jurisdiction |
06 Sep 2004 |
01 Oct 2004 |
MS |
|
027/04 |
Nissan South Africa (Pty) Limited v Marnitz and Others
Banking – mistaken transfer of money into incorrect bank account – accountholder not entitled to money |
17 Sep 2004 |
01 Oct 2004 |
MS |
|
176/04 |
S v Van Wyk
...belang van geregtigheid om vrylating toe te laat. Borg – wesenlike vooruitsig beskuldigde een of ander tyd verhoor mag ontwyk – nie in belang van geregtigheid om vrylating toe te laat nie. |
22 Sep 2004 |
30 Sep 2004 |
MS |
|
469/03 |
Pellow and Another v Club Refrigeration CCnymousAccessCo
The effect of a reservation of ownership clause in a contract of locatio conductio operis (lump sum building contract) in favour of the building contractor, where insolvency of the employer has supervened before the works have been completed, discussed. |
16 Sep 2004 |
29 Sep 2004 |
MS |
|
440/03 |
Southernport Developments (Pty) Ltd v Transnet Ltd
Contracts - lease - essential elements of - restated - an agreement to negotiate in good faith - which is linked to a provision that an arbitrator's award will be final in the event of a dispute between the parties – does not lack certainty - |
16 Aug 2004 |
29 Sep 2004 |
MS |
|
401/03 |
Weare v Commissioner for South Africa Revenue Service
Overpayment of VAT – refundable in terms of s 44(2)(a) of Act 89 of 1991, not in terms of s 44(1) – overpayment in terms of prevailing practice. |
|
29 Sep 2004 |
MS |
|
384/03 |
Wasserman Bate Trust and another v The Premier, Free State Provincial Government
Interpretation and application of a Road Ordinance (Free State) authorising a provincial authority to enter upon and take possession of land for the purpose of excavating for and removing road-building materials .. |
17 Sep 2004 |
29 Sep 2004 |
MS |
|
375/03 |
Minister for Provincial and Local Government of the Republic of South Africa v Unrecognized Traditional Leaders of the Limpopo Province (Sekhukhuneland)
Promotion of Access to Information Act 2 of 2000 – limitation in terms of s 44(1) – interpretation and application |
23 Aug 2004 |
29 Sep 2004 |
MS |
|
350/03 |
S v Mvamvu
Rape – Appeal by State against sentence– rural and unsophisticated accused sentenced to an effective 5 years' imprisonment for the multiple rape (on two occasions) of his customary law wife – substantial and compelling circumstances found to exist– |
09 Sep 2004 |
29 Sep 2004 |
MS |
|
322/03 |
De Maayer v Serebro and Another
Application for special leave to appeal – once an application is refused – decision final. Action for damages – proof of negligence – two vehicles colliding – third party turning across path of travel of insured driver– |
10 Sep 2004 |
29 Sep 2004 |
MS |
|
237/03 |
Health Professions Council of South Africa v De Bruin
Medical practitioner struck off register for disgraceful conduct – application for review and appeal in terms of section 20 of Health Professions Act 56 of 1974 both successful before High Court – appeal by Health Professions Council against penalty of three months' suspension ... |
14 Sep 2004 |
29 Sep 2004 |
MS |
|
136/03 |
South Africa Ltd v Peens and Others
Fraudulent ‘cross-firing' scheme – Bank's attempt to dishonour fraudulent cheques outside time allowed by clearing house rules thwarted by objection from collecting bank – Customer never countermanding original instructions– |
13 Sep 2004 |
29 Sep 2004 |
MS |
|
042/04 |
S v Van Dyk
Sentence – offender found in possession of 378 abalone – sentenced to 18 months' imprisonment in terms of s 276 (1)(i) of Act 57 of 1977 – whether correctional supervision could be imposed for a statutory offence if the statute in .. |
02 Sep 2004 |
29 Sep 2004 |
- |
|
348/03 |
Van Zijl v Hoogenhout
Summary:Prescription – Act 18 of 1943 s 5(1)(c) - claim by adult survivor of child abuse against perpetrator – assaults committed between 1958 and 1967 – plaintiff attaining majority in 1973 – effect of abuse on ability to attribute blame to abuser– |
30 Aug 2004 |
27 Sep 2004 |
MS |
|
314/03 |
Gouda Boerdery BK v Transnet Limited
Fire in railway reserve 20 m wide – not a ‘veldfire' within the meaning of s 34 of of Act 101 of 1998 – meaning of that section – appellant's action in delict – legal duty on respondent not to cause harm negligently |
31 Aug 2004 |
27 Sep 2004 |
MS |
|
294/03 |
Western Platinum Ltd v Commissioner for South Africa Revenue Service
Income Tax - attributes of income from mining operations capable of being set off by taxpayer against mining capital expenditure - when interest receipts qualify as mining income. |
17 Aug 2004 |
27 Sep 2004 |
MS |
|
364/03 |
Bezuidenhout v Bezuidenhout
Divorce - redistribution of assets in terms of s 7(3) of Act 70 of 1979 - 'general guide' of equal division adopted by English courts - not part of our law - consideration that traditional role of wives should not be undervalued ... |
27 Aug 2004 |
23 Sep 2004 |
MS |
|
022/95 |
S v Musingadi and others
Criminal law - common purpose - expansion of - whether effective disassociation from. Criminal law - circumstantial eveidence - weight of - failure to controvert by defence testimony - |
31 Aug 2004 |
23 Sep 2004 |
MS |
|
196/03, 435/03 |
Pieterse v Shrosbree and others
Long Term Insurance Act 52 of 1998 - s 63 - does not purport to regulate the payment of the proceeds of a life policy. |
10 Sep 2004 |
23 Sep 2004 |
- |
|
186/03 |
Land and Agricultural Bank of South Africa v Parker and others
Trusts - Authority to bind trust - Sub-minimum of trustees cannot bind trust - Even where majority of trustees have power to bind trust, power must be properly exercised - Abuse of trust form - Courts' duty to develop trust law ... |
09 Sep 2004 |
23 Sep 2004 |
MS |
|
373/03 |
Mutual and Federal Limited v Rumdel Construction (Pty) Limited
Insurance - contract works damaged by cyclone - insurer's contention reje ted that contractor not laible to repair damage and hence had no insurable interest in works - claim not excluded by special exception ... |
24 Aug 2004 |
21 Sep 2004 |
MS |
|
334/03 |
Mpakathi v Kgotso Development CC and others
Local authority - Councillors - Purchase of property at a sale in execution where municipality the judgment creditor - According to agreed facts, magistrate acquired certain 'rights' in terms of conditions of sale |
03 Sep 2004 |
20 Sep 2004 |
- |
|
359/03 |
Geldenhuys v East & West Investments (Pty) Ltd
Joint and several liability for partnership debt - effect where one former partner settles with creditor - other does not |
09 Sep 2004 |
17 Sep 2004 |
MS |
|
280/03 |
Holtzhausen v Absa Bank Limited
An action is maintainable in delict for a negligent misstatement causing pure pecuniary loss even if a concurrent action is available in contract. |
07 Sep 2004 |
17 Sep 2004 |
MS |
|
268/03 |
Associated Institutions Pension Fund and others v Van Zyl and others
Pension funds - review of actuarial determination of 'funding percentage' in terms of regulations promulgated under Act 41 of 1963 - interpretation of regulations - review of determination on substantive grounds .. |
16 Aug 2004 |
17 Sep 2004 |
MS |
|
369/03 |
Swire Pacific Offshore Services (Pte) Ltd v Rosana Bank and another
Salvage - no closed list of categories of persons entitled to salvage reward - persons entitled to reward in respect of services by a salving vessel not limited to the owner or demise charterer. |
20 Aug 2004 |
16 Sep 2004 |
MS |
|
242/03 |
Laugh It Off Promotions CC v South African Breweries International
Trademark infringement - Trade Marks Act 194 of 1993 s 34(1)(c) - dilution - effect on freedom of expression |
30 Aug 2004 |
16 Sep 2004 |
MS |
|
183/02 |
S v Sithole
Criminal Law - Evidence - When inference may be drawn from accused's untruthful assertion that he waived right to pre-trial silence 'Value' in minimum sentence legislation - Dagga in bulk ... |
30 Aug 2004 |
16 Sep 2004 |
MS |
|
572/03 |
Mahlangu NO v Minister of Land Affairs and others
Restitution of Land Rights Act 22 of 1994 - direct access to Land Claims Court - when permitted. |
27 Aug 2004 |
14 Sep 2004 |
- |
|
571/03 |
S v Cronje
Road Traffic Regulations - Regulation 232 does not purport to lay down a standard for determination of the actual mass or massload of a vehicle - whether the maximum permissable mass or massload has been exceeded is a question of fact. |
17 Aug 2004 |
10 Sep 2004 |
MS |
|
656/02 |
South African Forestry Company Limited v York Timbers Limited
Where contractual provisions became unworkable through statutory amendments while government still a party to contracts - appellant as successor to government's right and aobligations cannot rely on supervening impossiblility - |
20 Aug 2004 |
09 Sep 2004 |
MS |
|
500/03 |
S v Hammond
Evidence - sexual misconduct cases - the purpose for which evidence of a first report in a sexual misconduct case may be used, analysed and defined. |
23 Aug 2004 |
03 Sep 2004 |
MS |
|
417/03 |
S v Stevens
Approach to evaluation of evidence of single witnesses - assessment of totality of evidence - misdirections by trial and appeal courts. |
26 Aug 2004 |
02 Sep 2004 |
- |
|
402/03 |
Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and another
Application of s 21A of the Supreme Court Act 59 of 1959 - consideration of s 21A(3) - whether exceptional circumstances present justifying a hearing of the appeal |
16 Aug 2004 |
02 Sep 2004 |
- |
|
218/03 |
Minister of Safety and Security and another v Rudman and another
Delict – child suffering severe hypoxic brain damage from near drowning in unsecured family swimming pool – whether policeman attending scene and stopping cardio-pulmonary resuscitation commenced earlier acted wrongfully and negligently and ... |
23 Mar 2004 |
18 Aug 2004 |
MS |
|
054/03 |
Mthembi-Mahanyele v Mail and Guardian Limited and another
Defamation of a cabinet minister by implying that she was corrupt: cabinet ministers do have locus standi to sue for defamation; but publication found to be both justifiable (lawful) and reasonable in all the circumstances |
07 May 2004 |
02 Aug 2004 |
- |
|
073/03_2 |
Standard Bank of South Africa Ltd v Koekemoer and others
Judgment Part 2 |
14 May 2004 |
02 July 2004 |
- |
|
448/02 |
Price Waterhouse Coopers Inc and others v National Potato Co-Operative Ltd
Champerty – an agreement in terms of which a person provides a litigant with funds to litigate in return for a share of the proceeds of the litigation is not contrary to public policy or void ... |
11 May 2004 |
01 Jun 2004 |
MS |
|
220/03_2 |
De Jongh v Du Pisanie NO
Regstelling van syferfout en gevolglike berekeningsfout in uitspraak gelewer op 25 Mei 2004. Vervangende bevel in para 4. Judgment Part 2 |
04 May 2004 |
01 Jun 2004 |
MS |
|
155/03 |
Ukubona 2000 Electrical CC and another v City Power Johannesburg (Pty) Limited
Section 84 of the Insolvency Act 24 of 1936 does not create a statutory hypothec for a creditor who does not own the merx at time of the insolvency of the debtor... |
17 May 2004 |
01 Jun 2004 |
MS |
|
246/03 |
ABSA Bank Ltd v Swanepoel NO
Contract – Interpretation – Provisions in written agreement not all necessarily having operational effect – Clause in bond agreement recording that borrower has chosen to accept life cover – Not intended to make bond-holder life insurer ... |
21 May 2004 |
31 May 2004 |
MS |
|
194/03 |
Commissioner South African Revenue Service v Streicher
Estate duty – valuation of immovable estate property – s 5(1)(a) of Estate duty Act – meaning of ‘in the course of the liquidation of the estate'. |
14 May 2004 |
31 May 2004 |
- |
|
150/03 |
Meihuizen Freight (Pty) Ltd v Transportes Maritimos de Portugal LDA and others
Attachment of money in bank account of third party to found or confirm jurisdiction in maritime claim against party on whose behalf money received by third party as agent to receive payment – not permissible ... |
10 May 2004 |
31 May 2004 |
- |
|
183/03 |
Delta Motor Corporation (Pty) Ltd v Van der Merwe
Refusal of interdict restraining defamation - wrongfulness - whether alleged defamatory statement a fair comment on a matter of public interest - order in paragraph 16, page 16. |
03 May 2004 |
31 May 2004 |
MS |
|
083/03 |
FJS Painting CC v Absa Bank Limited
Liability of a collecting banker for negligence – ownership of cheque presented for collection – requirements – order in para 16 |
18 May 2004 |
28 May 2004 |
MS |
|
615/02 |
Minister of Transport v Du Toit
National Roads Act s 8(1)(c) and Expropriation Act s 12(1)(b) – Land – expropriation of temporary right to use property for purposes of upgrading national road – actual financial loss – proof of – Constitutional entitlement (s 25(3)). |
13 May 2004 |
28 May 2004 |
MS |
|
049/03 |
Independent Newspapers Holdings Ltd and others v Suliman
Defamation – newspaper reports that plaintiff arrested as suspect in bombing of restaurant – defamatory but substantially true – publication of plaintiff's identity and photograph prior to appearance in court not in public interest ... |
01 Mar 2004 |
28 May 2004 |
MS |
|
428/03 |
Platinum Holdings (Pty) Limited and others v Victoria and Alfred Waterfront (Pty) Ltd and another
Respondents obtaining declaratory order that second, third and fourth appellants vacate leased premises –oral agreements concluding new leases alleged – such allegation not sustainable in light of contemporary correspondence ... |
17 May 2004 |
28 May 2004 |
MS |
|
041/03 |
Oudekraal Estates (Pty) Limited v City of Cape Town and others
Administrative decision – whether validly taken - consequences of invalidity. |
17 Feb 2004 |
28 May 2004 |
MS |
|
337/03 |
State v Karolia
Appeal against sentence by the state in terms of s 316 B of the Criminal Procedure Act, 51 of 1977, (the Act) tests for a special entry by an accused in terms of s 317 of the Act; compulsory sentences prescribed ... |
03 May 2004 |
28 May 2004 |
MS |
|
318/03 |
S v Botha
Sentence–role of assessors in alleged irregularity – should be raised by means of a special entry recommendation by judicial officer on parole – undesirable practice. |
14 May 2004 |
28 May 2004 |
MS |
|
297/03 |
Land and Agricultural Bank of South Africa v Janse van Rensburg NO and another
Land Bank Act 13 of 1944 (repealed) – Bank's power under s 34 – Does not include power to make advances secured by mortgage bond – Such advances empowered only by s 25... |
17 May 2004 |
28 May 2004 |
MS |
|
223/03 |
Farocean Marine (Pty) Ltd v Malacca Holdings Limited and another
Attachment to found or confirm jurisdiction – nature of prima facie case required against defendant in the alternative – joinder of further defendant in the alternative – section 5(1) of Act 105 of 1983 permitting ... |
06 May 2004 |
28 May 2004 |
MS |
|
219/03 |
Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter
Estoppel by conduct as defence to rei vindicatio - requirements for representation clarified. |
21 May 2004 |
28 May 2004 |
- |
|
217/03 |
MEC for Department of Public Works (Eastern Cape) v Faltein
Vicarious liability – driver employed as such but not authorised to drive on specific journey – whether acting in course and scope of his employment when taking over from authorised driver and negligently causing accident ... |
07 May 2004 |
28 May 2004 |
- |
|
019/03 |
Fonjana v Multilateral Motor Vehicle Accident Fund and another
Article 46 of Schedule to Act 93 of 1989 – meaning of phrase 'rendering military service' – not confined to active military service or combat service –connection between conveyance and military service not required by the article. Order in para 29. |
18 May 2004 |
28 May 2004 |
MS |
|
073/03 |
Standard Bank of South Africa Ltd v Koekemoer and others
Trusts – Trust Deed empowering trustees to enter into loan agreements and to encumber trust property in the process – lending bank under no obligation to protect beneficiaries in circumstances of case. Judgment Part 1 |
14 May 2004 |
27 May 2004 |
- |
|
593/02 |
S v Jaipal
Criminal Procedure : Irregularity in connection with or during trial – assessors seen by public to be present in same office as prosecutor and investigating officer during first eight days of trial... |
17 May 2004 |
27 May 2004 |
MS |
|
187/03 |
Modder East Squatters and another v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa and others v Modderklip Boerdery (Pty) Ltd
Illegal occupation of land – infringement of constitutional rights of owner and of occupiers – constitutional damages |
03/04 May 2004 |
27 May 2004 |
MS |
|
344/03 |
S v Adendorff
Criminal law – theft of motor vehicle – admissibility of evidence – whether guilt proved beyond reasonable doubt – irregular leading of accused's evidence. |
11 May 2004 |
25 May 2004 |
MS |
|
220/03 |
De Jongh v Du Pisanie NO
Kwantifisering van skadevergoeding – liggaamlike beserings – veral breinbeserings – koste van versorging – voorsiening vir gebeurlikhede – algemene skadevergoeding – bevel in para 70. Judgment Part 1 |
04 May 2004 |
25 May 2004 |
MS |
|
347/03 |
Vermeulen v S
Whether s 51 (3) of the Criminal Law Amendment Act 105 of 1997 applies, and whether there are substantial and compelling circumstances in terms of that section. |
13 May 2004 |
24 May 2004 |
MS |
|
023/03 |
Welch v Commissioner for the South African Revenue Service
Donations Tax – Whether exigible on value of assets settled upon trust primarily to enable trustees to discharge settlor's maintenance obligations in terms of an order for divorce incorporating a consent paper ... |
11 Mar 2004 |
21 May 2004 |
MS |
|
209/03 |
Road Accident Fund v Mbendera and others
A truck designed and suitable for use on haul roads is a motor vehicle as defined by s 1 of the Road Accident Fund Act 56 of 1998. |
07 May 2004 |
17 May 2004 |
MS |
|
260/03 |
National Director of Public Prosecutions v R O Cook Properties (Pty) Ltd
3 Judgments National Director of Public Prosecutions v: 1) R O Cook Properties- 260/03, 2)37 Gillespie Street Durban (Pty) Ltd and another- 666/02, 3) Seevnarayan- 111/03 Assets forfeiture ... |
24 Feb 2004 |
13 May 2004 |
MS |
|
098/03 |
Transnet Ltd v Sechaba Photoscan (Pty) Ltd
Delictual claim for damages – public tender process – tenderer for purchase contract fraudulently deprived of award when due to win tender – whether loss of profits that it would have earned claimable in delict. |
01 Mar 2004 |
04 Apr 2004 |
MS |
|
A9/03 |
Nel NO and another v Master of the High Court and others
Liquidator's remuneration – reduction of by Master for ‘good cause' – interpretation of s 384(1) and (2) of Companies Act 51 of 1973 – ambit of court's powers to review such ruling by Master. |
09 Mar 2004 |
01 Apr 2004 |
MS |
|
077/03 |
Ikea Trading und Design AG v BOE Bank Ltd
Meaning of s 1(1) of the Security by Means of Movable Property Act 57 of 1993: description of property in a notarial bond must be such that it is readily recognisable from the description alone |
18 Mar 2004 |
01 Apr 2004 |
MS |
|
522/03 |
Fourie NO and others v Edeling NO and others
Liquidation of unlawful pyramid scheme – whether repayment by scheme of participants' contributions was undue preference – whether payment by scheme of gains to participants was a disposition without value |
23 Mar 2004 |
01 Apr 2004 |
MS |
|
503/02 |
Powell NO and others v Van der Merwe and others
National Prosecuting Authority Act 32 of 1998 – Authorisation of investigation: requirements – Search warrants: requirements for issue and requirements for validity – Voidness for over-breadth |
04 Mar 2004 |
01 Apr 2004 |
MS |
|
245/03 |
Ferreira and others v State
Murder: life sentence: whether substantial and compelling circumstances warranted lesser sentence : first accused a woman living in intimate domestic partnership : repeatedly abused : paid co-accused to kill her partner. |
22 Mar 2004 |
01 Apr 2004 |
MS |
|
680/02 |
Soil Fumigation Services Lowveld CC v Chemfit Technical Products (Pty) Ltd
Unliquidated counterclaim for amount less than claim in convention – can in principle constitute 'bona fide defence' to corresponding part of claim – court's discretion ... |
18 Mar 2004 |
31 Mar 2004 |
MS |
|
634/02 |
Juglal NO and another v Shoprite Checkers (Pty) Ltd
Notarial bond – validity of parate executie clause and other terms enabling bondholder to use and dispose of secured movables. |
02 Mar 2004 |
31 Mar 2004 |
MS |
|
622/02 |
Standard General Insurance Company Limited v Commissioner for Customs and Excise
Customs and Excise Act – liability of clearing agent for payment of duty. |
04 Mar 2004 |
31 Mar 2004 |
- |
|
254/03 |
Govender and others v State
Evaluation of evidence - one must guard against a tendency to focus too intently upon separate and individual parts of what is after all a mosaic of proof. Culpable homicide-suspect fatally assaulted whilst in police custody ... |
24 Feb 2004 |
31 Mar 2004 |
MS |
|
100/03 |
Ndamase v Functions 4 All
In terms of the Magistrates' Courts Act, 32 of 1944, magistrates courts have jurisdiction in respect of claims for provisional sentence – Rule 14A of Magistrates' Courts Rules of Court not ultra vires ... |
17 Mar 2004 |
31 Mar 2004 |
MS |
|
034/03 |
Commissioner for the South African Revenue Services v Megs Investments (Pty) Ltd and another
Income tax - Set-off of assessed loss in termsof s 20 of Act No 58 of 1962 - whether the tax-payer, a company, carried on a trade within the republic during the tax year in question. |
17 Mar 2004 |
31 Mar 2004 |
MS |
|
001/03 |
FirstRand Bank Limited v Nedbank (Swaziland) Limited
Special plea of prescription – amendment of particulars of claim – different right of action – prescription not interrupted. |
23 Mar 2004 |
30 Mar 2004 |
MS |
|
075/03 |
Road Accident Fund v Shabangu and another
No legal duty owed to the Road Accident Fund by an attorney who innocently submits a claim on behalf of an impostor. In any event no negligence established. Liability limited to fraud. |
16 Mar 2004 |
30 Mar 2004 |
MS |
|
044/03 |
Bullock NO and others v Provincial Government of North West Province and another
The disposal of a right in land vested in an organ of State may be administrative action as contemplated in s 33, read as set out in item 23 of schedule 6, of the Constitution... |
26 Feb 2004 |
30 Mar 2004 |
- |
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086/03 |
Unitrans Freight (Pty) Ltd v Santam Ltd
Extension clause in motor insurance policy – whether it obliges insurer to indemnify authorised user of insured vehicle as contemplated by s 156 of the Insolvency Act 24 of 1936. |
15 Mar 2004 |
29 Mar 2004 |
- |
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644/02 |
Premier Van Die Gautengse Provinsiale Regering v Myburgh
Pensioengratifikasie betaalbaar deur Pensioenfonds ingevolge Proklamasie 21 van 1996 – beweerde ooreenkoms dat die appellant uit hoofde van afsonderlike ooreenkoms vir betaling van rente op gratifikasie aanspreeklik is ... |
11 Mar 2004 |
29 Mar 2004 |
MS |
|
574/02 |
Pretoria East Builders CC and another v Basson
Sale of res aliena - written agreement for the sale of land belonging to another - no proof that owner authorized seller to sell on its behalf - owner not bound - no enforceable contract because counter-offer not accepted in writing... |
15 Feb 2004 |
29 Mar 2004 |
MS |
|
087/03 |
Impala Water Users Association v Lourens NO and others
Water – National Water Act 36 of 1998 - Mandament van Spolie – whether rights of water users who were entitled to rights under previous Water Act 54 of 1956 capable of protection by mandament of spolie when restricted by water supplier .... |
24 Feb 2004 |
26 Mar 2004 |
MS |
|
647/02 |
Absa Bank Ltd v Burmeister and others
Interpretation of s 37D(1)(b) of Pension Funds Act 24 of 1956 |
08 Mar 2004 |
26 Mar 2004 |
MS |
|
312/03 |
Kotzé v Suidwestelike Transvaalse Landboukoöperasie
Acknowledgment of indebtedness and undertaking to pay in specified instalments – whether creditor which rejects undertaking may sue on the acknowledgment. |
05 Mar 2003 |
26 Mar 2004 |
MS |
|
114/03 |
Abrams v Allie NO and others
Restitution of a right in land in terms of Act 22 of 1994 – meaning of ‘dispossessed' – underlying object of acquisition to implement past racially discriminatory law or practice – on the facts market value the equivalent ... |
20 Feb 2004 |
26 Mar 2004 |
MS |
|
103/03 |
Meeg Bank Ltd v Waymark and others
Dissolution of a corporation by proclamation in terms of s 13 of Transkei Corporations Act 10 of 1976 as amended – status of subsequent general notice correcting omission in such proclamation. |
23 Mar 2004 |
26 Mar 2004 |
- |
|
096/03 |
Metcash Trading Ltd v Credit Guarantee Insurance Corporation Of Africa Ltd
Interpretation of insurance contract. Condition excluding liability of insurer not void for vagueness. ‘Claim' means demand for indemnity in a particular amount. Failure to lodge claim timeously results in insurer being free of liability. |
09 Mar 2004 |
25 Mar 2004 |
MS |
|
038/03 |
Man Truck & Bus (SA) (Pty) Ltd v Dorbyl Limited t/a Dorbyl Transport Products And Busaf
Contractual obligations held to be reciprocal. A decision to refer motion proceedings to evidence held not to be appealable. |
17 Feb 2004 |
25 Mar 2004 |
- |
|
263/03 |
Director-General: Department Of Trade And Industry and another v Shurlock International (Pty) Ltd
General Export Incentive Scheme Guidelines (Revision 2) – whether exporter must repay an incentive payment if original documents listed in para 3.9 of Scheme Guidelines cannot be produced within five year period thereafter. |
02 Mar 2004 |
25 Mar 2004 |
MS |
|
584/02 |
Madzivhandila and others v Madzivhandila and another
Effect of agreement to hold property as nominee - whether agreement in violation of s 23 of the Venda Public Service Act 8 of 1986 – interpretation and application of s 23 of the Act - issue of illegality raised for the first time on appeal. |
17 Feb 2004 |
24 Mar 2004 |
- |
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168/03 |
Msunduzi Municipality v Member Of The Executive Council Of Kwazulu-Natal Province For Housing and another
Section 3(3)(a) of Act 79 of 1984 – exemption from municipal rates – State property held in trust– meaning of – whether first respondent succeeded the South African Development Trust as trustee .... |
05 Mar 2004 |
24 Mar 2004 |
MS |
|
105/03 |
Santam Beperk v Biddulph
Insurance fraud – credibility - upsetting finding of credibility on appeal |
26 Feb 2004 |
24 Mar 2004 |
MS |
|
665/02 |
Khosis Community At Lohatla and others v Minister Of Defence and others
Restitution of Land Rights Act 22 of 1994 – application under s 34 declaring in advance that communiti |
