| |
Case
Nr |
Title |
Hearing
Date |
Judgment Date |
Media Statement |
 |
047/06 |
Govender v The State [2006] SCA 175 (RSA)
Murder – appeal against conviction and sentence - appellant found to have shot at deceased in self-defence – thereafter fired further shot at deceased that was not justified – evidence does not establish that the deceased was still alive at time that shot was fired - appellant guilty of attempted murder – sentence altered accordingly |
07 Nov 2006 |
15 Dec 2006 |
|
|
11/05 |
Nwamitwa Shilubana v Nwamitwa [2006] SCA 174 (RSA)
Customary law – whether election of first appellant as Hosi constituted an ad hoc decision to re-establish family line ex post facto not in accordance with customs and traditions of tribe |
29 Aug 2006 |
01 Dec 2006 |
 MS |
|
261/2006 |
Director of Public Prosecutions: Transvaal v SI Basson [2006] SCA 173 (RSA)
Appeal against sentence – Imposition of direct imprisonment on first respondent imposed – Coupled with special order providing for psychological and psychiatric therapy in the absence of any power to do so or relevant expert evidence – Such amounting to misdirection – Sentence replaced by sentence of 20 years imprisonment – Sentence of house arrest for one year subject to conditions imposed on second respondent who had been in custody for 17 months awaiting trial – No basis for interference |
03 Nov 2006 |
01 Dec 2006 |
MS |
|
613/05 |
Unilever Bestfoods Robertsons v Soomar [2006] SCA 172 (RSA)
Prescription – when claim based on acts committed pursuant to a conspiracy prescribes |
01 Nov 2006 |
01 Dec 2006 |
MS |
|
042/2006 |
DH Swanepoel v The State [2006] SCA 171 (RSA)
Appeal against conviction – Admissibility of a pointing out and accompanying statements alleged to be tainted by unprofessional conduct of attorney representing appellants – Sufficient circumstantial evidence available to link both appellants to the crimes charged |
02 Nov 2006 |
01 Dec 2006 |
|
|
611/05 |
De Villiers v Potgieter [2006] SCA 170 (RSA)
Eviction – applicability of doctrine of notice assumed – transfer of property to second purchaser with knowledge of prior sale not a nullity – separate action for setting aside transfer pending – no basis for alleged right to occupy alleged by first purchaser – second purchaser as owner entitled to eviction order – special costs order |
17 Nov 2006 |
01 Dec 2006 |
MS |
|
173/06 |
Dippenaar v The State [2006] SCA 169 (RSA)
Sentence – multiplicity of sentences resulting in effective total of 16 years – severity thereof – trial court underemphasising personal circumstances and overemphasising seriousness of offences – misdirection by trial court in not considering unchallenged evidence demonstrating remorse – effective sentence of 16 years sufficiently disparate to sentence proposed on appeal – interference on appeal warranted – appeal upheld |
03 Nov 2006 |
01 Dec 2006 |
MS |
|
535/2006 |
Carter v S [2006] SCA 168 (RSA)
Criminal procedure – appeal – condonation – failure to file record of proceedings – responsibility of registrar of High Court in terms of s 316(7) of CPA – no lapsing of appeal – SCA rule 8 not applicable to criminal appeals. Criminal procedure – appeal – plea of guilty at trial – failure of trial judge to comply with s 112(2) of CPA – effect. Criminal procedure-appeal – s 322(1) of CPA – failure of justice – meaning in context of non-compliance with s 112(2) |
24 Nov 2006 |
01 Dec 2006 |
MS |
|
160/2000 |
Nkomo v The State [2006] SCA 167 RSA
Sentence of life imprisonment imposed for multiple rape of complainant: court using wrong test to determine whether substantial and compelling circumstances were present: sentence set aside and one of 16 years’ imprisonment imposed |
21 Nov 2006 |
01 Dec 2006 |
MS |
|
631/2005 |
Engelbrecht and Van der Walt NNO v Senwes 2006 SCA 166 (RSA)
Cession of life policy in securitatem debiti – claim for recession – settlement agreement made order of court - interpretation |
21 Nov 2006 |
30 Nov 2006 |
MS |
|
614/2005 |
Farocean Marine v Minister of Trade and Industry 2006 SCA 165 (RSA)
General Export Incentive Scheme – Recovery of benefits unduly paid – Power of Minister to institute action – Prescription – When claim is due – ‘advance … by the State’ (s 11(b) Prescription Act 68 of 1969) - Knowledge of debt and exercise of reasonable care – Section 12(3) Prescription Act 68 of 1969 |
09 Nov 2006 |
30 Nov 2006 |
MS |
|
251/06 |
Reddy v Siemens [2006] SCA 164 (RSA)
Agreement in restraint of trade – undertaking by employee not to accept employment with employer’s competitor – enforceability of – common-law approach to agreements in restraint of trade – onus of proof |
10 Nov 2006 |
30 Nov 2006 |
MS |
|
39/2006 |
Claase v Information Officer of South African Airways [2006] SCA 163 (RSA)
Request for information in terms of s 50 of Promotion of Access to Information Act 2 of 2000 – standard of proof in application – when access unreasonably denied – punitive costs order |
20 Nov 2006 |
30 Nov 2006 |
MS |
|
474/05 |
Gowar Investments v Section 3 Dolphin Coast and Cameron [2006] SCA 162 (RSA)
Sale of land – non-compliance with ss 2(2A) of Alienation of Land Act 68 of 1981 – agreement voidable at instance of purchaser Sayer v Khan 2002 (5) 688 (C) overruled |
07 Nov 2006 |
30 Nov 2006 |
MS |
|
590/05 |
Meter NO v Geo Parkes & Son (Pty) Ltd [2006] SCA 161 (RSA)
No Summary |
10 Nov 2006 |
30 Nov 2006 |
MS |
|
625/05 |
Yarram Trading v Absa [2006] SCA 160 (RSA)
Collective Investment Schemes Control Act 45 of 2002 – immovable property registered in name of trustee for collective scheme – locus standi of trustee to seek ejectment of lessee from the property – authority of trustee or manager of scheme to demand rental and cancel lease – whether factual disputes regarding alleged breach of lease determinable on the papers – application of Shifren clause |
22 Nov 2006 |
30 Nov 2006 |
MS |
|
313/06 |
Oosthuizen v The State [2006] SCA 159 (RSA)
Magistrate wrongly concluding that appellant ‘has a preponderance of violence’ - circumstances of the case warranting custodial sentence - earlier error and failure to consider a sentence in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977 requiring this court to intervene |
20 Nov 2006 |
30 Nov 2006 |
MS |
|
380/03 |
Ndlovu v The State [2006] SCA 158 (RSA)
Failure to consider factors that cumulatively constitute substantial and compelling circumstances - sentence overturned and substituted |
20 Nov 2006 |
30 Nov 2006 |
MS |
|
228/06 |
Legal Aid Board and Jordaan [2006] SCA 157 (RSA)
Jurisdiction – High Court’s power to grant interim relief pending application to review decision of disciplinary tribunal appointed by the Legal Aid Board |
21 Nov 2006 |
30 Nov 2006 |
|
|
606/05 |
Mano et Mano v Nationwide Airlines (Pty) Ltd and Others [2006] SCA 156 (RSA)
Agent's claim for commission arising from the sale of two Boeing 737-200 aircraft - first sale falling through because aircraft sold to rival purchaser - aircraft again put on market following cancellation of sale - imminent change in aviation regulations dictating new need for aircraft purchases - observing advertisement for same aircraft in trade journal - negotiating sale directly with seller - agent not effective cause of sale of aircraft |
20 Nov 2006 |
30 Nov 2006 |
MS |
|
216/05A |
Heslop v S [2006] SCA 155 (RSA)
Criminal Appeal: Delay and failure by the registrar of the court a quo to provide an explanation, criticised. Discussed: The role of probabilities in evaluating guilt; inconsistency of evidence with unassailable fact; failure to allow cross-examination; when an appeal court is justified in disregarding favourable credibility findings by a trial judge in respect of a witness’s demeanour; the difficulty of drawing inferences from the location of gunshot wounds; and reasoning based on matters not canvassed in evidence |
23 Nov 2006 |
30 Nov 2006 |
MS |
|
148/06 |
Shaik & others v Director for Public Prosecutions, KwaZulu Natal [2006] SCA 154 (RSA)
Sentence – Uniformity of sentences desirable for co-accused with equal complicity in the commission of the same offences and relatively comparable personal circumstances – appellants not all playing an equal role in the commission of the offences - differing sentences warranted - no material misdirection on the part of court below – no marked disparity between the sentences imposed by the court below and those which would have been imposed by this court – no basis for interference |
03 Nov 2006 |
30 Nov 2006 |
|
|
032/06 |
Odgers v De Gersigny [2006] SCA 153 (RSA)
Divorce – maintenance for spouse – wife remarrying shortly after divorce -whether an implied term could be imputed by law into a deed of settlement not made an order of court, providing that payment of maintenance shall terminate upon wife’s remarriage or death |
03 Nov 2006 |
30 Nov 2006 |
|
|
496/05 |
Thabakholo Landscaping v Hydromulch [2006] SCA 152 (RSA)
Where an exception to a pleading is taken on the basis that the pleading discloses no cause of action, the exception will not succeed unless no cause of action is disclosed on all reasonable constructions of the pleading in question |
16 Nov 2006 |
30 Nov 2006 |
MS |
|
116/02 |
S v Tembani [2006] SCA 151 (RSA)
Criminal law – causation – appellant inflicting wound which without medical treatment would be fatal – later medical treatment negligent and possibly even grossly negligent – does not exempt assailant from responsibility for death – murder conviction confirmed |
01 Nov 2006 |
30 Nov 2006 |
MS |
|
102/06 |
SA Tourism v Pasis [2006] SCA 150 RSA
Prescription – Special Plea- Plaintiff’s claim not in respect of an obligation which had to be performed more than three years before service of the summons – Special plea dismissed |
10 Nov 2006 |
29 Nov 2006 |
MS |
|
626/2005 |
Mngomezulu v Van den Heever [2006] SCA 149 (RSA)
Restraint order in terms of ch 5 of prevention of Organised Crime Act 121 of 1998 – the meaning of surrender as used in s 28(1)(b) – whether residential home subject to surrender |
09 Nov 2006 |
29 Nov 2006 |
MS |
|
674/2005 |
Richman v Ben-Tovim [2006] SCA 148 (RSA)
Enforcement and recognition of a foreign judgment- proper meaning to be given to the meaning of international jurisdiction or competence where a South African court called upon in provisional sentence proceedings to enforce default judgment of English court - where personal service of English writ on defendant whilst temporarily physically present in England - service acceptable to render the judgment ‘internationally’ competent in South Africa |
16 Nov 2006 |
29 Nov 2006 |
MS |
|
683/05 |
Mutual and Federal v Chemalum 2006 SCA 147 (RSA)
Insurance – Business Interruption section of insurance policy – providing for indemnity for loss of gross profit due to reduction in turnover – insured business affected by damaging fire for period in excess of 12 months – effect of average clause on indemnity for loss of gross profit |
13 Nov 2006 |
29 Nov 2006 |
MS |
|
634/05 |
Anglo Operations v Sandhurst [2006] SCA 146 (RSA)
Mineral rights – when holder is entitled to conduct open cast mining - related issue concerning diversion of stream to facilitate open cast mining activities |
13 Nov 2006 |
29 Nov 2006 |
MS |
|
641/05 |
Stevens v CSARS [2006] SCA 145 (RSA)
Para (c) of definition of ‘gross income’ in Income Tax Act 58 of 1962: whether ex gratia payment an amount received in respect of services or employment |
06 Nov 2006 |
28 Nov 2006 |
|
|
88/06 |
Van Deventer v Van Deventer [2006] SCA 144 (RSA)
Will – interpretation – price of farm to be its ‘Land Bank valuation’ – does not require Land Bank itself to determine the price |
14 Nov 2006 |
24 Nov 2006 |
MS |
|
630/05 |
Desert Palace Hotel Resort v Northern Cape Gambling Board [2006] SCA 143 (RSA)
A ‘holder of a licence’ as contemplated by s 65 of the Northern Cape Gambling and Racing Amendment Act 5 of 1996, and s 81 of Act 6 of 2000 must have had a licence physically ‘issued’ for it to be liable for payment of gambling levies and penalties |
14 Nov 2006 |
24 Nov 2006 |
MS |
|
603/2005 |
Jacobs v Braaff [2006] SCA 142 (RSA)
Insurance – motor vehicle extension clause – right in executor of authorized driver to compel insured to submit claim for indemnity to insurer arising from tacit term of agreement for use of the vehicle |
06 Nov 2006 |
24 Nov 2006 |
MS |
|
160/01 |
Monyane and Others v The State [2006] SCA 141 (RSA)
Appeal – generally – evaluation of evidence and trial court's findings. Sentence – power of court on appeal to interfere |
14 Nov 2006 |
23 Nov 2006 |
MS |
|
658/05 |
Nel v Metequity Ltd [2006] SCA 140 (RSA)
Identity of interest between trustees and beneficiaries in so far as object of trust is concerned does not invalidate trust – mere fact that corporate trustees and beneficiaries have the same shareholder and directors does not justify lifting corporate veil |
06 Nov 2006 |
22 Nov 2006 |
|
|
26/05 |
Telcordia Technologies Inc v Telkom SA [2006] 139 SCA (RSA)
Arbitration – review of award – grounds for setting aside |
30 - 31 Oct 2006 |
22 Nov 2006 |
MS |
|
190/2005 |
Northwest Provincial Government v Tswaing Consulting CC [2006] SCA 138 (RSA)
Appeal – postponement – refused where litigant and attorney knew appeal pending but did nothing despite reminders – Fraud inducing contract – victim entitled to rescind – rule as to evidence regarding forfeiture of election restated – Restitution when fraudulently induced contract rescinded – once victim establishes fraud, and entitlement to rescind contract, it is entitled to repayment in the absence of evidence showing that restitution would be unjust |
02 Nov 2006 |
21 Nov 2006 |
MS |
|
93/06 |
Hyperception v Waterhouse [2006] SCA 137 (RSA)
Withdrawal of application for condonation for late lodging of an appeal record - in circumstances no basis for exceptional costs order |
13 Nov 2006 |
21 Nov 2006 |
|
|
247/06 |
Pogostich v McLeod [2006] SCA 136 (RSA)
Application to reinstate lapsed appeal - after noting appeal applicants decided to abide by an adverse judgment and deliberately elected to take no further steps in its prosecution - more than eight months passed from the time of the noting of the appeal until the record was lodged - the fact that the correctness of the decision may be open to debate is not sufficient ground to reopen the dispute |
07 Nov 2006 |
21 Nov 2006 |
|
|
531/2005 |
National Director of Public Prosecutions v Van Staden [2006] SCA 135 (RSA)
Chapter 6 of the Prevention of Organised Crime Act 121 of 1998 – motor vehicle an ‘instrumentality’ of the offences of driving under the influence of intoxicating liquor and driving with excess alcohol in the blood |
14 Sep 2006 |
09 Nov 2006 |
MS |
|
62/06 |
Shaik v The State (1) [2006] SCA 134 (RSA)
Businessman and several corporate entities paying highly placed public official with significant political influence to intervene in commercial negotiations/transactions for their benefit - held to have contravened s 1(1)(a)(i) or (ii) of the Corruption Act 94 of 1992 irregular write-offs of loans in annual financial statements - constituting fraud - admissibility of ‘encrypted fax’ in terms of s 3 of the Law of Evidence Amendment Act 45 of 1988 - together with other evidence proved a conspiracy to bribe public official - sentence - seriousness of offence of corruption discussed - no substantial and compelling circumstances justifying departure from prescribed minimum sentences |
25-26 Sep 2006 |
06 Nov 2006 |
MS |
|
248/06 |
Shaik v The State (2) [2006] SCA 134 (RSA)
Prevention of Organised Crime Act 121 of 1998 – s 18(1) confiscation – absence of direct benefit from crime – indirect benefit derived through shareholding in company sufficient; s 18(1) – same proceeds of crime passed through different hands – multiplicity of orders appropriate; s 1 ‘proceeds of unlawful activities’ – means gross proceeds without subtraction of costs laid out to obtain the result – whether appropriate to order confiscation of both value of shares and dividends used to acquire the shares – no duplication in the circumstances – no disproportion in ordering confiscation of both; s 18(1) – rearrangement of shares resulting in pay out of value – although mechanistically connected with crime not tainted by such crime in the circumstances |
27 Sep 2006 |
06 Nov 2006 |
MS |
|
098/05 |
Sikhosana v S [2006] SCA 133 (RSA)
No Summary
|
In Chambers |
03 Nov 2006 |
|
|
373/06 |
The State v Mabena [2006] SCA 132 (RSA)
Bail – Schedule 6 offences – bail not competent in absence of proper enquiry being made in terms of Criminal Procedure Act |
19 Sep 2006 |
17 Oct 2006 |
|
|
024/2005 |
Transnet Limited v PNN Chirwa [2006] SCA 131 (RSA)
Jurisdiction in an employment dispute raising a constitutional issue - whether Labour Court has exclusive jurisdiction in such matters. Termination of employment contract by a state organ - whether that constitutes administrative action under s 1 of PAJA or may violate s 33 of the Constitution. Order in para 18 |
28 Feb 2006 |
29 Sep 2006 |
MS |
|
602/2005 |
Drifters Adventure Tours v Hircock [2006] SCA 130 (RSA)
Interpretation of an exemption clause read with conditions where the driver of a tour bus was negligent |
04 Sep 2006 |
29 Sep 2006 |
MS |
|
588/05 |
Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd [2006] SCA 129 (RSA)
Private Security Industry Regulation Act 56 of 2001 – the Minister may grant indefinite exemptions under the Act – the Act does not empower the Minister subsequently to make regulations which impose supervening limitations on such exemptions |
22 Aug 2006 |
29 Sep 2006 |
MS |
|
581/05 |
Automotive Tooling Systems v Wilkens [2006] SCA 128 (RSA)
Restraint of trade covenant. ‘Independent contractor’ agreement entered into to circumvent provisions of Labour Relations Act 66 of 1995 construed as contract of employment – Interdict sought to restrain ex-employees from using their skill and knowledge in manufacturing marking machines for competitor. Employer has no proprietary interest in the general skills and knowledge of its ex-employees upon termination of an employment contract. Restraint contrary to public policy found unenforceable |
16 Aug 2006 |
28 Sep 2006 |
MS |
|
483/05 |
Crown Chickens (Pty) Ltd v Rieck [2006] SCA 127 (RSA)
Delictual liability – shooting at speeding vehicle to prevent escape – whether reasonable – Compensation for Occupational Injuries and Diseases Act – employer – whether includes client of a labour broker |
05 Sep 2006 |
28 Sep 2006 |
MS |
|
54/06 |
Sithole v The State [2006] SCA 126 (RSA)
Evidence – contradictions in the evidence of witnesses not sufficiently material to justify rejection of the state’s version |
15 Sep 2006 |
28 Sep 2006 |
MS |
|
428/05 |
Prosch v Impala Water Users’ Association [2006] SCA 125 (RSA)
Water – National Water Act 36 of 1998 – water user association – constitution of - power to assess water use charges –whether properly compiled assessment roll prerequisite to liability – whether association empowered to assess water use charges to raise funds to pay any debt legally due by it |
28 Aug 2006 |
28 Sep 2006 |
MS |
|
441/05 |
Popela Community & Others v Goedgelegen Tropical Fruits (Pty) Ltd [2006] SCA 124 (RSA)
Restitution of Land Rights – no causal connection between racially discriminatory law or practice and dispossession where farmer terminating labour tenancies for reasons of productivity and efficiency |
08 Sep 2006 |
28 Sep 2006 |
MS |
|
334/05 |
Road Accident Fund v Smith [2006] SCA 123 (RSA)
Motor Vehicle Accidents – compensation – claim in terms of s 17(1)(b) of the Road Accident Fund Act 56 of 1996 – failure by claimant to comply with regulation 2(1)(c) – Fund competent to waive compliance with regulation 2(1)(c) despite the peremptory nature thereof |
25 Aug 2006 |
28 Sep 2006 |
MS |
|
177/05 |
Garrido v DPP [2006] SCA 122 (RSA)
Extraditon – enquiry under 59, Act 67 of 1962 – respondent can adduce evidence on issues relevant under s 11 |
30 Aug 2006 |
28 Sep 2006 |
MS |
|
550/05 |
Government Employees Pension Fund v Buitendag [2006] SCA 121 (RSA)
Government Employees Pension Fund : Board has a discretion to decide which ‘dependants’ shall be paid the gratuity payable on the death of a deceased member and in what proportions; decision to award the gratuity to the husband and/or stepson of the deceased member set aside on review where board ignorant of the existence of major children of the deceased member who qualified as ‘dependants’; the obligation on an employer to provide information to the Fund defined |
05 Sep 2006 |
27 Sep 2006 |
MS |
|
52/06 |
DPP, Transvaal v Mtshweni [2006] SCA 120 (RSA)
Where the presiding judge at a trial believes, albeit mistakenly, that the evidence of a witness is essential to the just decision of the case, in terms of s 186 of the Criminal Procedure Act 51 of 1977, and fails to call such witness, he makes an error of law. If the error is one on which the acquittal of an accused turns then there is a grave irregularity in the proceedings and the court of appeal is bound to order a retrial on the same or amended charges. Question of law reserved answered in favour of the State, and institution of retrial ordered |
17 Aug 2006 |
27 Sep 2006 |
MS |
|
509/05 |
Commissioner, SA Revenue Service v Motion Vehicle Wholesalers [2006] SCA 119 (RSA)
Revenue – Customs and Excise Act 91 of 1964 – Classification of goods for purposes of customs duty ; whether vehicles imported by the respondent, with temporary modifications to increase their seating capacity, should be classified as vehicles for the transport of either less than ten persons or of ten or more persons |
05 Sep 2006 |
26 Sep 2006 |
MS |
|
448/05 |
Commissioner, SA Revenue Service v Komatsu SA (Pty) Ltd [2006] SCA 118 (RSA)
Revenue – Customs and Excise Act 91 of 1964 – Classification of goods for the purposes of customs duty; whether a machine imported by the respondent should be classified as a front-end shovel loader |
04 Sep 2006 |
26 Sep 2006 |
MS |
|
435/05 |
Minister of Safety & Security v N Folo & 2 Others [2006] SCA 117 (RSA)
Interpretation of s 49(2) of Act 51 of 1977 – The meaning to be given to the section as it was prior to being struck down as unconstitutional |
08 Sep 2006 |
26 Sep 2006 |
MS |
|
387/2004 |
Heneways Freight Services v Klaus Grogor [2006] SCA 116 (RSA)
Whether the conduct of the respondent constituted fraud or recklessness within the meaning of s 424(1) of the Companies Act, 1973 rendering him personally liable for the debts of a company of which he was the sole director and manager of its business |
24 Aug 2006 |
26 Sep 2006 |
MS |
|
598/05 |
Rustenburg Platinum Mines Ltd v CCMA [2006] SCA 115 (RSA)
Labour Relations Act 66 of 1995 – Commission for Conciliation, Mediation and Arbitration – powers of arbitrators regarding dismissals – decision on workplace remedy lies primarily with employer – arbitrators must exercise caution before interfering – Labour Appeal Court – proper test for review of CCMA arbitrators’ decisions restated |
11 Sep 2006 |
26 Sep 2006 |
MS |
|
53/06 |
De Jager, A M v The State [2006] SCA 114 (RSA)
Poging tot verkragting – geen rede gevind om met verhoorhof se feitebevindings in te meng nie |
20 Sep 2006 |
26 Sep 2006 |
|
|
70/05 |
Plit v Imperial Bank Ltd [2006] SCA 113 RSA
Purchase and sale – warranty against eviction – whether excluded in instalment sales agreement with bank |
15 Sep 2006 |
26 Sep 2006 |
MS |
|
455/05 |
Nedcor Bank v Rundle [2006] SCA 112 RSA
Prescription – interruption of running of extinctive prescription – when does impediment in section 13(1)(g) cease to exist |
31 Aug 2006 |
26 Sep 2006 |
MS |
|
472/05 |
Relyant Trading (Pty) Ltd v Shongwe [2006] SCA 111 RSA
Liability for wrongful arrest and malicious prosecution – grounds for – reasonable and probable cause |
07 Sep 2006 |
26 Sep 2006 |
MS |
|
175/01 |
Dlamini and another v The State [2006] SCA 110 (RSA)
Criminal law – murder – intention to kill – subjective appreciation of consequences of forcing object into victim’s mouth; - sentence – murder and housebreaking with intent to rob and robbery with aggravating circumstances – duplication of sentence – death of victim to be thought away in relation to the robbery |
18 Sep 2006 |
26 Sep 2006 |
|
|
530/05 |
Fuel Retailers Association v DG, Environmental Management, Mpumalanga [2006] SCA 109 RSA
Decision of the MEC, Department of Agriculture, Conservation and Environmental Management, Mpumalanga to allow the construction of a filling station and the installation of fuel storage tanks on a site in White River not set aside on review: accepting the local authority’s decision as to rezoning, based on need and desirability, and making the development subject to obtaining permits and authority where necessary from the Department of Water Affairs, does not vitiate the decision |
14 Aug 2006 |
22 Sep 2006 |
|
|
201/06 |
Ngcina v The State [2006] SCA 108 (RSA)
Identification of appellant as robber by single witness unreliable ─ alibi evidence considered ─ delay of 6 years for finalisation unacceptable ─ to be brought to attention of relevant authorities |
14 Sep 2006 |
22 Sep 2006 |
|
|
423/05 |
Howick District Landowners Association v uMngeni Municipality [2006] SCA 107 (RSA)
Local government – interpretation of municipality’s resolutions – not to be read incoherently – legislative instruments expressly connected to be read together – authority municipality intended to invoke clear – no need to mention source of authority – Municipal valuation rolls – municipality exercising power under Local Government Transition Act 209 of 1993 – publication procedures set out in provincial ordinances not applicable |
31 Aug 2006 |
21 Sep 2006 |
MS |
|
491/2005 |
Allers v Fourie [2006] SCA 106 (RSA)
Previous court order consolidating administration of separate insolvent estates - effect on proved creditors in one of constituent estates -interest of applicant as requirement for declaratory order - costs order de bonis propriis against trustees - whether justified by non-compliance with s 73 of Insolvency Act 24 of 1936 and/or by improper conduct on the part of trustees |
29 Aug 2006 |
21 Sep 2006 |
MS |
|
78/06 |
Sassman v The State [2006] SCA 105 (RSA)
Criminal Law – Sentence – Appropriate sentence for motor vehicle theft |
12 Sep 2006 |
20 Sep 2006 |
MS |
|
392/05 |
Burger v Rand Water Board [2006] SCA 104 (RSA)
Procedure – special plea of non-joinder insisting that individual members of second respondent be joined – exception against special plea upheld on the basis that situation catered for by the provisions of court rule 14 |
21 Aug 2006 |
20 Sep 2006 |
|
|
017/2006 |
Madzunye v Road Accident Fund [2006] SCA 103 (RSA)
Motor vehicle accident – Claim for compensation in terms of s 17 of Road Accident Act 56 of 1996 – Causal negligence of driver of vehicle turning right at robot-controlled intersection at inopportune moment in face of oncoming traffic thus causing an oncoming vehicle to swerve and consequently collide with another vehicle – Respondent’s opposition to the appeal unjustified where court a quo clearly misconstrued the issues – On appeal attorney-client costs against it warranted |
01 Sep 2006 |
20 Sep 2006 |
MS |
|
290/05 |
Aventura Ltd v Jackson N.O. [2006] SCA 102 (RSA)
Right of way of necessity – granted conditionally upon applicable environmental authorisation being obtained |
15 Aug 2006 |
15 Sep 2006 |
|
|
278/05 |
The Minister of Water Affairs and Forestry and Others v Durr and Others [2006] SCA 101 (RSA)
Veld fire – failure by landowner to prevent spread of fire to neighbouring farms – whether omission unlawful – whether presumption of negligence rebutted |
17 Aug 2006 |
14 Sep 2006 |
MS |
|
498/05 |
Hartley v Pyramid Freight (Pty) Ltd [2006] SCA 100 (RSA)
Contract: caveat subscriptor; party to a contract allowing his wife to sign knowing that the contract would contain terms and conditions: thereafter contending that the other party’s representative knew or ought to have known that he was unaware of the ambit of exclusionary clauses; unilateral mistake not excusable |
01 Sep 2006 |
14 Sep 2006 |
MS |
|
499/05 |
Klopper v Schreuder [2006] SCA 99 (RSA)
Vordering vir advokateloon – respondent beweer loon slegs betaalbaar indien hy saak voor arbeidshof wen – appellante beweer sy was by ander gebeurlikhede ook op vergoeding geregtig – appellante slaag nie daarin om haar weergawe van ooreenkoms te bewys nie |
31 Aug 2006 |
12 Sep 2006 |
MS |
|
373/05 |
First Rand Ltd v Scholtz NO [2006] SCA 98 RSA
Mandement van spolie – statutory water rights – contractual use of pipeline – whether closure of pipeline spoliation |
24 Aug 2006 |
11 Sep 2006 |
MS |
|
230/2006 |
Minister of Finance v Gore NO [2006] SCA 97 (RSA)
Prescription Act 68 of 1969 – ‘knowledge’ of ‘the facts from which’ debt arises – must be justified, true belief – unjustified suspicion not constituting knowledge – Vicarious liability – for employee’s deliberate dishonesty – employees’ actions, though fraudulent, closely resembling what they were employed to do – policy considerations supporting imposition of liability for fraud – Causation – company proving that without fraud, tender would have been awarded to it |
15 Aug 2006 |
08 Sep 2006 |
MS |
|
488/05 |
MEC for Public Works, Roads and Transport v Esterhuizen [2006] SCA 96 (RSA)
Serious allegations of impropriety made against the trial judge. The allegations were abandoned on appeal without apology or explanation. Punitive costs order as between attorney and client imposed as a mark of court’s opprobrium |
28 Aug 2006 |
07 Sep 2006 |
MS |
|
393/05 |
Walker v Redhouse [2006] SCA 95 (RSA)
Pauperian liability for injuries sustained while horse riding excluded by indemnity signed by rider |
22 Aug 2006 |
31 Aug 2006 |
|
|
326/05 |
Mittalsteel SA Ltd v Hlatshwayo [2006] SCA 94 (RSA)
Promotion of Access to Information Act 2 of 2002 – appellant a public body when documents requested by respondent were created – immaterial that appellant now a private body – tests for the determination of whether a body public for purpose of Act |
22 Aug 2006 |
31 Aug 2006 |
MS |
|
429/05 |
City of Cape Town v Helderberg Park Development (Pty) Ltd [2006] SCA 93 RSA
Expropriation; determination of market value; effect of s 12(5)(f) of the Expropriation Act 63 of 1975; Pointe Gourde principle |
17 Aug 2006 |
31 Aug 2006 |
MS |
|
508/05 |
Naylor v Jansen [2006] SCA 92 (RSA)
Defamation - offer of settlement, rule 34(12) - discretion as to costs - when an appeal court will interfere. The damages awarded by the trial court were reduced on appeal to an amount less than that tendered by the defendants. The trial court nevertheless refused to amend the costs order in favour of the plaintiff. This court refused to interfere and further refused to give a costs order in favour of the defendants in respect of the previous appeal |
15 Aug 2006 |
31 Aug 2006 |
MS |
|
307/05 |
South African National Defence Union v Minister of Defence & Others [2006] SCA 91 (RSA)
Constitutional validity of various regulations contained in Chapter XX of the General Regulations for the South African National Defence force and Reserve |
08 May 2006 |
31 Aug 2006 |
|
|
306/05 |
Sandu & v Minister of Defence & Others [2006] SCA 90 (RSA)
Military labour relations – whether legally enforceable duty on South African National Defence Force as employer to bargain collectively with military trade union – if such a duty whether the employer unfairly refused to bargain – whether military trade union entitled to interdict to prevent restructuring of defence force pending decision by Military Arbitration Board |
05 May 2006 |
31 Aug 2006 |
MS |
|
435/06 |
SABC v Downer NO and Shaik [2006] SCA 89 (RSA)
Live television and radio coverage of appeals in SCA sought – competing constitutional rights of broadcaster and litigant, especially latter’s fair trial right – Court’s discretionary power in s 173 of Constitution to regulate its own ‘process’ in the interests of justice – held in the circumstances that such interests warranted disallowing the requested broadcasts |
14 Aug 2006 |
24 Aug 2006 |
MS |
|
420/05 |
De Leeuw v MEC LOCAL Government and Housing, Free State [2006] SCA 88 (RSA)
No Summary |
18 Aug 2006 |
18 Aug 2006 |
|
|
327/05 |
Society of Lloyd’s v Price; Society of Lloyd’s v Lee [2006] SCA 87 (RSA)
Prescription – extinctive prescription – conflict of laws –whether lex fori, South African law, determined issue of prescription and not lex causae, English law – recognition and enforcement by South African court of English judgment – international jurisdiction of English court – whether enforcement of English judgment contrary to South African public policy |
08 May 2006 |
01 Jun 2006 |
MS |
|
33/06 |
MV Spirit of Namibia [2006] SCA 86 RSA
Sale of ship pendente lite in terms of s 9(1) of Act 105 of 1983 |
22 May 2006 |
01 Jun 2006 |
MS |
|
374/05 |
Tsogo Sun Holdings (Pty) Ltd v Shan [2006] SCA 85 (RSA)
Delict - liability of owner/occupant of casino to patron/client for injuries caused by another patron/client |
23 May 2006 |
31 May 2006 |
MS |
|
540/04 |
Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC [2006] SCA 84 (RSA)
Insurance Law – Interpretation of policy – indemnity in respect of liability to third parties – fuel conveyed by insured’s vehicles spilling and causing ecological damage which insured obliged to clean up under environmental legislation – whether insured entitled to claim indemnity under policy for costs of clean-up without liability to a third party having been established |
14 Mar 2006 |
31 May 2006 |
|
|
333/05 |
MEC: Welfare (KZN) v Machi [2006] SCA 83 (RSA)
Whether an order of costs de bonis propriis suspended pending the furnishing of further affidavits is appealable |
11 May 2006 |
31 May 2006 |
MS |
|
534/2004 |
Lourens NO v Impala Water Users Association [2006] SCA 82 (RSA)
Water – National Water Act 36 of 1998 – water user association – power to make and collect water use charges under s 57 – restriction of water supply to defaulting user under s 59(3) – procedure – whether debt may be proved in court proceedings for order authorizing such restriction – proof of debt – evidence |
19 May 2006 |
31 May 2006 |
MS |
|
332/05 |
Legal Aid Board v Pretorius [2006] SCA 81 (RSA)
Application for leave to appeal - trial judge directing Legal Aid Board to provide alternative legal representation on basis that counsel representing accused together with others had too heavy a workload to provide effective representation ... |
22 May 2006 |
31 May 2006 |
MS |
|
016/06 |
Rootman v The President of the Republic of South Africa [2006] SCA 80 RSA
Where a foreign state does not comply with an order of a South African court the South African government does not have a duty to intercede on behalf of the judgment creditor to assist in ensuring compliance |
15 May 2006 |
31 May 2006 |
MS |
|
170/2005 |
Samsudin v De Villiers Berrange NO [2006] SCA 79 (RSA)
Liquidated debt in terms of s 9(1), Acts of Insolvency in terms of ss 8(a) and 8(d) read with s 12(1) of the Insolvency Act 24 of 1936 and the requirements of service of an application for a provisional sequestration order and matters to be disclosed therein |
16 May 2006 |
31 May 2006 |
MS |
|
10/06 |
De Beer v The State [2006] SCA 78 (RSA)
A high court may not assume jurisdiction over offences committed beyond its territorial limits. The extension of territorial jurisdiction of magistrates’ courts to four kilometres beyond their boundaries in terms of s 90(2)(a) of the Magistrates’ Courts Act 32 of 1944 has no bearing on the territorial jurisdiction of high court as described in s 19(1)(a) of the Supreme Court Act 59 of 1959 |
19 May 2006 |
31 May 2006 |
MS |
|
229/05 |
Saincic v Industro-Clean (Pty) Ltd [2006] SCA 77 (RSA)
Company Law – s 424, Companies Act 61 of 1973 – declaration of liability where business of company conducted fraudulently or recklessly by director – insufficient evidence to bring case within ambit of section |
15 May 2006 |
31 May 2006 |
MS |
|
504/2005 |
Zola Kenneth Gunqisa and Others v The State [2006] SCA 76 (RSA)
Evidence – Reasonable possibility that the defence version is true – Accused entitled to acquittal |
03 May 2006 |
31 May 2006 |
MS |
|
364/05 |
Melamed Finance v VOC Investments [2006] SCA 75 (RSA)
Bill of Exchange - printed cheque with date thereon altered in manuscript - instrument not regular on the face of it - holder thereof not qualifying as holder in due course |
18 May 2006 |
31 May 2006 |
MS |
|
143/01 |
Mambo v The State [2006] SCA 74 (RSA)
Three accused escaping from lawful custody. Court orderly murdered in the process. Murder not reasonably foreseeable by one of the accused. Conviction of murder on the basis of the common purpose doctrine not competent. Sentence – Prescribed sentence of 15 years’ imprisonment for robbery. Whether substantial or compelling circumstances exist |
15 May 2006 |
31 May 2006 |
MS |
|
51/2005 |
MEC Public Works, Roads & Transport: Free State Provincial Government v Phuthanang Transport Service [2006] SCA 73 (RSA)
Interpretation and application of s 18 of the Free State Passenger Transport Act 16 of 1998 read with regulations 7 and 8 of the regulations promulgated under the Act |
12 May 2006 |
31 May 2006 |
MS |
|
179/05 |
Business Aviation Corporation v Rand Airport Holdings [2006] SCA 72 (RSA)
Enrichment lien arising from improvements effected by lessee to leased property during currency of lease – question whether abolished in respect of urban leases by placaeten of 1658 and 1696 |
04 May 2006 |
30 May 2006 |
|
|
262/05 |
Sikhipha v State [2006] SCA 71 (RSA)
Trial of an unrepresented accused not vitiated by irregularity: sentence of life imprisonment for the rape of a child of 13 set aside and replaced with sentence of 20 years’ imprisonment |
12 May 2006 |
30 May 2006 |
|
|
245/05 |
Makatu v State [2006] SCA 70 (RSA)
Appellant indicted and convicted for murder subject to s 51(2) of the Criminal Law Amendment Act 105 of 1997, but sentenced to life imprisonment subject to s 51(1) of that Act. Sentence set aside. Finding that murder was premeditated not supported by evidence. Sentence reduced to 12 years’ imprisonment |
12 May 2006 |
30 May 2006 |
|
|
315/05 |
Impala Platinum v KLM [2006] SCA 69 (RSA)
International air carriage - lost cargo - title to sue in terms of Warsaw Convention - essential character and purpose of Convention discussed - held that in cases of successive carriage Convention entitled consignor or consignee to sue
|
11 May 2006 |
30 May 2006 |
|
|
352/05 |
Land Bank v The Master and others [2006] SCA 68 RSA
The remedies afforded to the Land Bank in terms of s 33 and 34 of Act 15 of 2002 are not applicable to advances made by the Land Bank under the repealed Act 13 of 1944 |
04 May 2006 |
30 May 2006 |
|
|
295/05 |
The Minister of Safety and Security v Seymour, D T [2006] SCA 67 (RSA)
Unlawful arrest and detention – amount of award |
02 May 2006 |
30 May 2006 |
|
|
008/04 |
Rasengani v The State [2006] SCA 66 (RSA)
Criminal Procedure – prescribed minimum sentence – duty of trial judge to call evidence on sentence where necessary |
05 May 2006 |
29 May 2006 |
MS |
|
269/05 |
Harmony Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry [2006] SCA 65 (RSA)
Directive in terms of s 19(3) of the National Water Act 36 of 1998 – gold mining company required to take anti-pollution measures in respect of pollution on its land but such measures to be taken on land of other gold mines – whether directive empowered by s 19(3). |
15 May 2006 |
29 May 2006 |
MS |
|
98/2005 |
Ralukukwe v S [2006] SCA 64 (RSA)
Criminal Procedure Act, 51 of 1977, s 291; Law of Evidence |
16 May 2006 |
26 May 2006 |
- |
|
401/05 |
Department of Public Works v M S Moos Construction CC [2006] SCA 63 (RSA)
Appeal – s 21A of Supreme Court Act 59 of 1959 – Power of court of appeal to dismiss appeal where judgment or order sought will have no practical effect or result |
03 May 2006 |
25 May 2006 |
- |
|
194/05 |
Feldman v Migdin NO [2006] SCA 62 (RSA)
Administration of Estates – s 46 of the Administration of Estates Act 66 of 1965 – ‘money’ does not include cheques – s 28 only requires that moneys received ‘for the estate’ be paid into estate’s bank account |
16 May 2006 |
26 May 2006 |
- |
|
431/04 |
Thusukula Senatsi & Another v The State [2006] SCA 61 (RSA)
Sentence – whether the sentences imposed by the trial court were appropriate – Delay in bringing appeals before Appeal Court to be avoided |
18 May 2006 |
26 May 2006 |
- |
|
92/05 |
The Commissioner of South African Revenue Services v BP South Africa (Pty) Ltd [2006] SCA 60 (RSA)
Income tax – s 11(a) of Income Tax Act 68 of 1962 – interest paid by company in respect of loan granted at time dividend declared – loan obtained not to pay dividend but to produce income – rental paid in advance in respect of long leases – expenditure of capital nature |
03 May 2006 |
25 May 2006 |
MS |
|
270/05 |
Summerley v Law Society, Northern Provinces [2006] SCA 59 (RSA)
Attorney struck from the roll by court a quo – misconduct not involving dishonesty – decided that he should rather be suspended from practice with further restrictions imposed after expiry of suspension period |
05 May 2006 |
19 May 2006 |
MS |
|
487/2005 |
Cartoria Motor Industries v Swanepoel [2006] SCA 58 (RSA)
Practice – absolution from the instance at the close of the plaintiff’s case – test applied – fraudulent misrepresentation – prima facie proof of |
08 May 2006 |
19 May 2006 |
|
|
437/2005 |
Minister of Environmental Affairs and Tourism v George [2006] SCA 57 (RSA)
Equality Court – power under Promotion of Equality and Prevention of Unfair Discrimi |
