| |
Case
Nr |
Title |
Hearing
Date |
Judgment Date |
Media  Statement |
|
616/06* |
Allianz Insurance Ltd v RHI Refractories Africa (Pty) Ltd [2007] SCA 174 (RSA) *
Short-term insurance, ordinary rules of interpretation of contracts applicable. Special exclusion clause providing that the insurer will only indemnify the insured should ‘unintended damage’ result from a particular defect. Insurer held liable. |
12 Nov 2007 |
03 Dec 2007 |
|
|
494/06 |
Le Roux v Hon Magistrate Mr Viana [2007] SCA 173 (RSA)
Warrants – whether s 69(3) excludes ‘books and documents’ in electronic form in the possession of a third party. |
22 Nov 2007 |
30 Nov 2007 |
|
|
604/06 |
Menqa & Another v Markom & Others [2007] SCA 172 (RSA)
Sale in execution of residential property – s 66(1)(a) of Magistrates’ Courts’ Act 32 of 1944 – warrant of execution invalid as issued by clerk of magistrate’s court without judicial oversight as required by Jaftha v Schoeman; Van Rooyen v Stoltz 2005 (2) SA 140 (CC) – sale in execution also invalid and not saved by s 70 of Act 32 of 1944 – sale in execution and all subsequent sales of property declared null and void – appropriate remedy
|
05 Nov 2007 |
30 Nov 2007 |
|
|
197/07 * |
Whitehead v The State [2007] SCA 171 (RSA)
Criminal Law and Procedure – common purpose in the context of culpable homicide and public violence – whether duplication of convictions – sentence of 8 years confirmed – order contained in para 49. |
01 Nov 2007 |
30 Nov 2007 |
|
|
647/06 |
Qualidental Laboratories v Heritage Western Cape [2007] SCA 170 (RSA)
National Heritage Resources Act – demolition permit with condition – whether provincial heritage resources authority has the power to impose conditions when granting demolition permit in respect of structure enjoying no formal protection in terms of the Act – condition not in conflict with principle of legality.
|
16 Nov 2007 |
30 Nov 2007 |
|
|
690/06* |
DPP, Western Cape v Killian [2007] SCA 169 (RSA)*
A criminal trial is not unfair, fundamentally or at all, simply because
the prosecutor also interrogated the accused at an earlier statutory inquiry at which
the latter was denied the right to silence and the right against self-incrimination |
06 Nov 2007 |
30 Nov 2007 |
|
|
27/07 |
Shaikh v Standard Bank [2007] SCA 168 (RSA)
The erroneous reference to a statutory provision or failure to
refer to the applicable section does not render a notice for
recovery of Vat by SARS invalid. |
12 Nov 2007 |
29 Nov 2007 |
|
|
673/06 |
Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others [2007] 167 SCA (RSA)
Neighbour law – nuisance – golf course – easonable steps to avoid
excessive strikes by badly hit golf balls. |
05 Nov 2007 |
29 Nov 2007 |
|
|
055/07 |
Aartappel Koöperasie Bpk v PriceWaterhouseCoopers [2007] SCA 166 (RSA)
Security for costs – exercise of discretion in the strict sense by trial court – appeal against – necessary to show material misdirection. |
21 Nov 2007 |
29 Nov 2007 |
|
|
31/07 |
Millennium Waste Management v Chairperson Tender Board [2007] SCA 165 (RSA)
The award of tenders constitutes administrative action and consequently
must comply with requirements of the Promotion of Administrative Justice Act 3 of 2000 and s 217 of the Constitution |
02 Nov 2007 |
29 Nov 2007 |
|
|
320/07 |
Hammond v State [2007] SCA 164 (RSA)
Appeal against conviction and sentence for drug-dealing in terms of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992: whether evidence of a police trap was admissible in terms of the Criminal Procedure Act 51 of 1977. Appeal against conviction dismissed; sentence reduced from 12 to five years’ imprisonment, two of which suspended |
16 Nov 2007 |
29 Nov 2007 |
|
|
015/07 |
Hosmed Medical Aid Scheme v Thebe Ya Bophelo Healthcare [2007] SCA 163 (RSA)
Order of High Court, Pretoria setting aside an arbitration appeal
tribunal’s award confirmed on basis that tribunal had exceeded its powers. Dispute referred to new appeal tribunal in terms of s 33(4) of the Arbitration Act 42 of 1965. |
09 Nov 2007 |
29 Nov 2007 |
|
|
042/07* |
Be Bop a Lula v Kingtex [2007] SCA 162 (RSA)*
Compromise - cheque sent in ‘full and final settlement of account’ –
whether offer of compromise – deposit of cheque – whether acceptance of offer of compromise |
20 Nov 2007 |
29 Nov 2007 |
|
|
175/07 |
Bezuidenhout v Director of Public Prosecutions [2007] SCA 161 (RSA)
Criminal procedure – appeal – special entry – application for – duty
of judge; Criminal procedure – appeal – further evidence – application to admit – duty of judge; Criminal procedure – trial – application for postponement after conviction to consult expert in relation to sentence – refusal – approach of court |
08 Nov 2007 |
29 Nov 2007 |
- |
|
447/07 |
Carmel Trading Company Limited v CSARS [2007] SCA 160 (RSA)
Civil procedure ─ preservation order ─ sale of goods in foreign jurisdiction |
19 Nov 2007 |
29 Nov 2007 |
|
|
89/07 |
Chagi v Special Investigating Unit [2007] SCA 159 (RSA)
Special Investigating Units established in terms of Act 74 of 1996 - separate juristic entities – liability for the wrongful acts of the one does not devolve upon the other |
09 Nov 2007 |
29 Nov 2007 |
|
|
660/2006 |
L Venter obo A Klaasen v Road Accident Fund [2007] SCA 158 (RSA)
Claim for damages arising out of injuries sustained by a pedestrian in a hit and run motor vehicle accident – whether negligence of the driver established by the single eyewitness account and by inferences to be drawn from the facts |
13 Nov 2007 |
29 Nov 2007 |
|
|
062/07 |
Shabalala v Metrorail [2007] SCA 157 (RSA)
Commuter shot and robbed on train – action for damages – Metrorail could not be expected to have had a security guard in each and every carriage |
20 Nov 2007 |
28 Nov 2007 |
|
|
511/2006 |
Price v Minister of Correctional Services [2007] SCA 156 (RSA)
Meaning of ‘date of release’ in s 276A(3)(a)(ii) of Act 51 of 1977 in relation to a prisoner to whom the provisions of Act 8 of 1959 relating to placement under community corrections are applicable – Person serving a sentence on parole not entitled to have sentence reconsidered in terms of s 276A(3)(a)(ii) of Act 51 of 1977 |
09 Nov 2007 |
28 Nov 2007 |
|
|
640/06 |
MEC for Education v Strauss [2007] SCA 155 (RSA)
South African Schools Act 84 of 1996 – s 60 - Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) – s 35 – educator doing part-time discus training injured – whether s 35(1) of COIDA applicable |
12 Nov 2007 |
28 Nov 2007 |
|
|
176/2006 |
Cecil Nurse (Pty) Ltd v Nkola [2007] SCA 154 (RSA)
Contract – clause requiring alterations to a suretyship agreement to be ‘agreed to in writing by the creditor’ to be binding – whether creditor precluded from relying on terms of suretyship agreement presented to it by surety duly executed but subsequently alleged by surety to have been presented by mistake |
15 Nov 2007 |
28 Nov 2007 |
|
|
171/06 |
Minister of Land Affairs and Agriculture v D & F Wevell Trust [2007] SCA 153 (RSA)
Motion proceedings: requirements that must be satisfied where a respondent, who is not able to deliver affidavits deposing to a defence, requests a referral to oral evidence or trial, set out |
01 Nov 2007 |
28 Nov 2007 |
|
|
521/06* |
Body Corporate of Greenacres v Greenacres Unit 17 CC [2007] SCA 152 (RSA)*
Sectional Titles Act 95 of 1986: Arbitration: Management rule 71(1) interpreted |
13 Nov 2007 |
28 Nov 2007 |
|
|
303/07 |
Appels v The State [2007] SCA 151 (RSA)
Appeal against conviction for murder dismissed. No reasonable possibility that accused's version May be true |
06 Nov 2007 |
28 Nov 2007 |
|
|
368/06 |
NDPP v Vermaak [2007] SCA 150 (RSA)
Prevention of Organised Crime Act 121 of 1998 – instrumentality of an offence – motor vehicle driven under the influence of intoxicating liquor – whether appropriate that vehicle be forfeited |
20 Nov 2007 |
28 Nov 2007 |
|
|
576/06 |
DG Department of Home Affairs v Mavericks Revue CC [2007] SCA 149 (RSA)
Immigration Act and Regulations – corporate permit – whether work permit for a corporate worker attracts the fee payable for a general work permit contemplated by s 19 – discretion to require security for repatriation – whether properly exercised |
15 Nov 2007 |
28 Nov 2007 |
|
|
543/06 |
Road Accident Fund v Rampukar/Road Accident Fund v Gumede [2007] SCA 148 (RSA)
Section 3(1)(a) of Act 41 of 2001 – jurisdiction under s 19 of Supreme Court Act 59 of 1959 on part of transferring court not a requirement – operation of section not limited to areas affected by change of jurisdiction under s 2 of the Act |
08 Nov 2007 |
28 Nov 2007 |
|
|
672/2006 |
CSARS v Airworld CC [2007] SCA 147 (RSA)
Revenue – Secondary Tax on Companies – when payable where loans made to a discretionary trust – interpretation of the word ‘beneficiary’ in definition of ‘recipients’ in s 64C as it read prior to amendment in 2000 |
11 Sep 2007 |
26 Nov 2007 |
|
|
641/2006 |
Volcano Agroscience (Pty) Ltd v Minister of Agriculture [2007] SCA 146 (RSA)
Act 36 of 1947 – ‘agricultural remedy’ as defined imported in contravention of s 16(1) – option contemplated in s 16(6)(a) available to illegal importer – despite the additional contravention of S7 |
16 Nov 2007 |
26 Nov 2007 |
|
|
36/07 |
PGB Boerdery Beleggings (Edms) Bpk v Somerville 62 (Edms) Bpk [2007] SCA 145 (RSA)- Only Afrikaans
Neighbour law – nuisance – right to introduce blue wildebeest on game farm in spite of risk of bovine malignant catarrhal fever |
15 Nov 2007 |
26 Nov 2007 |
|
|
615/2006 |
Bid Industrial Holdings v Strang [2007] SCA 144 (RSA)
Arrest to found or confirm jurisdiction held to be unconstitutional. The
common law developed by abolition of the requirement of arrest to found or confirm jurisdiction. Jurisdiction capable of being established on other bases without arrest and also without attachment where no attachable property
|
27 Aug 2007 |
23 Nov 2007 |
- |
|
434/2006 |
Lufuno Mphaphuli & Associates v Andrews [2007] SCA 143 (RSA)
Arbitration - review of award - grounds for setting aside - condonation - refusal of |
05 Nov 2007 |
22 Nov 2007 |
|
|
614/2006 |
Eley v Lynn & Main Inc [2007] SCA 142 (RSA)
Whether claim against surety in respect of debt where judgment has been given against principal debtor prescribes after three years as contemplated in Prescription Act 68 of 1969, s 11(d), or after 30 years as contemplated in s 11(a)(ii) |
02 Nov 2007 |
22 Nov 2007 |
|
|
629/2006 |
Intramed v Standard Bank [2007] SCA 141 (RSA)
Locus standi of bank seeking removal of joint liquidators-dependent on whether bank still creditor-bank relying on judgment which in effect reinstated claim expunged by Master at appellants' request-judgment granting interest on claim a tempore morae... |
06 Nov 2007 |
20 Nov 2007 |
|
|
600/06 |
Nortje v Die Staat [2007] SCA 140 (RSA) - Only Afrikaans
Verkragting en onsedelike aanranding – alibi verweer op feite van die hand gewys – verweer van toestemming vir die eerste keer op appèl geopper – eweneens onsuksesvol – vonnis van 10 jaar gevangenisstraf vir verkragting opgelê in terme van Wet 105 van 1997 – geen wesenlike en dringende omstandighede aanwesig nie. |
02 Nov 2007 |
09 Nov 2007 |
|
|
302/06 |
Minister of Safety & Security v Bennett [2007] SCA 139 (RSA)
Search and seizure – whether execution of warrants issued in terms of s 21 of Criminal Procedure Act 51 of 1977 invalid – whether seizure of documents covered by warrant invalidated by simultaneous seizure at the same time of privileged documents not covered thereby |
03 May 2007 |
08 Nov 2007 |
|
|
596/05 |
NDPP v Mahomed [2007] SCA 138 (RSA)
Search and seizure – materials seized pursuant to warrant invalidly issued in terms of s 29 of National Prosecuting Authority Act 32 of 1998 – whether appropriate for court setting seizure aside to make order for preservation of copies of materials seized pending possible prosecution of person whose materials were seized – purposes for which such order May be granted |
27 Aug 2007 |
08 Nov 2007 |
|
|
639/06 |
NDPP v Zuma & Hulley [2007] SCA 137 (RSA)
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague |
28 Aug 2007 |
08 Nov 2007 |
|
|
671/06 |
Thint v NDPP [20074] SCA 136 (RSA)
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague |
29 Aug 2007 |
08 Nov 2007 |
|
|
232/2007 |
JG Zuma and Thint v NDPP [2007] SCA 135 (RSA)
Letter of request issued under s 2(2) of the International Cooperation in Criminal Matters Act 1996 – whether provisions of the section complied with – whether appellants have standing to challenge the validity of the request |
21 Sep 2007 |
08 Nov 2007 |
|
|
43/2007 * |
Pakane v The State [2007] SCA 134 (RSA)
Murder – defeating the ends of justice – A police officer killing the deceased during a police patrol in the presence of his junior colleagues and subsequently concealing his actions to evade detection – convicted of murder and defeating the ends of justice and sentenced to 15 and eight year terms of imprisonment... |
30 Aug 2007 |
28 Sep 2007 |
|
|
377/2006 |
Stalwo v Wary Holdings [2007] SCA 133 (RSA)
Contract of sale of land – whether suspensive condition a tacit term – whether tacit term offends against sec 2(1) of the Alienation of Land Act 68 of 1981 – meaning of ‘agricultural land’ as defined in section 1 of the Subdivision of Agricultural Land Act 70 of 1970 |
19 Sep 2007 |
28 Sep 2007 |
|
|
560/2006 |
Hack Stupel & Ross v Kgang [2007] SCA 132 (RSA)
The Respondent claimed damages by way of motion proceedings ─ no basis for damages appears from affidavits or how damages were computed |
28 Aug 2007 |
28 Sep 2007 |
|
|
470/2006 |
KwaZulu CMS Monitoring Systems v KZN Gambling Board [2007] SCA 131 (RSA)
Regulation 156(8), PN 1087 PG, 7 Nov 2003, promulgated under s 87 of the Kwazulu-Natal Gambling Act 10 of 1996 provides for a single central electronic monitoring system for the Province ─ the Provincial Gambling Board had authority to contract for the procurement of the system |
20 Sep 2007 |
28 Sep 2007 |
|
|
487/2006 |
Minister of Local Government, Housing & Traditional Affairs (KwaZulu-Natal) v Umlambo Trading 29 CC [2007] SCA 130 (RSA)
Local Government: Municipal Systems Act 32 of 2000, ss 106(1)(b) and (2) – appointment of person(s) to investigate maladministration, fraud, corruption or other serious malpractice in a municipality in KwaZulu-Natal – in order for investigator to have powers of subpoena, commission must be appointed by the Premier by proclamation in the Provincial Gazette in terms of s 2 of the KwaZulu-Natal Commissions Act 3 of 1999 |
18 Sep 2007 |
28 Sep 2007 |
|
|
338/2006 |
Mngomezulu v NDPP [2007] SCA 129 (RSA)
A direction granted ex parte in terms of the Interception and Monitoring Prohibition Act 127 of 1992 is provisional and subject to reconsideration, but there must be a legitimate purpose for its reconsideration. Where the purpose is to protect fair trial rights it is premature to seek, in advance of a pending trial, to have the direction reconsidered ... |
10 Sep 2007 |
28 Sep 2007 |
|
|
482/2006 |
Tetra Mobile Radio v MEC, Department of Works [2007] SCA 128 (RSA)
Interpretation and application of the KwaZulu Natal Procurement Act 3 of 2001 – Access to information under the said Act |
29 Aug 2007 |
28 Sep 2007 |
|
|
677/2006 |
Scott-Crossley v S [2007] SCA 127 (RSA)
Criminal appeals ─ reassessment of credibility of witnesses ─ corroboration ─ inference when version not put in cross-examination ─ accomplice evidence |
20 Aug 2007 |
28 Sep 2007 |
|
|
324/2006 |
Just Names Properties v Fourie [2007] SCA 126 (RSA)
Written agreement of an immovable property, whether the sale agreement complied with the requirements set out in section 2(1) of the Alienation of Land Act 68 of 1981, in circumstances where offer signed and delivered by offeree in incomplete form |
14 Sep 2007 |
28 Sep 2007 |
|
|
598/2006 |
Dissel v The State [2007] SCA 125 (RSA)
Criminal law – Conviction and sentence – murder – 15 years’ imprisonment – whether appellant acted in self-defence – substantial and compelling circumstances justifying imposition of lesser sentence than prescribed minimum – sentence imposed by High Court set aside and appeal and sentence imposed by regional magistrate reinstated |
17 Aug 2007 |
28 Sep 2007 |
|
|
627/2006 |
Van Niekerk v Favel [2007] SCA 124 (RSA)
Alienation of Land Act 68 of 1981 – Notice in terms of s 19(2) to purchaser to remedy breach – Interpretation of s 19(1)(c) – Seller required, under s 19(2)(c), to refer in the notice to the remedies in s 19(1) he intends to invoke if breach not remedied – Such reference May be in the alternative – Mere reference to clause in contract not adequate |
17 Sep 2007 |
27 Sep 2007 |
|
|
503/2006 |
Vari-Deals 101 (Pty) Ltd v Sunsmart Products (Pty) Ltd [2007] SCA 123 (RSA)
Patent – Interpretation of specification and claims – 'Purposive approach' – Patent and Registered Design – Anticipation – Infringement |
03 Sep 2007 |
27 Sep 2007 |
|
|
03/2007 |
Legh v Nungu Trading 353 [2007] SCA 122 (RSA)
Winding up - s 20(1)(c) of the Insolvency Act 24 of 1936 not rendered applicable to a Company in winding up by s 339 of the Companies Act 61 of 1973. |
12 Sep 2007 |
27 Sep 2007 |
|
|
218/2006 * |
Republican Press v CEPPWAWU [2007] SCA 121 (RSA)
Appeal direct from Labour Court - competent when Labour Appeal Court has declined to entertain appeal – reinstatement of dismissed employee - retrospective effect not limited
|
15 Aug 2007 |
27 Sep 2007 |
- |
|
461/2006 |
Raol Investments v Madlala [2007] SCA 120 (RSA)
Dismissal of employee – automatic unfairness – differentiation in treatment not necessarily racial discrimination |
10 Sep 2007 |
27 Sep 2007 |
- |
|
75/2007 |
Mngqibisa v The State [2007] SCA 119 (RSA)
Criminal law – fraud – appellant making false representation to an employee of the complainant – subsequently he stated correct facts to another employee – initial statement calculated to prejudice complainant |
06 Sep 2007 |
27 Sep 2007 |
|
|
532/2006* |
Progress Office Machines v SARS [2007] SCA 118 (RSA)*
Imposition of anti-dumping duty in terms of Customs and Excise Act 91 of 1964 – Effect of retrospective imposition of duty – International law – Incorporation into municipal law |
30 Aug 2007 |
25 Sep 2007 |
|
|
293/2006 |
Strydom v Liebenberg [2007] SCA 117 (RSA)
Vindicatory action for return of game over which plaintiff claimed ownership. Plaintiff’s properties but not the game thereon sold to private persons. Held plaintiff entitled to claim the game, but not its value as it was not possible to apportion the value of the game between the purchasers of the properties |
13 Sep 2007 |
25 Sep 2007 |
|
|
460/2006 |
Van Niekerk v Van Niekerk [2007] SCA 116 (RSA)
Anton Piller order-preservation of evidence-application for setting aside of order granted ex parte-dismissal of application-whether appealable |
14 Sep 2007 |
21 Sep 2007 |
- |
|
242/2006 |
The Olympic Countess [2007] SCA 115 (RSA)
Ranking of claims in terms of Act 105 of 1983, s 11 - s 11(4)(c)(v) does not include claim of person who pays person who renders services to ship |
07 Sep 2007 |
21 Sep 2007 |
|
|
585/2006 |
Road Accident Fund v Ngubane [2007] SCA 114 (RSA)
Regulation 2(3) read with Road Accident Fund Act 56 of 1996, s 17(1)(b)-claim to be lodged with Fund within two years-Fund May waive this requirement or enter into a compromise |
07 Sep 2007 |
21 Sep 2007 |
|
|
158/2007 |
Fhetani v The State [2007] SCA 113 (RSA)
Sentence-Sexual Offences Act 23 of 1957, s 22 prescribes maximum sentence of 6 years' imprisonment with or without maximum fine of R12 000-incompetent to impose imprisonment in excess thereof for contravening s 14 of Act |
11 Sep 2007 |
21 Sep 2007 |
|
|
441/2006 |
Lombard Insurance v City of Cape Town [2007] SCA 112 (RSA)
Interpretation of guarantee |
15 Aug 2007 |
21 Sep 2007 |
|
|
530/2006 |
Kebble v Minister of Water Affairs [2007] SCA 111 (RSA)
An order that a person is in contempt of court, which carries with it criminal sanctions, should be made only where court order allegedly flouted is clear and capable of enforcement-appeal upheld against order that former directors... |
23 Aug 2007 |
21 Sep 2007 |
|
|
174/2006 |
Mabuza v The State [2007] SCA 110 (RSA)
It is not a prerequisite for a fair trial that there is a verbatim recording of the magistrate’s explanation of the rights of unrepresented accused and the response of the accused. Sentence of life imprisonment imposed for rape of 15 year old complainant and 15 years’ imprisonment... |
22 Aug 2007 |
20 Sep 2007 |
|
|
170/2006 |
Van Zyl v Government of RSA [2007] SCA 109 (RSA)
Public international law ─ diplomatic protection |
21/22 Aug 2007 |
20 Sep 2007 |
|
|
418/2006 |
Wessels v Pretorius [2007] SCA 108 (RSA)
Negligence – father permitting sixteen year old son to drive motor vehicle without supervision – reasonably foreseeable that peer pressure would lead to son overstepping bounds of reasonable behaviour – father’s conduct negligent – resultant injury to passenger foreseeable – father personally liable |
28 Aug 2007 |
20 Sep 2007 |
- |
|
314/2006 |
Exdev v Yeoman Properties [2007] SCA 107 (RSA)
An option for purchase of immovable property not invalid merely by reason of its silence on terms of payment of purchase price-in absence of express agreement law implies these terms |
24 Aug 2007 |
19 Sep 2007 |
- |
|
668/2006 |
Schwartz NO v Pike [2007] SCA 106 (RSA)
Contract-interpretation-association agreement-disposal of deceased member's interest in close corporation-unilateral appointment by executor of accountant to value interest in conflict with parties' intention-members to be afforded opportunity to each... |
03 Sep 2007 |
19 Sep 2007 |
- |
|
162/2006 (order) |
CSARS v Trend Finance (Pty) Ltd [2007] SCA 105 (RSA)
Costs - provisional order - distinct ground of appeal |
07 May 2007 |
19 Sep 2007 |
- |
|
589/2006* |
Webtrade v Van der Schyff [2007] SCA 104 (RSA)*
Provisions of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) do not apply in circumstances in which owner of land takes possession from a builder exercising a builder's lien |
10 Sep 2007 |
17 Sep 2007 |
|
|
476/2006 |
SA Breweries v Shoprite Holdings [2007] SCA 103 (RSA)
Sale by appellant to respondent of large retail concern-validity of determination by expert of accounting disputes |
16 Aug 2007 |
14 Sep 2007 |
|
|
433/2006 |
Naidoo v The State [2007] SCA 102 (RSA)
Criminal procedure-plea of guilty to attempted murder-Magistrate on facts correct in not invoking Criminal Procedure Act, s 113(1) |
04 Sep 2007 |
14 Sep 2007 |
|
|
397/2006 |
The Trustees, Bus Industry Restructuring Fund v Break Through Investments [2007] SCA 101 (RSA)
Exception against particulars of claim-objection that claim precluded by contractual provision-held that properly construed provision has no bearing on claim at all |
03 Sep 2007 |
14 Sep 2007 |
- |
|
431/2006 |
CSARS v The Baking Tin [2007] SCA 100 (RSA)
Tariff determination by Commissioner in respect of aluminium containers confirmed: intention of importer as to use not a determinant of objective characteristics of containers |
17 Aug 2007 |
14 Sep 2007 |
|
|
391/2006 |
CSARS v Brummeria Renaissance (Pty)Ltd [2007] SCA 99 (RSA)
Income tax-Act 58 of 1962-right to use loans interest-free is 'gross income' which 'accrues' to a taxpayer-effect of ss 79(1) and 81(5) discussed |
24 Aug 2007 |
13 Sep 2007 |
|
|
478/2007 |
Bridges v The State [2007] SCA 98 (RSA)
No Summary |
12 Sep 2007 |
12 Sep 2007 |
- |
|
370/2006 |
MTN Service Provider v Afro Call [2007] SCA 97 (RSA)
Application for security for costs under Companies Act 61 of 1973, s 13-refused by court a quo in exercise of its discretion-powers of appellate court to interfere strictly circumscribed-finding on facts that court a quo exercised discretion for no... |
29 Aug 2007 |
12 Sep 2007 |
- |
|
331/2006 |
Commercial Auto Glass (Pty) Ltd v BMW AG [2007] SCA 96 (RSA)
Trade marks - infringement - use in relation to unauthorised spare parts |
17 Aug 2007 |
07 Sep 2007 |
|
|
304/2006 |
Barnett v Minister of Land Affairs [2007] SCA 95 (RSA)
Application for eviction from cottages built in coastal conservation area – based on both Decree 9 of 1992 (Transkei) and wrongful possession in common law – plea of prescription dismissed on principle of continuous wrong – PIE found not applicable because
cottages held not to be ‘homes’- other defences dismissed on the facts |
20 Aug 2007 |
06 Sep 2007 |
|
|
588/2006 |
Blignaut v The State [2007] SCA 94 (RSA)
Sentencing - minimum sentence - substantial and compelling circumstances- misdirection by trial court |
16 Aug 2007 |
30 Aug 2007 |
|
|
439/2007 |
Crossberg v S [2007] SCA 93 (RSA)
Bail ─ after conviction and sentence trial judge refusing bail ending an application for leave to appeal to this court on the basis that there were no prospects of success on the merits ─ this court granting leave to appeal ─ in the interests of justice that bail be granted pending finalisation of appeal |
22 Aug 2007 |
22 Aug 2007 |
- |
|
387/2006 |
Minister of Justice & Constitutional Development v Zealand [2007] SCA 92 (RSA)
Whether continued detention of previously sentenced prisoner after setting aside of his sentence is unlawful where he is awaiting trial in custody on another charge |
15 May 2007 |
20 Jun 2007 |
|
|
315/2006 |
Balkwell v The State [2007] SCA 91 (RSA)
Culpable homicide – appellants assaulting and causing the death of the deceased – appellants ought reasonably to have foreseen that death might ensue from their assault – sentences of seven years imprisonment appropriate in the circumstances |
14 May 2007 |
20 Jun 2007 |
|
|
296/2006 |
Radio Pretoria v The Independent Communications Authority of South Africa [2007] SCA 90 (RSA)
Administrative law – refusal of broadcasting licence reviewed – application not properly considered |
04 May 2007 |
08 Jun 2007 |
- |
|
243/2006 |
Mutual & Federal v Da Costa [2007] SCA 89 (RSA)
Insurance - misdescription of year and model of motor vehicle - whether material - whether best evidence led on quantum of indemnification |
05 May 2007 |
06 Jun 2007 |
|
|
262/2006 |
Central Authority v Houwert [2007] SCA 88 (RSA)
Minor – wrongful retention of – Hague Convention on the Civil Aspects of International Child Abduction (1980) – defences – article 13(a) – consent to retention – onus on parent raising the defence – no real or genuine dispute of fact raised on consent issue – expeditiousness essential at all stages of the Convention process, including appeals... |
17 May 2007 |
04 Jun 2007 |
|
|
379/2006 |
De Gree v Webb [2007] SCA 87 (RSA)
Family law - child - inter-country adoption - application for sole custody and guardianship - best interests of minor child to be removed from country in terms of an adoption effected in children's court pursuant to provisions of Child Care Act 74 of 1983... |
09 May 2007 |
01 Jun 2007 |
|
|
208/2006* |
Constantaras v BCE Foodservice Equipment [2007] SCA 86 (RSA)*
Close Corporations Act 69 of 1984, s 23-purpose of-cheque sigend on behalf of corporation not containing prescribed information-personal liability of signatory on non-payment by corporation-defence of rectification not available to meet claim under Act... |
23 May 2007 |
01 Jun 2007 |
|
|
128/2006 |
Lodhi 2 Properties v Bondev [2007] SCA 85 (RSA)
Rescission of default judgments-Rule 42(1)(a)-default judgment to which plaintiff procedurally entitled cannot be said to have been granted erroneously in the light of subsequently disclosed defence... |
23 May 2007 |
01 Jun 2007 |
- |
|
399/2006 |
Agrico Masjinerie v Swiers [2007] SCA 84 (RSA)
Land-eviction from-Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998-'unlawful occupier'-who is-'other right in law to occupy such land'-does not extrend to occupation unlawfully obtained by self-help-discretion... |
15 May 2007 |
01 Jun 2007 |
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121/2006* |
Bell v RAF [2007] SCA 83 (RSA)*
Motor vehicle accidents-compensation-damages claim in terms of MMVA Fund Act 93 of 1989-whether a flatbed transporter is a 'motor vehicle' as defined in Act-whether 'road' in defenition of a 'motor vehicle' means a 'public road'... |
17 May 2007 |
01 Jun 2007 |
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268/2006 |
Singh v NDPP [2007] SCA 82 (RSA)
Criminal law-application for preservation order in respect of immovable property in terms of Prevention of Organised Crime Act 121 of 1998, s 38-NDPP bears onus of establishing reasonable grounds to believe that property is... |
21 May 2007 |
01 Jun 2007 |
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567/2006 |
Dlepu v The State [2007] SCA 81 (RSA)
Criminal law-appeal against conviction and sentence-regional court contrasting accused's versions-incorrect test-appellant's version on correct test reasonably possibly true-appeal upheld... |
07 May 2007 |
01 Jun 2007 |
- |
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271/2006 |
Bowring NO v Vrededorp Properties CC [2007] SCA 80 (RSA)
Doctrine of notice-application in areas of both unregistered servitudes and of successive sales-in latter instance no reason in principle why first purchaser cannot claim transfer of thing sold directly from subsequent purchaser... |
21 May 2007 |
31 May 2007 |
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97/2006 |
Boxer Superstores Mthatha v Mbenya [2007] SCA 79 (RSA)
Jurisdiction-high court-termination of employment-employee claiming relief because 'unlawful'-not falling within exclusive jurisdiction of labour courts-high court has jurisdiction-jurisdictional challenge dismissed... |
22 May 2007 |
31 May 2007 |
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96/2006 |
RAF v Grobler [2007] SCA 78 (RSA)
Collission between motor vehicle and motor cyclist-to avoid collission cyclist swerve to his incorrect lane of travel-if motor cyclist committed an error of judgment, question is whether a reasonable man in the circumstances could have done the same... |
23 MAR 2007 |
31 May 2007 |
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380/2006 |
Pretorius NO v Stanlib Wealth Management Ltd [2007] SCA 77 (RSA)
Oral contract to invest in respondent's investment fund established by evidence: representative of respondent had authority to bind it |
18 May 2007 |
31 May 2007 |
|
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444/2006 |
Vhengani v The State [2007] SCA 76 (RSA)
Evidence - cautionary approach applicable to evidence of a singel witness |
21 May 2007 |
31 May 2007 |
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131/2006* |
Minister of Defence v Dunn [2007] SCA 75 (RSA)*
Appeal against decision that appointment of person to post in SANDF was reviewable under Promotion of Administrative Justice Act 3 of 2000; grounds for review not established by respondent-appeal upheld: order that person not... |
10 May 2007 |
31 May 2007 |
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346/2006 |
Kriel v Beukes [2007] SCA 74 (RSA)
Illegal use of aircraft - claim for payment in respect of such use dismissed |
15 May 2007 |
31 May 2007 |
- |
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447/2006 |
Botha v Giyose t/a Paragon Fisheries [2007] SCA 73 (RSA)
Contract - undisclosed prinicipal - when agent May sue in own name |
11 May 2007 |
31 May 2007 |
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269/2006 |
Amplats Management Services (Pty) Ltd v Van Jaarsveld [2007] SCA 72 (RSA)
Contract of employment - whether established |
14 May 2007 |
31 May 2007 |
|
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41/2006 |
MP Finance Group CC v CSARS [2007] SCA 71 (RSA)
Amounts taken by illegal and fraudulent pyramid scheme constitute amounts 'received' within meaning of 'gross income' in Income Tax Act where intention of scheme operator is not to contract with investors but to appropriate their money to facilitate... |
02 May 2007 |
31 May 2007 |
|
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303/2006 |
Tswelopele Non-Profit Organisation v City of Tshwane Metropolitan Municipality [2007] SCA 70 (RSA)
Unlawful eviction – constitutional remedies – development of suitable remedy – unnecessary to develop mandament van spolie – court ordering governmental agencies that unlawfully destroyed
shacks to construct habitable temporary shelters for those affected |
11 May 2007 |
30 May 2007 |
|
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553/2005* |
Haakdoornbult Boerdery CC v Mphela [2007] SCA 69 (RSA)*
Restitution of land – effect of compensation received at the time of
dispossession – partial restoration. |
08 May 2007 |
30 May 2007 |
|
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139/2006 |
Cohen v Lench [2007] SCA 68 (RSA)
Agreement of sale - right to cancel - whether notice to remedy breach properly delivered - whether notice received in fact... |
18 May 2007 |
29 May 2007 |
- |
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343/2006 |
ABSA Bank Bpk v Du Preez; Beyplas Edms Bpk [2007] SCA 67 (RSA)
Aard en omvang van aansprake tov silosertifikate onderhewig aan feitedispute-in geval van halfhartige ontkenning moet hof steeds tevrede wees dat aansoekdoener se eedsverklaring inherent geloofwaardig is inaggenome die waarskynlikhede-bevinding... |
02 May 2007 |
29 May 2007 |
|
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422/2006 |
Pietermaritzburg SPCA v Peerbhai [2007] SCA 66 (RSA)
Motor vehicle collision - two irreconcilable versions - onus of proof - failure to discharge... |
18 May 2007 |
29 May 2007 |
|
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650/2006 |
Ramdeo v DPP [2007] SCA 65 (RSA)
Sentence - fraud - issuing false roadworthy certificates... |
21 May 2007 |
29 May 2007 |
- |
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179/2006 |
Van der Merwe v RAF [2007] SCA 64 (RSA)
In terms of s 17(5) of the RAF Act 56 of 1996 the supplier May claim directly from Fund third party's costs of accomodation or treatment or service rendered or goods supplied by supplier-supplier's claim dependent upon third party's claim and May thus... |
14 May 2007 |
29 May 2007 |
|
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227/2006 |
Chagi v Singisi Forest Products [2007] SCA 63 (RSA)
Act 62 of 1997-land-meaning thereof-s9 applies only to evictions from the registered piece of land as a whole... |
09 May 2007 |
29 May 2007 |
|
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320/2006 |
Ethekwini Metropolitan Unicity Municipality v Pilco Investments CC [2007] SCA 62 (RSA)
Lease-interpertation of-lessee given only partial occupation of leased property-lessee obliged to pay rent, although entitled to remission of rent proportional to its reduced use and enjoyment-failure by lessee to pay any rent, despite due demand... |
03 May 2007 |
29 May 2007 |
- |
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287/2006 |
Citibank NA v Thandroyen Fruit Wholesalers CC [2007] SCA 61 (RSA)
Confession to judgment in terms of Rule 31(1) must be founded on cause of action contained in summons or notice of motion-severability of provision in agreement relating to procedure for obtaining judgment in event of a breach-provision permitting... |
10 May 2007 |
28 May 2007 |
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323/2006 |
Merry Hill v Engelbrecht [2007] SCA 60 (RSA)
Alienation of Land Act 68 of 1981, s 19(2)(c)-though peremptory in its terms substantial compliance sufficient-requirements of section satisfied by notice indicating alternative steps intended by seller upon purchaser's failure to rectify breach |
03 May 2007 |
24 May 2007 |
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162/2006 |
CSARS v Trend Finance (Pty) Ltd [2007] SCA 59 (RSA)
Customs & Excise Act 91 of 1964: power conferred on Commissioner, SARS, to determine value of imported goods for duty purposes, must be exercised within reasonable period of time; if it is not, right to retain goods seized or security falls away... |
07 May 2007 |
23 May 2007 |
|
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53/2004 |
Mamushe v The State [2007] SCA 58 (RSA)
Extra-curial statements by state witness-not admissible in evidence against accused person under Act 45 of 1988, s 3(1)(b), unless confirmed by maker in court-admission of statements 'in interest of justice' in terms of s 3(1)(c) considered but refused... |
08 May 2007 |
18 May 2007 |
|
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295/2006 |
Road Accident Fund v Monjane [2007] SCA 57 (RSA)
An employee who sustains an 'occupational injury' as defined in Act 130 of 1993 will have no claim under the Road Accident Fund Act 56 of 1996 if the wrongdoer is his or her employer |
04 May 2007 |
18 May 2007 |
|
|
100/2006 |
Midi Television (Pty) Ltd v DPP [2007] SCA 56 (RSA)
Restricting press freedom-prohibiting broadcast of documentary unless DPP permitted first to view it-whether constitutionally permitted |
19 Mar 2007 |
18 May 2007 |
|
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392/2006 |
ER24 Holdings v Smith NO [2007] SCA 55 (RSA)
Compensation for Occupational Injuries and Diseases Act, 130 of 1993: remuneration 'in kind' as contemplated in definition of 'employee' means provision of something that has an objectively ascertainable value which can serve as basis ... |
04 May 2007 |
18 May 2007 |
|
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222/2006* |
Tao Ying Metal Industries v Pooe NO [2007] SCA 54 (RSA) *
Arbitration under Labour Relations Act 1995-duties of arbitrator-function of court on review-exemptions from industrial council and bargaining council agreements |
08 Mar 2007 |
18 May 2007 |
- |
|
250/2006 |
Verimark (Pty) Ltd v BMW AG [2007] SCA 53 (RSA)
Trade mark infringement - use as a trade mark - unfair advantage of a well-known trade mark |
02 May 2007 |
17 May 2007 |
|
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211/2006* |
Old Mutual v Gumbi [2007] SCA 52 (RSA) *
Dismissal-procedural fairness-employee's deliberate absence from a disciplinary enquiry not affecting validity of ensuing dismissal |
23 Mar 2007 |
17 May 2007 |
|
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318/2006 |
Nel v The State [2007] SCA 51 (RSA)
Sentence-substantial and compelling circumstances-financial pressures and drug addiction-and other factors-on appeal-sentence of fifteen years set aside-S v Wasserman 2004 (1) SACR 251 (T) criticised |
20 Mar 2007 |
11 May 2007 |
|
|
072/2006 |
Sunsmart v Flag and Flagpole Industries [2007] SCA 50 (RSA)
Patents Act 57 of 1978 – novelty – obviousness – infringement. Designs Act 195 of 1993 – novelty |
16 Mar 2007 |
03 Apr 2007 |
|
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183/2006 |
Joint Municipal Fund v LJ Grobler [2007] SCA 49 (RSA)
Pension fund-whether rules validly empower amendment depriving member of 'established benefit'-whether decision to amend and validity of amendment can be subject f 'complaint' under Pension Funds Act 24 of 1956 to Pension Funds Adjudicator... |
01 Mar 2007 |
30 Mar 2007 |
|
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677/2005 |
Registrar of Pension Funds v B Angus NO [2007] SCA 48 (RSA)
Pension Funds Act applies to neither a fund established by an industrial council agreement nor to one established separately from, but pursuant to, such an agreement |
27 Feb 2007 |
30 Mar 2007 |
|
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215/2006 |
Potgieter v Potgieter [2007] SCA 47 (RSA)
Divorce-custody of minor children-best interests of child paramount consideration-factual findings made by trial court relating to parties' parental capacity-approach of appeal court to such factual findings-expert evidence-principles relevant to... |
22 Mar 2007 |
30 Mar 2007 |
|
|
100/2007 |
Scott-Crossley v The State [2007] SCA 46 (RSA)
Bail ─ pending appeal ─accused granted leave to appeal ─ effect of ─ mere fact that sentenced person granted leave to appeal not constituting exceptional circumstance ─ court will take into account that the accused has no prospect of avoiding a custodial sentence ─ accused’s personal circumstances commonplace... |
23 Mar 2007 |
29 Mar 2007 |
|
|
133/2006* |
Gutsche Family Investments v Mettle Equity Group [2007] SCA 45 (RSA)*
Jurisdiction – Arbitration – In the absence of an express agreement an appeal arbitrator is not entitled finally to decide his own jurisdiction |
19 Mar 2007 |
29 Mar 2007 |
|
|
025/2006* |
The Chairpersons’ Association v Minister of Arts and Culture [2007] SCA 44 (RSA)*
Administrative Law – PAJA s 6(2)(e)(iii) – name change of Louis Trichardt to Makhado reviewed and set aside |
19 Feb 2007 |
29 Mar 2007 |
|
|
084/2006 |
Ghersi v Tiber Developments (Pty) Ltd [2007] SCA 43 (RSA)
Section 266 of the Companies Act, 61 of 1973: The mandate of a provisional curator ad litem to investigate the affairs of the company is limited to the grounds alleged in the shareholder’s application to court; but a court May in certain circumstances authorise the institution of legal proceedings against the company based on wider grounds |
15 Mar 2007 |
29 Mar 2007 |
|
|
316/2006 |
Du Plessis v Die Staat [2007] 42 (RSA)
Onsedelike aanranding – vonnis ingevolge art 276(1)(i) bekragtig |
22 Mar 2007 |
29 Mar 2007 |
|
|
348/2006 |
Jochen Kofahl v S L Keiley [2007] SCA 41 (RSA)
Company shares – valuation – relevant factors – onus on the plaintiff |
07 Mar 2007 |
29 Mar 2007 |
|
|
046/2006 |
Smith v The State [2007] SCA 40 (RSA)
Sentence-motor vehicle theft-first offender-sentence of four years' imprisonment-on appeal sentence found to be inappropriately severe justifying interference-sentence reduced by suspending two years conditionally |
19 Mar 2007 |
28 Mar 2007 |
|
|
569/2006 |
Mlenze v The State [2007] SCA 39 (RSA)
Criminal law - appeal against conviction and sentence - regional court considering all evidence before conviction - appellant's verion not reasonably possibly true - appeal dismissed |
19 Mar 2007 |
28 Mar 2007 |
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