| |
Case
Nr |
Title |
Hearing
Date |
Judgment Date |
Media Statement |
 |
340/07 |
Stewart v Botha (340/2007) [2008] ZASCA 84 (3 JUNE 2008)
Delict – liability of medical practitioner to a child born with
congenital defects – failure to inform mother who would have
terminated pregnancy – wrongfulness – legal policy. |
21 May '08 |
03 Jun '08 |
|
|
220/07 |
Kungwini Local
Municipality v Silver Lakes Homeowners Association (220/07) [2008] ZSCA
83 (RSA)
Local authority – rates and taxes – section 10G(7) of Local
Government Transition Act 209 of 1993 – whether local authority
substantially complied with this section in increasing property rates –
validity of municipal council resolution and subsequent local authority
notice |
13 May '08 |
02 Jun '08 |
|
|
519/2007 |
Ovation v Executive Officer Financial Services Board
(519/2007) [2008] ZASCA 82 (02 JUNE 2008)
Appointment of a curator to take control and management of an institution under
s 5 of the Financial Institutions (Protection of Funds) Act 28 of 2001 – court having a wide
discretion and entitled to order that the costs of curatorship be defrayed from the assets of
investors held by the institution – court further entitled to restrict payments to investment
beneficiaries and disinvestment from the institution under curatorship. |
21 May '08 |
02 Jun '08 |
|
|
453/07 |
P Langeveldt v The State (453/2007) [2008] ZASCA 81
(2 June 2008)
Motor collision – factual dispute – no misdirection on the part of trial court |
20 May '08 |
02 Jun '08 |
|
|
609/2007 |
EAL Mocke v The State (609/2007) [2008] ZASCA
80 (2 June 2008)
Accused convicted of murder by regional magistrate on evidence
of single witness – no reasons given nor credibility findings made by magistrate
on evidence of witnesses.
On appeal – this held to be misdirection entitling appellate court to interfere and
reassess evidence itself - Conviction and sentence set aside and replaced with one
of being accessory after fact to murder.
Sentence – two years of correctional supervision imposed.
Costs – State ordered to pay wasted costs occasioned by non-appearance of its
representative on attorney and client scale. |
27 May '08 |
02 Jun '08 |
|
|
291/07 |
City of Cape Town v
Helderberg Park Development (Pty) Ltd (291/07) [2008] ZASCA
79 (2 June 2008)
Administrative law – section 28 of Land Use Planning Ordinance 15
of 1985 (Cape) – whether gives rise to independent cause of action for compensation –
whether compensation claimable flowing from ultra vires decision not set aside – order in
para 13. |
14 May '08 |
02 Jun '08 |
|
|
462/07 |
NCSPCA v
Openshaw (462/07) [2008] ZASCA 78 (RSA)
Interim relief - refusal of – delay by appellant in instituting principal
action – right to interim relief forfeited – reasonable apprehension of
irreparable harm not established - Order in para [31]. |
16 May '08 |
30 May '08 |
|
|
482/07 |
Egglestone v The
State (297/2005) [2008] ZASCA 77 (30 May 2008)
Criminal Law – appeal against multiple convictions and sentence – consent –
what is – indecent assault – what is – S v F still the law – owner of escort
agency having sexual intercourse with and indecently assaulting prospective
prostitute during on-the-job training – participation in training not amounting
to consent – convictions for rape and indecent assault confirmed.
Order in para [29]. |
28 Feb '08 |
30 May '08 |
|
|
430/07 |
Director of Public
Prosecutions: Transvaal v Venter (430/2007) [2008] ZASCA 76 (30 May 2008)
Murder and attempted murder – family members – amnesia and temporary
non pathological diminished criminal responsibility – effect on sentence –
effect of minimum sentencing legislation – need for standardised and
consistently severe sentences for violent crime – retributive and deterrent
elements outweigh personal considerations – sentence of 18 years appropriate.
Order in para [34]. |
07 May '08 |
30 May '08 |
|
|
553/07 |
Enslin v Nhlapo
(553/2007) [2008] ZASCA 75 ( 30 May 2008)
Liability of property owner – cattle straying onto a public road – legal duty - negligence. |
22 May '08 |
30 May '08 |
|
|
358/07 |
Lancino Financial Investments (Pty) Ltd v F J Bennet (358/2007)
[2008] ZASCA 74 (30 MAY 2008)
Pleading – Exception upheld – Almost invariable practice for court to
give pleader opportunity to amend - Order for costs – Where separate
orders for costs made for separate aspects of the hearing, order must
indicate to taxing master how costs are to be apportioned. |
19 May '08 |
30 May '08 |
|
|
510/07 |
Sasria V Slabbert Burger Transport (510/2007) [2008] ZASCA
73 (30 MAY 2008)
Insurance policy – interpretation – absence of clear indication
that words to be given special meaning rather than ‘ordinary
dictionary meaning’ compatible with their content in the policy –
contra proferentem rule applied. |
22 May '08 |
30 May '08 |
|
|
532/07 |
Stokes v The State (532/07) [2008] ZASCA 72 (30 May 2008)
Extradition – s 19 of Act 67 of 1962 – only offences disclosed to
requested state and fugitive constitute offences in respect of which
extradition was sought – ‘sought’ to be interpreted to mean
‘successfully sought’. |
19 May '08 |
30 May '08 |
|
|
411/07 |
Saayman v Visser (411/07) [2008] ZASCA 71 (30 May
2008)
Liability of homeowner in relation to the shooting of a 16 year-old boy by a
security guard stationed at the premises ─ test to determine negligence on part of
homeowner ─ reliance on expertise of security company ─ in totality of circumstances
homeowner held not liable. |
16 May '08 |
30 May '08 |
|
|
207/07 |
Bastian Financial Services v General Hendrik Schoeman
Primary School (207/2007) [2008] ZSCA 70 (30 May 2008)
Contract – public school – liability of school for contractual
damages – whether s 60(1) of Schools Act 84 of 1996 renders
the State liable for claims for contractual damages against a
public school |
09 May '08 |
30 May '08 |
|
|
307/07 (Afr) |
Hexvallei Besproeiingsraad v Geldenhuys (307/07) [2008]
ZASCA 69 (30 Mei 2008)
Water – public water – diverting water contrary to terms of court
order to non-riparian land – interdict granted |
15 May '08 |
30 May '08 |
|
|
395/07 |
Oliphant v The Road
Accident Fund (395/2007) [2008] ZASCA 68 (30 May 2008)
Motor vehicle ‘driver’ working on his engine – spanner he was using
slipped and dropped onto two electrical contact points causing vehicle to
start and set off in reverse injuring the claimant – ‘freak accident’ –
negligence not proved. |
12 May '08 |
30 May '08 |
|
|
255/07 |
M H BLAKE AND ANOTHER v Z CASSIM AND ANOTHER
(255/2007) [2008] ZASCA 67 ( 29 MAY 2008)
Contract – sale of immovable property – no obligation on seller to
define form of guarantee before making demand for furnishing it – written agreement
stipulates clearly time when guarantees to be furnished – seller entitled to cancel for failure
to furnish guarantees on due date. |
05 May '08 |
29 May '08 |
- |
|
434/07 |
Kini Bay Village Association v
Nelson Mandela Metropolitan Municipality (434/2007) [2008] ZASCA 66 (29 May
2008)
Appeal against order for payment of security for costs in terms of s 13 of the
Companies Act 61 of 1973 by impecunious appellant representing residents of affluent
seaside suburb – court of first instance exercising discretion in strict sense – appeal court
entitled to interfere only where material misdirection established even in case involving a
constitutional issue. |
21 May '08 |
29 May '08 |
|
|
349/07 |
Edcon Pension Fund v The
Fianancial Services Board of Appeal and Another (349/07) [2008]
ZASCA 65 (29 May 2008)
Pensions – whether right to bring transfer application under s 14 of
Pension Funds Act 24 of 1956 accrued to appellant before Act 39 of
2001 came into operation. |
20 May '08 |
29 May '08 |
|
|
372/07 |
Apco Africa v Apco Worldwide
(372/2007) [2008] ZASCA 64 ( 29 May 2008)
Companies Act 61 of 1973 – s 344(h) - winding up of a company on the basis that it is just and
equitable to do so. |
12 May '08 |
29 May '08 |
|
|
305/07 |
Director of Public Prosecution v Henry (305/07) [2008] ZASCA 63
(29 May 2008)
Power of Court of Appeal to interfere with exercise of discretion as to costs
by court of first instance – only in event of misdirection, irregularity or no grounds on
which court acting reasonably could have made the order it did. |
19 May '08 |
29 May '08 |
|
|
632/07 |
McIntosh v Premier, KwaZulu-Natal (632/07) [2008] ZASCA 62
(29 May 2008)
Delict – cyclist falling in attempt to avoid pothole in road - legal duty of
Province apparent from statute – additional considerations when weighing up
reasonableness of public authority’s conduct. |
06 May '08 |
29 May '08 |
|
|
638/06 |
Makambi v MEC, Education,
Eastern Cape (638/06) [2008] ZASCA 61 (29 May 2008)
Constitutional Law - whether High Court has jurisdiction to review
termination of emoluments and benefits of educator in state school. |
18 Mar '08 |
29 May '08 |
|
|
270/2007 |
Minister of Agriculture v Bluelilliesbush Dairy
Farming (270/07) [2008] ZASCA 60 (29 May 2008)
Animal Diseases Act 35 of 1984 – compensation under s 19(2) read
with regulation 30 – animals slaughtered because of infection or
reasonably suspected infection with bovine tuberculosis – dairy herd
– ‘fair market value’ connotes value of animals free of infection |
20 May '08 |
29 May '08 |
|
|
247/2007 |
Amanita Premier Oils v Praysa Trade (247/07)
[2008] ZASCA 59 (29 May 2008)
Contract of sale – delivery of groundnuts – terms of contract – court
reversing factual findings of trial court – finding in favour of supplier /
plaintiff |
13 May '08 |
29 May '08 |
|
|
509/2007 |
Matshona v The State (509/2007) [2008] ZASCA 58
(28 May 2008)
Appeal to Supreme Court of Appeal against the refusal in a high
court of a petition seeking leave to appeal against a sentence
imposed in a regional court – leave to appeal to the high court
should have been granted – merits of the appeal against
sentence to be determined by the high court. |
07 May '08 |
28 May '08 |
|
|
119/07 |
Brown v Mbhense
(119/07) [2008] ZASCA 57 (28 May 2008)
Land Reform (Labour Tenants) Act 3 of 1996 – action in terms
of s 33(2A) – definition of ‘labour tenant’ – requirements for
proof of |
10 Mar '08 |
28 May '08 |
|
|
389/07 |
Chairman, State Tender Board v
Supersonic Tours (Pty) Ltd (389/07) [2008] ZASCA 56 (27 May 2008)
State tenders ─ disqualification of tenderer by State Tender Board from tendering
for future State contracts─ when competent ─ interpretation of regulations made under the
State Tender Board Act, 68 of 1968 and the Preferential Procurement Policy Framework Act, 5
of 2000 ─ Procedural fairness as required by the Promotion of Administrative Justice Act
(PAJA), 3 of 2000 ─ Income Tax Act, 58 of 1962 ─ possible contravention of s 4 ─ papers sent
to the Commissioner, SARS, to enable him to investigate. |
09 May '08 |
27 May '08 |
|
|
282/07 |
Ernst Bester Trust v
Commissioner South African Revenue Service (282/2007) [2008] ZASCA 55 (26
MAY 2008)
Income Tax – Act 58 of 1962 – sales of sand – capital or revenue; s
22 – trading stock deduction – when allowed – SARS practice.
|
05 May '08 |
26 May '08 |
- |
|
306/07 (Afr) |
Cillie v Geldenhuys (306/07) [2008] ZASCA 54 (22 May 2008)
Verjaring – verkrygende varjaring van landelike serwitute – die verskil tussen
positiewe en negatiewe serwitute – die omvang van serwitute en die
eienaar van die dienende eiendom se bevoegdheid om die serwituut te
affekteer – die kennisleer is nie op saaklike regte van toepassing nie.
-------------------------------------------------------------------------------
Prescription – acquisitive prescription of praedial servitudes – difference
between positive and negative servitudes – scope of servitudes and
servient owner’s power to impinge on the servitude – doctrine of notice
does not apply to real rights. |
06 May '08 |
22 May '08 |
|
|
172/07 |
Koumantarakis
v Mystic River (172/07) [2008] 53 ZASCA (14 MAY 2008)
Sale of Land - Meaning and effect of clause in an agreement of
sale in terms of which a bank guarantee must be providedwhether
the seller acted reasonably in rejecting the guarantee.
Seller not entitled to reject the guarantee and cancel the
agreement. |
14 Mar '08 |
14 May '08 |
|
|
165/07 |
Gounder v Top Spec Investments (Pty) Ltd (165/07) [2008] ZASCA
52 (8 May 2008)
Husband and Wife – marriage in community of property – whether loan
agreement entered into by one spouse without written consent of the other falls within
ambit of s 15(2)(b) of Matrimonial Property Act 88 of 1984 where it incorporates agreement
to register mortgage bond over the parties’ fixed property as security for the loan. |
03 Mar '08 |
08 May '08 |
- |
|
379/07 |
Mthembu v The State
(64/2007) [2008] ZASCA 51 (10 April 2008)
The evidence of an accomplice extracted through torture, (including real
evidence derived from it), is inadmissible, even where the accomplice testifies
years after the torture. |
19 Feb '08 |
10 Apr '08 |
|
|
494/07 |
Maneli v The State (494/07) [2008] ZASCA 50 (1 April 2008)
Robbery – duplication of convictions.
|
03 Mar '08 |
01 Apr '08 |
- |
|
241/2007 |
Graham Dick v Angela Dick (241/2007) [2008] ZASCA
49 (31 March 2008)
Final interdict – Requirements for – no injury committed or reasonably apprehended. Dispute of fact not soluble on papers. |
06 Mar '08 |
31 Mar '08 |
- |
|
584/07 |
Head of Western Cape Education Department v Governing Body of Point
High School (584/2007) [2008] ZASCA 48 (31 March 2008)
Administrative action in terms of s 6(3) of the Employment of Educators Act 76 of 1998
– review by court – failure by decision-maker to weigh competing interests – resulting decisions
unreasonable – decisions set aside – when court will give directive as to decision. |
27 Feb '08 |
31 Mar '08 |
|
|
470/2007 |
Geldenhuys v The State (470/2007)
[2008] ZASCA 47 (31 March 2008)
Sexual Offences Act 23 of 1957 – constitutional validity of ss 14(1)(b) and 14(3)(b) of
Act – distinction drawn between heterosexual and same-sex sexual activities by setting legal age
of consent at 16 and 19 years, respectively, held to be unconstitutional – severance and reading-in
so far as to make legal age of consent in respect of both heterosexual and same-sex sexual acts 16 years – qualified retrospectivity of the order of constitutional invalidity – appeal against
conviction on six counts relating to same-sex sexual acts with boy over the age of 16 years but
under the age of 19 years set aside, subject to confirmation by Constitutional Court of order of
constitutional invalidity – appeal against convictions on four counts in respect of sexual acts at times when boy in question under the age of 16 years dismissed. |
26 Feb '08 |
31 Mar '08 |
|
|
278/07 |
Northpark Trading v Ausplow (278/07) [2008] ZASCA 46
(31 March 2008)
Patent – revocation – not involving an inventive step |
14 Mar '08 |
31 Mar '08 |
- |
|
218/07 |
Alan Vermaak v The State (218/07) [2008] ZASCA 45 (31 March
2008)
Sentence – application to receive new evidence – no case made out
– no misdirection on the part of magistrate. |
03 Mar '08 |
31 Mar '08 |
- |
|
383/2006 |
Murray v Minister of Defence (383/2006) [2008] ZASCA 44
(31 March 2008)
Employment law – dismissal – constructive dismissal – member of South African National Defence Force – constitutional right to fair labour practices applicable – common law contract of employment developed to include protection against constructive dismissal – intolerable conditions, created by employer, not enough – employer must be to blame for conditions – duty of fair dealing with employee –breach of – employer refusing to return employee to former post –must inform employee fully of alternative. |
18 Feb '08 |
31 Mar '08 |
|
|
131/07 |
Minister for Justice & Constitutional Development v Moleko (131/07) [2008] ZASCA 43 (31
March 2008)
Malicious prosecution – requirements for –– act or omission
by magistrate in the exercise of his judicial functions –
section 60(11)(a) of Criminal Procedure Act 51 of 1977 –
release on warning of persons charged with Schedule 6
offences without any evidence being led. |
12 Mar '08 |
31 Mar '08 |
|
|
61/07 |
Du Preez v Zwiegers
(61/2007) [2008] ZASCA 42 (28 March 2008)
Attorney negligent in paying out money in trust account without
establishing from depositor what latter wanted done with it. |
11 Mar '08 |
28 Mar '08 |
- |
|
268/07 |
Fairoaks Investment v S Oliver (268/07) [2008] ZASCA 41 (28
March 2008)
Sale of land – agreement of sale lapsed because of non-fulfilment
of suspensive condition – agreement to revive agreement of sale
with amendments has to comply with provisions of Act 68 of 1981. |
11 Mar '08 |
28 Mar '08 |
|
|
233/07 |
Miloc Financial Solutions
(Pty) Ltd v Logistic Technologies (Pty) Ltd (233/2007) [2008] ZASCA 40 (28/03/08)
Contract - exceptio non adimpleti contractus – principle of reciprocity
– when applicable – payment, allocation of. |
22 Feb '08 |
28 Mar '08 |
|
|
168/07 |
Guardrisk Insurance
Company Ltd v Registrar of Medical Schemes (168/07) [2008] ZASCA 39 (28
MARCH 2008)
Interpretation of ‘business of a medical scheme’ in the Medical
Schemes Act 131 of 1998 and ‘accident and health policy’ in the Short Term
Insurance Act 53 of 1998 – ascertainment of whether selling certain policies
constitutes the business of a medical scheme. |
19 Feb '08 |
28 Mar '08 |
|
|
666/06 |
Taljaard v Botha Properties (666/06) [2008] ZASCA 38 (28 March
2008)
Estate Agency Affairs Act 112 of 1976 – section 34A – estate agent
not entitled to remuneration if functions performed in absence of
fidelity fund certificate – client who pays remuneration in such
circumstances not entitled to claim its return. |
17 Mar '08 |
28 Mar '08 |
|
|
655/06 |
Buckman Laboratories v Bromine Compounds (655/06) [2008]
ZASCA 37 (28 March 2008)
Patent – revocation in terms of s 61(1)(c) of Patents Act 51 of 1978
– absence of inventive step. |
25 Feb '08 |
28 Mar '08 |
|
|
83 / 07 |
Swartzberg v Law Society, Northern Provinces
(83/2007) [2008] ZASCA 36 (March 2008)
Attorney – re-admission of – s 15 (3)(a) of Attorneys Act 53 of 1979. |
21 Feb '08 |
28 Mar '08 |
|
|
164/07 |
Joint Stock v Absa Bank Ltd (164/07) [2008] ZASCA 35 (28 March 2008)
Appropriation by bank of money held in client’s account ─ account used for specific
purpose of funding the establishment of a mine and processing facilities by other parties ─ bank’s client having no legal interest in the money appropriated ─ held that appellant proved an entitlement to the money appropriated ─ bank ordered to repay the money. |
26 Feb '08 |
28 Mar '08 |
|
|
153/07 |
Madinda v Minister of
Safety and Security (153/2007) [2008] ZASCA 34 (28 March 2008)
Prescription – limitation of actions – Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 ss 3(1) and (2) – legal proceedings against SAPS – failure to give notice of intention to institute such
proceedings within 6 months of date when debt became due – application for
condonation under s 4 – ‘good cause’ and ‘absence of unreasonable prejudice’ –
additional delays unrelated to failure to give timeous notice. |
18 Mar '08 |
28 Mar '08 |
- |
|
06/2007 |
Street Pole Ads Durban v Ethekwini
Municipality (06/07) [2008] ZASCA 33 (28 March 2008)
Mandament van spolie – despoiled party seeking relief going wider
than despoiled property – respondent entitled to challenge title in
counter-application – Contract law – contract not permitting party to‘subcontract any of its obligations’ – meaning of ‘subcontract’.
|
04 Mar '08 |
28 Mar '08 |
|
|
137/07 |
M Abrahams v Springbok Atlas (137/2007) [2008] ZASCA 32
(28 March 2008)
Claim for personal injury – negligence – fittings in bus – absolution from
the instance. |
21 Feb '08 |
28 Mar '08 |
|
|
91/07 |
Casino Enterprises (Pty) Ltd
(Swaziland) v The Gauteng Gambling Board International (91/07) [2008] ZASCA 31
(28 March 2008)
Exception to claim – excipient not accepting plaintiff’s facts but
advancing contradictory facts on which to base averment of absence of crucial
allegation in claim. |
07 Mar '08 |
28 Mar '08 |
- |
|
469/2007 |
Ntaka v The
State (469/2007) [2008] ZASCA 30 (28 March 2008)
Sentence – appeal against effective sentence of six years’ imprisonment
imposed on 17 year-old boy on conviction of rape of fellow pupil – correctional
supervision not appropriate in the circumstances – majority finding custodial sentence
under s 276(1)(i) of Act 51 of 1977 appropriate – appeal allowed – order in para [46]. |
19 Feb '08 |
28 Mar '08 |
|
|
385/07 |
Firstrand Bank v National Lotteries Board (385/07) [2008]
ZASCA 29 (28 March 2008)
Lotteries Act 57 of 1997 – lottery – bank deposit conferring chance to
win a prize – whether a prohibited lottery. |
29 Feb '08 |
28 Mar '08 |
|
|
133/07 |
Seale v Van Rooyen NO (133/07) [2008]
ZASCA 28 (27March 2008)
Administrative Actions : where an initial act is set aside on review
subsequent acts, which depend on the initial act for their validity, are of no force or effect.The analysis of Forsyth as adopted in Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA
222 (SCA) applies to the validity of acts consequent upon the initial act only for so long as the
validity of the initial act has not been set aside on review; and the analysis does not deal with
whether the initial act should be set aside.
|
05 Mar '08 |
27 Mar '08 |
|
|
250/07 |
Transnet Ltd v The MV Snow Crystal (250/07) [2008] ZASCA 27 (27 March 2008)
Use of dry dock – does dock master contract or perform administrative function? – mora ex re – supervening impossibility – damages – general or special. |
03 Mar '08 |
27 Mar '08 |
|
|
39/07 |
Transnet Ltd v Maela (39/07) [2008] ZASCA 26 (27 March 2008)
Two mutually destructive versions - probabilities favouring version of the
appellant’s witness. |
22 Feb '08 |
27 Mar '08 |
|
|
54/2007 |
Preddy v Health Professions Council of SA
(54/2007) [2008] ZASCA 25 (31 March 2008)
Health Professions Act 56 of 1974 – ss 42 and 43 - medical
practitioners guilty of unprofessional conduct – Penalties
imposed by Professional Committee of Enquiry suspended
on certain conditions – whether such conditions competent.
Interpretation and application of section 42(1) and 43(1)(b)
of the Act – intention to empower sentencing authority to
select one or more of the penalties – substitution of ‘and’
for ‘or’ not to be lightly resorted to. |
12 Mar '08 |
31 Mar '08 |
|
|
621/06 |
Fraser v Viljoen (621/2006) [2008] ZASCA 24 (27 March 2008)
Sale of immovable property – authorising other party to
insert material terms after delivery of uncompleted document
– non-compliance with s 2(1) of Alienation of Land Act 68 of
1981 |
07 Mar '08 |
27 Mar '08 |
|
|
117/07 |
Bisnath v Absa Bank Ltd (117/07 and
674/07) [2008] ZASCA 23 (27 March 2008)
Mortgage and pledge: The obligations owed by a pledgee to the pledgor at common
law in regard to fruits of the property pledged, are owed by a mortgagee of immovable
property to the mortgagor only where the mortgagee is in possession of the mortgaged
property |
13 Mar '08 |
27 Mar '08 |
|
|
149/07 |
Mercurius Motors v Lopez (149/2007) [2008] ZASCA 22 (27 March
2008)
Loss of vehicle delivered to service depot ─ failure to safeguard keys ─ reliance on exemption clause ─ held that clause not part of contract of deposit ─ the service depot held liable. |
07 Mar '08 |
27 Mar '08 |
|
|
222/07 |
United Enterprises
Corporation v STX Pan Ocean Company Ltd (222/07) [2008]
ZASCA 21 (27/03/08)
Shipping – application to set aside arrest – exceptio rei judicatae not
available where previous arrest set aside because prima facie case not established – application for countersecurity – applicant must show genuine and reasonable need for
security. |
26 Feb '08 |
27 Mar '08 |
|
|
64/07 |
Macru Farming CC v Standard Bank of
South Africa Ltd (64/2007) [2008] ZASCA 20 (27 March 2008)
Appeal against the grant of a final winding-up order – whether High Court had failed
to investigate the surrounding circumstances that applicant had been improperly induced to institute
winding-up proceedings. Held that the facts showed no such inducement. Appeal dismissed. |
11 Mar '08 |
27 Mar '08 |
|
|
21/07 |
CSARS v Saleem (21/2007) [2008] ZASCA 19 (27 March 2008)
Revenue – customs and excise – duty of officer when
seizing goods in terms of s 88(1)(c) of Customs and Excise
Act 91 of 1964 – when justified in absence of books of
account and supporting documents. |
12 Mar '08 |
27 Mar '08 |
|
|
293/07 |
Road Accident Fund v Abdool-Carrim (293/2007) [2008] ZASCA 18 (27 March 2008)
Section 19(d) of the Road Accident Fund Act 56 of 1996 is applicable only to agreements made by third parties, not to those by suppliers. |
04 Mar '08 |
27 Mar '08 |
|
|
236/2007 |
Raliphaswa v
Mugivhi (236/2007) [2008] ZASCA 17 (27 March 2008)
Damages for iniuria ─ defamation and unauthorised, invasive search during which appellant was indecently assaulted ─ when adverse inference for failure to call witness not justified. |
12 Mar '08 |
27 Mar '08 |
|
|
231/07 |
De Villiers v McKay NO
(231/07) [2008] ZASCA 16 (27 March 2008)
Contract: ‘entire agreement’ clause; provisions of another contract must be left out of account because even if factually relevant this are not
legally relevant. |
10 Mar '08 |
27 Mar '08 |
|
|
160/07 |
National Director of Public
Prosecutions v Geyser (160/2007) [2008] ZASCA 15 (25 March 2008)
Immovable property an instrumentality of the offence of keeping a
brothel in contravention of the Sexual Offences Act 23 of 1957 – property bought
and renovated for sole purpose of that offence – forfeiture under the Prevention of
Organised Crime Act 121 of 1998 not disproportionate to the Act’s remedial
purpose to inhibit crime undertaken as a business. |
15 Feb '08 |
25 Mar '08 |
- |
|
32/07 |
Carolus v The State (32/07)
[2008] ZASCA 14 (20 MARCH 2008)
Indecent assault – appellant raising alibi defence – Held complainant had
positively identified the crime scene and the appellant as the perpetrator of the offence
and consequently that the appellant was guilty of indecent assault – sentence of 8 years’
imprisonment appropriate. |
18 Feb '08 |
20 Mar '08 |
|
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440/07 * |
Crossberg v S (440/2007) [2008] ZASCA 13 (20 March 2008)
Disregarding the impact of at least 13 missing statements made by
witnesses to the police, evidence not supporting conviction of murder ─ police and
State’s duty to make full disclosure discussed ─ conviction of murder substituted with
conviction of culpable homicide ─ sentence ─ factors to be considered discussed. |
21 Nov '07 |
20 Mar '08 |
- |
|
547/07 |
Griebenow v S (547/2007) [2008] ZASCA 12 (20 March 2008)
Private defence ─ appellant claiming he shot and killed deceased in
defence of life and limb ─ held that there had been no such threat and that appellant’s
actions were unlawful and consequently that he was guilty of murder ─ sentence of 12
years’ imprisonment appropriate. |
18 Feb '08 |
20 Mar '08 |
- |
|
274/07 |
Nedcor Bank Ltd v
SDR Investment Holdings Co (Pty) Ltd 274/07) [2008] ZASCA
11 (20 March 2008)
Implied and tacit terms not to be imported into agreement when
in conflict with valid, express provisions.
|
28 Feb '08 |
20 Mar '08 |
|
|
159/2007 |
Antoy Investments v Rand Water Board (159/2007) [2008]
ZASCA10 (20 March 2008)
Review – when matter to be remitted in successful review –
decision made by CEO instead of decision making body. |
25 Feb '08 |
20 Mar '08 |
- |
|
343/07 |
Thembalethu Sam v The State (343/2007) [2008]
ZASCA 9 (20 March 2008)
Accused charged with unlawful possession of a firearm in
contravention of s 2 of Act 75 of 1969 - Section 51(2) of the Criminal Law Amendment
Act 105 of 1997 read with Part II of Schedule 2 is applicable to the unlawful possession
of a semi-automatic pistol – The Act does not create new ffences but defines a form
of specified offences to which enhanced penalty jurisdiction applies. |
01 Nov '07 |
20 Mar '08 |
|
|
508/2007 |
JG Swanepoel v The State (508/07) [2008] ZASCA
8 (18 March 2008)
Appellant employer alleged to have assaulted and insulted
employee following disciplinary inquiry – Appellant failing to
appear in court on time due to misunderstanding between his
attorney and public prosecutor – whether charges of assault,
crimen injuria and contempt of court proved against appellant. |
15 Feb '08 |
18 Mar '08 |
|
|
454/2007 |
MM Mlimo v The State (454/07) [2008] ZASCA 7
(18 March 2008)
Appellant indicted in the High Court for murder and attempted
murder of husband and wife arising out of a shooting incident -
Whether judge’s conduct during trial rendered it unfair.
Expert witness – whether trial court was entitled to accept the
evidence of a witness who had not completed a diploma in ballistics
as expert evidence – whether the witness’s experience in the said
field was sufficient. |
15 Feb '08 |
18 Mar '08 |
|
|
66/2007 |
Wightman v Headfour
(Pty) Ltd (66/2007) [2008] ZASCA 6 (10 March 2008)
Practice – application – dispute of fact – real, genuine or bona fide –
what constitutes.
Possession – spoliation – builder making duplicate keys available to owner for
limited purpose – whether possession ipso facto lost – owner using keys to place
other contractors in occupation – possession taken against consent of builder
and illicitly. |
27 Feb '08 |
10 Mar '08 |
- |
|
257/2007 |
Van Bosch v Charles (257/2007) [2008] ZASCA 5 (7 March 2008)
Magistrate’s Court Practice – Civil Proceedings – Exception to plea on
ground that it discloses no defence dismissed. |
15 Feb '08 |
07 Mar '08 |
- |
|
11/07 |
Zietsman v Electronic Media Network (11/07) [2008] ZASCA 4 (7
March 2008)
Security for costs – s 17(2) of Patents Act 57 of 1978 – ‘any party’
includes incola plaintiff – agreement to provide security – relevant
factors.
|
18 Feb '08 |
07 Mar '08 |
|
|
105/2007 |
Nonkwali v Road
Accident Fund (105/2007) [2008] ZASCA 3 (06 March 2008)
Claim in terms of s 17 of the Road Accident Fund Act 56 of 1996 – no
new claim form required in terms of s 24 in respect of additional injury discovered after
institution of action – claim in respect of subsequently discovered injury not introducing
new cause of action. |
21 Feb '08 |
06 Mar '08 |
|
|
688/06 |
Swart v Van Rensburg (688/2006) [2008] ZASCA 2 (29
Februarie 2008)
Sale of immovable property – defences of common
assumption, conventional penalty and repudiation
dismissed. |
19 Nov '07 |
29 Feb '08 |
- |
|
634/06 |
Linvestment CC v Hammersley (634/2006) [2008] ZASCA 1 (28 February 2008)
Land – servitudes – right of way – defined and registered –
relocation at instance of owner of servient tenement – when allowed.
Constitutional law – s 173 – development of the common law – when
appropriate. |
21 Nov '07 |
28 Feb '08 |
- |
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