Bargaining Council established under Labour Relations Act 66 of 1995 – decisions relating to procurement of services – whether subject to judicial review under the Promotion of Administrative Justice Act 3 of 2000 – whether decisions in conflict with that Act.

Oral agreement – whether established – whether damages sustained in consequence of breach

Sale – of land – suspensive condition in written agreement providing that either party entitled to resile from it if suspensive condition not fulfilled – whether exercise of right to resile almost 14 months after lapsing of period for fulfilment of condition unreasonable – whether delay of almost 14 months before exercising right to resile from agreement justifies inference that party resiling had already decided not to resile.

Criminal law – conspiracy to commit murder – what constitutes. Evidence – admissibility of hearsay evidence in terms of s 3(1)(c) of Law of Evidence Amendment Act 45 of 1988: right to challenge evidence – integral to constitutional guarantee of fair trial; cautionary rule towards evidence of accomplice – applicability of.

Civil procedure – referral to trial – dispute about agreement – applicant naming agreement partnership – relief not available if agreement partnership – true nature of agreement prima facie joint venture

Marine Insurance: parties cannot exclude mandatory provisions of South African statute by choice of other legal system: validity of policy affected by non-disclosure, misrepresentation or illegality determined by reference to ss 53 and 54 of Short-Term Insurance Act 53 of 1998: vessel sinking as a result of latent defect in hull: Lloyds held liable. Second and third appellants, joined as defendants, not liable: entitled to full costs of trial.

Joinder or substitution by way of notice of amendment not served on the intended defendant - inappropriate procedure - high court overlooking fundamental principle that an intended defendant or respondent be informed of an action or any other court proceedings against him or her

Murder charge - State’s case built on circumstantial evidence - items on circumstantial evidence to be viewed cumulatively - evidence as a whole must prove accused’s guilt beyond reasonable doubt.

Whether the description of the immovable property was sufficient and adequate in terms of S 2(1) of the Alienation of Land Act 68 of 1981 - Practice - whether this court can exercise its discretion to refer the question of a dispute of fact back for the hearing of evidence when such point was not canvassed or considered by the court a quo, nor was it raised by the legal representatives.

Delict – negligence – claim for damages for negligent misrepresentation – claim upheld.

Criminal law – rape and attempted rape - evidence – assessment of – complainant’s evidence lacking credibility - convictions of rape and attempted rape set aside.

Criminal procedure – sentence – rape and indecent assault – young children – influence on sentence of low intelligence and lack of insight of accused.

Robbery with aggravating circumstances - State relying on dock identification of appellant - facial comparison made by expert from photograph taken ex post facto and video footage of the bank recorded during the robbery. Identification of the appellant as one of the robbers sufficiently established. Appeal dismissed and conviction and sentence of twenty years imprisonment confirmed.

Criminal law – Corporate accused – whether the conviction of the corporate accused based on the conduct of employees other than those expressly mentioned in the charge-sheet is correct – whether the State has proved beyond reasonable doubt that the appellant lacked reasonable cause for the belief as required by s 37(1)(b) of the General Law Amendment Act 62 of 1955 – whether evidential burden of raising a reasonable doubt in relation to reasonable cause discharged by accused.

Appeal by the State in terms of s 310 of the Criminal Procedure Act 51 of 1977 against the appellant’s acquittal on 197 counts of fraud – Whether the magistrate’s finding that misrepresentations made by the appellant to the Legal Aid Board were not made intentionally but rather negligently was a finding of fact or of law – Whether as a result of this the State had a right to appeal in terms of the above section.

Revenue – Customs and Excise – tariff determination - video monitors (screens) and tuners separately imported - whether screens incomplete reception apparatus for television in terms of General Rules for Interpretation, Rule 2(a) - whether separate importation a scheme to defeat payment of legitimate duties.

Section 25(13) Sectional Titles Act 95 of 1986 – changed circumstances – content of real right of extension reserved – standing of owner of section to apply for demolition of wall on common property

Pension Funds Act 24 of 1956 – Application to set aside determination by the pension funds adjudicator – six weeks period provided for in section 30 P(1) of the Act – Long delay and part implementation of the adjudicator’s determination by Samancor Chrome. Doctrine of peremption - Samancor Chrome not allowed to challenge adjudicator’s determination.

Breach of promise to marry – causes of action – compatibility with present-day public policy discussed – wrongfulness – damages

Banker and client – closing of account by bank – when justified – exercise of a contractual right, which does not involve any public policy considerations or constitutional values, does not have to be ‘fair’.

Servitude of right of way – whether such a ‘public street’, as contemplated in s 1 of Ordinance 25 of 1974 (Natal).

Diamonds Act 56 of 1986 – convictions of dealing in unpolished diamonds. Prevention of Organised Crime Act 121 of 1998 (POCA) – pattern of racketeering – requires proof of a fact which a conviction of the Diamonds Act does not – no improper splitting of charges. Evidence – admissibility of seized items pursuant to an admittedly defective warrant – s 35(5) of the Constitution does not provide for an automatic exclusion of evidence obtained in violation of an accused’s rights – fairness requires that a balance be struck – accomplices – exercise of caution must not be allowed to displace common sense – circumstantial evidence - not to be approached piece-meal. Sentence – grossly divergent sentences between the two appellants – disturbingly inappropriate – warranting appellate interference.

A credit provider need not comply with the procedure provided for in s 129(1)(a) of the National Credit Act 34 of 2005 before instituting sequestration proceedings against a debtor because such proceedings are not proceedings to enforce a credit agreement.

Criminal appeal: Evidence: application to adduce new evidence not available when appellant sentenced: approach of appeal court.

Appellant identified as the driver of a getaway vehicle during a robbery - raising alibi defence - alleging that he was hijacked shortly before the robbery while driving the same vehicle - question on appeal - whether there is a reasonable possibility of his version being true.

Conviction on rape – identification evidence credible and reliable – approach to be adopted where oral evidence is at variance with statement restated – cautionary approach to single witness – sentence – 18 years' imprisonment not excessive.

Two linked appeals - nature of rights derived from restrictive conditions in title deed stated to be subject to alteration discussed - zoning regulations and town planning schemes not overriding restrictive conditions - the Removal of Restrictions Act 84 of 1967 not applicable - power of Member of the Executive Council of the Eastern Cape Province to alter or amend restrictive conditions - delegation not properly proved - decision made without reference to written objections in any event liable to be set aside - power of court of the same division and of equal jurisdiction to set aside or otherwise interfere with order intended to be final in effect 2 discussed - held that in the prevailing circumstances the court had no such power either by way of inherent jurisdiction or in terms of the Uniform rules of court - held that justice required the prior order to be executed.

Application for leave to adduce further evidence – requirements restated – whether lessee entitled to rely on enrichment lien for expenses in respect of necessary and useful improvements.

Contract – whether an oral agreement subsequently entered into by the parties introduces a variation or waiver of the original written agreement – Practice – motions – whether genuine dispute of facts exists – whether the appellant is entitled to invoke a right of lien.

Appeal struck from roll; discrete order, even if final in effect, should not be appealed against where balance of convenience requires that all issues in dispute be determined in one hearing.