Qhinga v State 1327 2016 2017 ZASCA 149 15 November 2017
Judges:LEACH, SERITI, SALDULKER, PLASKET, MBATHA
Case No:1327/2016
Judgement Date:2017-11-15
Keywords:Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-out – such evidence either not led or, if led, lost and not capable of being reconstructed – no admissible evidence implicating appellant in commission of offences – convictions and sentences set aside.
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Merchant Commercial Finance Pty Ltd v Katana Foods CC 1238 2016 2017 ZASCA 191 20 December 2017
Judges:LEACH, TSHIQI, SWAIN, MAKGOKA, PLOOS VAN AMSTEL
Case No:1238/2016
Judgement Date:2017-12-20
Keywords:Fraudulent scheme causing a factoring business to make payments by factoring fictitious sales – respondent’s director falsely verifying in a series of transactions that goods had been sold and delivered to respondent – in last three transactions such verification not made before payments made – prior conduct having lulled appellant into making such payments – causation proved in regard to loss suffered by reason of last payments.
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Volkswagen South Africa Pty Ltd v Commissioner for SARS 1123 2016 2017 ZASCA 190 20 December 2017
Judges:LEACH, PETSE, SALDULKER, PLASKET, MEYER
Case No:1123/2016
Judgement Date:2017-12-20
Keywords:Income tax – rebate paid to motor manufacturers to encourage rationalisation of models – rebate dependent upon capital investment made by manufacturers in order to rationalise – rebate of a capital nature and not taxable.
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Cochrane Steel Products Pty Ltd v M-Systems Group 1272 2016 2017 ZASCA 189 13 December 2017
Judges:NAVSA, PONNAN, BOSIELO, TSOKA, SCHIPPERS
Case No:1272/2016
Judgement Date:2017-12-13
Keywords:Disclaimer and admission in relation to the trade mark ‘CLEARVU’ – registration of mark giving no right to the exclusive use of the words ‘clear’ and view’ separately and apart from the mark – admission that the registration of this mark shall not debar others from the bona fide descriptive use in the course of trade of the words ‘clear view’ and ‘view’.
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RAF amp others v Gouws amp another 056 2017 2017 ZASCA 188 13 December 2017
Judges:NAVSA, SALDULKER, MOCUMIE, TSOKA, MAKGOKA
Case No:56/2017
Judgement Date:2017-12-13
Keywords:Interpretation and application of Road Accident Fund Act 56 of 1996 and Regulations thereunder – primary purpose of Appeal Tribunal is to determine a dispute concerning seriousness of injury – Appeal Tribunal does not have final say on question of link between the driving of a motor vehicle and the injuries allegedly sustained – causation to be determined by court.
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Head of Department Western Cape Education Department amp another v S Women rsquo s Legal Centre as Amicus Curiae 1209 2016 2017 ZASCA 187 13 December 2017
Judges:NAVSA, TSHIQI, SERITI, SALDULKER, MAKGOKA
Case No:1209/2016
Judgement Date:2017-12-13
Keywords:Interpretation and application of s 40(1) of the South African Schools Act 84 of 1996 – subsection provides for joint and several liability – fee-exemption applications can, however, be processed in terms of the Act and the Regulations to enable single parents separated from their partners or divorced from a spouse to have their applications assessed in relation to their own personal circumstances and not on combined income.
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The Minister of Home Affairs v Ruta 30 2017 2017 ZASCA 186 13 December 2017
Judges:BOSIELO, SERITI, WILLIS, MOCUMIE, SCHIPPERS
Case No:30/2017
Judgement Date:2017-12-13
Keywords:Refugees Act 130 of 1998 – ss 21 and 22 – contravention of ss 9 and 49(i) of the Immigration Act 13 of 2002 – respondent found in possession of fraudulent asylum seeker permit and failure on his part to apply for asylum without delay – respondent not entitled to rely on protection afforded by Refugees Act – appeal upheld - appellant entitled to deal with respondent in terms of the provisions of ss 32 and 34 of the Immigration Act.
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Cradle City v Lindley Farm 1212 2016 2017 ZASCA 185 06 December 2017
Judges:NAVSA, TSHIQI, PETSE, TSOKA, MBATHA
Case No:1212/2016
Judgement Date:2017-12-06
Keywords:Interpretation – Sale Agreement – Indemnity and Undertaking – respondent to provide vacant occupation – reciprocity principle applicable – the obligations interlinked – remedy – judgment suspended until vacant occupation is given – counterclaim – absolution from the instance.
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The Chemical Industries National Provident Fund v Tristar Investments 960 2016 2017 ZASCA 184 6 December 2017
Judges:CACHALIA, BOSIELO, TSHIQI, MATHOPO, MAKGOKA
Case No:960/2016
Judgement Date:2017-12-06
Keywords:Validity of an investment consulting agreement – whether the signatories who signed the agreement on behalf of the appellant had authority – whether the agreement was ultra vires the rules of the appellant.

Calculation of income for the unexpired period of an unlawfully terminated agreement- such task inherently speculative – court obliged to make an award if there is credible evidence.
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De Beer v The State 1210 2016 ZASCA 183 5 December 2017
Judges:CACHALIA, BOSIELO, TSOKA, PLOOS VAN AMSTEL, ROGERS
Case No:1210/2016
Judgement Date:2017-12-05
Keywords:Criminal Law and Procedure: appeal to high court against conviction of rape: after notice to appellant sentence increased to life imprisonment: court entitled to increase sentence in terms of s309 (3) of the Criminal Procedure Act 51 of 1977: sentence disproportionate: sentence of regional court reinstated.
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Bakane v The State 1180 2016 2017 ZASCA 182 5 December 2017
Judges:TSHIQI, MAJIEDT, PETSE, MOCUMIE, MAKGOKA
Case No:1180/2016
Judgement Date:2017-12-05
Keywords:Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside.
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Msimango v The State 698 2017 2017 ZASCA 181 01 December 2017
Judges:CACHALIA, BOSIELO, TSOKA, PLOOS VAM AMSTEL, ROGERS
Case No:698/2017
Judgement Date:2017-12-01
Keywords:Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Act 105 of 1997 and two counts of attempted murder based on common purpose. No allegations of common purpose in the charge sheet.
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Esquire Consulting and Marketing CC v Sea Glades Holdings Pty Ltd 1315 2016 2017 ZASCA 167 30 November 2017
Judges:PONNAN, BOSIELO, LEACH, MATHOPO, PLOOS VAN AMSTEL
Case No:1315/2016
Judgement Date:2017-11-30
Keywords:Simultaneous applications for rezoning and subdivision of land brought under the Land Use Planning Ordinance 15 of 1985, Cape (LUPO): subdivision granted but rezoning of certain erven to business deferred for further information: later application brought for rezoning of those erven to business: this construed as part of original application that had been deferred: two year utilisation period envisaged in s 16(2)(a) of LUPO therefore not applicable: property in any event utilized for business purposes as envisaged by LUPO within that period: claim for an interdict based on allegation that property’s use for business purposes was illegal accordingly dismissed.
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Roazar CC v The Falls Supermarket 232 2017 2017 ZASCA 166 29 November 2017
Judges:TSHIQI, MAJIEDT, PLASKET, MOKGHOLOA, MBATHA
Case No:232/2017
Judgement Date:2017-11-29
Keywords:Contract – whether contract can be terminated without entering into negotiations – duty to negotiate in good faith – appellant not obliged to renew lease agreement – application for eviction upheld – not competent for court to import term not intended by parties simply on the basis of ubuntu.
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Pan African Mineral Development Company Pty Ltd amp others v Aquila Steel S Africa Pty Ltd 179 2017 2017 ZASCA 165 29 November 2017
Judges:PONNAN, BOSIELO, WILLIS, MATHOPO, TSOKA
Case No:179/2017
Judgement Date:2017-11-29
Keywords:Mineral and Petroleum Resources Development Act 28 of 2002 – s16 read with Item 8 of Schedule 2 – Department of Mineral Resources granting rights to two different entities in respect of same land and minerals – once the holder of an unused old order right submits an application within the one year exclusivity period, both the unused old order right and the exclusivity which it confers remain extant until the application is either granted and dealt with in terms of s 17 or refused - where the application is made but neither granted nor refused the unused old order right and its exclusivity period endure – that precludes the acceptance and processing of the later application.
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C Septoo obo J M Septoo amp another v The Road Accident Fund 058 2017 2017 ZASCA 164 29 November 2017
Judges:TSHIQI, MAJIEDT, MOCUMIE, MBATHA, ROGERS
Case No:058/2017
Judgement Date:2017-11-29
Keywords:Delict – action for damages – loss of support – dependant's action – breadwinner died as a result of own negligence – single vehicle accident – wrongfulness not established against the Road Accident Fund – appeal dismissed.
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Minister of Rural Development and Land Reform v Normandien Farms amp others Mathimbane amp others v Normandien Farms Cases 512 2016 amp 370 2017 2017 ZASCA 163 29 November 2017
Judges:LEACH, SALDULKER, SWAIN, LAMONT, ROGERS
Case No:512/2016
Judgement Date:2017-11-29
Keywords:Civil procedure – application for condonation and reinstatement by appellants in Case 370/2017 (‘occupants’) granted in interests of justice despite egregious non-compliance with rules relating to heads of argument.
Contempt of court – occupants failed to establish beyond reasonable doubt that respondent (‘Normandien’) in contempt of appellate process – contempt application, including related postponement application, dismissed.
Land reform – whether Minister has power under Land Reform: Provision of Land and Assistance Act 126 of 1993 to make land available solely for purposes of grazing – court a quo erred in compelling Minister to exercise permissive powers in favour of occupants – Minister’s appeal succeeds.
Environmental law – Normandien had standing to seek removal of occupants’ livestock on land overgrazed in violation of Conservation of Agricultural Resources Act 43 of 1983 (CARA) – labour tenants not exempt from CARA – removal of animals in terms of CARA not an eviction for purposes of Land Reform (Labour Tenants) Act 3 of 1996 – occupants’ appeal dismissed.
Costs – Biowatch principle applicable to costs in court a quo and on appeal as between Minister and Normandien, ie parties to bear their own costs.
Costs – no grounds for interfering in court a quo order that occupants pay Normandien’s costs on punitive scale.
Costs – occupants’ application for condonation and reinstatement necessitated by joint failings by attorneys and counsel – contempt and postponement application an abuse having no substantive merit – attorneys ordered personally to pay Normandien’s costs of opposing said applications on attorney/client scale – attorneys and counsel precluded from recovering fees from occupants in respect of these applications.
Appeals – practice – papers in opposed interlocutory applications to be indexed and paginated.
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Mathibela v The State 714 2017 2017 ZASCA 162 27 November 2017
Judges:SHONGWE, TSHIQI, MAJIEDT, MOCUMIE, TSOKA
Case No:714/2017
Judgement Date:2017-11-27
Keywords:Application for condonation – late filing of and reinstatement of lapsed appeal – inadequacy of explanation - delay unreasonable and would result in inordinate miscarriage of justice - no prospects of success – application dismissed.
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IEC v Cape Party 1233 17 IEC v Khai-Ma Onafhanklike Kandidate Koalisie 1268 17 2017 ZASCA 161 27 November 2017
Judges:BOSIELO, WILLIS, PLASKET, MEYER, MAKGOKA
Case No:1233/2016
Judgement Date:2017-11-27
Keywords:Application for leave to appeal to this court from Electoral Court in matters involving municipal elections - leave granted - objections in one matter not material - in the other incorrect conclusions of fact - appeals upheld - Electoral Commission decisions confirmed.
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HMI Healthcare Corporation Pty Limited v Medshield Medical Scheme amp others 1213 2016 2017 ZASCA 160 24 November 2017
Judges:PONNAN, PETSE, TSOKA, LAMONT, MBATHA
Case No:1213/2016
Judgement Date:2017-11-24
Keywords:Application for rescission – whether applicant an affected party as contemplated in Rule 42(1)(a) of the Uniform Rules of Court – whether rescission appealable.
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Director of Public Prosecutions Limpopo v Mokgotho 068 2017 2017 ZASCA 159 24 November 2017
Judges:TSHIQI, MAJIEDT, PETSE, MOCUMIE, MAKGOKA
Case No:068/2017
Judgement Date:2017-11-24
Keywords:Criminal law and procedure: Criminal Procedure Act 51 of 1977, s 319: application for leave to appeal by State on question of law: acquittal of accused: trial court finding that State failed to prove guilt of accused beyond reasonable doubt: such finding a result of the trial court applying a wrong test in evaluating evidence: such error constituting a question of law.
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The Director of Public Prosecutions Gauteng v Oscar Leonard Carl Pistorius 950 2016 2017 ZASCA 158 24 November 2017
Judges:BOSIELO, SERITI, LAMONT, MEYER, MOKGOHLOA
Case No:950/2016
Judgement Date:2017-11-24
Keywords:Criminal law and procedure – murder – appeal against sentence arising from conviction of murder dolus eventualis – sentence of six years' imprisonment inappropriate – Increased to 13 years and 5 months' imprisonment on appeal.
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Minister of Defence v Mamasedi 622 2017 2017 ZASCA 157 24 November 2017
Judges:PONNAN, MAJIEDT, PLASKET, MBATHA, SCHIPPERS
Case No:622/2017
Judgement Date:2017-11-24
Keywords:Defence Act 42 of 2002 – Section 59(3) – deemed dismissal of member after absence of 30 days – re-instatement of member on good cause shown – board of enquiry making recommendation to Chief of SANDF not to re-instate member – member not given opportunity to participate in proceedings of board of enquiry, contrary to s 102 of Act – decision of Chief of SANDF not to re-instate member correctly set aside by court below on account of procedural unfairness – order of re-instatement of member incorrectly made and set aside.
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Sayed v The State 530 2017 2017 ZASCA 156 24 November 2017
Judges:PONNAN, PETSE, WILLIS, LAMONT, SCHIPPERS
Case No:530/2017
Judgement Date:2017-11-24
Keywords:Condonation and reinstatement of lapsed appeal – explanation for delay in lodging notice of appeal and appeal record inadequate – delay extreme and explanation unacceptable – condonation refused – special plea of autrefois acquit and application to stay prosecution - no prospect of success – conduct of judicial officer - must be seen to be independent and impartial and treat persons with civility and courtesy – referred to Magistrate’s Commission.
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Road Accident Fund v Mohohlo 882 16 2017 ZASCA 155 24 November 2017
Judges:LEACH, MEYER, MOKGOHLOA, MAKGOKA, ROGERS
Case No:882/2016
Judgement Date:2017-11-24
Keywords:Delict – dependant’s action – claim by deceased’s aunt – de facto adoption – deceased owed her duty of support – claimant sufficiently indigent to enforce duty.
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Carneiro v The State 1040 2016 ZASCA 154 24 November 2017
Judges:SHONGWE, TSHIQI, MAJIEDT, MOCUMIE, TSOKA
Case No:1040/2016
Judgement Date:2017-11-24
Keywords:Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959.
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The Commissioner for SARS v Reunert Ltd 971 2016 2017 ZASCA 153 22 November 2017
Judges:CACHALIA, TSHIQI, SERITI, WILLIS, PLOOS VAN AMSTEL
Case No:971/2016
Judgement Date:2017-11-22
Keywords:Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language, context, purpose, background: whether interpretation of agreement commercially sensible: whether the manner in which parties gave effect to the agreement accorded with proper interpretation.
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Red Coral Investments Pty Ltd v Cape Peninsula University of Technology 498 17 2017 ZASCA 152 22 November 2017
Judges:NAJIEDT, WILLIS, SALDULKER, MOCUMIE, SCHIPPERS
Case No:498/2017
Judgement Date:2017-11-22
Keywords:Condonation application – pleadings – exception – National Student Financial Aid Scheme Act 56 of 1999 precluding oral agreement between NSFAS and service provider directly or through agent on behalf of NSFAS – exception correctly upheld by high court – no prospects of success – condonation application dismissed with costs.
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DPP v Plekenpol 333 17 2017 ZASCA 151 21 November 2017
Judges:SHONGWE, WILLIS, SWAIN, MATHOPO, SCHIPPERS
Case No:333/2017
Judgement Date:2017-11-21
Keywords:Criminal law and procedure : cross-appeal by the State : prescribed minimum sentence for robbery involving the taking of a motor vehicle not considered by the trial court or this court in the hearing of the convicted person’s appeal : s 51 (2) of the Criminal Law Amendment act 105 of 1997 : cross-appeal succeeds : prescribed minimum sentence of 15 years’ imprisonment imposed, 10 of which ordered to run concurrently with the 18 years imposed on the count of murder : effective sentence 23 years’ imprisonment.
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Umude amp others v The State 148 2017 2017 ZASCA 150 21 November 2017
Judges:PONNA, PETSE, WILLIS, LAMONT, SCHIPPERS
Case No:148/2017
Judgement Date:2017-11-21
Keywords:

Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted.

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Botha v S 901 2016 2017 ZASCA 148 8 November 2017
Judges:CACHALIA, MOKGOHLOA, GORVEN, MBATHA, ROGERS
Case No:901/2016
Judgement Date:2017-11-08
Keywords:Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict.

Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting).
Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and that deceased did not commit suicide – excluding evidence adduced pursuant to irregular reopening, such guilt established (Gorven AJA, Cachalia JA concurring, Rogers AJA dissenting)

On all the evidence, including evidence adduced pursuant to reopening, such guilt established (Mbatha AJA, Mokgohloa concurring).

Sentence – 12 years’ imprisonment strikingly inappropriate – mitigating circumstances, including prolonged abuse – appellant not a danger to society – matter remitted to trial court for reconsideration of sentence in terms of s 276(1)(h).
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Smyth v Investec Bank Ltd 674 2016 2017 ZASCA 147 26 October 2017
Judges:NAVSA, LEWIS, PETSE, MATHOPO, SCHIPPERS
Case No:674/2016
Judgement Date:2017-10-26
Keywords:Company: Shareholders: Oppression: Oppressive or Unfairly Prejudicial Conduct: Section 252 of the Companies Act 61 of 1973: party entitled to remedy under s 252: member is someone whose name has been entered in the company’s register of members as contemplated in s 105 of the Companies Act. Locus standi: Beneficial owners of shares in a company not eligible to join as co-applicants with relevant nominees holding the shares on their behalf and subject to their instructions.
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Zuma v DA 771 2016 ANDPP V DA 1170 2016 2017 ZASCA 146 13 October 2017
Judges:NAVSA, CACHALIA, BOSIELO, LEACH, TSHIQI
Case No:771/2016
Judgement Date:2017-10-13
Keywords:Decision by Acting National Director of Public Prosecutions to discontinue prosecution – whether decision wanting for invocation and reliance on inapposite provision of the Constitution– whether decision rational – manner in which NPA conducted litigation deserving of judicial censure.
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Hassim Hardware v Fab Tanks 1129 2016 2017 ZASCA 145 13 October 2017
Judges:SHONGWE, MOLEMELA, FOURIE
Case No:1129/2016
Judgement Date:2017-10-13
Keywords:Rescission of default judgment –– Uniform Rules of Court 31(2)(a) and (b) –court of appeal may only interfere if power not properly exercised – court a quo erred - bona fide defence – carries prima facie reasonable prospects of success – appeal succeeds with costs.
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Passenger Rail Agency of South Africa v Moabelo 1082 2016 2017 ZASCA 144 2 October 2017
Judges:PONNAN, LEACH, SERITI, MOKGOHLOA, MBATHA
Case No:1082/2016
Judgement Date:2017-10-02
Keywords:Law of Delict – Damages – appellant falling off the train and sustaining bodily injuries when jostled by fellow passengers – claim based on negligent omission – negligence proved – dissent – appellant injured not by train on which he had fallen off – no proof of patrimonial or legal causation of harm.

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Khumalo v Twin City Developers 328 2017 2017 ZASCA 143 2 October 2017
Judges:TSHIQI, SALDULKER, SWAIN, MATHOPO, MOLEMELA
Case No:328/2017
Judgement Date:2017-10-02
Keywords:Appeal against costs – s 16(2)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – whether there are exceptional circumstances justifying a consideration of the matter with reference to the issue of costs – whether the Land Claims Court properly exercised its discretion in relation to the award of costs – appeal dismissed with costs.
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National Director of Public Prosecutions v Kalmar Industries SA Pty Ltd 62 17 2017 ZASCA 142 2 October 2017
Judges:NAVSA, LEACH, MAJIEDT, PLOOS VAN AMSTEL, SCHIPPERS
Case No:1146/2017
Judgement Date:2017-10-02
Keywords:Forfeiture of property : Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 : whether property, a lifting platform and equipment alleged to have been stolen, susceptible to seizure : whether NDPP ought to have become involved in commercial dispute.
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Bondev Midrand Pty Ltd v Puling 802 2016 Bondev Midrand Pty Ltd v Ramokgopa 803 2016 2017 ZASCA 141 2 October 2017
Judges:LEACH, TSHIQI, SERITI, TSOKA, PLOOS VAN AMSTEL
Case No:802/803/2016
Judgement Date:2017-10-02
Keywords:Immovable property : title deed : registered condition entitling developer to have property re-transferred to it in certain circumstances : this a personal not real right, capable of prescribing.
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Road Accident Fund v Mphirime 1036 2016 2017 ZASCA 140 2 October 2017
Judges:LEACH, TSHIQI, MAJIEDT, MATHOPO, PLOOS VAN AMSTEL
Case No:1036/2016
Judgement Date:2017-11-02
Keywords:Road Accident Fund Act 56 of 1996 : undertaking to pay future services under s 17(4)(a) of that Act : undertaking may be given in respect of the cost of providing a domestic assistant.
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Mvoko v SABC 1066 2016 2017 ZASCA 139 29 September 2017
Judges:NAVSA, MATHOPO, MOKGOHLOA, TSOKA, FOURIE
Case No:1066/2016
Judgement Date:2017-09-29
Keywords:Application for leave to appeal in terms of 17(2)(d) of the Superior Courts Act 10 of 2013 granted – in relation to merits of the appeal – claim for specific performance of a written agreement between independent contractor and the South African Broadcasting Corporation (SABC) – SABC ordered to comply with written agreement – SABC has to conduct itself within constitutional parameters and within its statutory mandate – Broadcasting Act 4 of 1999.
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DPP v Heunis 196 2017 2017 ZASCA 136 29 September 2017
Judges:BOSIELO, SERITI, MOLEMELA, TSOKA, GORVEN
Case No:196/2017
Judgement Date:2017-09-29
Keywords:Criminal Law and Procedure: appeal by NDPP against conviction in terms of the Criminal Procedure Act 51 of 1977 (CPA): the respondent charged with murder read with s 51(2) of the Criminal Law Amendment Act 105 of 1997: found guilty of culpable homicide based on his statement in terms of s 115 of the CPA: reserved question of law: probative value of a statement made in terms of s 115(2)(a) of the CPA.
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Maharaj amp others v Mandag Centre of Investigative Journalism NPC amp others 844 2016 2017 ZASCA 138 29 September 2017
Judges:PONNAN, PETSE, TSOKA, MBATHA, SCHIPPERS
Case No:844/2016
Judgement Date:2017-09-29
Keywords:National Prosecuting Authority Act 32 of 1998 – whether discretion in terms of s 41(6) properly exercised by the National Director of Public Prosecutions in refusing to grant permission to publish record of investigation in terms of s 28.
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Maharaj amp others v Mandag Centre of Investigative Journalism NPC amp others 844 2016 2017 ZASCA 138 29 September 2017
Judges:PONNAN, PETSE, TSOKA, MBATHA, SCHIPPERS
Case No:844/2016
Judgement Date:2017-09-29
Keywords:National Prosecuting Authority Act 32 of 1998 – whether discretion in terms of s 41(6) properly exercised by the National Director of Public Prosecutions in refusing to grant permission to publish record of investigation in terms of s 28.
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Maqubela v The State 821 2015 2017 ZASCA 137 29 September 2017
Judges:PONNAN, LEACH, TSHIQI, SWAIN, PLOOS VAN AMSTEL
Case No:821/2015
Judgement Date:2017-09-29
Keywords:Murder – cause of death – expert medical evidence – scientific and judicial measures of proof – erroneous application of scientific measure by trial court – cause of death inconclusive – application of judicial measure – probable cause of death – natural causes – determination of guilt – evidence of guilty conduct and mendacity – unlawful killing not the only reasonable inference to be drawn.
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Loch Logan Waterfront v Bentel Associates International 147 2015 2017 ZASCA 135 29 September 2017
Judges:LEWIS, SERITI, PETSE, PLASKET, SCHIPPERS
Case No:147/2015
Judgement Date:2017-09-29
Keywords:Condonation: application for condonation for late filing of appeal record not granted. Delay excessive and inexplicable.
Cross appeal: architect’s contract with employer not varied in absence of written consent to delegation of employer’s obligations; interest on amount awarded for fees and disbursements claimed is to be calculated in terms of the Prescribed Rate of Interest Act 55 of 1975; miscalculation of amount payable by trial court corrected.
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Cipla Agrimed v Merck Sharp Dohme Corporation 972 16 2017 ZASCA 134 29 September 2017
Judges:PONNAN, CACHALIA, MATHOPO, GORVEN, ROGERS
Case No:972/2016
Judgement Date:2017-09-29
Keywords:Interlocutory interdict: whether appealable: whether final in effect: contention that patent would have run its course prior to finalisation of action for final interdict: restatement of test for appealability: order must be definitive of an issue and not susceptible of alteration by court of first instance: interdict interim in form and effect: not appealable.
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Du Preez v Pretorius 949 2016 2017 ZASCA 133 29 September 2017
Judges:LEWIS, BOSIELO, SWAIN, MOLEMELA, GORVEN
Case No:949/2016
Judgement Date:2017-09-29
Keywords:Delict: Medical negligence: pleadings: causation: pleaded causation not established: appeal dismissed.
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The Advertising Standards Authority v Herbex Pty Ltd 902 16 2017 ZASCA 132 29 September 2017
Judges:NAVSA, MATHOPO, PLASKET, ROGERS, SCHIPPERS
Case No:902/2016
Judgement Date:2017-09-29
Keywords:Jurisdiction – voluntary association – self-regulation of advertising industry – no jurisdiction over non-members – costs on appeal – discretion – agreement on substituted order.
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Kransfontein Beleggings Pty Ltd v Corlink Twenty Five Pty Ltd 624 2016 2017 ZASCA 131 29 September 2017
Judges:LEWIS, BOSIELO, SALDULKER, MOKGOHLOA, ROGERS
Case No:624/2016
Judgement Date:2017-09-29
Keywords:Application to set aside business rescue proceedings – creditors have direct and substantial interests – non-joinder of creditors is fatal to the relief sought in the application.
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Uys amp another v Msiza amp others 1222 2016 2017 ZASCA 130 29 September 2017
Judges:NAVSA, CACHALIA, SERITI, TSOKA, LAMONT
Case No:1222/2016
Judgement Date:2017-09-29
Keywords:Land – Land Reform – calculation of just and equitable compensation to owner for land awarded to labour tenant – proper evaluation of factors including market value – owner aware of labour tenant’s claim when land purchased for development – claim a pre-existing impediment affecting development potential -Pointe Gourde principle not of application.
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eThekwini Municipality v Mounthaven Pty Ltd 1068 2016 2017 ZASCA 129 29 September 2017
Judges:TSHIQI, SERITI, SALDULKER, GORVEN, PLOOS VAN AMSTEL
Case No:1068/2016
Judgement Date:2017-09-29
Keywords:Claim for re-transfer of property – a debt as contemplated in Chapter III of the Prescription Act – whether reversionary clause creates a limited real right or a personal right – right not absolute but a relative one and only enforceable against a class of individuals – prescription affects the contractual right to claim re-transfer – claim prescribed.
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Investec Bank Ltd v Erf 436 Elandspoort Pty Ltd 1029 2016 2017 ZASCA 128 29 September 2017
Judges:CACHALIA, MAJIEDT, PETSE, MOKGOHLOA, GORVEN
Case No:1029/2016
Judgement Date:2017-09-29
Keywords:Practice: Civil Procedure: extinctive prescription: claim by bank for payment of a debt arising from loan agreement: mortgage bond registered over a notarial lease: lease cancelled and thus security falling away: debt no longer secured: period of prescription running from date when amount payable under the loan became due as envisaged in s 12(1) of the Prescription Act 68 of 1969.
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Mtshali amp others v Buffalo Conservation 97 Pty Ltd 250 2017 2017 ZASCA 127 29 September 2017
Judges:CACHALIA, BOSIELO, PLASKET, LAMONT, ROGERS
Case No:250/2017
Judgement Date:2017-09-29
Keywords:Application for condonation and re-instatement of lapsed appeal – adequacy of explanation for delay – delay extreme and explanation unacceptable – application dismissed with costs.
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Scalabrini Centre Cape Town v The Minister of Home Affairs 1107 2016 2017 ZASCA 126 29 September 2017
Judges:CACHALIA, MAJIEDT, SALDULKER, LAMONT, SCHIPPERS
Case No:1107/2016
Judgement Date:2017-09-29
Keywords:Refugees Act 130 of 1998 : decision to close refugee reception office under s 8(1) : challenged for want of rationality : decision-maker not taking into account relevant considerations, not complying with the empowering provision, acting with ulterior and improper purpose and making error of law.
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Pather v Financial Services Board 866 2016 2017 ZASCA 125 28 September 2017
Judges:PONNAN, CACHALIA, TSHIQI, LAMONT, ROGERS
Case No:866/2016
Judgement Date:2017-09-28
Keywords:Securities Services Act 36 of 2004 – proceedings before enforcement committee – not in the nature of criminal proceedings – civil standard of proof applies – administrative penalties imposed by enforcement committee – not in the nature of a penal sanction.
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The Minister of Home Affairs v Ahmed 1383 2016 2017 ZASCA 123 26 September 2017
Judges:PONNAN, LEACH, MAJIEDT, PLASKET, SCHIPPERS
Case No:1383/2016
Judgement Date:2017-09-26
Keywords:Asylum seekers in terms of the Refugees Act 130 of 1998 may not, while they are in the country, apply for a visa in terms of s 10(2) of the Immigration Act 13 of 2002, read with regulation 9(2) of the Immigration Regulations.
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Long Beach Home Owners Association v Department of Agriculture Forestry and Fisheries South Africa amp another 865 2016 2017 ZASCA 122 22 September 2017
Judges:SHONGWE, SALDULKER, SWAIN, MATHOPO, SCHIPPERS
Case No:865/2016
Judgement Date:2017-09-22
Keywords:National Forests Act 84 of 1998 – ss 3(3)(a), 7(1)(a) and 7(4) – licence to carry out prohibited activities in a natural forest – meaning of ‘natural forests must not be destroyed save in exceptional circumstances’ – nature of discretion – rigid adherence to policy – improper exercise of discretion – refusal of licence – review of decision.
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Mosalasuping amp others v NC Housing amp others 903 2016 2017 ZASCA 121 22 September 2017
Judges:CACHALIA, TSHIQI, MATHOPO, MOLEMELA, MBATHA
Case No:903/2016
Judgement Date:2017-09-22
Keywords:Rescission – a court of appeal may only interfere if power not properly exercised – no bona fide defence which prima facie carries prospects of success.
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State Information Technology Agency SOC Limited v ELCB Information Services Pty Ltd amp another 995 16 2017 ZASCA 120 22 September 2017
Judges:SHONGWE, MAJIEDT, PLASKET, TSOKA, ROGERS
Case No:995/2016
Judgement Date:2017-09-22
Keywords:Arbitration Award – review – arbitrator alleged to have committed gross irregularities – s 33(1)(b) of the Arbitration Act 42 of 1965 – gross irregularities not proved – appeal dismissed.
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Heppell v The Law Society of the Northern Provinces 1096 16 2017 ZASCA 119 22 September 2017
Judges:SHONGWE, MAJIEDT, MOKGOHLOA, GORVEN, PLOOS VAN AMSTEL
Case No:1096/2016
Judgement Date:2017-09-22
Keywords:Attorney – whether fit and proper to practise notwithstanding being sequestrated – whether suspension an appropriate sanction for an attorney guilty of non-disclosure of critical information when applying for his sequestration – no sound reason to interfere with the exercise of discretion.
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Drift Supersand Pty Ltd v Mogale City Local Municipality 1185 2016 2017 ZASCA 118 22 September 2017
Judges:NAVSA, LEACH, PETSE, MOLEMELA, MOKGOHLOA
Case No:1185/2016
Judgement Date:2017-09-22
Keywords:Administrative law - Town Planning and Townships Ordinance 15 of 1986 – owner of land in close proximity to proposed township having standing as an interested person to challenge establishment of township.
Fairness of procedure to approve township – breach of legitimate expectation of a hearing by municipal tribunal – procedure inherently unfair in various respects.
Party excluded from process not obliged to pursue internal appeal against such decision before seeking to review the administrative action taken.
Procedure – striking out – court required to exercise practical, common sense and flexible approach in considering whether allegations made in reply need be struck out – cross-appeal relating to the failure to strike out an incontrovertible fact which was in any event not relied upon to decide the merits of the dispute – cross-appeal dismissed.
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Els v The State 1241 2016 2017 ZASCA 117 22 September 2017
Judges:BOSIELO, SERITI, SALDULKER, PLASKET, TSOKA
Case No:1241/2016
Judgement Date:2017-09-22
Keywords:Appeal against sentence - environmental offences - unlawful purchasing, possession and conveying of rhinoceros horns without a permit - in contravention of the Limpopo Environmental Management Act 7 of 2003 - misdirection by the trial court - appeal court entitled to interfere - four years’ imprisonment appropriate.
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Yarona Heathcare Network v Medshield 1108 2016 2017 ZASCA 116 22 September 2017
Judges:NAVSA, PETSE, MATHOPO, MBATHA, ROGERS
Case No:1108/2016
Judgement Date:2017-09-22
Keywords:Condictio indebiti: respondent’s mistakes in making payments inexcusably slack: excusability not a requirement where claimant a medical scheme: respondent proved its impoverishment: if respondent enriched by services provided by appellant, latter should have counterclaimed with condictio indebiti.
Prescription: actual or constructive knowledge necessary for prescription to start running that of board of trustees: appellant failed to prove that board had actual or constructive knowledge by relevant date.
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Odinfin Pty Ltd v Reynecke 906 2016 ZASCA 115 21 September 2017
Judges:BOSIELO, PETSE, PLASKET, TSOKA, ROGERS
Case No:906/2016
Judgement Date:2017-09-21
Keywords:Delict – Pure economic loss – Loss suffered as a result of debarment in terms of s 14 of the Financial Services Advisory and Intermediary Services Act 37 of 2002 – Whether conduct of employer in debarring employee without complying with the provisions of Promotion of Administrative Justice Act 3 of 2002 was wrongful and gave rise to damages.
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Otto v State 988 2016 2017 ZASCA 114 21 September 2017
Judges:SWAIN, PLASKET, MOLEMELA, MOKGOHLOA, MBATHA
Case No:988/2016
Judgement Date:2017-09-21
Keywords:Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack of consent and intention also proved – appeal against conviction dismissed – appeal against sentence – no misdirection on part of court below and sentence of 22 years imprisonment not shockingly inappropriate – appeal against sentence dismissed.
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Costa NO v Arvum Exports 969 2016 2017 ZASCA 113 21 September 2017
Judges:LEWIS, LEACH, SALDULKER, LAMONT. SCHIPPERS
Case No:969/2016
Judgement Date:2017-09-21
Keywords:Trust: a resolution of trustees of a family trust, that authorized one trustee to ‘sign all the documentation’, does not authorize the conclusion of two business agreements when read in context; no ostensible authority arises where an agent, and not the principal, makes a misrepresentation as to authority.
Plant breeders’ rights: rights not infringed where there is no propagation of a fruit tree varietal.
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Reclamation Property Holdings Pty Ltd v Arcelormittal South Africa Ltd 986 2016 ZASCA 112 21 September 2017
Judges:PONNAN, MATHOPO, PLASKET, PLOOS VAN AMSTEL, ROGERS
Case No:1074/2016
Judgement Date:2017-09-21
Keywords:Section 67 of the Town-Planning and Townships Ordinance 15 of 1986: prohibition of sale of erf until township is declared an approved township: definition of ‘erf’.
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Tudor Hotel Brasserie amp Bar Pty Ltd v Hencetrade 15 Pty Ltd 793 2016 2017 ZASCA 111 20 September 2017
Judges:NAVSA, LEACH, SWAIN, MOLEMELA, MBATHA
Case No:793/2016
Judgement Date:2017-09-20
Keywords:Lease – agreement to pay rental in advance without deduction – exclusion of reciprocity – landlords failure to grant full beneficial occupation of entire leased premises – tenant obliged to pay rent.
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Big Five Duty Free v ACSA 1064 2016 2017 ZASCA 110 15 September 2017
Judges:LEWIS, PONNAN, MATHOPO, LAMONT, MBATHA
Case No:1064/2016
Judgement Date:2017-09-15
Keywords:Interpretation of an agreement of settlement made an order of full court on appeal to it: agreement is binding on all the parties to the litigation, including one who has not participated but has chosen to abide the outcome of the appeal
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PepsiCo v Atlantic Industries 983 16 2017 ZASCA 109 15 September 2017
Judges:LEWIS, CACHALIA, PETSE, LAMONT, ROGERS
Case No:983/2016
Judgement Date:2017-09-15
Keywords:Trade marks: respondent’s registered marks TWIST, LEMON TWIST and DIET TWIST inherently capable of distinguishing its soft drinks: such marks not purely descriptive of products or their characteristics: appellant’s expungement application correctly dismissed.
Trade marks: appellant’s proposed marks, consisting of or incorporating the words PEPSI TWIST, likely to deceive or cause confusion by virtue of similarity to respondent’s marks: respondent’s opposition to appellant’s trade mark application correctly upheld.
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Mostert NO v The Registrar of Pension Funds 986 2016 ZASCA 108 15 September 2017
Judges:LEWIS, SALDULKER, TSOKA, GORVEN, PLOOS VAN AMSTEL
Case No:986/2016
Judgement Date:2017-09-15
Keywords:Promotion of Administrative Justice Act 3 of 2000: 180 day period in s 7(1): whether court a quo could have raised the delay mero motu: when the period commenced to run: whether there was compliance with s 7(1).
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Shawn Palmer v The State 599 2016 2017 ZASCA 107 13 September 2017
Judges:SHONGWE, SERITI, MOKGOHLOA
Case No:979/2016
Judgement Date:2017-09-13
Keywords:Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances – proper approach – to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect – sentence of life imprisonment set aside and replaced with 15 years' imprisonment.
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Rantlai v The State 1178 2016 2017 ZASCA 106 13 September 2017
Judges:BOSIELO, SERITI, SALDULKER, PLASKET, TSOKA
Case No:1178/2016
Judgement Date:2017-09-13
Keywords:Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997, as amended by the Criminal Law (Sentencing ) Amendment Act 38 of 2007 and one count of unlawful possession of a firearm and one of unlawful possession of ammunition – all three counts of robbery were taken together for purposes of sentence – the appellant was sentenced to a composite sentence of 20 years’ imprisonment – the conviction in respect of one count of robbery set aside on appeal – the original sentence not altered – whether the composite sentence imposed on appellant was appropriate.
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Van Heerden amp another v NDPP amp others 145 2017 2017 ZASCA 105 11 September 2017
Judges:NAVSA, BOSIELO, LAMONT, MOLEMELA, FOURIE
Case No:145/2017
Judgement Date:2017-09-11
Keywords:Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without reasonable delay infringed – many years of postponements and delays – material and substantial part of delays due to the State – dishonest conduct by the State – appropriate remedy for infringement of Constitutional right.
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Mogoba v The State 01219 2016 2017 ZASCA 104 06 September 2017
Judges:SHONGWE, SERITI, MOKGOHLOA
Case No:01219/2016
Judgement Date:2017-09-06
Keywords:Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed life sentence - whether misdirection by trial court and full court - no misdirection found - appeal dismissed.
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Minister of Safety and Security v Magagula 991 2016 2017 ZASCA 103 6 September 2017
Judges:LEWIS, PETSE, SWAIN, LAMONT, FOURIE
Case No:991/2016
Judgement Date:2017-09-06
Keywords:Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and detention of the respondent — whether or not the appellant’s servant had the requisite suspicion to arrest and detain the respondent — periods of detention before and after first appearance in court to be separately considered — claim for detention after first appearance neither pleaded nor established — appeal upheld.
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Mgwenya v Kruger 1060 16 2017 ZASCA102 6 September 2017
Judges:SHONGWE, BOSIELO, MAJIEDT, MOKGOHLOA, FOURIE
Case No:1060/2016
Judgement Date:2017-09-06
Keywords:Section 16(2)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – judgment or order sought on appeal would have no practical effect or result – no exceptional circumstances justifying a consideration of the matter with reference to the issue of costs – appeal dismissed.
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Karpovska v The State 1396 2016 2017 ZASCA 101 24 August 2017
Judges:BOSIELO, MAJIEDT, PETSE, SALDULKER, LAMONT
Case No:1396/2016
Judgement Date:2017-08-24
Keywords:Appeal – application for leave to appeal against convictions dismissed by regional magistrate - petition refused by the court a quo- special leave to appeal against the dismissal of petition granted to Supreme Court of Appeal – whether leave to appeal ought to have been granted by court a quo - whether there are reasonable prospects of success.
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Mathekola v State 487 2016 2017 ZASCA 100 21 August 2017
Judges:LEWIS, MATHOPO, PLASKET, TSOKA, SCHIPPERS
Case No:487/2016
Judgement Date:2017-08-21
Keywords:Section 17(2)(f) of the Superior Courts Act 10 of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant having been granted leave to appeal on petition and having succeeded in his appeal – applicant’s prospects of success on appeal strong – leave to appeal granted.
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Minister of Justice and Correctional Services v Walus 777 2016 2017 ZASCA 99 18 August 2017
Judges:MAYA, SHONGWE, MBHA, VAN DER MERWE, SCHIPPERS
Case No:777/2016
Judgement Date:2017-08-18
Keywords:Parole – application therefor brought by respondent serving sentence of life incarceration for murder in terms of s 136(1) of the Correctional Services Act 111 of 1998 – appellant’s omission to consider widow of deceased’s victim impact statement and the failure to furnish the respondent therewith constituted material procedural irregularities in terms of s 6(2) of the Promotion of Administrative Justice Act 3 of 2000 vitiating the refusal to place the respondent on parole – decision remitted for the appellant’s reconsideration.
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KLD Residential v Empire Earth Investments 1135 2016 2017 ZASCA 98 6 July 2017
Judges:LEWIS, TSHIQI, MBHA, FOURIE, SCHIPPERS
Case No:1135/2016
Judgement Date:2017-07-06
Keywords:Where an acknowledgment of indebtedness is made by a debtor to a creditor, even in without prejudice settlement negotiations, the acknowledgment may be admitted in evidence for the sole purpose of interrupting the running of the prescription period in terms of s 14 of the Prescription Act 68 of 1969.
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The NDPP v Media 24 Limited amp others and HC Van Breda v Media 24 Limited amp others 425 2017 2017 ZASCA 97 21 June 2017
Judges:PONNAN, LEACH, MBHA, ZONDI, VAN DER MERWE
Case No:425/2017
Judgement Date:2017-06-21
Keywords:Constitutional law – application by media to broadcast criminal proceedings – tension between the right to freedom of expression and the open justice principle, on the one hand and the right to a fair trial, on the other – those rights should as far as possible be harmonised with one another – court must exercise a proper discretion under s 173 of the Constitution in each case by balancing the degree of risk involved in allowing the cameras into the court room against the degree of risk that a fair trial might not ensue – courts ought not to restrict the nature and scope of the broadcast unless prejudice is demonstrable and there is a real risk that such prejudice will occur – mere conjecture or speculation that prejudice might occur ought not to be enough.
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Manyike v S 527 17 2017 ZASCA 96 15 June 2017
Judges:SHONGWE
Case No:527/2017
Judgement Date:2017-06-15
Keywords:Application in terms of s 17(2)(f) of the Superior Courts Act 10 of 2013: powers of the President of the SCA: in exceptional circumstances: to refer a decision of this court on petition for reconsideration and, if necessary, variation: exceptional circumstances not found: application refused.
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Fourie v Ronald Bobroff amp Partners Inc 653 2016 2017 ZASCA 91 7 June 2017
Judges:CACHALIA, SALDULKER, VAN DER MERWE, COPPIN, SCHIPPERS
Case No:653/2016
Judgement Date:2017-06-07
Keywords:Attorney: duty of an attorney to client: breach of mandate in respect of claim for damages for loss of earning capacity: damages not proved: absolution from the instance should have been ordered: appeal dismissed.
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Mahaeeane v Anglogold 85 2016 2017 ZASCA 090 07 June 2017
Judges:MAYA, FOURIE, MOLEMELA, GORVEN, MBATHA
Case No:85/2016
Judgement Date:2017-06-07
Keywords:Promotion of Access to Information Act 2 of 2000 : section 50 : meaning of ‘documents required’ : right relied upon to claim damages : in the context of litigation, documents must be reasonably required to formulate a claim : test not met in present matter : records requested not reasonably required to exercise or protect right relied upon.
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Goosen v The Mont Chevaux Trust 148 2015 2017 ZASCA 89 6 June 2017
Judges:SHONGWE, PONNAN, PETSE, MBHA, VAN DER MERWE
Case No:148/2015
Judgement Date:2017-06-06
Keywords:Land: eviction under Extension of Security of Tenure Act 62 of 1997: appeal against an order of the Land Claims Court confirming the eviction order of a magistrate’s court on automatic review to it: nature of automatic review by the Land Claims Court: test on appeal: eviction order correctly confirmed by the Land Claims Court: constitutional obligation on municipality to provide emergency housing upon eviction: execution of the eviction order postponed and municipality ordered to provide emergency accommodation prior to execution of the order.
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Mulaudzi v Old Mutual Life Assurance Company South Africa Limited 95 2016 2017 ZASCA 88 6 June 2017
Judges:PONNAN, CACHALIA, THERON, MATHOPO, MBATHA
Case No:95/2016
Judgement Date:2017-06-06
Keywords:First appeal – appeal lapsing on account of failure to timeously prosecute it – application for condonation. Second appeal – discharge of provisional restraint order – failure on the part of presiding judge to bring an open and impartial mind to bear – proceedings before the high court on the return day set aside – provisional restraint order revived. Both appeals – sequestration - substitution of insolvent by trustees on appeal – leave to intervene by insolvent.
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NERSA v Borbet SA Pty Ltd 2017 ZASCA 87 1288 2016 amp 1309 2016 6 June 2017
Judges:NAVSA, PONNAN, WALLIS, DAMBUZA, MBATHA
Case No:1288/2016
Judgement Date:2017-06-06
Keywords:Adjudication by the National Energy Regulator of South Africa (NERSA), a statutory regulator, of tariff adjustment application by Eskom, a licensee with a license, inter alia, to distribute as principal supplier electricity in South Africa : nature of adjudication process and decision: administrative action: subject to review in terms of the Promotion of Access to Justice Act 3 of 2000: not, as suggested by NERSA and Eskom, immune from judicial scrutiny because it involved application of policy.
Price adjustment methodology discussed, interpreted and applied: whether decision by NERSA rational and whether adjudication process and decision unfair.
Discussion of deference to specialised administrative body.
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Politis v MEC for Health Limpopo 2017 ZASCA 86 792 2016 2 June 2017
Judges:NAVSA, THERON, WALLIS, MBATHA, SHIPPERS
Case No:792/2016
Judgement Date:2017-06-02
Keywords:Delict : premature discharge by doctor of patient from hospital due to unlawful strike : patient had sustained multiple fractures and was due for orthopaedic surgery : died shortly after discharge : cause of death not determined by pathologist : no reliable expert evidence on which negligence could be attributed to the hospital : inadequate preparation of action for loss of support : no thought given to holding hospital liable on the basis of failure to have in place emergency plans to deal with strikes : organisers of strike not joined as parties to litigation : in any event primary problem of lack of evidence relating to cause of death not overcome.
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The Director of Public Prosecutions Gauteng Division Pretoria v Moabi 959 15 2017 ZASCA 85 2 June 2017
Judges:MAYA, THERON, DAMBUZA, MOLEMELA, GORVEN
Case No:959/2015
Judgement Date:2017-06-02
Keywords:Appeal in terms of s 311 of the Criminal Procedure Act 51 of 1977: s 311 provides for an appeal as of right, without leave: question of law upheld: ‘intent to do grievous bodily harm’ not an element in a rape contemplated in Part I(c) of the Criminal Law Amendment Act 105 of 1997: conviction and sentence imposed by the regional court reinstated and matter remitted to the high court for appeal to proceed on sentence.
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Van Huyssteen N O and another v Milla Investment and Holding Company 593 16 2017 ZASCA 84 2 June 2017
Judges:NAVSA, CACHALIA, MAJIEDT, SWAIN, MATHOPO
Case No:593/2016
Judgement Date:2017-06-02
Keywords:Contract: Lease: divergent factual versions on terms: doctrine of quasi-mutual assent wrongly applied by the high court: appeal upheld.
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The Director of Public Prosecutions Gauteng Division Pretoria v Portia Thulisile Tsotetsi 170 2017 2017 ZASCA 083 02 June 2017
Judges:LEACH, SALDULKER, ZONDI, MATHOPO, COPPIN
Case No:170/2017
Judgement Date:2017-06-02
Keywords:Sentence: premeditated murder: prescribed minimum sentence: in terms of the Criminal Law Amendment Act, 105 of 1997: what constitutes substantial and compelling circumstances: effect of failing to take into account certain aggravating factors: prescribed sentence not to be lightly deviated from: to be imposed if it is not disproportionate to the crime, the criminal and the needs of society.
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Director of Public Prosecutions Gauteng v Grobler 6 2017 2017 ZASCA 82 2 June 2017
Judges:LEWIS, PETSE, MATHOPO, GORVEN, MBATHA
Case No:6/2017
Judgement Date:2017-06-02
Keywords:Appeal by Director of Public Prosecutions: s 311 of the Criminal Procedure Act 51 of 1977: appeal against the decision of a Provincial or Local Division on appeal to it competent before this court only on a question of law: the High Court’s finding that a complainant below the age of 12 years acquiesced in a sexual act defined as rape and then considered this as a mitigating factor in sentencing, is a question of law: appeal upheld and matter remitted.
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Mahlangu v Mahlangu 341 2016 2017 ZASCA 81 2 June 2017
Judges:CACHALIA, MAJIEDT, PETSE, ZONDI, MATHOPO
Case No:341/2016
Judgement Date:2017-06-02
Keywords:Appeal: Power of court of appeal: Section 16(2)(a)(i) of the Superior Courts Act 10 of 2013: Appellate Court empowered to dismiss an appeal where judgment or order sought would have no practical effect or result: Discretion of court: Not an appropriate case for court to exercise its discretion in favour of determining merits of the appeal: Appeal dismissed.
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Sigcau v Minister of Cooperative Governance and Traditional Affairs 612 2016 2017 ZASCA 80 7 June 2017
Judges:SHONGWE, NAVSA, ZONDI, DAMBUZA, GORVEN
Case No:612/2016
Judgement Date:2017-06-07
Keywords:Customary law: decision of the Commission on Traditional Leadership Disputes: whether implementation of the decision in terms of s 26(2) of the Traditional Leadership and Governance Framework Act 41 of 2003 (Old Act) required prior consultation with Royal Family under s 9 of the Old Act: whether implementation of the decision required compliance with provisions of s 10(1)(c) of the Old Act: implementation of the decision of the Commission did not require consultation in terms of s 9 of the Old Act: deeming provision under s 28 of the Old Act and s 26 of the New Act did not bestow status of king where the Commission did not uphold claim to kingship: provisions of s 10(1)(c) were not applicable.
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Serengeti Rise Industries Pty Ltd amp another v Aboobaker NO amp others 845 2015 2017 ZASCA 79 2 June 2017
Judges:SHONGWE, PONNAN, DAMBUZA, COPPIN, SCHIPPERS
Case No:845/2015
Judgement Date:2017-06-02
Keywords:Administrative law: validity of a demolition order granted as just and equitable remedy: order granted pursuant to a finding that Municipality decisions approving rezoning of property and approving building plans were unlawful: order vitiated by failure to set the approval decisions aside, failure to specify portion(s) of the building to be demolished, and failure to exercise discretion in determining just and equitable remedy: court order found to lack clarity and certainty.
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DPP v Moloi 1101 2015 2017 ZASCA 78 2 June 2017
Judges:MAYA, THERON, DAMBUZA, MOLEMELA, GORVEN
Case No:1101/2015
Judgement Date:2017-06-02
Keywords:Appeal in terms of s 311 of the Criminal Procedure Act 51 of 1977: Section 311 provides for an appeal as of right, without leave: failure to have regard to all the evidence in determining the guilt or otherwise of an accused constitutes an error of law: question of law upheld: order of the high court set aside: conviction and sentence imposed by the regional court reinstated and matter remitted to the high court for the appeal to proceed on the merits.
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Home Talk Developments Pty Ltd v Ekurhuleni Metropolitan Municipality 225 2016 2017 ZASCA 77 2 June 2017
Judges:PONNAN, CACHALIA, MAJIEDT, WILLS, SCHIPPERS
Case No:225/2016
Judgement Date:2017-06-02
Keywords:Law of Delict: pure economic loss: whether Municipality liable in delict for pure economic loss arising out of the alleged failure by the Municipal Manager to issue a s 82 certificate in terms of the Town-Planning and Township Ordinance 15 of 1986.
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Mpahla v RAF 698 16 2017 ZASCA 76 1 June 2017
Judges:LEWIS, PONNAN, PETSE, MATHOPO, COPPIN
Case No:698/2016
Judgement Date:2017-06-01
Keywords:Road Accident Fund 56 of 1996 – Interpretation of regulation 3(3)(dA) of the Road Accident Fund Regulations – failure of the Fund to take a decision within prescribed period does not create a deeming provision – remedy of claimant lies in s 6(2)(g) of PAJA.
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Nkabinde v The State 115 17 2016 ZASCA 75 01 June 2017
Judges:NAVSA, THERON, MAJIEDT, FOURIE, SCHIPPERS
Case No:115/2016
Judgement Date:2017-06-01
Keywords:Criminal Law and Procedure: acting in concert with common purpose: murder and robbery with aggravating circumstances: purported special entries in terms of s 317 of the Criminal Procedure Act 51 of 1977: to be strictly complied with and resorted to only if the irregularity does not appear on the record: appeal dismissed.
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Ramoba v The State 1301 2016 ZASCA 74 1 June 2017
Judges:SHONGWE, MBHA, VAN DER MERWE, MOLEMELA, COPPIN
Case No:130/2016
Judgement Date:2017-06-01
Keywords:Criminal Law and Procedure: appeal against conviction and sentence: principles of joint possession of firearms applied: appeal against conviction for unlawful possession of firearms upheld in part: cumulative effect of sentence appropriate.
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Primat Construction v Nelson Mandela Bay Metropolitan Municipality 1075 2016 2017 ZASCA 73 1 June 2017
Judges:LEWIS, TSHIQI, SALDULKER, SWAIN, MOLEMELA
Case No:1075/2016
Judgement Date:2017-06-01
Keywords:Where a party to a contract repudiates it, the aggrieved party has an election to abide by the contract and enforce its performance: if that election is exercised, but the defaulting party nonetheless persists in the breach by evincing an unequivocal intention not to remedy the breach, the aggrieved party, after affording the defaulting party the oportunity to repent of the repudiation, may change the election and cancel the contract and claim damages.
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Principal of Mbilwi High School v RM 633 2016 2017 ZASCA 72 1 June 2017
Judges:PONNAN, THERON, MAJIEDT, WALLIS, ZONDI
Case No:633/2016
Judgement Date:2017-06-01
Keywords:Appeal: mootness: the court should exercise its discretion to hear an appeal where it relates to the proper construction and application of important provisions in the National Education Policy that will impact on the future conduct of education officials and learners.
Interpretation: the high court misinterpreted the National Policy Pertaining to the Programme and Promotion Requirements of the National Curriculum Statement Grade R-12.
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The State v Pilane 559 16 2017 ZASCA 71 1 June 2017
Judges:CACHALIA, WALLIS, MOLEMELA, GORVEN, MBATHA
Case No:1362/2016
Judgement Date:2017-06-01
Keywords:Witnesses in criminal trial: administration of the oath: may be administered by interpreter: s 165 of Criminal Procedure Act 51 of 1977.
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Machete v S 167 17 2017 ZASCA 70 31May 2017
Judges:WALLIS, DAMBUZA, GORVEN
Case No:167/2017
Judgement Date:2017-05-31
Keywords:Robbery – prosecution submitting that evidence of identification of accused unsatisfactory and that accused should be acquitted on appeal to full bench – appeal nonetheless dismissed – appeal upheld – function of appeal court where prosecution does not seek to uphold conviction.
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Wilkinson v The Law Society of the Northern Provinces 783 2016 2017 ZASCA 69 31 May 2017
Judges:LEWIS, WALLIS, SALDULKER, ZONDI, COPPIN
Case No:783/2016
Judgement Date:2017-05-31
Keywords:Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entrusted to him: No reason to interfere with the exercise of discretion.
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Lazarus Mbethe v United Manganese of Kalahari 503 2016 2017 ZASCA 67 30 May 2017
Judges:NAVSA, THERON, SWAIN, GORVEN, MBATHA
Case No:503/2016
Judgement Date:2017-05-30
Keywords:Derivative action: Section 165(5)(b) of the Companies Act 71 of 2008: requirement of ‘good faith’: proof by applicant on a balance of probabilities: test subjective with objective control: state of mind of applicant determined by drawing inferences from objective facts: absence of collateral purpose not a self-standing requirement of good faith: relevant to determine whether issue ‘of material consequence to the company’: all of requirements of subsec to be satisfied: court retains controlling discretion whether to grant relief: alternative means to obtain the same relief: relevant to determine whether action in best interests of company.
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AON South Africa Pty Ltd v Van den Heever NO 615 2016 2017 ZASCA 66 30 May 2017
Judges:NAVSA, THERON, WALLIS, PETSE, ZONDI
Case No:615/2016
Judgement Date:2017-06-30
Keywords:Res judicata – requirements – issue estoppel – identity of interest between plaintiffs in the two actions sufficient to satisfy requirement of same party – identity of issues and claims in both actions
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Magubane amp another v Twin City Developers Pty Ltd amp others 981 16 2017 ZASCA 65 30 May 2017
Judges:PONNAN, MBHA, DAMBUZA, VAN DER MERWE, FOURIE
Case No:981/2016
Judgement Date:2017-05-30
Keywords:Extension of Security of Tenure Act 62 of 1997: Land Claims Court erred in failing to consider probation officer’s report submitted in terms of s 9(3) of the Act prior to granting eviction order: considerations of convenience and interests of justice require that Supreme Court of Appeal considers the content of report and not remit matter to the Land Claims Court for reconsideration: content of the report not warranting interference with the eviction order.
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Patekile Holomisa v Nolizwe Holomisa 564 2016 2017 ZASCA 64 29 May 2017
Judges:CACHALIA, TSHIQI, SALDULKER, DAMBUZA, MBATHA
Case No:564/2016
Judgement Date:2017-06-29
Keywords:Civil marriage solemnized in December 1995 in the erstwhile Transkei: the Marriage Extension Act 50 of 1997 did not alter the matrimonial property regime of parties who married without an ante-nuptial contract after 27 April 1994: marriage out of community of property.
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Pearson v eThekwini Municipality 241 2016 2017 ZASCA 63 29 May 2017
Judges:LEWIS, PETSE, SWAIN, MBHA, MOLEMELA
Case No:241/2016
Judgement Date:2017-05-29
Keywords:Municipal Systems Act 32 of 2000: Sections 102(1)(b) and 118(3): right of municipality to transfer credits between accounts: single account holder: properties with different owners: amounts outstanding on both properties by account holder for services supplied by municipality: transfer of credits by municipality from first account to second account: resultant liability of owner of first property increased and that of owner of second property decreased: municipality entitled to claim from owner of first property increased balance owed.
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Broodryk v The State 959 2016 2017 ZASCA 62 29 May 2017
Judges:TSHIQI, SALDULKER, ZONDI, VAN DER MERWE, SCHIPPERS
Case No:959/2016
Judgement Date:2017-06-29
Keywords:Sentence - imposition of - factors to be taken into account: appellant convicted on a charge of theft: previous conviction one of the factors taken into account: sentence of five years’ imprisonment not shockingly inappropriate: sentence confirmed.
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Lourens v Premier of the Free State Province amp another 526 16 2017 ZASCA 60 25 May 2017
Judges:MAYA, FOURIE, SCHIPPERS
Case No:566/2016
Judgement Date:2017-05-25
Keywords:Contempt of court: failure to comply with court order: no proof of non-compliance, wilfulness or mala fides: s 16(2)(a)(i) of the Superior Courts Act 10 of 2013: issues on appeal having no practical effect: appeal dismissed with costs.
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Shange v S 613 2016 2017 ZASCA 51 2 May 2017
Judges:LEWIS, PETSE, MATHOPO, GORVEN, MBATHA
Case No:613/2016
Judgement Date:2017-05-02
Keywords:
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FirstRand Bank Ltd v KJ Foods CC In business rescue 734 2015 2015 ZASCA 50 26 April 2017
Judges:MPATI, THERON, SERITI, VAN DER MERWE, SCHOEMAN
Case No:734/2015
Judgement Date:2017-04-26
Keywords:Companies Act 71 of 2008 : proposed business rescue plan : proper interpretation of section 153(1)(a)(ii) and 153(7) : the determination whether a vote by a creditor against the adoption of a proposed business rescue plan was inappropriate and ought to be set aside entails a single enquiry : a court will set aside a vote on the ground that its result was inappropriate if it is reasonable and just to do so : thus entails a value judgment : effect of the court setting aside vote : once vote is set aside, proposed business plan considered to have been adopted ex lege : no further vote envisaged by the Act.
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Llale v S 663 2016 2017 ZASCA 049 25 April 2017
Judges:CACHALIA, WALLIS, MOLEMELA, GORVEN, MBATHA
Case No:663/2016
Judgement Date:2017-04-26
Keywords:Conviction and Sentence – special leave to appeal – reasonable prospects of success on appeal against conviction to the high court, and special circumstances present which would justify the grant of special leave to appeal to the high court – failure by the trial court to take account of inconsistencies in written statement and oral testimony of single witness – failure to consider elements of charge of attempt to steal a motor vehicle – leave to appeal to high court granted.
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Orica Mining Services v Elbroc Mining Products 233 2016 2017 ZASCA 48 31 March 2017
Judges:MAYA, SWAIN, DAMBUZA, NICHOLLS, MBATHA
Case No:233/2016
Judgement Date:2017-03-31
Keywords:Intellectual property: claim for patent infringement: s 45 Patents Act 57 of 1978: extent of protection determined by wording of claims: claims to be read in the context of the patented specification: interpretation of ‘between’ in claim to mean "linearly between" unjustified in context of specification as well as claims: purposive interpretation: "linearly between" not essential for functionality of invention.
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Marais amp others v Varicor Nineteen Pty Ltd 843 16 2017 ZASCA 46 30 March 2017
Judges:TSHIQI, THERON, MATHOPO, VAN DER MERWE, COPPIN
Case No:843/2016
Judgement Date:2017-03-30
Keywords:Contract: whether agreement to establish a diesel depot constituted extension of an existing supply agreement between the respondent and a trust or a new agreement with trustee of the trust in personal capacity : respondent satisfied onus to prove the former : appeal dismissed.

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Factaprops v The Land Bank 353 2016 2017 ZASCA 45 30 March 2017
Judges:TSHIQI, ZONDI, VAN DER MERWE, NICHOLLS, COPPIN
Case No:353/2016
Judgement Date:2017-03-30
Keywords:The phrase ‘mortgage bond’ in s 11(a)(i) of the Prescription Act 68 of 1969 has a wide meaning and includes a special notarial bond in terms of the Security by Means of Movable Property Act, 57 of 1993: therefore the period of prescription applicable to a debt secured by such special notarial bonds is thirty years.
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Brooks v NDPP 855 16 2017 ZASCA 42 30 March 2017
Judges:PONNAN, WILLS, ZONDI, MOCUMIE, SCHIPPERS
Case No:855/2016
Judgement Date:2017-03-30
Keywords:Application for forfeiture order in terms of s 48(1) of the Prevention of Organised Crime Act 121 of 1998 : whether residential property is instrumentality of an offence : property used in contravention of ss 82(a) and 83(b) of the Diamonds Act 56 of 1986 : whether forfeiture constitutionally disproportionate.
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Griesel v Haasbroek 538 2016 2017 ZASCA 39 30 March 2017
Judges:LEACH, WILLIS, MBHA, MOLEMELA, GORVEN
Case No:538/2016
Judgement Date:2017-03-30
Keywords:Sale : action for purchase price : express term as to risk passing to purchaser : ambit of risk : risk event causing loss : purchase price payable.
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Adendorffs Boerderye v Shabalala amp others 997 15 2017 ZASCA 37 29 March 2017
Judges:SHONGWE, MAJIEDT, MATHOPO, VAN DER MERWE, MBATHA
Case No:997/2015
Judgement Date:2017-03-29
Keywords:Conservation of Agricultural Resources Act 43 of 1983 (CARA) : Regulation 9 : land users as defined in CARA responsible for ensuring that grazing land is protected from overgrazing and deterioration : CARA not explicitly prohibiting a land owner from pursuing remedy in the form of a restraining order : land users not exercising grazing rights in terms of the provisions of the Extension of Security of Tenure Act 629 of 1997 but in terms of an agreement with landowner.
Court practice : Court orders :overbroad court orders not sought by parties and not supported by pleadings : such orders not sustainable, especially where parties were not afforded opportunity to make prior representations : orders set aside both in appeal and cross appeal.
Costs : de bonis propriis : where attorneys flagrantly disregard court rules by late delivery of heads of arguments without proper explanation : additionally, attempting to obtain postponement without proper basis : such conduct prejudicing opponent : appropriate to mulct attorney with costs.
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Cathay Pacific Airways amp another v Lin amp another 260 2016 2017 ZASCA 35 29 March 2017
Judges:MAYA, MAJIEDT, VAN DER MERWE, MOLEMELA, GORVEN
Case No:260/2016
Judgement Date:2017-03-29
Keywords:Practice – urgent application – whether court order issued orally only was effective – whether there was proper notice and service to affected parties – contempt of court – whether the requirements for contempt of court were proved beyond reasonable doubt
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Media 24 Limited v Du Plessis 127 2016 2017 ZASCA 33 29 March 2017
Judges:CACHALIA, PETSE, SWAIN, MBHA, GORVEN
Case No:127/2016
Judgement Date:2017-03-29
Keywords:Defamation: liability of the media: test of: words complained of to be considered from the point of view of the reasonable reader: defence of justification: truth and public benefit: only the material allegations or sting of the article required to be substantially true: publication of defamatory statement found not to have been reasonable: damages: assessment: award of R80 000 excessive justifying interference on appeal.
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Head of Department Mpumalanga Department of Education v Valozone 268 CC 837 2015 2017 ZASCA 30 29 March 2017
Judges:MAYA, BOSIELO, VAN DER MERWE, SCHOEMAN, FOURIE
Case No:837/2015
Judgement Date:2017-03-29
Keywords:Administrative law: review of decision to cancel and re-advertise public tender: decision not authorised by regulation 8(4) of the Preferential Procurement Regulations, 2011 and irrational: decision correctly set aside.
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Body Corporate v Sithole and another 240 2016 2017 ZASCA 28 27 March 2017
Judges:TSHIQI, WALLIS, PETSE, MBHA, NICHOLLS
Case No:240/2016
Judgement Date:2017-03-27
Keywords:Application for compulsory sequestration : advantage to creditors as contemplated in s 10 (c) of the Insolvency Act, 24 of 1936 not proven : no basis to find that a body corporate of a sectional title development need not prove pecuniary benefit to the general body of creditors.
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Kotze v The State 776 16 2017 ZASCA 27 27 March 2017
Judges:SHONGWE, MAJIEDT, VAN DER MERWE, MOCUMIE, SCHIPPERS
Case No:776/2016
Judgement Date:2017-03-27
Keywords:Criminal Law - conviction on housebreaking with intent to commit indecent assault and indecent assault - whether the State proved the identity of the appellant and all the elements of housebreaking with intent to commit indecent assault and indecent assault beyond reasonable doubt.
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Ndlovu v S 925 2016 2017 ZASCA 26 27 March 2017
Judges:TSHIQI, PETSE, MBHA, FOURIE, MBATHA
Case No:925/2016
Judgement Date:2017-03-27
Keywords:Imposition of non-parole period in terms of s 276B of the Criminal Procedure Act 51 of 1977 : sentence : misdirection by trial court in imposing a non-parole period : appeal upheld.
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Harrielall v University of KwaZulu-Natal 493 2016 2017 ZASCA 25 27 March 2017
Judges:CACHALIA, SWAIN, MOLEMELA, GORVEN, MBATHA
Case No:493/2016
Judgement Date:2017-03-27
Keywords:Promotion of Administrative Justice Act 3 of 2000 : refusal of application for admission to course of study leading to MBChB degree : application for review of decision : new challenge on appeal : not raised in founding affidavit : appeal dismissed.
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Afgri Operations Ltd v Hamba Fleet Management Pty Ltd 542 16 2017 ZASCA 24 24 March 2017
Judges:LEACH, THERON, PETSE, WILLIS, DAMBUZA
Case No:542/2016
Judgement Date:2017-03-24
Keywords:Company law : application for a final order of liquidation : underlying debt admitted by the respondent : no allegation that respondent solvent : respondent not trading or conducting any business : respondent’s indebtedness prima facie established : onus on respondent to show that indebtedness disputed on bona fide and reasonable grounds : a counterclaim not in itself a reason for refusing an order for the winding up of the respondent : final order winding-up the respondent granted.
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Asla Construction Pty Ltd v Buffalo City Metropolitan Municipality 894 2016 2017 ZASCA 23 24 March 2017
Judges:PONNAN, CACHALIA, SWAIN, DAMBUZA, GORVEN
Case No:894/2016
Judgement Date:2017-03-24
Keywords:Promotion of Administrative Justice Act 3 of 2000 : ss 6, 7 and 9 : application in terms of s 9 for extension of statutory period in terms of s 7 : substantive application required : no explanation for entire duration of delay : failure to properly consider prejudice to appellant and members of public affected by decision : impugned decision validated by unreasonable delay : unlawfulness of decision not proved by admissible evidence.
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Mazina v The State 494 2016 2017 ZASCA 22 24 March 2017
Judges:PONNAN, ZONDI, MATHOPO, NICHOLLS, COPPIN
Case No:494/2016
Judgement Date:2017-03-24
Keywords:Evidence: sufficiency of: statement in terms of s 115 of the Criminal Procedure Act 51 of 1977.
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Manukha v Road Accident Fund 285 2016 2017 ZASCA 21 24 March 2017
Judges:LEACH, TSHIQI, THERON, PETSE, MOLEMELA
Case No:285/2016
Judgement Date:2017-03-24
Keywords:Road Accident Fund Act 56 of 1996: ss 17(1); 23 and 24 read with regulation 3(3)(b)(ii): Damages: motor vehicle accident: claim for compensation against Road Accident Fund: non-pecuniary loss forming part of a unitary claim for compensation and not constituting a separate and discrete claim: prescription: late filing of RAF4 form thus not constituting separate claim, and consequently, claim for damages for non-pecuniary loss not prescribed
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ZNK Investments CC v Luckytso Transport and Construction CC 328 2016 2017 ZASCA 20 24 March 2017
Judges:MAYA, THERON, VAN DER MERWE, GORVEN, COPPIN
Case No:328/2016
Judgement Date:2017-03-24
Keywords:Company law: sale in execution of property of close corporation whilst deregistered: reinstatement in terms of s 82(4) of the Companies Act 71 of 2008: automatic retrospective validation of the sale in execution.

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Van Rooyen Friedrich amp others v Louw Smit NO amp others 1028 2015 2017 ZASCA 19 23 March 2017
Judges:TSHIQI, PETSE, MBHA, FOURIE, MOLEMELA
Case No:1028/2015
Judgement Date:2017-03-23
Keywords:Maintenance of surviving spouse – ss 2 and 3 of the Maintenance of Surviving Spouses Act 27 of 1990 – requisites of Act not satisfied – Special leave to appeal in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – appeal upheld.
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Van Rooyen Friedrich amp others v Louw Smit NO amp others 1028 2015 2017 ZASCA 19 23 March 2017
Judges:TSHIQI, PETSE, MBHA, FOURIE, MOLEMELA
Case No:1028/2015
Judgement Date:2017-03-23
Keywords:Maintenance of surviving spouse : ss 2 and 3 of the Maintenance of Surviving Spouses Act 27 of 1990 : requisites of Act not satisfied : special leave to appeal in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 : appeal upheld.
Case Files
Prescription ndash pension funds ndash erroneous double payment ndash substitution of a party after litis contestatio as a result of a cession of the debt does not give rise to a valid plea of prescription ndash cessionary attains all the rights of cedent ndash has full locus standi ndash impoverishment proved on the facts
Judges:LEACH, TSHIQI, WALLIS, MBHA, FOURIE
Case No:271/2016
Judgement Date:2017-03-23
Keywords:Written undertaking given by a firm of practising attorneys : whether it constituted an unconditional guarantee to make payment itself : having regard to the factual matrix providing the context in which it was given, the undertaking did not constitute a personal guarantee : evidence pertaining to the parties’ intentions regarding the undertaking inadmissible.
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Mothuloe Incorporated Attorneys v The Law Society of the Northern Provinces amp another 213 16 2017 ZASCA 17 22 March 2017
Judges:CACHALIA, SHONGWE, WALLIS, DAMBUZA, MBATHA
Case No:213/2016
Judgement Date:2017-03-22
Keywords:Attorneys Act 53 of 1979: complaints having been lodged with the Law Society against a practitioner for failing to account to trust creditors: practitioner admitting having received the money but imposing conditions before releasing it to trust creditors: Law Society directing the practitioner to produce for inspection records and books in his possession and under his control in terms of s 70(1) of the Act: practitioner refusing to comply and challenged the decision of the Law Society: sought to review and set aside decision as irrational: practitioner blatantly disregarding the law and rules: such conduct cannot be countenanced: conduct unprofessional.
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Sentrachem v Terreblanche 237 2016 2017 ZASCA 16 22 March 2017
Judges:LEACH, MAJIEDT, MATHOPO, MOCUMIE, SCHIPPERS
Case No:237/2016
Judgement Date:2017-03-22
Keywords:Prescription – pension funds – erroneous double payment – substitution of a party after litis contestatio as a result of a cession of the debt does not give rise to a valid plea of prescription – cessionary attains all the rights of cedent – has full locus standi – impoverishment proved on the facts.
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Moila v City of Tshwane Metropolitan Municipality 249 16 2017 ZASCA 15 22 March 2017
Judges:CACHALIA, WILLIS, ZONDIE, VAN DER MERWE, MBATHA
Case No:249/2016
Judgement Date:2017-03-22
Keywords:Claim for the rendering of a statement of account by a municipality for the supply of utility services and a debate thereof : ex facie the pleadings, no fiduciary relationship existed between the parties, no contractual agreement between them to this effect, no statutory provision creating this obligation : point in limine upheld : appeal dismissed with costs.
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SA Metal Group Pty Ltd v The International Trade Administration Commission 267 2016 2017 ZASCA 14 17 March 2017
Judges:PONNAN, LEACH, MAJIEDT, WILLIS, FOURIE
Case No:267/2016
Judgement Date:2017-03-17
Keywords:Appeal – s 16(2)(a)(i) Superior Courts Act 10 of 2013 – dismissal of appeal where judgment or order sought would have no practical effect or result.
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Cilliers amp others v Ellis amp another 200 2016 2017 ZASCA 13 17 March 2017
Judges:PONNAN, WILLIS, ZONDI, FOURIE, NICHOLLS
Case No:200/2016
Judgement Date:2017-03-17
Keywords:Appeal : non-appealability of order : appellants not having locus standi to pursue the appeal : appeal dismissed.
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Panayiotou v Shoprite 248 2016 2017 ZASCA 12 17 March 2017
Judges:PONNAN, SHONGWE, PETSE, ZONDI, GORVEN
Case No:248/2016
Judgement Date:2017-03-17
Keywords:Refusal to grant liquor licence by Liquor Board : decision reviewed, set aside and licence granted by high court along with order that Liquor Board must issue licence after certain requirements met : appeal against review of refusal : liquor licence subsequently issued : no challenge to issue of licence : appeal, if successful, could not set aside the issue of the licence : section 16(2)(a) of Superior Courts Act 10 of 2013 : decision sought would have no practical effect or result : appeal dismissed.
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Richard Du Plessis Barry v Clearwater Estates NPC amp others 187 2016 2017 ZASCA 11 16 March 2017
Judges:LEACH, WILLS, SWAIN, MBHA, SCHIPPERS
Case No:187/2016
Judgement Date:2017-03-16
Keywords:Companies Act 71 of 2008 : s 58(1) : appointment of proxy ‘at any time’ : s 58(3)(c) : instrument evidencing proxy to be deposited ‘before’ shareholders meeting : Memorandum of Incorporation of company requiring proxy to be deposited ‘not less than 48 hours before’ meeting : article inconsistent with unalterable provisions of s 58(1) : article void in terms of s 15(1).
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Westminster Tobacco Co v Philip Morris Products SA 925 2015 2017 ZASCA 10 16 March 2017
Judges:LEACH, WALLIS, PETSE, ZONDI, MBATHA
Case No:925/2015
Judgement Date:2017-03-16
Keywords:Expungement of trade mark for non-use in terms of s 27(1(b) of the Trade Marks Act 194 of 1993 – test for bona fide use of a trade mark – factual enquiry.

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Mpumalanga Tourism amp Parks Agency v Barberton Mines Pty Ltd 216 2016 2017 ZASCA 9 14 March 2017
Judges:PONNAN, TSHIQI, MAJIEDT, DAMBUZA, VAN DER MERWE
Case No:216/2016
Judgement Date:2017-03-14
Keywords:Mining and Environmental Law: grant of a prospecting right in terms of s 17(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA): whether prospecting area part of a protected area as contemplated by s 12 of the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA): whether prospecting prohibited by s 48(1) of NEMPAA.
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Herbal Zone v Infitech Technologies 204 2016 2017 ZASCA 8 10 March 2017
Judges:CACHALIA, SHONGWE, WALLIS, MBHA, SCHIPPERS
Case No:204/2016
Judgement Date:2017-03-10
Keywords:Passing off – requirement of reputation – failure to prove source of goods and that the reputation vested in the applicant – claim for interdict dismissed.
Defamation – trading corporation – interdict against future publication of defamatory matter – such not lightly granted – dispute of fact on the papers whether statements were justified – such a genuine dispute – applicant failing to show a clear right – interdict refused.
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Companies Act 71 of 2008 s 58 1 appointment of proxy lsquo at any time rsquo s 58 3 c instrument evidencing proxy to be deposited lsquo before rsquo shareholders meeting Memorandum of Incorporation of company requiring proxy to be deposited lsquo not less than 48 hours before rsquo meeting article inconsistent with unalterable provisions of s 58 1 article void in terms of s 15 1
Judges:CACHALIA, WALLIS, DAMBUZA, MATHOPO, COPPIN
Case No:536/2016
Judgement Date:2017-03-10
Keywords:Review of arbitrator’s award in terms of s 33(1)(b) of the Arbitration Act 42 of 1965: whether arbitrator exceeded his jurisdiction and committed gross irregularity: whether the words ‘existing dispute’ in an arbitration clause to be given broad meaning: presumption in favour of ‘one stop arbitration’.
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Phasha v Minister of Police 70 2016 2017 ZASCA 006 10 March 2017
Judges:PONNAN, THERON, PETSE, ZONDI, VAN DER MERWE
Case No:70/2016
Judgement Date:2017-03-10
Keywords:Appeal: special leave to appeal in terms of s 16(1)(b) of the Superior Courts Act 10 of 2013: intended appeal raises only factual issues in respect of which the prospects of success are poor: no special circumstances to merit further appeal: special leave refused.
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Joubert v S 642 2016 2017 ZASCA 3 3 March 2017
Judges:SHONGWE, MAJIEDT, VAN DER MERWE, MOCUMIE, SCHIPPERS
Case No:642/2016
Judgement Date:2017-03-03
Keywords:Criminal Procedure – fatally irregular to increase sentence on appeal absent prior notice by court to appellant of an intention to do so – infringement of fair trial rights – remittal to court of appeal.
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Nkabinde v The Judicial Service Commission 20857 2014 2016 ZASCA 12 10 March 2016
Judges:NAVSA, LEWIS, LEACH, PILLAY, SWAIN
Case No:20857/2014
Judgement Date:2016-03-10
Keywords:Complaint against judge lodged with the Judicial Service Commission (JSC) in 2008, and investigated in terms of procedure for alleged judicial misconduct applicable at that time – investigation and outcome set aside by court order, and inquiry begun de novo in 2011, by which time a new procedure was applicable in terms of amendments to the Judicial Service Commission Act 9 of 1994 (JSCA) – JSC following new procedure and establishing a Judicial Conduct Tribunal – whether the new procedure impermissibly retrospectively applied – no substantive rights affected – application of new procedure sensible, fair and just – not impermissible – whether s 24 of the JSCA, by permitting a prosecutor to be involved in the collection and leading of evidence before the Tribunal is in breach of the doctrine of the separation of powers and unconstitutional and affects judicial independence – prosecutor not part of the executive, and independence guaranteed by s 179 of the Constitution – Tribunal hearing conducted in an inquisitorial manner – prosecutor not involved in making of decision by Tribunal or JSC – doctrine of the separation of powers not infringed and judicial independence not threatened – s 24 of the JSCA accordingly not unconstitutional.
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Pro Tempo v Van der Merwe 20853 2014 2016 ZASCA 39 24 March 2016
Judges:NAVSA, WALLIS, SALDULKER, ZONDI, KATHREE-SETILOANE
Case No:20853/2014
Judgement Date:2016-03-24
Keywords:Delict – erection by school of steel rods on playground to support recently planted saplings – school catering for learners who struggle with learning disabilities – child impaled on steel rod after leaning or sitting on it – appellant negligent – considerations of public and legal policy do not dictate exclusion of liability.
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Malani v Natalia Financial Brokers CC 20850 2014 2014 ZASCA 84 31 May 2016
Judges:THERON, WALLIS, MATHOPO
Case No:20850/2014
Judgement Date:2016-05-31
Keywords:Negligence - Claim for pure economic loss based on omission – No evidence that the insured had instructed the insurance broker to amend beneficiary on a policy – The appellants, as disappointed beneficiaries, failed to establish negligence on the part of the insurance broker.
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Geldenhuys NO v Daniels 20848 14 2016 ZASCA 45 31 March 2016
Judges:PONNAN, WALLIS, PETSE, DAMBUZA, TSOKA
Case No:20848/2014
Judgement Date:2016-03-31
Keywords:Contract – offer to purchase immovable property irrevocable up to a stated date – effect of date passing – offer not lapsing but becoming revocable – acceptance of offer after stated date effective to constitute a binding contract.

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CSARS v Capstone 556 Pty Ltd 20844 2014 2016 ZASCA 2 9 February 2016
Judges:PONNAN, BOSIELO, WALLIS, MBHA, VAN DER MERWE
Case No:20844/2014
Judgement Date:2016-02-09
Keywords:Income tax - whether proceeds of sale of shares revenue or a receipt of a capital nature - dominant purpose of acquisition of shares long term capital investment to rescue a distressed business - at time of acquisition sale of shares at a profit contemplated only as one of several possibilities to be explored at the appropriate time in future - subsequent sale of shares unsolicited and fortuitous - proceeds a receipt of a capital nature - cross-appeal - calculation of base cost for capital gains tax purposes - inclusion of indemnity payment.
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Chiliza v Govender 20837 14 2016 ZASCA 47 31 March 2016
Judges:TSHIQI, PILLAY, SWAIN, DAMBUZA, TSOKA
Case No:20837/2014
Judgement Date:2016-03-31
Keywords:Interpretation – sections 9(4A) and 11(2A)(c) of the Insolvency Act 24 of 1936 – couched in peremptory terms – failure to furnish petition and – failure to serve provisional order on the South African Revenue Service constitutes non-compliance – petition furnished but provisional order not served on SARS – final order of sequestration set aside.
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First National Bank v Scenematic One Pty Ltd 20832 2014 ZASCA 60 14 April 2016
Judges:NAVSA, MAJIEDT, MBHA, ZONDI, TSOKA
Case No:20832/2014
Judgement Date:2016-04-14
Keywords:Prescription – application of ss 11 and 12(3) of the Prescription Act 68 of 1969 – claim to recover sum of money deducted through unauthorised debit order payments – appeals in respect of the special pleas of prescription dismissed.
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Lourens v Speaker of the National Assembly of Parliament 20827 2014 2016 ZASCA 11 10 March 2016
Judges:LEWIS, PONNAN, SERITI, FOURIE, PLASKET
Case No:20827/2014
Judgement Date:2016-03-10
Keywords:The Rules and practice of Parliament and its failure, and that of the Minister of Arts and Culture, to publish all statutes in all official languages does not constitute unfair discrimination in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
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Nurcha Finance Company Pty Ltd v Oudtshoorn Municipality 20821 2014 2016 ZASCA 28 23 March 2016
Judges:PONNAN, PILLAY, PETSE, FOURIE, TSOKA
Case No:20821/2014
Judgement Date:2016-03-23
Keywords:Undertaking to pay amounts due in terms of a building contract to third party - failure to do so giving rise to claim for damages - claim not precluded by virtue of subsequent cancellation of building contract.

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Nova Property Group Holdings v Cobbett 20815 2014 2016 ZASCA 63 12 May 2016
Judges:MAYA, MAJIEDT, MBHA, PLASKET, KATHREE-SETILOANE
Case No:20815/2014
Judgement Date:2016-05-12
Keywords:Appealability – interlocutory application – appealable under s 17(1) of the Superior Courts Act 10 of 2013.
Company law – interpretation of s 26(2) of the Companies Act 71 of 2008 – provides an unqualified right of access to a company’s securities register – person’s motive for access not relevant – right of access not subject to the provisions of the Promotion of Access to Information Act 2 of 2000 (PAIA).
Rule 35 (14) – appellants failed to demonstrate that the documents sought are relevant to a reasonably anticipated issue in the main application.
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SAMWU v Mokgatla 20810 2014 2016 ZASCA 24 18 March 2015
Judges:MAYA, WALLIS, DAMBUZA, MATHOPO
Case No:20810/2014
Judgement Date:2016-03-18
Keywords:Labour Law – concurrent and exclusive jurisdiction of the Labour Court and the High Court – dispute based on non-adherence to disciplinary procedures provided in the constitution of a trade union – s 158(1)(e) of the Labour Relations Act 66 of 1995 – matter within exclusive jurisdiction of the Labour Court.
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Brookstein v Brookstein 20808 14 2016 ZASCA 40 24 March 2016
Judges:MAYA, SWAIN, TSOKA, BAARTMAN, KATHREE-SETILOANE
Case No:20808/2014
Judgement Date:2016-03-24
Keywords:Arbitration Act 42 of 1965 – interpretation of ‘matrimonial cause or matter incidental to such cause’ in s 2 of the Act – court order incorporating settlement agreement disposed of all matrimonial issues and its natural consequences – deliberate non-disclosure of true value of accrual – delictual claim susceptible to arbitration – Matrimonial Property Act 88 of 1984 – date for determination of value of accrual – date of dissolution appropriate date, not litis contestatio.
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Umso Construction Pty Ltd v MEC for Roads and Public Works Eastern Cape Province 20800 2014 ZASCA 61 14 April 2016
Judges:MAYA, CACHALIA, PILLAY, MBHA, VICTOR
Case No:20800/2014
Judgement Date:2016-04-14
Keywords:Administrative law – validity of decision to award tender – whether successful tenderer had duty to disclose business rescue application – whether tender requirements were met – appropriate remedy in the circumstances – whether exceptional circumstances exist to justify the grant of a substitution order – on the facts, exceptional circumstances established.
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Swart v Starbuck amp others 20785 2014 2016 ZASCA 83 30 May 2016
Judges:PONNAN, SERITI, DAMBUZA, MATHOPO, FOURIE
Case No:20785/2014
Judgement Date:2016-05-30
Keywords:Claim by insolvent on behalf of his insolvent estate for the payment of damages by his trustees in terms of s 82(8) of the Insolvency Act 24 of 1936 – section 82(8) does not find application where the trustees sold immovable properties of the estate prior to the second meeting of creditors – sale of the immovable properties of the estate valid and enforceable – claim for damages dismissed.
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Merial v Cipla Vet 20772 2014 2016 ZASCA 57 1 April 2016
Judges:NAVSA, LEACH, PETSE, DAMBUZA, KATHREE-SETILOANE
Case No:20772/2014
Judgement Date:2016-04-01
Keywords:Patents – Validity – certainty of claim – compound consisting of a number of ingredients, each fulfilling a specific function – combination of potential ingredients to be selected accordingly – crystallisation inhibitor test to determine whether crystallisation inhibitor within scope of claim – whether dual functions of potential ingredients impact on clarity – interpretation of patent a process of construction by a mind willing to understand, not deconstruction by a mind desirous of misunderstanding – skilled addressee capable of understanding ambit of claim, and only real challenge to clarity based on contrived or ‘mythical’ hypotheticals – patent not invalid for lack of clarity – infringement – held to have been proved.
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Gihwala v Grancy Property Ltd 20760 2014 2016 ZASCA 35 24 March 2016
Judges:LEWIS, LEACH, SERETI, WALLIS, TSOKA
Case No:20760/2014
Judgement Date:2016-03-24
Keywords:Investment agreement – express and tacit terms – breach – damages – heads of damage – claims not excluded by rule in Foss v Harbottle – declaration of delinquency in terms of section 162(5)(c) of the Companies Act 71 of 2008 – section applies in cases of substantial misconduct by directors – not retrospective in its operation – section a rational response to the problem of delinquency by directors – not unconstitutional – circumstances justifying the making of a declaration of delinquency.
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Koukoudis v Abrina 20747 2014 2016 ZASCA 95 2 June 2016
Judges:LEACH, MAJIEDT, PILLAY, VICTOR, BAARTMAN
Case No:20747/2014
Judgement Date:2016-06-02
Keywords:Delict - claim for damages for abuse of rights - requirements of such a claim - requirements not established.
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De Villiers v The State amp another 20732 14 2016 ZASCA 38 24 March 2016
Judges:MAJIEDT, FOURIE, BAARTMAN
Case No:20732/2014
Judgement Date:2016-05-24
Keywords:Review – a high court of two judges sitting as a review court is a court of first instance as contemplated in s 16(1)(a) of the Superior Courts Act 10 of 2013 – that court is thus empowered to grant leave to appeal to the Supreme Court of Appeal in terms of s 16(1)(a)(ii) – duress allegedly exerted by legal representatives on appellant to plead guilty to theft not borne out by the facts.
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Itzikowitz v Absa Bank Ltd 20729 2014 2016 ZASCA 43 31 March 2016
Judges:PONNAN, CACHALIA, WILLIS, SALDULKER, FOURIE
Case No:20729/2014
Judgement Date:2016-03-31
Keywords:Delict – pure economic loss – shareholder suing for diminution in the value of his shareholding – wrong committed against company, not shareholder – shareholder not entitled to recover loss.
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Fisher v Natal Rubber Compounders Pty Ltd 20640 14 2016 ZASCA 33 24 March 2016
Judges:LEWIS, WALLIS, WILLIS, SALDULKER, MATHOPO
Case No:20640/2014
Judgement Date:2016-03-24
Keywords:Prescription - cession of a claim - action instituted by cedent against the debtor - claim ceded after litis contestatio and substitution of cessionary for cedent not objected to - debt not prescribed in terms s 15(2) and (6) of the Prescription Act 68 of 1969.
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Fisher v Natal Rubber Compounders Pty Ltd 20640 14 2016 ZASCA 33 24 March 2016
Judges:LEWIS, WALLIS, WILLIS, SALDULKER, MATHOPO
Case No:20640/2014
Judgement Date:2016-03-24
Keywords:Prescription - cession of a claim - action instituted by cedent against the debtor - claim ceded after litis contestatio and substitution of cessionary for cedent not objected to - debt not prescribed in terms s 15(2) and (6) of the Prescription Act 68 of 1969.
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Grainco Pty Ltd v Van der Merwe 20693 2014 2016 ZASCA 42 30 March 2016
Judges:PONNAN, WALLIS, MBHA, MATHOPO, PLASKET
Case No:20639/2014
Judgement Date:2016-03-30
Keywords:Purchase and sale - sale of business, inclusive of goodwill - implied prohibition against seller canvassing customers of sold business - prohibition a term implied by law - only seller bound by it.

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Van Niekerk v Kruger and others 20632 14 2016 ZASCA 55 1 April 2016
Judges:NAVSA, LEACH, SALDULKER, TSOKA, BAARTMAN
Case No:20632/2014
Judgement Date:2016-04-01
Keywords:Wills Act 7 of 1953, section 4 – whether deceased had testamentary capacity to execute a will – Expert evidence – court must be satisfied with the reasoning which led to conclusion by expert witness- held testatrix not of sound mind at time of execution of will.
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Adcock Ingram Intellectual Property Pty Ltd v Actor Holdings Pty Ltd 20625 14 2016 ZASCA 41 24 March 2016
Judges:MAYA, TSHIQI, WALLIS, SALDULKER, MBHA
Case No:20625/2014
Judgement Date:2016-03-24
Keywords:Trade Marks Act 194 of 1993 – s 21 read with s 45(3) thereof empowers the Registrar of Trade Marks to condone the late filing of opposition to an application for the registration of a trade mark and extend the three month period prescribed for the filing of opposition.
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Mothupi v MEC Department of Health Free State 20598 2014 2016 ZASCA 27 22 March 2016
Judges:CACHALIA, LEACH, MAJIEDT, ZONDI, KATHREE-SETILOANE
Case No:20598/2014
Judgement Date:2016-03-22
Keywords:Application for condonation under s 3(4) of Act 40 of 2002 - requirements of - good cause established for condonation.
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Navin Naidoo v The Standard Bank of South Africa 20595 14 2016 ZASCA 9 9 March 2016
Judges:MAJIEDT, MBHA, MATHOPO, FOURIE, VICTOR
Case No:20595/2014
Judgement Date:2016-03-09
Keywords:National Credit Act 34 of 2005 – notice in terms of s 129(1) – purpose is to bring default to the attention of a consumer – on appellant’s own pleadings he had been aware of the notice and had responded thereto – defence amounts to an abuse of process – appeal dismissed.
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Kosmos v Leopont 20546 2014 2016 ZASCA 48 31 March 2016
Judges:LEWIS, WILLIS, DAMBUZA, MATHOPO, PLASKET
Case No:20546/2014
Judgement Date:2016-03-31
Keywords:Prescription – when does prescriptive period commence – agreements of sale of erven not yet created – appellants claimed specific performance of ancillary obligations under the agreements – special plea of prescription raised – respondent contended that prescription commenced on conclusion of the agreements – prescription could only commence when sale agreements enforceable – special plea of prescription dismissed.
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Botha NO v The Governing Body of the Eljada Institute amp another 20530 14 2016 ZASCA 36 24 March 2016
Judges:CACHALIA, MAJIEDT, WILLIS, FOURIE, BAARTMAN
Case No:20530/2014
Judgement Date:2016-03-24
Keywords:Application for the reinstatement of a patient, 30 years old, functioning at the level of a child three years of age, at a community mental health facility – patient a danger to herself, other occupants and staff – institution lacking resources to cope – audi principle had been extensively applied – application dismissed in the high court – application for leave to appeal to SCA – dismissed – no reasonable prospects of success.
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Off-Beat Holiday Club v Sanbonani Holiday Spa 20231 2014 2016 ZASCA 62 25 April 2016
Judges:MAYA, CACHALIA, LEACH, TSHIQI, ZONDI
Case No:20231/2014
Judgement Date:2016-04-25
Keywords:Prescription – extinctive prescription – whether claims brought by minority shareholders under ss 252 and 266 of the Companies Act 61 of 1973 constitute ‘debts’ as envisaged in s 10 of the Prescription Act 68 of 1969 and are susceptible to prescription – whether s 13(1)(e) of the Prescription Act insulates a claim brought under s 266 of the Companies Act from prescription.
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Premier Foods v Manoim NO 20147 2014 2015 ZASCA 159 4 November 2015
Judges:MAYA, SHONGWE, PETSE, GORVEN, BAARTMAN
Case No:20147/2014
Judgement Date:2016-01-13
Keywords:1 The appeal is upheld with costs, including those consequent on the employment of two counsel.
2 The order of the court a quo dismissing the application with costs is set aside and the following order substituted:
‘1 Declaring that neither the first nor the second respondent can lawfully issue a notice in terms of section 65(6)(b) of the Competition Act 89 of 1998, certifying that the applicant’s conduct has been found to be a prohibited practice under the Act in Competition Tribunal of South Africa case numbers 15/CR/Feb07 and 50/CR/May08.
2 The third respondent is directed to pay the costs of the Applicant.’
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Travelex Limited v Maloney 823 15 ZASCA 128 27 September 2016
Judges:MPATI, TSHIQI, MATHOPO, SCHOEMAN, FOURIE
Case No:823/2015
Judgement Date:2016-09-27
Keywords:Civil procedure: rescission application: based on alleged lack of jurisdiction of court that granted order of attachment ad fundandam et confirmandam jurisdictionem: ratio jurisdictionis present: no submission to jurisdiction established.
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Notshokovu v S 157 15 2016 ZASCA 112 7 September 2016
Judges:SHONGWE, SERITI, PETSE, MATHOPO, POTTERILL
Case No:157/2015
Judgement Date:2016-09-07
Keywords:Reconsideration of an order refusing special leave by two judges of the SCA: test has stringent requirements as the threshold is now higher: whether the courts below, including the decision of the two SCA judges, ought to have granted leave or not: appellant failed to show special circumstances: special leave refused.
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MEC Social Development Western Cape v The Justice Alliance of South Africa 2016 ZASCA 88 1 June 2016
Judges:MPATI, SALDULKER, MBHA, FOURIE, VICTOR
Case No:1054/2015
Judgement Date:2016-06-01
Keywords:Establishment of child and youth care centres in terms of s 195 of the Children’s Act 38 of 2005 – involves decisions which are polycentric and policy-laden in nature – intervening therewith undermines the doctrine of separation of powers – the requirements for the establishment of child and youth care centres not met.
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e tv Pty Ltd v Minister of Communications 1039 2015 2016 ZASCA 85 31 May 2016
Judges:LEWIS, SALDULKER, SWAIN, MBHA, BAARTMAN
Case No:1039/2015
Judgement Date:2016-05-31
Keywords:Legality: an amendment by the Minister of Communications of the Digital Broadcasting Migration Policy in 2015 that did not follow a process of consultation was irrational and in breach of the principle of legality: amendment did not achieve its purpose and was thus irrational and invalid on that basis too: the Minister purported to bind regulatory authorities and broadcasters and thus acted ultra vires: amendment reviewed and set aside.
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Gayiya v S 1018 15 2016 ZASCA 65 19 May 2016
Judges:MPATI, WALLIS, PILLAY, MATHOPO, TSOKA
Case No:1018/2015
Judgement Date:2016-05-19
Keywords:Criminal law – practice and procedure – trial – charge of murder – appointment of assessors in terms of proviso to s 93ter(1) of Magistrates’ Courts Act 32 of 1944 – such appointment compulsory unless accused requests, prior to plea, that assessors not be appointed – failure by regional magistrate to invoke proviso – court not properly constituted – purported waiver by accused of assessors after guilty verdict cannot cure defect.
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Northern Endeavour Shipping Pte Ltd v Owners of MV NYK Isabel 972 2015 2016 ZASCA 89 1 June 2016
Judges:LEACH, THERON, SERITI, WALLIS, KATHREE-SETILOANE
Case No:972/2015
Judgement Date:2016-06-01
Keywords:Maritime law – associated ship arrest relying on deeming provision in s 3(7)(c) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act) – charterer deemed to be owner of ship concerned – charterer includes a slot charterer – application for security in terms of s 5(2)(c) of the Act – requirements for – prima facie claim – reasonable and genuine need for security – factors relevant to exercise of discretion.
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Tyco International v Golden Mile Trading 949 2013 2016 ZASCA 44 31 March 2016
Judges:NAVSA, SWAIN, ZONDI, TSOKA, KATHREE-SETILOANE
Case No:949/2013
Judgement Date:2016-03-31
Keywords:Apportionment of Damages Act 34 of 1956 – trial court erred in
apportioning damages substantially in favour of respondent – negligence of the
two drivers deviated in equal measure from the norm of the reasonable person –
when appeal court may interfere with the narrow exercise of judicial discretion by
trial court in apportioning damages.
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Gonya v S 891 15 2016 ZASCA 34 24 March 2016
Judges:LEWIS, LEACH, PILLAY, WILLIS, VICTOR
Case No:891/2015
Judgement Date:2016-04-24
Keywords:Criminal law and procedure – appeal for leave to appeal against refusal by high court to grant leave to appeal brought by way of petition from the regional court - Supreme Court of Appeal does not have jurisdiction to hear the appeal directly from the regional court – trial commenced prior to promulgation of the Superior Courts Act 10 of 2013 – appeal must be determined in terms of the Supreme Court Act 59 of 1959 – appellant granted leave to appeal against the non-parole period of the sentence – s 276B of the Criminal Procedure Act 51 of 1977.
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Britz v S 889 2015 2016 ZASCA 86 31 May 2016
Judges:TSHIQI, THERON, FOURIE
Case No:889/2015
Judgement Date:2016-05-31
Keywords:Sentence – non-parole period in terms of s 276B(1) of the Criminal Procedure Act 51 of 1977 – imposed without affording the appellant an opportunity to address the court – that portion of the sentence set aside – sentence of 15 years’ imprisonment shockingly inappropriate and reduced to 10 years’ imprisonment.
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The Minister of Justice and Constitutional Development v The Southern African Litigation Centre 867 15 2016 ZASCA 17 15 March 2016
Judges:LEWIS, PONNAN, SHONGWE, MAJIEDT, WALLIS
Case No:867/2015
Judgement Date:2016-03-15
Keywords:International law - International Criminal Court (ICC) – South Africa’s obligations to arrest and surrender person against whom the ICC has issued an arrest warrant – Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 – provisions of sections 4(2) and 10(9) – whether head of state enjoys immunity from arrest in terms of customary international law – provisions of section 4(1) of the Diplomatic Immunities and Privileges Act 37 of 2001 (DIPA) – whether immunity exists by virtue of hosting agreement concluded with African Union and ministerial proclamation under section 5(3) of DIPA.
Practice and procedure – application for admission as amicus curiae – rule 16 of rules of Supreme Court of Appeal – process to be followed – admission as amicus does not give rise to a right to make oral submissions – whether entitled to do so determined by Court hearing the appeal – party may only be admitted as amicus if it has new contentions to advance – what constitutes new contentions.
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Judges:TSHIQI, SWAIN, MBHA, TSOKA, VICTOR
Case No:862/2015
Judgement Date:2016-03-24
Keywords:
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G4S Cash Solutions v Zandspruit Cash amp Carry Pty Ltd 2016 ZASCA 113 12 September 2016
Judges:LEWIS, MATHOPO, SCHOEMAN, FOURIE, POTTERILL
Case No:852/2016
Judgement Date:2016-09-12
Keywords:Interpretation of time-limitation clause in written services agreements: whether or not delictual claims are subject to the time-limitation clause: nature of interpretative process considered: delictual claims held not to be subject to the time-limitation clause.
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Mfundo Nontshinga v S 770 2015 2016 ZASCA 76 27May 2016
Judges:LEACH, SALDULKER, DAMBUZA
Case No:770/2015
Judgement Date:2016-05-27
Keywords:Criminal Procedure: Appeal against the refusal of a petition for leave to appeal by High Court before the commencement of the Superior Courts Act 10 of 2013 – No leave sought from the court refusing the petition – special leave to appeal granted against conviction by the Supreme Court of Appeal – order a nullity – Supreme Court of Appeal having no jurisdiction.
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Mulaudzi v The State 768 2015 2016 ZASCA 70 20 May 2016
Judges:THERON, PETSE, WILLIS
Case No:768/2015
Judgement Date:2016-05-20
Keywords:Criminal Law - whether the State proved beyond a reasonable doubt that appellant was guilty of murder and robbery where the only material evidence was that of an accomplice, a single witness found to be untruthful and whose evidence was not corroborated.
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Du Toit v Ntshinghila 733 2015 2016 ZASCA 15 11 March 2016
Judges:PONNAN, CACHALIA, PETSE, MBHA, VICTOR
Case No:733/2015
Judgement Date:2016-03-11
Keywords:Criminal Law and Procedure – disclosure – accused charged with possession of child pornography – whether prosecution obliged to furnish accused with copies of images said to constitute child pornography as part of pre-trial disclosure.
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Malele v S 723 16 and Ngobeni v S 724 16 2016 ZASCA 115 13 September 2016
Judges:MPATI
Case No:724/2016
Judgement Date:2016-09-13
Keywords:Leave to appeal – refusal of application by two judges of the SCA in terms of s 17(2) of the Superior Courts Act 10 of 2013 – application to the President of the SCA in terms of s 17(2)(f) to refer the decision to the court for reconsideration and, if necessary, variation – a grave injustice constitutes exceptional circumstances
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Van Schalkwyk v The State 680 15 2016 ZASCA 49 31 March 2016
Judges:LEWIS, TSHIQI, WILLIS, PLASKET, BAARTMAN
Case No:680/2015
Judgement Date:2016-03-31
Keywords:Criminal Law and Procedure – mens rea – evidence – assault with hay hook across the chest of the deceased – piercing heart and severing rib – conviction of murder with intention in the form of dolus eventualis not correct.
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Hibiscus Coast Municipality v Hume Housing 638 15 2016 ZASCA 71 23 May 2016
Judges:MAJIEDT, SERITI, ZONDI, VICTOR, KATHREE-SETILOANE
Case No:638/2015
Judgement Date:2016-05-23
Keywords:Res judicata – appeal against decision of full court dismissed – full court correct in upholding appeal against decision of court of first instance which had wrongly found matter to be res judicata.
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Hewitt v The State 637 2015 2016 ZASCA 100 9 June 2016
Judges:MAYA, TSHIQI, SERITI
Case No:637/2015
Judgement Date:2016-06-09
Keywords:Sentence – appeal against imposition of effective sentence of six years’ imprisonment upon 75 years old offender for rape and indecent assault of young girls - crimes committed three decades ago –– appeal dismissed.
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Du Toit NO v Errol Thomas NO 635 15 2016 ZASCA 94 1 June 2016
Judges:PONNAN, MAJIEDT, MATHOPO, FOURIE, VICTOR
Case No:635/2015
Judgement Date:2016-06-01
Keywords:Maintenance Court jurisdiction - claim for maintenance on behalf of minor child against an executor of her deceased father’s estate – executor participating in the proceedings and not objecting to the jurisdiction of the maintenance court – thereafter challenging jurisdiction on review to the high court – refusing to pay maintenance for child on an unduly technical basis – executor’s conduct unconscionable - ordered to pay costs de bonis propriis on attorney and client scale.
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Roering and Another NNO v Mahlangu 581 2015 2016 ZASCA 79 30 May 2016
Judges:WALLIS, WILLIS, SALDULKER, ZONDI, TSOKA
Case No:581/2015
Judgement Date:2016-05-30
Keywords:Company law – Enquiry in terms of ss 417 and 418 of the Companies Act 61 of 1973 – summons to attend – application to set aside summons – abuse of process – what constitutes – fact that the issues canvassed may overlap with issues in pending or contemplated civil litigation not as such a ground for inferring abuse.
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Mojapelo v The State 574 2014 2016 ZASCA 22 18 March 2016
Judges:LEWIS, TSHIQI, PETSE, WILLIS, SALDULKER
Case No:574/2014
Judgement Date:2016-03-18
Keywords:Criminal Law: Whether the State proved beyond a reasonable doubt that appellants are guilty of murder where the only evidence is that of an accomplice, warned in terms of s 204 of the Criminal Procedure Act 51 of 1977, who was found to be untruthful and whose evidence was uncorroborated.
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Golden Dividend v Absa Bank 569 2015 2016 ZASCA 78 30 May 2016
Judges:TSHIQI, SWAIN, TSOKA
Case No:569/2015
Judgement Date:2016-05-30
Keywords:Application to set aside business rescue proceedings – creditors have a direct and substantial interest – non-joinder of creditors is fatal to the relief sought in the application.
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Chairperson of the National Council of Provinces v Malema 535 2015 2016 ZASCA 69 20 May 2016
Judges:PONNAN, LEACH, PETSE, SALDULKER, SWAIN
Case No:535/2015
Judgement Date:2016-05-20
Keywords:Parliament – suspension of member – for refusal to retract a statement ruled unparliamentary.
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Blue Chip 2 Pty Ltd v Ryneveldt 499 15 2016 ZASCA 98 03 June 2016
Judges:THERON, WALLIS, PILLAY, PETSE, WILLIS
Case No:499/2015
Judgement Date:2016-06-03
Keywords:Magistrates’ Court Act 32 of 1944 - jurisdiction - s 28(1)(d) - cause of action arising wholly within the district or regional division - delivery of notice in terms of s 129(1)(a) of the National Credit Act 34 of 2005 - a material element of the cause of action - delivery thereof outside the area of jurisdiction of the magistrate’s court is fatal to claim since cause of action did not wholly arise within the district or regional division.
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Palala Resources v Minister of Mineral Resources and Energy 479 15 2016 ZASCA 80 30 May 2016
Judges:MAYA, TSHIQI, MAJIEDT, WALLIS, ZONDI
Case No:479/2015
Judgement Date:2016-05-30
Keywords:Mining and minerals – Companies – interpretation and application of s 56(c) of the Mineral and Petroleum Resources Development Act 28 of 2002 and s 73(6A) of the Companies Act 61 of 1973 – deregistration of a company which is the holder of a mineral prospecting right does not result in that company irretrievably losing that right – subsequent restoration of company’s registration having the legal effect of retrospectively reviving the lapsed prospecting right.
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Caine Brothers v Development Tribunal for KwaZulu-Natal 471 2015 2016 ZASCA 81 30 May 2016
Judges:LEWIS, LEACH, TSHIQI, SERITI, PILLAY
Case No:471/2015
Judgement Date:2016-05-30
Keywords:An objector to an application for land development is not entitled to review a decision on the basis that it has not had a hearing prior to the decision being made when in fact it has been heard on more than one occasion and in more than one forum.
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Botha v Road Accident Fund 463 2015 2016 ZASCA 97 2 June 2016
Judges:LEACH, SALDULKER, DAMBUZA, FOURIE, VICTOR
Case No:463/2015
Judgement Date:2016-06-02
Keywords:Contract - agreement in settlement of claim for damages made an order of court - agreement concluded on the strength of a representation of fact made by appellant’s attorney relied on by the respondent - agreement binding and not to be set aside under Uniform rule 42(1)(c).
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Pillay v The State 453 2015 2016 ZASCA 26 18 March 2016
Judges:TSHIQI, PETSE, ZONDI
Case No:453/2015
Judgement Date:2016-03-18
Keywords:Criminal law and procedure - Assessment of evidence – trial court’s failure to evaluate evidence of a child witness who is also a single witness by overlooking various contradictions in the evidence and their effect on its credibility constituted misdirection.
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Minister of Human Settlements Western Cape v Penhill Residents Small Farmers Co-operative 429 2015 2016 ZASCA 99 3 June 2016
Judges:LEWIS, CACHALIA, SALDULKER, MATHOPO, TSOKA
Case No:429/2015
Judgement Date:2016-06-03
Keywords:Land: unlawful occupation of land owned by provincial government: occupiers of farm land interdicted from taking further occupation of additional land and erecting new structures: did not have consent of owner to settle on additional land and were not deprived of any right unlawfully.
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National Tertiary Retirement Fund v Mokadi 419 2015 2016 ZASCA 92 1 June 2016
Judges:PONNAN, THERON, PETSE, ZONDI, KATHREE-SETILOANE
Case No:419/2015
Judgement Date:2016-06-01
Keywords:Pension Funds Act 24 of 1956 – s 30N – discretion conferred on Pension Funds Adjudicator to determine whether interest shall accrue where determination consists of an obligation to pay money, and the rate at which, and date from which it accrues.
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City of Johannesburg v Dladla 403 15 2016 ZASCA 66 18 May 2016
Judges:MPATI, LEACH, PILLAY, WILLIS, MBHA
Case No:403/2015
Judgement Date:2016-05-18
Keywords:Local authority – powers and duties when providing temporary accommodation – rules of a shelter providing temporary accommodation in an emergency are not unconstitutional – appeal upheld.
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Herr v Innomet Pty Ltd 394 2015 2016 ZASCA 82 30 May 2016
Judges:PONNAN, MAJIEDT, SALDULKER, SWAIN, ZONDI
Case No:394/2015
Judgement Date:2016-05-30
Keywords:Contract: Lease agreement – landlord and tenant – reciprocity of obligations – obligation on lessor to provide peaceful and undisturbed occupation in return for rental from lessee.
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Avenant v CSARS 367 2015 2016 ZASCA 90 1 June 2016
Judges:PONNAN, THERON, SALDULKER, SWAIN, MBHA
Case No:367/2015
Judgement Date:2016-06-01
Keywords:Paragraphs 2, 3(1), 4(1) and 9 of the First Schedule to the Income Tax Act 58 of 1962 – ‘produce held and not disposed of’ – grapes delivered by wine farmer to a co-operative – pressed into pulp and mixed with pulp of other members of co-operative – identity of natural product retained – resultant pulp ‘produce’ – ownership of pulp retained by members of co-operative – produce ‘not disposed of’.

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Joest v J ouml st 319 2015 amp 324 2015 2016 ZASCA 110 1 September 2016
Judges:NAVSA, PETSE, WILLIS, SALDULKER, SWAIN
Case No:319/324/2015
Judgement Date:2016-09-01
Keywords:Trade marks and passing off : contested proprietorship of confusingly similar registered trade marks : application and counter-application for expungement of trade marks from register and consequential relief : mark originating from first respondent, a German based company and holding company of a subsidiary which introduced its machines and components into South Africa bearing the mark indicating provenance : years later ownership in subsidiary relinquished : commercial relationship continuing : no acquisition of proprietorship by former subsidiary : licensee and not licensor : ineffective assignment of rights not validly held.
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SAAB Grintek Defence v South African Police Service 316 2015 2016 ZASCA 104 5 July 2016
Judges:MPATI, CACHALIA, THERON, WALLIS, VICTOR
Case No:316/2015
Judgement Date:2016-07-05
Keywords:Constitutional law – tender – cancellation of – decision to cancel made in exercise of executive authority – decision not constituting administrative action – reasons for cancellation not offending principle of legality.
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Educated Risk Investments 165 Pty Ltd v Ekurhuleni Metropolitan Municipality 308 2105 2016 ZASCA 67 20 May 2016
Judges:LEWIS, THERON, WALLIS, MATHOPO, VICTOR
Case No:308/2015
Judgement Date:2016-05-20
Keywords:Town planning scheme – interpretation thereof – dwelling house – what constitutes – local authority proposing to permit temporary informal houses to be constructed on land zoned Residential 1 where dwelling houses could be constructed without further consent – informal houses satisfied the zoning requirements – scheme also empowered the local authority to use land for purposes not in accordance with zoning where it deemed it beneficial to the community or surrounding area.

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BSB International Link CC v Readam South Africa Pty Ltd 279 2015 2016 ZASCA 58 13 April 2016
Judges:PONNAN, MAJIEDT, SWAIN, VICTOR, KATHREE-SETLIOANE
Case No:279/2015
Judgement Date:2016-04-13
Keywords:Review – municipality – illegal building – sections 7 and 21 National Building Regulations and Building Standards Act 103 of 1977 (the NBSA) – adjacent property owner – locus standi at common law – demolition order – exercise of discretion – stark dichotomy between discretion at common law and discretion in terms of s 21 of the NBSA.
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Absa Bank Ltd v Knysna Auto Services CC 266 15 2016 ZASCA 93 1 June 2016
Judges:MAJIEDT, SERITI, SWAIN, ZONDI, MATHOPO
Case No:266/2015
Judgement Date:2016-06-01
Keywords:Contract - floor plan agreement (FPA) - Sale and financing of motor vehicles - reservation of ownership until receipt of payment - payment not received – rei-vindicatio - estoppel - possessor not acting reasonably in construing representation by owner that seller entitled to pass ownership – any representation ambiguous – possessor obliged to enquire from owner as to true position – possessor obliged to return vehicle.
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Masemola v Road Accident Fund 256 2015 2016 ZASCA 72 25 May 2016
Judges:TSHIQI, SWAIN, DAMBUZA, BAARTMAN, KATHREE-SETILOANE
Case No:256/2015
Judgement Date:2016-05-25
Keywords:Delict – claim for future loss of earnings – applicable contingency percentage rate to be deducted for pre-morbid future loss of earnings – discretion of the trial court to make a subjective estimate – court of appeal may not interfere unless the trial court has misdirected itself – contingency percentage rate to be deducted reduced.
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Van der Bank v The State 245 15 2015 ZASCA 10 09 March 2016
Judges:MAJIEDT, PILLAY, FOURIE, VICTOR, BAARTMAN
Case No:245/2015
Judgement Date:2016-03-09
Keywords:Appellant convicted of rape and indecent assault - sexual intercourse with sixteen year-old girl who has a mental capacity well below her age - consent alleged - consent can only be given by person capable of consenting - expert evidence proving complainant incapable of consenting - appeal dismissed.
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Registrar of Medical Schemes v Genesis Medical Scheme 238 2015 2016 ZASCA 75 27 May 2016
Judges:CACHALIA, SERITI, WILLIS, DAMBUZA, TSOKA
Case No:238/2015
Judgement Date:2016-05-27
Keywords:Medical Schemes Act 131 of 1998 – members’ funds allocated to members’ savings accounts are ‘trust property’ in terms of the Financial Institutions (Protection of Funds) Act 28 of 2001 and are to be accounted for separately in terms of ss 4(4) and (5) of that Act, read together with s 35(9)(c) of the Medical Schemes Act 131 of 1998.
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Rumdel Cape v SA National Roads Agency 234 2015 2016 ZASCA 23 18 March 2016
Judges:MAYA, LEACH, SERITI, PILLAY, MATHOPO
Case No:234/2015
Judgement Date:2016-03-18
Keywords:Declaratory order – should not be issued where dispute has become only of academic interest and where rights of the parties are not determined.
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Cochrane Steel Products Pty Ltd v M-Systems Group Pty Ltd 227 2015 2016 ZASCA 74 27 May 2016
Judges:PONNAN, MBHA, ZONDI, MATHOPO, FOURIE
Case No:227/2015
Judgement Date:2016-05-27
Keywords:Intellectual property – use of the trademark CLEARVU as a keyword in the Google AdWords system – does not constitute unlawful competition or passing off.
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Hangar v Robertson 211 2015 2016 ZASCA 102 10 June 2016
Judges:LEWIS, LEACH, PILLAY, PETSE, DAMBUZA
Case No:211/2015
Judgement Date:2016-06-10
Keywords:Contract – interpretation – contract not too vague to be enforceable.
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Mutual amp Federal v KNS Construction 208 15 2016 ZASCA 87 31 May 2016
Judges:LEWIS, TSHIQI, WILLIS, FOURIE, TSOKA
Case No:208/2015
Judgement Date:2016-05-31
Keywords:Building contract: performance guarantee found to be conditional guarantee akin to suretyship.
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Zulu v S 226 2016 2016 ZASCA 207 21 December 2016
Judges:THERON, WALLIS, WILLIS, MBHA, COPPIN
Case No:226/2016
Judgement Date:2016-12-21
Keywords:Sentence – leave to appeal – misdirections by trial court – failure to take account of time in prison awaiting trial – failure to make allowance for the fact that both offences constituted a single criminal occurrence.
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Kaknis v Absa Bank Limited amp another 08 16 2016 ZASCA 206 15 December 2016
Judges:SHONGWE, WILLIS, MATHOPO, VAN DER MERWE
Case No:08/2016
Judgement Date:2016-12-15
Keywords:Interpretation of statute: National Credit Act 34 of 2005: section 12B(1)(b) inserted by National Credit Amendment Act 19 of 2014: section has no retrospective application and did not invalidate the agreement relied upon by the respondents: summary judgment correctly granted.
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Pasadena v Resca 137 2016 2016 ZASCA 204 15 December 2016
Judges:LEACH, SWAIN, DAMBUZA, MATHOPO, MAKGOKA
Case No:137/2016
Judgement Date:2016-12-15
Keywords:Patent relating to a lockable holster : purposive interpretation : not all integers of respondents’ patent having been used by the appellants in the design of their holster: patent not infringed.
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Salem Party Club v Salem Community 20626 14 2016 ZASCA 203 13 December 2016
Judges:CACHALIA, SERITI, PILLAY, MBHA, DAMBUZA
Case No:20626/2014
Judgement Date:2016-12-13
Keywords:Land claim to the Salem Commonage under Restitution of Land Rights Act 22 of 1994 (the Act): whether requirements for restitution established: Hearsay and expert historical evidence: proper approach to and admissibility of: approach to evidence as decreed in the Act to be applied in a manner consistent with the spirit and purpose of the Act.
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NDPP v Ramlutchman 677 15 2016 ZASCA 202 9 December 2016
Judges:BOSIELO, MATHOPO, VAN DER MERWE
Case No:677/2015
Judgement Date:2016-12-09
Keywords:Prevention of Organised Crime Act 121 of 1998 (POCA) – confiscation order – locus standi of accused person whose estate was sequestrated - s 18(2) of POCA – misdirection by regional court – matter referred back to conduct enquiry in terms of s 18(6) of POCA.
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Minister of Safety amp Security v Booysen 35 2016 2016 ZASCA 201 9 December 2016
Judges:BOSIELO, LEACH, WALLIS, SCHOEMAN, MAKGOKA
Case No:35/2016
Judgement Date:2016-12-09
Keywords:Vicarious liability – on duty police reservist shooting partner with service pistol – whether a sufficient link between the wrongful conduct of the police officer and the business of South African Police Service.
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Gwababa v S 1290 16 2016 ZASCA 200 7 December 2016
Judges:MAYA
Case No:1290/2016
Judgement Date:2016-12-07
Keywords:Leave to appeal – refusal of application by two judges of the SCA in terms of s 17(2) of the Superior Courts Act 10 of 2013 – application to the President of the SCA in terms of s 17(2)(f) to refer the decision to the court for reconsideration and, if necessary, variation – a grave injustice constitutes exceptional circumstances.
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Mabaso v The State 200 2015 2016 ZASCA 29 23 March 2016
Judges:LEACH, ZONDI, FOURIE
Case No:200/2015
Judgement Date:2016-03-23
Keywords:Pointing out by accused person in terms of s 218 of the Criminal Procedure Act 51 of 1977 - flagrant disregard of accused’s constitutional right to legal representation - unlawful production of a confession in the guise of a pointing-out - handwritten notes of pointing-out not read back to accused - notes not constituting admissible probative material - conviction and sentence set aside.
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Windrush Intercontinental SA v UACC Bergshav Tankers AS 556 2015 2016 ZASCA 199 6 December 2016
Judges:MAYA, SHONGWE, WALLIS, DAMBUZA, MAKGOKA
Case No:556/2015
Judgement Date:2016-12-06
Keywords:Admiralty Jurisdiction Regulation Act 105 of 1983 – action in rem – maritime lien – application to set aside deemed arrest in rem of vessel in terms of s 3(4)(a) of the Act to enforce maritime lien for its crew members’ unpaid wages – vessel hijacked by pirates for ransom but pirates releasing vessel and not all crew members despite payment of ransom – pirates’ conduct a supervening event rendering fulfilment of hostage crew members’ employment contracts impossible – hostage crew members’ employment and entitlement to wages ended by supervening impossibility or frustration of performance of employment contracts – no claim for unpaid wages giving rise to a maritime lien enforceable by an action in rem.
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Basson v Hanna 37 2016 2016 ZASCA 198 6 December 2016
Judges:SHONGWE, WILLIS, ZONDI, DAMBUZA, MATHOPO
Case No:37/2016
Judgement Date:2016-12-06
Keywords:Contract: parties’ failure to agree on interest rate in a contract does not render the contract invalid: claim for damages in lieu of specific performance where subject matter of the contract has been alienated, is competent in law.
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Minister of Justice and Correctional Services v Estate Stransham-Ford 531 2015 2016 ZASCA 197 6 December 2016
Judges:LEWIS, SERITI, WALLIS, DAMBUZA, SCHIPPERS
Case No:531/2015
Judgement Date:2016-12-06
Keywords:Applicant suffering in terminal stages of cancer – sought an order that medical practitioner could administer a lethal agent at his request or provide him with a lethal agent that he could administer himself – applicant dying before court granting order – claim ceased to exist – court not entitled to grant order – law in relation to physician administered euthanasia and physician assisted suicide – not appropriate case in which to develop the common law of murder and culpable homicide.

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MEC Department of Education Northwest Province v FEDSAS 021 2016 2016 ZASCA192 01 December 2016
Judges:MAYA, WALLIS, SWAIN, FOURIE, DLODLO
Case No:021/2016
Judgement Date:2016-12-01
Keywords:Education – Powers of the MEC to make regulations relating to the administration of public schools hostels – s 27(1) of the North West Schools Education Act 3 of 1998 – ss 9, 12 and 20(1)(g) of the South African Schools Act 84 of 1996 – interpreted in the light of s 29(1) and 28(2) of the Constitution – hostel regulations within the powers of the MEC.
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Swart v Heine 192 15 2016 ZASCA 16 14 March 2016
Judges:LEWIS, PILLAY, WILLIS, MATHOPO, PLASKET
Case No:192/2015
Judgement Date:2016-03-14
Keywords:Company law - application for rescission of an order enabling enquiry into the affairs of a company in voluntary liquidation in terms of s 417 of the Companies Act 61 of 1973 - ex parte application made to enable enquiry met the requirements of s 388 of the Act - appeal dismissed with costs.
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Patel v NDPP 838 2015 2016 ZASCA 191 01 December 2016
Judges:MAYA, PILLAY, SWAIN, VAN DER MERWE, SCHIPPERS
Case No:838/2015
Judgement Date:2016-12-01
Keywords:Extradition: meaning of extraditable offence in Extradition Act 67 of 1962: double criminality: conduct to be criminal under law of requested State at date of extradition request not date of commission of offence: certificate under s 10(2) of the Extradition Act: conclusive proof that evidence warrants prosecution in foreign State: fugitive liable to be surrendered to foreign State.
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Nuance Investments v Maghilda Investments amp others 189 2016 2016 ZASCA 190 1 December 2016
Judges:TSHIQI, SERITI, WILLIS, VAN DER MERWE, NICHOLS
Case No:32/2016
Judgement Date:2016-12-01
Keywords:Prescription : No evidence that the appellant knew or could by the exercise of reasonable care, have acquired knowledge of the facts giving rise to the invalidity of the sale agreement before the effluxion of the three year period of prescription : Counterclaim : the individual registrations and transfers of ownership in the three individual portions of land with their own cadastral descriptions were effected by separate real agreements and were not prohibited by law.
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MV lsquo Shark Team rsquo v Tallman 190 2015 2016 ZASCA 46 31 March 2016
Judges:CACHALIA, WILLIS, ZONDI, PLASKET, KATHREE-SETILOANE
Case No:190/2015
Judgement Date:2016-03-31
Keywords:Admiralty Jurisdiction Regulation Act 105 of 1983 – maritime claim involving loss of life at sea – boat capsized when struck by unusually large wave – whether skipper of boat negligent – no negligence established – appeal allowed and claim for damages dismissed.

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Smalle v Southern Palace Investments 440 Pty Ltd 121 2016 2016 ZASCA 189 1 December 2016
Judges:LEACH, TSHIQI, PILLAY, MATHOPO, NICHOLLS
Case No:121/2016
Judgement Date:2016-12-01
Keywords:

Defamation: action for damages for defamation based on innuendos: whether statements made in media release and newspaper article were defamatory of the respondents: respondents failed to plead special circumstances: unable to rely on secondary meaning: respondents failed to prove defamatory meaning: court a quo misdirected: appeal upheld.

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Mobile Telephone Networks v Beekmans NO 1139 2015 2016 ZASCA 188 1 December 2016
Judges:LEACH, PETSE, DAMDUZA, MATHOPO, VAN DER MERWE
Case No:1139/2015
Judgement Date:2016-12-01
Keywords:Local authority: building plans: national building regulations: temporary building: must be determined by objective assessment of its nature and purpose: cellular communications base station and mast not a temporary building: building plans wrongly approved.
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Phillips v The State 370 2016 2016 ZASCA 187 1 December 2016
Judges:LEACH, TSHIQI, ZONDI, SCHOEMAN, SCHIPPERS
Case No:370/2016
Judgement Date:2016-12-01
Keywords:The Prevention and Combating of Corrupt Activities Act 12 of 2004 does not limit the penal discretion of the sentencing court: sentence of a fine not appropriate for a public officer convicted of contravening s 4(1)(a)(i)(aa) of the Act: failure by the trial court to have regard to all relevant considerations constitutes a misdirection warranting interference with the sentence imposed.
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Standard Bank v Miracle Mile Investments 187 2015 ZASCA 91 1 June 2016
Judges:LEACH, SALDULKER, SWAIN, MBHA, BAARTMAN
Case No:187/2015
Judgement Date:2016-06-01
Keywords:Prescription – extinctive – claim based on agreement providing for a loan repayable in instalments and containing acceleration clause – only enforceable where creditor has made election to cancel agreement and claim full amount – prescription accordingly commences running upon election being made.
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Hohne v Super Stone Mining Pty Ltd 831 15 2016 ZASCA 186 30 November 2016
Judges:SHONGWE, LEACH, PETSE, WILLIS, NICHOLLS
Case No:831/2015
Judgement Date:2016-11-30
Keywords:Delictual claim : theft of diamonds from employer : admissibility of confessions to the acts in question and admission of the quantum : threat of criminal prosecution and adverse publicity : not contra bonos mores : the creditor not exacting or extorting something to which it was not otherwise entitled : evidence admitted : claim enforceable : appeal dismissed with costs.
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The MEC for Health and Social Development of the Gauteng Provincial Government v Zulu 1020 2015 2016 ZASCA 185 30 November 2016
Judges:MAYA, SWAIN, FOURIE, DLODLO, POTTERILL
Case No:1020/2015
Judgement Date:2016-11-30
Keywords:Delictual damages – ‘once and for all’ common law rule – future medical expenses – lump sum award – section 39(2) of the Constitution – development of common law – payment of future medical expenses as and when required – no proof that access to healthcare services in terms of s 27(1) or s 28(1)(c) of the Constitution compromised by common law rule – law reform more appropriately dealt with by legislature. Contingency Fees Act 66 of 1997 – exclusion of award for future medical expenses from agreement – not permitted.
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Bongokwakhe Bonginkosi Mvubu v the State 518 2016 2016 ZASCA 184 29 November 2016
Judges:LEACH, TSHIQI, ZONDI, SCHOEMAN, SCHIPPERS
Case No:518/2016
Judgement Date:2016-11-29
Keywords:Section 276B(2) of the Criminal Procedure Act 51 of 1977 does not have retrospective application: 30 years’ imprisonment for attempted murder and cumulative effect of sentence of 45 years’ imprisonment excessive: appeal court entitled to interfere with sentence where it is shocking, startling and disturbingly inappropriate: appellate court able to arrive at a definite view as to what sentence it would have imposed.
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S v Motloung 182 15 2016 ZASCA 96 2 June 2016
Judges:CACHALIA, MAJIEDT, VICTOR
Case No:182/2015
Judgement Date:2016-06-02
Keywords:Murder – second offender committing murder whilst on parole – sentenced to 14 years of imprisonment of which six years suspended for five years – sentence startlingly inappropriate having regard to the degree of violence involved in the current and previous offences.
Sentence – s 280(2) Criminal Procedure Act 51 of 1977 (CPA) - court cannot order the Parole Board to take into account the overall impact of the re-imposition of unexpired portion of an earlier sentence when deciding the current sentence
Firearms Control Act 60 of 2000 – has not impliedly repealed s 51(2) of the Criminal Law Amendment Act 105 of 1997 − National Director of Public Prosecutions can elect whether to prosecute under the Firearms Control Act or the Criminal Law Amendment Act 105 of 1997, or both.
Costs – s 316B(3) of CPA − such an order requires both parties to argue the issue − no costs incurred where respondent represented by Legal Aid Board
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Mthimkhulu v The State 1135 15 2016 ZASCA 180 28 November 2016
Judges:SERITI, MATHOPO, VAN DER MERWE, MOCUMIE, NICHOLLS
Case No:1135/2015
Judgement Date:2016-11-28
Keywords:Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition refused by the court a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted.
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Kaywood v S 394 2016 2016 ZASCA 179 28 November 2016
Judges:BOSIELO, TSHIQI, DAMBUZA, SCHOEMAN, NICHOLLS
Case No:394/2016
Judgement Date:2016-11-28
Keywords:Criminal law: appeal against sentences of life imprisonment for rape and 16 years’ imprisonment for attempted murder following a gruesome attack on the complainant: Minimum Sentences Act (105 of 1997) applicable: no substantial and compelling circumstances: sentences not disproportionate to the crimes committed: appeal dismissed.
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FirstRand Bank v Normandie Restaurants 189 2016 2016 ZASCA 178 25 November 2016
Judges:LEWIS, CACHALIA, TSHIQI, WILLIS, DAMBUZA
Case No:189/2016
Judgement Date:2016-11-25
Keywords:Companies Act 71 of 2008: business rescue proceedings: whether a company which is in financial distress has reasonable prospects of being rescued as envisaged in s 131(4)(a) of the Act: a final order for winding-up of the company more beneficial for the creditors.
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Rand Water Board v Big Cedar 22 Pty Ltd 1038 15 2016 ZASCA 177 25 November 2016
Judges:CACHALIA, SERITI, WALLIS, PILLAY, SCHIPPERS
Case No:1038/2015
Judgement Date:2016-11-25
Keywords:Statutory power to lay pipeline across private land – s 24(j) of Act 17 of 1950 – no servitude registered over land in respect of pipeline – property sold to new owners – no right to claim removal of pipeline – court not empowered to order the registration of servitude in respect of pipeline – no claim for compensation by new owner against water board.

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MEC Health Eastern Cape v Mkhitha 1221 15 2016 ZASCA 176 25 November 2016
Judges:CACHALIA, DLODLO, SCHIPPERS
Case No:1221/2015
Judgement Date:2016-11-25
Keywords:Delict – negligence – liability for – causation – person unable to walk and confined to wheelchair after medical treatment for injuries sustained in motor collision – negligence of hospital staff a novus actus interveniens. Leave to appeal – to be granted only if truly reasonable prospects of success or compelling reason for appeal to be heard.
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Brodsky Trading 224CC v Cronimet Chrome Mining SA 39 2016 2016 ZASCA 175 25 November 2016
Judges:CACHALIA, PETSE, SWAIN, MATHOPO, MOCUMIE
Case No:39/2016
Judgement Date:2016-11-25
Keywords:Estate Agency Affairs Act 112 of 1976 – estate agent company converted to close corporation in terms of s 27 of the Close Corporations Act 69 of 1984 – Estate Agency Affairs Board not advised of conversion – fidelity fund certificate issued to non-existent company – certificate invalid – close corporation precluded from recovering commission.

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SABC v Masstores 1221 15 2015 ZASCA 174 25 November 2016
Judges:LEWIS, WALLIS, ZONDI, SCHOEMAN, SCHIPPERS
Case No:914/2015
Judgement Date:2016-11-25
Keywords:Meaning of ‘sell’ in s 27(4) of the Broadcasting Act 4 of 1999 – whether mere agreement of sale or sale completed by delivery contemplated – dealer selling television sets to customer where goods stored at customer’s premises and delivery not made – sale not concluded pending customer obtaining requisite television licence – no breach of s 27(4) – customer not liable for penalties – application for special leave to appeal refused.
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Urban Hip Hotels v KCarrim 1177 2015 2016 ZASCA 173 25 November 2016
Judges:LEWIS, SHONGWE, PETSE, WILLIS, VAN DER MERWE
Case No:1177/2015
Judgement Date:2016-11-25
Keywords:Contract - interpretation - term contended for by the appellant excluded by clear terms of the agreement - clear terms cannot be altered by contextual evidence of implementing the contract.
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Radebe v S 1163 15 2016 ZASCA 172 24 November 2016
Judges:BOSIELO, PILLAY, PETSE
Case No:1163/2015
Judgement Date:2016-11-24
Keywords:Criminal Law and Procedure – appeal against the refusal of application for leave to appeal by high court following a refusal to grant leave to appeal against both the conviction and sentence by the trial court – Section 16(1)(b) of the Superior Courts Act 10 of 2013.
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Plekenpol v The State 722 15 2016 ZASCA 171 24 November 2016
Judges:BOSIELO, PILLAY, PETSE
Case No:722/2015
Judgement Date:2016-11-24
Keywords:Sentence: fatal assault with knobkierie: subsequent robbery: plea of guilty to murder read with Criminal Law Amendment Act 105 of 1997 and robbery: appeal against sentence of 24 years’ imprisonment for murder only: failure to consider the Criminal Law Amendment Act 105 of 1997 misdirection: 24 years’ imprisonment found to be too harsh, inappropriate and amounts to misdirection interference on appeal warranted.
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FirstRand Bank Limited t a First National Bank v Makaleng 034 16 2016 ZASCA 169 24 November 2016
Judges:SHONGWE, TSHIQI, SERITI, WILLS, MAKGOKA
Case No:034/2016
Judgement Date:2016-11-24
Keywords:Civil Procedure: an order by the high court postponing, sine die, an application for default judgment, and directing the appellant to file, at the next hearing within not less than six months of the said order, an affidavit detailing attempts to prevent foreclosure, is not appealable. Appeal struck from the roll for lack of jurisdiction.
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Freshvest Investments Pty Ltd v Marabeng Pty Ltd 1030 2015 2016 ZASCA 168 24 November 2016
Judges:SHONGWE, LEACH, WILLIS, FOURIE, NICHOLLS
Case No:1030/2015
Judgement Date:2016-11-24
Keywords:Winding-up application: respondent disputing debt on bona fide and reasonable grounds: court a quo referring matter to oral evidence: winding-up proceedings not designed for the enforcement of disputed debts.
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Macassar Land Claims Committee v Maccsand CC 201 2016 2016 ZASCA 167 23 November 2016
Judges:MAYA, WALLIS, FOURIE, SCHOEMAN, DLODLO
Case No:201/2016
Judgement Date:2016-11-23
Keywords:Restitution of Land Rights Act 22 of 1994 – Land Claims Court – powers – claim for restitution of commonage – mining right in terms of Mineral and Petroleum Resources Development Act 28 of 2002 – whether Land Claims Court has power to order the expropriation of right and its expungement.
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Mbhele v MEC for Health for the Gauteng Province 355 15 2016 ZASCA 166 18 November 2016
Judges:CACHALIA, TSHIQI, THERON, MOCUMIE, FOURIE
Case No:355/2015
Judgement Date:2016-11-18
Keywords:Delict - failure to take reasonable care to prevent stillbirth - Claim for emotional shock - damages awarded in the amount of R100 000 - claim for constitutional damages based on the right to rear a child - not sustainable.
Practice - requirements of stated case in terms of Uniform rule 33 - facts must be stated with adequate clarity and specificity - role of a trial Judge.
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UFS v Afriforum amp another 2016 ZASCA 165 17 November 2016
Judges:CACHALIA, SWAIN, MATHOPO, FOURIE, SCHIPPERS
Case No:929/2016
Judgement Date:2016-11-17
Keywords:Appeal in terms of s 18(4)(ii) of the Superior Courts Act 10 of 2013 (the Act) against the implementation of an order pending an appeal: the requirements for the granting of an order in terms of s 18 of the Act considered: appeal upheld due to applicant’s failure to prove the existence of ‘exceptional circumstances’ and to discharge the onus imposed by s 18(3) to show irreparable harm: circumstances justifying a costs order against the unsuccessful applicant.
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Wishart v Billiton 162 2016 2016 ZASCA 164 16 November 2016
Judges:LEWIS, CACHALIA, MATHOPO, MOCUMIE, MAKGOKA
Case No:162/2016
Judgement Date:2016-11-16
Keywords:Section 44(1) of the Insolvency Act 24 of 1936 applies to the proof of claims in the winding-up of companies and fixes a time-period for such proof, and for making a claim after the expiry of the time period with the leave of the Master or a court.
Only the Master has the power to expunge a claim under s 407 of the Companies Act 61 of 1973; a court has the power to review the Master’s decision made under the section.
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Lucky Star Ltd v Lucky Brands Pty Ltd 164 2015 2016 ZASCA 77 27 May 2016
Judges:PONNAN, PETSE, SWAIN, DAMBUZA, KATHREE-SETILOANE
Case No:164/2015
Judgement Date:2016-05-27
Keywords:Trade Marks Act 194 of 1993 – ss 34(1)(a)(b) and (c) – infringement – trade mark sufficiently dissimilar to registered trade mark – likelihood of deception or confusion not established – Companies Act 71 of 2008 – s 11(2) – company name not confusingly similar to appellants company names and registered trade marks.
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Kruger v Joint Trustees 1121 2015 2016 ZASCA 163 10 November 2016
Judges:MPATI, WILLIS, SALDULKER, DAMBUZA, POTTERILL
Case No:1121/2015
Judgement Date:2016-11-10
Keywords:Banking Law: unregistered person conducting the business of a bank in contravention of certain provisions of the Banks Act 94 of 1990: appointment of a repayment administrator in terms of s 84 of Banks Act to recover and take possession of assets of the unregistered person: extent of powers of repayment administrator: unregistered person subsequently sequestrated and trustees appointed: effect of powers of trustees on those of repayment administrator.
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Ndaba v Ndaba 600 2015 2016 ZASCA 162 4 November 2016
Judges:MPATI, SERITI, PETSE, SWAIN, MAKGOKA
Case No:600/2015
Judgement Date:2016-11-04
Keywords:Marriage - Divorce - parties married in community of property - pension interest - entitlement of non-member spouse under ss 7(7)(a) and 7(8)(a) of Divorce Act 70 of 1979 - pension interest of member spouse as at date of divorce is by operation of law part of the joint estate for the purpose of determining the parties’ patrimonial benefits - no order required in terms of s 7(7)(a).
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The Helen Suzman Foundation v Judicial Service Commission 145 2015 2015 ZASCA 161 2 November 2016
Judges:MAYA, MAJIEDT, MBHA, DAMBUZA, FOURIE
Case No:145/2015
Judgement Date:2016-11-02
Keywords:Recording of the private deliberations on judicial appointments by the Judicial Service Commission, properly conducted in terms of the Judicial Service Commission Act 9 of 1994 and regulation 3(k) made thereunder, does not form part of the record of its proceedings for purposes of Uniform rule 53(1)(b) – constitutional principles of openness and accountability are not absolute and the JSC is entitled to raise the defence of confidentiality to a rule 53 demand for the disclosure of the recordings of its private deliberations.
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Hotz v UCT 730 2016 2016 ZASCA 159 20 October 2016
Judges:NAVSA, BOSIELO, THERON, WALLIS, MATHOPO
Case No:730/2016
Judgement Date:2016-10-20
Keywords:Interdict – student protests – requisites for the grant of an interdict – whether requisites satisfied – nature of relief to be granted
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City of Cape Town v Khaya Pty Ltd 158 15 2016 ZASCA 107 26 July 2016
Judges:MAYA, MAJIEDT, SERITI, WILLIS, VICTOR
Case No:158/2015
Judgement Date:2016-07-26
Keywords:Constitution - right to adequate housing – private construction company not an organ of state and incurs no constitutional obligations independent of any statutory or contractual obligations when it contracts to build low cost housing funded by the State - houses allegedly defectively built – arbitration pending between developer and construction company – City of Cape Town not a party to the arbitration and has no locus standi to have the arbitration declared lapsed – principle of subsidiarity applies where parties seek to enforce socio economic rights – should first rely on existing statutes or challenge those instruments as unreasonable.
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Mitchell NO v Wren 153 2015 2016 ZASCA 50 1 April 2016
Judges:LEACH, SERITI, PETSE, MBHA, KATHREE-SETILOANE
Case No:153/2015
Judgement Date:2016-04-01
Keywords:Will - two notes written by deceased immediately before her death –wording of notes and circumstances under which they were written manifesting that deceased intended them to be an amendment of her existing will - no direct evidence as to which written last - surrounding circumstances and probabilities as a whole indicating that one of the notes was written after the other and was to be accepted as a codicil to deceased’s existing will.
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Snyers v Mgro Properties Pty Ltd 20816 2014 ZASCA 151 30 September 2016
Judges:MHLATHLA, LEACH, WILLIS, ZONDI, MATHOPO
Case No:20816/2014
Judgement Date:2016-09-30
Keywords:Land – Extension of Security of Tenure Act 62 of 1997 (ESTA) – notice given of eviction in terms of s 8 of ESTA not valid if given before CCMA makes determination on labour dispute – failure to satisfy the requirements for a valid notice of eviction in respect of an occupier previously employed by landowner – notice properly given to spouse – right to family life in terms of s 6(2)(d) of ESTA prevents eviction of one spouse while the other remains.
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Eskom Holdings Limited v Halstead-Cleak ZASCA 150 30 September 2016
Judges:LEWIS, WILLIS, SCHOEMAN, FOURIE, MAKGOKA
Case No:599/2015
Judgement Date:2016-09-30
Keywords:Section 61 of the Consumer Protection Act 68 of 2008 does not create strict liability on the part of a supplier of electricity if the plaintiff is not a consumer vis-à-vis it.
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Muller v Sanlam 1162 2015 2016 ZASCA 149 30 September 2016
Judges:LEWIS, SERITI, WILLIS, FOURIE, POTTERILL
Case No:1162/2015
Judgement Date:2016-09-30
Keywords:Procedure: Application for reinstatement of an appeal and condonation for late compliance with rules of court refused because of extreme and inexplicable delay, and no reasonable prospects of success on appeal.
Prescription: Debt of long term insurer becomes due when insured dies and beneficiary has knowledge of the death and of the existence of the policy.
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Gowar v Gowar 149 2015 2016 ZASCA 101 9 June 2016
Judges:MAYA, MAJIEDT, PETSE, VICTOR, BAARTMAN
Case No:149/2015
Judgement Date:2016-06-09
Keywords:Trust and trustee - removal from office on grounds of misconduct - power of the high court to remove trustee under the common law not abrogated by s 20(1) of the Trust Property Control Act 57 of 1988. Trust - termination of - power of the court in terms of s 13 of the Trust Property Control Act to terminate a trust circumscribed.
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Gumede v The State 800 2015 2016 ZASCA 148 30 September 2016
Judges:BOSIELO, SWAIN, ZONDI, MOCUMIE, DLODLO
Case No:800/2015
Judgement Date:2016-09-30
Keywords:Evidence obtained as a result of an unlawful search in violation of right to privacy – evidence of pointing out obtained after failure to explain consequences of not remaining silent and co-ercion – detrimental to administration of justice – evidence inadmissible in terms of s 35(5) of the Constitution.
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Tamryn Manor v Stand 1192 Johannesburg 785 15 2016 ZASCA 147 30 September 2016
Judges:MAYA, BOSIELO, SALDULKER, VAN DER MERWE, FOURIE
Case No:785/2015
Judgement Date:2016-09-30
Keywords:A written agreement for the sale of an immovable property in respect of which the party who signed the agreement as the purchaser is not the true purchaser as a result of a bona fide error common to the parties: the agreement is capable of rectification to reflect the true purchaser where ex facie the document all the essential elements for a valid contract for the sale of land have been met.
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Pepkor Retail Pty Ltd v Truworths Ltd 900 2015 2016 ZASCA 146 30 September 2016
Judges:NAVSA, CACHALIA, ZONDI, MATHOPO, VAN DER MERWE
Case No:900/2015
Judgement Date:2016-09-30
Keywords:Trade mark - registered trade mark THE LOOK used in fashion retail industry - mark has no inherent or acquired distinctiveness - removal from the trade mark register ordered.
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Padachie v The Body Corporate of Crystal Cove 704 2015 2016 ZASCA 145 30 September 2016
Judges:MAYA, PETSE, WILLIS, FOURIE, MAKGOKA
Case No:704/2015
Judgement Date:2016-09-30
Keywords:Arbitration - Arbitration Act 42 of 1965 - statement of case to court in terms of s 20(1) refused for being imprecise - appellant making a qualified request for referral to court - such request impermissible - s 20(1) only applicable where questions of law arise during the course of arbitration - party to an arbitration not entitled to refer to court the very issues referred for arbitration - Arbitrator did not deprive appellant of his right in terms of s 20 to approach court.
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Foxlake Investments v Ultimate Raft Foundation Design 144 15 2016 ZASCA 54 01 April 2016
Judges:MAYA, SERITI, PILLAY, WILLIS, VICTOR
Case No:144/2015
Judgement Date:2016-04-01
Keywords:Civil Procedure and Practice – an order amending the incorrect description of a defendant in a summons does not amount to a substitution of the defendant where the summons was served at the offices and on the director shared by the incorrectly cited party and the true defendant who was clearly recognisable from the original summons – original summons complied with the requirements of s 15(1) of the Prescription Act 68 of 1969 and service thereof interrupted running of prescription.
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State Information Technology Agency Soc v Gijima Holdings 641 2015 2016 ZASCA 143 30 September 2016
Judges:CACHALIA, BOSIELO, TSHIQI, VAN DER MERWE, DLODLO
Case No:641/2015
Judgement Date:2016-09-30
Keywords:Promotion of Administrative Justice Act 3 of 2000 (PAJA) : applicability to organ of state seeking to set aside its own decision : legality review not available when PAJA applies.
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Primedia Broadcasting v Speaker 784 2015 2016 ZASCA 142 29 September 2016
Judges:LEWIS, CACHALIA, TSHIQI, SWAIN, ZONDI
Case No:784/2015
Judgement Date:2016-09-29
Keywords:Constitutional law: Parliament: The rules and policy adopted by Parliament governing the broadcast of disorder in the Parliamentary Chamber violate the public’s right to an open Parliament and are unconstitutional and unlawful. The disruption of the cell phone signal in Parliament during the State of the Nation address was in contravention of the s 4(1) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004 and was unlawful.
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Afgri Corporation Ltd v Eloff 20474 2014 2016 ZASCA 141 29 September 2016
Judges:MAYA, BOSIELO, THERON, VAN DER MERWE, MAKGOKA
Case No:20474/2014
Judgement Date:2016-09-29
Keywords:Contract - acknowledgement of debt and undertaking to pay - evidence contradicting the terms of the agreement rendered inadmissible by the parol evidence rule - judgment granted in terms of the agreement.

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EThekwini Municipality v Breakers Share Block Limited 42 2016 2016 ZASCA 140 29 September 2016
Judges:MPATI, SHONGWE, SWAIN, MOCUMIE, POTTERILL
Case No:42/2016
Judgement Date:2016-09-29
Keywords:Contract – Lease agreement - Interpretation of – Reference in original lease agreement to ‘floor area’ being determined, for calculating rental payable – amendment to relevant clause providing ‘floor area’ to be calculated in accordance with town planning scheme – whether amendment indicates change in method of calculating ‘floor area’.
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Municipal Employees Pension Fund v The Natal Joint Municipal Pension Fund 562 2015 2016 ZASCA 139 29 September 2016
Judges:MAYA, THERON, WALLIS, ZONDI, SCHOEMAN
Case No:562/2015
Judgement Date:2016-09-29
Keywords:Pension funds – local authorities in KwaZulu-Natal obliged to associate as employer with one or more of the respondents – not entitled to associate with appellant fund to the exclusion of the respondents – local authority employees obliged to be members of one of the respondents.
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Gees v The Provincial Minister of Cultural Affairs and Sport 974 2015 2015 ZASCA 136 29 September 2016
Judges:MAYA, BOSIELO, SERITI, FOURIE, DLODLO
Case No:974/2015
Judgement Date:2016-09-29
Keywords:Provincial heritage resources authority granting a permit in terms of s 34 of the National Heritage Resources Act 25 of 1999 for the demolition of a structure older than 60 years situated on a property with no formal heritage status: in so doing conditions were imposed controlling future development on the property: held that such conditions were lawfully imposed.

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CSARS v Van der Merwe NO 598 2015 2016 ZASCA 138 29 September 2016
Judges:LEWIS, THERON, WALLIS, PETSE, DAMBUZA
Case No:598/2015
Judgement Date:2016-09-29
Keywords:Customs and Excise Act 91 of 1964 - ss 20(4), 38, 39 and 114 do not create an embargo in favour of the Commissioner preventing a liquidator from taking possession of property in terms of the Insolvency Act 24 of 1936 until duty and VAT is paid.
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Van Heerden v Regional Court Magistrate Paarl 883 2015 2016 ZASCA 137 29 September 2016
Judges:LEWIS, TSHIQI, ZONDI, VAN DER MERWE, MAKGOKA
Case No:883/2015
Judgement Date:2016-09-29
Keywords:Criminal Law and Procedure – Review – whether there was an informal plea agreement between the appellant and the State – Disputes of fact arising from the respective versions not capable of resolution on the papers – State’s version not far-fetched.
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Trinity Asset Management Pty Ltd v Grindstone Investments Pty Ltd 1040 15 2016 ZASCA 135 29 September 2016
Judges:BOSIELO, THERON, WILLIS, SWAIN, DLODLO
Case No:1040/2015
Judgement Date:2016-09-29
Keywords:Prescription : the date upon which a debt becomes due must not be conflated with that when repayment thereof is demanded : a debt which is repayable on demand becomes due the moment the money is lent to the debtor : claim prescribed : appeal dismissed with costs.
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Mbele v Road Accident Fund 799 15 2016 ZASCA 134 29 September 2016
Judges:SHONGWE, SALDULKER, SWAIN, ZONDI, DLODLO
Case No:799/2015
Judgement Date:2016-09-29
Keywords:Road Accident Fund Act 56 of 1996 – a claim for future medical expenses based on an undertaking in terms of s 17(4)(a)(i) of the Act in respect of an action for damages arising from a motor vehicle accident lodged in terms of s 17(1) of the Act is not subject to prescription under the Prescription Act 68 of 1969, instead, s 23(3) of the Road Accident Fund Act as it read prior to its amendment in 2008 is applicable.
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Dobsa v Dlamini Advisory Services Dlamini Advisory Services v Dobsa 050 2016 2016 ZASCA 131 28 September 2016
Judges:BOSIELO, PETSE, MATHOPO, MOCUMIE, SCHOEMAN
Case No:050/2016
Judgement Date:2016-09-28
Keywords:Civil Procedure - Costs - Award of costs is at the discretion of the court of first instance - Power of appellate court to interfere with the exercise of such judicial discretion circumscribed.
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The Registrar of Pension Funds v British American Tobacco Pension Fund 664 2015 2016 ZASCA 130 28 September 2016
Judges:CACHALIA, SHONGWE, PETSE, DANBUZA, DLODLO
Case No:664/2015
Judgement Date:2016-09-28
Keywords:Pension Funds Act 24 of 1956: interpretation : whether s 15H(1) overrides s 15D(2) read with ss 15A(2) and 15A(4).
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ACSA v Exclusive Books 945 2015 2016 ZASCA 129 27 September 2016
Judges:LEWIS, SHONGWE, WILLIS, ZONDI, POTTERILL
Case No:945/2015
Judgement Date:2016-10-27
Keywords:Contract: where a lease is terminable on the giving of reasonable notice, the lease must be interpreted to determine what is reasonable in the circumstances; an application for eviction of a lessee must be determined on the basis of the averments made by the applicant that are not disputed by the respondent, and the version of the respondent that is not implausible, far-fetched or not credible.
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Absa Technology Finance Solutions v Fulela Trade and Invest 519 2015 2016 ZASCA 127 26 September 2016
Judges:LEWIS, SHONGWE, SWAIN, DAMBUZA, MOCUMIE
Case No:519/2015
Judgement Date:2016-09-26
Keywords:Absolution from the instance erroneously granted – no onus to prove admitted issue – matter remitted to trial court.
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Scheibert v Allen 694 2015 2015 ZASCA 126 26 September 2016
Judges:LEWIS, SHONGWE, WILLIS, SALDULKER, DAMBUZA
Case No:694/2015
Judgement Date:2016-09-26
Keywords:Contract: damages for breach of warranty: onus on plaintiff to prove diminution in value of property as a result of breach of warranty: the evidence must show an adverse difference between the purchase price and the market value of the property: the purchase price paid for the property was lower than its market value: breach of warranty did not result in loss of value of the property.
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Shelton v Eastern Cape Development Tribunal 489 2015 2016 ZASCA 125 26 September 2016
Judges:LEWIS, WALLIS, WILLIS, SALDULKER, POTTERRIL
Case No:489/2015
Judgement Date:2016-09-26
Keywords:Constitutional law – Practice – Construction of judgments and orders – Principles applicable – When Chapters V and VI of the Development Facilitation Act 67 of 1995 declared invalid, by Constitutional Court, declaration of invalidity suspended for 24 months on conditions – Suspension period expiring without enactment of remedial legislation – court order not granting tribunal power to decide application after expiry of suspension period – appeal upheld.
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Khobane v S 887 15 2016 ZASCA 124 26 September 2016
Judges:SHONGWE, WILLIS, DAMBUZA, MATHOPO, MOCUMIE
Case No:887/2015
Judgement Date:2016-10-26
Keywords:Sentence – Criminal Law Amendment Act 105 of 1997 (the Act) – Appellant sentenced to 15 years’ imprisonment for theft of R3 million from ATMs in terms of the Act – Charge sheet made no mention of possibility of sentence in terms of the Act – Magistrate also failed inter alia to warn the appellant at commencement of trial that if convicted he faced the risk of a sentence imposed in terms of the Act – Criminal petitions procedure requiring convoluted process – Appeal against the high court’s dismissal of the petition against regional court sentence upheld – Leave granted to appeal against sentence.
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Dube v The State 89 16 2016 ZASCA 123 22 September 2016
Judges:MAYA, TSHIQI, THERON, SERITI, DLODLO
Case No:86/2016
Judgement Date:2016-09-22
Keywords:Criminal Law – Rape of daughter by biological father on two separate occasions on the same day – daughter falling pregnant – charged on two counts of rape in terms of section 51 of the Criminal Law Amendment Act 105 of 1997 – entered plea of guilty in terms of section 112(2) of the Criminal Procedure Act 51 of 1977 – convicted on two counts of rape – defect in charge sheet did not render the proceedings invalid – sentence of life imprisonment appropriate.
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SANRAL v City of Cape Town 66 2016 2016 ZASCA 122 22 September 2016
Judges:NAVSA, CACHALIA, WALLIS, PETSE, MOCUMIE
Case No:66/2016
Judgement Date:2016-09-22
Keywords:The South African National Roads Agency Limited and National Roads Act 7 of 1998 : Declaration of national road as toll road in terms of s 27 of the Act : Application to review and set aside a) an application by South African National Roads Agency Limited (SANRAL) to Minister of Transport (Minister) for approval of declaration of toll road; and b) decision by the Minister to approve declaration as toll road : delay in bringing review : delay unreasonable but interests of justice nevertheless requiring that condonation be granted : SANRAL’s board had not in fact taken decision to seek Minister’s approval : later attempt to rectify omission invalid : Minister misconstruing function in approving declaration : approval set aside : cross-appeal : claim for interdict in relation to possible future contract : application premature.
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CSARS v Marula Platinum Mines 218 2015 2015 ZASCA 121 22 September 2016
Judges:NAVSA, CACHALIA, TSHIQI, MATHOPO, FOURIE
Case No:218/2015
Judgement Date:2016-09-22
Keywords:Interpretation of s 23F(2) of the Income Tax Act 58 of 1962 (the ITA), read with the definition of ‘trading stock’ in s 1 of the ITA and the application thereof to the respondent’s business operations: such operations involving a manufacturing process: respondent excluded unquantified sales of concentrate from its gross income under s 24M of the ITA: commissioner entitled to invoke s 23F(2) of the ITA by disallowing a percentage of the s 11(a) deductions claimed by respondent.
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Law Society of the Northern Provinces v Kyle 2015 2016 ZASCA 120 19 September 2016
Judges:NAVSA, CACHALIA, PETSE, WILLIS, SALDULKER
Case No:246/2015
Judgement Date:2016-09-19
Keywords:Attorney: Section 22(1)(d) of Attorneys Act 53 of 1979 : misconduct : appropriate sanction : court a quo misdirecting itself in the exercise of its discretion : attorney suspended from practice until such time as he satisfies the court that he is a fit and proper person to resume practice as an attorney.
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Media 24 Books Pty Ltd v Oxford University Press SA Pty Ltd 886 2015 2016 ZASCA 119 16 September 2016
Judges:NAVSA, THERON, WALLIS, PETSE, WILLIS
Case No:886/2015
Judgement Date:2016-09-16
Keywords:Copyright – dictionary – proof of copying – correspondence of example sentences in bilingual dictionary directed at learners aged ten to sixteen – similarity raising suspicion of copying – evidence by compilers of methods used to compile example sentences – lack of access and reference to appellant’s dictionary – explanation for similarity that such inevitable in a work of this type – disputes of fact not resolved by trial – onus of proving copying not discharged on the basis of similarity alone.

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Yuppiechef Holdings Pty Ltd v Yuppie Gadgets Holdings Pty Ltd 1088 2015 2016 ZASCA 118 15 September 2016
Judges:LEWIS, WALLIS, SWAIN, DAMBUZA, SCHOEMAN
Case No:1088/2015
Judgement Date:2016-09-15
Keywords:Trade mark – online retailer – whether mark used in relation to goods in respect of which mark registered – s 2(3)(a) of Trade Marks Act 194 of 1993 – whether marks confusingly similar or calculated to deceive – registered mark a composite of words in common use – attempt to secure a monopoly in the word ‘Yuppie’ – no likelihood of confusion – marks not similar in terms of s 34(1)(c) of Trade Marks Act – no passing off.
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Wingate-Pearse v CSARS 830 2015 2016 ZASCA 109 1 September 2016
Judges:LEWIA, CACHALIA, TSHIQI, THERON, WALLIS
Case No:830/2015
Judgement Date:2016-09-01
Keywords:Appeal from Tax Court – s 133(1) of Tax Administration Act 28 of 2011 – only decisions under ss 129 and 130 appealable – interlocutory ruling on onus and duty to begin not a decision in terms of s 129(1) and (2) – ruling not appealable.
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The SA Hackney Pony Breeders rsquo Society v Majiet 131 2015 2016 ZASCA 108 31 August 2016
Judges:CACHALIA, SERITI, MOCUMIE, FOURIE, POTTERILL
Case No:131/2015
Judgement Date:2016-08-31
Keywords:Review: Whether cross-breed of hackney horse and hackney pony eligible for registration as hackney pony: Interpretation of breeders’ society’s constitution and by-laws: Application of Animal Improvement Act 62 of 1988.
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Monye v S 107 16 ZASCA 111 02 September 2016
Judges:BOSIELO, ZONDI, VAN DER MERWE, SCHOEMAN, POTTERILL
Case No:107/2016
Judgement Date:2016-09-02
Keywords:Sentence - Appeal against sentence of life imprisonment for murder - appellants the middlemen in contract killing - only co-operated with police and admitted guilt after conviction - no true remorse - no substantial and compelling circumstances to depart from minimum sentence - sentences confirmed on appeal.
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Chapeikin v Mini 103 2015 2016 ZASCA 105 14 July 2016
Judges:MPATI, CACHALIA, WALLIS, TSOKA, KATHREE-SETILOANE
Case No:103/2015
Judgement Date:2016-07-14
Keywords:Delict - medical malpractice - general practitioners - whether failure to refer patient with unusual stroke to hospital for specialised treatment constitutes negligence - causation - whether patient’s sequelae could have been prevented by referral to hospital - no causal link between the alleged negligence and sequelae.
Practice and procedure - Rule 33(4) of the Uniform rules - trials - order separating merits from quantum not desirable where issues are inextricably linked.
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Abbott v Overstrand Municipality 99 2015 2016 ZASCA 68 20 May 2016
Judges:LEWIS, CACHALIA, TSHIQI, FOURIE, BAARTMAN
Case No:99/2015
Judgement Date:2016-05-20
Keywords:Application for the review and setting aside of a municipality’s decision to refuse to take steps to prevent damage being caused to immovable property by flooding – failure to prove that the municipality had the legal authority or obligation to take such steps – requirements for reliance on the doctrine of legitimate expectation also not met.
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Madalane v Van Wyk 87 2015 2016 ZASCA 25 18 March 2016
Judges:PONNAN, ZONDI, PLASKET
Case No:87/2015
Judgement Date:2016-03-18
Keywords:Locus standi in judicio – mother purporting to institute action on behalf of her adult daughter – lacks locus standi to do so.
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Nndanduleni v The State 84 2014 2016 ZASCA 51 1 April 2016
Judges:LEACH, ZONDI, PLASKET
Case No:84/2014
Judgement Date:2016-04-01
Keywords:Criminal Procedure – court a quo granted leave to appeal against conviction on some charges and refused leave on others – appellant applying for leave to appeal against conviction on those charges in respect of which leave was refused – appellants found guilty on the basis of common purpose – sentence – cumulative effect.
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Trustco Group International Pty Ltd v Vodacom Pty Ltd 82 2015 2016 ZASCA 56 1 April 2016
Judges:NAVSA, WALLIS, PETSE, TSOKA, KATHREE-SETILOANE
Case No:82/2015
Judgement Date:2016-04-01
Keywords:Power of Registrar of Patents to extend time periods within which any act or thing is required to be done in terms of the Patents Act 57 of 1978 – provisions of s 16(2) of the Act not limited by Regulation 83, which sets the times for filing a counterclaim in relation to an application for restoration of a patent.
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Compensation Solutions Pty Ltd v The Compensation Commissioner 072 2015 2016 ZASCA 59 13 April 2016
Judges:MAYA, CACHALIA, PILLAY, PETSE, DAMBUZA
Case No:072/2015
Judgement Date:2016-04-13
Keywords:Contempt of court – repeated failure by the Compensation Commissioner to comply with a settlement order of which he was aware – settlement order has the full force of a court order – commissioner not establishing reasonable doubt that his non-compliance was not wilful and mala fide –appellant proved requisites for civil contempt of court and the commissioner’s committal to prison therefor.
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Mohapi v De Beers Pension Fund 64 2015 2016 ZASCA 14 11 March 2016
Judges:CACHALIA, TSHIQI, PILLAY, SWAIN, VICTOR
Case No:64/2015
Judgement Date:2016-03-11
Keywords:Pension Fund Rules – Interpretation – member’s entitlement to retirement on the grounds of medical infirmity – precluded where member fairly dismissed from employment – also precluded where employer of the opinion that member not incapable of carrying working on the ground of medical infirmity.
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CSARS v Coltrade International 54 2015 2016 ZASCA 53 1 April 2016
Judges:NAVSA, LEACH, TSHIQI, ZONDI, KATHREE-SETILOANE
Case No:54/2015
Judgement Date:2016-04-01
Keywords:Customs duty levied under Customs and Excise Act 91 of 1964 – principles to be applied in interpreting the Schedule to the Act - correct tariff to be applied in respect of coconut milk, coconut cream and coconut powder.
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Viking Inshore Fishing Pty Ltd v Mutual and Federal Insurance Co Ltd 41 2015 2016 ZASCA 21 18 March 2016
Judges:MAYA, WALLIS, SALDULKER, SWAIN, VICTOR
Case No:41/2015
Judgement Date:2016-03-18
Keywords:Marine Insurance – hull policy – Inchmaree clauses – vessel lost in collision as a result of negligence – whether claim for indemnity barred by virtue of a breach of a Merchant Shipping Act warranty – application of warranty – whether collision resulting from a want of due diligence by the owner.
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City of Tshwane Metropolitan Municipality v PJ Mitchell 38 2015 2015 ZASCA 1 29 January 2016
Judges:MPATI, BOSIELO, SALDULKER, ZONDI, BAARTMAN
Case No:38/2015
Judgement Date:2016-01-29
Keywords:Local Government – Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 creating charge on land (hypothec) in favour of municipality for debt due to it for rates, taxes and services – hypothec not extinguished upon transfer – municipality must comply with jurisdictional requirements in terms of own by-laws before pursuing owner for debt.
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Masilo v Betterbridge 37 2015 2016 ZASCA 73 25 May 2016
Judges:CACHALIA, SERITI, WILLIS, MBHA, VICTOR
Case No:37/2015
Judgement Date:2016-05-25
Keywords:Prescription – extinctive prescription – delay in completion – debt object of claim filed against company in liquidation – claim withdrawn after ‘admitted to proof’ under s 44 of the Insolvency Act 24 of 1936. Whether prescription delayed in terms of s 13(1)(g) of the Prescription Act 68 of 1969.
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Renasa Insurance Company Limited v Watson 32 2014 2016 ZASCA 13 11 March 2016
Judges:PONNAN, TSHIQI, SALDULKER, MBHA, FOURIE
Case No:32/2015
Judgement Date:2016-03-11
Keywords:Insurance policy - alleged fraudulent claim - arson - insurer failing to discharge onus of proving that insured was the arsonist or that insured is precluded from claiming loss due to his failure to take reasonable steps and precautions to prevent the loss.
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Essop v S 31 2016 2016 ZASCA 114 12 September 2016
Judges:BOSIELO, ZONDI, VAN DER MERWE, SCHOEMAN, POTTERILL
Case No:31/2016
Judgement Date:2016-09-12
Keywords:Criminal Procedure: appeal against refusal by court below to grant leave to appeal on petition: test is whether the appellant has reasonable prospects of success on appeal: leave to appeal against refusal of petition is granted.
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Ntlanyeni v The State 015 2016 2016 ZASCA 3 25 February 2016
Judges:TSHIQI, WALLIS, DAMBUZA, PLASKET, TSOKA
Case No:015/2016
Judgement Date:2016-02-25
Keywords:Reconsideration of an application for leave of appeal under s 17(2)(f) of the Superior Courts Act 10 of 2013 – lodging an application for reconsideration outside stipulated one month period – there is no time limit where the President of the Supreme Court of Appeal refers an order for reconsideration mero motu.
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Minister of Safety and Security v Tembop Recovery 006 15 2016 ZASCA 52 1 April 2016
Judges:LEACH, SALDULKER, DAMBUZA, MATHOPO, BAARTMAN
Case No:006/2015
Judgement Date:2016-04-01
Keywords:Civil Procedure - Uniform rules of court - application to strike out the defence in application for return of items seized in terms of warrant of search and seizure - where such application is made, and criminal proceedings are pending or have been reinstituted, court must consider the interests of justice, policy and public considerations in the exercise of its discretion to grant order - court should be loath to issue civil declaratory orders in matters which are the subject of criminal proceedings.
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Director of Public Prosecutions Western Cape v Kock 20841 2014 2015 ZASCA 197 1 December 2015
Judges:NAVSA, LEWIS, PILLAY, MBHA, ZONDI
Case No:20841/2014
Judgement Date:2015-12-01
Keywords:Criminal Procedure Act 51 of 1977 (CPA) – section 316B of the CPA grants the State the right to appeal against a sentence imposed by a superior court sitting as a court of first instance to the Supreme Court of Appeal – no provision in the CPA enabling the State to appeal against a sentence imposed by a superior court sitting as a court of appeal against sentence imposed by a regional court – no such right provided for in s 16(1)(b) read with s 17(1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – this court has no jurisdiction – appeal struck from the roll.
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Merck Sharpe Dohme Group v Cipla Agrimed Pty Ltd 20282 2014 2015 ZASCA 175 27 November 2015
Judges:PONNAN, THERON, WALLIS, PETSE, WILLIS
Case No:20282/2014
Judgement Date:2015-11-27
Keywords:Patent – alleged lack of novelty – requirements of disclosure and enablement – selection patent – conditions for validity of.
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Motor Industry Staff Association v Macun NO amp others 20819 2014 2015 ZASCA 190 30 November 2015
Judges:NAVSA, LEWIS, PILLAY, PETSE, DAMBUZA
Case No:20819/2014
Judgement Date:2015-11-30
Keywords:High Court and Labour Court – concurrent and exclusive jurisdiction – validity of extension of collective agreement to non-parties – arising out of the Labour Relations Act 66 of 1995 – matter within exclusive jurisdiction of Labour Court.
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Minister of Basic Education v Basic Education for All 20793 2014 2015 ZASCA 198 2 December 2015
Judges:NAVSA, LEWIS, CACHALIA, PETSE, DAMBUZA
Case No:20793/2014
Judgement Date:2015-12-02
Keywords:Constitutional law – right to education in terms of s 29(1)(a) of the Constitution – content of right discussed – Department of Basic Education adopting clear national policy that each learner must be provided with a textbook for each subject before commencement of the academic year – Department failing to do so in respect of some learners in Limpopo – held that the Department had given content to s 29(1)(a) – right immediately realisable – held accordingly that the Department’s failure to provide textbooks to each learner infringes their right to basic education – held further that failure to provide textbooks to a small number of students in Limpopo amounted to unfair discrimination against them – order of court a quo requiring Department to deliver textbooks and report to respondents accordingly confirmed and appeal dismissed – in addition, cross-appeal upheld and declaration made that Department in breach of previous court orders concerning delivery of textbooks.
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Uniqon Wonings v City of Tshwane 20789 2014 2014 ZASCA 182 30 November 2015
Judges:LEWIS, CACHALIA, THERON, WALLIS, SALDULKER
Case No:20789/2014
Judgement Date:2015-11-30
Keywords:Local Authority – Municipality – Imposition of property rates in terms of s 10G(7) of the Local Government Transition Act 209 of 1993 – When exercising its power in terms of s 10G no need to comply with the prescripts of provincial rating ordinance – Not obliged to determine rates annually - Rates levied during a specific financial year did not lapse at the end of financial year.
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City of Cape Town v South African National Roads Authority Limited amp others 20786 14 2015 ZASCA 58 30 March 2015
Judges:PONNAN, SALDULKER, ZONDI, VAN DER MERWE, GORVEN
Case No:20786/2014
Judgement Date:2015-03-30
Keywords:Open justice – court records by default should be open to the public – any departure an exception and should be justified – high court’s adoption of implied undertaking rule and interpretation of rule 62(7) of the Uniform rules - inconsistent with that constitutional principle.
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National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 20781 2014 2015 ZASCA 206 4 December 2015
Judges:MAYA, PETSE, SALDULKER, MBHA, VAN DER MERWE
Case No:20781/2014
Judgement Date:2015-12-04
Keywords:Constitutional law - constitutional challenge to Act s 7(1)(a) of the Criminal Procedure Act 51 of 1977 - whether the section is unconstitutional insofar as it allows only private persons to institute private prosecutions and not juristic persons - whether the differentiation is rationally connected to a legitimate governmental purpose.
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City of Tshwane v Uniqon Wonings 20771 2014 2015 ZASCA 162 20 November 2015
Judges:LEWIS, CACHALIA, THERON, WALLIS, SALDULKER
Case No:20771/2014
Judgement Date:2015-11-20
Keywords:Municipal property rates: s 118(1) of the Local Government: Municipal Systems Act 32 of 2000: rates are payable by a township owner over the remaining extent of the township as a single entity, and not all the unsold erven separately. Where a township owner sells an erf in the township, and applies for a clearance certificate in respect of municipal rates and charges, required before transfer can be effected, the municipality must determine the rates and charges payable over the preceding two years in connection with that erf and issue the certificate against payment of that amount.
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Mchunu v The State 20770 14 2015 ZASCA 115 09 September 2015
Judges:MPATI, SHONGWE, MAJIEDT
Case No:20770/2014
Judgement Date:2015-09-09
Keywords:Criminal law – leave to appeal – sought on basis of duplication of charges – refused by regional magistrate and high court – State conceding existence of reasonable prospects of success – leave granted.
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Probest Projects Pty Ltd v The Attorneys Notaries and Conveyancers Fidelity Guarantee Fund 20761 2014 2015 ZASCA 192 30 November 2015
Judges:CACHALIA, SHONGWE, TSHIQI, SWAIN, BAARTMAN
Case No:20761/2014
Judgement Date:2015-11-30
Keywords:Theft of trust funds by attorney – s 48(1)(a) of the Attorneys Act 53 of 1979 – when claimant became aware of theft – stated case in terms of Rule 33(1) of the Uniform Rules of Court – status of evidence agreed upon – drawing of inferences from agreed facts as to when claimant became aware of theft.
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Modiga v The State 20738 14 2015 ZASCA 94 01 June 2015
Judges:BOSIELO, SALDULKER, VAN DER MERWE
Case No:20738/2014
Judgement Date:2015-06-01
Keywords:Criminal appeal against convictions and sentences – appellant convicted on multiple counts – whether the appellant was a member of the gang of robbers – evidence by a single witness – circumstantial evidence – adequacy of the evidence.
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Mahlangu v S 20737 2014 2015 ZASCA 73 22 May 2015
Judges:NAVSA, BRAND, PONNAN
Case No:20737/2014
Judgement Date:2015-05-22
Keywords:Appeal against a refusal for application for leave to appeal –complaint of duplication of charges –reasonable prospects of success in contemplated appeal
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Anglo Platinum Management Services v SARS 20725 2014 2015 ZASCA 180 30 November 2015
Judges:CACHALIA, LEACH, TSHIQI, PILLAY, MBHA
Case No:20725/2014
Judgement Date:2015-11-30
Keywords:Income Tax Act 58 of 1962 – whether valid and binding salary sacrifice agreement achieved.
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Absa v Moore 20719 2014 2015 ZASCA 171 26 November 2015
Judges:LEWIS, PONNAN, PILLAY, SALDULKER, VAN DER MERWE
Case No:20719/2014
Judgement Date:2015-11-26
Keywords:Where a sale giving rise to the transfer of immovable property is induced by fraudulent misrepresentation, such that the owner does not intend to transfer ownership, registration of the transfer is of no force. A person who is not the owner of immovable property cannot grant a valid mortgage bond over it.
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Du Preez v Tornel Props Pty Ltd 20714 14 2015 ZASCA 134 29 September 2015
Judges:SHONGWE, SALDULKER, SWAIN, MBHA, BAARTMAN
Case No:20714/2014
Judgement Date:2015-09-29
Keywords:Contract – justifiable withholding of reciprocal obligation to perform – reasonable person not perceiving conduct as repudiation – subsequent cancellation reasonably perceived by innocent party as repudiation – ensuing cancellation justified – quantum of damages awarded not proved – court re-assessing damages.
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Masstores Pty Ltd v Pick n Pay Retailers Pty Ltd 20711 14 2015 ZASCA 164 25 November 2015
Judges:MAYA, LEACH, THERON, MAJIEDT, ZONDI
Case No:20711/2014
Judgement Date:2015-11-25
Keywords:Delict – trading in competition with a contracting party in contravention of a restraint clause in a lease agreement constitutes unlawful interference in the contractual relationship between the contracting party and the landlord – an exclusivity clause in a lease agreement is an integral part of that lease and not a collateral right.
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Goqwana v Minister of Safety NO amp others 20668 14 2015 ZASCA 186 30 November 2015
Judges:MPATI, PETSE, WILLIS, SWAIN, ZONDI
Case No:20668/2014
Judgement Date:2015-11-30
Keywords:Search warrant – should be addressed to a specifically named police official – where search relates to a statutory offence, as opposed to a common law crime, the warrant should pertinently refer to the specific statute and the section or subsection thereof – affidavit upon which search warrant based must accompany warrant when executed – appeal upheld – warrant set aside and goods seized ordered to be returned.
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South African Local Authorities Pension Fund v Mthembu 20649 2014 2015 ZASCA 205 3 December 2015
Judges:MPATI, SHONGWE, TSHIQI, WALLIS, BAARTMAN
Case No:20649/2014
Judgement Date:2015-12-03
Keywords:Pension fund rules – full-time student – meaning of – whether first respondent’s daughter a full-time student while studying at UNISA.
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Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality 20634 2014 2015 ZASCA 195 1 December 2015
Judges:LEWIS, CACHALIA, TSHIQI, PILLAY, DAMBUZA
Case No:20634/2014
Judgement Date:2015-12-01
Keywords:Review – Section 3(3)(a) of Local Government: Municipal Property Rates Act 6 of 2004 – council resolution not to exempt ratepayers, who provide their own services, from paying rates – whether equitable.
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Grundling v The State 20616 14 2015 ZASCA 129 28 September 2015
Judges:CACHALIA, MAJIEDT, PILLAY
Case No:20616/2014
Judgement Date:2015-09-28
Keywords:Sentence - imposition of - factors to be taken into account- importance of pre-sentencing report - 30 counts of contravention of s 59(1)(a) of Value-Added Tax Act 89 of 1991 - eight years’ imprisonment imposed by the court below set aside and replaced with a three year prison sentence in terms of s 276(1)(i) of Criminal Procedure Act 51 of 1977.
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K ouml ster v Norval 20609 14 2015 ZASCA 185 30 November 2015
Judges:PONNAN, MAJIEDT, PILLAY, VAN DER MERWE, BAARTMAN
Case No:20609/2014
Judgement Date:2015-11-30
Keywords:Sale - by non-owner - obligations - required to deliver vacua possessio only and to warrant against eviction - not obliged to transfer ownership - appeal dismissed.
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Plover rsquo s Nest Investments v De Haan 20590 2014 2015 ZASCA 193 30 November 2015
Judges:LEWIS, MHLANTLA, LEACH, TSHIQI, MAJIEDT
Case No:20590/2014
Judgement Date:2015-11-30
Keywords:Administrative Law – administrative action – what constitutes – effect of failure of official of municipal council to communicate resolution of council correctly – official not empowered to make decisions on behalf of council – act of official merely administrative error not amounting to administrative action – resolution of council valid and binding.
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City of Tshwane v Nambiti Technologies Pty Ltd 20580 2014 2015 ZASCA 167 26 November 2015
Judges:MAYA, BOSIELO, WALLIS PETSE, DAMBUZA
Case No:20580/2014
Judgement Date:2015-11-26
Keywords:Tender – cancellation thereof – terms of tender authorising its withdrawal – cancellation not administrative action – cancellation set aside by High Court as unfair and municipality ordered to adjudicate tender – no grounds for holding cancellation unfair – relief granted by High Court impinging on municipality’s powers and obligations in regard to procurement – such impermissible as infringing the doctrine of the separation of powers.
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Montsho v The State 20572 2014 2015 ZASCA 187 27 November 2015
Judges:PONNAN, SHONGWE, PETSE, MATHOPO, VAN DER MERWE
Case No:20572/2014
Judgement Date:2015-11-27
Keywords:Criminal Procedure - sentence - prescribed sentences - imposition of in terms of the Criminal Law Amendment Act 105 of 1997 read with Part I of Schedule 2 - gravity of offence coupled with lack of genuine contrition rendering life imprisonment an appropriate sentence.
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Masike v The State 20565 2014 2015 ZASCA 189 30 November 2015
Judges:PONNAN, BOSIELO, LEACH, PETSE, ZONDI
Case No:20565/2014
Judgement Date:2015-11-30
Keywords:Criminal Procedure - Appeal against order of the High Court refusing leave to appeal in terms of s 309(7)(c) of the Criminal Procedure Act 51 of 1977 - refusal of condonation by lower court when there are no reasonable prospects of success of appeal may be appealed against to the high court if leave to appeal is granted by the high court. Necessity for judges considering petition to have at their disposal documents listed in s 309C(4) of the CPA for a proper adjudication of petition explained.
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Minister of Water and Environmental Affairs v Karan Beef Feedlot 20563 2014 2015 ZASCA 157 9 October 2015
Judges:NAVSA, THERON, PETSE, SALDULKER, VAN DER MERWE
Case No:20563/2014
Judgement Date:2015-10-09
Keywords:Water - interpretation of permit issued in terms of s 62(2I)(a)(i) of the Water Act 54 of 1956 - meaning of permit clear from words used and context - contrary result sought by respondent could only be achieved by variation of the permit on review - respondent elected not to pursue review - liability of respondent for payment of levies in respect of water supplied by the Trans-Caledon Tunnel Authority not established.
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South African Dental Association v Minister of Health 20556 2014 2015 ZASCA 163 24 November 2015
Judges:NAVSA, SHONGWE, WILLIS, SWAIN, ZONDI
Case No:20556/2014
Judgement Date:2015-11-24
Keywords:Health Professions Act 56 of 1974 – discussion of steps required to establish a new regulated health profession in terms of that Act – challenge to Regulations by Minister setting up regulatory regime in respect of dental assistants – challenge time-barred in terms of s 7(1) of the Promotion of Administrative Justice Act 3 of 2000 in respect of most of the regulations – challenge in respect of remaining regulations defining scope of the profession as contemplated in s 33 of that Act rejected – exception to general rule relating to costs in constitutional matters applied due to the manner in which litigation conducted.
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Breda NO v The Master of the High Court Kimberley 20537 2014 2015 ZASCA 166 26 November 2015
Judges:MAYA, THERON, WALLIS, SWAIN, MATHOPO
Case No:20537/2014
Judgement Date:2015-11-26
Keywords:Proof of creditor’s claims in terms of s 44 of the Insolvency Act 24 of 1936 – ex facie documents claim possibly prescribed – provisional admission of claim – final determination falling within trustees functions and powers – commissioning by attorney of affidavit in support of claim – falls within exemption contained in item 1(b) of Schedule to Regulations Governing the Administering of an Oath or Affirmation, promulgated in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 – attorney having an interest in the matter – not precluded from commissioning affidavit.
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A Hendricks v M Hendricks amp others 20519 14 2015 ZASCA 165 25 November 2015
Judges:MHLANTLA, LEACH, TSHIQI, MAJIEDT, SALDULKER
Case No:20519/2014
Judgement Date:2015-11-25
Keywords:Eviction – an owner who occupies property without the consent of the holder of a right of habitation in respect of that property is an ‘unlawful occupier’ as contemplated in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
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The Council for Medical Schemes v Genesis Medical Scheme 20518 14 2015 ZASCA 161 16 November 2015
Judges:LEACH, PETSE, WILLIS, MBHA, ZONDI
Case No:20518/2014
Judgement Date:2015-11-16
Keywords:Rules of medical scheme registered under Medical Schemes Act 131 of 1998 seeking to limit payment of expenses for treatment of prescribed minimum benefits envisaged by regulations under the Act to expenses incurred at a public or state institution - medical scheme may not by its rules avoid obligation to pay full costs of treatment even where administered in a private institution.
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Engen Petroleum Limited v The Business Zone 1010 CC t a Emmarentia Convenience Centre 20513 2014 2015 ZASCA 176 27 November 2015
Judges:PONNAN, LEACH, THERON, MAJIEDT, SWAIN
Case No:20513/2014
Judgement Date:2015-11-27
Keywords:Arbitration in terms of Petroleum Products Act 120 of 1977 - section 12B - interpretation of.
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Jimmy Sebone Seemela v The State 20508 14 2015 ZASCA 41 26 March 2015
Judges:PONNAN, MAYA, MHLANTLA, ZONDI, MEYER
Case No:20508/2014
Judgement Date:2015-03-26
Keywords:Evidence – s 3(1)(c) – Law of Evidence Act 45 of 1988 – admissibility of hearsay evidence – murder – legal causation.
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Four Arrows Investments 68 v Abigail Construction 20470 2014 2015 ZASCA 121 17 September 2015
Judges:LEWIS, MHLANTLA, WILLIS, SALDULKER, SWAIN
Case No:20470/2014
Judgement Date:2015-09-17
Keywords:Whether option had been granted: option for the purchase of a portion of agricultural land without Ministerial consent – prohibited in terms of s 3(e)(i) of the Subdivision of Agricultural Land Act 70 of 1970.
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Asmal v S 20465 14 2015 ZASCA 122 17 September 2015
Judges:SHONGWE, THERON, MAJIEDT
Case No:20465/2014
Judgement Date:2015-09-17
Keywords:Sentence – on a charge of unlawful possession of a fully automatic rifle (AK47) in terms of s 4 of the Firearms Control Act 60 of 2000 – whether the sentence imposed for unlawful possession of an AK47 rifle is shockingly harsh – and whether the court a quo ought to have considered ordering the sentence on the firearm conviction to run concurrently with the sentence on the two other counts – this court’s interference justified.
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Dominick v Nedbank Limited 20463 14 2015 ZASCA 160 13 November 2015
Judges:MPATI, CACHALIA, PETSE, DAMBUZA, GORVEN
Case No:20463/2014
Judgement Date:2015-11-13
Keywords:Suretyship – Principal and surety – discharge of surety claimed on ground of prejudice caused by creditor’s conduct – creditor failing to apply set-off allowed by principal agreement – failure to apply set-off not constituting breach of terms of agreement – prejudice not resulting from breach of legal duty or obligation - surety not entitled to release.
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Desmond Ettienne D man v Kgabo Gabriel Selomo 20455 14 2015 ZASCA 124 21 September 2015
Judges:NAVSA, THERON, SWAIN, MBHA, BAARTMAN
Case No:20455/2014
Judgement Date:2015-09-21
Keywords:Power of court of appeal – power in terms of s 16(2)(a)(i) of the Superior Courts Act 10 of 2013 to dismiss appeal where judgment or order sought would have no practical effect or result.
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Green Willows Properties v Rogalla Investment Company 20436 14 2015 ZASCA133 29 September 2015
Judges:MPATI, CACHALIA, TSHIQI, SWAIN, GORVEN
Case No:20436/2014
Judgement Date:2015-09-29
Keywords:Contract – sale of land – whether terms and conditions in written agreement fulfilled – recusal – trial judge refusing recusal application after dismissal of application of absolution from the instance – no basis for application for recusal of trial judge.
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Miles Plant Hire v Commissioner SARS 20430 2014 2015 ZASCA 98 1 June 2015
Judges:PONNAN, MAYA, PETSE, VAN DER MERWE, MEYER
Case No:20430/2014
Judgement Date:2015-06-01
Keywords:Lapsed appeal (against final order of winding-up) – application for condonation - cumulative effect of flagrant breaches of the rules of the SCA without any acceptable explanation, respondent’s interest in the finality of the judgment and the evident prejudice to respondent and body of creditors such that condonation should be refused irrespective of the prospects of success on appeal – condonation refused.
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Muldersdrift Sustainable Development Forum v Mogale City 20424 14 2015 ZASCA 118 11 September 2015
Judges:LEWIS, TSHIQI, PETSE, WILLIS, BAARTMAN
Case No:20424/2014
Judgement Date:2015-09-11
Keywords:Applicant for relief must demonstrate legal basis for order sought: applicant had no legal interest in, and no locus standi, to seek declaratory order that municipal manager’s appointment to the post was invalid.
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MEC for Education Gauteng v Fedsas 20420 2014 2015 ZASCA 149 16 October 2015
Judges:MPATI, NAVSA, SHONGWE, DAMBUZA, VAN DER MERWE
Case No:20420/2014
Judgement Date:2015-10-16
Keywords:Education – public schools – powers of governing bodies to determine admissions policy and capacity of public schools not absolute – s 5(5) of the South African Schools Act 84 of 1996 must be read with other applicable law – education department exercises ultimate control – powers of the department to be exercised reasonably – parties must engage with each other in good faith – principle of co-operative governance paramount.
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Minnaar v Van Rooyen NO 20407 2014 2015 ZASCA 114 10 September 2015
Judges:LEWIS, TSHIQI, MAJIEDT, DAMBUZA, BAARTMAN
Case No:20407/2014
Judgement Date:2015-09-10
Keywords:The grant by default of an order under s 424(1) of the Companies Act 61 of 1973, where no evidence has been adduced, is erroneous within the meaning of Rule 42(1)(a) of the Uniform Rules of Court: order set aside on appeal.
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Machaba amp another v The State 20401 2014 2015 ZASCA 60 8 April 2015
Judges:MPATI, MAJIEDT, SCHOEMAN
Case No:20401/2014
Judgement Date:2015-04-08
Keywords:Admissibility of hearsay evidence by co-accused contained in extra – curial statement – record incomplete – import of presiding judge or registrar administering the oath in terms of s 162 of the Criminal Procedure Act 51 of 1977.
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Mandla Sithole v The State 20393 2014 2015 ZASCA 106 19 August 2015
Judges:MHLANTLA, TSHIQI, DAMBUZA
Case No:20393/2014
Judgement Date:2015-08-19
Keywords:Criminal Procedure – appeal against refusal to grant leave to appeal on petition – whether leave to the high court ought to have been granted.
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Aurecon South Africa Pty Ltd v City of Cape Town 20384 2014 2015 ZASCA 209 9 December 2015
Judges:MAYA, LEWIS, BOSIELO, PETSE, WILLIS
Case No:20384/2014
Judgement Date:2015-12-09
Keywords:Administrative review – respondent seeking review and setting aside of its own decision to award tender for the decommissioning of Athlone Power Station to appellant – 180 day time limit envisaged in s 7(1) of the Promotion of Administrative Justice Act 3 of 2000 not met – no fraud or corruption involved in procurement process and irregularities, if any, not material – no case made out for the extension of time limit under s 9(1) of the Act.
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De Villiers v S 20367 2014 2015 ZASCA 119 11 September 2015
Judges:LEWIS, MHLANTLA, LEACH, MAJIEDT, PETSE
Case No:20367/2014
Judgement Date:2015-09-11
Keywords:Failure to consider the best interests of an offender’s young children, when imposing a sentence, constitutes a grave misdirection: evidence admitted on appeal to allow for determination of children’s best interests: custodial sentence appropriate even though appellant was primary caregiver because of the seriousness of the crime – fraud on employer when in position of trust.
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Naidoo v Kalianjee NO 20345 2014 2015 ZASCA 102 29 June 2015
Judges:MPATI, LEACH, PETSE, WILLIS, MAYAT
Case No:20345/2014
Judgement Date:2015-06-29
Keywords:Insolvency Act 24 of 1936 - validity of search and seizure warrant granted by magistrate in terms of s 69(3) of Insolvency Act 24 of 1936 – distinction between such a warrant and one issued under the Criminal Procedure Act 51 of 1977 – anomalies in warrant not rendering it invalid – warrant not too broad in scope.
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Nieuwenhuizen v S 20339 14 2015 ZASCA 90 29 May 2015
Judges:SHONGWE, LEACH, MAYAT
Case No:20339/2014
Judgement Date:2015-05-29
Keywords:Criminal Procedure – Sentence – convicted of six counts of fraud to the tune of R130 429.46 – whether sentence is shockingly inappropriate – court of appeal considers whether the trial court and court a quo materially misdirected themselves – each case considered on its own merits – no misdirection found – sentence is not strikingly or disturbingly disproportionate – this court not justified to interfere.
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Chetty v Hart 20323 14 2015 ZASCA 112 4 September 2015
Judges:CACHALIA, WILLIS, SALDULKER, MATHOPO, GORVEN
Case No:20323/2014
Judgement Date:2015-09-04
Keywords:Companies Act 71 of 2008 – business rescue proceedings – whether arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue in s 133(1) – whether proceedings instituted or continued without business practitioner’s consent a nullity – whether s 133(1) enacted for the benefit of the company under business rescue – interpretation of statute – provision capable of more than one meaning – proper approach.
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The Isibaya Fund v Visser amp another 20278 14 2015 ZASCA 183 27 November 2015
Judges:SHONGWE, TSHIQI, MAJIEDT, WILLIS, SWAIN
Case No:20278/2014
Judgement Date:2015-11-27
Keywords:Civil Procedure – s 424 of the Companies Act 61 of 1973 – special plea in terms of s 11(d) of Prescription Act 68 of 1969 – whether the appellant is the ‘State’ as contemplated in s 11(b) of Prescription Act – court concluding that the three-year period of prescription applies and not a fifteen-year period.
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Griffiths v Janse van Rensburg NO 20269 2014 2015 ZASCA 158 26 October 2015
Judges:SHONGWE, PILLAY, PETSE, SALDULKER, GORVEN
Case No:20269/2014
Judgement Date:2015-10-26
Keywords:Insolvency - dispositions - requirement in s 29 of the Insolvency Act that dispositions must be made in the ordinary course of business - broad test restated and applied - dispositions made pursuant to void contracts - test not satisfied - dispositions correctly set aside - mora interest on an award setting aside such disposition under s 32(3) of the Insolvency Act - debt arises only on judgment - no amount due before judgment on which mora interest can run - mora interest to run only from date of judgment.
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Merafong City Local Municipality v AngloGold Ashanti Ltd 20265 2014 2015 ZASCA 85 28 May 2015
Judges:MAYA, MAJIEDT, MBHA, SCHOEMAN, VAN DER MERWE
Case No:20265/2014
Judgement Date:2015-05-28
Keywords:Review – invalidity of administrative action – Minister’s ruling made in terms of s 8(9) of the Water Services Act 108 of 1997 overturning municipality’s decision to levy a surcharge on water for industrial use by mines, even if invalid, exists and has legal consequences which municipality cannot simply disregard until it is set aside by court in proceedings for judicial review.
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Absa Bank Ltd v Naude NO 20264 2014 2015 ZASCA 97 1 June 2015
Judges:PONNAN, PILLAY, WILLIS, SCHOEMAN, FOURIE
Case No:20264/2014
Judgement Date:2015-06-01
Keywords:Business rescue – application for setting aside of business rescue plan – non-joinder of creditors having direct and substantial interest – notice in terms of section 130 of the Companies Act 71 of 2008 Act insufficient – counter-application declaring certain suretyships void – rendered moot on dismissal of main application – costs of.
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Law Society of the Northern Provinces v Mabaso 20252 14 2015 ZASCA 109 21 August 2015
Judges:MPATI, CACHALIA, MHLANTLA, LEACH, DAMBUZA
Case No:20252/2014
Judgement Date:2015-08-21
Keywords:Attorney – Misconduct – Appropriate Sanction – Misappropriation of trust moneys – Whether warranting suspension or removal – Three-stage enquiry for removal of attorneys from roll restated – Attorney guilty of dishonesty - Attorney having failed to take responsibility in initial responses – Sanction of suspension not suitable – Errant attorney struck off.
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Bosielo Wallis and Willis JJA Dambuza and Meyer AJJA
Judges:BOSIELO, WALLIS, WILLIS, DAMBUZA, MEYER
Case No:20236/2014
Judgement Date:2015-06-01
Keywords:Mandamus – municipality sought an order by notice of motion to be granted access through appellant’s property to clear a nuisance – it alleged that it could only gain access to the site to be cleared through the appellant’s property – appellant disputed this and alleged that there were other access points through which municipality could not gain access to the site – serious and genuine dispute of facts – whether the court below should have granted the order – the remedial work done by the appellant – is the appeal moot – whether the appeal will have any practical effect – section 16 (2)(a)(i) of the Superior Courts Act 10 of 2013.
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Krok v CSARS 20230 2014 and 20232 2014 2015 ZASCA 107 20 August 2015
Judges:MAYA, MHLANTLA, WALLIS, DAMBUZA, MEYER
Case No:20230/32/14
Judgement Date:2015-08-20
Keywords:Double taxation – preservation order granted in respect of a taxpayer’s assets under ss 185 and 163 of the Tax Administration Act 28 of 2011 read with article 25A of the Protocol amending the Agreement between the government of the Republic of South Africa and the government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income upheld and appeal dismissed.
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Novartis v Maphil 20229 2014 2015 ZASCA 111 3 September 2015
Judges:LEWIS, MAJIEDT, PILLAY, ZONDI, MATHOPO
Case No:20229/2014
Judgement Date:2015-09-03
Keywords:Contract comprising written document, oral agreement and emails enforceable: evidence demonstrated intention to conclude contract in this way, as well as actual authority of representatives to bind the appellant. Principles of contractual intepretation considered.
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Strydom v The State 20215 14 2014 ZASCA 29 23 March 2015
Judges:LEWIS, PILLAY, MBHA
Case No:20215/2014
Judgement Date:2015-03-23
Keywords:Sentence – imprisonment of non-parole period ordered in terms of s 276B(1) of Criminal Procedure Act 51 of 1977 – non-parole order to be made only in exceptional circumstances - court required to afford parties opportunity to address court on making such an order and the period thereof – failure to do so constitutes misdirection.
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Financial Services Board v Barthram 20207 2014 2015 ZASCA 96 1 June 2015
Judges:PONNAN, CACHALIA, LEACH, DAMBUZA, GORVEN
Case No:20207/2014
Judgement Date:2015-06-01
Keywords:Financial Services Advisory and Intermediary Services Act 37 of 2002 – debarment in terms of s 14(1) – precludes representative from rendering financial services on an industry-wide basis.
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Dr F Kluever v De Goede 20198 2014 2015 ZASCA 105 19 August 2015
Judges:NAVSA, MHLANTLA, LEACH, MBHA, ZONDI
Case No:20198/2014
Judgement Date:2015-08-19
Keywords:Delict – medical practitioner – professional negligence –surgical procedure resulting in high riding patella – primary surgery improperly performed – medical practitioner negligent – defence of contributory negligence dismissed – third appellant vicariously liable to compensate respondent.
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Pauw v Du Preez 20197 2014 2015 ZASCA 80 28 May 2015
Judges:BRAND, LEACH, SALDULKER, DAMBUZA, GORVEN
Case No:20197/2014
Judgement Date:2015-05-28
Keywords:Delict - failure to protect a section of a stairway with a hand-railing - such omission wrongful and negligent - respondent who fell from stairway not shown to have been negligent.
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Dormell Properties 282 CC v Bamberger 20191 14 2015 ZASCA 89 29 May 2015
Judges:LEWIS, SHONGWE, MAJIEDT, SCHOEMAN, MAYAT
Case No:20191/2014
Judgement Date:2015-06-29
Keywords:Civil Procedure – particulars of claim premised on an invalid suretyship agreement – breach of an offer to lease agreement containing a suretyship clause not expressly pleaded but annexed to the particulars of claim as if incorporated – surety not afforded an opportunity to raise the defence of the benefit of excussion – fatal to the landlord’s case.
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Etraction Pty Ltd v Tyrecor Pty Ltd 20185 2014 2015 ZASCA 78 28 May 2015
Judges:MPATI, BRAND, WALLIS, SALDULKER, MAYAT
Case No:20185/2014
Judgement Date:2015-05-28
Keywords:Trade mark – infringement by use of identical mark – defence of prior bona fide use – s 36(1) of the Trade Marks Act 194 of 1993 – requirement of continuous and bona fide use – requirements for – partial expungement of registered mark in terms of s 27(1) of the Act – purpose of registration to damage existing user’s trade not to trade oneself – no bona fide intention to use as a mark in respect of the goods in question.
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Richter v Absa Bank Limited 20181 2014 2015 ZASCA 100 01 June 2015
Judges:MHLANTLA, LEACH, PILLAY, FOURIE, DAMBUZA
Case No:20181/2014
Judgement Date:2015-06-01
Keywords:Business rescue – application for business rescue can be made after final order of liquidation – Interpretation of ‘liquidation proceedings’ in s 131(6) of the Companies Act 71 of 2008 – ‘liquidation proceedings’ includes court proceedings and the complete process of winding up or liquidation of a company.
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Shole v The State 20716 2014 2014 ZASCA 123 17 September 2015
Judges:SHONGWE, THERON, MAJIEDT
Case No:20176/2014
Judgement Date:2015-09-17
Keywords:Criminal Law – Conviction – evidence of a ‘confession’ made to witnesses properly admitted and sufficient to establish the guilt of the first appellant.
Palm and fingerprint evidence – the second appellant’s palm and fingerprints on the scene justified as only reasonable inference - an inference of guilt. Appeal dismissed.
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Sipho Patrick Magwaza v The State 20169 14 2015 ZASCA 36 25 March 2015
Judges:PONNAN, MAYA, MHLANTLA, ZONDI, MEYER
Case No:20169/2014
Judgement Date:2015-03-25
Keywords:Evidence – proscriptive evidence – s 35(5) of the Constitution – evidence excluded because its admission detrimental to the administration of justice.
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Fedgroup Participation Bond Managers v Trustee of the Capital Property Trust 2015 ZASCA 103 30 June 2015
Judges:NAVSA, MHLANTLA, PILLAY, WILLIS, SALDULKER
Case No:20165/2014
Judgement Date:2015-06-30
Keywords:Ownership of Land: whether an encroacher can bring an independent cause of action claiming transfer of the encroached – upon land in the absence of a removal order by the owner of the land – Building – Illegal structure – No approval of building plans by local authority.
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Sasol Limited v Chemical Industries National Provident Fund 20162 2014 2015 ZASCA 113 7 September 2015
Judges:MPATI, CACHALIA, MHLANTLA, GORVEN, BAARTMAN
Case No:20162/2014
Judgement Date:2015-09-07
Keywords:Pensions - transfer of membership from respondent fund to appellant funds - interpretation and application of rules of respondent fund relating to transfer - partial compliance with rules insufficient - no valid transfer.
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UTi South Africa v Triple Option Trading 20157 14 2015 ZASCA 101 3 June 2015
Judges:MAYA, SHONGWE, LEACH, ZONDI, GORVEN
Case No:20157/2014
Judgement Date:2015-06-03
Keywords:Prescription – extinctive prescription – whether the appellant’s amendment had introduced a cause of action which had become prescribed – no new cause of action introduced – claim not prescribed. Special plea of lack of jurisdiction correctly dismissed.
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Boost Sports Africa Pty Ltd v The South Africa Breweries Pty Ltd 20156 2014 2015 ZASCA 93 1 June 2015
Judges:PONNAN, MHLANTLA, MBHA, FOURIE, GORVEN
Case No:20156/2014
Judgement Date:2015-06-01
Keywords:Whether absent a provision similar to the repealed s 13 of the Companies Act 61 of 1973 an incola company can be compelled to furnish security for costs.
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The Commissioner for the South African Revenue Service v Candice-Jean van der Merwe 20152 2014 2015 ZASCA 86 28 May 2015
Judges:PONNAN, WALLIS, MBHA, FOURIE, MAYAT
Case No:20152/2014
Judgement Date:2015-05-28
Keywords:Appeal lapsing – application for condonation – breaches of the rules of such a nature and explanation offered so unacceptable and wanting that condonation refused irrespective of the applicant’s prospects of success on appeal. Tax Administration Act 28 of 2011 – section 163 – appointment of a curator bonis.
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Premier Foods v Manoim NO 20147 2014 2015 ZASCA 159 4 November 2015
Judges:MAYA, SHONGWE, PETSE, GORVEN, BAARTMAN
Case No:20147/2014
Judgement Date:2015-11-04
Keywords:Competition Law – leniency under Corporate Leniency Policy – appellant participated as a self-confessed member of a cartel in complaint proceedings before the Competition Tribunal – order by the Tribunal finding that the appellant was involved in a prohibited practice – appellant excluded from the complaint referrals – whether such order competent – Tribunal having no power to make any order against appellant – order relating to appellant a nullity – no need to set aside order – the Tribunal or its Chairperson cannot issue a certificate under s 65(6)(b) of the Competition Act since order on which that certificate based a nullity.
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Za v Smith 20134 2014 2015 ZASCA 75 27 May 2015
Judges:BRAND, CACHALIA, PETSE, FOURIE, MAYAT
Case No:20134/2014
Judgement Date:2015-05-27
Keywords:Delict – claim by dependants for loss suffered through death of their breadwinner who fell over a sheer precipice in a mountain resort – liability of respondents as owner and entity in control of resort – element of wrongfulness, negligence and causation considered
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Tofa v The State 20133 14 2015 ZASCA 26 20 March 2015
Judges:MPATI, MAJIEDT, SCHOEMAN
Case No:20133/2014
Judgement Date:2015-03-20
Keywords:Rape conviction – whether guilt proved beyond reasonable doubt on evidence of a single witness – application to adduce further evidence – principles restated.
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Maringa v The State 20116 2014 2015 ZASCA 28 23 March 2015
Judges:NAVSA, LEACH, WILLIS, SCHOEMAN, MEYER
Case No:20116/2014
Judgement Date:2015-03-23
Keywords:Section 155 and s 156 of the Criminal Procedure Act 51 of 1977—whether separation of trials is mandatory where accused do not all face the same charges but where the State alleges a common purpose to defraud and there is a great deal of overlap – to be decided on consideration of prejudice.
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Potgieter v S 20109 2014 2015 ZASCA 15 17 March 2015
Judges:LEWIS, PONNAN, BOSIELO, WILLIS, VAN DER MERWE
Case No:20109/2014
Judgement Date:2015-03-17
Keywords:In terms of s 16(1)(b) of the Superior Courts Act 10 of 2013, an appeal to this court against a decision of a court on appeal to it lies only with the special leave of the Supreme Court of Appeal. An order granting leave to appeal to this court by the provincial division is a nullity and this court has no jurisdiction to hear the appeal.
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Mashigo amp another v The State 20108 2014 2015 ZASCA 65 14 May 2015
Judges:BOSIELO, MAJIEDT, PILLAY
Case No:20108/2014
Judgement Date:2015-05-14
Keywords:Criminal appeal –first appellant appeals against sentence only whilst second appellant appeals against both conviction and sentence – multiple contradictions in the State’s case – effect thereof – whether the evidence of identification sufficient and reliable to justify a conviction of second appellant – whether a sentence of life imprisonment in respect of the first appellant in terms of s 51 of Act 105 of 1997 is appropriate.
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Cloete Murray NO amp another v FirstRand Bank Ltd 20104 2014 2015 ZASCA 39 26 March 2015
Judges:NAVSA, PONNAN, ZONDI, SCHOEMAN, FOURIE
Case No:20104/2014
Judgement Date:2015-03-26
Keywords:Business rescue proceedings - Interpretation of s 133(1) of the Companies Act 71 of 2008 - creditor of a company under business rescue cancelling a contract concluded prior to the commencement of business rescue proceedings - cancellation not constituting ‘enforcement action’ contemplated in s 133(1) - cancellation lawful.
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Hattingh v The State 20099 2014 2015 ZASCA 84 28 May 2015
Judges:CACHALIA, MAJIEDT, PETSE, ZONDI, GORVEN
Case No:20099/2014
Judgement Date:2015-05-28
Keywords:Sentence - imposition of - factors to be taken into account - appellant convicted on 64 counts of fraud, one count of theft and one count of money laundering - minimum sentencing provisions of the Criminal Law Amendment Act 105 of 1997 not applicable - period spent in prison awaiting trial being one of the factors to take into account in determining appropriate sentence - leave to appeal - s 16(1)(b) of the Superior Courts Act 10 of 2013 - an appeal to this court against a decision of a division of the high court on appeal to it competent only with the special leave of the Supreme Court of Appeal.
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Reddy v Absa Bank 20096 2014 2015 ZASCA 83 28 May 2015
Judges:LEWIS, PONNAN, SALDULKER, VAN DER MERWE, MAYAT
Case No:20096/2014
Judgement Date:2015-05-28
Keywords:The winding up of a close corporation during the period of deregistration is automatically retrospectively validated upon reinstatement in terms of s 82(4) of the Companies Act 71 of 2008.
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Johannes Windvogel v The State 20091 2014 2015 ZASCA 63 8 May 2015
Judges:MHLATLA, LEACH, MAYAT
Case No:20091/2014
Judgement Date:2015-05-08
Keywords:Criminal law and procedure – application in terms of s 16(1)(b) of the Superior Courts Act 10 of 2013 for special leave to appeal against a decision of a division of the high court sitting as a court of appeal – high court has no jurisdiction to hear application – special leave of the Supreme Court of Appeal is required – special leave to appeal against sentence granted.
Drug Offences – cocaine – dealing in contravention of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 – sentence – appellant sold cocaine during a police trap – high court misdirected itself when ante-dating the sentence to a date when appellant was on bail – cumulative effect of sentence disturbingly inappropriate – sentence set aside and replaced by sentence of eight years on each count – a portion of the sentences in the three counts to run concurrently with sentence on first count – effective sentence of 20 years’ imprisonment.
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Nedbank Ltd v Steyn 20085 2014 2015 ZASCA 30 25 March 2015
Judges:BRAND, LEWIS, MBHA, MEYER, MAYAT
Case No:20085/2014
Judgement Date:2015-03-25
Keywords:Administration of Estates Act 66 of 1965 – whether claims procedure provided by the Act precludes a creditor from instituting an action against the executor/executrix of a deceased estate for debt owed by the deceased – high court’s judgment that it does set aside on appeal.
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Workforce Group Pty Ltd v Motor Industry Bargaining Council 20076 2014 2015 ZASCA 66 15 May 2015
Judges:NAVSA, PONNAN, SHONGWE, WALLIS, ZONDI
Case No:20076/2014
Judgement Date:2015-05-15
Keywords:Costs – subsequent events and statutory amendments rendering appeal academic – liability for costs
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Greenwood v S 20075 14 2015 ZASCA 56 30 March 2015
Judges:SHONGWE, MBHA, GORVEN
Case No:20075/2014
Judgement Date:2015-03-30
Keywords:Criminal Procedure – appeal against refusal to grant leave to appeal on petition – question to be adjudicated is whether the appellant has reasonable prospects of success on appeal and whether there are any other reasons why an appeal should be heard.
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Attachmate v Minister of Water and Environmental Affairs 20071 2014 2015 ZASCA 68 20 May 2015
Judges:BRAND, BOSIELO, MAJIEDT, PETSE, MBHA
Case No:20071/2014
Judgement Date:2015-05-20
Keywords:Software license agreement – unlicensed copies made by licensee in breach of agreement – interpretation of clause providing for that event – maintenance agreement providing for payment per unit in respect of licensed copies – whether licensee also liable in respect of unlicensed copies.
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Minister of Mineral Resources v Mawetse SA Mining Corporation Pty Ltd 20069 14 2015 ZASCA 82 28 May 2015
Judges:NAVSA, LEACH, MAJIEDT, ZONDI, MEYER
Case No:20069/2014
Judgement Date:2015-05-28
Keywords:Mining – prospecting right – when granted in law – whether BEE compliance can be attached as a condition of the right – lapsing of the right due to expiry.
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South African Land Arrangements CC amp Others v Nedbank LTD 20063 2014 2015 ZASCA 88 29 May 2015
Judges:MHLANTLA, MAJIEDT, PILLAY, MBHA, VAN DER MERWE
Case No:20063/2014
Judgement Date:2015-06-29
Keywords:Civil procedure–summary judgment–defence–counterclaim–reliance on agreement which never came into operation–not bona fide defence–summary judgment correctly granted.
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Medox Limited v The Commissioner for SARS 20059 2014 2015 ZASCA 74 27 May 2015
Judges:BRAND, CACHALIA, BOSIELO, WILLIS, FOURIE
Case No:20059/2014
Judgement Date:2015-05-27
Keywords:Taxpayer failing to object to income tax assessments issued by the Commissioner - Absent any objection, the assessments became final and conclusive by virtue of the provisions of s 81(5) of the Income Tax Act 58 of 1962 - Taxpayer not entitled to relief by means of a declaratory order to have the assessments set aside - Appeal dismissed.
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African Exploration v Minister of Mineral Resources 20058 2014 2015 ZASCA 77 27 May 2015
Judges:LEWIS, WILLIS, SALDULKER, MEYER, GORVEN
Case No:20058/2014
Judgement Date:2015-05-27
Keywords:Where the holder of an old order mining right, under the Mineral and Petroleum Resources Development Act 28 of 2002, is exercising the right on the day before the coming into effect of the Act (1 May 2004), no one else, after its conversion, may apply for a prospecting right in respect of the same mineral on the same land.
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Blose v Ethekwini Municipality 20053 14 2015 ZASCA 87 29 May 2015
Judges:MPATI, MAYA, PILLAY, ZONDI, VAN DER MERWE
Case No:20053/2014
Judgement Date:2015-06-29
Keywords:Magistrate’s court – civil proceedings – application by plaintiff to reopen case in terms of rule 28(11) of Magistrates’ courts rules - discretion of presiding officer – such discretion to be exercised judicially.
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Panamo Properties v Land and Agricultural Development Bank 20051 2014 2015 ZASCA 70 22 May 2015
Judges:LEWIS, PILLAY, WILLIS, SCHOEMAN, GORVEN
Case No:20051/2014
Judgement Date:2015-05-22
Keywords:Agreement of loan made in contravention of the Land and Agricultural Development Bank Act 15 of 2002 invalid: mortgage bond registered as security for moneys lent and advanced would nonetheless secure a claim based on unjustified enrichment.
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Rooyendal Pty Ltd v The Minister of Land Affairs 20049 14 2015 ZASCA 108 21 August 2015
Judges:MPATI, LEWIS, BOSIELO, VAN DER MERWE, GORVEN
Case No:20049/2014
Judgement Date:2015-08-21
Keywords:Contract - appellants failed to prove oral agreements relied upon - oral agreements relied upon by first and seventh appellants in any event unenforceable as result of integration (parol evidence) rule.
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The City of Johannesburg v The South African Local Authorities Pension Fund 20045 2014 2015 ZASCA 4 9 March 2015
Judges:BRAND, CACHALIA, BOSIELO, SLADULKER, VAN DER MERWE
Case No:20045/2014
Judgement Date:2015-03-09
Keywords:Application to set aside decision by the appellants as employers to terminate their contributions to the first respondent as a pension fund – objection in limine raised by the appellants that employees whose membership of that fund had thus been terminated should have been joined as parties to the litigation – objection of non-joinder dismissed by court a quo, but upheld on appeal.
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National Health Laboratory Service v Mariana Lloyd-Jansen van Vuuren 20044 2014 2015 ZASCA 20 19 March 2015
Judges:MHLANTLA, SHONGWE, WALLIS, DAMBUZA, MAYAT
Case No:20044/2014
Judgement Date:2015-03-19
Keywords:Contract – interpretation and application of employment agreements – the obligations under the two agreements are interdependent.
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Jansen v The State 20043 14 amp 229 14 2015 ZASCA 151 2 October 2015
Judges:MAYA, THERON, MATHOPO
Case No:20043/2014
Judgement Date:2015-10-02
Keywords:Criminal Procedure - Plea and sentence agreements in terms of s 105A of the Criminal Procedure Act 51 of 1977 - trial court erred in imposing a sentence contrary to that contained in the plea agreements without advising the State and the accused that it was of the opinion that the proposed sentence was unjust as contemplated in s 105A(9) of the Act.
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Minister of Transport v Prodiba Pty Ltd 20028 2014 2015 ZASCA 38 25 March 2015
Judges:NAVSA, WALLIS, MBHA, DAMBUZA, GORVEN
Case No:20028/2014
Judgement Date:2015-03-25
Keywords:Agreement with service provider signed by Director-General without approval of Minister – held no authority to sign on behalf of the Department of Transport – decision with financial implications of approximately R1 billion – decision polycentric in nature – within province of the Executive – agreement signed without competitive process – if agreement upheld it would mean that following upon the award of a single tender in 1997 one service provider would have had a monopoly in the production of drivers’ licences for over 20 years – militates against constitutional principles of transparent and accountable government – imperative statutory and treasury requirements flouted – agreement held to be void.
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Standard Bank v Swanepoel NO 20062 2014 2015 ZASCA 71 22 May 2015
Judges:LEWIS, MHLANTLA, PILLAY, SCHOEMAN, DAMBUZA
Case No:20026/2014
Judgement Date:2015-05-22
Keywords:The naming of a trust as a party to a contract, despite the fact that it does not have legal personality, does not render the contract invalid where it is clear that its trustees or trustee acted for the trust in concluding the contract.
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Posthumus v The Road Accident Fund 20024 2014 2015 ZASCA 40 25 March 2015
Judges:MHLANTLA, LEACH, SALDULKER, MBHA, GORVEN
Case No:20024/2014
Judgement Date:2015-03-25
Keywords:Delict – negligence of a motorist parked alongside a roadway leaving headlights shining at oncoming traffic – reasonably foreseeable that oncoming motorist might be dazzled and lose control of vehicle – driver of parked vehicle negligent.
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Monyetla Property Holdings v IMM Graduate School of Marketing 20023 2014 2015 ZASCA 32 25 March 2015
Judges:PONNAN, SHONGWE, LEACH, DAMBUZA, MAYAT
Case No:20023/2014
Judgement Date:2015-03-25
Keywords:Lease – cancellation by lessor due to lessee’s breach – lessor’s claim for damages arising on cancellation – prescription running from cancellation despite lessor remaining in occupation of the leased premises and continuing to pay rental under a clause in the lease that obliged it to do so if cancellation disputed – lessor’s claim prescribed.
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Mahano v Road Accident Fund 20008 2014 2015 ZASCA 23 20 March 2015
Judges:LEWIS, SHONGWE, WILLIS, GORVEN, MEYER
Case No:20008/2014
Judgement Date:2015-03-20
Keywords:General Damages – Road Accident Fund Act 56 of 1996 – interpretation of reg 3(1)(b)(iv) of the Road Accident Fund Regulations, 2008 – whether Minister of Transport must publish operational guidelines in order to apply the American Medical Association’s Guides to the Evaluation of Permanent Impairment in assessing whether third party's injury is 'serious' such as to qualify for general damages.
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Terblanche v The Minister of Safety and Security and another 20006 2013 2015 48 ZASCA 27 March 2015
Judges:NAVSA, PILLAY, SALDULKER, FOURIE, MAYAT
Case No:20006/2014
Judgement Date:2015-03-27
Keywords:Delict – claim for loss of earning capacity – farmer with specialised skills – entitled to be compensated on the basis of the cost of substituted labour.
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Firstrand Bank v Kona amp another 20003 2014 2015 ZASCA 11 13 March 2015
Judges:MPATI, CACHALIA, MBHA, VAN DER MERWE, MEYER
Case No:20003/2014
Judgement Date:2015-03-13
Keywords:National Credit Act 34 of 2005 – interpretation of s 88(3) – existence of debt re-arrangement order not a bar to the grant of a sequestration order.
Court – precedent and stare decisis – observance of doctrine mandatory.
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Simcha Trust v Madeleine de Jong 20001 2014 2015 ZASCA 45 26 March 2015
Judges:NAVSA, BRAND, MHLANTLA, ZONDI, SCHOEMAN
Case No:20001/2014
Judgement Date:2015-03-26
Keywords:Claim against City of Cape Town for compensation in terms of s 8(1)(c)(ii)(bb) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) based on improper approval of building plans that caused neighbouring property owners to seek redress – high court unjustifiably allowing litigation in terms of which aggrieved land owners had sought a review into litigation in terms of which the offending land owner was permitted to alter its position from co-respondent into an applicant seeking redress in terms of s 8(1)(c)(ii) of PAJA – interpretation and application of that sub-section – compensation not available when administrative decision set aside and where remittal should follow – courts slow to impose liability on administrators who do their work negligently but honestly – ‘exceptional cases’ as the expression appears in s 8(1)(c)(ii) is concerned with appropriateness of remedy rather than quality of decision sought to be impugned – even if sub-section could be employed in favour of the offending land owner the circumstances were such that any decision would be premature in that it was not possible to say now what the ultimate outcome of either the old or new plans would be.
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Minister of Safety and Security v Morudu 1084 2013 2015 ZASCA 91 29 May 2015
Judges:NAVSA, BRAND, SALDULKER, MBHA, DAMBUZA
Case No:1084/2013
Judgement Date:2015-06-29
Keywords:Vicarious liability – test to be applied in deviation cases – spirit, purport and objects of the Bill of Rights to be considered – acts of policeman not sufficiently
close to give rise to vicarious liability.
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Stupel amp Berman v Rodel Financial Services 1075 2013 2015 ZASCA 1 27 February 2015
Judges:BRAND, MHLANTLA, WILLIS, FOURIE, GORVEN
Case No:1075/2013
Judgement Date:2015-02-27
Keywords:Undertaking by the appellant as conveyancer – on instructions of the seller – to pay proceeds of sale to the respondent upon transfer of immovable property – the appellant not an adjectus solutionis causa but an agent whose instructions to pay the respondent could and had been revoked by the seller as principal.
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Ferrari v Gunner 1063 2013 2015 ZASCA 5 9 March 2015
Judges:LEWIS, CACHALIA, MAJIEDT, PILLAY, MEYER
Case No:1063/2013
Judgement Date:2015-03-09
Keywords:Defences of undue influence and fraudulent misrepresentation, raised in application to compel specific performance of a contract, not proved by respondents in motion proceedings in the high court: court able to determine matters on application; no reason to interfere with high court’s exercise of a discretion to grant specific performance.
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Firstrand Bank v Clear Creek Trading 1054 2013 2015 ZASCA 6 9 March 2015
Judges:LEWIS, WILLIS, MBHA, VAN DER MERWE, GORVEN
Case No:1054/2013
Judgement Date:2015-03-09
Keywords:High Court dealing with separated issue in terms of Rule 33(4) - no order made separating the issues - issue to be determined not stated at all, let alone with clarity and precision - no factual basis laid on issue sought to be determined - factual matrix relevant to interpretation of contract - not appropriate or possible to determine the issue.
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Maykent v Trackstar 1036 2013 2015 ZASCA 14 17 March 2015
Judges:LEWIS, MAYA, BOSIELO, MAJIEDT, PILLAY
Case No:1036/2013
Judgement Date:2015-03-17
Keywords:Construction contract concluded partly orally, partly by conduct and partly on basis of standard terms used in industry did not oblige the principal agent to issue a certificate of completion before issuing final payment certificate: employer’s failure to pay the contractor on this basis over a period of five years unjustified.
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Gcam-Gcam v The State 1034 13 2015 ZASCA 42 25 March 2015
Judges:CACHALIA, SHONGWE, GORVEN
Case No:1034/2013
Judgement Date:2015-03-25
Keywords:Criminal Law – Conspiracy and common purpose to commit robbery of a pay-point. Two vehicles involved – Plan abandoned but one vehicle proceeds to rob another pay-point – Whether occupants of the other vehicle guilty of common purpose to rob second pay-point. Confessions – Courts to be sceptical when suspects in police custody make confessions to police implicating themselves in serious crimes.
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The South African Hang and Paragliding Association v Bewick 1010 2013 2015 ZASCA 34 25 March 2015
Judges:BRAND, MHLANTLA, LEACH, SALDULKER, MBHA
Case No:1010/2013
Judgement Date:2015-03-25
Keywords:Delict – respondent injured in paragliding accident while transported as passenger for reward – issue whether tandem paragliding for reward illegal – further issue, whether in that event failure by appellants to prevent the illegal activity constituted wrongfulness in delict – further issue whether appellants’ omission was causally connected to harm suffered by respondent.
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Molusi v Voges NO 1008 13 2015 ZASCA 64 08 May 2015
Judges:MPATI, PONNAN, BOSIELO, SHONGWE, SALDULKER
Case No:1008/2013
Judgement Date:2015-05-08
Keywords:: Land – eviction of peri-urban occupiers from leased property – one ground of termination of lease relied on in notice of termination and founding affidavit no bar to owner relying on common law ground of ownership of leased property when ownership alleged in founding papers – reliance on common law ground of ownership not constituting new cause of action – interpretation of relevant provisions of Extension of Security of Tenure Act 62 of 1997.
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South African Local Authorities Pension Fund v Msunduzi Municipality 994 2013 2015 ZASCA 172 26 November 2015
Judges:LEWIS, PONNAN, THERON, WILLIS, MATHOPO
Case No:994/2013
Judgement Date:2015-11-26
Keywords:Where a pension fund seeks to rely on an amended rule in claiming contributions to members’ benefits from employers, it must show that the rule was amended in accordance with s 12 of the Pension Funds Act 24 of 1956: absolution from the instance rightly granted where the South African Local Authorities Pension Fund did not adduce any evidence to show that it had complied with the Act and its own rule, and thus that the approval of the amendment by the Registrar of Pension Funds was valid.
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South African Local Authorities Pension Fund v Msunduzi Municipality 994 2013 2015 ZASCA 172 26 November 2015
Judges:LEWIS, PONNAN, THERON, WILLIS, MATHOPO
Case No:994/2013
Judgement Date:2015-11-26
Keywords:Where a pension fund seeks to rely on an amended rule in claiming contributions to members’ benefits from employers, it must show that the rule was amended in accordance with s 12 of the Pension Funds Act 24 of 1956: absolution from the instance rightly granted where the South African Local Authorities Pension Fund did not adduce any evidence to show that it had complied with the Act and its own rule, and thus that the approval of the amendment by the Registrar of Pension Funds was valid.
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Rahim v The Minister of Home Affairs 965 2013 2015 ZASCA 92 29 May 2015
Judges:NAVSA, MAJIEDT, MBHA, ZONDI, MEYER
Case No:965/2013
Judgement Date:2015-05-29
Keywords:Detention of illegal foreigners pending deportation in terms of s 34(1) of the Immigration Act 13 of 2002 – illegal foreigners to be detained in a manner and place determined by the Director-General – absence of evidence concerning such determination – principle of legality – detentions unlawful.
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WT amp others v KT 933 2013 2015 ZASCA 9 13 March 2015
Judges:LEWIS, BOSIELO, PILLAY, MBHA, MAYAT
Case No:933/2013
Judgement Date:2015-03-13
Keywords:Discretionary Family Trust– whether trust assets form part of
the joint estate of parties married in community of property.
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Jwara v S 916 13 2015 ZASCA 33 25 March 2015
Judges:BRAND, PONNAN, WILLIS, DAMBUZA, GORVEN
Case No:916/2013
Judgement Date:2015-03-25
Keywords:Criminal Law - various offences under Prevention of Organised Crime Act 121 of 1998 and other common law crimes - admissibility of evidence obtained pursuant to a direction made under Interception and Monitoring Prohibition Act 127 of 1992 - exercise of discretion to admit a proper one - evidence of crimes sufficient - convictions good - no basis to interfere with sentences.
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Minister of Home Affairs amp others v Somali Association of South Africa amp another 831 13 2015 ZASCA 35 25 March 2015
Judges:PONNAN, SHONGWE, MAJIEDT, SCHOEMAN, MEYER
Case No:831/2013
Judgement Date:2015-03-25
Keywords:Refugees Act 130 of 1998 – closure of refugee reception office – decision challenged for want of consultation with interested parties and rationality – remedy – authorities ignoring previous court orders.
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Prinsloo amp others v State 827 11 2015 ZASCA 207 4 December 2015
Judges:BRAND, FOURIE, EKSTEEN
Case No:827/2011
Judgement Date:2015-12-04
Keywords:Criminal Law – unlawful multiplication scheme conducted in contravention of various statutory provisions and the common law - whether such activities constituted a pattern of racketeering activity in contravention of sections 2(1)(b), 2(1)(e), 2(1)(f) and 4 of the Prevention of Organised Crime Act 121 of 1998 (POCA) - elements to be proved by the State to secure convictions under relevant provisions of POCA - whether dolus or culpa required - proper approach. Sentence - whether interference by court of appeal is justified.
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Absa Bank v Keet 817 13 2015 ZASCA 81 28 May 2015
Judges:MAYA, BOSIELO, WALLIS, ZONDI, MEYER
Case No:817/2013
Judgement Date:2015-05-28
Keywords:Prescription - A claim under the rei vindicatio not a debt in terms of Chapter III of the Prescription Act 68 of 1969 – does not prescribe after three years.
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Trumper Trading v Kouga Municipality 795 13 2015 ZASCA 18 18 March 2015
Judges:MAYA, CACHALIA, SALDULKER, VAN DER MERWE
Case No:795/2013
Judgement Date:2015-03-18
Keywords:Land Use Planning Ordinance 15 of 1985 – whether municipal zoning scheme regulations permit the operation of a bottle store from premises zoned as ‘special business’ without the municipality’s further consent.
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Tasima Pty Ltd v Department of Transport 792 2015 2015 ZASCA 200 2 December 2015
Judges:BRAND, CACHALIA, MAJIEDT, SALDULKER, MBHA
Case No:792/2015
Judgement Date:2015-12-02
Keywords:Administrative Law – Extension of contract between appellant and first respondent – court orders compelling respondents to comply with contract during period of extension – application for committal of contempt of those orders and related relief – contempt not dependent on validity of extension – counter-application to set extension aside – time limit imposed by s 7 of PAJA.
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Greater Tzaneen Municipality v Le Grange 685 2013 2015 ZASCA 17 18 March 2015
Judges:BRAND, LEACH, WILLIS, ZONDI, DAMBUZA
Case No:685/2013
Judgement Date:2015-03-18
Keywords:

Jurisdiction – an undertaking to employ in a contract is not a matter falling within the purview of s 157 of the Labour Relations Act. – the high court has jurisdiction – rectification – on the evidence the contract was not truly reflective of the intention of the parties and agreement properly rectified.   

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Dlamini v The State 634 2013 2015 ZASCA 50 27 March 2015
Judges:BOSIELO, LEACH, MAJIEDT
Case No:634/2013
Judgement Date:2015-03-27
Keywords:Criminal Procedure – two judges refusing application for leave to appeal against conviction and sentence by a regional court –two other judges of the high court granting the appellant leave to appeal to the Supreme Court of Appeal – consequently the issue before us was whether leave to the high court ought to have been granted.
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Ndwambi v The State 611 2013 2015 ZASCA 59 31 March 2015
Judges:NAVSA, LEACH, WILLIS, SCHOEMAN, MEYER
Case No:611/2013
Judgement Date:2015-03-31
Keywords:: Criminal Law – fraud – whether intent to deceive and prejudice proved – appellant correctly convicted of fraud.
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Chauke v The State 578 2015 2015 ZASCA 181 30 November 2015
Judges:MAYA, MHLANTLA, THERON, VAN DER MERWE, BAARTMAN
Case No:578/2015
Judgement Date:2015-11-30
Keywords:Criminal trial - Mental state of accused - Enquiry in terms of ss 77, 78 and 79 of Criminal Procedure Act 51 of 1977 - The trial court was not placed in possession of all relevant facts regarding the appellant’s mental condition - Irregular to conduct an enquiry into the mental state of appellant without the assistance of an expert – Resulting in a fundamental irregularity.
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Kekana v The State 498 2015 2015 ZASCA 194 1 December 2015
Judges:NAVSA, CACHALIA, SHONGWE, TSHIQI, DAMBUZA
Case No:498/2015
Judgement Date:2015-12-01
Keywords:Sentencing – Criminal Law Amendment Act 105 of 1997 – appellant aged between 16 and 18 years – sentence of life imprisonment imposed in relation to a conviction on each of two counts of murder – the fact that appellant was a child at the time of the commission of the offence ignored – material misdirection – sentence of 20 years’ imprisonment substituted.
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MEC v Terra Graphics 483 2013 2015 ZASCA 116 10 September 2015
Judges:NAVSA, PONNAN, LEACH, SALDULKER, ZONDI
Case No:483/2013
Judgement Date:2015-09-10
Keywords:Sub-contract to provide environmental consultancy services in relation to the Free State Province’s Road Rehabilitation Programme – work done and services rendered both by principal contractor and by the first respondent, a subcontractor – benefit of work accepted and retained – after effecting partial payment, Province refusing to pay the main contractor the balance – basis for refusing to pay the balance was that the Road Rehabilitation Programme was allegedly not budgeted for and that effecting payment in those circumstances would be in contravention of various statutory provisions – defence held to be fallacious – further defence of lack of privity of contract rejected as diversionary – always contemplated that for the subcontractor to be paid, main contractor had to be paid – first respondent claiming in the alternative that the amount owing to the main contractor be paid and that it in turn be ordered to pay sub-consultant – no resistance to this by main contractor – in circumstances it would be artificial and strained to not order direct payment.
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Westinghouse v Eskom Holdings 476 2015 2015 ZASCA 208 9 December 2015
Judges:LEWIS, PONNAN, THERON, PETSE, MATHOPO
Case No:476/2015
Judgement Date:2015-12-09
Keywords:Review of tender award: where an administrative body takes into account considerations that are extraneous to the tender evaluation criteria, as set out in the invitation to bid, its decision to make the award is unlawful and procedurally unfair. Award set aside and matter remitted to administrative body for reconsideration.
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Khavhadi v S 459 15 2015 ZASCA 191 30 November 2015
Judges:NAVSA, LEWIS, OILLAY, MBHA, ZONDI
Case No:459/2015
Judgement Date:2015-11-30
Keywords:Criminal law – evidence of death of deceased lacking – single witness not credible and satisfactory – conviction overturned.
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PriceWaterhouseCoopers Inc amp others v National Potato Co-operative Ltd amp another 451 12 2015 ZASCA 2 4 March 2015
Judges:WALLIS, FOURIE, KOEN
Case No:451/2012
Judgement Date:2015-03-04
Keywords:Auditor – relationship with client contractual – duties – whether audit conducted negligently – damages – causation.
Opinion evidence – when admissible – need to establish facts on which expert’s opinion is based – hearsay – qualifications of expert witness – duties of expert witness – independence – not to act as advocate for party calling expert.
Causation – need for causal link between loss and contents of auditor’s reports – losses arising from trading – not recoverable from the auditor.
Prescription – s 12(3) of the Prescription Act 68 of 1969 – knowledge of facts giving rise to claim – acquisition of knowledge by the exercise of reasonable care – corporate entity – knowledge of directors to be attributed to entity – no special rule of attribution when claim arising from auditor’s alleged failure to report properly to members of entity.
Conduct of trial – objections to hearsay evidence to be dealt with expeditiously – proper approach to the leading of expert evidence – need for judge to prevent proceedings from becoming unduly prolonged.
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Ngculu v The State 438 15 2015 ZASCA 184 30 November 2015
Judges:BOSIELO, ZONDI, MATHOPO, VAN DER MERWE, BAARTMAN
Case No:438/2015
Judgement Date:2015-11-30
Keywords:Criminal appeal against conviction on murder and assault with intent to cause grievous bodily harm – sentenced to life imprisonment in respect of murder and 3 years’ imprisonment in respect of assault with intent to cause grievous bodily harm – single witness – adequacy of the evidence – fair trial – sentence of life imprisonment disturbingly inappropriate.
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Hildebrand v The State 00424 15 2015 ZASCA 174 26 November 2015
Judges:BOSIELO TSHIQI, SWAIN
Case No:424/2015
Judgement Date:2015-11-26
Keywords:Appeal against sentence – appellant convicted of two counts of assault with intent to cause grievous bodily harm on two young children –sentenced to 30 days imprisonment on each count – Section 51(5) of the Criminal Law Amendment Act 105 of 1997 not precluding a sentencing officer from suspending the sentence imposed where minimum sentence departed from.
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Lelaka v The State 409 15 2015 ZASCA 169 26 November 2015
Judges:PONNAN, SHONGWE, PETSE, MATHOPO, VAN DER MERWE
Case No:409/2015
Judgement Date:2015-11-26
Keywords:Criminal Procedure - sentence - whether plea of double jeopardy applicable where accused had been convicted of assault with intent to do grievous bodily harm and where after the conviction, the victim died and the State intends preferring charges of murder against him.
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SABC v DA 393 2015 2015 ZASCA 156 8 October 2015
Judges:MPATI, NAVSA, PONNAN, SWAIN, DAMBUZA
Case No:393/2015
Judgement Date:2015-10-08
Keywords:Remedial action by Public Protector – has legal effect – absent review – cannot be ignored by State and public institutions – discussion of constitutional and legislative scheme regulating powers of Public Protector – order suspending Chief Operating Officer of the South African Broadcasting Corporation – held not to offend against separation of powers doctrine – reiteration of caveat against piecemeal litigation.
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Mocumi v The State 323 2015 2015 ZASCA 201 2 December 2015
Judges:NAVSA, CACHALIA, SHONGWE, TSHIQI, DAMBUZA
Case No:323/2015
Judgement Date:2015-12-02
Keywords:Criminal law – evidence - contradictions in the evidence of child complainants in sexual offence cases – contradictions not necessarily fatal to state case – evidence must be considered carefully – discussion of onus borne by the State - court must be satisfied that despite contradictions the evidence constitutes proof beyond reasonable doubt of commission of the offence and identification of the perpetrator – relevant considerations include the age and capacity of the child.
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Marota v The State 300 15 2015 ZASCA 130 28 September 2015
Judges:LEWIS, MHLANTLA, PETSE
Case No:300/2015
Judgement Date:2015-09-28
Keywords:Sentence - imposition of - power of appellate court to interfere with the exercise of discretion by sentencing court circumscribed - cumulative effect of sentence - not such as to warrant interference.
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Duze v State 272 15 2015 ZASCA 170 26 November 2015
Judges:PONNAN, BOSIELO, LEACH, PETSE, ZONDI
Case No:272/2015
Judgement Date:2015-11-26
Keywords:Evidence of identification – appellant’s conviction based on identification evidence of a single witness – to guard against inherent risk of mistaken identification – such evidence required to be approached with caution – not enough for identifying witness to be honest and reliable but reliability of his observation to be tested.
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Lagoon Beach Hotel v Lehane 235 2015 2015 ZASCA 210 21 December 2015
Judges:NAVSA, CACHALIA, LEACH, TSHIQI, WILLIS
Case No:235/2015
Judgement Date:2015-12-21
Keywords:Cross-border insolvency - recognition of foreign trustee - interim interdict serving as preservation order - nature of evidence required to obtain such an order - practical common sense approach to the issue.

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Bothma-Batho Transport Pty Ltd amp v Nedbank Ltd 223 14 2015 ZASCA 31 25 March 2015
Judges:PONNAN, LEACH, WILLIS, SALDULKER, MEYER
Case No:223/2014
Judgement Date:2015-03-25
Keywords:Life policy ceded as security for a debt – insurer cancelling the policy – whether court can order the debtor and the insured to ‘procure a policy with at least similar benefits’ and cede it to the bank – such an order not competent – tacit terms relied upon by high court inconsistent with written agreement and cannot be incorporated into the contract – appeal upheld – application in the high court dismissed.
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Lubisi v The State 230 2015 2015 ZASCA 179 27 November 2015
Judges:MHLANTLA, SHONGWE, THERON, DAMBUZA, MATHOPO
Case No:230/2015
Judgement Date:2015-11-27
Keywords:Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition refused by the court a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted – this court has no jurisdiction to hear appeals on the merits directly from the magistrates’ courts.
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Mdluli v S 229 2015 2015 ZASCA 178 27 November 2015
Judges:MAYA, MHLATLA, THERON, VAN DER MERWE, BAARTMAN
Case No:229/2015
Judgement Date:2015-11-27
Keywords:Criminal Procedure - appeal against the refusal of a petition by the court a quo - no reasonable prospect of success on appeal - appeal dismissed.
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African Banking Corporation of Botswana v Kariba Furniture Manufacturers amp others 228 2014 2015 ZASCA 69 20 May 2015
Judges:MPATI, MHLANTLA, LEACH, SCHOEMAN, DAMBUZA
Case No:228/2014
Judgement Date:2015-05-20
Keywords:Company – Business Rescue – meaning of a ‘binding offer’ made in terms of s 153(1)(b)(ii) of the Companies Act 71 of 2008 – a binding offer made to a creditor who opposes a business rescue plan is not automatically binding on the offeree - no valid binding offer was made - – business rescue having no reasonable prospects of success - resolutions to commence business rescue and to adopt business rescue plan set aside.
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Werner v Florauna Kwekery BK 224 14 2015 ZASCA 46 26 March 2015
Judges:MPATI, MAJIEDT, PILLAY, SCHOEMAN, VAN DER MERWE
Case No:224/2014
Judgement Date:2015-03-26
Keywords:Servitude – access road – no notarial deed creating servitude - whether servitude area depicted on Surveyor-General’s sub-divisional diagram, though not registered in the Deeds Office, constitutes servitude of right of way in favour of public.
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Registrar of Pension Funds v Financial Services Appeal Board 222 2015 2015 ZASCA 203 2 December 2015
Judges:MPATI, LEACH, WALLIS, MATHOPO, BAARTMAN
Case No:222/2015
Judgement Date:2015-12-02
Keywords:Locus standi – Board of Appeal established by section 26A of the Financial Services Board Act 97 of 1990 overturning decision by the Registrar of Pension Funds –– Registrar does not have locus standi to review the decision of the Appeal Board.
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Tellumat Pty Ltd v Appeal Board of the Financial Services Board 221 2015 2015 ZASCA 202 2 December 2015
Judges:MPATI, LEACH, WALLIS, MATHOPO, BAARTMAN
Case No:221/2015
Judgement Date:2015-12-02
Keywords:Pension fund – apportionment of surplus in terms of s 15C of Pension Funds Act 24 of 1956 – apportionment by trustees undertaken as part of an overall scheme for the outsourcing of pensions and enhancement of pension benefits – implementation of distribution scheme involving transfer in terms of s 14 of the Pension Funds Act – scheme to be viewed as a whole and elements not to be treated as discrete from the whole – scheme approved by the Registrar of Pension Funds – appeal to the Appeal Board for the Financial Services Board – Appeal Board deciding appeal without regard for the scheme as a whole or the impact of its decision on the agreed apportionment of surplus – such a reviewable error in terms of s 6(2)(e)(iii) of PAJA – decision of Appeal Board set aside.
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Selli v The State 220 15 2015 ZASCA 173 26 November 2015
Judges:BOSIELO TSHIQI, SWAIN
Case No:220/2015
Judgement Date:2015-11-26
Keywords:Criminal appeal against a sentence of 15 years’ imprisonment imposed by the regional magistrate – whether substantial and compelling circumstances present to justify a departure from the prescribed minimum sentence – whether regional magistrate competent to order a non-parole period.
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Sechaba Medical Solutions amp others v Sekete amp others 216 2014 2015 ZASCA 8 11 March 2015
Judges:NAVSA, SHONGWE, WALLIS, DAMBUZA, MAYAT
Case No:216/2014
Judgement Date:2015-03-11
Keywords:Medical scheme – liquidation – proof of claims – claim by healthcare provider – whether claim lies against medical scheme – authorisation of treatment by medical scheme – whether creates a contract between healthcare provider and medical scheme – ss 26(1)(b) and 59 of Medical Schemes Act 131 of 1998 – effect.
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Firstrand Bank Ltd v Nkata 213 14 2015 ZASCA 44 26 March 2015
Judges:MAYA, CACHALIA, MAJIEDT, WILLIS, SALDULKER
Case No:213/2014
Judgement Date:2015-03-26
Keywords:National Credit Act 34 of 2005 – interpretation of s 129 (4) – the rescheduling or restructuring of debt does not ipso facto nullify a previously obtained writ of execution in relation to the credit agreement in question – execution means sale in execution - appeal upheld.
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Kilburn v Tuning Fork Pty Ltd 2015 ZASCA 53 27 March 2015
Judges:CACHALIA, MHLANTLA, SALDULKER, GORVEN, MEYER
Case No:211/2014
Judgement Date:2015-03-27
Keywords:Suretyship – Interpretation – apparent conflict between heading and detailed provisions of deed of suretyship not real when effect is given to each and every word, read in context and taking into account the circumstances in which it came into existence.
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Atholl Developments v The Valuation Appeal Board for the City of Johannesburg 2015 ZASCA 55 30 March 2015
Judges:PONNAN, WILLIS, SALDULKER, VAN DER MERWE, MEYER
Case No:206/2014
Judgement Date:2015-03-30
Keywords:Appeal – Appealability - appeal does not lie against the reasons for an order of court - matter struck off the roll
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Absa Bank v Hammerle Group 205 14 2015 ZASCA 43 26 March 2015
Judges:BRAND, MAYA, CACHALIA, MHLANTLA, MBHA
Case No:205/2014
Judgement Date:2015-03-26
Keywords:Winding-up – where debt giving rise to application for winding-up has been subordinated to other creditors of the respondent – applicant is a contingent creditor and is entitled to institute winding-up proceedings against the respondent – admission of insolvency – exception to what would otherwise be privileged communication.
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Magwabeni v Liomba 198 13 2015 ZASCA 117 11 September 2015
Judges:CACHALIA, MAJIEDT, ZONDI
Case No:198/2013
Judgement Date:2015-09-11
Keywords:Delict - Malicious prosecution – requirements restated - whether plaintiff proved prosecution initiated without reasonable and probable cause and with malice.
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Medirite v South African Pharmacy Council 197 2014 2015 ZASCA 27 20 March 2015
Judges:MPATI, MAYA, LEACH, PILLAY, ZONDI
Case No:197/2014
Judgement Date:2015-03-20
Keywords:Administrative law – amendment to general rules of pharmaceutical practice neither rational nor reasonable – amendment set aside on review.
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Banger v S 195 2015 2015 ZASCA 79 28 May 2015
Judges:CACHALIA, MBHA, VAN DER MERWE
Case No:195/2014
Judgement Date:2015-05-28
Keywords:No appeal lies against the refusal of bail by the High Court sitting as a court of first instance without leave to appeal in terms of the Superior Courts Act 10 of 2013.
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Hansa Silver Pty Ltd v Obifon Pty Ltd t a The High Street Auction Company 192 2014 2015 ZASCA 54 30 March 2015
Judges:NAVSA, SHONGWE, SALDULKER, VAN DER MERWE, MEYER
Case No:192/2014
Judgement Date:2015-03-30
Keywords:Auction - sale with reserve price - whether vendor bids should be identified as such depends on the facts of each case - bids by auctioneer on behalf of sellers in present circumstances not constituting misrepresentation inducing sale.
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Mantella Trading v Kusile Mining 191 2014 2015 ZASCA 10 12 March 2015
Judges:NAVSA, BOSIELO, WALLIS, SCHOEMAN, DAMBUZA
Case No:191/2014
Judgement Date:2015-03-12
Keywords:Patent – alleged infringement in relation to patents involving barriers or stoppings in underground passages in mines – challenge on basis of lack of clarity in patent specification and that the patent in suit lacked an inventive step – interpretation of patent claims – construed contextually – inquiry into obviousness – simplicity no bar – combination of known techniques held to involve creative ingenuity.
Case Files
Law Society of the Northern Provinces v Le Roux 185 2015 2015 ZASCA 168 26 November 2015
Judges:MAYA, SHONGWE, MAJIEDT, PETSE, MATHOPO
Case No:185/2015
Judgement Date:2015-11-26
Keywords:Attorneys Act 53 of 1979 – Law Society’s resolution introducing a requirement to its rules for the submission of an acceptable, unqualified audit certificate for the issue of fidelity fund certificates under s 42(3)(a) of the Act constituted administrative action within the meaning of the Promotion of Administrative Justice Act 3 of 2000 and is binding until set aside on review – wrong relief sought by insolvent attorneys from whom the Law Society’s secretary withheld the certificates because their firm’s trust account was in deficit and its audit certificate accordingly qualified as a result of fraudulent misappropriation of funds from the account by their associate – should have taken the resolution on review instead of merely challenging the secretary’s refusal to issue the certificates – appeal thus upheld.
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Moussa v S 181 2014 2015 ZASCA 61 14 April 2015
Judges:NAVSA, PONNAN, MHLANTLA, MBHA, ZONDI
Case No:181/2014
Judgement Date:2015-04-14
Keywords:Private counsel engaged by National Prosecuting Authority in terms of s 38 of the National Prosecuting Authority Act 32 of 1998 to conduct prosecution on fraud charges – prosecution requiring commercial expertise – challenge to prosecutor’s authority – constitutionality of s 38 – challenge on basis that it impinged on constitutional imperative of prosecutions without fear, favour or prejudice – ultimately restricted to a challenge based on the fact that s 38 does not provide for an oath as required for permanent members of the National Prosecuting Authority – held that private counsel are required to conduct themselves within the structure of the Act – and that they conduct prosecutions under the control and supervision of the most senior members of the NPA – s 38 held not to be unconstitutional.
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Kwa Sani Municipality v Underberg Himeville Community Watch Association 180 2014 2015 ZASCA 24 20 March 2015
Judges:MPATI, LEWIS, WILLIS, MBHA, GORVEN
Case No:180/2014
Judgement Date:2015-03-20
Keywords:Application to declare agreement invalid - Municipality alleging non-compliance with legislation and consequent invalidity - invalidity not made out - agreement endured for some four years before declaration sought - unexplained delay in approaching court - not necessary to deal with delay in light of finding of validity
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Lodhi 5 Properties Investments v Firstrand Bank Limited
Judges:MAYA, MAJIEDT, PILLAY, MBHA, SCHOEMAN
Case No:170/2014
Judgement Date:2015-05-22
Keywords:Loan agreement – respondent bank entitled to restitution in light of lapse of loan and agency agreements in terms of which loan lent and advanced to first appellant before debt extinguished – mora interest payable in respect of loan agreement governed by Shari’ah (Islamic) law which prohibits the charging of interest for a loan – order granting appellants’ final winding up justified.
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Clifton Dunes v City Capital 169 14 2015 ZASCA 12 16 March 2015
Judges:LEWIS, MAYA, MAJIEDT, PILLAY, ZONDI
Case No:169/2014
Judgement Date:2015-03-16
Keywords:Property syndication – how determination to be made in respect of loan amount due – high court’s reliance on the appellants’ audited financial statements in making such a determination correct – loan amount thus correctly determined – application by appellants to adduce further evidence on appeal – requirements not met.
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RAF v Sweatman 162 2014 2015 ZASCA 22 20 March 2015
Judges:LEWIS, MAYA, ZONDI, DAMBUZA, MAYAT
Case No:162/2014
Judgement Date:2015-03-20
Keywords:The effect of the amendment to the Road Accident Fund Act 56 of 1996 in 2008 in so far as the limitation on the liability of the Road Accident Fund for loss of income or support, suffered as a result of a motor vehicle collision, is concerned: correct approach is to determine the present value of the actual loss suffered, as actuarially calculated, taking into account all contingencies, including mortality, and then compare it with the annual loss (the limit or cap) as determined on the date of the accident.
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Red Dunes of Africa v Masingita Property Investment Holdings 159 2014 2015 ZASCA 99 1 June 2015
Judges:PONNAN, SHONGWE, PILLAY, FOURIE, GORVEN
Case No:159/2014
Judgement Date:2015-06-01
Keywords:Right to develop property - appellant relying on an agreement containing suspensive conditions - cannot be relied upon to found any rights where there is no averment that the suspensive conditions were fulfilled or waived - appellant also relying on resolution purporting to transfer a Permission to Occupy - no actual transfer - even if transfer took place, no right to develop founded - appeal dismissed.
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Centre for Child Law v The Governing Body of Ho euml rskool Fochville 156 2015 2015 ZASCA 155 8 October 2015
Judges:PONNAN, THERON, MAJIEDT, MBHA, GORVEN
Case No:156/2015
Judgement Date:2015-10-08
Keywords:Appeal – mootness – discrete point of interpretation – production of documents – Uniform rule 30A applicable when rule 35(12) not complied with – court must try to strike a proper balance in the exercise of its general discretion – interests of children must be accorded adequate weight.
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Van den Heever v Minister of Minerals and Energy 150 14 2015 ZASCA 19 19 March 2015
Judges:BRAND, LEWIS, CACHALIA, ZONDI, DAMBUZA
Case No:150/2014
Judgement Date:2015-03-19
Keywords:Whether content of a letter, objectively viewed, evinced an intention of the writer to abandon a mining right. Construed in its context and in light of background facts, abandonment not established.
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African Information Technology Bridge 1 v The MEC for Infrastructure Development Gauteng Province 134 2014 2015 ZASCA 104 2 July 2015
Judges:MAYA, BOSIELO, SCHOEMAN, FOURIE, MAYAT
Case No:134/2014
Judgement Date:2015-07-02
Keywords:Tender procedure - contracts vitiated by fundamental justus error and therefore invalid and unforceable - appeal dismissed
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Mkhize v Department of Correctional Services 2015 ZASCA 7 11 March 2015
Judges:NAVSA, LEWIS, WALLIS, PILLAY, MAYAT
Case No:128/2014
Judgement Date:2015-03-11
Keywords:Dismissal – upheld by Sectoral Bargaining Council – Labour Court dismissing review and Labour Appeal Court refusing leave to appeal – limited scope for interference by Supreme Court of Appeal – new material evidence tendered on appeal – need to be presented and tested – remittal to Sectoral Bargaining Council
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Niehaus v The Regional Land Claims Commissioner amp others 116 2014 2015 ZASCA 51 27 March 2015
Judges:MPATI, MAYA, CACHALIA, BOSIELO, VAN DER MERWE
Case No:116/2014
Judgement Date:2015-03-27
Keywords:Restitution of Land Rights Act 22 of 1994 – registered owner of two farms seeking a declarator that there are no land claims lodged with the Land Claims Commissioner in respect thereof – court a quo ordering the Commissioner to publish a notice in terms of s 11(1) of the Act – whether court competent to make such an order.
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Van Willing amp another v The State 109 2014 2015 ZASCA 52 27 March 2015
Judges:MPATI, BOSIELO, SCHOEMAN, VAN DER MERWE, MEYER
Case No:109/2014
Judgement Date:2015-03-27
Keywords:Criminal law – Admissibility of hearsay evidence in terms of s 3(1)(c) of Act 45 of 1988 where person who made the statement deceased – whether evidence of single identifying witness credible and reliable – effect of failure of appellants to testify.
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Lancelot Stellenbosch Mountain Retreat v Gore NO 108 14 2015 ZASCA 37 25 March 2015
Judges:MAYA, BOSIELO, WILLIS, ZONDI, GORVEN
Case No:108/2014
Judgement Date:2015-03-25
Keywords:Interruption of prescription – onus – person asserting prescription to allege and prove date from which prescription commenced to run – failure to do so – no need to determine whether prescription interrupted.
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Minister of Water and Environmental Affairs v Kloof Conservancy 106 2015 2015 ZASCA 177 27 November 2015
Judges:PONNAN, MHLANTLA, SALDULKER, DAMBUZA, VAN DER MERWE
Case No:106/2015
Judgement Date:2015-11-27
Keywords:Environmental law – National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) – failure on the part of the Minister to publish a national list of alien and invasive species (AIS) and regulations within the time required by s 70(1)(a) of (NEMBA) – Minister published the requisite AIS list and regulations even though overdue – high court issuing orders imposing a general obligation upon the Minister to oversee that all organs of State comply with the NEMBA – having regard to principles of legality, separation of powers and co-operative government, it was not competent for the high court to make such declaratory orders.
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Newton Global Trading Pty Ltd v Da Corte 104 15 2015 ZASCA 199 02 December 2015
Judges:MPATI, LEWIS, CACHALIA, SALDULKER, DAMBUZA
Case No:104/2015
Judgement Date:2015-12-02
Keywords:Company Law - Business rescue proceedings - resolution to commence business rescue in terms of s 129(1) of Companies Act 71 of 2008 - non-compliance by company with requirements of s 129(3) and (4) - whether locus standi of business rescue practitioner may be challenged when resolution not set aside.
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Euro Blitz 21 v Secena Aircraft Investments CC 102 14 2015 ZASCA 21 19 March 2015
Judges:MAYA, MAJIEDT, PILLAY, MBHA, MAYAT
Case No:102/2014
Judgement Date:2015-03-19
Keywords:Interest –whether words 'calculated daily' in court order implied compound or simple interest – compound interest claimable only in defined circumstances.
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Mukona v The State 97 15 2015 ZASCA 128 28 September 2015
Judges:LEACH, WILLIS, MATHOPO
Case No:097/2015
Judgement Date:2015-09-28
Keywords:Criminal appeal against conviction and sentence - appellant convicted of murder, arson and three counts of attempted murder - failure by appellant to refute State case - effect of failure by the appellant to refute the State’s case - appellant also failing to give evidence in mitigation of sentence - conviction upheld - sentences ordered to run concurrently.
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Director of Public Prosecutions Gauteng v Pistorius 96 2015 2015 ZASCA 204 3 December 2015
Judges:MPATI, MHLANTLA, LEACH, MAJIEDT, BAARTMAN
Case No:96/2015
Judgement Date:2015-12-03
Keywords:Criminal Law and Procedure - appeal under s 319 of Criminal Procedure Act 51 of 1977 - conviction on a competent verdict to be regarded as an acquittal on the main count and does not debar an appeal on a question of law reserved.

Legal intention in the form of dolus eventualis - trial court incorrectly applying the principles thereof - constitutes an error of law.

Inference of fact to be drawn from the totality of the evidence - trial court not taking all the relevant evidence into account in determining the presence or otherwise of dolus eventualis - this also constitutes an error of law.

On a proper conspectus of all the evidence, the trial court ought to have found that the accused had been guilty of murder and not culpable homicide, and that his defence of putative private defence could not be sustained. Conviction of culpable homicide and the sentence imposed for that offence set aside under s 322 of CPA and the matter remitted to the trial court to impose sentence afresh.
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Rossitter amp others v Nedbank Ltd 96 2014 ZASCA 196 1 December 2015
Judges:NAVSA, SHONGWE, MBHA, MATHOPO, BAARTMAN
Case No:96/2014
Judgement Date:2015-12-01
Keywords:Civil Procedure – application of Uniform rule 42(1)(a) in terms of which a court is empowered to set aside a default judgment erroneously sought and granted in the absence of a party affected thereby.
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Dipholo v The State 094 15 2015 ZASCA 120 16 September 2015
Judges:BOSIELO, PETSE VAN DER MERWE
Case No:094/2015
Judgement Date:2015-09-16
Keywords:Appeal against effective sentence of 40 years’ imprisonment – leave to appeal refused by presiding magistrate – petition refused by full bench of the court below – leave to appeal to the Supreme Court of Appeal granted by the Supreme Court of Appeal – whether this Court has jurisdiction to hear appeals on the merits directly from the magistrates’ court – Section 309 of the Criminal Procedure Act 51 of 1977.
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Negondeni v the State 00093 15 2015 ZASCA 132 29 September 2015
Judges:LEACH, WILLIS, MATHOPO
Case No:093/2015
Judgement Date:2015-09-29
Keywords:Criminal trial – accused given no warning of prospect of minimum sentence – accused having incompetent legal representative selected by the judge – s 112 of Criminal Procedure Act 51 of 1977 not properly applied – accused did not have a fair trial - conviction and sentence set aside – matter remitted to the court a quo for trial de novo before a different judge.
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Arendse v S 089 15 2015 ZASCA 131 28 September 2015
Judges:SHONGWE, THERON, SALDULKER
Case No:089/2015
Judgement Date:2015-09-28
Keywords:Criminal law – identification by witnesses who had prior knowledge of the appellant – in cases where the witness has known the person previously, questions of identification of facial characteristics and of clothing are less important than where there was no previous acquaintance with the person sought to be identified – general principles of identification evidence, credibility and reliability of identifying witnesses revisited.
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Newlands Surgical Clinic v Peninsula Eye Clinic 086 2014 2015 ZASCA 25 20 March 2015
Judges:BRAND, LEWIS, PILLAY, DAMBUZA, MAYAT
Case No:086/2014
Judgement Date:2015-03-20
Keywords:Jurisdiction of SCA – confined to grounds upon which leave to appeal had been granted – no inherent jurisdiction to go beyond these grounds. Companies Act 71 of 2008 – reinstatement of deregistered company by virtue of s 82(4) has complete retrospective effect – including validation of corporate activities during period of deregistration – parties prejudiced by complete reinstatement afforded the opportunity to seek relief under s 83(4) of the Act.
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Strata International Pty Ltd v Ekhurhuleni Metropolitan Municipality 79 2014 2015 ZASCA 47 26 March 2015
Judges:NAVSA, LEACH, SALDULKER, VAN DER MERWE, MEYER
Case No:79/2014
Judgement Date:2015-03-26
Keywords:Local government - resolution by municipality to dispose of immovable property in response to unsolicited private bid - no public participation or transparency - resolution does not give rise to enforceable public law rights.
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Thulamela Municipality amp another v T Tshivhase amp others 78 2014 2015 ZASCA 57 30 March 2015
Judges:PONNAN, SHONGWE, MAJIEDT, DAMBUZA, GORVEN
Case No:78/2014
Judgement Date:2015-03-30
Keywords:Appeal against dismissal of an exception – a plea of lack of locus standi in an interlocutory application raised as a point in limine – dismissal of exception not appealable - judgment not finally determinative of the rights of the parties.
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SAMPRA v Foschini Retail Group Pty Ltd 50 2015 2015 ZASCA 188 30 November 2015
Judges:MPATI, MHLANTLA, PILLAY SWAIN, ZONDI
Case No:50/2015
Judgement Date:2015-11-30
Keywords:Determination by Copyright Tribunal of royalty payable in terms of s 9A read with s 30(b), 33(3) and 33(5) of the Copyright Act 98 of 1978 – jurisdiction of tribunal – established by absence of agreement between user and owner of copyright protected music as to amount of royalty – tribunal to be satisfied on all of evidence that claim of user to a reduced royalty well-founded in terms of s 33(5) – no onus upon user to prove this – determination of reasonable royalty – reference to comparable royalties payable in foreign jurisdictions.

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Shakawa Hunting amp Game Lodge Pty Ltd v Askari Adventures CC 44 2014 2015 ZASCA 62 17 April 2015
Judges:MPATI, LEACH, MAJIEDT, SALDULKER, DAMBUZA
Case No:44/2014
Judgement Date:2015-04-17
Keywords:Contract – interpretation - written agreement providing that respondent company to pay appellant 10% of its value if sold - meaning of term ‘value’- assets of respondent company sold – whether appellant entitled to 10% of selling price.
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Yende v Passenger Rail Agency of South Africa 39 2014 2015 ZASCA 49 27 March 2015
Judges:CACHALIA, BOSIELO, ZONDI, VAN DER MERWE, MAYAT
Case No:39/2014
Judgement Date:2015-04-27
Keywords:Delict – Negligence – appellant allegedly falling off train departing from station – whether negligence on the part of respondent proved.
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Panamo Properties Pty Ltd v Nel and Another NNO 35 2014 2015 ZASCA 76 27 May 2015
Judges:NAVSA, MAJIEDT, WALLIS, ZONDI, DAMBUZA
Case No:35/2014
Judgement Date:2015-05-27
Keywords:Business rescue proceedings – resolution by company in terms of s 129(1) of Companies Act 71 of 2008 – non-compliance by company with further requirements of ss 129(3) and (4) of the Act – effect – s 129(5) of the Act – non-compliance does not automatically result in the business rescue being terminated – such non-compliance a ground for bringing an application to court to set aside the resolution in terms of s 130(1)(a)(iii) of the Act – a court will only set aside such resolution if it is otherwise just and equitable to do so in terms of s 130(5) of the Act – the business rescue terminates in terms of s 132(2)(a)(i) of the Act once an order setting aside the resolution has been granted.
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Deutsches Altersheim Zu Pretoria v Roland Heinrich Dohmen 34 14 2015 ZASCA 3 5 March 2015
Judges:PONNAN, MHLANTLA, LEACH, ZONDI, MAYAT
Case No:34/2014
Judgement Date:2015-03-05
Keywords:Costs – death of respondent rendering appeal academic – liability for costs.
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Absa Bank Ltd v Snyman 22 2014 2015 ZASCA 67 20 May 2015
Judges:BRAND, CACHALIA, SHONGWE, WALLIS, PETSE
Case No:22/2014
Judgement Date:2015-05-20
Keywords:Section 63 of Magistrates’ Courts Act 32 of 1944 – superannuation of judgment in terms of this section occurs unless actual execution effected within three years – date of warrant of execution or reissued warrant in terms of Magistrates’ Courts rule 36 – within three year period – of no consequence.
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Roman rsquo s Transport v Zihlwele 13 2014 2015 ZASCA 13 16 March 2015
Judges:CACHALIA, SHONGWE, ZONDI, FOURIE, MEYER
Case No:13/2014
Judgement Date:2015-03-16
Keywords:Negligence –sudden emergency – driver not negligent where collision caused by sudden deflation of the right front tyre – Evidence – expert evidence – evaluation – basis for the rejection of expert evidence.
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Machongo v S 20344 14 2014 ZASCA 179 21 November 2014
Judges:SHONGWE, MATHOPO, GORVEN
Case No:20344/2014
Judgement Date:2014-11-21
Keywords:Criminal Procedure – sentence – failure to forewarn an accused person of the applicability of the Minimum Sentence Act is an irregularity which may result in an unfair trial in respect of sentence – an appeal court will be at large to consider sentence afresh upon finding that a misdirection existed – considering sentence afresh must mean that the appeal court ought to disabuse itself from what the court a quo said in respect of sentence and that such power to sentence resides in the provisions of s 276 of the Criminal Procedure Act 51 of 1977.
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Mahlamuza and another v State 20288 14 2014 ZASCA 213 1 December 2014
Judges:BRAND, WILLIS, MEYER
Case No:20288/2014
Judgement Date:2014-12-01
Keywords:Duplication of convictions – same set of proven facts giving rise to separate conviction of robbery with aggravating circumstances and two convictions of attempted murder – failure by State to establish (a) violence used against victims exceeded bounds of robbery and (b) further intention to kill –conviction on two counts of attempted murder thus unwarranted.
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Zono v The State 20182 2014 2014 ZASCA 188 27 November 2014
Judges:CACHALIA, LEACH, THERON
Case No:20182/2014
Judgement Date:2014-11-27
Keywords:Sentence – imprisonment – term of – non-parole period – order fixing a non-parole period in respect of offences committed before the promulgation of s 276B of the Criminal Procedure Act 51 of 1977 is improper.
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Rustenburg Local Municipality v Mwenzi Service Station 20146 2014 2014 ZASCA 207 1 December 2014
Judges:BRAND, PONNAN, LEACH, SALDULKER, MATHOPO
Case No:20146/2014
Judgement Date:2014-12-01
Keywords:Local Government Ordinance 17 of 1939 – whether dedication of certain road lanes to buses as part of the Municipality`s planned rapid transport network project constituted the permanent closure of those streets or roads as contemplated by s 67; Town Planning and Townships Ordinance 15 of the 1986 read with Land Use Management Scheme – whether planned construction a multi portal central bus station is permissible under any of the defined land uses under the existing zoning.
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Msunduzi Municipality v Dark Fibre Africa 20119 14 2014 ZASCA 165 01 October 2011
Judges:LEWIS, CACHALIA, SWAIN, FOURIE, DAMBUZA
Case No:20119/2013
Judgement Date:2014-10-01
Keywords:Interpretation – s 22 of Electronic Communications Act 36 of 2005 –
no permission required from landowner for an electronic network services licensee to exercise rights in terms of s 22 – landowner includes state organs – licensees must comply with applicable laws – applicable law cannot be used to limit the very act authorised in the licence - exercise of rights under s 22 constitutes administrative action and subject to PAJA constraints.
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Bamba v S 20089 14 2014 ZASCA 219 11 December 2014
Judges:SHONGWE, SWAIN, MOCUMIE
Case No:20089/2014
Judgement Date:2014-12-11
Keywords:Criminal law and procedure – circumstantial evidence – failure by the State to prove factual link between exhibits allegedly collected at scene and tested at ballistics laboratory – utmost care required of police in recovering, storing, recording and conveying exhibits – duty on prosecution to prove these elements.
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Ravele v S 20079 14 2014 ZASC 118 19 September 2014
Judges:CACHALIA, BOSIELO, MOCUMIE
Case No:20079/2014
Judgement Date:2014-09-19
Keywords:Appeal against both convictions and sentences - rape read with s 51(1) of the Criminal Law Amendment Act 105 of 1997 and s 3 of the Criminal Law Amendment Act 32 of 2007- right to a fair trial - attention of the appellant that he could be sentenced to life imprisonment not drawn at the outset - duplication of convictions - kidnapping committed as part of rape - proper approach to formulating charges under s 51 of the Criminal Law Amendment Act 105 of 1997 - whether sentence imposed is appropriate - no rehabilitative element infused in previous sentences.
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Ndlovu v The State 204 2014 2014 ZASCA 149 26 September 2014
Judges:MAYA, BOSIELO, THERON
Case No:204/2014
Judgement Date:2014-09-26
Keywords:Sentence – Prescribed sentences – Minimum sentence – Imposition of in terms of Criminal Law Amendment Act 105 of 1997 – Error in charge-sheet – Charge-sheet incorrectly stating offence as one of contravening s 51(2) instead of s 51(1) of the Act – Such error, without more, does not result in a failure of justice – Court not precluded from imposing life imprisonment.
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Avnit v First Rand Bank Ltd 20233 14 2014 ZASCA 132 23 September 2014
Judges:MPATI
Case No:20233/2014
Judgement Date:2014-09-23
Keywords:Leave to appeal – refusal of application by two judges of the SCA in terms of s 17(2)(c) of the Superior Courts Act 10 of 2013 – application to the President of the SCA in terms of s 17(2)(f) of the Act to refer the decision to the court for reconsideration or review – exceptional circumstances – what constitutes.
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J Nemutandani v The State 944 13 2014 ZASCA 128 22 September 2014
Judges:BRAND, MBHA, MATHOPO
Case No:944/2013
Judgement Date:2014-09-22
Keywords:Criminal Law – appellant convicted for murder and robbery for which he was sentenced to 20 years and 18 years' imprisonment respectively – sentences not ordered to run concurrently – misdirection by court a quo – sentences ordered to run concurrently.
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Director-General Home Affairs v Dekoba 224 2013 2014 ZASCA 71 28 May 2014
Judges:MTHIYANE, LEACH, WALLIS, VAN ZYL, MATHOPO
Case No:224/2013
Judgement Date:2014-05-28
Keywords:Refugee – holder of an asylum seeker permit in terms of s 22(1) of Refugees Act 130 of 1998 – decision by Refugee Status Determination Officer in terms of s 24(3)(c) of Refugees Act taken on appeal to Refugee Appeal Board – refugee attending appeal hearing – her case not reached and permit extended – decision by Refugee Appeal Board to dispose of her appeal on the basis that she did not appear a nullity – refugee retained her status as refugee and her entitlement to a temporary asylum seeker permit – subsequent arrest and deprivation of permit invalid – restoration of permit.
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Bapedi Marota Mamone v The Commission of Traditional Leadership Disputes and Claims amp others 260 13 2014 ZASCA 30 28 March 2014
Judges:MAYA, LEACH, THERON, WILLIS, MOCUMIE
Case No:260/2013
Judgement Date:2014-03-28
Keywords:Review – s 6(2) of the Promotion of Administrative Justice Act 3 of 2000 – review threshold – whether the Commission of Traditional Leadership Disputes and Claims ignored relevant material information placed before it when deciding that the institution of the Bapedi kingship resorts under the Sekhukhune lineage – whether such decision rationally connected to that information or justifiable on the reasons given for it.
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Geoffrey Mark Steyn v The State 100 13 2014 ZASCA 20 27 March 2014
Judges:MHLANTLA, BOSIELO, VAN ZYL
Case No:100/2013
Judgement Date:2014-03-27
Keywords:Appeal against sentence – delay between sentencing and hearing of appeal – no misdirection committed by court below – appeal dismissed.
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Dean of the Law Faculty of the University of North West amp others v Masisi 297 2013 2014 ZASCA 2 20 February 2014
Judges:NAVSA,MHLANTLA, PETSE, VAN ZYL, SWAIN
Case No:297/2013
Judgement Date:2014-02-20
Keywords:Appeal from Equality Court – complaint in Equality Court concerning university’s refusal to give credit for more than 50 per cent of courses completed at another university – university rules and policy with statutory underpinning set aside by Equality Court – failure to provide Minister of Education and other universities or their collective voice with opportunity to participate in proceedings – orders set aside and matter remitted.

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GB Mining v Commissioner SARS 903 2012 2014 ZASCA 29 28 March 2014
Judges:NAVSA, SHONGWE, THERON, WALLIS, SWAIN
Case No:903/2012
Judgement Date:2014-03-28
Keywords:Revised tax assessments issued by respondent – appellant lodging objection – objection disallowed – appeal to Pretoria Tax Court dismissed – on appeal held:

– Payments as part of an attempted financial rescue offer not deductible.
– Disposal of rights to a mineral tailings dump by appellant resulted in a capital gain.
– Travel expenditure partially deductible.
– Disposal of an asset to a joint venture resulted in a capital gain.
– Disposal of an interest in a joint venture resulted in a capital gain.
– Partial remission of additional tax granted.

Assessments based on tax returns and financial statements by appellant – appellant failing to prove incorrect – effect thereof – assessments upheld.
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Absa Bank Ltd v Mahomed 876 12 2012 ZASCA 1 20 January 2014
Judges:MAYA, MALAN, PETSE, WILLIS, SALDULKAR
Case No:876/2012
Judgement Date:2014-01-20
Keywords:Banker – liability of a commercial bank for illegal and unauthorised transactions purportedly concluded in its name by its agent – appellant bank’s agent and respondents concluding interest bearing deposit investment agreements using fictitious account holder names to conceal undeclared taxable funds from SARS – bank agent misappropriating funds – no trace of respondents’ deposits on bank’s processing systems and records – bank agent not duly authorised to represent bank in concluding illegal agreements designed to defraud the fiscus – respondents failing to establish their pleaded causes of action and bank’s appeal upheld
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Coetzee v Financial Planning Institute of SA 1079 13 2014 ZASCA 205 28 November 2014
Judges:NAVSA, LEACH, SALDULKER, SWAIN, MOCUMIE
Case No:1079/2013
Judgement Date:2014-11-28
Keywords:Disciplinary hearing – charge not requiring same degree of formality as criminal trial – particularity of factual information underlying allegations required – test whether information sufficient to enable accused to know what case to meet – appellant adequately informed of particulars of charge – appeal dismissed.
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Bayer Pharma AG v Pharma Dynamics Pty Ltd 1066 2013 2014 ZASCA 201 28 November 2014
Judges:BRAND, LEWIS, THERON, SCHOEMAN, DAMBUZA
Case No:1066/2013
Judgement Date:2014-11-28
Keywords:Application for amendment of registered patent in terms of s 51 of Patents Act 57 of 1978 – objection that proposed amendment will render claim 1 of the patent unclear – further opposition on the basis that, in any event, the application should be refused for reasons of ‘undue delay’ and ‘reprehensible conduct’ on the part of the patentee.
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Legal-Aid South Africa v Mzoxolo Magidiwana 1055 13 2014 ZASCA 141 26 September 2014
Judges:PONNAN, MAYA, SWAIN, ZONDI, FOURIE
Case No:1055/2013
Judgement Date:2014-09-26
Keywords:Appeal – s 16(2)(a)(i) of the Superior Courts Act 10 of 2013 – power of court to dismiss appeal where judgment or order sought would have no practical effect or result – discretion of court - where the parties have by agreement settled all disputes between them - there is no discretion for the court to exercise.
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Luthuli v The State 1049 2013 2014 ZASCA 164 01 October 2014
Judges:MPATI, BOSIELO, WILLIS
Case No:1049/2013
Judgement Date:2014-10-01
Keywords:Procedure – appeal against conviction and sentence on the merits – application for leave to lead further evidence – main witness and potential witnesses to give further evidence deceased – requirements for leading further evidence satisfied – applicant’s conviction and sentence set aside in interests of justice.
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Minister of Safety and Security v Van der Walt 1037 13 2014 ZASCA 174 19 November 2014
Judges:MPATI, TSHIQI, THERON, SWAIN, MOCUMIE
Case No:1037/2013
Judgement Date:2014-11-19
Keywords:Delict – unlawful detention – vicarious liability – Minister of Safety and Security liable for negligent conduct of a police officer – magistrate not liable in delict for negligent conduct while performing judicial function – Minister of Justice consequently not vicariously liable for the negligent conduct of magistrate – malice – magistrates only liable personally for malicious conduct – malicious conduct not proved and magistrate not sued personally for alleged malicious conduct.
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SASCOC v Lane 1016 13 2014 ZASCA 189 27 November 2014
Judges:MPATI, LEWIS, MAYA, BOSIELO, FOURIE
Case No:1016/2013
Judgement Date:2014-11-27
Keywords:Voluntary resignation – suspension from board membership rendered moot by a subsequent resignation.
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Visser v 1 Life Direct Insurance Limited 1005 13 2014 ZASCA 193 28 November 2014
Judges:CACHALIA, WILLIS, SWAIN, FOURIE
Case No:1005/2013
Judgement Date:2014-11-28
Keywords:Life insurance policy – repudiation by insurer – alleged misrepresentation and non-disclosure by deceased of pre-existing medical condition – insurer failing to discharge onus.
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MK Nkomo v The State 979 2013 2014 ZASCA 186 26 November 2014
Judges:CACHALIA, MBHA, GORVEN
Case No:979/2013
Judgement Date:2014-11-26
Keywords:Criminal Procedure – Appeal – Application for the remittal of a case to a trial court for the hearing of further evidence - witness recanting earlier evidence given at the trial - power of the court to make an order for remittal to be exercised sparingly and only when there are exceptional circumstances which warrant the granting of such an order – exceptional circumstances shown.
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Holford v Carleo Enterprises 977 2013 2014 ZASCA 195 28 November 2014
Judges:MAYA, SHONGWE, SALDULKER, MATHOPO, GORVEN
Case No:977/2013
Judgement Date:2014-11-28
Keywords:Review of award of arbitration appeal panel – whether the appeal panel exceeded its powers – whether the appeal panel committed a gross irregularity – application of requirements for review.
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Minister for Safety and Security v Scott 969 2013 2014 ZASCA 84 30 May 2014
Judges:NAVSA, SHONGWE, THERON, WILLIS, LEGODI
Case No:969/2013
Judgement Date:2014-05-30
Keywords:Delict – pure economic loss – contract between second respondent and American entity cancelled due to first respondent’s arrest and detention – loss of contractual income and profits suffered by a stranger to a contract – public policy considerations dictating that delictual liability not be imposed – danger of indeterminate liability - quantum – first respondent wrongfully arrested and detained for about nine hours – award of R75 000 altered to R30 000.
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Passenger Rail Agency of South Africa v Mashongwa 966 13 2014 ZASCA 202 28 November 2014
Judges:PONNAN, MAJIEDT, PILLAY, ZONDI, DAMBUZA
Case No:966/2013
Judgement Date:2014-11-28
Keywords:Delict – passenger thrown off train - liability for- whether rail agency negligent.
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Commissioner for the South African Revenue Service v Mobile Telephone Networks Holdings Pty Ltd 966 12 2014 ZASCA 4 7 March 2014
Judges:PONNAN, SHONGWE, WALLIS, VAN ZYL, LEGODI
Case No:966/2012
Judgement Date:2014-03-07
Keywords:Income Tax Act 58 of 1962 – s 11(a) read with ss 23(f) and (g) – audit fees incurred for a dual or mixed purpose – apportionment of.
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Calvin v The State 962 2013 2014 ZASCA 145 26 September 2014
Judges:CACHALIA, WILLIS, SCHOEMAN
Case No:962/2013
Judgement Date:2014-09-26
Keywords:Rape – complainant 6 years old – life imprisonment – youthfulness of the appellant – whether substantial and compelling circumstance justifying lesser sentence
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Nndateni v The State 959 13 2014 ZASCA 122 19 September 2014
Judges:MHLANTLA, THERON, WILLIS, SWAIN, LEGODI
Case No:959/2013
Judgement Date:2014-09-19
Keywords:Sentence – appeal against - rape – accused not charged in terms of the provisions of Criminal Law Amendment Act 105 of 1997 – high court however sentencing appellant to life imprisonment in terms of Act – such constituting material misdirection – sentence set aside – case remitted to the high court for the reconsideration of sentence.
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Ramaite v The State 958 13 2014 ZASCA 144 26 September 2014
Judges:CACHALIA, WILLIS, SCHOEMAN
Case No:958/2013
Judgement Date:2014-09-26
Keywords:Criminal law - rape -11 year old relative of accused accused conducting his own defence - fairness of hearing without legal representation—waiver of right to legal representation.
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Bath v Bath 952 12 2014 ZASCA 14 24 March 2014
Judges:LEWIS, SHONGWE, THERON, SWAIN, MOCUMIE
Case No:952/2012
Judgement Date:2014-03-24
Keywords:Terms of antenuptial contract inconsistent and incoherent: context did not clarify precisely what the parties intended to achieve: contract void for vagueness and marriage thus in community of property.
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State Bank of India v Denel SOC Limited 947 13 2014 ZASCA 212 3 December 2014
Judges:BRAND, BOSIELO, THERON, MBHA, FOURIE
Case No:947/2013
Judgement Date:2014-12-03
Keywords:Interpretation of on demand guarantees - whether demands compliant with terms of guarantees - whether a South African court has jurisdiction where a guarantee expressly provides that it should be governed and construed in accordance with the exclusive jurisdiction of the Indian courts.
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City of Cape Town v Arun Property Developments 943 12 2014 ZASCA 56 16 April 2014
Judges:NAVSA, PONNAN, THERON, EILLIS, MATHOPO
Case No:943/2012
Judgement Date:2014-04-16
Keywords:Interpretation – interpretation of section 28 of Land Use Planning Ordinance (LUPO) – section not amounting to expropriation – no compensation due.
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Royal Anthem Investments v Yuen Fan Lau 941 2012 2014 ZASCA 19 26 March 2014
Judges:PONNAN, MHLANTLA, LEACH, MATHOPO, MOCUMIE
Case No:941/2012
Judgement Date:2014-03-26
Keywords:Sale of immovable property - deposit and transfer duty paid by purchaser to conveyancing attorney - sale subsequently cancelled - attorney obliged to repay deposit and transfer duty to purchaser and not to hold them on behalf of seller.
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Du Plooy v The State 940 13 2014 ZASCA 200 28 November 2014
Judges:BRAND, WILLS, MEYER
Case No:940/2013
Judgement Date:2014-11-28
Keywords:Sentence – two charges of murder and one of theft – mitigating factors – relied upon in the main – youthfulness and influence of ‘drugs’ – sentence of 12 years imposed by high court – interference on appeal unwarranted.
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Bakgatla-Ba-Kgafela Tribal Authority v Bakgatla-Ba-Kgafela Tribal Communal Property Association 939 13 2014 ZASCA 203 28 November 2014
Judges:LEWIIS, MAJIEDT, WALLIS, PILLAY, DAMBUZA
Case No:939/2013
Judgement Date:2014-11-28
Keywords:Provisional Communal Property Association registered in terms of s 5 of Community Property Association Act 28 of 1996 – 12 month period not extended - association ceased to exist – no Community Property Association registered in terms of s 8 of the Act.
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Rustenburg Local Municipality v Vincent Mdango 937 13 ZASCA 83 30 May 2014
Judges:MHLANTLA, BOSIELO, THERON, WILLIS, SWAIN
Case No:937/2013
Judgement Date:2014-05-30
Keywords:Eviction in terms of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – section 6 – eviction of unlawful occupiers – power of court to make an order that is just and equitable.
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Belet Cellular v MTN Service Provider 936 2013 2014 ZASCA 181 24 November 2014
Judges:LEWIS, CACHALIA, BOSIELO, SALDULKER, MEYER
Case No:936/2013
Judgement Date:2014-11-24
Keywords:Practice – Pleadings – Exception on ground that particulars of claim bad in law because term of contract limiting liability of the parties to each other prohibits the recovery of the type of damages claimed – Language of the limitation clause, when read in the context of the agreement as a whole, not clear – Excipient did not establish that limitation clause cannot reasonably bear the meaning contended for by the appellant – Appeal upheld.
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MEC for the Department of Health v De Necker 924 2013 2014 ZASCA 167 8 October 2014
Judges:NAVSA, BRAND, PILLAY, MBHA, SCHOEMAN
Case No:924/2013
Judgement Date:2014-10-08
Keywords:Whether claim for damages by a doctor against the hospital where
she was employed based on her being raped whilst on duty was excluded by the
provisions of s 35(1) of the Compensation for Occupational Injuries and Diseases
Act 130 of 1993 – whether rape arose out of her employment – held that the rape
bore no relation to her employment – was not incidental to such employment –
egregious nature of rape discussed – policy of Act restated.
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Christelis NO v Meyer NO 916 12 2014 ZASCA 53 16 April 2014
Judges:MTHIYANE, MHLANTHLA, WALLIS, LEGODI, MATHOPO
Case No:916/2012
Judgement Date:2014-04-16
Keywords:Claim in terms of lex furtiva – requirements – proof of existence of assets the subject of the claim and that they had been disposed of with knowledge of the plaintiff’s claim – evidence unsatisfactory.
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Sakhiwo Health Solutions v MEC of Health Limpopo 908 2013 2014 ZASCA 206 28 November 2014
Judges:LEWIS, BOSIELO, WALLIS, SCHOEMAN, DAMBUZA
Case No:908/2013
Judgement Date:2014-11-28
Keywords:In construing a contract a court must have regard to all the provisions of the contract and not view any in isolation. A service delivery agreement, entered into pursuant to a request for proposals (RFP) and a bid award, and which expressly referred to the RFP, had to be read subject to the provisions of the RFP.
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Murabi v Murabi 893 12 2014 ZASCA 49 1 April 2014
Judges:MTHIYANE, PETSE, SALDULKER, VAN ZYL, LEGODI
Case No:893/2012
Judgement Date:2014-04-01
Keywords:Marriage - Validity - civil marriage contracted while the man is a partner in a subsisting customary union with third party void - falling foul of s 1 of the Marriage and Matrimonial Property Law Amendment Act 3 of 1988.
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MEC Local Government and Traditional Affairs v Botha NO 887 13 2014 ZASCA 211 1 December 2014
Judges:NAVSA, SHONGWE, THERON, SWAIN, FOURIE
Case No:887/2013
Judgement Date:2014-12-01
Keywords:Valuation of immovable property by municipality for purpose of levying rates in terms of Local Government: Municipal Property Rates Act 6 of 2004 - variation to valuation roll occurs in terms of s 55 as a result of objections lodged or by means of a supplementary valuation in terms of s 78 - In present circumstances s 80 of the Act in terms of which MEC may grant condonation and extension of time periods, inapplicable.
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X-Procure Software Pty Ltd v Sutherland 882 13 2014 ZASCA 196 28 November 2014
Judges:MAYA, LEACH, WILLIS, SALDULKER, MOCUMIE
Case No:882/2013
Judgement Date:2014-11-28
Keywords:Interpretation of a written contract – claim for commission - context and also the need for a sensible and businesslike result required an interpretation that commission would be payable – appeal dismissed with costs.
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PMG Motors v Firstrand Bank 866 2013 2014 ZASCA 180 24 November 2014
Judges:LEWIS, PONNAN, WILLIS, MATHOPO, GORVEN
Case No:866/2013
Judgement Date:2014-11-24
Keywords:Companies in liquidation – Jurisdiction – operation of s 84(2) of the Insolvency Act on claim under the condictio indebiti where payment made in respect of cancelled instalment agreements and vehicles returned pursuant to cancellation – whether factual dispute raised – appropriateness of application proceedings for claim under condictio – whether application premature in light of objection to account in terms of s 111 of the Insolvency Act.
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Minister of Education for the Western Cape v Beauvallon Secondary School 865 2013 2014 ZASCA 218 9 December 2014
Judges:BRAND, MAYA, LEACH, WILLIS, MATHOPO
Case No:865/2013
Judgement Date:2014-12-09
Keywords:Closure of schools under s 33 of Act 84 of 1996 – nature of reasons to be given under s 33(2) – gist of reasons sufficient – effect of new reasons emerging during consultative process – SADTU need not be consulted before school closed.
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Shuttleworth v South African Reserve Bank 864 2013 2014 ZASCA 157 1 October 2014
Judges:NAVSA, PONNAN, MAJIEDT, FOURIE, MOCUMIE
Case No:864/2013
Judgement Date:2014-10-01
Keywords:Exchange Control – regulation 10(1)(c) of the Exchange Control Regulations – lawfulness of the imposition of a ten per cent exit levy by the South African Reserve Bank on the value of assets sought to be exported upon emigration – whether court can order repayment of the levy.
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Delport v The State 861 13 2014 ZASCA 197 28 November 2014
Judges:CACHALIA, LEACH, THERON, MAJIEDT, SCHOEMAN
Case No:861/2013
Judgement Date:2014-11-28
Keywords:Criminal proceedings – whether order of the high court (sitting as a court of appeal) remitting matter to a magistrate for trial to continue appealable – authority of prosecutor to prosecute challenged five years after commencement of trial – whether in the interests of justice for appeal to be entertained – no unusual circumstances – remittal order not appealable – whether Supreme Court of Appeal has jurisdiction to entertain appeal where leave is granted by high court on specific rather than general grounds.
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The Competition Commission v Computicket 853 13 2014 ZASCA 185 26 November 2014
Judges:BRAND, PONNAN, THERON, ZONDI, FOURIE
Case No:853/2013
Judgement Date:2014-11-28
Keywords:Competition Act 89 of 1998 (the Act) – after the amendment to s 168(3) of the Constitution in terms of the 17th Constitution Amendment Act 2012 – appellate jurisdiction of the SCA confined to matters contemplated in s 62(2) of the Act – meaning of ‘constitutional matter’ in s 62(2)(b) of the Act – whether appellate jurisdiction in ‘constitutional matters’ reserved for the Constitutional Court exclusively in terms of s 63(2) of the Act – application for leave to appeal – consideration of prospects of success on appeal.
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Fielies v The State 851 2013 2014 ZASCA 191 28 November 2014
Judges:BOSIELO, MAJIEDT, WILLIS
Case No:851/2013
Judgement Date:2014-11-28
Keywords:Criminal appeal against sentence – appellant convicted on his plea of guilty of 39 counts of corruption involving R649 827 – sentenced to imprisonment for 5 years with 2 years suspended for 5 years on suitable conditions – failure by the trial court to call a probation officer – its effect – did the trial court have sufficient information about the appellant to enable it to impose an appropriate sentence.
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Lemthongthai v S 849 2013 2014 ZASCA 131 25 September 2014
Judges:NAVSA, WALLIS, SWAIN
Case No:849/2013
Judgement Date:2014-09-25
Keywords:26 Contraventions of s 57(1) read with, amongst others, ss 101(1) and 102 of the National Environmental Management: Biodiversity Act 10 of 2004 and 26 contraventions of s 80(1)(i) of the Customs and Excise Act 91 of 1964 – appellant fraudulently procured permits to shoot and kill rhino for the ostensible purpose of trophy hunting, when in fact it was always intended to trade illegally in rhino horn – regional court sentencing appellant to 40 years’ imprisonment – reduced on appeal to the high court to 30 years’ imprisonment – misdirections in both courts – unsubstantiated assumptions made by high court – department criticised for allowing manipulation of the permit system and for inadequate supervision – conservation of biodiversity emphasised – need to protect and conserve biodiversity for present and future generations restated – constitutional rights of citizens to have the environment protected through reasonable legislative and other measures that promote conservation – sentence of 30 years’ imprisonment too severe – appellant spent 16 months in custody awaiting his trial – sentence reduced to 13 years’ imprisonment and a fine of R1 million imposed.
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Zuma v DA 836 2013 2014 ZASCA 101 28 August 2014
Judges:MPATI, NAVSA, BRAND, PONNAN, TSHIQI
Case No:836/2013
Judgement Date:2014-08-28
Keywords:Interpretation and enforcement of order of this court in Democratic Alliance v Acting National Director of Public Prosecutions (2012) 3 SA 486 (SCA) – ANDPP ordered to produce record of decision to discontinue prosecution against appellant save for confidential written representations and anything that might reveal such representations – no blanket prohibition – no specific claim of confidentiality by appellant despite opportunities to assert such claims – audio recordings conceded to be compellable – sufficient safeguards in relation to production of internal documentation within the office of the NDPP that make up part of the record of decision – conduct of officials of the NDPP criticised.
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Holm Jordaan v City of Tshwane Metropolitan Municipality 830 13 2014 ZASCA 105 3 September 2014
Judges:LEWIS, MAYA, WALLIS, WILLIS, DAMBUZA
Case No:830/2013
Judgement Date:2014-09-03
Keywords:Where an architect’s commission in respect of the design of a building is conditional upon a decision to proceed with the project, and final terms are not agreed by all parties concerned, no contract comes into existence; the decision to proceed does not amount to a repudiation.
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Nthabalala v The State 829 13 2014 ZASCA 28 28 March 2014 </