Most Recent Judgments

Income tax – Application for default judgment in terms of rule 56 of the rules prescribed by the Tax Administration Act 28 of 2011 – application failed to meet jurisdictional requirements even on unopposed basis.

 

Criminal law and procedure – section 40(1)(b) of the Criminal Procedure Act 51 of 1977 – arrest without a warrant – whether respondents’ conduct in arresting and detaining the appellant was wrongful, unlawful and unjustified.

 

Suspended declaration of invalidity — urgent application for extension of a suspension of invalidity — avoid last-minute applications for extension.

Interests of justice overarching factor — extension granted.

 

Review application – access to record of the impugned decision. Whether the respondent in a self-review application is entitled to a record of the impugned decision in terms of Uniform Rule 53(1)(b) or whether it should seek discovery of the record in terms of Tribunal Rule 17(4) read with Uniform Rule 35(13), (1) and (2).

 

Review and setting aside of procurement contract due to procurement irregularities – just and equitable relief.

 

Muslim marriages — non recognition — infringement of rights to dignity, equality, access to courts and principle of best interests of the child.

Constitutional invalidity — Divorce Act 70 of 1979Marriage Act 25 of 1961 — retrospectivity.

 

Analogue switch-off date — duty to give notice — procedural rationality.

Remedy — review of Minister’s decision — separation of powers — substitution not appropriate — setting aside of Minister’s decision.

 

National Credit Act 34 of 2005 (the NCA) – what constitutes reasonable suspicion for National Credit Regulator to initiate a complaint in terms of s 136 of the NCA – competence of National Consumer Tribunal (the Tribunal) to order the appointment of an independent auditor to assess extent of first respondent’s overcharging – appeal upheld – order of the Tribunal reinstated.

 

Administrative law – review – principle of legality – imposition of conditions of licences – condition that licensee must maintain a level 4 broad-based black economic empowerment certification – jurisdictional facts giving rise to power to impose such condition not satisfied – absent jurisdictional facts Board not empowered to impose impugned conditions – decision set aside on review.

 

Criminal law and procedure – arrest without warrant – s 40(1)(b) of the Criminal Procedure Act 51 of 1977 – failure to exercise discretion whether to arrest upon existence of jurisdictional facts for arrest without warrant – resultant arrest and detention unlawful – determination of appropriate quantum of damages.

 

Trade Marks Act 194 of 1993 – ss 34(1)(a), (c) and 34(2)(b) – trade mark infringement claims – disclaimer in relation to registered trade mark ‘CLEAR VU’ – registration of a mark shall not debar others from the bona fide descriptive use of the words ‘clear view’ – whether respondent’s use of those words in the course of trade bona fide and descriptive of its kind of goods and their characteristics – whether respondent’s conduct unlawful and amounting to passing-off.

 

  News, Speeches and Guidelines

Case Summary: S v De Klerk (AR 326 of 2009) [2009] ZAKZPHC 48 (08 October 2009)

Submitted by Inge Papp on Thu, 06/23/2022 - 20:05

Read the full judgment here.

 

The appellant pleaded guilty to 3 counts of indecent assault on sisters, aged 6, 7 and 11 years respectively. The appellant, who was 39 at the time, was sentenced to 10 years on each count and was granted leave to appeal on the sentence. The appellant called a clinical psychologist to testify on sentence.

 

Case Summary: Carolissen v Director of Public Prosecutions 2016 (2) SACR 171 (WCC)

Submitted by Inge Papp on Thu, 06/23/2022 - 19:44

Read the full judgment here.

 

This case involves an appeal, under s10(1) of the Extradition Act 67 of 1962, against the finding of the Magistrates’ Court that the appellant is liable to be extradited to the United States of America to stand trial in the Federal Court in Maine on charges relating to the production and dissemination of child pornography.