Most Recent Judgments

Hague Convention on the Civil Aspects of International Child Abduction, 1980 – whether a defence to the return of a child to Luxembourg, in terms of art 13(b), was established – return of the child would have the effect of breaking up her family in South Africa – the evidence established that there was a grave risk that the child would, as a result, be exposed to psychological hardship or otherwise be placed in an intolerable situation – the art 13(b) defence established.

 

Delict – damages – contract – exemption clause – whether the respondent’s cause of action founded on delict fell within the ambit of the exemption clause contained in the contract concluded between the parties – whether the high court was correct in finding that liability for a delictual claim for damages was not excluded on the basis of the exemption clause – construction of the exemption clause – the respondent’s cause of action fell within the ambit of the clause – appellant’s liability for the claim excluded.

 

Interpretation of orders – rule 42 or common law – clarification of order – whether qualifying costs including costs of two counsel occasioned by an amendment prior to hearing included in wasted costs order granted – appeal dismissed – order of the full court confirmed.

 

Prescription – of damages claim based on acceptance of repudiation of contract – when prescription commences to run – innocent party’s cause of action for damages accrues when election to treat the contract as at an end is communicated to repudiating party – special plea correctly dismissed.

 

Right to privacy – the right to freedom of expression – public disclosure of personal information by owner – whether such personal information protected by right to privacy – personal information ceases to be private once released to public domain by owner – appeal upheld.

 

Procurement – Section 217(1) of the Constitution – whether a tripartite agreement between two organs of state and a private entity was one that contemplated contracting for goods or services – the agreement, in furtherance of the objects of the organs of state, required the private entity to provide smallholder farmers with cattle, paid for with public funds, veterinary kits and feed supplements, and to provide training and mentorship – the agreement was for the provision of goods and services as contemplated by s 217(1) – no procurement process complying with s 217(1) prec

Statutory interpretation – s 59(3) of the Defence Act 42 of 2002 – jurisdictional requirements – officers of South African National Defence Force discharged after absenting themselves from official duty – whether they were entitled to hearing – whether discharge lawful.

 

Posts and Telecommunications-Related Matters Act 44 of 1958 – rules of Post Office Retirement Fund (the Fund) – rule 3 requires the South African Post Office (SAPO) to pay to the Fund pension contributions, including employees’ contributions, on a monthly basis – SAPO stopped paying contributions – rule 3 places an obligation on SAPO to pay contributions – the obligation to pay has not been 2 extinguished or deferred by intervening impossibility of performance – the obligation to pay may not be avoided by SAPO deciding not to pay the Fund, but to pay other creditors instead