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High Court of South Africa Eastern Cape, Bhisho - 2013

3 judgments
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3 judgments
Citation
Judgment date
June 2013
Institute of Training and Education for Capacity Building v MEC for Education of Province of Eastern Cape (165/2012) [2013] ZAECBHC 11 (4 June 2013)
Interpretation of a 10% annual escalation clause and unlawful repudiation entitled plaintiff to contractual damages and interest.
Contract interpretation – "escalated by 10% per annum" – literal meaning supported by surrounding/background circumstances and parties' conduct.* Admissibility of extrinsic evidence/factual matrix to resolve ambiguity in contractual terms.* Repudiation of public procurement service contract – unlawful repudiation entitles service provider to claim contractual damages and interest.* Damages assessed as unpaid contractual sums for second year and unperformed third year (mitigation principle noted).
 4 June 2013
April 2013
S v Mpambanso (2/2006) [2013] ZAECBHC 4 (3 April 2013)
Reported
The State must prove absence of prejudice before amending charges under s86(1); amendment refused.
Criminal procedure – Amendment of charge under s86(1) CPA – consolidation of multiple counts into one – amendment vs substitution – onus on the State to prove absence of prejudice – fair trial implications where State’s case closed and accused has closed his defence.
 3 April 2013
February 2013
South African Democratic Teachers Union (SADTU) and Others v MEC for the Department of Basic Education: Eastern Cape Province and Others (573/2012) [2013] ZAECBHC 2 (18 February 2013)
Reported
Deadline non-compliance did not automatically invalidate 2013 educator post establishments; substantial compliance and prior court order warranted dismissal.
Education law; statutory interpretation – whether School Act s58C impliedly repealed post-distribution model clause 8; mandatory vs directory time-limits; substantial compliance suffices; rationality review of administrative decision; PAJA s8(1) discretion to preserve certainty and practicality; binding effect of prior unappealed court order compelling implementation.
 18 February 2013