|
Citation
|
Judgment date
|
| December 2014 |
|
|
Rape convictions upheld but life sentence set aside for lack of proper notice; substituted with two ten-year terms.
Criminal law – rape (incest) – convictions upheld; Procedural fairness – section 105 Criminal Procedure Act – notice of charge and minimum-sentence consequences; Defective charge-sheet – need for section 94 (multiple occasions) or section 86 amendment; Minimum Sentences Act – incorrect reliance on section 51(1) (life) where charge did not provide notice; Sentencing on appeal – substitution of sentence.
|
18 December 2014 |
| November 2014 |
|
|
Reported
Provincial statutory lapsing of grocer’s wine licences was an arbitrary deprivation of property and declared unconstitutional.
* Constitutional property – licences – grocer’s wine licences constitute property under s 25(1) when they have commercial value and stability.
* Deprivation – transitional statutory lapsing of licences amounted to substantial deprivation of property.
* Arbitrariness – deprivation arbitrary where stated aims (administrative simplification, regulatory concerns) are insufficient and speculative.
* Severability and interim relief – offending words and s71(5) severed; interim authorisation to continue selling wine pending Constitutional Court confirmation.
* Procedural matters – urgency, non-joinder of national Minister, s64 and Rule 16A non-compliance condoned.
|
13 November 2014 |
|
Automatic statutory lapsing of grocer’s wine licences arbitrarily deprived property rights and is constitutionally invalid.
Constitutional law – property – licences and permits – grocer’s wine licences constitute property under s25(1); Deprivation – deprivation by statute and arbitrariness – automatic lapsing of licences after ten years arbitrary and unjustified; Remedies – severance and referral to Constitutional Court; Interim relief – continued sale pending confirmation; Procedural – urgency and condonation of non-compliance with s64 and Rule 16A.
|
13 November 2014 |
|
Assessment under s79 was irregular; court erred by finding guilt when accused was unfit—matter remitted for proper s77/79 process.
Criminal procedure — sections 77–79 CPA — constitution and appointment of psychiatric panel under s79; procedure where accused is found unfit — court may only determine, on balance of probabilities, whether accused committed the actus reus; improper finding of guilt and consequent detention under s77(6)(a) set aside; matter remitted for compliant psychiatric assessment.
|
7 November 2014 |
| September 2014 |
|
|
Reported
Hotel not liable for guest’s slip where a reasonable cleaning regime existed and a signed exemption clause/disclaimers applied.
* Delict – premises liability – slip and fall in hotel toilet – proof of negligence requires foreseeability and failure to take reasonable precautions (Kruger v Coetzee). * Evidence – adequacy of cleaning systems and absence of evidence of system failure. * Contract – caveat subscriptor binds signatory to registration terms. * Exemption clauses/disclaimers – enforceability against guests; public policy/constitutional challenge examined (Barkhuizen, Afrox, Brisley). * Alternative defences – contributory negligence/intoxication raised but not proven.
|
12 September 2014 |
| August 2014 |
|
|
Whether a ten‑day discovery order effects automatic striking out of the defence on non‑compliance and the proper procedure to enforce discovery.
* Civil procedure – interpretation of court orders – plain language of an order determines its effect; extrinsic evidence inadmissible where meaning is clear. * Discovery – Rule 35(3) and (7) – consequences of non‑compliance; proper procedure to compel discovery. * Default judgment – effect of an order providing that defence "will be struck out" on non‑compliance and ensuing entitlement to apply for judgment. * Relief – availability of reinstatement under Rule 27 after striking out for non‑compliance.
|
22 August 2014 |
| June 2014 |
|
|
Reported
A High Court division’s main seat has province‑wide jurisdiction; defendants failed to disclose a bona fide defence to resist summary judgment.
Jurisdiction – Superior Courts Act 10 of 2013 – s 6, s 21 and s 50 – Division’s jurisdiction covers entire province; local seats have concurrent territorial jurisdiction – s 27 removal of matters – summary judgment – Rule 32(3) – sufficiency of deponent’s knowledge and authority.
|
26 June 2014 |
|
Reported
Review was premature: applicant failed to exhaust internal municipal appeal (s62) or seek exemption under PAJA s7(2)(c).
* Administrative law – PAJA s5 and s7 – obligation to request reasons and to exhaust internal remedies before instituting review; exemption under s7(2)(c) requires an application and exceptional circumstances. * Local government – Systems Act s62 – internal appeal procedure and time periods; notification may be informal but reasons must be sought under PAJA. * PAIA – right of access to information distinct from PAJA reasons. * Interpretation – constitutional values do not justify reading into statutes provisions absent from their clear language; inconsistent statutory provisions must be reconciled where possible.
|
19 June 2014 |
|
Known false press publications may be interdicted when damages are inadequate and conduct warrants enhanced costs.
Press and defamation – publication of false statements known to be untrue – availability of final interdict versus damages – balancing freedom of expression with protection of reputation – aggravated conduct justifying enhanced costs.
|
12 June 2014 |
| May 2014 |
|
|
A postnuptial notarial contract reflecting a pre‑marriage agreement can be an antenuptial contract; accrual not excluded absent an express, informed agreement.
* Matrimonial property – postnuptial notarial contract executed pursuant to court order – effect as antenuptial contract where terms agreed before marriage (s88 Deeds Registries Act; s2 Matrimonial Property Act).
* Accrual system – can only be excluded by express, informed agreement in antenuptial contract; oblique wording and parties’ ignorance of accrual do not suffice.
* Onus – party alleging exclusion of statutory accrual bears the onus to prove an express agreement to exclude it.
|
29 May 2014 |
|
Reported
Lis alibi pendens rejected; tender enforceable and executor validly ceded estate rights, obliging delivery of the sheep.
* Civil procedure – lis alibi pendens – court may in discretion determine later proceedings where justice, equity and convenience require it.
* Executors – administration – validity of cession – executor may cede rights of estate to beneficiaries or third parties where legally permissible.
* Tenders – common law tender accepted as admission of liability; attempts to vary performance after acceptance do not invalidate original tender.
* Remedies – executor in possession of estate property obliged to deliver to rightful cessionary; costs awarded to successful applicant.
|
6 May 2014 |
| April 2014 |
|
|
Reported
A sentencing court cannot preclude future courts from ordering concurrent sentences when activating a suspended sentence.
Criminal procedure – Suspended sentence – Section 297 CPA – Whether sentencing court may prescribe that a suspended sentence, if activated later, shall not run concurrently with any future sentence – Future court’s discretion to bring suspended sentence into operation and to impose conditions.
|
15 April 2014 |
| February 2014 |
|
|
Contract fixed VAT due on registration; respondent in mora from transfer date and liable for prescribed interest.
* Contract law – mora ex re – contractual fixation of time for performance means no demand required to place debtor in mora.
* Tax law – VAT liability on sale of immovable property – transfer duty exemption certificate does not exempt VAT where contract provides for VAT.
* Interest – Prescribed Rate of Interest Act 55 of 1975 – discretion to reduce rate not exercised where debtor caused its own default.
* Conveyancing – incorrect notation by conveyancer does not alter contractual tax liabilities.
|
20 February 2014 |
|
Court refuses to interfere with arbitrator's refusal to postpone absent gross irregularity or failure of natural justice.
Arbitration — limited scope of judicial interference — Court may only intervene for gross irregularity, failure of natural justice, or lack of evidentiary basis for arbitrator's discretion; Arbitration agreements binding — time constraints and informal procedures govern tribunal's conduct; Refusal to postpone for counsel unavailability not reviewable absent exceptional circumstances.
|
20 February 2014 |
| January 2014 |
|
|
Reported
The applicant may pursue a delictual claim for property damage despite contractual remedies agreed with the respondent.
Delict v contract – Aquilian action for physical damage to property; duty of care arising independently of contract; interpretation of lease clauses (insurance clause 9.3; indemnity clause 16.3); positive hazardous conduct by lessee’s employees; exception dismissed.
|
31 January 2014 |
|
Reported
An earlier amendment ruling deciding interruption of prescription estops defendants from re‑pleading prescription.
Civil procedure – Prescription – Whether prescription may be pleaded after an earlier amendment ruling decided interruption by service on attorneys; res judicata (issue estoppel) – same parties and same issue finally decided – finality and fairness considered; service on attorney as interrupting prescription where true debtor was aware of claim.
|
9 January 2014 |