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Citation
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Judgment date
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| May 2017 |
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Reported
Review court corrected a mistaken statutory conviction, set aside unlawful non-parole and administrative sentencing orders, and substituted reduced sentences.
Criminal procedure – review – erroneous statutory reference in conviction corrected on review; sentencing – section 276B non-parole periods require exceptional circumstances and opportunity to address; separation of powers – court may not direct place of detention or mandate prison rehabilitation programmes; sentencing vitiated by misdirection may be altered on review.
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19 May 2017 |
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Reported
Conviction set aside where child’s unsworn, unadmonished evidence required correction; matter remitted for proper admonishment and confirmation.
Criminal procedure — Child witness — Failure to administer oath or admonish under s164 Criminal Procedure Act 51 of 1977 — Formal inadmissibility but procedural/technical irregularity — No substantial prejudice to accused — Conviction and sentence set aside — Matter remitted for proper admonishment and confirmation of evidence (S v B principles).
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16 May 2017 |
| April 2017 |
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Reported
Re-arrest after a matter is struck off may be justified, but magistrates must first investigate delays under section 342A.
Criminal procedure – re-arrest after case struck off the roll; interpretation and limits of s 60(11) Criminal Procedure Act; obligation to investigate delays under s 342A before refusing postponement or striking matters; abuse of power where police effect re-arrest to circumvent judicial orders; impact of prolonged pre-trial detention and procedural fairness.
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6 April 2017 |
| February 2017 |
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Reported
Court upheld magistrates' activation of suspended sentences and found compensation‑condition provisions constitutional.
Criminal procedure – suspension of sentence – s 297(1)(b) and s 297(7) – compensation as suspensive condition – scope of judicial discretion and review for gross irregularity. Sentencing – restorative justice – compensation condition adaptable to offender’s means; partial compliance and ‘circumstances beyond control’ recognised. Constitutional law – equality, fair trial and freedom from servitude – challenge to compensation condition dismissed; statutory safeguards adequate (Bearden v Georgia considered). Civil remedy s 300 distinguished from compensation condition in sentencing; differing purposes and remedies.
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9 February 2017 |
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Turquand rule protects an applicant from a municipality’s internal-authorisation defence; summary judgment granted for unpaid ceded invoices.
Summary judgment — Deed of cession — Municipal cession to contractor — Turquand/indoor management rule applies to municipalities — Third parties contracting in good faith need not investigate internal authorisations — Defence alleging lack of municipal authorisation not bona fide — Summary judgment appropriate on dispositive legal point.
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9 February 2017 |
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Where parties have mixed success on separate claims, costs should follow the results and be taxed per issue.
Costs — apportionment where parties have mixed success on severable claims — refusal to award arbitrary aliquot portion of total costs — costs to follow results per issue — settlement made an order of court — taxing master to calculate taxed or agreed costs for each claim (Spilg v Walker; Golding).
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1 February 2017 |