High Court of South Africa Eastern Cape, Mthatha - 2014

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4 judgments

Citation	Judgment date
October 2014
S v Mabhayi (CA 801 of 2013) [2014] ZAECMHC 35 (30 October 2014) Confession and pointing out reliably confirmed; convictions and life sentences for murder and housebreaking upheld. Criminal law – Confession and pointing out – Admissibility and reliability – Section 209 CPA confirmation – Corrected recording errors and uninitialled amendments not fatal – Credibility assessment of accused’s evidence – Sentencing – Malgas guidelines – Life sentences appropriate where killing to prevent testimony and victims vulnerable.	30 October 2014
February 2014
Kondlo v Eastern Cape Development Corporation (CA&R 53 /2013) [2014] ZAECMHC 6 (27 February 2014) Reported The respondent’s summary judgment was set aside because the magistrate improperly condoned Rule non‑compliance. Magistrates’ Court Rules — Rule 6(6) — failure to annex written contract — deemed irregular step under Rule 6(13); Rule 60/60A — scope — no general power of condonation to dispense with form or substance of rules; Summary judgment — Rule 14(1) — limited to specified categories; Affidavit in support — Rule 14(2) — ‘‘verify’’ means to swear positively to facts verifying cause and amount; Procedural fairness — irregularity to be remedied under Rules 60/60A, not condoned absent express rule or s54 conference.	27 February 2014
Madzodzo and Others v Minister of Basic Education and Others (2144/2012) [2014] ZAECMHC 5 (20 February 2014) Reported Court found provincial education authorities breached learners' right to basic education by failing to provide required school furniture and ordered prompt delivery. * Education law – right to basic education (section 29(1)(a)) – immediately realisable right – provision of necessary resources including age and grade appropriate furniture. * Compliance with court orders – audit, verification and delivery plan – non-compliance of provincial education authorities. * Budgetary constraints – not a blanket defence to immediate obligations under section 29(1)(a). * Judicial remedies – supervisory jurisdiction; mandatory orders with fixed timeframes; conditional extension mechanism; costs order including two counsel.	20 February 2014
January 2014
Stephen v Member of the Executive Council for Local Government And Traditional Affairs and Others (995 of 2013) [2014] ZAECMHC 1 (30 January 2014) Reported Applicant failed to establish valid withdrawal or urgency; successor’s conditional recognition upheld and application dismissed with costs. * Traditional leaders – Recognition and removal – Eastern Cape Traditional Leadership and Governance Act 4 of 2005 – Sections 18, 20 and 21 – identification, recognition, regency and removal. * Procedural law – Review of administrative decision – validity of royal-family withdrawal and requirement for proper customary process. * Acting/regent – cessation of acting role when identified successor attains majority. * Interdict – availability of statutory remedies and absence of irreparable harm. * Citizenship/residency – impact on eligibility under section 6(3) and conditional recognition.	30 January 2014