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High Court of South Africa Free State, Bloemfontein

The Free State Division of the High Court of South Africa (previously named the Orange Free State Provincial Division and the Free State High Court, and commonly known as the Bloemfontein High Court is a superior court of law with general jurisdiction over the Free state province of South Africa. The division sits at  Bloemfontein.

7 judgments
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7 judgments
Citation
Judgment date
November 2016
MEC for Public Works and Infrastructure, Free State Provincial Government v Mofomo Construction CC (A 138/2016) [2016] ZAFSHC 196 (24 November 2016)
An organ of state cannot unilaterally repudiate a procurement appointment absent proper review and adequate evidentiary disclosure.
Administrative law; procurement law – s 217 Constitution; PAJA review; requirement to produce record of decision; evidentiary burden in motion proceedings; validity of contract formed by acceptance, execution and conduct; inability of an organ of state to unilaterally repudiate administrative decisions without review.
 24 November 2016
Botha v Botha (4457/2016) [2016] ZAFSHC 194 (17 November 2016)
Friendly sequestration dismissed: applicant failed to prove sequestration would advantage creditors due to defective valuations and costs.
Insolvency — s 12(1)(c) advantage to creditors — friendly sequestration — unreliable valuation evidence — forced-sale values, trustees' and auctioneers' fees negate dividends to concurrent creditors; role of Master under s 9(4); debt review under NCA as alternative.
 17 November 2016
S v Tsoaeli and Others (A 222/2015) [2016] ZAFSHC 217 (17 November 2016)
Reported
Attendance at a peaceful gathering without prior notice does not, by itself, constitute an offence under s12(1)(e) of the RGA.
Regulation of Gatherings Act – interpretation of s12(1)(e) – whether mere attendance at an unnotified gathering is an offence – nullum crimen sine lege – protection of peaceful assembly – mens rea and spontaneous gatherings defence.
 17 November 2016
Body Corporate of the Hydromed Sectional Title Scheme and Others v Du Plessis N.O. and Others (6000/2015) [2016] ZAFSHC 182 (3 November 2016)
A valuation and rates levy on unregistered section‑25 extension units was unlawful; the R81m valuation is set aside and substituted with nil.
Municipal Property Rates Act 6 of 2004 – valuation rolls and valuation criteria – distinction between rating policy/levying rates (chs 2–3) and valuation procedures (chs 4–8). Sectional Titles Act s 25 – real right of extension – registration requirement and effect on rateability. Whether unregistered sectional title units/section‑25 extensions are rateable property – necessity to comply with s 78 supplementary valuation procedures before rating. Review – rationality and legality of Valuation Appeal Board decisions; limits of board’s powers when valuation roll/supplementary valuation statutory procedures not followed. Procedural complaints (delay, reasons, public participation) do not automatically justify setting aside valuation roll where fair appeal occurred and values were agreed.
 3 November 2016
October 2016
S v Van Heerden (A 160/2016) [2016] ZAFSHC 191 (27 October 2016)
Consent induced by fraud does not negate unlawfulness; conviction and six-year sentence for stock theft confirmed.
Criminal law – Theft – elements: unlawfulness, intention to permanently deprive; consent vitiated by fraud or material non‑disclosure; theft by false pretences encompassed by theft charge; adequacy of evidence where single or uncorroborated witness; failure to call available witness not necessarily fatal; sentencing for stock theft.
 27 October 2016
July 2016
Afriforum and Another v Chairman of Council of University of Free State and Others (A 70/2016) [2016] ZAFSHC 130 (21 July 2016)
University's policy change curtailing Afrikaans was set aside for failing to apply s 29(2)'s reasonably practicable and Ministerial Policy requirements.
Constitutional law; language rights in education (s 29(2)) — "reasonably practicable" standard; universities as organs of state; requirement to consider equity, practicability and redress; compatibility with Ministerial Policy on languages; review for rationality and material error of law.
 21 July 2016
May 2016
S v Tshabalala (102/2015) [2016] ZAFSHC 90 (5 May 2016) (Review)
Conviction and sentence set aside where s112(1)(a) was improperly used, review delayed and firearm finding lacked inquiry.
Criminal procedure – review – non‑compliance with s303 and delay in forwarding records; Pleas — section 112(1)(a) reserved for minor offences; imprisonment cannot follow s112(1)(a) conviction; remedy under s304A where proceedings not in accordance with justice; sentencing — duty to apply Zinn triad and give reasons; firearms — fitness declaration requires proper inquiry; administrative responsibility of clerks and Chief Magistrates; training/guidelines required.
 5 May 2016