High Court of South Africa North Gauteng, Pretoria - 2016

Sort by:

7 judgments

Citation	Judgment date
December 2016
Masemola v Special Pensions Appeal Board and Another (10448/16) [2016] ZAGPPHC 1 (15 December 2016)	15 December 2016
November 2016
A R v Minister of Home Affairs and Others (79430/16) [2016] ZAGPPHC 2 (23 November 2016) A detained aspirant asylum seeker who indicates intent to apply must be released and given a temporary permit pending determination. * Refugee law – aspirant asylum seeker – entitlement to be released to apply for asylum and to be issued/renewed temporary permit under ss 21 and 22 of the Refugees Act; * Administrative law – role of Refugee Status Determination Officer – courts should not pre-empt merits or bona fides of asylum claims; * Exclusion clauses – s 4(1)(b) of the Refugees Act requires proof of foreign law and non-political character of alleged crimes before disqualification can be applied; * Duty of Home Affairs officials to facilitate asylum applications once intention is communicated.	23 November 2016
September 2016
S v Mvubu (A 260/2016) [2016] ZAGPPHC 496 (9 September 2016) Appeal: murder conviction under dolus eventualis upheld; robbery reclassified to theft; sentences reduced and reordered. * Criminal law – murder – dolus eventualis – foresight of possibility of death and reconciliation – conviction upheld. * Criminal law – robbery v theft – domestic relationship and motive – robbery substituted with theft. * Fraud – electronic/debit card transactions – repeated unauthorised withdrawals and misrepresentations proved fraud. * Sentence – appellate interference where trial court misdirected on sentence – substitution of sentences and concurrency/antedating orders.	9 September 2016
Hernani v De Klerk; In re: Hernani v Deksny Trading CC and Others (58802/2011) [2016] ZAGPPHC 5 (7 September 2016) Whether members/trustees are personally liable under s64 for reckless or fraudulent carrying-on of a close corporation’s business. Close corporation – s64 Close Corporations Act – personal liability of members/trustees for reckless, grossly negligent or fraudulent carrying-on of business; unjustified enrichment; proof and interpretation of oral agreement; foreign-currency judgment and exchange-rate directions; costs on attorney-and-client scale.	7 September 2016
June 2016
Director of Public Prosecutions North Gauteng v Alberts (A835/14) [2016] ZAGPPHC 495 (30 June 2016) Reported Child pornography - Appeal against sentence - Nature of the offence - Section 28(1)(d) of the Constitution - Protection of children against maltreatment as subjects of pornographic material - The purpose of the Films and Publications Act 65 of 1996 - Specific issues on sentencing - Need to adopt a global perspective due to online sexual abuse - Need for harmonisation of sentencing.	30 June 2016
March 2016
Engelbrecht v Khumalo, In Re: Tarloy Properties (Pty) Ltd v Engelbrecht (2013/73273) [2016] ZAGPPHC 4 (18 March 2016) Reported Head of Court granted consent under s47(1) to issue a third-party notice against a Judge, finding an arguable, justiciable issue. * Civil procedure – Proceedings against judges – Section 47(1) Superior Courts Act – gatekeeping function and requirement of consent. * Good cause test – fact-specific, whether an arguable justiciable issue exists and whether it is fair, just and equitable to grant consent. * Joinder – third-party notice (Rule 13(1)(a)) to a Judge based on alleged indemnity in a sale-of-shares agreement. * Access to courts – protection of bona fide litigants versus protection of judicial function from vexatious litigation.	18 March 2016
Diener NO v Minister of Justice and Others (30123/15) [2016] ZAGPPHC 3 (2 March 2016)	2 March 2016