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Citation
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Judgment date
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| November 2011 |
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Reported
Whether a registered owner who divested control remains an "owner" under the Veld and Forest Fire Act and liable under s 34.
National Veld and Forest Fire Act 101/1998 – definition of "owner" – common-law meaning includes control, possession and power of alienation; registration not determinative. Section 34 – presumption of negligence – requires landowner who controls land; no presumption where registered owner has divested control. Ownership – incidents of ownership (control, possession, alienation) decisive in liability for veld fires. Costs – successful plaintiff/defendant costs; provisional costs order permitting further argument.
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9 November 2011 |
| October 2011 |
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Excessive judicial questioning and failure to administer oath rendered the trial unfair; convictions set aside.
Criminal procedure – Automatic review under s 302(1) – Judicial questioning and limits of s 167; Right to testify under oath – s 162(1) breach; Fair trial and impartiality – excessive judicial intervention prejudicing accused; Evaluation of single-witness evidence; Procedural defects in record (missing SAP69/J4).
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6 October 2011 |
| September 2011 |
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30 September 2011 |
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Lease validly terminated; occupier’s continued occupation unlawful and alleged relocation undertaking not binding, eviction suspended until planning approvals obtained.
Property law — Eviction — Valid termination of commercial lease — Continued occupation after vacate date unlawful; Contract/administrative law — Statement of intention to accommodate occupiers not a binding undertaking; Public law — Public-interest objections by private club insufficient to suspend eviction; Procedural — Pending review and boundary disputes do not necessarily bar eviction, but court may make operation conditional on required planning approvals.
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9 September 2011 |
| July 2011 |
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Reported
A prior inconsistent statement by a hostile witness may be admitted substantively if reliable and corroborated.
Evidence — Prior inconsistent statement by hostile witness — Admissibility as substantive evidence where guarantees of reliability exist (oath, voluntariness, accurate recording, cross‑examination) — Exception to hearsay — Conspectus of evidence — Probative value v prejudicial effect (s 3(1)(c) Law of Evidence Amendment Act) — Fair trial rights (s 35(3) Constitution).
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26 July 2011 |
| May 2011 |
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Reported
Court allowed amendment to cite statutory rape provision and dismissed the applicant’s appeal against conviction and sentence.
Criminal law – Rape – statutory definition in s 3 Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 – common law relating to rape repealed – Amendment of charge on appeal under s 86(1) Criminal Procedure Act – distinction between amendment and substitution (S v Kruger) – prejudice to accused – sentence: no substantial and compelling circumstances to deviate from prescribed life sentence (s 51(1)).
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31 May 2011 |
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Reported
An unsworn intermediary does not automatically invalidate child testimony; sentence remitted pending age determination.
Criminal procedure – child witnesses – competence under s164 where child does not understand nature of oath but can distinguish truth from falsehood; s170A intermediaries – role distinguished from interpreters and unsworn intermediary does not automatically render evidence inadmissible; sentencing – remittal for determination of offender's age before application of s51 Criminal Law Amendment Act.
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27 May 2011 |
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Appeal dismissed: lower court properly treated child‑return application as urgent, had jurisdiction, and costs order stands.
Family law – enforcement of custodial order – urgent return of child; Jurisdiction of provincial division to enforce custody orders despite removal to other division; Urgency and in limine objections must be raised in court a quo; Failure to seek adjournment constitutes waiver of right to file answering affidavits; Children’s Act does not automatically displace existing custody orders.
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19 May 2011 |
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Applicant failed to prove respondent negligent; respondent entered on green and judgment for respondent with costs.
Road traffic – signal-controlled intersection – presumption that opposing lights are red – credibility and probability in collision evidence – duty of driver on green only to observe traffic already in intersection or plainly negligent – onus on plaintiff to prove causal negligence; apportionment not warranted where defendant entered on green.
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13 May 2011 |
| April 2011 |
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Approximate written sale can satisfy Alienation of Land Act if property and price are ascertainable; notice can bind subsequent owner.
Alienation of Land Act s 2(1) — written agreements for sale of land — identification of subject matter by description and admissible extrinsic evidence; approximate descriptions and vesting of discretion — ascertainable price by formula — exception procedure — particulars of claim must disclose cause of action; doctrine of notice — prior personal rights may bind subsequent registered owners with knowledge.
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1 April 2011 |
| March 2011 |
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Fraud convictions prima facie show unfitness to practise, but proven reformation justified suspension, not striking off.
Attorneys Act s22(1)(d) – meaning of "fit and proper person" – criminal convictions involving dishonesty constitute prima facie proof of unfitness; three‑stage inquiry (establishment of conduct; fitness to continue; appropriate sanction); non‑professional misconduct can justify disciplinary action; reformation, mitigation and subsequent unblemished practice may warrant suspension rather than striking off.
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25 March 2011 |
| February 2011 |
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Whether "other outgoings" includes routine property expenses, making the seller liable to indemnify the purchaser pre-transfer.
Contract law – interpretation of sale agreement – meaning of "rates, taxes and other outgoings" – whether phrase includes routine property expenses (security, gardening, cleaning, fire protection, maintenance). Contractual interpretation – golden rule, context and background – ejusdem generis inapplicable to general word "outgoings." Remedies – indemnity/recovery by purchaser for payments made prior to transfer.
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28 February 2011 |
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An admission of guilt based on a written notice lacking required particulars is invalid; conviction and fine set aside.
Criminal Procedure Act s84, s56, s57 – Written notice/admission of guilt – Requirement for sufficient particulars in a charge – Admission of guilt equivalent to plea for purposes of sufficiency of charge – Defective written notice renders resultant conviction invalid (R v Mbokazi; S v Hugo).
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10 February 2011 |
| January 2011 |
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Reported
Court refuses to invalidate party structures or compel elections; National Council may hear and sanction; applications dismissed with costs.
Constitutional interpretation of voluntary association rules – beneficent, practical construction of peremptory language. Party structures – clause preserving officers for a reasonable period post term (clause 3.6) validly sustains governance pending elections. Disciplinary procedure – party National Council may hear and impose sanctions under s10.9; pre-emptive review premature. Implied terms – court will not imply a right to compel elective conferences unless necessary; mere convenience insufficient. Judicial restraint – courts reluctant to interfere in internal affairs of voluntary political parties absent prejudice or proprietary interest.
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17 January 2011 |