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Citation
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Judgment date
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| November 2018 |
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Reported
Applicants failed to show mining unlawful; pre‑2014 EMPs and transitional provisions permit continuation of existing operations.
Environmental law – One Environmental System – transitional provisions deeming pre‑2014 approved EMPs under the MPRDA to constitute environmental authorisations under NEMA; Municipal planning – SPLUMA/KZN PDA do not retrospectively require municipal consent for lawful pre‑existing mining operations; Waste management – listing notice transitional relief permits continuation pending ministerial call for licence; Heritage law – section 35 KZN Heritage Act requires AMAFA approval for grave relocations; Interdicts – applicant must plead specific unlawful conduct, meet Setlogelo requirements and ordinarily exhaust alternative statutory remedies.
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20 November 2018 |
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Reported
Conviction overturned: child-witness admonishment was adequate but identification by a single child was unreliable, so guilt not proved.
Criminal procedure – child witness competence and admonishment – ss 162, 164 CPA; single witness evidence and cautionary rule; identification evidence; dock identification; requirement that guilt be proved beyond reasonable doubt.
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9 November 2018 |
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Applicants’ claim to compel re‑issued VAT invoices dismissed for failure to join CSARS and to exhaust VAT Act remedies.
Value‑Added Tax — tax invoices — prohibition on issuing more than one tax invoice (s 20(1)(i)) — peremptory invoice particulars (s 20(4)(c)) — offence (s 58(k)) — Commissioner’s power to remedy anomalies (s 72) — joinder of CSARS — exhaustion of statutory remedies.
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6 November 2018 |
| October 2018 |
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A confirmed theft conviction after enrolment rendered the respondent unfit to remain on the roll; striking off and surrender of certificate ordered.
Attorneys – strike off – convicted of theft after enrolment – conviction confirmed on appeal – misconduct established and no need for separate disciplinary enquiry. Attorneys – fit and proper person – dishonesty and abuse of trust towards beneficiaries – grounds for removal from roll. Procedure – role of society’s enquiries – rule applies to unproven allegations; not required where courts have determined misconduct. Appeals – unprosecuted petition to higher court does not indefinitely delay disciplinary removal; exceptional circumstances required to suspend order.
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31 October 2018 |
| August 2018 |
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An informal, timely letter can constitute a valid 'request to tax' under Rule 68(3)(b); condonation was unnecessary.
Civil procedure — Taxation of sheriff’s account — Interpretation of Uniform Rule 68(3)(a) and (b) — meaning of ‘request to tax’ — informal request can suffice; 90-day period computed in court days (excluding weekends/public holidays) — taxing officer misdirected in requiring condonation.
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22 August 2018 |
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A licensing refusal stood: Board reasonably found applicant associated with existing licensee, so LPM licence was denied.
Gaming law – Limited Payout Machines (LPMs) – Regulation 107 – interpretation of "not associated with" – purposive construction in light of National Gambling Act and regulatory objectives. Administrative law – PAJA review – alleged irrationality, taking into account irrelevant considerations, unlawful delegation and authority of CEO – decision held reasonable. Company law – corporate veil – piercing only in exceptional cases of fraud or abuse; not required where indicia of association justify regulatory refusal.
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8 August 2018 |
| June 2018 |
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Reported
Ex parte competition search warrants require admissible evidence and full disclosure; absent these, warrants are set aside.
Competition law – search warrants under s 46(1) – requirement of reasonable grounds based on information on oath – admissibility of hearsay/double hearsay – confirmatory affidavits – duty of full and frank disclosure in ex parte applications – distinction between horizontal (s 4(1)(b)) and vertical relationships – remedies: rescission of warrant, return of seized material, costs (including two counsel).
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15 June 2018 |
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Warrantless arrest upheld for reasonable suspicion; detention after bail payment unlawful and R75,000 damages awarded.
Criminal procedure – Arrest without warrant (s 40(1)(b)) – Requirement that arresting officer be a peace officer, entertain a suspicion, suspicion relate to a Schedule 1 offence and rest on reasonable grounds – Discretion to arrest – Detention after bail payment – s 12(1)(a) Constitution (freedom and security of the person) – State’s onus to justify continued detention – Award of damages for arbitrary deprivation of liberty.
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8 June 2018 |
| May 2018 |
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Reported
Applicant’s PAJA review dismissed as not instituted within 180 days; service on respondents’ prior attorney ineffective.
Administrative law – PAJA s7(1) 180-day rule – institution of review requires service on all affected parties; Uniform Rules – service on attorney of record under Rule 4(1)(aA) requires that attorney to be on record/mandated; Petroleum Products Act licensing – Minister’s consideration of status quo and economic viability (s2B; Reg 18(2)) lawful.
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28 May 2018 |
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A notarial lease registered without proper municipal authority and MEC approval was declared invalid.
Municipal and procurement law – validity of notarial lease – whether a lease registered in favour of an entity not authorised by Council and contrary to MEC oversight is valid – effect of unauthorised Power of Attorney and notary’s reliance on inaccurate documents. Delegation and authority – limits on municipal delegation in terms of the Systems Act and requirement for Council or Executive Committee authority. Public procurement – transparency, fair evaluation and prohibition of fronting/shelf companies; failure to comply vitiates exercise of public power.
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18 May 2018 |
| February 2018 |
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Reported
Whether the appellant could retain overhead power lines by acquisitive prescription or by incorporation of supply conditions.
Property law – servitude by acquisitive prescription – necessity of admissible evidence establishing date of erection and 30 years’ open use. Contract – incorporation of standard terms – annexure must be proved attached or shown to have been received; printed acknowledgment insufficient against denial. Caveat subscriptor and quasi-mutual assent – limits where factual attachments are alleged. Retrospective wayleave/right of way clauses – unusual or unexpected clauses may require explicit attention.
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16 February 2018 |