Supreme Court of Appeal of South Africa - 2008 June

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6 judgments

Citation	Judgment date
June 2008
Stewart and Another v Botha and Another (340/2007) [2008] ZASCA 84 (3 June 2008) Reported The applicant’s 'wrongful life' delictual claim is contrary to public policy and is dismissed. Delict – wrongful life – claim by child for being born with congenital defects due to medical failure to detect/inform – wrongfulness considered by reference to public policy and constitutional norms – distinction between parents’ ‘wrongful birth’ claims and child’s ‘wrongful life’ claim – courts should not adjudicate whether non-existence is preferable to life with disabilities.	3 June 2008
City of Cape Town v Helderberg Park Development (Pty) Ltd (291/2007) [2008] ZASCA 79 (2 June 2008) Reported Failure to pursue statutory appeal or review bars a compensation claim under s 28 LUPO for excess road reserve. Administrative law – LUPO s 28 (vesting of public streets) – entitlement to compensation where provision exceeds ‘normal need’ – interplay with s 42 rezoning conditions – availability of internal appeal (s 44) and judicial review as primary remedies – collateral challenge to unlawful rezoning condition – expropriation/confiscation.	2 June 2008
Kungwini Local Municipality v Silver Lakes Homeowners Association and Another (220/2007) [2008] ZASCA 83 (2 June 2008) Reported Council resolution to increase rates was lawful, but the publication notice failed statutory requirements and was invalid. Local government — Property rates — s 10G(7) LGTA — Council may lawfully adopt rates where objections have been considered through prior consultation; formal debate at council not always required; Publication requirements — s 10G(7)(c) — notice must state operative date and allow statutory objection period; substantial compliance required; implementing rates before objection period expires invalidates notice and amounts to unlawful retrospective levy; National Treasury guideline percentages are advisory, non-dispositive.	2 June 2008
Ovation Preservation Pension Fund and Others v Executive Officer Financial Services Board (519/2007) [2008] ZASCA 82 (2 June 2008) Reported Court may order curatorship costs from investors' trust assets and restrict disinvestment and benefit payments under s 5 FI Act. Financial Institutions (Protection of Funds) Act s 5 — curatorship powers — wide discretion under s 5(5)(b) and (f) — curator authorised to manage and investigate institution — trust assets remain beneficially owned by investors but enjoyment may be temporarily restricted — court may authorise curatorship costs to be defrayed pro rata from investor assets when institution funds insufficient — FSB funds not available to meet curatorship costs — court may restrict disinvestment and benefit payments during curatorship.	2 June 2008
S v Langeveldt (453/2007) [2008] ZASCA 81 (2 June 2008) The applicant’s negligent driving and not-credible version upheld; conviction confirmed. Criminal law – culpable homicide – negligent driving causing fatal collision; credibility findings; inference of intoxication/lack of control from erratic driving and posture; appeal — no misdirection by trial court; brake-mark evidence held insufficient to support accused’s version.	2 June 2008
S v Mocke (609/2007) [2008] ZASCA 80 (2 June 2008) Reported Unexplained acceptance of a single, potentially implicated witness justified appellate reassessment and substitution to accessory after the fact. Criminal law — Appeal — Misleading judgment — Trial court accepting single State witness without reasons — misdirection permitting appellate reassessment; Single witness/accomplice rule — evidence of a potentially implicated witness must be treated with caution; Sufficiency of evidence — murder not proved beyond reasonable doubt, conviction substituted to accessory after the fact; Sentence — substitution to correctional supervision appropriate where facts and probation report before appellate court; Costs — State ordered to pay wasted costs on attorney-and-client scale for non-appearance.	2 June 2008