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Citation
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Judgment date
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| December 2014 |
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A homeowners’ association clearance condition is a real right binding successors, including liquidators; levies are not "tax".
Land law – Restrictive title conditions – Clearance certificate for transfer – Real right binding successors (including liquidators); Insolvency law – Levies and penalties payable to homeowners’ associations – Not "tax" under s 89(5) of the Insolvency Act; Enforcement of homeowners’ association rights against insolvent owners and their liquidators.
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12 December 2014 |
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Reported
Collected VAT does not constitute trust property of SARS; misappropriation is addressed by statutory offences, not common‑law theft.
Criminal law; Value‑Added Tax — whether misappropriated collected VAT constitutes property of SARS for common‑law theft; statutory scheme under VAT Act creates debtor‑creditor relationship not trust; courts should not create new criminal liability where legislature provided specific sanctions; nullum crimen, nulla poena sine praevia lege poenali.
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12 December 2014 |
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Reported
Whether an unmarried father acquired parental rights under s21(1)(b), rendering the child’s removal without consent wrongful.
Children’s Act s 21(1)(b) – acquisition of parental responsibilities by unmarried father – meaning of "contribute(s)" and "for a reasonable period" – factual, value‑judgment enquiry; contributions need not be material or quantified. Hague Convention Article 3 – wrongful removal where rights of custody exist and are being exercised; temporary absence does not negate exercise of custody. Admissibility – evidence post‑dating the relevant date of removal is irrelevant to the statutory question.
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12 December 2014 |
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Reported
A title-registered clearance embargo is a real right that binds trustees and the Master in insolvency.
Property — title condition — transfer embargo requiring homeowners association clearance — real right or personal right — test: intention to bind successors and subtraction from dominium (restriction of ius disponendi) — embargo held real and binding on Master/trustees; amounts for clearance form costs of realisation under s89 Insolvency Act — analogous to statutory municipal/sectional-title embargoes.
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12 December 2014 |
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Ballistic evidence without a proven chain of custody cannot sustain a murder conviction against the appellant.
Criminal law – Circumstantial evidence – Chain of custody for ballistic exhibits – Ballistics report unreliable where exhibit numbers and registers do not match; prosecution must prove recovery, preservation and conveyance of exhibits. Procedural law – Special leave to appeal required following repeal of old Supreme Court Act. Evidence – Where ballistic linkage fails, proven facts must exclude all reasonable inferences except guilt per R v Blom.
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11 December 2014 |
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Reported
Gist of reasons under s33(2) suffices; undisclosed pre-existing reasons vitiate closure; union consultation not required.
• Education law – school closure under s 33 Schools Act – statutory notice-and-comment procedure and requirement to inform governing body of reasons – gist of reasons sufficient for meaningful representations. • Administrative law – PAJA and principle of legality – classification of action unnecessary where statutory procedural requirements not complied with. • Procedural fairness – additional reasons emerging during consultation may be relied upon; pre-existing undisclosed material reasons vitiate decision. • Trade unions – no separate statutory duty to consult SADTU under s 33(2). • Rationality – closure decisions rationally connected to legitimate educational and resource objectives.
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9 December 2014 |
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Reported
Whether the applicant may interdict its bank from honouring counter‑guarantees given non‑compliant demands and an exclusive jurisdiction clause.
Bank guarantees – on‑demand guarantees and counter‑guarantees – independence from underlying contract – strict compliance by beneficiary with guarantee wording required; choice‑of‑law/exclusive jurisdiction clause in a counter‑guarantee may oust local jurisdiction; interdict against bank payment available only in exceptional cases; mandator has locus to enforce implied term in mandate.
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3 December 2014 |
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Appeal dismissed: complainant’s corroborated evidence and trial court credibility findings upheld convictions.
Criminal law – evaluation of evidence – single witness corroboration – consent – inherent improbability of accused’s version – deference to trial court credibility findings (S v Chabalala; R v Mlambo; S v Phallo; S v Pistorius).
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1 December 2014 |
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Reported
Attempted murder convictions set aside where violence was within robbery's bounds and intent to kill was not proven.
Criminal law – duplication of convictions – robbery with aggravating circumstances and attempted murder arising from same facts – Moloto test (excessive force endangering life and intention to kill). Evidence – nature and degree of injuries; inference of intimidation versus intent to kill. Sentencing – application of minimum sentences under s 51(2); concurrency and cumulative effect considered.
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1 December 2014 |
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Reported
Purposive claim construction and evidence of commercial manufacture defeated a revocation for alleged patent inutility.
Patents — revocation for inutility (s 61(1)(d)) — purposive construction of claims — meaning of 'dispersed' and 'dissolved' as understood by skilled addressee — burden on challenger to prove inutility on balance of probabilities — commercial manufacture and patentee expert evidence relevant to utility.
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1 December 2014 |
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Reported
Civil contempt requires proof of a wilful personal breach; courts must not imprison municipal officials not personally responsible.
Civil contempt — requisites: order; service/notice; non-compliance; wilfulness and mala fides — proof beyond reasonable doubt. Suspended committal — activation requires proof of wilful breach beyond reasonable doubt. Public officials — only personally responsible officials may be committed for contempt; municipal manager is the accountable officer for municipal compliance. Structural/interdictory relief against State — courts should provide ongoing supervisory remedies (special masters/monitors); contempt is a blunt instrument. Consent committals — of limited value unless factual basis and reasons are recorded.
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1 December 2014 |
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Reported
Liquidators cannot use s 80 MPRA to lodge late objections where the company acquiesced in or benefited from an inflated valuation.
Municipal Property Rates Act – valuation rolls – adjustments by s 55 (objections) or s 78 (supplementary valuations) – s 80 condonation of time limits – liquidator stands in shoes of company and takes rights subject to defences – acquiescence and simulated inflated purchase price preclude condonation.
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1 December 2014 |
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Prosecutors are not immune under s42 for malicious prosecutions; discrete charges must be assessed separately and damages reduced accordingly.
Malicious prosecution – requirement of reasonable and probable cause and malice; assessment per discrete charge. Prosecuting Authority – limits of s 42 NPA Act immunity; does not protect malicious or reckless prosecutions; prosecutor must act within authority and take reasonable precautions. Quantum of damages – need to account for charges properly instituted; claimant must prove legal costs claimed.
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1 December 2014 |
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Reported
Business rescue does not automatically discharge sureties’ liabilities once final judgments have fixed those liabilities; appeal dismissed.
Companies Act – business rescue (ss128–154) – effect on suretyship; suretyship clauses – waiver of excussion and creditor’s right to pursue sureties despite compromises; section 154 – limits creditor’s ability to sue company but does not necessarily extinguish underlying debt; stay of execution – discretionary relief refused.
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1 December 2014 |
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Reported
Reserving road lanes to buses is not a s 67 permanent street closure; a central bus station requires rezoning under the town‑planning scheme.
Local Government Ordinance s 66 v s 67 – reservation of lanes for exclusive bus use is closure for particular class of traffic; not a s 67 permanent closure; Town Planning and Townships Ordinance and land use scheme – 'existing public road' zoning does not permit a multi‑portal central bus station with buildings; rezoning required; interlocutory interdict requires showing of irreparable harm.
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1 December 2014 |
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Reported
Whether a mid-trial guilty plea limited to dolus eventualis excludes minimum sentence application for large-scale fraud.
Fraud; plea of guilty in medias res; dolus eventualis vs dolus directus; scope of evidence after change of plea; applicability of minimum sentence (s51(2)(a)) for large-scale investor fraud; improper judicial interventions.
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1 December 2014 |
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Use of EVOLVE on men’s wedding bands did not infringe the registered EVOLYM mark due to insufficient likelihood of confusion.
Trade mark infringement – likelihood of deception or confusion – global appreciation of visual, aural and conceptual similarity – average consumer standard – notional use – distinctiveness of invented marks – nature of goods (jewellery) as considered purchases.
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1 December 2014 |
