Supreme Court of Appeal of South Africa - 2014 August

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6 judgments

Citation	Judgment date
August 2014
Motswai v Road Accident Fund (766/2013) [2014] ZASCA 104 (29 August 2014) Reported An appellate court set aside a fraud finding made without a proper hearing and ordered an RAF s17(4)(a) undertaking and costs on magistrates’ scale. Judicial procedure — natural justice — impropriety of making adverse findings after informal discussions in chambers without a hearing; Allegations of fraud — requirement of clear and convincing evidence before drawing such inferences from court file documents; Road Accident Fund — s 17(4)(a) undertaking for future medical costs; Costs — disallowance and referral to professional bodies set aside where findings unsupported.	29 August 2014
Mulala v S (74/2014) [2014] ZASCA 103 (29 August 2014) Post‑conviction medical evidence admitted on appeal can overturn convictions when it materially undermines identification. Criminal appeal – Further evidence on appeal – De Jager requirements for admitting subsequent evidence; medical evidence (HSV‑2) as corroboration; whether to admit affidavits on appeal or remit for oral evidence; effect of post‑conviction negative blood test on identification and conviction.	29 August 2014
Minister of Defence and Others v South African National Defence Union and Another (514/2013) [2014] ZASCA 102 (28 August 2014) Reported Where no regulations exist under s59(2), the power may be exercised, but dismissal procedure must be procedurally fair. Defence Act s 59(2) – requirement of regulations – 'any applicable regulations' not a precondition; disciplinary procedure – right to fair procedure, adequate notice of charges and reasons, opportunity for trade-union assistance; security-risk allegations – must be substantiated and not used oppressively; remedy – declaratory relief and costs.	28 August 2014
Zuma v Democratic Alliance and Others (836/2013) [2014] ZASCA 101 (28 August 2014) Reported Court orders disclosure of recordings and internal prosecutorial documents subject to limited confidentiality safeguards. Judicial review and disclosure — enforcement of SCA order — scope of confidentiality for prosecutorial records — electronic/audio recordings and transcripts compellable — internal memoranda subject to limited disclosure and independent review — public interest in prosecutorial transparency; costs against prosecuting authority for obstructive conduct.	28 August 2014
Eye of Africa Developments (Proprietary) Limited v Shear and Others (809/2013) [2014] ZASCA 100 (19 August 2014) Appeal dismissed as academic under s 21A because environmental authorisation and available grey-water rendered the sought relief nugatory. • Constitutional and statutory procedure – Supreme Court Act s 21A – dismissal of appeals that have become academic or would have no practical effect. • Environmental law – environmental authorisation restricting irrigation to estate-generated grey-water – effect of prior judgment. • Costs – award of costs including costs of two counsel where issues are complex though concession made at hearing.	19 August 2014
Security Industry Alliance v Private Security Industry Regulatory Authority and Others (479/2013) [2014] ZASCA 99 (15 August 2014) Reported Regulations increasing security industry levies set aside after Authority materially erred in law and failed to fairly consult industry. Administrative law — review under PAJA of regulations increasing levies; procedural fairness — adequacy of notice-and-comment consultation; error of law by decision‑maker — misconstruction of empowering statute permitting differentiation of fees; materiality of legal error where it affects outcome; Minister’s decision vitiated by legal and factual misinformation; relief — setting aside of amended regulations; costs (including two counsel).	15 August 2014