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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 |
| November 2014 |
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The court confirmed the non-existence of a validly registered Community Property Association due to non-compliance with statutory requirements.
Community Property Association – Registration under Community Property Association Act – Provisional registration expiration – Section 8 compliance requirements.
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28 November 2014 |
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Amendment adding "rapid dissolution" and oral-solid limitations upheld; clarity, delay and misconduct objections rejected.
• Patents Act s 51 – amendment of complete specification – product claim amended to limit form, dosage and dissolution profile.
• Patents Act s 61(1)(f)(i) – clarity of claims – construed through eyes of skilled addressee; defined dissolution parameter.
• Discretion to refuse amendment – culpable delay requires prejudice; reprehensible conduct must be established to deny amendment.
• Infringement of product claim assessed by final product characteristics, not manufacturing steps.
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28 November 2014 |
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Reported
A demand for performance does not amount to repudiation; repudiation is judged objectively by a reasonable person's perception.
Contract – repudiation – objective test: repudiation assessed by reasonable person’s perception, not subjective intention; demand for performance generally does not constitute repudiation. Contract interpretation – parol evidence/integration rule – extrinsic evidence admissible only conservatively to establish factual matrix; interpretation is a matter of law for the court. Notice to remedy – compliance with contractual remedy clause (clause 9.2) distinguishes a mere demand from an effective cancellation.
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28 November 2014 |
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Reported
Section 82(8) validates bona fide purchases from an unauthorised liquidator in a company winding-up under section 339.
Company law/insolvency – winding-up of company unable to pay debts – section 339 of 1973 Companies Act applies insolvency law mutatis mutandis; Insolvency Act s82(8) – bona fide purchaser for value protected and sale validated despite liquidator’s lack of authority; Companies Act ss386(5) and 387(4) – discretionary remedies do not displace substantive protection of s82(8).
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28 November 2014 |
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Reported
The appellant was properly informed of disciplinary charges and afforded a fair opportunity to defend; appeal dismissed.
Disciplinary proceedings — Particularity of charge — disciplinary charge need not match criminal formality but must give sufficient factual particulars to enable accused to know case to meet; right to fair hearing — accused must have reasonable opportunity to defend; professional regulatory sanctions — link between failure to execute mandate and excessive remuneration.
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28 November 2014 |
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Reported
Remittal of an uncompleted criminal trial is not appealable absent unusual circumstances; this Court also lacked jurisdiction on limited leave.
Criminal procedure — appealability — remittal of uncompleted trial to magistrate generally not appealable; piecemeal appeals disfavoured; departure permitted only in unusual circumstances. Procedural law — s 106(1)(h) and s 106(4) — late challenge to prosecutor’s title does not automatically warrant acquittal absent trial-related prejudice. Statutory interpretation — s 38 (NPA Act) — substantial compliance and requirements for engagement and written authorisation; jurisdictional limits where leave to appeal is confined to specific grounds.
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28 November 2014 |
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Absence of probation report does not invalidate sentence if sufficient personal information was before the court; appeal dismissed.
Criminal law — Sentencing — Corruption — 39 counts — Whether probation officer’s report required before sentence — s 276A(1)(i) and s 276A(1)(h) of the Criminal Procedure Act. Criminal procedure — Sentencing appeals — appellate interference only where material misdirection. Sentencing discretion — sufficiency of record and mitigation presented on plea of guilty.
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28 November 2014 |
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Whether an arbitral appeal panel exceeded its powers or committed a gross irregularity in awarding damages to the applicant.
Arbitration — review under s 33(1)(b) — limits on court interference; scope of arbitrator’s powers determined by arbitration agreement; arbitration agreement conferring High Court powers permits broadening of issues; appeal tribunal’s power to reassess factual findings where based on documents or demonstrably wrong; latent gross irregularity requires a flaw in conduct, not mere disagreement with outcome; standards from Lufuno, Telcordia, Hos+Med, Shill v Milner, Herholdt applied.
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28 November 2014 |
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Reinstatement as Inkosi is a personal right that dies with claimant; monetary and funding claims survive to the executrix.
Practice and procedure – substitution after death – personal rights (reinstatement as traditional leader) terminate on death and are not transmissible; patrimonial claims (arrear salary/damages) survive and executrix may be substituted; funding applications capable of continuation by executrix; interim orders and rescission applications considered.
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28 November 2014 |
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Reported
Associated ship arrest upheld: arbitration awards and LOI claims relating to a charterparty can support arrest; association proven.
Admiralty law – Associated ship arrest – s 3(6) and (7) Admiralty Jurisdiction Regulation Act – whether an arbitration award and LOI/indemnity claims are maritime claims in respect of the ship concerned – construction of s 3(7)(c) deeming provision – proof of common ownership or control for association; evidential approach to evasive denials.
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28 November 2014 |
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Respondent failed to prove negligence or causation; rail operator not liable for robbery and being thrown from moving train.
Delict – Negligence – Foreseeability and reasonableness of security measures on trains – Requirement to station guards in every coach – Causa sine qua non and legal causation – Failure to close coach doors and evidential burden to show prevention of harm.
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28 November 2014 |
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Whether a five-year post‑commissioning maintenance obligation survives the SDA’s 36‑month term.
Contractual interpretation — SDA as auxiliary to RFP and bid award — entire contractual matrix must be read together; maintenance obligation for five years post-commissioning survives SDA’s 36-month term; parol evidence and Shifren principles inapplicable to proper interpretation.
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28 November 2014 |
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Youth and drug dependence mitigate but do not excuse brutal double murder; 12-year sentence upheld.
Criminal law – Sentence – Appeal against sentence – Double murder and theft by a child (17 years) – Mitigation: youthfulness and drug dependence recognised but insufficient to avoid imprisonment; provocation and alleged influence of older accomplice unsustainable – Sentencing discretion properly exercised – 12-year sentence upheld.
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28 November 2014 |
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Reported
Insurer failed to prove alleged misrepresentation/non-disclosure; hearsay hospital records and informal admissions insufficient to avoid policy.
Insurance law — life policy repudiation for alleged misrepresentation/non-disclosure; insurer’s onus to prove untruth and insured’s knowledge; admissibility of telephonic transcript; hospital records as hearsay — s 3 Law of Evidence Amendment Act; Rule 35 production distinct from proof of content; informal affidavit statements not dispositive admissions.
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28 November 2014 |
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An ambiguous commission clause was construed to require payment for renewals and extensions under a businesslike interpretation.
Contract interpretation – latent ambiguity of 'solely by reason of the efforts of' – extrinsic evidence admissible to ascertain parties' intention; Commission – whether payable on renewals/extensions of pre-existing advertising agreements; Commercial/common-sense construction (Endumeni) supports commission for renewals procured by marketer.
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28 November 2014 |
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Reported
Court holds almost identical chocolate-bar shapes infringe registered shape marks; ‘Break’ word mark does not infringe.
Trade marks – interpretation of applications – two-dimensional depictions may be objectively perceived as three-dimensional shape marks. Trade Marks Act s 16(5) – Registrar may permit substantial amendments to pending applications but must exercise caution and avoid prejudice. Trade Marks Act s 10(5) – shape consisting exclusively of a necessary technical result excluded; distinctive aesthetic features (plinth, finger proportions) not technical. Trade Marks Act s 34(1)(a),(c) – identical or nearly identical shapes and depictions on packaging can infringe and cause blurring/unfair advantage. Word marks – effect of disclaimers and assessment of confusion/dilution between slogans and single-word marks.
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27 November 2014 |
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A voluntary, communicated resignation renders a prior suspension moot and removes disciplinary jurisdiction.
Resignation – express unilateral resignation effective on communication – need not be accepted; Resignation supersedes suspension – membership termination divests disciplinary jurisdiction; Administrative law – whether suspension is administrative action under PAJA left undecided; Delay and acquiescence – long delay in challenging status undermines relief.
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27 November 2014 |
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Section 53A authorised regional courts to impose life sentences; SCA cannot hear regional-court criminal appeals direct and referred them to the high court.
Criminal law — Sentencing — Section 53A (Criminal Law Amendment Act) — conferral of jurisdiction on regional courts to impose life imprisonment for Schedule 2 Part 1 offences; Appellate procedure — Supreme Court of Appeal has no inherent jurisdiction to hear appeals directly from regional (magistrates’) courts on convictions and sentences — appeals from regional courts must first be determined by the high court.
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27 November 2014 |
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Fixing non-parole periods for offences committed before s276B is impermissible as a retrospective increase in penalty.
Criminal law – sentence – non-parole period – whether courts may fix non-parole periods for offences committed before s 276B Criminal Procedure Act – retrospective increase in penalty impermissible; parole previously executive discretion under Correctional Services Act (ss 22A, 65).
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27 November 2014 |
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Reported
A public-interest requester proved PAIA’s s50(1)(a) threshold for access to environmental records held by a private corporation.
Access to information – PAIA s 50(1)(a) – "required" means reasonably required; requester may rely on Form C and affidavit evidence to meet threshold. Environmental law – NEMA/NEMWA/NWA – public participation, transparency and access to information in environmental governance. Private body disclosure – historic environmental studies and master plans may be relevant baseline data; obsolescence or alleged scientific flaws do not automatically justify refusal. Distinction between state and private bodies under PAIA – different thresholds, but constitutional values favour disclosure in environmental matters where rights are implicated.
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26 November 2014 |
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Reported
SCA jurisdiction in competition appeals is confined by s 62(2); interlocutory discovery orders are not necessarily constitutional matters.
Competition Act – appellate jurisdiction – s 62(2) – scope of SCA jurisdiction after amendment to s 168(3) of the Constitution. 'Constitutional matter' in s 62(2)(b) – narrow meaning; not every dispute tied to constitutional principles. s 63(2) – appeals on constitutional matters to the Constitutional Court exclusively. Administrative law – review of referral decisions – right to record/production for review proceedings; interlocutory discovery does not by itself raise constitutional issue.
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26 November 2014 |
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Reported
Breach of a court-ordered debt-rearrangement permits a creditor to enforce the original credit agreement without further notice.
National Credit Act s 88(3) – effect of breach of court-ordered debt re-arrangement; debt review and enforcement of original credit agreement; summary judgment – scope of discretion to refuse where liability undisputed; reliance on Ferris v FirstRand and Fillis.
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26 November 2014 |
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Conviction set aside and matter remitted after complainant’s recantation met exceptional remittal requirements.
Criminal procedure – Remittal for further evidence following conviction – Recantation after trial – Exceptional circumstances required; criteria: explanation for non‑production at trial, prima facie likelihood of truth, material relevance – Risks of fabrication and undue influence – Witness (court interpreter) involvement warranting further inquiry.
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26 November 2014 |
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Reported
Applicant proved negligence in retention of a surgical swab; res ipsa loquitur unnecessary and adverse inference warranted.
Delict — medical negligence — retained surgical swab; proof of negligence on balance of probabilities; evidential role (not presumption) of res ipsa loquitur; adverse inference from defendant's failure to call available witnesses; employer liability for staff acts.
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25 November 2014 |
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Whether a contractual limitation clause bars claimed damages depends on interpretation and the factual matrix, not on exception alone.
Practice – Pleadings – Exception – excipient must show claim is bad in law; Contract – limitation clause – interpretation requires words, contract context and factual matrix; ambiguity in exclusion/limitation clauses cannot be resolved on exception where more than one reasonable meaning exists; Distinction between direct (general) and consequential (special) damages – ejusdem generis issues.
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24 November 2014 |
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Failure to warn an accused of the Minimum Sentence Act is a fatal irregularity requiring the appellate court to re-sentence afresh.
Criminal procedure — Minimum Sentence Act (s 51) — Failure to state applicability in indictment and to warn accused — fatal irregularity — appeal court must consider sentence afresh; sentencing power derives from s 276 Criminal Procedure Act.
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21 November 2014 |
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Reported
A council meeting convened without presidential or deputy authority is invalid; constitutional text, not a phantom chairperson, governs convening.
Constitutional interpretation of voluntary associations; clause 28.4.4 vests convening power for Council meetings in the President; clause 17.1 relates to general membership meetings; no separate ‘Chairperson of the Council’ office; Deputy President acts when President’s office vacant; unlawfully convened council meeting renders resolutions invalid.
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21 November 2014 |
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Reported
Insured’s failure to disclose tenant’s flammable manufacturing activities was a material non-disclosure permitting insurer to void the policy.
Short-term insurance — s 53(1) Short-Term Insurance Act — material non-disclosure; objective test for materiality; inducement of insurer to enter contract; survey requests do not excuse insured’s disclosure duty; estoppel and waiver in context of undisclosed risks.
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21 November 2014 |
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Reported
An email exchange can validly effect consensual cancellation where s 13(3) ECT Act requirements are met.
Contract – non-variation clause requiring cancellation to be in writing and signed; Electronic Communications and Transactions Act 2002 – scope of ss 13(1) and 13(3); electronic signature – typewritten names and email data can satisfy signature requirement where parties impose formalities; interim interdict pendente lite that disposes of main issue is final in effect and appealable.
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21 November 2014 |
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Reported
Whether exercise of an employee share option, or later payment/delivery, determines the s 8A(1)(a) taxable event.
Tax — Income Tax Act s 8A(1)(a) — share option / deferred delivery schemes — taxable event is exercise of right (creation of contract), not subsequent payment/delivery; conditionality, fiscal conditionality and simulation arguments rejected; s 8C introduced to address DDS.
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19 November 2014 |
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Reported
Minister of Safety and Security liable for police negligence; Minister of Justice not vicariously liable for magistrate’s judicial negligence.
Delict – Unlawful detention arising from erroneous charge – Vicarious liability – Minister of Safety and Security liable for investigating officer’s negligence. Judicial immunity – Magistrates immune from delictual liability for negligent judicial acts – Minister of Justice not vicariously liable for magistrate’s judicial negligence. Malice – Magistrate’s malice not proved. Quantum – reduction of award to R120,000 per claimant.
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19 November 2014 |
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Reported
Defective tender process and wrongful disqualification warranted setting aside the award and re-evaluation with suspended invalidity.
Administrative law – Tender review – procedural irregularity and waiver where opposing party fails to seek relief under Uniform Rule 30; PAJA s7 time‑bar procedural and not jurisdictional; Tender adjudication – wrongful exclusion for National Treasury blacklist remediable before award; Irregularities – arbitrary contract-splitting and post hoc score alteration render award reviewable; Remedy – setting aside award, re-evaluation with suspended invalidity to avoid service disruption; Courts may order direct awards or personal cost orders against errant officials.
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19 November 2014 |
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Applicant’s 'Robertson Hills' mark removed for likely confusion with respondent’s 'Robertson' marks; removal effective from application date.
Trademarks Act s 24 – rectification by removal for an entry wrongly made; s 10(12) and s 10(14) – likelihood of deception or confusion; dominant element comparison; geographical names and Wine of Origin scheme – acquisition of distinctiveness; retrospective effect of rectification limited to date of application (Oudekraal principle).
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19 November 2014 |
