Supreme Court of Appeal of South Africa

Practice – amicus curiae – test as to who should be admitted –
application to be admitted as amicus dismissed.
Emotional shock – principles relevant to such a claim – grief associated with
psychiatric lesion caused by emotional shock recoverable without necessity to
develop the common law in line with the spirit of the Constitution.
Constitutional damages – when to be awarded – where claimants fully
compensated for loss sustained and public funds better served elsewhere –
constitutional damages not awarded.

Bail – pending appeal – factors to be considered – whether there is
a real prospect in relation to success on convictions – whether appellant a flight risk.

Discovery – Rule 35(12) of the Uniform Rules of Court – requirements –
disclosure – whether legal advice privilege over counsels’ opinions waived – litigation
privilege – whether requirements met.

National Credit Act, 34 of 2005 (NCA) – interpretation – sections
100, 101(1)(a) and 102(1) – cost of credit – extended warranties in respect of goods
sold not void by virtue of incomplete or inaccurate testimonial of agreement – charging
subscriptions to Lewis Family Club not cost of credit – nature of proceedings before
National Consumer Tribunal – appeal to high court in terms of s 148(2)(b) of NCA –
high court sitting as court of first instance – leave to appeal to SCA in terms of
s 16(1)(a) of Superior Courts Act 10 of 2013.

Application for special leave to appeal against refusal of leave to appeal – no reasonable prospects of success – application dismissed – reference for reconsideration in terms of s 17(2)(f) of Superior Courts Act 10 of 2013 – dismissal upheld

Whether a contingent right to claim an indemnity had prescribed –
when prescription in respect of such claim starts to run – indemnity can only be against
actual loss – a claim to be indemnified becomes due only when the insured is under a
legal liability to pay a fixed, determinate amount.

Income Tax Act 58 of 1962 – s 24C – claim for allowance in respect of cost
of complying with terms of loyalty card programme – customer applying for issue of card
– award of points on value of purchases – vouchers issued based on number of points
accumulated –vouchers presentable as part payment for future purchases of goods –
whether amount received from earlier sales used to finance future expenditure on same
contract

Trade and Industry – grant payable to enterprises to promote their
competitiveness as incentive for job creation and retention – grant payable to enterprises
undertaking investment in competitiveness enhancing activities of existing operations –
calculation of grant based on the manufacturing value added by the enterprise concerned
in its manufacturing process – no particular method of grant calculation prescribed – audited
financial statements but one of the methods that may be used to determine actual
manufacturing value added.

Divorce Act 70 of 1979 – ss 7(7) and (8)(a) – Pension Funds Act 24 of
1956 (PFA) – reference to ‘pension fund’ in Divorce Act – means ‘pension fund
organisation’ in PFA – object of providing annuities in a pension fund or lump sum
payments in a provident fund – reference in court order to right and interest in named
pension fund – includes right and interest in pension and provident fund sections of
Fund.

Application for reconsideration in terms of s 17(2)(f) of the Superior Courts
Act 10 of 2013 of a refusal of petition decided in terms of s 17(2)(d) of that Act – whether
petition correctly refused – whether reasonable prospects that another court could come
to a different conclusion concerning the negligence of Municipality that operated a resort
at which a resident was raped – whether Municipality ought to have guarded against the
harm that eventuated – whether foreseeable.
Appeal against quantum of award of damages – amount awarded greater than amount
sought – whether amount awarded excessive.

Motor vehicle accident – claim for compensation against Road
Accident Fund in terms of s 17(1)(a) of the Road Accident Fund Act 56 of 1996 –
identification must establish the identity of the owner or driver of offending motor
vehicle. Identification of a series of vehicles and their owners – requirements of
s 17(1)(a) not met – claim falls under s 17(1)(b) of the Act read with regulation 2.

Contract – when concluded – whether WhatsApp message contained an
offer animo contrahendi – in both context and content the message did not convey an
offer to contract – doctrine of quasi-mutual assent not applicable.

Criminal procedure – Search and seizure of firearms in terms of s 23 of the
Criminal Procedure Act 51 of 1977 (CPA) – Firearms Control Act 60 of 2000 – return
of firearms in terms of s 31(1)(a) of the CPA - whether criminal proceedings pending –
whether the firearms were correctly retained by the appellants

Appeal – factual findings of trial court – test restated – no basis for
interference unless finding vitiated by material – no material misdirections in
findings of trial court – appeal dismissed.

Contract - validity of - agreement that the rental and costs shall be mutually
agreed upon in writing between the landlord and the tenant when the right of renewal in a
lease is exercised - void for vagueness.

Criminal law – murder committed with intent in the form of dolus eventalis –
having regard to the nature, extent and circumstances of assault on deceased – the
only reasonable inference to be drawn is that appellants subjectively foresaw that their
conduct could result in the deceased’s death but were reckless as to such consequence
– appeal dismissed.

Criminal Procedure – Appeal against a refusal to grant leave to appeal
on petition – appeal successful – leave to appeal against sentence to the high court
granted.

Whether failure to refer to the minimum sentence legislation in the charge
sheet prejudiced the appellant – whether such failure infringed on the appellant’s right
to a fair trial – special leave in terms of s 17(1)(b) of the Superior Courts Act 10 of 2013
having been granted – special circumstances not established – appeal struck off the roll.

Criminal law – sentence – 15 years’ imprisonment and life imprisonment
imposed for robbery committed with aggravating circumstances and murder respectively
– no grounds to interfere with the sentences imposed – appeal dismissed.

Criminal Procedure – whether State proved beyond reasonable
doubt offences committed – on the version of the appellants guilt was established
– assault with intent to do grievous bodily harm may be committed by threat.
Sentence – sentences reconsidered – conviction and sentence accordingly
amended.

Companies – provisional liquidation – creditor relied on a debt owed to it
by respondent as reflected in the latter’s financial statements – respondent disputed
accuracy of its financial statements – held that financial statements correctly reflected
debt owed to creditor – provisional liquidation ordered.

Construction Industry – Regulations promulgated under s 33 of
Construction Development Board Act 38 of 2000 – inquiry under reg 29 –
whether conduct complained of constituted breach of Code of Conduct published
under s 5(4) of Act – conduct subject of complaint not relating to construction procurement process, therefore not constituting breach of Code of Conduct – Regulation 28 and 29 – Failure to comply with investigatory provisions necessary for valid inquiry under reg 29.

Revenue – diesel fuel rebate – interpretation of s 75(1C)(a)(iii) of the
Customs and Excise Act 91 of 1964 – exercise of court’s discretion in terms of s 21 of
the Superior Courts Act 10 of 2013 – whether court appropriately exercised its
discretion in circumstances where Commissioner for the South African Revenue
Service had not issued a final assessment.

Appeal in terms of s 311(1) of the Criminal Procedure Act 51
of 1977 – s 311(1) provides for an appeal as of right, without leave – the
high court’s findings that s 51(1) of the Criminal Law Amendment Act 105
of 1997 is not applicable, that the regional court did not have jurisdiction to
impose a sentence of life imprisonment, are questions of law – appeal
upheld - sentence imposed by the regional court reinstated.

National Credit Act 34 of 2005 – s131 – repossession of goods – attachment
of motor vehicle – estimated value – sale as soon as practicable for best price reasonably
obtainable – credit provider required to give notice to debtor of gross amount realised on
sale – right of debtor to dispute amount of proceeds of sale – debtors extensive rights.

Superior Courts Act 10 of 2013 – s 16(2)(a)(i) – relief sought on appeal
having no practical effect or result – appeal moot – failure of duty by legal
representatives of appellant – appeal dismissed with costs.

Search warrant in terms of s 21(1)(a) of the Criminal Procedure Act 51
of 1977 – must be issued on the basis of information on oath – statement on basis of
which warrant issued not sworn – warrant invalid – items seized under warrant
inadmissible – admissions made after warrant ruled to be valid – such compelled by
the decision that the warrant was valid – breach of fair trial rights in terms of s 35 of
the Constitution.

Arrest for inability to account for possession of goods suspected
of being stolen – arrest wrongful and unlawful – remand in custody by Magistrate at
first appearance in court – whether police liable for further detention after remand.

Constitutional validity of s 10 of the Promotion of Equality and Prevention of
Unfair Discrimination Act 4 of 2000 – overbreadth and vagueness – freedom of
expression and regulation of hate speech.

Condonation: application for condonation for late filing of
appeal application not granted – no prospects of success - appeal struck
from the roll.

Practice and Procedure – application for rescission of default
judgment – whether defence prima facie established – whether application for
rescission correctly refused.

Appeal from decision of the high court dismissing a petition in terms of s 309C of the Criminal Procedure Act 51 of 1977 – appeal against the refusal of leave to appeal by the high court is appealable with special leave of this Court – the order appealed against is the refusal of leave – accordingly this Court cannot decide the merits of the appeal. Matter was considered in chambers

Statute – interpretation of the expression ‘adversely affected’ in s 32(4) of the
Sectional Titles Act 95 of 1986.

Application for leave to appeal against refusal by trial court to reserve
questions of law in terms of s 319 of the Criminal Procedure Act 51 of 1977 – factual
bases for the reservations not set out, did not appear fully from the judgment and no
request was made to trial court for special finding on the facts upon which points of
law hinged – questions of fact and not law sought to be reserved – application for leave
to appeal dismissed.

Restitution of Land Rights Act 22 of 1994 – claim for restitution of land
rights – review of Regional Land Claims Commissioner’s decision to publish claim as
described in claim form – applicant alleging claim depicted in map attached to claim
form – no reviewable irregularity established.

Contract – terms agreed in writing – parol evidence rule – appellant
having proved the terms of the contract and having satisfied its entitlement to be
paid for sinking a borehole.

Attempted murder and unlawful possession of – firearm and
ammunition – appeal against conviction and sentence – appellant found in possession of
firearm and ammunition – sufficiency of evidence – ballistic testing linked firearm to
offence of attempted murder – conviction and related sentences justified – appeal
dismissed.

Criminal Procedure – appeal – special leave granted against refusal
of high court to grant leave to appeal from the regional court – appeal relates to
whether the high court should have granted leave to appeal – not the merits of the
appeal – reasonable prospects of success exist – leave to appeal granted to the
high court.

Criminal Procedure – Special leave granted against refusal of high court to
grant leave to appeal from Regional Court – whether the high court should have granted
leave to appeal – not on the merits of the appeal – reasonable prospects of success exist
– leave to appeal granted to the high court.

Criminal law – sentence - application for leave to appeal refused by
regional court – petition subsequently refused by the high court – whether petition
correctly refused.

Copyright – whether enabling the public to view horse racing events at
bookmakers’ business locations constituted an infringement of the appellant’s rights in
cinematograph film as provided for in s 8 of the Copyright Act 98 of 1978 – discussion of
definition of cinematograph films and eligibility for copyright.

Suretyship – s 6 of General Law Amendment Act 50 of 1956
– compliance therewith – defence of justus error – alleged error induced
by co-shareholders not lessor – not a basis for defence.

Voluntary winding-up of group of companies – s 351 of
Companies Act 61 of 1973 – whether solvent companies needing to be
wound up in terms of ss 79 and 80 of Companies Act 71 of 2008 –
company not solvent if commercially insolvent – on facts companies
commercially insolvent.
Liquidators – appointment by Master in Pretoria – companies registered
offices within jurisdiction of Master in Johannesburg – Master in Pretoria
exercising jurisdiction throughout Gauteng – s 2(1)(a)(ii) of the
Administration of Estates Act 66 of 1965 – appointments valid.
Personal costs orders – when granted.

Merger of technikons in terms of Higher Education Act 101
of 1997 – council of merged institution to determine conditions of service
– post retirement medical aid subsidy – harmonisation – whether Council
of merged institution approved the payment of subsidy to employees of
one former technikon who had not previously enjoyed such a subsidy.

Income and value added tax – Tax Administration Act 28 of 2011
– powers of tax court to alter assessment under s 129(2)(b) – whether SARS proved that the methods of assessment used were reasonable – whether the tax court ought
to have remitted the assessment - s 89 quat interest.

Pleadings – define the issues and scope and ambit of the dispute between
the parties – court declining to order transfer on the basis that the immovable property
did not vest in the seller – such issue not properly raised on the pleadings or ventilated in
the evidence and therefore ought not to have been a triable issue in the proceedings.

Procedure – vexatious proceedings – requirements for an order
prohibiting the institution of legal proceedings under s 2(1)(b) of the Vexatious
Proceedings Act 3 of 1956 and s 173 of the Constitution – requirements for the grant
of a final interdict restated.

Eviction in terms of Extension of Security of Tenure Act 62 of 1997 – is it
just and equitable to terminate the right of residence in terms of 8(1) and grant an eviction
order – after balancing rights of the parties held that the eviction should be granted.

Criminal procedure – trial of accused commencing in lower court
before Superior Courts Act 10 of 2013 came into effect on 23 August 2013 –
conviction, sentence and unsuccessful appeal to the high court taking place
thereafter – high court not competent to subsequently grant special leave to appeal
to Supreme Court of Appeal – such leave to be granted by latter court – special
leave to appeal applied for but refused – matter struck from roll.

Delict – action for damages by shareholders – necessary averments – alleged
breach of contractual duty owed to a company resulting in its liquidation – shareholders
suing the other contracting party for damages representing loss of dividends – no allegation
in particulars of claim that shareholders’ loss separate and distinct from that suffered by the
company and caused by breach of a legal duty independently owed to shareholders –
exception that particulars of claim not disclosing a cause of action rightly allowed by high
court.