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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

Physical address

Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

2 judgments

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2 judgments

Citation	Judgment date
September 2003
Isaacs v Centre Guards cc t/a Town Centre Security (8286/2002) [2003] ZAWCHC 45 (11 September 2003) Reported Employer held vicariously liable for employee’s negligent shooting despite contractual firearm prohibition. Delict — negligence and accidental firearm discharge; vicarious liability — course and scope of employment despite express prohibition on conduct; employer liable for employee’s wrongful acts performed while on duty; contractual prohibitions limiting conduct within employment do not necessarily exclude vicarious liability.	11 September 2003
May 2003
National Director of Public Prosecutions v Prophet (5926/01) [2003] ZAWCHC 46 (22 May 2003) Reported Property used as a clandestine drug laboratory can be forfeited civilly where it is an instrumentality on a balance of probabilities. Civil forfeiture – Prevention of Organised Crime Act (POCA) s48 and s50 – civil proceedings to forfeit instrumentalities and proceeds of crime. Stay of civil forfeiture pending criminal proceedings – not granted absent legal compulsion to self-incriminate; accused’s choice to respond relevant. Expert forensic evidence in civil forfeiture proceedings – admissible under civil standards; unchallenged forensic analysis accepted. Instrumentality test – nexus/proximity between property and offence; balance of probabilities suffices. Relief – order forfeiting property to State; vesting and sale by curator bonis; proceeds to Criminal Recovery Account subject to bondholder’s claim; costs awarded to applicant.	22 May 2003

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