Court Code
ZASCA

Financial markets – application for winding-up by Financial Sector Conduct Authority under s 96 of Financial Markets Act 19 of 2012 (FMA) – not requirement that preceding investigation had to be concluded – whether winding-up just and equitable – requires consideration of whether objects of FMA would be achieved and of availability of alternative remedies.

Vindication of property by non-owner – rei vindicatio not available to non-owner – bona fide possessor entitled to reclaim possession of property by way of a possessory remedy.

Criminal Procedure – s 32 of the Criminal Procedure Act 51 of 1977 – search and seizure – whether decision declaring livestock seized by police forfeited to the State lawful.

Tax Law – Income Tax Act 58 of 1962 (the ITA) – whether there was a sufficiently close connection between the taxpayer’s expenditure of a contribution to a trust in respect of the implementation of an employees’ share incentive scheme and its income producing operations so as to qualify for a deduction under s 11(a) of the ITA – the connection between the contribution and the taxpayer’s production not close or immediate enough to justify the deduction – SARS not precluded from raising additional assessments in respect of the taxpayer’s 2005-2009 years of assessment by operation of the perio

Application for interim interdict – whether requirements for interim order were met – whether the appellant should have brought a separate prior application to institute the application – leave had been sought – no requirement for separate prior application for leave – requirements for intervention by additional appellants were met - requirements for interim interdict met – appeal succeeds.

Law of contract – cancellation in terms of provisions of contract – contracting party applying for interdict to stop cancellation pending judicial review of decision to cancel – interdict granted – cancellation of contract not reviewable – does not involve control of public power – not administrative action – neither reviewable under principle of legality – interdict legally unsustainable – contempt of court – order based on legally unsustainable interdict – fatally defective – requisites for contempt in any event not met – execution of contempt order granted in terms of s 18 of Superior Co

Prevention of Organised Crime Act 121 of 1998 (POCA) – ss 26 and 38 – Uniform Rules of Court – preservation of property order – urgency – whether the appellant must prove urgency when applying for a preservation order.

Interpretation of insurance contract – whether agreed indemnity period is 18 months or three months for infectious diseases cover – principles restated.

Civil Procedure – Section 16(2)(a)(i) of the Superior Courts Act 10 of 2013, proscribes the hearing of an appeal which will not have any practical effect – as the only noteworthy property the appellant owned had since been lawfully sold and transferred to an independent purchaser, restoring appellant to its former status of being under business rescue would not have any practical effect – appeal dismissed with costs.

Contract – agreement of sale of immovable property – whether unenforceable on account of non-fulfilment of a condition precedent clause embodied in the agreement – interpretation of the clause – whether condition precedent applicable – the impugned clause sufficiently clear – agreement not subject to condition precedent – waiver proven – agreement valid and binding.