Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 31 May 2010 | 424/2009 Botha v Coetzee (459/09)[2010] ZASCA 90 · Civil procedure – referral to trial – dispute about agreement – applicant naming agreement partnership – relief not available if agreement p... |
| 28 May 2010 | CSARS v LG Electronics (428/09)[2010] ZASCA 79 · Revenue – Customs and Excise – tariff determination - video monitors (screens) and tuners separately imported - whether screens incomplete r... |
| 28 May 2010 | 398/09 Nzimande v The State (600/09)[2010] ZASCA 80 · Appeal by the State in terms of s 310 of the Criminal Procedure Act of 1977 against the appellant’s acquittal on 197 counts of fraud – Wheth... |
| 28 May 2010 | SA Metal & Machinery Co (Pty) Ltd v S (398/09)[2010] ZASCA 81 · Criminal law – Corporate accused – whether the conviction of the corporate accused based on the conduct of employees other than those expres... |
| 27 May 2010 | Britz v S (613/09)[2010] ZASCA 71 · Criminal appeal: Evidence: application to adduce new evidence not available when appellant sentenced: approach of appeal court. 2 __________... |
| 27 May 2010 | Dos Santos and another v The State (726/07)[2010] ZASCA 73 · Diamonds Act of 1986 – convictions of dealing in unpolished diamonds. Prevention of Organised Crime Act 121 of 1998 (POCA) – pattern of rack... |
| 27 May 2010 | Ethekwini Municipality v Brooks (411/09)[2010] ZASCA 74 · Servitude of right of way – whether such a ‘public street’, as contemplated in s of Ordinance of 1974 (Natal). |
| 27 May 2010 | Bredenkamp v Standard Bank (599/09)[2010] ZASCA 75 · Banker and client – closing of account by bank – when justified – exercise of a contractual right, which does not involve any public policy... |
| 27 May 2010 | Van Jaarsveld v Bridges (344/09)[2010] ZASCA 76 · Breach of promise to marry – causes of action – compatibility with present-day public policy discussed – wrongfulness – damages 2 __________... |
| 27 May 2010 | Samancor Group Pension Fund v Samancor Chrome (452/09)[2010] ZASCA 77 · Pension Funds Act of 1956 – Application to set aside determination by the pension funds adjudicator – six weeks period provided for in secti... |
| 26 May 2010 | Van Rensburg NO v Naidoo NO (155/09); Naidoo NO v Van Rensburg NO (455/09)[2010] ZASCA 68 · Two linked appeals ─ nature of rights derived from restrictive conditions in title deed stated to be subject to alteration discussed ─ zonin... |
| 26 May 2010 | 131.68 KB Damgazela v The State (633/09)[2010] ZASCA 69 · Conviction on rape – identification evidence credible and reliable – approach to be adopted where oral evidence is at variance with statemen... |
| 26 May 2010 | Ngcamu v The State (665/09)[2010] ZASCA 70 · Appellant identified as the driver of a getaway vehicle during a robbery ─ raising alibi defence ─ alleging that he was hijacked shortly bef... |
| 24 May 2010 | Buffalo Freight Systems v Crestleigh Trading (311/09)[2010] ZASCA 66 · Contract – whether an oral agreement subsequently entered into by the parties introduces a variation or waiver of the original written agree... |
| 24 May 2010 | De Aguiar v Real People Housing (426/09)[2010] ZASCA 67 · Application for leave to adduce further evidence – requirements restated – whether lessee entitled to rely on enrichment lien for expenses i... |
| 7 May 2010 | 435/09 Nkengana v Schnetler (65/09)[2010] ZASCA 64 · Contract – sale of land – tender – whether tender of performance by purchasers (appellants) was sufficient to entitle them to specific perfo... |
| 4 May 2010 | Registrar of Pension Funds v ICS Pension Fund (288/09)[2010] ZASCA 63 · Pension Funds Act of 1956 – actuarial surplus – section 15F – approval by registrar for transfer of credit in reserve account to employer su... |
| 3 May 2010 | 288/09 AMI Forwarding (Pty) Ltd v SARS and another (251/09)[2010] ZASCA 62 · Liability under ss and 18A of the Customs and Excise Act of 1964: whether clearing and forwarding agent had proved that it was not liable fo... |
| 1 Apr 2010 | Smyth v Mew (270/09)[2010] ZASCA 56 · Close Corporations Act of 1984 – whether the judge in the court below erred in granting a winding-up order instead of an order in terms of s... |
| 1 Apr 2010 | Madzhadzhi v President of the RSA[2010] ZASCA 57 · 160/2009 · Section 5 (2) of the Remuneration of Public Office Bearers Act of 1998 prohibits traditional leaders from being paid two incomes for holding... |
| 1 Apr 2010 | MEC for Economic Affairs, Environment & Tourism v Kruizenga[2010] ZASCA 58 · 169/2009 · An attorney has ostensible (apparent) authority to bind the client at a pre- trial conference convened in terms of rule of the Uniform Rules... |
| 1 Apr 2010 | Molotlegi v Mokwalase (222/09)[2010] ZASCA 59 · Defamation – action for damages for defamation based on an innuendo – separation of issues in terms of rule 33(4) – trial court decided that... |
| 1 Apr 2010 | 251/09 De Vos v The State[2010] ZASCA 60 · 503/2009 · Criminal law – self-defence – appellant facing two counts of attempted murder arising from a shooting incident at a nightclub. Appellant’s v... |
| 1 Apr 2010 | Khoza v The State (121/09)[2010] ZASCA 61 · Criminal Procedure ─ fair trial ─ robbery with aggravating circumstances ─ unlawful possession of machine guns and ammunition ─ manner in wh... |
| 31 Mar 2010 | Fedbond Participation Mortgage Bond Managers v Investec Employee Benefits[2010] ZASCA 42 · 211/2009 · Contract – extrinsic evidence inadmissible to contradict written terms – evidence of terms of alleged common understanding inconsistent with... |
| 31 Mar 2010 | 307/09 Mavangwana v State[2010] ZASCA 43 · 379/2009 · Criminal law – identification by a single witness. 2 ________________________________________________________________ |
| 31 Mar 2010 | 375/09 Maree v C Booysen t/a NVM Beleggings & Versekeringsadviseurs (307/09)[2010] ZASCA 44 · Agreement in terms of which an insurance broker is entitled to claim commission from the insured in the event of the latter cancelling a lon... |
| 31 Mar 2010 | The Commissioner for SARS v Foskor (375/09)[2010] ZASCA 45 · Whether ore stockpiles constitute trading stock as described in s read with s of the Income Tax Act of 1962 ─ rationale for these provisions... |
| 31 Mar 2010 | Mankayi v Anglogold Ashanti[2010] ZASCA 46 · 126/2009 · Section 100(2) of Occupational Diseases in Mines and Works Act of 1973 – whether common-law claim for damages of employee entitled to benefi... |
| 31 Mar 2010 | CC Groenewald v M5 Developments (283/09)[2010] ZASCA 47 · Local authority – municipal tender – unsuccessful tenderer having a right of appeal under s of the Local Government: Municipal Systems Act o... |
| 31 Mar 2010 | 444/09 Olivier v The State (318/09)[2010] ZASCA 48 · Sentence – evidentiary weight of ex parte submissions from the Bar – six counts of fraud – sentence of seven year's imprisonment, of which t... |
| 31 Mar 2010 | 71/09 Steyn v The State (444/09)[2010] ZASCA 49 · Appeal against refusal of a petition for leave to appeal against sentence – procedural irregularity and shortcomings in respect of the provi... |
| 31 Mar 2010 | 481/09 Bengwenyama Minerals v Genorah Resources (71/09)[2010] ZASCA 50 · Review – Application fo r a prospecting right submitted by company on its own behalf in terms of s of Act of 2002 not constituting community... |
| 31 Mar 2010 | 479/09 Maake v Director of Public Prosecutions (481/09)[2010] ZASCA 51 · Sentence ─ when maximum envisaged in terms of s of the Criminal Law Amendment Act 105 of 1997 is imposed it must be explained and motivated... |
| 31 Mar 2010 | Matlou v The State (479/09)[2010] ZASCA 52 · Criminal law – appeal against conviction on charges of murder and robbery with aggravating circumstances ─ whether incriminating statements... |
| 31 Mar 2010 | The South African Reserve Bank v M G Khumalo (235/09)[2010] ZASCA 53 · Exchange Control Regulations – Regulation 22C(1) is not invalid for failing to incorporate a time period not exceeding that laid down in s 9... |
| 31 Mar 2010 | Simcha Properties v San Marcus Properties[2010] ZASCA 54 · 256/2009 · Company Law – s 228 of the Companies Act – director’s authorisation by sole shareholder to dispose of the company’s sole asset. 2 __________... |
| 31 Mar 2010 | Hendricks v The State (415/09)[2010] ZASCA 55 · Lengthy delay in prosecution of appellant held not to have prejudiced him: convictions for dealing in drugs and conspiring to deal in drugs... |
| 30 Mar 2010 | Maseola v The State (506/09)[2010] ZASCA 37 · Sentence: Cumulative effect of sentences on several counts. Unduly harsh and disproporti onate – Effective sentence set aside and substitute... |
| 30 Mar 2010 | Leketi v Tladi (117/09)[2010] ZASCA 38 · Prescription ─ Plaintiff’s claim based on fraud committed on 25 June 1969 ─ claim only instituted in February 2004 ─ special plea of prescri... |
| 30 Mar 2010 | Smith v Parsons (187/07)[2010] ZASCA 39 · Wills Act of 1953 – Ques tion is whether the suicide note written by the deceased was intended to be an amendment of his will as contemplate... |
| 30 Mar 2010 | Bruce-Lee Naidoo v The State (403/09)[2010] ZASCA 40 · Criminal law – self –defence – whether appellant acted in self defence – whether appellant erroneously believed his life was in danger – put... |
| 30 Mar 2010 | Le Roux v Dey[2010] ZASCA 41 · 44/2009 · Actio iniuriarum – defamation – humiliation – jest – wrongfulness – animus iniuriandi – consciousness of wrongfulness not required - damages... |
| 29 Mar 2010 | 170/09 MEINTJES V COETZER & OTHERS (089/09)[2010] ZASCA 32 · Property – Deceased estate – whether the deceased had waived/abandoned her right to the ownership of certain portions of her property which... |
| 29 Mar 2010 | 168/09 RAF v Podbielski Mhlambi and another (170/09)[2010] ZASCA 33 · Road Accident Fund – whether the Fund can pursue an appeal to the SCA which would require this court to express an opinion on a hypothetical... |
| 29 Mar 2010 | 99/09 Duet and Magnum Financial Services v Koster (168/09)[2010] ZASCA 34 · Insolvency – dispositions – liquidator’s right to apply for setting aside under ss 26, and of Insolvency Act of 1936 – when extinctive presc... |
| 29 Mar 2010 | Pitelli v Everton Gardens Projects CC (191/09)[2010] ZASCA 35 · Appealability of order taken by default – order capable of being rescinded by court below – not appealable. 2 ______________________________... |
| 29 Mar 2010 | 191/09 ABSA v Bernert (99/09)[2010] ZASCA 36 · Claim in delict for damages – negligent misstatement – statement not made to or relied on by plaintiff – on facts statement in any event not... |
| 26 Mar 2010 | Majikazana v The State (559/09)[2010] ZASCA 29 · Criminal Procedure – fair trial – murder – fact of presiding judge previously having heard and dismissed bail appeal not brought to his atte... |
| 26 Mar 2010 | The Road Accident Fund v N F Timis (29/09)[2010] ZASCA 30 · Motor vehicle accident ─ death of breadwinner ─ claim against RAF ─ deductibility of child care grants from the damages awarded. Held ─ chil... |