Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 11 Apr 2018 | whether knowledge of delay in constructing a sectional title scheme constituted knowledge of facts constituting a complete cause of action. Mostert v Firstrand Bank t/a RMB Private Bank[2018] ZASCA 54 · 198/2017 · Debtor and creditor – remedying of default in a credit agreement in terms of s 129(3) of the National Credit Act of 2005 – s 129(3) requires... |
| 29 Mar 2018 | Road Accident Fund v Abrahams[2018] ZASCA 49 · 276/2017 · Road Accident Fund Act of 1996 : section 17: whether a driver in a single motor vehicle accident is entitled to claim under the provisions o... |
| 29 Mar 2018 | Overstrand Municipality v Water and Sanitation Services South Africa (Pty) Ltd[2018] ZASCA 50 · 143/2017 · Tender evaluation and adjudication : challenges based, inter alia, on s 6(2)(b) of the Promotion of Administrative Justice Act of 2000 : whe... |
| 29 Mar 2018 | 346.36 KB Delict – claim for damage to earning capacity – plaintiff and his brother each owned 50 per cent of close corporation – present case distinguishable from Rudman – plaintiff’s claim permissibly quantified with reference to corporation’s diminished profits. Delict – collateral source rule – plaintiff’s post-injury earnings, to extent they exceeded a market related salary for his reduced role, the result of benevolence – correctly disregarded. Pietermaritzburg and District Counc[2018] ZASCA 51 · 184/17 · Actio aquae pluviae arcendae – interdict – stormwater from higher property discharging into municipal stormwater drainage system – combined... |
| 29 Mar 2018 | Glenn Marc Bee v The Road Accident Fund[2018] ZASCA 52 · 093/2017 · Delict – claim for damage to earning capacity – plaintiff and his brother each owned per cent of close corporation – present case distinguis... |
| 29 Mar 2018 | Shaw & another v Mackintosh & another[2018] ZASCA 53 · 267/17 · National Credit Act of 2005 (the NCA) – co-principal debtors – whether transaction is a credit guarantee in terms of s 8(5) of the NCA – whe... |
| 28 Mar 2018 | BS v PS[2018] ZASCA 37 · 291/2017 · Divorce Act of 1979 – s 7(8)(a)(i) – per cent of respondent’s pension interest in Government Employees Pension Fund assigned to appellant –... |
| 28 Mar 2018 | CSARS v Danwet[2018] ZASCA 38 · 399/2017 · Condonation for late filing of an appeal against an assessment – section 104(3) of the Tax Administration Act of 2011 mandates a taxpayer to... |
| 28 Mar 2018 | 166.55 KB Criminal Procedure Act 51 of 1977 - Section 316B - appeal by State – rape of 6 year old boy – sentence imposed of 10 years imprisonment of which 4 years suspended – shockingly and disturbingly lenient – no substantial and compelling circumstances present – sentence of life imprisonment substituted. CSARS v The Executors of Estate Late Sidney Ellerine[2018] ZASCA 39 · 142/2017 · Eighth Schedule to the Income Tax Act of 1962 – valuation of preference shares for the purposes of determination of a capital gain. |
| 28 Mar 2018 | 104.1 KB Lease agreement –lessee - right of pre-emption – interpretation - lessor obliged to inform lessee of identical terms and conditions in all respects upon which prepared to sell property to third party – failure by lessor to do so – sale agreement with third party invalid - right of pre-emption validly exercised by lessee - appeal dismissed. Director of Public Prosecutions, Grahamstown v Mzukisi Peli[2018] ZASCA 40 · 533/2017 · Criminal Procedure Act of 1977 - Section 316B - appeal by State – rape of year old boy – sentence imposed of years imprisonment of which yea... |
| 28 Mar 2018 | Dinnermates (Tvl) CC v Piquante Brands International & another[2018] ZASCA 43 · 401/17 · Trade mark – opposition in terms of s 10(14) of the Trade Marks Act 194 of 1993 – whether mark likely to deceive or confuse – PEPPADEW and P... |
| 28 Mar 2018 | The National Consumer Commission v Univision Services Association NPC[2018] ZASCA 44 · 618/2017 · Complaint to the National Consumer Commission under the Consumer Protection Act of 2008 – complaint referred to the National consumer Tribun... |
| 28 Mar 2018 | De Klerk v Minister of Police[2018] ZASCA 45 · 329/17 · Delictual claim – Unlawful arrest and detention – what constitutes unlawful arrest – whether the Minister of Police is liable for the furthe... |
| 28 Mar 2018 | Minister of Home Affairs & another v Fireblade Aviation Ltd & others[2018] ZASCA 46 · 13/2016 · Application for leave to appeal against judgment in High Court in application proceedings – such to be dealt with under s 16(1)(a)(i) of the... |
| 28 Mar 2018 | 206.45 KB Immigration Act 13 of 2002 – foreigner issued with a valid spousal visa subsequently found in possession of a fraudulent visa in breach of s 29(1)(f) of the Act – deemed a prohibited person and not entitled to a port of entry visa or admission into the Republic – high court has no authority to order the Department of Home Affairs to allow him entry into the Republic and to re-issue his spousal visa – such order violates separation of powers – requisites for the grant of an in[2018] ZASCA 47 · 231/2017 · Criminal Law: appellants indicted for murder – charge sheet referred to s 51(2) of the Criminal Law Amendment Act 105 of 1997 (the Act) – tr... |
| 28 Mar 2018 | The Director-General, Department of Home Affairs and another v Islam and others[2018] ZASCA 48 · 459/2017 · Immigration Act of 2002 – foreigner issued with a valid spousal visa subsequently found in possession of a fraudulent visa in breach of s 29... |
| 26 Mar 2018 | 250.18 KB Master rental agreement – written cession – interpretation of cession in context – subsequent rental agreements validly ceded. Nkola v Argent Steel[2018] ZASCA 29 · 406/2017 · A judgment debtor who claims that he has sufficient movable assets to satisfy the debt cannot avert execution against his immovable property... |
| 26 Mar 2018 | Automated Office Technology (Pty) Ltd t/a AOT Finance v International Colleges Group (Pty) Ltd[2018] ZASCA 31 · 385/2017 · Master rental agreement – written cession – interpretation of cession in context – subsequent rental agreements validly ceded. |
| 26 Mar 2018 | Macinezela v The State[2018] ZASCA 32 · 550/2017 · Criminal Procedure – before a witness testifies in a criminal trial in appropriate circumstances an inquiry must be held into whether he or... |
| 23 Mar 2018 | 216.14 KB Damages for breach of warranty – ‘substantial/major’ accident affecting resale of motor vehicle. Terms of warranty clear. Special leave – test for – requires something more than reasonable prospects of success on appeal. Ultimately court hearing appeal decides whether special circumstances exist. No special circumstances found – appeal struck from the roll with costs. Loggenberg N O & others v Maree[2018] ZASCA 24 · 286/2017 · Practice – pleadings – exception – non-compliance with s 2(1) of the Alienation of Land Act of 1981 – alleged sale of land not reduced to wr... |
| 23 Mar 2018 | Stu Davidson v Eastern Cape Motors[2018] ZASCA 26 · 260/2017 · Damages for breach of warranty – ‘substantial/major’ accident affecting resale of motor vehicle. Terms of warranty clear. Special leave – te... |
| 23 Mar 2018 | 226.9 KB Contract – principles of interpretation restated – not sufficient to merely outline well established principles – proper application thereof must be evident from the process of interpretation – appeal upheld. Brompton Court Body Corporate v Khumalo[2018] ZASCA 27 · 398/2017 · Prescription – an arbitration award generally does not create a new debt for purposes of the Prescription Act of 1969 (the Act) – a claim to... |
| 23 Mar 2018 | 183.96 KB A judgment debtor who claims that he has sufficient movable assets to satisfy the debt cannot avert execution against his immovable property unless he makes the movables, including incorporeals, available for execution. Auction Alliance v Wade Park[2018] ZASCA 28 · 342/16 · Contract – principles of interpretation restated – not sufficient to merely outline well established principles – proper application thereof... |
| 22 Mar 2018 | Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd[2018] ZASCA 23 · 298/2017 · Arbitration award – application to set aside – s 33(1)(b) of the Arbitration Act of 1965 – grounds for – gross irregularity – severability o... |
| 16 Mar 2018 | Budge & others v Glyn-Cuthbert & others[2018] ZASCA 18 · 1046/16 · Claims arising from an agreement to dissolve a business relationship between two parties – repudiation not established – enrichment claims a... |
| 16 Mar 2018 | Phetoe v State[2018] ZASCA 20 · 1361/2016 · Criminal law and Procedure – conviction of rape as an accomplice not correct – all elements of the crime including mens rea to be satisfied... |
| 15 Mar 2018 | Khoza v MEC for Health, Gauteng[2018] ZASCA 13 · 216/17 · Medical negligence – quantum of damages – court a quo erred in this regard – award for general damages increased – contingency deduction for... |
| 15 Mar 2018 | National Police Commissioner v Ngobeni[2018] ZASCA 14 · 327/2017 · Institution of a board of inquiry into alleged misconduct, unfitness for office or incapacity of a provincial commissioner of police – power... |
| 15 Mar 2018 | Minister of Home Affairs v The Public Protector[2018] ZASCA 15 · 308/2017 · Constitutional and administrative law – review of investigative, reporting and remedial powers of the Public Protector – such powers not of... |
| 15 Mar 2018 | 259.8 KB An agreement of settlement of litigation, forged by a lawyer for one of the parties, cannot be relied on by the other party. It is a nullity. Mobile Telephone Networks (Pty) Ltd & another v Spilhaus Property Holdings (Pty) Ltd & others[2018] ZASCA 16 · 208/2017 · Sectional title scheme – locus standi of unit owners to institute proceedings – matter falling within s 41(1) of the Sectional Titles Act of... |
| 15 Mar 2018 | 393.49 KB Claims arising from an agreement to dissolve a business relationship between two parties – repudiation not established – enrichment claims and ancillary relief – appeal dismissed – cross-appeal partially successful. Bannister’s Print v D & A Calendars[2018] ZASCA 17 · 1078/2016 · An agreement of settlement of litigation, forged by a lawyer for one of the parties, cannot be relied on by the other party. It is a nullity... |
| 8 Mar 2018 | John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) & another[2018] ZASCA 12 · 245/2017 · Application for leave to appeal – whether proposed appeal would have any practical effect or result – such to be determined without referenc... |
| 6 Mar 2018 | Waymark Infotech v Road Traffic Management Corporation[2018] ZASCA 11 · 440/2017 · Interpretation of ss and of the Public Finance Management Act of 1999: contract for the procurement of professional services did not constit... |
| 5 Mar 2018 | Maqebhula v The State[2018] ZASCA 10 · 284/17 · Application for leave to appeal against dismissal by high court of petition for leave to appeal against conviction and sentence by regional... |
| 1 Mar 2018 | 155.31 KB Exception to plea – upholding an exception disposes of the pleading, not the action or defence – ordinarily therefore the court should grant leave to amend and not dispose of the matter – an excipient has a duty to persuade the court that upon every interpretation which the plea can bear no defence is disclosed - tacit agreement pleaded constitutes a termination of the written agreement, not a variation thereof. Media Statement Maphaha v The State[2018] ZASCA 8 · 174/2017 · Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reaso... |
| 1 Mar 2018 | Ocean Echo Properties 327 CC v Old Mutual Life Assurance Company (South Africa) Limited[2018] ZASCA 9 · 288/2017 · Exception to plea – upholding an exception disposes of the pleading, not the action or defence – ordinarily therefore the court should grant... |
| 23 Feb 2018 | 175.48 KB Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reasonable prospects of success concerning conviction – concerning sentence, trial court appeared not to have taken into account period of about three and a half years spent by appellants awaiting trial – reasonable prospects of success on appeal against sentence. DPP v Booysen[2018] ZASCA 7 · 580/2017 · Criminal law and procedure – minimum sentence legislation - respondent convicted on two counts of murder and one count of robbery with aggra... |
| 13 Feb 2018 | 240.54 KB Rape – sentence – life imprisonment - appellant and complainant aged 23 and 16 years respectively – period awaiting trial one of several factors to be considered cumulatively in determining whether substantial and compelling circumstances exist and proportionality of sentence – interference only if misdirection or trial court’s sentence grossly disproportionate. Fortuin v S[2018] ZASCA 5 · 838/2017 · Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a... |
| 2 Feb 2018 | 212.43 KB Procedure – s 17(2)(f) of the Superior Courts Act 10 of 2013 – exceptional circumstances warranting an order for the reconsideration and variation of the dismissal of the application for leave to appeal not established – application dismissed. Frieslaar NO v Ackerman[2017] ZASCA 3 · 1242/2016 · Prescription: extinctive prescription: Prescription Act of 1969, ss 10, and 12: obligation to pay transfer costs and to transfer property so... |
| 2 Feb 2018 | 129.44 KB Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a finding that the intention to penetrate was not established beyond reasonable doubt – appropriate to dispose of appeal without oral hearing – appeal upheld and leave granted to appeal to high court. Hendrik Petrus Hough v Mzubanzi Sisilana and others[2018] ZASCA 4 · 1121/2017 · Procedure – s 17(2)(f) of the Superior Courts Act of 2013 – exceptional circumstances warranting an order for the reconsideration and variat... |
| 17 Jan 2018 | Basson v Hugo & others[2017] ZASCA 1 · 968/16 · Promotion of Administrative Justice Act of 2000, s 7(2) – failure to exhaust internal remedy prior to instituting judicial review proceeding... |
| 20 Dec 2017 | 155 KB Volkswagen South Africa (Pty) Ltd v Commissioner for SARS[2017] ZASCA 190 · 1123/2016 · Income tax – rebate paid to motor manufacturers to encourage rationalisation of models – rebate dependent upon capital investment made by ma... |
| 20 Dec 2017 | Merchant Commercial Finance (Pty) Ltd v Katana Foods CC[2017] ZASCA 191 · 1238/2016 · Fraudulent scheme causing a factoring business to make payments by factoring fictitious sales – respondent’s director falsely verifying in a... |
| 13 Dec 2017 | The Minister of Home Affairs v Ruta[2017] ZASCA 186 · 30/2017 · Refugees Act 130 of 1998 – ss and 22 – contravention of ss and 49(i) of the Immigration Act of 2002 – respondent found in possession of frau... |
| 13 Dec 2017 | Western Cape Education Department & another v S (Women’s Legal Centre as Amicus Curiae)[2017] ZASCA 187 · 1209/2016 · Interpretation and application of s 40(1) of the South African Schools Act of 1996 – subsection provides for joint and several liability – f... |
| 13 Dec 2017 | RAF & others v Gouws & another[2017] ZASCA 188 · 056/2017 · Interpretation and application of Road Accident Fund Act of 1996 and Regulations thereunder – primary purpose of Appeal Tribunal is to deter... |
| 13 Dec 2017 | Cochrane Steel Products (Pty) Ltd v M-Systems Group[2017] ZASCA 189 · 1272/2016 · Disclaimer and admission in relation to the trade mark ‘CLEARVU’ – registration of mark giving no right to the exclusive use of the words ‘c... |
| 6 Dec 2017 | 279.03 KB Interpretation – Sale Agreement – Indemnity and Undertaking – respondent to provide vacant occupation – reciprocity principle applicable – the obligations interlinked – remedy – judgment suspended until vacant occupation is given – counterclaim – absolution from the instance. The Chemical Industries National Provident Fund v Tristar Investments[2017] ZASCA 184 · 960/2016 · Validity of an investment consulting agreement – whether the signatories who signed the agreement on behalf of the appellant had authority –... |
| 6 Dec 2017 | Cradle City v Lindley Farm[2017] ZASCA 185 · 1212/2016 · Interpretation – Sale Agreement – Indemnity and Undertaking – respondent to provide vacant occupation – reciprocity principle applicable – t... |
| 5 Dec 2017 | Bakane v The State[2017] ZASCA 182 · 1180/2016 · Criminal law and procedure – evidence obtained contrary to the provisions of s of the Constitution – appellant assaulted - trial rendered un... |