Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 17 Sep 2009 | Minister of Safety and Security v Madyibi (643/08)[2009] ZASCA 95 · Delict – loss of support – wrongfulness – police negligently failing to dispossess sergeant of official firearm – sergeant taking his own li... |
| 17 Sep 2009 | Manyathse v M & G Media Ltd[2009] ZASCA 96 · 415/2008 |
| 17 Sep 2009 | Minister of Safety and Security and others v Loraine Craig (572/08)[2009] ZASCA 97 · Delict - wellbeing of arrested persons ─ duty of police officers discussed ─ examination by district surgeon prior to detention at police st... |
| 17 Sep 2009 | Bane v D'Ambrosi (279/08)[2009] ZASCA 98 · Delictual damages - measure of – Plaintiff claiming loss of earnings which would have accrued in United Kingdom – Plaintiff, as a result of... |
| 15 Sep 2009 | Kotzè v The State (429/08)[2009] ZASCA 93 · Criminal law – Police trap and undercover operation – Contraventions of s of Diamonds Act of 1986 – S 252A of the Criminal Procedure Act. |
| 14 Sep 2009 | Cladall Roofing (Pty) Ltd v SS Profiling (Pty) Ltd (515/08)[2009] ZASCA 92 · Contract – standard conditions of agreement – whether seller entitled to rely on certain clauses as defence to claim for damages by purchase... |
| 11 Sep 2009 | Puma v Global Warming (408/08)[2009] ZASCA 89 · Trade mark – infringement – Trade Marks Act 194 of 1993 s 34(1)(a). |
| 11 Sep 2009 | 431/09 Nature’s Choice v Ekurhuleni Municipality (487/08)[2009] ZASCA 90 · Atmospheric Pollution Prevention Act of 1965 – smoke control regulations – plans and specifications for installation of boiler required – fa... |
| 11 Sep 2009 | 515/08 Mathebula and The State (431/09)[2009] ZASCA 91 · Criminal Procedure – Criminal Procedure Act of 1977 s 60(11)(a) – bail - exceptional circumstances – weakness of state case – necessary proo... |
| 10 Sep 2009 | City of Tshwane v Cable City (232/08)[2009] ZASCA 87 · Administrative action – whether joinder of relevant actor necessary – whether notice promulgated by the Minister validly authorized by s 12(... |
| 10 Sep 2009 | Petersen v Minister of Safety & Security[2009] ZASCA 88 · 514/2008 · Delictual claim against the respondent for injuries sustained by the appellant's minor son through gunshot fired by police – finding that po... |
| 7 Sep 2009 | On-line Lottery Services v National Lotteries Board (536/08)[2009] ZASCA 86 · Intellectual property – trade mark – registrability of mark – whether mark capable of distinguishing. Unlawful competition – passing off – r... |
| 3 Sep 2009 | 536/08 Oudekraal Estates (Pty) Ltd v The City of Cape Town and others (25/08)[2009] ZASCA 85 · Application for review ─ to set aside decision to approve township in 1957 ─ failure to take into consideration religious and cultural right... |
| 20 Aug 2009 | Volvo v Yssel (247/08)[2009] ZASCA 82 · Fiduciary duty – circum stances in which such a duty exists. 2 _____________________________________________________________________ |
| 20 Aug 2009 | Absa Brokers v RMB Financial Services and others (332/08)[2009] ZASCA 83 |
| 20 Aug 2009 | Kovacs Investments 724 (Pty) Ltd v Marais[2009] ZASCA 84 · 323/2008 · Contract – sale of immovable property – written agreement – securing loan in amount less than that stipulated constitutes variation of term... |
| 17 Jul 2009 | 247/08 Cronje v Hillcrest Village (325/08)[2009] ZASCA 81 · Section 420 of Companies Act of 1973 – application to avoid dissolution of liquidated company - unlikelihood of avoidance yielding a financi... |
| 3 Jul 2009 | The Occupiers of Shorts Retreat v Daisy Dear Investments[2009] ZASCA 80 · 245/2008 · Evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 – the requirements therefor restat... |
| 3 Jun 2009 | 245/08 Du Plessis v Prophitius and Another (204/08)[2009] ZASCA 79 · Immovable property – transfer of ownership – validity of. ___________________________________________________________________ 2 ____________... |
| 1 Jun 2009 | Spearhead Property Holdings Ltd v E & D Motors (Pty) Ltd (214/08)[2009] ZASCA 70 · Lease – whether an option to purchase leased property is binding on a lessor’s successor-in-title by virtue of the rule ‘huur gaat voor koop... |
| 1 Jun 2009 | Lombard v Landmark & others (343/08)[2009] ZASCA 71 · Construction guarantee and indemnities ─ construed independently of construction contract ─ undertaking to pay upon the happening of an even... |
| 1 Jun 2009 | Director of Public Prosecutions, Kwazulu-Natal v Ngcobo (165/08)[2009] ZASCA 72 · Minimum sentence regime ─ principles to be applied ─ absence of substantial and compelling circumstances ─ imposition of minimum sentences j... |
| 1 Jun 2009 | Gibbs v Minister of Justice (234/08)[2009] ZASCA 73 · Principle of legality ─ Interpretation and application of statutory scheme ─ Public Service Act 111 of 1984 ─ Public Service Act 103 of 1994... |
| 1 Jun 2009 | Bulkship Union SA v Qannas Shipping Co Ltd (339/08)[2009] ZASCA 74 · Shipping – Admiralty Jurisdiction Regulation Act 105 of 1983, s 3(7) - interpretation of phrase 'when the maritime claim arose'. 2 _________... |
| 1 Jun 2009 | Feldman v EMI Music (268/08 & 269/08)[2009] ZASCA 75 · Co-author of work of joint authorship not entitled to sue for all damages resulting from infringement without joining other co-authors or ma... |
| 1 Jun 2009 | JP Kriel v The Legal Aid Board (138/08)[2009] ZASCA 76 · Unlawful dismissal ─ application for review of dismissal under an employment contract correctly refused as dismissal not amounting to admini... |
| 1 Jun 2009 | Minister of Trade and Industry v Klein NO (695/08)[2009] ZASCA 77 · Appellant applying for condonation of late filing of record and heads of argument, and seeking order reinstating lapsed appeal – no acceptab... |
| 1 Jun 2009 | Sewpersadh v Dookie (231/08)[2009] ZASCA 78 · Sale of land – termin ation of agreement of sale – whether conduct of parties after valid cancellation thereof tantamount to a revival of th... |
| 29 May 2009 | 331/08 Kimberley Junior School v The Head of the Northern Cape Education Department (278/08)[2009] ZASCA 58 · Employment of Educator s Act of 1998 – appointment of principal of public school by first respondent in terms of s 6(3) of the Act – recomme... |
| 29 May 2009 | Manong v Department of Roads & Transport, Eastern Cape Province (331/08)[2009] ZASCA 59 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 – jurisdiction – High Court sitting as an equality court not a Hig... |
| 29 May 2009 | Momentum Group Ltd v Van Staden NO & another (187/08)[2009] ZASCA 60 · Cession in securitatem debiti – Payment by debtor to cedent – subsequent claim against debtor by cessionary – whether debtor had knowledge o... |
| 29 May 2009 | Nedbank Ltd v P U Injection Manufacturing (Pty) Ltd (686/08)[2009] ZASCA 61 · Claim for payment of money from a bank account in which financial rand had been held refused where applicant unable to prove any right to th... |
| 29 May 2009 | Du Plessis NO v Goldco Motor & Cycle Supplies (Pty) Ltd (372/08)[2009] ZASCA 62 · Option to purchase immovable property deemed to have been exercised by purchaser where seller has deliberately frustrated exercise in prescr... |
| 29 May 2009 | SARS v Moresport (360/08)[2009] ZASCA 63 · Customs and Excise ─ Failure to disclose a defence contained in a letter in an ex-parte application, not fatally defective. |
| 29 May 2009 | Henriques v Giles NO (213/08)[2009] ZASCA 64 · Wills – husband and wife each inadvertently signing will drafted for the other – husband first-dying – whether rectification of his will pos... |
| 29 May 2009 | Mshengu v The State (446/08)[2009] ZASCA 65 · Plea of guilty in terms of s 112 of the Criminal Procedure Act of 1977 – the requirements therefor restated. |
| 29 May 2009 | Qaukeni Local Municipality v FV General Trading (324/08)[2009] ZASCA 66 · Contract – municipal contract concluded in breach of prescribed processes relating to procurement of municipal services – no difference in p... |
| 29 May 2009 | Mthembu v Transnet t/a Metrorail (157/08)[2009] ZASCA 67 · Application for special leave to appeal – no reasonable prospects of success in a further appeal. 2 ________________________________________... |
| 29 May 2009 | 218/08 Joubert v Maranda Mining Company (296/08)[2009] ZASCA 68 · Right of access to land in terms of Mineral and Petroleum Resources Development Act of 2002 – unreasonable refusal by land owner and occupie... |
| 29 May 2009 | Makhanya v University of Zululand (218/08)[2009] ZASCA 69 · Employment – claim to enforce contract – alternative remedies available under Labour Relations Act 1995 – whether high court had jurisdictio... |
| 28 May 2009 | Walker v Santam[2009] ZASCA 56 · 410/2008 · Indemnity insurance – repudiation by insurers –sufficiency of proof of loss. |
| 28 May 2009 | Mathenjwa v Magudu Game Company (258/08)[2009] ZASCA 57 · Wild animals - ownership in – whether ownership acquired and thereafter lost. |
| 27 May 2009 | St Paul Insurance Co SA Ltd v Eagle Ink System (Pty) Ltd (300/08)[2009] ZASCA 53 · Continuation of a trial when the judge has died; interpretation of 'contaminated' in a public liability insurance policy; effect of exclusio... |
| 27 May 2009 | 327/08 Erasmus Ferreira & Ackermann v Francis (311/08)[2009] ZASCA 54 · Section 1(1) of the Assessment of Damages Act of 1969 which, in an action for damages arising from a person’s death, prohibits insurance mon... |
| 27 May 2009 | Minister of Safety and Security v Tyulu (327/08)[2009] ZASCA 55 · Unlawful arrest and detention – s 40(1)(a) and (f) – Criminal Procedure Act of 1977 – whether the appellant had adduced sufficient evidence... |
| 26 May 2009 | 113/08 Grobler v Oosthuizen[2009] ZASCA 51 · 299/2008 · Cession of policy in compliance with terms of sale which proved to be null and void – policy paid out to heir of cessionary – claim by ceden... |
| 26 May 2009 | Mazibuko v The National Director of Public Prosecutions (113/08)[2009] ZASCA 52 · Prevention of Organised Crime Act – forfeiture of immovable property – property owned by spouses married in community of property – whether... |
| 25 May 2009 | Clipsal Australia v Gap Distributors (657/08)[2009] ZASCA 49 · Judgment staying judicial proceedings pending the determination of other judicial proceedings held to be appealable. 2 _____________________... |
| 25 May 2009 | Manong v Eastern Cape Department of Roads and Transport & others (369/08)[2009] ZASCA 50 · Principle of legality ─ powers of Equality Court ─ consideration of provisions of the Promotion of Equality and Prevention of Unfair Discrim... |
| 22 May 2009 | Mia v The State (604/08)[2009] ZASCA 47 · Fraud – sentence – no substantial and compelling circumstances present – minimum sentence on each count confirmed – striking disparity betwe... |