3 June 2009
204/08 [2009] ZASCA 79
Du Plessis v Prophitius and Another
Immovable property transfer of ownership validity of
Not yet online
1 June 2009
268/2008 [2009] ZASCA 75
Feldman v EMI Music
Co-author of work of joint authorship not entitled to sue for all
damages resulting from infringement without joining other
co-authors or making out a case for such entitlement
1 June 2009
231/08 [2009] ZASCA 78
Sewpersadh v Dookie
Sale of land termination of agreement of sale whether conduct
of parties after valid cancellation thereof tantamount to a
revival of the agreement
1 June 2009
695/2008 [2009] ZASCA 77
Minister of Trade and Industry and Klein NO
Appellant applying for condonation of late filing of record and
heads of argument, and seeking order reinstating lapsed appeal
no acceptable explanation for delays prospects of success on the
merits remote application dismissed
1 June 2009
138/08 [2009] ZASCA 76
J P Kriel v The Legal Aid
Board
Unlawful dismissal - application for
review of dismissal under an employment contract correctly refused
as dismissal not amounting to administrative action
1 June 2009
339/08 [2009] ZASCA 74
Bulkship Union SA v Qannas Shipping Co Ltd & Another
Shipping Admiralty Jurisdiction Regulation
Act 105 of 1983, s 3(7) - interpretation of phrase 'when
the maritime claim arose'
|
1 June 2009
234/08 [2009] ZASCA 73
Gibbs v Minister of Justice
Principle of legality - Interpretation
and application of statutory scheme -
Public Service Act 111 of 1984
- Public Service
Act 103 of 1994 -
Magistrate's Act
90 of 1993 - Regulations
- whether system of merit awards
previously applicable to certain Magistrates, continue to have
legal validity - no legal basis for
awards which, in any event, militate against judicial independence
and constitutional values
Excerpt
:
"The question in this appeal is whether senior magistrates
and magistrates (including the 24 appellants) are legally entitled
to continue to be considered for and receive merit awards as part
of their conditions of service"
|
1 June 2009
165/08 [2009] ZASCA 72
Director of Public Prosecutions, Kwazulu-Natal v Ngcobo and two
others
Minimum sentence regime - principles to
be applied - absence of substantial and
compelling circumstances - imposition of
minimum sentences justified
Lenient
sentences overturned - 2 June
The Supreme Court of Appeals has set aside the effective 18 years'
sentence imposed on three men convicted of murdering
Pietermaritzburg man Andrew Scott Ferguson, sentencing them to
life imprisonment instead. - IOL
website
1 June 2009
343/08 [2009] ZASCA 71
Lombard v Landmark and Others
Construction guarantee and indemnities -
construed independently of construction contract
- undertaking to pay upon the happening
of an event - obligation to honour
undertaking
1 June 2009
214/2008 [2009] ZASCA 70
Spearhead Property Holdings Ltd v E & D Motors (Pty) Ltd
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'
whether lease agreement ought to be rectified
29 May 2009
218/08 [2009] ZASCA 69
Makhanya v University of Zululand
Employment claim to enforce contract alternative remedies
available under Labour Relations Act 1995
whether high court had jurisdiction to consider claim
High
courts entitled to try labour cases - 1 June
The Supreme Court of Appeal last week ruled that the high court
has the jurisdiction to hear labour matters together with the
Labour Court, in a departure from a precedent set by the
Constitutional Court. Appeal Judge Robert Nugent ruled on Friday
that a 2007 Constitutional Court decision that the high court did
not have jurisdiction in a certain matter was made as observations
and thoughts, and was not binding. Friday's ruling came out of a
case against the University of Zululand. Prof Edward Makhanya had
instituted an action against the university, where he had been
employed on contract, in the KwaZulu-Natal High Court in Durban.
Makhanya said the university had purported to terminate the
contract in breach of its terms. He had continued to render his
services but the university had not paid him and he claimed orders
compelling the institution to do so. In a special plea , the
university challenged the jurisdiction of the high court to
consider the claim. - allAfrica
website
29 May 2009
296/2008 [2009] ZASCA 68
Joubert v Maranda Mining Company
Right of access to land in terms of Mineral
and Petroleum Resources Development Act 28 of 2002
unreasonable refusal by land owner and occupier to allow mining
permit holder access to land held that when permit holder has
complied with all requirements in terms of the Act it has a right
to enter the land to exercise its rights
29 May 2009
157/2008 [2009] ZASCA 67
Mthembu v Transnet trading as Metrorail
Application for special leave to appeal no reasonable prospects
of success in a further appeal
29 May 2009
324/08 [2009] ZASCA 66
Municipal Manageer : Quakeni v F V General Trading
Contract municipal contract concluded in breach of prescribed
processes relating to procurement of municipal services no
difference in procument processes required for basic municipal
services - contract invalid unnecessary for appellants in
present proceedings to have sought a formal review of the award of
the contract declaration of invalidity issued
29 May 2009
446/2008 [2009] ZASCA 65
Mshengu v the State
Plea of guilty in terms of s 112 of the
Criminal Procedure Act 51 of 1977 the requirements
therefore restated
29 May 2009
213/08 [2009] ZASCA 64
Henriques v Giles NO
Wills husband and wife each inadvertently signing will drafted
for the other husband first-dying whether rectification of his
will possible
29 May 2009
360/08 [2009] ZASCA 63
Commissioner for the South African Revenue Services and Others
v Moresport (Pty) Ltd and Others
Customs and Excise - Failure to disclose
a defence contained in a letter in an ex-parte application, not
fatally defective
29 May 2009
372/2008 [2008] ZASCA 62
Du Plessis & Smith NNO v Goldco Motor & Cycle Supplies
Option to purchase immovable property deemed to have been
exercised by purchaser where seller has deliberately frustrated
exercise in prescribed mode
29 May 2009
686/2008 [2009] ZASCA 61
Nedbank Ltd v P U Injection Manufacturing
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 the money
29 May 2009
187/2008 60 [2009] ZASCA
Momentum Group Ltd v Van Staden NO & another
Cession in securitatem debiti Payment by debtor to cedent
subsequent claim against debtor by cessionary whether debtor had
knowledge of the cession at time of payment to cedent
29 May 2009
331/08 [2009] ZASCA 59
Manong v Department of Roads and
Transport, Eastern Cape Province
Promotion of Equality and Prevention of
Unfair Discrimination Act 4 of 2000 jurisdiction High
Court sitting as an equality court not a High Court
- extent of jurisdiction of equality
court to grant relief in respect of administrative action
allegedly invalid on the grounds that it amounted to unfair
discrimination
28 May 2009
278/08 [2009] ZASCA 58
Kimberley Junior School v The Head of the Northern Cape Education
Department
Employment of Educators Act 76 of 1998
appointment of principal of public school by first respondent in
terms of s 6(3) of the Act recommendation by school governing
body found to be essential prerequisite for such appointment
held on the facts that such recommendation had never been made
appointment consequently set aside
28 May 2009
258/08 [2009] ZASCA 57
Mathenjwa v Magudu Game Company
Wild animals - ownership in
whether ownership acquired and thereafter lost
28 May 2009
410/2008 [2009] ZASCA 56
Walker v Santam
Indemnity insurance repudiation by insurers sufficiency of
proof of loss
27 May 2009
327/08 [2009] ZASCA 55
Minister of Safety and Security v Tyulu
Unlawful arrest and detention s 40(1)(a) and (f)
Criminal Procedure Act 51 of 1977
whether the appellant had adduced sufficient evidence to justify
the respondent's arrest and detention
The appropriate quantum of damages in respect of respondent's
arrest and detention Award reduced on appeal
27 May 2009
311/08 [2009] ZASCA 54
Erasmus Ferreira & Ackermann v Francis
Section 1(1) of the Assessment of Damages
Act 9 of 1969 which, in an action for damages arising from
a person's death, prohibits insurance
money, pensions or benefits from being taken into account in
calculating loss of support, does not apply to a dependant's
action against attorneys who negligently caused the loss of
support claim to become prescribed. Where, however, a dependant
received a collateral benefit from an insurance company in respect
of the prescribed claim it was held that it was fair that the
attorneys, who had caused the loss of support claim to become
prescribed, should not be entitled to deduct that benefit from
their overall liability to the dependant
27 May 2009
300/08 [2009] ZASCA 53
St Paul Insurance Co SA Ltd v Eagle Ink System (Pty) Ltd
Continuation of a trial when the judge has died
; interpretation of 'contaminated' in a public liability
insurance policy ; effect of exclusion
in extension clause
26 May 2009
113/08 [2009] ZASCA 52
Mazibuko and Another v National Director of Public Prosecutions
Prevention of Organised Crime Act
forfeiture of immovable property property owned by spouses
married in community of property whether interest of one spouse
capable of being excluded
Rights of innocent parties
married in COP under POCA - 26 May 2009
Article by S A Jazbhay on the KwaZulu-Natal Law Society website
26 May 2009
299/2008 [2009] ZASCA 51
Grobler v Oosthuizen
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 cedent against
heir for proceeds of policy plea of prescription by heir
premised on postulate that cedent's claim for re-cession of rights
under policy which arose more than three years prior to summons
cession construed as cession in securitatem debiti and not
outright cession held that re-cession consequently not required
held further that in the premises plea of prescription could not
succeed
25 May 2009
369/08 [2009] ZASCA 50
Manong and Associates (Pty) Ltd v Eastern Cape Department of
Roads and Transport and Others
Principle of legality - powers of
Equality Court - consideration of
provisions of the Promotion of Equality and
Prevention of Unfair Discrimination Act 4 of 2000
- Equality Court not a High Court
- powers exercised in terms of the Act
- restricted to dealing with specified
complaints - procedures in terms of
Equality Act not followed - matter
remitted
25 May 2009
657/08 [2009] ZASCA 49
Clipsal Australia (Pty) Ltd and Others v Gap Distributors (Pty)
Ltd and Others
Judgment staying judicial proceedings pending the determination of
other judicial proceedings held to be appealable
22 May 2009
479/08 [2009] ZASCA 48
Van der Westhuizen v S
Condonation failure to prosecute appeal in compliance with the
rules explanation for delay and prospects of success evaluated
22 May 2009
604/08 [2009] ZASCA 47
Mia v S
Fraud sentence no substantial and compelling circumstances
present minimum sentence on each count
confirmed striking disparity between effective sentence imposed
and that which appellate court would have imposed sentence
reduced from 20 to 15 years effective imprisonment
21 May 2009
652/08 [2009] ZASCA 46
Johaar and Another v S
Vonnis menseroof en veelvuldige aanklagte van roof met
verswarende omstandighede eerste appellant gevonnis tot
effektiewe termyn van 30 jaar gevangenisstraf en tweede appellant
tot 16 jaar gevangenisstraf of kumulatiewe effek van die
opgelegde vonnisse buitensporig is
13 May 2009
19/08 [2009] ZASCA 45
South Africa Post Office v De Lacy
Tender claim for damages by unsuccessful
tenderer whether facts establish dishonesty
12 May 2009
137/2008 [2009] ZASCA 44
King v The Attorneys Fidelity Fund Board of Control
Attorneys Fidelity Fund
claims against Fund under s 26(a) of Attorneys Act 53 of 1979
money paid into firm of attorneys' trust account and
subsequently stolen assumed money had been entrusted to
practitioner in course of practice as such money destined to be
invested in factoring scheme operated by third party claims
excluded by s 47(1)(g) of Attorneys Act since, when money
deposited in practitioner's trust account, instruction was to
invest in factoring scheme on claimants' behalf
With regard to
the Attorneys Fidelity Fund, according to section 26 (a) of
the Attorneys Act 53 of 1979, "subject
to the provisions of this Act, the Fund shall be applied for
the purpose of reimbursing persons who may suffer pecuniary
loss as a result of :
a) theft
committed by a practising practitioner, his candidate attorney
or his employee, of any money or other property entrusted by
or on behalf of such persons to him or to his candidate
attorney or employees in the course of his practice or while
acting as executor or administrator in the estate or in any
other similar capacity . . ."
In the matter of
King & others v Attorneys Fidelity Fund Board of Control
[2009] JOL 23562 (SCA), where judgment was handed down in
the Supreme Court of Appeal this morning, the court dealt with
claims against the Attorneys Fidelity Fund involving money
that had been paid into the trust account of a firm attorneys
which had been stolen.
In the judgment
by Mpati J (Brand, Cachalia, Mhlantla JJA et Bosielo AJA
concurring), the court also dealt with section 47(1)(g) of the
Attorneys Act which played a crucial part in their decision.
Source
:
LexisNexis
8 May 2009
126/08 [2009] ZASCA 43
Jacobs and Others v Baumann NO and Others
Whether summons issued in an action, launched by an executor of a
deceased estate subsequently found to have been unlawfully
appointed, a nullity whether substitution of executor having
effect of adding a new party to the action and prejudicing to the
appellants