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Citation
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Judgment date
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| August 2003 |
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Court held that a pass in "English" includes "Literature in English", discharged interim order and ordered costs against respondents who failed to produce documents.
Electoral law—Mayoral qualification—Interpretation of statutory requirement of "a pass in English" to include "Literature in English"; contempt for non‑production of documents; condonation for late filing; costs for respondents who disobey interim orders.
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28 August 2003 |
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Failure to consider 'special circumstances' before cancelling a licence was irregular; prohibition and cancellation set aside, convictions otherwise confirmed.
Road Traffic Act s52(2)(a) and s52(4) – duty to consider 'special circumstances' before disqualification or licence cancellation; summary trials s271(2)(b) – obligation to guide unrepresented accused; irregularity vs substantial miscarriage of justice; remittal and futility where prohibition period has expired.
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20 August 2003 |
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The accused's review attack on conviction and request to withdraw confirmation failed for lack of gross irregularity.
Criminal procedure — Review v appeal — Use of review to attack conviction; Right to legal representation — postponement and judicial exercise of discretion; Adjournment to call witnesses — gross irregularity; Withdrawal of certificate of confirmation.
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20 August 2003 |
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Seized cash held lawfully as potential evidence under s49; applicants' application for return dismissed with costs.
Criminal procedure — Search and seizure — s49 Criminal Procedure and Evidence Act — Money as an "article" capable of seizure and retention as exhibit — Remand versus summons procedure not determinative of right to return — Weakness of charge sheet not ground for release of exhibits.
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19 August 2003 |
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Urgent reinstatement denied: expired contract, no tacit renewal or estoppel, and material non-disclosure led to dismissal with costs.
Contract law – expiry, tacit renewal and estoppel; Urgent/interim relief – duty of full and frank disclosure; Procurement law – compliance with tender notification requirements; Remedies – dismissal and costs for material non-disclosure in urgent applications.
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6 August 2003 |
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Applicant failed to disclose material facts and to establish a clear right or ultra vires police action under POSA; application dismissed with costs.
Urgent interdict — non‑disclosure in urgent/ex parte applications — self‑inflicted urgency; POSA ss24–26: notification, police control and prohibition powers; interdict only against ultra vires or unlawful exercises of statutory power; requirements for final prohibitory interdict (clear right, injury, no alternative remedy).
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6 August 2003 |
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Court reduced an excessive theft sentence, noting valuation, recovery of goods, offender’s circumstances and need for mercy.
Criminal law – sentencing – theft – valuation of stolen household goods – recovery of property – sentencing discretion and individualisation – effect of currency depreciation on nominal valuation.
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6 August 2003 |
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Material inconsistencies undermined proof of non‑consent; conviction reduced to statutory rape and sentence substituted.
Sexual offences — consent and credibility — material inconsistencies in complainant’s evidence undermining proof of non‑consent — admissibility of prior complaints — statutory rape as competent verdict — sentencing factors (age disparity, in loco parentis, time served).
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6 August 2003 |