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Citation
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Judgment date
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| March 2006 |
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Disputed licence validity, exchange-control compliance and IP ownership raised triable issues; matter referred to trial, applicant pays costs.
Licence agreement validity; Exchange Control compliance and retrospective authority; ownership/transfer of industrial property rights and know‑how; allegations of sham/fraud; triable issues—referral to trial; costs awarded against applicant
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30 March 2006 |
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Counsel who previously acted for an opposing party must cease to avoid conflict and appearance of impropriety.
Legal ethics – Conflict of interest – Duty of confidentiality – Former/prospective client – Appearance of impropriety – Disqualification of counsel – Administration of justice
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22 March 2006 |
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Applicants failed to justify restraining police investigations; court found misleading affidavits and upheld police discretion.
Police powers — Discretion to investigate and arrest under s25 Criminal Procedure and Evidence Act — Judicial restraint in interfering with police discretion — Urgent application duty of full and fair disclosure — Relief restraining searches, seizures and forfeiture — Misleading affidavits undermining urgency
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15 March 2006 |
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Beneficiary lacked standing and created urgency by delay; provisional interdict dismissed with costs.
Succession law — executor dative’s locus standi over estate assets; beneficiary lacks standing until transfer effected — Urgency — self-created delay and failure to prosecute provisional order — Interim interdict — requirements: prima facie right, irreparable harm, balance of convenience, alternative remedy — Non-disclosure of material facts
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15 March 2006 |
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Applicant used incorrect procedure to challenge an ex parte mining interdiction; application dismissed with costs.
Civil procedure — Ex parte provisional orders — Rescission and Rule 449 — Functus officio — Appropriate remedy (damages) — Anticipation of return date / discharge of provisional order — Mining claim boundary dispute
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15 March 2006 |
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Default judgment dismissed where loan in foreign currency was made without authorised exchange control permission, rendering the agreement illegal.
Exchange Control Act – Statutory Instrument 109/96 s4(1) – dealing in foreign currency – borrowing/lending by non-authorised persons prohibited – illegality of contract – court may raise illegality mero motu – default judgment dismissed
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15 March 2006 |
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Court granted applicant provisional possession of listed matrimonial movables pending divorce to prevent respondent's oppressive conduct.
Family law – Interim equitable relief – Provisional possession of matrimonial movables pending divorce – Court protection against harassment and defeating of spousal rights
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15 March 2006 |
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Conviction quashed where corporate representative lacked authority to plead guilty and a custodial sentence on the company was incompetent.
Criminal procedure – corporate bodies – requirement to prove incorporation – representative’s authority to plead guilty – section 385(3) Criminal Procedure and Evidence Act – sentencing of corporate bodies limited to fines – invalidity of custodial sentence for a company.
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15 March 2006 |
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A magistrate may not impose two sentences for one offence or alter a deliberately pronounced sentence after the fact.
Criminal procedure — Sentencing — Double sentencing prohibited — Single sentence may be suspended — Amendment of sentence under s201(2) only for mistake and must be immediate — Post‑sentence conversion to community service incompetent.
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15 March 2006 |
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A paltry fine for theft of high-value property by a security guard was manifestly lenient; certificate withheld for review.
Criminal law – housebreaking with intent to steal and theft – sentence – breach of trust by security guard – premeditation – value of stolen property – fine grossly less than value – proceedings not certified as true and substantial justice.
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15 March 2006 |
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Delay and available statutory remedies defeated an urgent application to prevent transfer of property; application dismissed with attorney-client costs.
Urgency — delay and inaction — certification of urgency — interim interdicts over transfer of immovable property — power of attorney — assurances by opposing counsel — Deeds Registries Act remedy — costs and conduct of certifying legal practitioner.
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15 March 2006 |
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Court confirmed convictions but set aside sentences for failure to apply Exchange Control Act mandatory minimum and forfeiture procedures.
Criminal law — Exchange Control Act s5(4) — mandatory minimum fine where currency involved — requirement to record "special reasons" for lesser fine — forfeiture procedure under s7 — duty to afford accused opportunity to make submissions and to explain "special reasons" to unrepresented accused.
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8 March 2006 |
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A six-month driving ban for the accused commuter-omnibus driver was unlawful; statute requires a minimum two-year prohibition.
Road Traffic Act s52(4) (as amended) — mandatory minimum two-year driving prohibition for offences involving commuter omnibuses or heavy vehicles; criminal review — unlawful/invalid sentence; sentencing discretion limited by statutory minima; deterrence in sentencing for public transport drivers.
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6 March 2006 |
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Accused's actions indicated attempted murder; arson charge was incompetent and review certificate was withheld.
Criminal law — arson v attempted murder; mens rea for murder where accused ensured occupants asleep before setting fire; trial court's inherent power to prevent State proceeding on lesser charge; review — certificate withheld.
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6 March 2006 |
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Default judgment awarding damages for assault and defamation; court assessed appropriate quantum for injury and reputational harm.
Civil procedure – Default judgment; Delict – Assault: assessment of general damages for pain, suffering and injury to feelings; Delict – Defamation: publication, falsity and damages; Interest on decretal sum; Consideration of comparative awards and currency depreciation
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1 March 2006 |
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Default judgment awarding $10,000,000 for assault and $15,000,000 for defamation where respondents failed to defend.
Civil procedure – Default judgment where respondents do not defend – assessment of quantum only
Damages – General damages for assault and injury to feelings – public assault and humiliation
Defamation – serious imputations published to neighbours and family; liability where allegation unproven
Assessment – reliance on comparable cases and adjustment for currency depreciation. Interest on judgment at prescribed rate from fixed date
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1 March 2006 |
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Convictions confirmed where co-accused admitted common purpose despite only one wielding the weapon.
Criminal procedure — Review of guilty plea by written statement — Joint enterprise/common purpose — s271(3) Criminal Procedure and Evidence Act — Conviction of co-accused confirmed.
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1 March 2006 |