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Citation
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Judgment date
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| February 2007 |
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Insurer held liable where broker granted a credit facility and endorsement showed cover in force despite disputed premium non-payment.
Insurance law – policy endorsement and backdating – premium payment as condition precedent – broker's credit facility and representations – evidential weight where broker fails to file affidavit – lapse of policy contested
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28 February 2007 |
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Court ordered police to deposit identified seized gold with the Reserve Bank pending determination, finding continued police custody unnecessary.
Search and seizure — statutory authority required — Criminal Procedure and Evidence Act s49; Gold Trade Act s29(C), s30 — seizure pending forfeiture — identification and documentation of seized property — interim relief in respect of high-value commercial property — urgency
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28 February 2007 |
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Appeal dismissed: ownership and mens rea proved, credibility findings upheld, sentence within trial court’s discretion.
Criminal law – Theft by conversion – Proof of ownership and mens rea – Deference to trial court credibility findings – Unrepresented accused adopting defence outline – Sentencing discretion and appellate interference.
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28 February 2007 |
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Agent negligent for failing to verify consignment identity and weight; liable for loss and plaintiff awarded relief as claimed.
Agency law – agent’s duty of care and diligence – breach of contractual and fiduciary duties by failing to verify consignment identity and mass – negligence – liability for loss of goods.
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21 February 2007 |
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Applicant entitled to a statement of earnings; employer bound by contract and s125 LRA to render accounts; retired directors not personally liable.
Labour law – duty to account – statement of earnings and benefits; contract of employment continues after order declaring termination void; statutory duty to keep and produce records (s125 LRA); High Court Act s14 – declaratory relief; personal liability of retired directors.
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14 February 2007 |
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Labour Court has exclusive first-instance jurisdiction over labour-related reviews; High Court declined jurisdiction.
Labour Act s89(6) – Exclusive first-instance jurisdiction of Labour Court; s89(1)(d1) – Labour Court’s review powers equivalent to High Court; High Court declines jurisdiction in labour-related review; referral to Labour Court; costs awarded against applicant.
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14 February 2007 |
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High Court lacks first-instance jurisdiction over disputes under the Labour Act; such matters belong before the Labour Court.
Labour law — Jurisdiction — Labour Court's exclusive first-instance jurisdiction under s89(6) — Registration of labour/arbitration orders for execution in High Court does not confer substantive jurisdiction — Challenges to arbitration awards to be heard by Labour Court.
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14 February 2007 |
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Appellate court reduced an excessive sentence for multiple theft counts, stressing guilty plea and first-offender mitigation.
Criminal law – Sentencing – Multiple counts and aggregate (globular) sentence – Weight of guilty plea and first-offender status – Appellate interference where sentence is manifestly excessive – Suspension of sentence conditioned on restitution and good behaviour.
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14 February 2007 |
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Contradictory eyewitness identification and unreliable circumstantial evidence made conviction unsafe; accused acquitted.
Criminal law – Circumstantial and identification evidence – Credibility of eyewitnesses – Contradictory testimony – Benefit of doubt – Acquittal where state fails to prove guilt beyond reasonable doubt
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8 February 2007 |
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Late challenges to the locus standi of company representatives dismissed where parties had previously treated them as representatives.
Civil procedure – points in limine – locus standi of company representatives – requirement to aver and exhibit authority – exception where opposing party has previously accepted the deponent as representative in related proceedings – late challenges dismissed.
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7 February 2007 |
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Default judgment set aside where Notice to Discover was served before filing; rescission allowed and practitioner’s affidavit upheld.
Civil procedure – default judgment – service of process – Notice to Discover served before filing invalid; chamber applications – Order 32 Rule 242(1) requires service except in pleaded exceptions; rescission – reasonable prospects of success; legal practitioner affidavits permissible where facts within practitioner’s knowledge.
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7 February 2007 |
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Appeal dismissed: unrepresented accused received fair trial; corroborated accomplice evidence and possession supported convictions and sentences.
Criminal law – Stock theft – Accomplice evidence – Cautionary rule applied in substance – Unrepresented accused – Fair trial – Possession of recently stolen property – Sentence within discretion.
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7 February 2007 |
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Rescission denied where applicant wilfully absented himself, failed to prove a sufficient excuse or bona fide defence; appeal was the proper remedy.
Civil procedure – Rescission of judgment – Wilful default by absent litigant – Sufficiency of medical evidence as excuse – Bona fide defence requirement – Appeal as appropriate remedy
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1 February 2007 |
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Whether a transferee who knew of a prior purchaser's title can be treated as an innocent purchaser and whether punitive costs are appropriate.
Property law — Agreement of sale — Validity and proof of payment; Purchaser in good faith — innocent purchaser doctrine; Transfer of immovable property — effect of purchaser's knowledge of prior title; Evidence — signature comparison, payment receipts, correspondence; Costs — punitive costs for dishonest or reckless conduct.
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1 February 2007 |