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Citation
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Judgment date
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| July 2015 |
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Agent’s general power of attorney established authority; utility payments did not discharge rent and non-payment justified eviction and costs.
Agency – validity of appointment by general power of attorney; Lease law – payment must be made to creditor or authorised agent; Utility payments do not discharge rent absent contractual provision; Statutory tenancy lost by non-payment; Eviction for material breach; Costs on attorney–client scale.
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30 July 2015 |
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Whether the trial court complied with statutory inquiry requirements on an expired heavy-vehicle licence and correctly applied mandatory sentences and prohibitions.
Road Traffic Act (s6(1),(5),(6); s52(4)(a); s88A) — driving heavy vehicle without appropriate licence — mandatory minimum imprisonment and driving prohibition — requirement to inquire into expired licence and special reasons — sentencing discretion and manifest excess.
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30 July 2015 |
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Whether accused acted in common purpose and foresaw death, given conflicting testimony and corroborative lies.
Criminal law — Murder — Constructive (legal) intention — Doctrine of common purpose — Credibility of witnesses — Corroboration by accused's lies and confirmed warned and cautioned statements — Post-mortem evidence of blunt force head injury.
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30 July 2015 |
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Rescission refused where dismissal for want of prosecution was proper; applicants penalised for dilatory conduct.
Civil procedure — Rescission of judgment (Order 49 r 449) — prerequisites: erroneously granted, absence of affected party, rights affected — failure to prosecute — dilatoriness — punitive costs (attorney and client)
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29 July 2015 |
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Parent’s challenge to private school's failure to supply textbooks dismissed; court will not rewrite private contractual terms.
Education law - Private school contracts - Implied/tacit terms - Locus standi of parent - Court reluctance to rewrite private contracts - Right to education does not compel private schools to supply textbooks.
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29 July 2015 |
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Payment of utilities does not discharge rental obligations; appeal dismissed as bad‑faith delay, costs on attorney‑and‑client scale.
Lease/landlord & tenant – non‑payment of rent – utilities not a set‑off against rent – tenant must pay fair rent pending dispute – eviction – appeal dismissed as abuse of process – punitive costs.
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29 July 2015 |
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Failure to explain delay and show prospects of success warranted refusal of condonation and dismissal with costs.
Civil procedure – Condonation for late filing of rescission application – Adequacy of explanation for delay – Alleged lack of funds – Prospects of success/Bona fide defence – Partial delivery of goods and defects – Refusal of condonation; dismissal with costs.
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28 July 2015 |
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First buyer entitled to transfer where subsequent purchaser had notice of prior sale; specific performance granted.
Property law – double sale – first buyer’s right to specific performance against a subsequent purchaser with notice; Equity – balance of equities – special circumstances required to deny specific performance; Transfer of immovable property – purchaser with notice not an innocent purchaser; Interdict – protection of peaceful occupation.
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23 July 2015 |
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Contempt application dismissed as barred by pending proceedings and prior judgment; applicant ordered to pay costs.
Contempt of court — lis alibi pendens (lis pendens) — res judicata — abuse of process — dismissal and costs.
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22 July 2015 |
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Accused convicted of culpable homicide for fatal domestic assault; sentenced to an effective three years imprisonment.
Criminal law – culpable homicide vs murder – limited plea and agreed facts – domestic violence – sentencing: mitigation (dependants, remorse, provocation) and aggravation (serious blunt force injuries, flight, failure to render assistance).
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22 July 2015 |
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Conviction for conversion upheld but sentence altered to emphasise restitution after proven loss of US$4,390.
Criminal law — Theft/Conversion (s 113(2)(d)) — Proof of quantum of conversion — Appellate re-sentencing where proven loss less than charged — Sentencing principles: custodial sentence as last resort, restorative justice and restitution for first offenders.
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22 July 2015 |
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Bail pending trial refused for murder charge due to strength of the case, imminent trial and risk of abscondment.
Criminal law – Bail pending trial – Murder charge – Seriousness of offence and strength of State case – Risk of abscondment – Effect of defence-requested postponement on bail discretion.
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22 July 2015 |
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Limited plea reduced murder to culpable homicide; sentenced to six years, two years suspended.
Criminal law — Culpable homicide (reduction from murder by limited plea) — Agreed facts and post-mortem evidence — Sentencing: intoxication, provocation, assistance to victim, first offender; reference to S v Sibanda.
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13 July 2015 |