|
Citation
|
Judgment date
|
| June 2016 |
|
|
Claimant trust failed to prove ownership of a seized vehicle; trustee lacked capacity and the vehicle was declared executable.
Civil procedure – interpleader (Order 30 R205A/Rule 207); burden on claimant to prove ownership; trusts and locus standi; trustee’s capacity to sue; registration book not proof of ownership; costs against unsuccessful claimant.
|
23 June 2016 |
|
Applicant’s eviction order confirmed; respondent held in contempt and fined for unlawfully re‑occupying property.
Civil procedure – enforcement of eviction – contempt of court for re‑entering after lawful eviction and dismissal of appeal – spoliation – sanctions (fine/default imprisonment) – sheriff and police assistance – legal practitioner misconduct/admonition.
|
23 June 2016 |
|
The Secretary lacked jurisdiction to cancel a mining registration on appeal; cancellation suspended pending review.
Mining law — Appeal from Mining Commissioner — s361 (appeal to High Court) — Secretary for Mines lacks appellate jurisdiction — s341(2) administrative correction inapplicable — Cancellation of registration void — Interim suspension pending review.
|
23 June 2016 |
|
Delayed Prosecutor-General application for leave to appeal acquittal dismissed for lack of point of law and unreasonable delay.
Criminal law — Appeal against acquittal — s61 Magistrates' Court Act — leave to appeal — timeous filing and condonation — perverse acquittal standard — distinction between points of law and factual re-evaluation.
|
23 June 2016 |
|
Appellant's conviction for soliciting a bribe upheld: police trap lawful, evidence admissible, custodial sentence appropriate.
Criminal abuse of duty – Soliciting and receiving bribe – Police 'trap' – entrapment doctrine – admissibility of evidence – Constitution s68(1) administrative fairness and s70(3) exclusionary rule – sentence for public officer corruption.
|
23 June 2016 |
|
Where the prosecution discontinues after plea, the accused is entitled to acquittal; courts may not substitute uncharged offences without evidence.
Criminal procedure — prosecutor as dominus litis — court may not substitute an uncharged offence without evidence or lawful amendment — accused entitled to acquittal where prosecution discontinues after plea — improper leading questions by magistrate amounting to miscarriage of justice.
|
23 June 2016 |
|
Appeal against rape conviction dismissed: consent was vitiated by force and the complainant was found credible.
Criminal law – Rape – Consent vitiated by force and circumstances – Credibility assessment – Appellate review for misdirection.
|
23 June 2016 |
|
Conviction for rape upheld on medical and contemporaneous evidence; sentence reduced for trial court’s failure to consider mitigation.
Criminal law – Rape – Medical evidence corroborating forced penetration – Cautionary rule in sexual offences displaced – Sentencing misdirection for ignoring mitigation – Appeal court intervention to substitute sentence.
|
23 June 2016 |
|
An ex parte provisional spoliation order obtained by material falsehood and non-disclosure was discharged and punitive costs awarded.
Spoliation — urgent/ex parte relief — duty of full disclosure — material non-disclosure and falsehood — provisional/interim order left unfinalised — provisional order discharged — punitive costs (legal practitioner and client).
|
23 June 2016 |
|
High Court declines jurisdiction over chieftainship appointment disputes, which must be resolved by the President under section 283.
Constitutional law – section 283 – disputes over appointment, succession and removal of traditional leaders – presidential resolution on provincial assembly recommendations – jurisdiction of courts – reviewability of selection process vs. non-justiciability of presidential appointment – gender discrimination in customary succession.
|
20 June 2016 |
|
Summary judgment granted for municipal water and rates arrears where respondent's prior admission and vague defence failed to disclose a bona fide defence.
Summary judgment — municipal rates and services arrears — prior admission of liability and payment plan — opposing affidavit must disclose bona fide defence with particularity — mere challenge to quantum, request for particulars or audit insufficient to resist summary judgment — costs on attorney-and-client scale.
|
16 June 2016 |
|
Applicant granted urgent interim interdict restoring water supply after respondents unlawfully disconnected service in alleged pursuit of arrears.
Constitutional right to water; spoliation and self-help; interim interdict; urgency; authority’s duty to seek legal remedies for arrears rather than disconnect supply.
|
16 June 2016 |
|
Whether a superintendent with less than three years in rank lawfully had jurisdiction and whether the disciplinary hearing was procedurally fair.
Police disciplinary proceedings – jurisdiction of presiding officer under s34 Police Act – uncoded Police Rules versus statutory provision – alleged bias in disciplinary hearing – right to legal representation and procedural fairness.
|
16 June 2016 |
|
Magistrates' Courts lack jurisdiction to grant declaratory orders; such relief is vested in the High Court absent a constitutional rights claim.
Declaratory relief – Jurisdiction – Magistrates’ Court lacks power to grant declaratory orders – High Court Act s14 – Constitution s85(1) enforcement of fundamental rights – requirement to plead infringement of constitutional rights – Magistrates’ Court as creature of statute – monetary jurisdiction considerations.
|
16 June 2016 |
|
Refusal to sign renewal lease and breaches justified summary judgment, eviction and attorney‑and‑client costs.
Summary judgment; repudiation by refusal to sign renewal lease; statutory tenancy and arbitration clause; non‑waiver/non‑variation clause; breach of licence conditions; attorney‑and‑client costs.
|
16 June 2016 |
|
Contractual annuity obligations survive hyperinflation; plaintiff entitled to payment in functional currency (USD) and awarded USD 13,123.67.
Retirement annuity – hyperinflation and vis major – contractual performance not discharged by commercial/economic deterioration – payment in functional currency (USD) – use of historical RBZ conversion rates to quantify loss.
|
16 June 2016 |
|
Sentencing courts must consider fines and community service before imposing imprisonment for first offenders under s36(1) Immigration Act.
Immigration Act s36(1) – sentencing: where statute permits fine or imprisonment court must consider fine; community service inquiry required; first offender; guilty plea; sentencing misdirection.
|
16 June 2016 |
|
Conviction for a fatal road collision quashed where evidence was insufficient and the appellant entitled to the benefit of the doubt.
Criminal law – Road traffic accident – Sufficiency and credibility of eyewitness evidence – Standard of proof beyond reasonable doubt – Benefit of doubt – Conviction under s 49(b) Criminal Law (Codification and Reform) Act quashed where evidence unreliable.
|
16 June 2016 |
|
High Court set aside an arbitral award for lack of proper notice and remitted the dispute for re-arbitration.
Arbitration — default by absent party — arbitrator’s powers under Article 25; functus officio principle; Labour Court rescission limited to its own orders (s92C); High Court power under Article 34 to set aside awards for lack of notice or inability to present case; remittal for re-arbitration; costs — each party to bear own costs.
|
16 June 2016 |
|
Accused found not guilty by reason of insanity and remitted for treatment under the Mental Health Act.
Criminal law — Insanity/mental disorder — Seizural disorder causing episodic violence — Special verdict under Mental Health Act s29(2) — Not guilty by reason of insanity — Custody pending transfer to special institution for treatment
|
14 June 2016 |
|
A conviction based solely on uncorroborated accomplice evidence against the applicant is unsafe and must be set aside.
Criminal law — Accomplice evidence — Cautionary rule — Need for independent corroboration — A witness cannot corroborate himself — Misdirection vitiating conviction — Appeal upheld; conviction set aside and acquittal entered.
|
13 June 2016 |
|
Accused acquitted where self-defence was reasonably established and circumstantial evidence failed to exclude other inferences.
Criminal law – Murder – Self-defence (defence of person) – Requirements under section 253 – Circumstantial evidence – R v Blom test – Evidential value of exhibit produced in terms of section 314 – Forensic examination and identification of weapon.
|
10 June 2016 |
|
Winding up granted where equal shareholder-directors’ deadlock, fabricated share documents and dishonest conduct made liquidation just and equitable.
Company law — Winding up (s206(g)) — just and equitable ground established by director-shareholder deadlock and dishonest conduct; locus standi of contributory; fabricated share documents; punitive costs for abuse of process.
|
9 June 2016 |
|
Urgency not established for spoliation application where applicant knew of Assistant Master’s edict and failed to explain delay.
Practice—Urgent applications—spoliation—urgency must exist when need to act arises; unexplained delay defeats urgency (Kuvarega principle). Master of the High Court—edicts and reports as relevant guidance on estate disputes and possession pending appointment of executors. Procedure—duty of candour in certificate of urgency; court guided but not bound by Master’s report.
|
9 June 2016 |
|
Urgent interdict against police transfers refused for procedural non‑compliance, lack of prima facie right, and absence of irreparable harm.
Administrative law — interim interdict — requirements for urgency — employer prerogative to transfer police personnel — right to written reasons under s68 and Administrative Justice Act requires request — irreparable harm absent where transfers are challengeable and reversible.
|
9 June 2016 |
|
A convicted person may be admitted to bail pending an application to reinstate an appeal under Rule 22 and s123.
Criminal procedure – Bail pending application for reinstatement/leave to note fresh appeal – Rule 22(4) Supreme Court (Magistrates' Court) (Criminal Appeals) Rules – s123(1)(b)(iii) Criminal Procedure and Evidence Act – judge’s power to grant bail.
|
9 June 2016 |
|
Contempt application dismissed for procedural non-compliance and because an appeal suspended execution; mining stay must be respected.
Contempt of court — procedure: Order 43 r 388 (High Court Rules) — urgent chamber application not permissible absent Order 32 r 226(2) exception; Appeal suspends execution of court a quo’s decision unless leave to execute pending appeal obtained; mining operations — stay pending appeal.
|
9 June 2016 |
|
Dilatory conduct and belated amendment attempts led to judgment for plaintiff with punitive attorney-client costs against the defendants.
Civil procedure – consolidation and pre-trial obligations – postponement applications – bona fides and prejudice; Pleadings – belated amendment after closure of plaintiff’s case – ambush and prejudice; Counterclaim – merits cannot be determined without evidence; Costs – punitive attorney-client scale for dilatory conduct.
|
9 June 2016 |
|
Circumstantial and admitted medical evidence, plus the accused’s inconsistent accounts, established guilt for murder; sentenced to 20 years.
Criminal law – Murder – Circumstantial evidence: means, motive and opportunity – s314 admission of prior evidence; s278 post‑mortem affidavit as prima facie proof – inconsistent accused statements – sentencing mitigation for delay, age and ill‑health.
|
8 June 2016 |
|
Summary judgment dismissed where alleged counterclaim for stolen goods created a bona fide defence despite duress allegation being rejected.
Civil procedure – summary judgment – requirements for summary judgment – bona fide defence – set-off/counterclaim – allegations of duress – when summary determination inappropriate.
|
7 June 2016 |
|
Interim ex parte relief to compel respondent assistance in executing a judgment was justified by prior resistance and risk of perverse conduct.
Civil procedure – urgent ex parte interim interdict – Order 32 Rule 242 – risk of perverse conduct and dispensing with service – enforcement assistance to Sheriff – provisional relief pending opposition or appeal.
|
3 June 2016 |
|
Court grants urgent provisional interdict against respondent’s unlawful mining encroachment, upholding prior Mining Commissioner determination.
Mines and Minerals Act – mining dispute resolution by Mining Commissioner – functus officio – binding nature of communicated determinations; Urgent chamber application – elements of temporary interdict (prima facie right, apprehension of harm, absence of adequate remedy, balance of convenience); Self-help and unlawful encroachment on mining claims; Court intervention where administrative remedy is inadequate or incapable of providing urgent relief.
|
2 June 2016 |
|
Agreed facts supported culpable homicide via common purpose; accused convicted and sentenced to eight years imprisonment.
Criminal law — culpable homicide v murder; common purpose doctrine; sentencing — balancing mitigation, aggravation and public interest in political-violence context.
|
2 June 2016 |
|
Conviction based on uncorroborated, unsatisfactory single-witness evidence and hostile witness's prior statement quashed.
Criminal law — bribery/abuse of office — inadmissibility and non-corroborative effect of prior inconsistent statements of a hostile witness — weight of single witness evidence — proof beyond reasonable doubt.
|
2 June 2016 |
|
Evidence was equipoised; conviction for crimen injuria set aside for reasonable doubt.
Crimen injuria – proof beyond reasonable doubt – evaluation of credibility – equipoise of evidence – conviction cannot follow merely from disbelief of accused; S v Makanyanga; State v Van der Merwe; Mtshweni.
|
2 June 2016 |
|
Summary judgment refused where respondent raised bona fide defence over authority to cede property and record discrepancies.
Civil procedure – Summary judgment – extraordinary remedy requiring absence of bona fide defence – cession of immovable property – authority to alienate – reliance on municipal records and existence of triable issues.
|
2 June 2016 |
|
A seceding member cannot appropriate a church's allocated stand; a lease with a splinter group is void.
Property of voluntary associations — church property — secession — seceding members have no claim to association property; misrepresentation to municipality — lease void; confirmation of provisional interdict; costs on attorney-and-client scale.
|
2 June 2016 |