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Citation
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Judgment date
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| October 2004 |
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Mandatory minimum sentence did not apply because the offence preceded the amendment; court substituted an appropriate sentence.
Criminal law – Stock theft – Mandatory minimum sentence – Non-retrospectivity of statutes – Sentencing on review – Substitution of sentence – Mitigating and aggravating factors.
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28 October 2004 |
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Applicant awarded significant matrimonial property share, custody and child maintenance; conduct not used to penalise either party.
Divorce — irretrievable breakdown; Division of matrimonial property under s7 Matrimonial Causes Act; relevance of conduct to property and maintenance orders; custody and child maintenance; attempted transfers to trust during pending proceedings
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26 October 2004 |
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High Court refuses urgent review of magistrate's finding applicants were public officials, ruling decision not grossly unreasonable.
Criminal procedure — High Court s 29 review powers — Intervention in pending magistrates' court proceedings; Urgency — requirements and evidentiary value of certificate of urgency; Administrative law — review on ground of gross unreasonableness; Statutory interpretation — meaning of "statutory body"/"public official" under Prevention of Corruption Act
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24 October 2004 |
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State failed to prove incitement or conspiracy to commit treason; key private witnesses were suspect and accused acquitted.
High treason — incitement vs conspiracy; admissibility and probative value of poor-quality audio/video recordings; credibility of interested witnesses (private consultants); prosecution disclosure obligations; prejudice from mid-trial amendment of charge.
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14 October 2004 |
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After transfer, a sale in execution can only be impeached for fraud, bad faith, or purchaser’s prior knowledge.
Sale in execution — procedural stages — r359/r360 — challenge before confirmation, after confirmation, after transfer; review vs common-law relief; protection of innocent purchaser — grounds to impeach title: fraud, bad faith, prior knowledge; condonation for late review proceedings
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12 October 2004 |
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Magistrate erred by imposing a single custodial sentence where one count (statutory) permitted only a fine.
Sentencing — globular sentence — when appropriate; sentencing limits under s271(2)(a) Criminal Procedure and Evidence Act; statutory offence with prescribed fines vs common‑law offence; review for misdirection in sentencing.
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12 October 2004 |
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Driver found solely negligent for overtaking a stationary bus and striking a pedestrian; damages awarded, acquittal not binding.
Delict — pedestrian struck while crossing road; overtaking stationary bus; negligence of driver; sudden emergency defence rejected; criminal acquittal not binding in civil proceedings; recoverability of medical expenses advanced as loan; duty to stop and render assistance.
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12 October 2004 |
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Just-and-equitable winding up refused; applicant failed to show no alternative remedies and company remained viable.
Companies Act s206(g) – just and equitable winding up – minority shareholder dispute – allegations of mismanagement and unlawful dividends – alternative remedies and balance of interests – provisional liquidation refused
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5 October 2004 |
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A respondent cannot unilaterally convert a contractually agreed US dollar debt into local currency; creditor may enforce in US dollars.
Contract — Foreign-currency obligation — Repayment denominated in US dollars — Debtor cannot unilaterally substitute local currency — Judgment in foreign currency appropriate to avoid devaluation — Conversion at prevailing auction rate if US dollars unrecoverable — No collection commission alongside legal costs
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5 October 2004 |
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Court held the truck remained plaintiff's property, cancelled the alleged pledge/lease and ordered its return with costs.
Property/Ownership dispute – Sale versus security (pledge/lease) – Credibility of witnesses – Cancellation of ineffective pledge/lease – Order for return of property and costs
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5 October 2004 |
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Delay and reliance on unrelated judgment defeated urgency; applications to be treated as ordinary matters.
Civil procedure — Urgent application — Requirement that matter cannot wait — Delay and reliance on unrelated pending judgment — Fishing expedition — Abuse of urgency procedure
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5 October 2004 |