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Citation
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Judgment date
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| March 2006 |
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A special plea to refer proceedings to arbitration is premature unless a dispute appears from the pleadings.
Civil procedure – arbitration clause – stay of proceedings – requirement that a dispute be apparent ex facie the pleadings before referral to arbitration; premature special plea dismissed.
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28 March 2006 |
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The High Court's jurisdiction over labour disputes was ousted by the Labour Relations Amendment Act.
Labour law — Jurisdiction — Labour Relations Amendment Act 17/2002 (s 89(6)) ousting High Court jurisdiction — Procedural statutes and non‑retrospectivity — Savings clause (s 47(5)).
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28 March 2006 |
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Magistrate lacked statutory authority to summarily convict for contempt at an ungazetted roadside location.
Criminal law – Contempt in facie curiae – Requirement of a court sitting – Limits of magistrate’s summary powers under Magistrates Court Act s71(1)(a) – Arrest powers under Criminal Procedure and Evidence Act s24 do not permit summary trial and sentencing.
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22 March 2006 |
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Transfer to a later purchaser who had notice of a prior sale was set aside; plaintiffs granted specific performance and costs.
Property law – double sale – notice/knowledge of prior sale – purchaser with notice cannot acquire indefeasible title; specific performance and setting aside registered transfer; special equities and balance of convenience; Deeds Registry Act s 8(1) – court’s power to cancel registered deed; counterclaim for eviction dismissed.
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21 March 2006 |
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HOA created a partnership; defendant breached duties of good faith and plaintiff awarded US$7.4m plus US interest.
Contract/Heads of Agreement – Partnership/joint venture by essentials – clauses 2.3, 3.5, 9 and 11; Duty of good faith/uberrima fides between partners; Breach during restraint period and continuing mandate for unfinished partnership business; Damages in foreign currency (US$) and interest at US rates; Costs.
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21 March 2006 |
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Applicant’s review of magistrate’s imprisonment dismissed: no appeal was pending; review was wrong procedure; application dismissed.
Criminal procedure — enforcement of sentence — bail pending appeal — existence of notice of appeal; Jurisdiction — magistrate’s power to hold inquiry when an application to revive or deem an appeal pending is before the High Court; Lis pendens — discretionary stay only; Civil procedure — review versus appeal — challenge to discretionary exercise is appealable, not reviewable.
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19 March 2006 |
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A review court withheld confirmation of an unduly lenient sentence for a brazen daylight robbery, deeming it inadequate.
Criminal law – Robbery – Sentence adequacy – Deterrent sentencing for daylight, premeditated robbery – Review – Withholding certificate of confirmation – Authorities: S v Mudondo; Michael Chikanya v S.
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16 March 2006 |
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Qualified privilege for internal disciplinary remarks is defeated by bad faith, entitling the plaintiff to defamation damages.
Defamation — internal disciplinary charge sheet — qualified privilege established by duty/interest but defeated by defendant's bad faith/malice — publication defamatory — assessment of damages.
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14 March 2006 |
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Constitutional amendment did not invalidate prior s5/s8 acquisition orders; applicants’ occupation became unlawful and interdict refused.
Land acquisition – s5(1) notice and s8(1) acquisition order – immediate vesting of ownership – statutory 45/90 day notice periods – Constitutional Amendment No.17/2005 does not annul valid pre-existing acquisition orders – interim interdict refused.
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14 March 2006 |
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Extreme provocation reduced murder to culpable homicide; accused’s self‑defence rejected; three‑year sentence suspended.
Criminal law – Murder v culpable homicide – extreme provocation as ground for reduction; self-defence rejected where accused was aggressor; intention and foresight from stabbing chest; sentencing – suspended sentence where mitigation strong.
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14 March 2006 |
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The respondents' detention of the applicants beyond 48 hours and denial of counsel were declared unlawful.
Constitutional law – personal liberty s13 – detention beyond 48 hours – requirement to produce warrants for further detention – right of access to legal representation s13(3) – unlawful interrogation contrary to court order – mandament van spolie (return of seized property) – costs on legal practitioner and client scale.
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13 March 2006 |
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Specification under the Prevention of Corruption Act does not empower a liquidator-investigator to retain property attached in execution.
Execution – attachment creates a judicial mortgage (pignus judicale); specification under Prevention of Corruption Act does not suspend execution; liquidator/investigator has no inherent power to retain property attached in execution; excessive contractual interest claim dismissed.
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7 March 2006 |
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Unlawful extended detention entitled the applicant to costs, including attorney-and-client scale, against the respondents.
Criminal procedure — detention beyond statutory 48 hours — unlawful detention; validity of warrant to extend detention; urgent application for release; costs — legal practitioner and client scale — punitive costs for contemptuous disregard of rights.
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7 March 2006 |
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Magistrates lacked jurisdiction to impose fines above ordinary monetary limits under the Gold Trade Act; prohibition is automatic.
Criminal law – Gold Trade Act s3(3) – interpretation of penalty provision – relation to magistrates’ ordinary monetary jurisdiction (Magistrates Court Act s50) – automatic prohibition under s30(3) – forfeiture – substitution of excessive sentences – refund of excess fines.
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7 March 2006 |
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Whether presentment on maturity is required for promissory NCDs and whether prior judgment bars re-litigation.
Bills of Exchange Act – promissory notes/negotiable certificates of deposit – presentment for payment – s92, s93(1), s44, s95 – place of payment in body of note – res judicata – exceptive procedure.
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7 March 2006 |
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An appeal is valid even absent prior written reasons; stay of execution granted to prevent irreparable harm pending appeal.
Civil procedure — Stay of execution pending appeal; appeal validity where reasons not yet furnished — absence of reasons does not invalidate appeal; magistrate obliged to furnish reasons once appeal noted.
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5 March 2006 |