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Citation
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Judgment date
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| May 2006 |
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Convicting on a lesser charge while the accused pleads guilty to a more serious offence is a misdirection; certificate withheld.
Criminal law — Plea of guilty — Conviction on a lesser charge despite plea admitting a more serious offence — Misdirection and miscarriage of justice — Referral to High Court under High Court Act ss 25, 27, 29 — Withholding of certificate of correctness.
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31 May 2006 |
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Court found plaintiff assaulted by army members on patrol and awarded damages against the Minister of Defence.
Use of military forces on joint patrols – identification of assailants – credibility and probability assessment – state liability for actions of defence forces; medical evidence corroborating assault.
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30 May 2006 |
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Conviction quashed for failure to explain and record essential elements and improper admission of medical report; matter remitted for trial de novo.
Criminal procedure – plea and admissions under s271 – necessity to explain and record charge and essential elements to unrepresented accused; production and admission of medical reports – notice and record; retrospective validation of magistrates' jurisdiction by statute.
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30 May 2006 |
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Represented accused are excluded from automatic review; late or absent statutory request for review is fatal, and the sentence was within discretion.
Criminal procedure – Automatic review – Exclusion where accused is represented by legal practitioner – Requirement that legal practitioner request review from Clerk of Court within three days – High Court review under section 29(4) where proceedings not in accordance with real and substantial justice – Sentencing discretion and recidivism.
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29 May 2006 |
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Accused convicted of murder based on credible eyewitness identification and ballistic evidence; duress defence rejected.
Criminal law – Murder – Eyewitness identification and credibility – Ballistics linking spent cartridges to accused’s rifle – Rejection of duress/coercion defence – Hearsay on provenance of weapon disregarded.
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28 May 2006 |
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Three‑month statutory time limit under the Arbitration Act to set aside an award is not extendable; condonation refused.
Arbitration Act (Model Law) — article 34(3) — three‑month time limit to set aside award non‑extendable; court rules and inherent jurisdiction cannot grant condonation; finality and international uniformity; delay and lack of bona fide defence fatal to condonation.
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23 May 2006 |
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Whether settlers under section 8 were entitled to sugarcane proceeds while those orders remained in force.
Interpleader; Land Acquisition Act s8 — immediate vesting of ownership in acquiring authority; entitlement to crop proceeds during subsistence of s8; effect of nullification/withdrawal/suspension of s8; representation by settlers' association; costs allocation.
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23 May 2006 |
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Economic necessity and public benefit constituted "special reasons" to reduce the mandatory exchange-control fine.
Exchange Control – Purchase of foreign currency from unauthorised dealers – "Special reasons in the particular case" – Wider approach including offender, offence and societal interests – Necessity/economic survival as mitigating special reasons – Sentencing: appellate intervention, counts treated as one.
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23 May 2006 |
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The respondents liable for excessive force during a peaceful strike causing applicant's loss of support.
[Public Order and Security Act] – Use of force – Excessive force by police/army during industrial action – Circumstantial evidence – Non-appearance of key witness undermining defence – Damages for loss of support.
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16 May 2006 |
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Renewed bail was refused where no material change occurred and possession of prescribed weaponry invoked a statutory presumption.
Bail — renewed application after prior refusal — changed circumstances — S v Stouyannides; Possession of prescribed/military weaponry — s10 Public Order and Security Act — statutory presumption and burden on accused; national security offences; expert classification of seized arms.
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16 May 2006 |
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Sale of council-allocated land without council consent and where vendor lacked title is void; occupier's rights prevail.
Property law – sale and cession of council-allocated land – requirement of prior written council consent – conditions precedent to transfer – nemo dat quod non habet – spouse in occupation – eviction – interdict – costs for reckless vendor
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10 May 2006 |
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"Supermarket" in the leases includes the trading floor and all ancillary facilities necessary for the supermarket enterprise.
Contract interpretation – meaning of “supermarket” – includes trading floor and ancillary facilities; unsigned addendum unenforceable where lease requires signed variations; contra proferentem inapplicable where parties negotiated contemporaneously and intention ascertainable from context.
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10 May 2006 |