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Citation
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Judgment date
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| 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 |
| February 2006 |
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Plaintiffs lost title on lawful acquisition; A1 settlers lawfully occupy and plaintiffs' ejectment claim dismissed with costs.
Land Acquisition Act — acquisition order (s8) vests title in acquiring authority; preliminary notice (s5) and confirmation (s7); A1 resettlement allocations and letters of allocation; locus standi to seek ejectment; need to formalise tenure records
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28 February 2006 |
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Employer of Defence Forces remains vicariously liable for soldiers’ assaults, notwithstanding secondment to police under POSA.
Delict — Assault by Defence Forces — vicarious liability of employer — secondment under s37 Public Order and Security Act — statutory interpretation does not transfer employer’s vicarious liability — assessment of general damages for fractured ulna
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28 February 2006 |
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Alleged oral assurance to buy municipal land failed because no contract existed and statutory sale procedures were complied with.
Urban Councils Act – Part X disposals – statutory publication and 21‑day objection period; Contract of sale – essentials (merx, praetum, exchange); Oral assurances v statutory procedure; Innocent purchaser protection; Legitimate expectation rejected where statutory requirements prevail
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21 February 2006 |
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A trust is not a juristic person and cannot be defamed; unsigned letter on letterhead does not establish defendant liability.
Defamation — capacity to sue — trust not a juristic person — unsigned letter on letterhead insufficient to prove authorisation — trustees may sue for reputational injury — procedural use of association name does not confer personality
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21 February 2006 |
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Whether post-separation assets funded from matrimonial/company proceeds form part of the matrimonial estate and how assets and maintenance should be divided.
Family law — divorce for irretrievable breakdown; matrimonial property — assets acquired after separation; tracing proceeds of matrimonial estate; corporate personality and spouse shareholders; division percentages; spousal maintenance quantum
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21 February 2006 |
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Unauthorised sale of stands and non-payment breached the agreement; notice was valid and cancellation was justified.
Contract law – Agreement of sale – Buyer’s non-payment and unauthorised sale of subdivided stands – Validity of notice under domicilium clause – Cancellation for breach; urgent chamber application dismissed
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16 February 2006 |
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Suspension without pay and inflationary loss do not, by themselves, justify urgent High Court relief.
Administrative law — Suspension of local government official — Withdrawal of salary/benefits — Urban Councils Act lacks power to withhold emoluments; Civil procedure — Urgency — Monetary prejudice and inflation insufficient per se to justify urgent relief; Appropriate forum — Labour disputes ordinarily for Labour Court.
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15 February 2006 |
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Dispute over return of employer vehicle following dismissal falls within Labour Court’s exclusive first-instance jurisdiction; High Court application dismissed.
Labour law — Jurisdiction — Exclusive first-instance jurisdiction of Labour Court under s 89(1)(a) and s 89(6) of the Labour Act — Return of employer property arising from disputed dismissal — Effect of noting appeal to Labour Court to be determined by Labour Court
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14 February 2006 |
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Executors must secure and collect estate assets, but joint executors must act jointly; distribution awaits will determination.
Administration of estates – duties of executors (ss 38, 42, 43) – joint executors must act jointly – one co-executor cannot act alone or institute proceedings without co-executor’s consent – review/appeal does not suspend executor appointments – interim restraint on distribution pending will determination.
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14 February 2006 |
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Divorce granted for irretrievable breakdown; equal division of property and 50% award of business shares, custody to mother.
Family law – Divorce – Irretrievable breakdown as sole ground for divorce – judicial separation not appropriate; Child custody – award to mother by agreement – maintenance contribution and shared schooling/medical costs; Access – unsupervised access for non‑custodian parent where no risk proven; Matrimonial property – asset acquired pre‑marriage but paid during marriage forms part of joint estate unless excluded by inheritance/custom/donation proven; Equal division and equalisation payments; Business shareholdings – award of 50% of spouse’s shares with valuation; Costs – each party to bear own costs
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8 February 2006 |
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Decision denying registration set aside for chairperson's perceived bias; application to be reconsidered de novo.
Administrative law – Judicial review – Perceived bias by tribunal chairperson – Issue estoppel from superior court finding – Review and setting aside of decision; Procedural compliance – leave required for supplementary affidavits; Lis pendens/exhaustion of domestic remedies does not automatically oust High Court jurisdiction; Reconsideration de novo ordered
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7 February 2006 |
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Adultery proved by messages and testimony; plaintiff awarded contumelia damages of $100 million, not loss of consortium.
Family law – Adultery – proof by direct and circumstantial evidence (messages and witness testimony); damages for contumelia awarded; loss of consortium precluded where adultery was condoned; assessment of quantum with regard to aggravating conduct and inflation.
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7 February 2006 |
| January 2006 |
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An appeal against an interdict suspends the order; the applicant's failure to file a draft order was fatal.
Civil procedure — Appeal against grant of interdict — s43(2)(d)(ii) High Court Act — appeal lies without leave and suspends order; Chambers applications — failure to file draft order — non-compliance with Rule 227(3) — dismissal
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23 January 2006 |
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Whether a triangle-based corporate logo infringes a registered triangle device trade mark by causing confusion to the average consumer.
Trade marks – infringement – section 8(1)(a) – likelihood of deception or confusion – ordinary average consumer test – scope of monopoly over geometric design concepts
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16 January 2006 |
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12 January 2006 |
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Bail pending appeal refused where prospects of success were weak and risk of abscondment, despite some sentencing misdirection for two applicants.
Criminal procedure — Bail pending appeal — Applicants must show reasonable prospects of success and tip balance in their favour; Official Secrets Act — acceptance of guilty pleas and alteration of plea; Attorney-General’s authorisation (s11) — non-compliance not automatically fatal if no prejudice; Sentencing — failure to assess prejudice may vitiate sentence.
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11 January 2006 |
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Whether a judge’s personal approaches to colleagues amounted to incitement to statutory corruption (passport release).
Criminal law — Incitement (s 360(2)(b) CPA) — Statutory corruption (s 4(a) Prevention of Corruption Act) — No requirement of offered benefit — Presumption under s 15(2)(e) — Reliability and admissibility of poor-quality taped conversation — Discharge at close of State case — Evaluation of probabilities and credibility.
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9 January 2006 |
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Amendment to substitute unrelated defendant refused; plaintiff failed to prove owner liability under the pauparian action.
Pauparian action – liability for damage by domesticated animal – requirement that animal acted contra naturam sui generis – reaction to external stimuli excludes liability; amendment/substitution of defendant – incompetency and prejudice to non-participating third party; volenti/assumption of risk – experienced rider and disclaimer.
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2 January 2006 |
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Amendment to substitute the correct defendant was refused; plaintiff failed to prove pauperian liability as the horse was spooked and risk was assumed.
Delict — Pauperian action — liability for damage caused by domesticated animal — requirement that animal act contra naturam sui generis — reaction to external stimuli — volenti non fit injuria/assumption of risk — amendment/substitution of defendant prejudicial where proper party not joined.
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2 January 2006 |