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Citation
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Judgment date
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| May 2007 |
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Conviction quashed where contradictory evidence, unrebutted alibi and prosecution concession rendered conviction unsafe.
Criminal law – sexual offences – standard of proof beyond reasonable doubt – abandonment of cautionary rule does not relax proof – credibility and contradictions in complainant’s and police evidence – failure to investigate/rebut alibi – appellate intervention to quash unsafe conviction.
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30 May 2007 |
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Applicant lacked a cause of action; seized ivory was raw and return/process order was refused due to legal and regulatory constraints.
Criminal procedure – disposal of exhibits – s59(1)(a) CP&E Act confers discretion on investigating officer, not a private right; Wildlife regulations – definition of "raw" vs "manufactured" ivory; Contract illegality – par delictum exceptions inapplicable where respondent not equally at fault; CITES compliance considerations.
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30 May 2007 |
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Summary judgment refused where sale of securities reduced indebtedness, creating a bona fide triable issue.
Civil procedure – Summary judgment – Extraordinary remedy; defendant need only raise bona fide triable issue – Acknowledgement of debt and solicitor's letter insufficient where disposals of securities reduced debt – Failure to amend summons to reflect reduced indebtedness – Stock Exchange Act s57 alleged contravention (triable issue)
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29 May 2007 |
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Magistrates must justify applying general law, plead a recognised cause, and verify jurisdiction when dividing assets of unregistered customary unions.
Customary law – Unregistered customary union – Distribution of movable assets – Matrimonial Causes Act s7 inapplicable – Choice of law under Customary Law and Local Courts Act s3 – Need to plead recognised cause (unjust enrichment, tacit universal partnership, joint ownership) – Magistrates' court monetary jurisdiction – Hearsay evidence inadmissible
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28 May 2007 |
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Rescission refused: company failed to show "alter ego" exception or to plead good cause to set aside default judgment.
Civil procedure – rescission of default judgment – High Court Rules r 449(1)(a) and r 63 – company representation in superior courts – common law rule requiring legal practitioner except in narrow "alter ego" exception (Lee Import & Export v Zimbank) – requirements for rescission (good and sufficient cause).
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23 May 2007 |
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Appellate court set aside speculative bail refusal where magistrate failed to show cognisable risk of abscondment; bail granted by consent.
Bail — onus on accused to justify bail; Abscondment — cognisable indications required; Section 117 CPE Act — factors including efficacy/enforceability of bail conditions; Magistrate's duty to assess strength of State's case versus defence; Speculation insufficient to refuse bail.
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23 May 2007 |
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Applicant's claim for specific performance barred for failure to exhaust Cooperative Societies Act remedies and illegality under s80.
Co-operative Societies Act s115 – mandatory domestic remedies and referral to Registrar; High Court discretion to withhold jurisdiction where statutory remedies not exhausted; s80 – prohibition on disposal of society property without Registrar approval; illegality renders contract void; specific performance barred.
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22 May 2007 |
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In Aquilian claims, fault must be expressly pleaded; alleging wrongful use alone is insufficient to state a cause of action.
Delict — Aquilian action — distinction between wrongfulness and fault — fault (dolus or culpa) must be specifically pleaded and proved — res ipsa loquitur does not obviate pleading duty — exceptions where liability without fault arises (animals, nuisance, vicarious/strict liability).
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21 May 2007 |
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Court refused to deem applicant registered under AIPPA, holding courts should not usurp administrative licensing functions.
Administrative law — judicial review versus usurpation of administrative functions; AIPPA registration and licensing; perceived bias of administrative tribunal; appropriate remedies under the Administrative Justice Act; criteria for court to assume administrative decision‑making (foregone conclusion, undue prejudice, manifest bias, court equally placed)
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8 May 2007 |
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Whether a judge’s handwritten notes and unrelated documents must be included in an appeal record under Rule 15(9).
Civil procedure – Appeal record – Rule 15(9) and Rule 15(8) – Registrar’s discretion to exclude irrelevant documents – Judge’s handwritten notes – Distinction between trial records and application proceedings – Rectification and transcription requests
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8 May 2007 |
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The applicant’s declaratory challenges based on non‑incorporated SADC guidelines and factual electoral complaints were dismissed as academic and unfounded.
Constitutional and administrative law – SADC Principles as non‑incorporated regional guidelines – not directly enforceable domestically; legitimate expectation cannot convert non‑incorporated treaty provisions into enforceable domestic rights; delimitation decisions reviewable only on recognised grounds (illegality, irrationality, procedural impropriety); declaratory relief requires assertion of concrete legal rights, interested parties, and public‑policy justification.
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8 May 2007 |