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Citation
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Judgment date
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| November 2011 |
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Whether a withdrawal provision authorises destruction of defective medical gloves; court holds no implied power to destroy.
Administrative law – statutory interpretation – whether a withdrawal power authorises destruction of goods – implied powers to be narrowly construed; derogation of rights requires express legislative authority
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14 November 2011 |
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Cession of Special Grant for diamonds requires a bilateral agreement, Secretary's written consent and Ministerial permission; Board's approval was void.
Mining law – Special Grant – Clause 14 and s 282 – Cession of rights in respect of precious stones requires a bilateral agreement, written consent of the Secretary and Ministerial permission – Mining Affairs Board lacked power to effect cession – decision nullity
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13 November 2011 |
| October 2011 |
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A third party cannot raise prescription for a defaulting party; Deputy Sheriff's return prima facie proves service absent rebuttal.
Civil procedure – service of process – Deputy Sheriff's return prima facie evidence of service; default judgment – failure to enter appearance; prescription – who may raise defence; competence of third party to plead prescription; misdirection on commencement of prescription
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10 October 2011 |
| September 2011 |
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Labour Court lacked jurisdiction where retrenchment was approved by the Retrenchment Board and s 93 arbitration prerequisites were not pleaded.
Labour Court jurisdiction — retrenchment — effect of parties' agreement and Retrenchment Board approval (s 12C) — compulsory arbitration and procedural prerequisites to approach Labour Court (s 93) — certificate of no settlement — failure to plead statutory basis — absence of jurisdiction
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26 September 2011 |
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Whether a confirmed liquidation account bars the applicant’s claim for shares and precludes personal liability of the liquidator.
Companies Act ss 279–284 — liquidator’s account — confirmation by Master operates as final sentence — confirmed distribution plan binds creditors — claims to specific assets after confirmation barred unless account re-opened — s 221 compromise powers limited — equitable estoppel not a standalone cause — personal liability of liquidator requires fraud or improper conduct
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14 September 2011 |
| May 2011 |
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Applicant restored to premises and sale in execution prohibited pending appeal because execution required magistrate's leave under s 40(3).
Magistrates' Courts Act s 40(3) – stay or execution pending appeal – discretion vested in magistrate – application required; Noting of appeal – does not automatically suspend magistrate's judgment; Extant erroneous magistrate rulings bar execution until set aside; Superior courts' inherent jurisdiction – cannot bypass statutory procedure for magistrates' courts; Interim relief – restoration to occupation and prohibition on sale in execution pending appeal
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30 May 2011 |
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Whether available medical evidence suffices to avoid absolution and permit a conservative award of general damages.
Delict — assessment of damages for personal injury; absolution from the instance; sufficiency of medical evidence for estimating non‑pecuniary loss; quantification of future medical expenses; patrimonial loss and principle of currency nominalism; effect of hyperinflation and SI 6/2009 on monetary claims; remittal for assessment
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23 May 2011 |
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Court upheld increased child maintenance where the appellant failed to disclose income and lifestyle supported adverse inferences.
Family law – variation of child maintenance – discretion to vary maintenance – failure to disclose income – drawing adverse inferences from lifestyle and conduct – assessment of means.
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15 May 2011 |
| March 2011 |
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Whether the Supreme Court may determine and quash unfinished Labour Court proceedings after the presiding President's death.
Labour Court — Death of presiding judge during proceedings — Statutory silence in Labour Act — Jurisdiction of Supreme Court — Whether Supreme Court may quash unfinished Labour Court proceedings — Full bench required
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30 March 2011 |
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Whether leave to appeal under s 92F should be decided by a full Supreme Court panel when the presiding President is unavailable.
Labour Act s 92F – Appeals from Labour Court on question of law – Who may grant or refuse leave to appeal when presiding President unavailable – Requirement for full court determination – procedure for arguing leave and merits; supplementation of heads of argument
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15 March 2011 |
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Leave to appeal refused where State failed to prove email authenticity and had no admissible evidence linking the accused.
Criminal procedure — s198(3) mandatory discharge where no evidence; s259 — confession of one person inadmissible against another; electronic evidence — State bears onus to prove origin/authenticity of e-mails; expert computer evidence — factual basis and reliability required; circumstantial evidence — cumulative probative value required for a prima facie case
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9 March 2011 |
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Whether displaying marked ballots before depositing them invalidates a secret‑ballot Speaker election and vitiates the result.
Constitutional and parliamentary law – s 39(2) Constitution and Standing Order 6 – election of Speaker by secret ballot – effect of display of marked ballots before deposit – peremptory prescription, invalid votes and nullification versus substantial compliance and discounting of votes
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9 March 2011 |
| February 2011 |
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Application for condonation for late appeal dismissed due to undue delay, unreasonable explanation, admissions defeating prospects of success.
Appeal out of time — condonation — delay and reasonableness of explanation — prospects of success assessed against admissions in correspondence — abuse of court process — costs on legal practitioner and client scale
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22 February 2011 |
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Application to reinstate a lapsed appeal dismissed for unexplained three-year delay and lack of prospects of success.
Civil procedure — Reinstatement of lapsed appeal — unexplained delay — insufficiency of hearsay affidavits — applicant and practitioner responsibility — absence of prospects of success — prejudice to respondents.
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15 February 2011 |
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Possession of dangerous weapons without ministerial authority is unlawful; intent to hand them to police does not excuse the offence.
Criminal law – Possession of dangerous weapons – s 13(1) Public Order and Security Act – necessity of prior ministerial authority; intent to hand to police not a defence; general arms-dealer licence not a substitute authority; sentencing — mitigation v aggravation; appellate deference to trial court discretion
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10 February 2011 |