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Citation
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Judgment date
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| November 2012 |
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A court may not uphold a special plea of illegality without first resolving disputed facts about the contract's existence.
Civil procedure — Special plea — Illegality under Exchange Control Act — Plea in bar dependent on disputed facts — Requirement to lead evidence and resolve factual disputes before deciding plea
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26 November 2012 |
| October 2012 |
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A claim for an agreed contractual price requires enforcement of the debt, not delictual proof of repair costs; part payments evidenced acceptance.
Contract – claim for payment of agreed price – specific performance of contractual obligation – part payments as acceptance – misapplication of delictual (actio legis aquilia) principles by trial court – currency of payment
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15 October 2012 |
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Uncontested company title and lack of evidence of alter ego or matrimonial ownership defeat wife's claim to remain in occupation.
Ejectment — uncontested title deed; application on notice of motion — opposition cannot raise new affirmative claims without counter-application; corporate veil — piercing requires evidence of sole control or façade; matrimonial property — burden to prove ownership/control by spouse; concession by counsel binding
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7 October 2012 |
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Payment of local currency under a conditional allocation did not create a binding obligation to supply scarce foreign currency.
Banking/contract law – formation of contract – conditional allocation of foreign currency – intention to create legal relations – availability as suspensive condition – past dealings and no enforceable obligation.
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1 October 2012 |
| August 2012 |
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Urgency refused and interim interdict denied: applicants failed to prove spoliation or a prima facie right to evict respondents pending appeal.
Civil procedure — Urgency of appeal — Urgent hearing depends on prospects of success; Spoliation — onus on applicant to prove dispossession on balance of probabilities; Messenger of Court’s Return of Service — prima facie proof; Interim interdict — Setlogelo requirements; Contract — Agreement of Sale must be certain (merx, price, method) to found prima facie right; Corporate law — majority cannot evict minority without company resolution.
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20 August 2012 |
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A plea admission is conclusive and bars contradicting evidence; lost profits must be proved arithmetically.
Civil Evidence Act s36 – formal admissions on record conclusive; Absolution from instance – not competent where claim admitted; Lease obligations – lessor’s duty to maintain roof/gutters; Rent abatement – must be pleaded and proved; Damages – lost profits require arithmetical proof; Expert financial evidence – necessary only if loss cannot be assessed from available evidence.
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7 August 2012 |
| July 2012 |
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Appeal dismissed: murder during rape involved actual intent; intoxication and self-defence rejected; death sentence affirmed.
Criminal law – Murder with actual intent committed during rape – Intoxication defence rejected – Self-defence unavailable – No extenuating circumstances; death sentence upheld.
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29 July 2012 |
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Diminished responsibility not established; murder with actual intent and no extenuating circumstances; appeal dismissed.
Criminal law – Murder with actual intent – Diminished responsibility – Forensic psychiatric evidence – Extenuating circumstances – Planning and motive – Sentence of death upheld.
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29 July 2012 |
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Appellant’s deliberate stabbing established actual intent; provocation/self‑defence unproven and no extenuating circumstances — appeal dismissed.
Criminal law – murder – actual intent to kill established by threats and deliberate stabbing – defences of provocation and self‑defence not proved – no extenuating circumstances – death sentence upheld.
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29 July 2012 |
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Appellants' custodial sentences for protracted public violence were upheld; appellate interference refused absent misdirection.
Criminal law — Public violence — Sentence appeal — appellate restraint unless sentence disturbingly inappropriate; aggravating factors (religious office, number/relationship of participants, protracted violence, serious injury, property damage); mitigation (first offenders, family responsibilities) considered; deterrent custodial sentence justified.
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8 July 2012 |
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Appellant’s detention upheld: supplementary affidavit admissible and immigration records showed he was out of status and deported.
Immigration law – arrest and detention under s 8(1) – status of foreign nationals and definition of prohibited person (s 14(i)) – admissibility of public documents and true copies (Civil Evidence Act s 12(2); Immigration Act s 40) – supplementation of affidavits (r 235) and condonation (r 4C) – appellate review of discretionary admissions
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4 July 2012 |
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Applicant failed to show special circumstances for extension; Labour Court's damages-in-lieu finding upheld.
Procedure — Appeal from Labour Court to Supreme Court — extension of time under s 6 — special circumstances required (delay, explanation, prospects of success, prejudice); Employment law — repudiation by securing alternative permanent employment — damages in lieu of reinstatement; Currency of award — no basis for USD award where employer paid in local currency.
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2 July 2012 |
| June 2012 |
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An employer with a registered code must use it; dismissals under the National Code are invalid where a registered code exists.
Employment law – National Employment Code of Conduct – registered workplace employment code mandatory where present – contractual terms inconsistent with statute unenforceable – dismissal null and void if not effected under registered code
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25 June 2012 |
| May 2012 |
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Personal contractual right to transfer cannot defeat a bona fide purchaser’s registered title where payment condition was not met.
Property law – personal right to transfer under agreement of sale – res litigiosa not converting personal right into proprietary vindicatory right – bona fide purchaser for value without notice – specific performance conditional on payment – loss of dominium
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20 May 2012 |
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Overseer miner’s duty to ensure post-blast safety cannot be discharged by mere delegation; failure amounted to gross negligence.
Mining law – statutory duty of miner in charge after primary blasting – s 31 S.I. 109/1990 (as amended) – delegation does not absolve responsibility – gross negligence in underground mining.
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13 May 2012 |
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Dismissal for breach of trust was justified; appellate courts should not overturn employer discretion absent misdirection.
Employment law – Misconduct undermining trust – Misconduct going to the root of employment relationship – Employer’s disciplinary discretion – Appellate interference only for misdirection; irrelevant considerations.
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7 May 2012 |
| April 2012 |
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Whether a Labour Court stay of execution survives registration of an arbitral award in the High Court and whether a stay pending appeal should be granted.
Labour law – appeals from arbitral awards (s 98(10)) – Labour Court’s power to grant interim measures pending appeal (s 92E(3) & s 89(1)(a)) – Effect of registration of an arbitral award in the High Court – Interim relief: prima facie right, irreparable harm, balance of convenience.
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15 April 2012 |
| March 2012 |
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Applicant’s condonation for late appeal dismissed due to no explanation and negligence of legal practitioners.
Civil procedure – Condonation and extension of time – Failure to provide explanation for late note of appeal – Absence of affidavit from legal practitioner who filed late notice – Applicant cannot escape consequences of legal practitioner’s negligence – Prospects of success unnecessary where no explanation for non-compliance.
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28 March 2012 |
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A workers committee lacks legal personality and cannot sue or be sued; proceedings struck off with no order as to costs.
Labour law – workers committee – legal personality – capacity to sue and be sued – sections 23, 24, 28, 29 Labour Act – unincorporated associations – effect on validity of proceedings and costs
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26 March 2012 |
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Pre‑charge torture requires exclusion of evidence obtained thereby and may justify a permanent stay if prosecution relies solely on it.
Constitutional law — prohibition of torture, inhuman or degrading treatment (s15(1)) — exclusionary principle prohibiting use of evidence obtained by such treatment — interplay with right to personal liberty (s13(1)) and rule of law (s18(1)) — onus and standard of proof — remedy: permanent stay where prosecution relies solely on tainted evidence.
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19 March 2012 |
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Suspension without required ministerial approval under S.I. 371/85 is void, rendering subsequent labour proceedings null.
Employment law - unlawful suspension - S.I. 371/85 - ministerial approval required for dismissal - jurisdictional defect - void ab initio suspension - nullity of subsequent labour proceedings
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12 March 2012 |
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Condonation for late appeal refused due to inadequate explanation and lack of prospects of success (inability to tender performance).
Civil procedure – condonation for late filing of appeal – factors to be weighed: degree of non‑compliance; explanation; prospects of success; importance and finality; convenience and avoidance of delay. Attorney negligence and prior indulgences – inadequate explanation for repeated non‑compliance. Specific performance – claimant must be willing and able to tender performance; inability to pay balance (currency devaluation) undermines prospects of success on appeal.
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4 March 2012 |
| February 2012 |
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Employer held vicariously liable; fresh evidence refused; damages reduced for insufficient or unreliable evidentiary support.
Civil liability – Vicarious liability – employee on authorised duty – deviations and 'frolic' test; Appeal – admission of fresh evidence – Farmers/Feldman criteria (diligence, credibility, influence, prejudice); Assessment of damages – evidentiary foundation for vehicle value, hire charges and loss of earnings
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27 February 2012 |
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Remitted for evidence to determine applicable exchange rate and any interest before enforcing a foreign-currency judgment.
Civil procedure — Recognition/enforcement of foreign judgment — Payment in foreign currency — Evidence required to establish applicable exchange rate — Remittal for determination of exchange rate and interest.
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21 February 2012 |
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Trial court properly awarded substitute property and contingent rights in disputed matrimonial assets; appeal dismissed with costs.
Matrimonial property division — joint bank account — award of substituted property for untraceable assets — discretionary relief — award of contingent/uncertain property rights.
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19 February 2012 |
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An order framed as delivery of goods was a debt order; committal for contempt was inappropriate where inability to comply was shown.
Civil procedure — Nature of orders: ad factum praestandum vs ad pecuniam solvendam — Enforcement by committal for contempt — Requirement to show wilful and mala fide non‑compliance — Role of nulla bona return and inquiry into ability to comply — Availability of alternative monetary remedies
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12 February 2012 |
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Appeal succeeds: High Court misdirected in refusing bail; equality of treatment and insufficient evidence of propensity to abscond required bail with conditions.
Criminal procedure – bail – section 117 CPE Act – presumption of liberty – factors for likelihood to abscond – treating like-accused alike – misdirection on facts – appellate interference with discretion.
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12 February 2012 |
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A tribunal cannot substitute an employer's dismissal where the respondent’s misconduct goes to the root of employment.
Labour law – s 12B(4) Labour Act – limits on arbitrator/Labour Court power to substitute penalties – dismissal justified where misconduct goes to root of contract – singling out irrelevant when conduct is fundamental.
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5 February 2012 |
| January 2012 |
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Appellate court restored dismissal for dishonesty after Labour Court wrongly substituted its discretion for arbitrator’s.
Labour law – disciplinary penalties – dishonesty and breach of trust – appellate interference with tribunal’s discretionary penalty – relevance of prejudice and minor monetary value
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29 January 2012 |
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Participation in an unlawful collective job action justified dismissal regardless of short duration absent employer misdirection.
Labour law – dismissal for participation in unlawful collective job action – duration and first‑offender status not necessarily mitigating – courts should not interfere with employer's disciplinary discretion absent misdirection.
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22 January 2012 |
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Appeal upheld on damages quantum: employment status affirmed but award set aside for lack of proof; matter remitted for quantification.
Labour law – employment relationship – continued service after fixed-term contracts – factors establishing employment; evidentiary requirement for proving quantum of damages – awards based on unsubstantiated claims invalid; remittal for proof of damages
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15 January 2012 |