|
Citation
|
Judgment date
|
| June 2014 |
|
|
Appeal allowed: accused indemnified under s 3 Protection of Wild Life Act; conviction and death sentence set aside.
Criminal law — Murder — Self-defence and statutory indemnity — Protection of Wild Life (Indemnity) Act s 3 — Good faith requirement and acts in connection with suppression of unlawful hunting — Evaluation of witness credibility and resolving reasonable doubt in favour of accused — Extenuating circumstances and death sentence.
|
26 June 2014 |
|
Appellant restored to possession where respondent failed to prove spoliation and magistrate's eviction order was irregular.
Civil procedure — spoliation (mandament van spolie) — onus to prove peaceful possession and unlawful deprivation; vagueness of eviction orders; declaratory relief — jurisdiction of High Court; forum shopping allegations; appellate power to grant reinstatement and punitive costs.
|
16 June 2014 |
|
Employee’s persistent refusal to comply with a lawful transfer order constituted wilful disobedience justifying dismissal; lower court erred mero motu.
Employment law – Transfer of employee – Procedural fairness (audi alteram partem) – Willful disobedience of lawful order – Disciplinary dismissal – Appellate intervention for mero motu misdirection.
|
13 June 2014 |
|
Stay of execution refused: no prima facie right, defective notice of appeal, and service presumed regular.
Service of process — presumption of regularity of sheriff’s return; Stay of execution — requirement of prima facie right, irreparable harm and balance of convenience; Statutory tenancy — protection only while in actual possession; Notice of appeal — failure to state the court is fatal.
|
12 June 2014 |
|
A court may not decide a case on grounds not raised or argued; the overtime instruction was lawful and the appeal succeeded.
Labour law – arbitration and review – appellate review of Labour Court – court cannot decide on grounds not raised or argued by parties – lawfulness and clarity of employer's overtime instruction – appeal allowed.
|
9 June 2014 |
|
Leave to appeal granted on important labour-law issues about casualisation, legitimate expectations and s 12B(3)(b).
Labour law – casualisation – successive fixed-term contracts – legitimate expectation of permanent employment – interpretation of s 12B(3)(b) (engaging other persons) – reinstatement versus damages.
|
8 June 2014 |
|
Appellant entitled to occupation where valid offer letter followed compulsory acquisition; trial court misdirected in failing to decide the agreed issue.
Property law – compulsory acquisition of agricultural land – effect of bilateral agreements; Validity of offer letter as basis for occupation; Civil procedure – pre-trial agreement on issues; appellate intervention for misdirection and substitution of judgment.
|
1 June 2014 |