http://www.supremecourtofappeal.gov.za/index.htm Recent updates published on the Supreme Court of Appeal's website Fri, 06 Nov 2009 10:28:52 GMT ListGarden Program 1.3.1 http://blogs.law.harvard.edu/tech/rss http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Review application brought in High Court under Promotion of Administrative Justice Act 3 of 2000 (PAJA) in matter concerning labour relationship between organ of State and employee – held that conduct complained of does not constitute 'administrative action' as contemplated by PAJA. Fri, 06 Nov 2009 10:28:50 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Claim for enforcement of constitutional right to administrative action that is lawful, reasonable and procedurally fair – dismissal of public employee – does not constitute ‘administrative action’. Mon, 02 Nov 2009 12:00:13 GMT http://www.supremecourtofappeal.gov.za/index.htm New telephone number for the Library Thu, 29 Oct 2009 09:41:14 GMT http://www.justice.gov.za/sca/roll.html Supreme Court of Appeal Court Roll: 02 November - 24 November 2009. Amendment to 18 November 2009. Tue, 13 Oct 2009 10:09:43 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Labour Law – Labour Relations Act 66 of 1995 – Commission for Conciliation Mediation and Arbitration – Review of arbitration award – Constitutional standard of reasonableness applicable. Labour Law – fairness of dismissal – destruction of relationship of trust – evidence showing destruction necessary. Mon, 05 Oct 2009 11:15:44 GMT http://www.supremecourtofappeal.gov.za/bulletin.html CONTENT OF BULLETIN: <br>* Judgments Reserved <br>* Cases enrolled for Hearing <br>* Appeals disposed of without written reasons Mon, 05 Oct 2009 11:15:14 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Criminal law – Sentence – appellant, a pastor ─ sentenced to an effective term of four years' imprisonment upon conviction on four counts of indecent assault and two counts of crimen iniuria. On appeal all counts treated as one for purposes of sentence ─ sentence set aside and replaced with one of four years' imprisonment in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977. Wed, 30 Sep 2009 09:31:20 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Bail – onus in terms of s 60(11)(a) of the Criminal Procedure Act 51 of 1977 not satisfied. Wed, 30 Sep 2009 09:31:03 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Defamation – defamatory allegations made in civil judicial proceedings – qualified privilege – allegations devoid of merit – ulterior purpose inferred – malice. Wed, 30 Sep 2009 09:30:46 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Companies Act 61 of 1973 – s 45(2) – new company name will cause confusion – name undesirable. Wed, 30 Sep 2009 09:30:28 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Minor inaccuracies in charge sheet not sufficient to find that accused did not know what case he had to meet: copies of documents admissible as best evidence: appellant convicted on 69 charges of fraud, one of forgery and one of uttering: appeal upheld only to extent of changing one conviction to convictions on all charges: sentence of 12 years’ imprisonment confirmed. Wed, 30 Sep 2009 09:30:05 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Insolvency – Act 24 of 1936 s 33(1) – disposition – restoration against indemnification – ‘in return for any disposition’ – ‘good faith’ – meaning - contemplation of sequestration – when present. Company – contract – or state of mind in concluding same – ‘directing mind and will’ – where located. Tue, 29 Sep 2009 10:02:57 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Eviction ─ referral to oral evidence on whether occupation with express or tacit consent ─ whether PIE or ESTA applicable. Tue, 29 Sep 2009 10:02:40 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Construction contract ─ standard form ─ interpretation of ─ employer's power to reject interim certificate ─ contractor not entitled to claim payment on rejected certificate ─ certificate issued after agreement to cancel ─ such not a certificate contemplated in the contract ─ contractor not entitled to rely on cancellation provisions in contract to claim on such 'certificate'. Tue, 29 Sep 2009 10:02:23 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Copyright infringement – locus standi of parties to participate in proceedings to restrain infringement – relief by way of order for delivery up of infringing articles- special order for costs marking court's disapproval of conduct of infringing parties. Tue, 29 Sep 2009 10:02:04 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Arbitration – question of law for opinion of the court stated by arbitrator in terms of s 20(1) of Arbitration Act 42 of 1965 – whether High Court had jurisdiction to hear matter – nature of discretion of arbitrator and of court. Tue, 29 Sep 2009 10:01:44 GMT http://www.justice.gov.za/sca/roll.html Supreme Court of Appeal Court Roll: 02 November - 24 November 2009 Mon, 28 Sep 2009 10:34:44 GMT Selsley Farm v Mhlongo (301/08) [2009] ZASCA 124 (28 September 2009) Labour tenant under Act 3 of 1996 – whether requirements of the definition of ‘labour tenant’ satisfied. Mon, 28 Sep 2009 10:33:20 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Labour law – whether an employer in the public sector is entitled to review its own decision pursuant to a <br>disciplinary enquiry, not to dismiss an employee – whether on the merits the decision in question was reviewable and whether the Labour Appeal Court should have substituted its own decision to dismiss the appellant instead of referring the matter for a rehearing on the issue of an appropriate sanction. Mon, 28 Sep 2009 10:33:06 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Applicability of Housing Development Schemes for Retired Persons Act 65 of 1988 to a sectional title scheme. Mon, 28 Sep 2009 10:32:51 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Criminal Law ─ Robbery with aggravating circumstances ─ Appeal against conviction and sentence of 10 years' imprisonment ─ Evidence of complainant not corroborated ─ Appellant's version reasonably possibly true ─ Conviction and sentence set aside. Mon, 28 Sep 2009 10:32:38 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Section 21 of the Companies Act 61 of 1973 – association with main object to conduct commercial hotel <br>– not an 'association not for gain' as contemplated by section – object non-compliant with provisions of <br>s 21(1)(b) – business operation in accordance with object thus unlawful in itself – winding-up of association therefore found to be just and equitable in terms of s 344(h) of the Act. Mon, 28 Sep 2009 10:32:23 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Land – land reform – eviction in terms of Extension of Security of Tenure Act 62 of 1997 – whether occupier still occupies premises/land in terms of the Act. Mon, 28 Sep 2009 10:07:51 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Banker – claim against by drawer for negligent payment of cheques – knowledge acquired in course of collecting the cheques for another customer – court might find that such knowledge should have put bank on enquiry – absolution at end of plaintiff’s case should have been refused. Mon, 28 Sep 2009 10:07:37 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Court of appeal entitled to consider new evidence on appeal and to impose a new sentence in exceptional cases where circumstances have changed after conviction and sentence. Mon, 28 Sep 2009 10:07:22 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Criminal procedure – appeal against sentence – undue delay in dealing with an application for leave to appeal – mental anguish caused as a result taken into account by appeal court in determining appropriate sentence – sentence reduced. Mon, 28 Sep 2009 10:07:06 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Sale of property – Failure to establish sale and transfer of property duly authorised – order putting eviction order into operation – whether appealable. Mon, 28 Sep 2009 10:05:17 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Jurisdiction – validity of direction of National Director of Public Prosecutions in terms of s 22(3) of the National Prosecuting Authority Act 32 of 1998. Mon, 28 Sep 2009 10:05:01 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Evidence – whether circumstantial evidence was sufficient to justify conviction of the appellant. Test regarding such evidence applied to the facts. Wed, 23 Sep 2009 10:07:11 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Insurance – contamination of palm olein oil by water leaking from steam pipes in storage tanks – policy excluding liability for loss caused directly and solely by contamination – insured alleging holes in steam pipes caused by sabotage – on factual evidence sabotage highly improbable – expert evidence not tipping probabilities in favour of insured. Wed, 23 Sep 2009 10:06:55 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Theft ─ a policeman and his colleague allegedly retained suspected stolen goods ─ failed to enter them in SAP 13 register and to keep in a store ─ goods entered in the register two days later after complaint by suspect ─ whether intention to steal established. Appeal against sentence dismissed but 4 years imprisonment imposed by High Court antedated to 1 November 2008, to take into account the appellant’s earlier incarceration of ten and a half months prior to hearing of appeal before High Court. Wed, 23 Sep 2009 10:05:57 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Practice – companies – litigation ─ whether obliged to act through a legal representative. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 - application for interim interdict to Equality Court – failure to establish a prima facie case. Wed, 23 Sep 2009 10:05:34 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Income Tax Act 58 of 1962 – acquisition of shares – whether acquired as capital investment or trading stock – whether computation of appellant’s income tax liability done in accordance with s 22. Tue, 22 Sep 2009 10:18:30 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Criminal law – Appeal against conviction of unlawful trade in ivory – Admissibility of evidence obtained as a result of improper conduct not involving the accused. <br> Tue, 22 Sep 2009 10:18:10 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Attorneys; disciplinary proceedings <br> Tue, 22 Sep 2009 10:17:53 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Constitutional validity – Chapters V and VI of the Development Facilitation Act 67 of 1995 – conflict with reservation of powers to municipalities – chapters declared invalid but declaration suspended on certain terms. Tue, 22 Sep 2009 10:17:35 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Rehabilitative maintenance order ─ claim against deceased estate ─ s 7(2) of the Divorce Act 70 of 1979 and the common law discussed ─ claim held not to be enforceable. Mon, 21 Sep 2009 08:13:08 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Partnership – misconduct on the part of a partner – no obligation on the other partners to afford the guilty partner a hearing before terminating the partnership. Mon, 21 Sep 2009 08:12:50 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Section 359(2) of Companies Act 61 of 1973 – no notice to liquidator of intention to continue legal proceedings – proceedings considered to be abandoned – court’s discretion to otherwise direct – long delay in bringing application. Fri, 18 Sep 2009 08:56:11 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Alienation of land – party accepting offer adding a suspensive condition amounting to a counter offer – other party not signing the amendment – contract unenforceable for non-compliance with s 2(1) of Alienation of Land Act 68 of 1981. Fri, 18 Sep 2009 08:54:45 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Agreement of sale of immovable property ─ property incorrectly described but subsequently amended by the parties ─ whether formalities prescribed by s 2(1) of the Alienation of Land Act 68 of 1981 complied with ─ agreement subject to suspensive condition requiring bond approval by certain date ─ whether suspensive condition fulfilled. Fri, 18 Sep 2009 08:54:27 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Criminal law – attempted murder – holistic assessment of probabilities. Fri, 18 Sep 2009 08:54:09 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Damages – Non-fulfilment of suspensive condition in written agreement – Whether the respondent has proved a claim for damages as contemplated in the agreement. Fri, 18 Sep 2009 08:53:48 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Delictual damages - measure of – Plaintiff claiming loss of earnings which would have accrued in United Kingdom – Plaintiff, as a result of delict unable to work in United Kingdom and remaining in South Africa – adjustment to measure of loss in sterling currency to allow for lower cost of living in South Africa. Thu, 17 Sep 2009 13:30:29 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Delict - wellbeing of arrested persons ─ duty of police officers discussed ─ examination by district surgeon prior to detention at police station ─ cause of death delayed rupture of descending aorta ─ in totality of circumstances police not negligent. Thu, 17 Sep 2009 13:30:08 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Appeal against dismissal of application seeking to prevent publication of allegedly defamatory newspaper article – article published prior to hearing of appeal – held that judgment on appeal would have no practical effect – held further that appeal raised no important question of law – consequently appeal dismissed with costs under s 21A of Supreme Court Act 59 of 1959. <br> Thu, 17 Sep 2009 13:29:51 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Delict – loss of support – wrongfulness – police negligently failing to dispossess sergeant of official firearm – sergeant taking his own life with firearm – claim for loss of support by dependants – wrongfulness established <br> Thu, 17 Sep 2009 13:29:35 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Appeal against order to repay moneys where contract found to have been vitiated by material mistake: no <br>mistake in fact – contract embodied in written documents accepted orally. Appeal upheld. Thu, 17 Sep 2009 13:29:14 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Criminal law – Police trap and undercover operation – Contraventions of s 20 of Diamonds Act 56 of 1986 – S 252A of the Criminal Procedure Act. Tue, 15 Sep 2009 11:55:05 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Contract – standard conditions of agreement – whether seller entitled to rely on certain clauses as defence to claim for damages by purchaser – goods delivered bearing no resemblance to goods ordered – no performance at all in terms of contract – held that clauses do not apply Mon, 14 Sep 2009 10:36:05 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Criminal Procedure – Criminal Procedure Act 51 of 1977 s 60(11)(a) – bail - exceptional circumstances – weakness of state case – necessary proof. Mon, 14 Sep 2009 07:06:18 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Atmospheric Pollution Prevention Act 45 of 1965 – smoke control regulations – plans and specifications for installation of boiler required – failure to comply – effect. Mon, 14 Sep 2009 07:05:24 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Trade mark – infringement – Trade Marks Act 194 of 1993 s 34(1)(a). Mon, 14 Sep 2009 07:05:06 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Delictual claim against the respondent for injuries sustained by the appellant's minor son through gunshot fired by police – finding that police action justified because shot had been fired in circumstances of necessity upheld on appeal. Fri, 11 Sep 2009 07:54:56 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Administrative action – whether joinder of relevant actor necessary – whether notice promulgated by the Minister validly authorized by s 12(1) of the Regional Services Councils Act 109 of 1985. Fri, 11 Sep 2009 07:54:38 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Intellectual property – trade mark – registrability of mark – whether mark capable of distinguishing. <br>Unlawful competition – passing off – reasonable likelihood of confusion – factors excluding. Tue, 08 Sep 2009 06:11:49 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Application for review ─ to set aside decision to approve township in 1957 ─ failure to take into consideration religious and cultural rights of Muslim community ─ application of delay rule ─ unprecedented time lapse ─ unique circumstances ─ discretion exercised to set aside decision. Thu, 03 Sep 2009 10:47:35 GMT http://www.supremecourtofappeal.gov.za/roll.html Amendment to the Supreme Court of Appeal Court Roll: 17 August - 17 September 2009 Wed, 26 Aug 2009 11:05:53 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Contract – sale of immovable property – written agreement – securing loan in amount less than that stipulated constitutes variation of term and not merely waiver of right – contrary to provisions of s 2(1) of Alienation of Land Act and to no variation clause. Thu, 20 Aug 2009 11:40:28 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Interpretation of section 2 of the Apportionment of Damages Act 34 of 1956. <br> Thu, 20 Aug 2009 11:40:10 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Fiduciary duty – circumstances in which such a duty exists. <br> Thu, 20 Aug 2009 11:39:49 GMT http://www.supremecourtofappeal.gov.za/roll.html Amendment to the Supreme Court of Appeal Court Roll: 17 August - 17 September 2009 Thu, 13 Aug 2009 10:46:58 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Jeebhai v Minister of Home Affairs (139/2008) [2009] ZASCA 35 (31 March 2009): Corrigenda to paragraphs 8, 9, 16 &amp; 23. Wed, 05 Aug 2009 09:49:27 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Section 420 of Companies Act 61 of 1973 – application to avoid dissolution of liquidated company - unlikelihood of avoidance yielding a financial benefit to applicant, inaction and delay on the part of applicant factors to be taken into account in exercise of court’s discretion. Fri, 17 Jul 2009 11:01:16 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – the requirements therefor restated. Fri, 03 Jul 2009 09:31:31 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Immovable property – transfer of ownership – validity of. Wed, 03 Jun 2009 11:20:26 GMT http://www.supremecourtofappeal.gov.za/roll.html V Tshidavhu v The State - 418/08 (VHC) - WITHDRAWN 01/04/2009 Thu, 02 Apr 2009 12:28:15 GMT http://www.supremecourtofappeal.gov.za/roll.html Supreme Court of Appeal Court Roll: 04 - 26 May 2009 Wed, 01 Apr 2009 10:01:05 GMT http://www.supremecourtofappeal.gov.za/bulletin.html SUPREME COURT OF APPEAL, BULLETIN 2009 NO 2 <br>Compiled by the Supreme Court of Appeal Library <br>CONTENT: Judgments Reserved, Cases enrolled for Hearing and Appeals disposed of without written reasons Wed, 01 Apr 2009 09:59:54 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Judge – complaint of judicial misconduct by other judges – alleged violation of accused judge’s constitutional rights – no right to be heard before complaint filed and media statement issued Tue, 31 Mar 2009 10:28:18 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33 (31 March 2009) Ulde v Minister of Home Affairs (320/08) [2009] ZASCA 34 (31 March 2009) Jeebhai v Minister of Home Affairs (139/08) [2009] ZASCA 35 (31 March 2009) Fourie Beleggings v CSARS (168/08) [2009] ZASCA 37 (31 March 2009) Transman v Graham Dick (147/08) [2009] ZASCA 38 (31 March 2009) Rudolph v Minister of Safety and Security (380/08) [2009] ZASCA 39 (31 March 2009 Silhouette Investments Ltd v Virgin Hotels Group Ltd (116/208) [2009] ZASCA 40 (31 March 2009) National Tertiary Retirement Fund v Registrar Pension Funds (221/08) [2009] ZASCA 41 (31 March 2009) Botha v NDPP (736/07) [2009] ZASCA 42 (31 March 2009) Tue, 31 Mar 2009 10:27:01 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html Dube v The State (523/07) [2009] ZASCA 28 (30 March 2009) Matlholwa v Mahuma (207/08) [2009] ZASCA 29 (30 March 2009) SA Broadcasting Corporation v Coop (178/2008) [2009] ZASCA 30 (30 March 2009) Minister of Justice and Constitutional Development v Chonco (159/08) [2009] ZASCA 31(30 March 2009) Mzizi v The State (524/07) [2009] ZASCA 32 (30 March 2009) Mon, 30 Mar 2009 10:18:08 GMT http://www.justice.gov.za/sca/judgments/judgem_sca_2009.html City of Johannesburg v L Mazibuko (489/08) [2009] ZASCA 20 (25 March 2009) Ekurhuleni Municipality v Dada NO (280/08) [2009] ZASCA 21 (27 March 2009) Hoërskool Ermelo v The Head of Department of Education: Mpumalanga (219/08) [2009] ZASCA 22 (27 March 2009) Joob Joob v Stocks (161/08) [2009] ZASCA 23 (27 March 2009) Shoprite v CCMA & Others (315/08) [2009] ZASCA 24 (27 March 2009) Yellow Star Properties v Department of Dvelopment Planning and Local Government (549/07) [2009] ZASCA 25 (27 March 2009) Checkers Supermarket v Liondsay (123/08) [2009] ZASCA 26 (27 March 2009) African Products (Pty) Ltd v AIG South Africa Ltd (659/07) [2009] ZASCA 27 (27 March 2009) Mon, 30 Mar 2009 10:17:11 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Whether a ‘judgment’ of a trial court ‘allowing damages’ and other relief, and determining certain factual findings to be referred to an actuary to facilitate the calculation of an item of damage, which was to be thereafter referred back to the judge, is appealable. Fri, 20 Mar 2009 09:53:16 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Dependants’ claim for loss of support – court’s wide, equitable discretion to arrive at a fair award – One <br>dependant dying contemporaneously with breadwinner – Such dependant’s hypothetical share of maintenance to be distributed amongst surviving dependants. Fri, 20 Mar 2009 09:52:46 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Criminal Law ─ Sentence ─ Diminished responsibility ─ deterrence. Thu, 19 Mar 2009 13:54:30 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Contract – interpretation of – language to be given its grammatical and ordinary meaning. Thu, 19 Mar 2009 13:54:06 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Appeal against order that attorney’s fee be referred to Law Society for determination dismissed: agreed fee found to be extortionate and the client overreached. Thu, 19 Mar 2009 13:53:44 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Criminal Law: Sentence: The function of a court in imposing sentence is to determine the maximum period the convicted person may be imprisoned. It is improper for the court to attempt to determine the minimum period. Thu, 19 Mar 2009 13:53:23 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Attorney – books of account chaotic – touting for work – unfit to practise – struck from the roll Thu, 19 Mar 2009 13:53:01 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Koopkontrak ten opsigte van stuk grond geïdentifiseer op aangehegte kaart – geldigheid van kontrak – uitvoerbaarheid van hofbevel. Only available in Afrikaans. Tue, 17 Mar 2009 12:01:38 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Defamation – whether report defamatory – quantum of damages. Tue, 17 Mar 2009 12:00:55 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Arbitration – application for award to be made order of court failure to counterapply to review award – consequences thereof. Tue, 17 Mar 2009 12:00:27 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Summary: Section 11(b) of the Prescription Act 68 of 1969 ─ ‘the State’ does not encompass the Land and Agricultural Development Bank of South Africa ─ therefore a three year period rather than a 15year period of prescription applies. Tue, 17 Mar 2009 11:59:58 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-008.pdf Summary: Promotion of Administrative Justice Act 3 of 2000: review of award of tender by organ of State; principles applicable and appropriate remedy, discussed. Fri, 13 Mar 2009 11:34:06 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-007.pdf Summary: Contract – interpretation – evidence – admissibility of evidence, expert or otherwise, to interpret. Fri, 13 Mar 2009 11:33:21 GMT http://www.supremecourtofappeal.gov.za/rules.html New amendments to the Rules of the Supreme Court of Appeal Wed, 11 Mar 2009 10:21:00 GMT http://www.supremecourtofappeal.gov.za/judgments/judgem_sca_2009.html Claim for damages arising from misrepresentations made in context of an offshore investment contract – held that on application of 'but-for' test factual causation not established – and that, in any event, loss too remote because occasioned by strengthening of Rand against the US Dollar rather than by misrepresentations. Wed, 11 Mar 2009 10:19:38 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-005.pdf The elevation of four lanes of a road above an intersection amounts to a permanent diversion for the purpose of s 67 of the Local Government Ordinance 17 of 1939 (T). PDF document Tue, 10 Mar 2009 09:23:14 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2008/sca08-131.pdf Corrigenda to para [5]: Withok Small Farms (Pty) Ltd v Amber Sunrise Properties Ltd (664/07) [2008] ZASCA 131 (21 November 2008) Thu, 05 Mar 2009 14:17:40 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2008/sca08-116.pdf Correction in para [9]: S v Balfour (109/2006) [2008] ZASCA 116 (25 September 2008) Thu, 05 Mar 2009 14:17:07 GMT ../sca/judgments/sca_2009/sca09-004.pdf Local authority – National Building Regulations and Building Standards Act 103 of 1977 (‘NBR Act’), s 7(1) – approval or refusal of approval of building... PDF document Tue, 03 Mar 2009 09:06:21 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-002.pdf Review of tender award – contract period of tender lapsed prior to hearing of appeal – no substantial points of law or matters of substance raised – appeal dismissed by reason of mootness under s 21 A(1) and (3) of the Supreme Court Act 59 of 1959. Fri, 27 Feb 2009 05:52:21 GMT http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-003.pdf PDF Document Validity of a deed of sale of land – whether the description of property alienated was sufficiently clear in terms of s 2(1) of the Alienation of Land Act 68 of 1981 – interdict preventing the establishment of a township development set aside – application for leave to amend pleadings dismissed. Thu, 26 Feb 2009 10:15:55 GMT http://www.supremecourtofappeal.gov.za/2009%20Feb%20-%20March%20Roll.pdf PDF Document <br>Court roll for the period: 16 February to 24 March 2009 20 February 2009 http://www.supremecourtofappeal.gov.za/bulletin.html Compiled by the Supreme Court of Appeal Library <br>BULLETINS, JUDGMENTS RESERVE, CASES ENROLLED FOR HEARING, APPEALS DISPOSED OF WITHOUT WRITTEN REASONS... 19 February 2009 http://www.supremecourtofappeal.gov.za/Practice%20Direction_20090212.pdf PDF Document <br>Having considered the appellants’ request and the respondent’s acquiescence, the following practice directions are issued in this case... 13 February 2009 http://www.supremecourtofappeal.gov.za/judgments/sca_2009/sca09-001.pdf PDF Document. (1) Criminal procedure – setting aside of indictment – s 179 of the Constitution – consultation by National Director of Public Prosecutions when reviewing a prosecutorial decision with accused. (2) Civil procedure – principles of deciding factual issues in motion proceedings restated. (3) Judiciary – the limits of judicial decisionmaking restated. 12 January 2009