2
REPUBLIC OF SOUTH AFRICA
SUPREME COURT OF APPEAL
BULLETIN 2011
NO 2
Compiled by the Supreme Court of Appeal Library
· BULLETINS
· JUDGMENTS RESERVED
· CASES ENROLLED FOR HEARING
· APPEALS DISPOSED OF WITHOUT WRITTEN REASONS
JUDGMENTS RESERVED
S Maimela and another v The Makhado Municipality and another (269/10)
Appealed from GNP
Date heard: 23 February 2011
Mpati P, Van Heerden JA, Cachalia JA, Tshiqi JA, Majiedt JA
Delict – whether way in which respondent shot into crowd with obvious risk to innocent persons wrongful – whether respondents liable for damages – whether even if shooting not wrongful dependant's action nonetheless lies.
MSC Depot (Pty) Ltd v Wk Construction (Pty) Ltd & another (157/10)
Appealed from ECP
Date heard: 3 March 2011
Mpati P, Brand JA, Lewis JA, Snyders JA, Majiedt JA
Contract – whether absolution from the instance should have been granted at close of appellant’s case.
I J Nel Engelbrecht v The State (446/10)
Appealed from WCC
Date heard: 7 March 2011
Mpati P, Bosielo JA, Plasket AJA
Criminal law – appeal against conviction and sentence – fraud – credibility of state witnesses – whether convictions are justified or sustainable on evidence adduced – whether evidence of two state witnesses who are alleged accomplices is corroborated – whether sentences imposed are appropriate – whether, when accused has entered into a plea bargain with state and had certain sentence imposed, it constitutes misdirection to impose a far harsher sentence on another accused who is convicted of same crime despite pleading not guilty.
Commissioner of South African Revenue Service v Founders Hill (Pty) Ltd
(509/10)
Appealed from Tax Court (Jhb)
Date heard: 17 March 2011
Harms DP, Nugent JA, Lewis JA, Malan JA, Plasket AJA
Tax law – proceeds of sale of property – whether proceeds of sale of respondent's properties of a capital nature – whether proceeds fall to be considered for revenue account and thus taxable.
Bruce Sabelo Mpumelelo Ramokolo v The State (251/10)
Appealed from ECM
Date heard: 17 March 2011
Ponnan JA, Maya JA, Petse AJA
Criminal law – whether state proved all elements of extortion against appellant beyond reasonable doubt – whether court a quo erred in increasing sentence.
The State v James Nkosi and another (411/10)
Appealed from GNP
Date heard: 17 March 2011
Ponnan JA, Maya JA, Petse AJA
Appeal: Criminal law – against acquittal on counts 4, 5 and 6 by court a quo.
Cross-Appeal: Criminal law – conviction and sentence – attempted murder, attempted robbery with aggravating circumstances and possession of fire arms and ammunition – 22 years’ imprisonment – whether court a quo erred in its factual findings and inferences regarding involvement of appellants in commission of offences – whether court a quo should have discharged first appellant at conclusion of state case – whether court a quo should have convicted appellants on possession of multiple fire arms in view of direct evidence tendered – whether court a quo correct in rejecting appellants’ versions – whether sentence for attempted robbery with aggravating circumstances equivalent to that prescribed for completed offence – whether cumulative effect of sentences inappropriate, bearing in mind that degree of violence employed during robbery already punished in sentence for attempted murder.
CASES ENROLLED FOR HEARING
First South African Holdings (Pty) Ltd v The Commissioner for the South African Revenue Service (372/10)
Appealed from GNP
Date to be heard: 3 May 2011
Harms DP, Lewis JA, Ponnan JA, Bosielo JA, Theron JA
Income Tax – Income Tax Act 58 of 1962, s 79A - interpretation and application of – when period referred to in s 79A(2)(a) commences and expires – declaratory order that respondent entitled to reduce appellant’s 2002 assessment in accordance with section.
Neil Harvey & Associates (Pty) Ltd v Medscheme Holdings (Pty) Ltd & others (621/10)
Appealed from GSJ
Date to be heard: 3 May 2011
Harms DP, Cloete JA, Ponnan JA, Malan JA, Plasket AJA
Arbitration – whether arbitrator’s conduct in presiding over a meeting in separate arbitration constitutes ‘good cause’ for setting aside his appointment, alternatively his removal from office in terms of Arbitration Act 42 of 1965, s 13(2)(a).
Daniel Joseph Zwats v Jacobus Hendrikus Janse van Rensburg NO & others (590/10)
Appealed from FB
Date to be heard: 3 May 2011
Navsa JA, Heher JA, Snyders JA, Shongwe JA, Meer AJA
Insolvency law - consolidation order – whether trial court had power to issue consolidation order consolidating different insolvent estates of illegal Krion Pyramid Scheme into one insolvent estate – whether respondents as liquidators had locus standi to institute action – whether appellant bound by aforesaid consolidation order – whether respondents have proved requirements of Insolvency Act 24 of 1936, s 29 – whether transactions were between appellant and entities in Scheme – whether prinicipal of confusio applicable.
Jacobus Hendrikus Janse van Rensburg NO & others v Sarel Johannes Lodewikus Steyn (66/10)
Appealed from GNP
Date to be heard: 3 May 2011
Navsa JA, Heher JA, Snyders JA, Shongwe JA, Meer AJA
Insolvency law – consolidation order – whether trial court correct in holding that previous court order consolidating insolvent estates of different entities into one insolvent estate for purpose of winding up, invalid and therefore liquidators did not make out cause of action.
Jacobus Hendrikus Janse van Rensburg NO & others v Christiaan Johannes Botha (758/10)
Appealed from GNP
Date to be heard: 3 May 2011
Navsa JA, Heher JA, Snyders JA, Shongwe JA, Meer AJA
Insolvency – consolidation order – whether trial court correct in holding that previous court order consolidating insolvent estates of different entities into one insolvent estate for purpose of winding up, invalid and therefore liquidators did not make out cause of action.
Sally Ann Collett v Firstrand Bank Ltd (766/10)
Appealed from ECG. 2010 (6) SA 351 (ECG)
Date to be heard: 4 May 2011
Mpati P, Brand JA, Maya JA, Malan JA, Tshiqi JA
National Credit Act 34 of 2005, s 86(10), interpretation of – whether court below had erred in concluding that appellant had failed to make out a defence to summary judgment application – whether respondent validly gave notice of termination of debt review process in terms of s 86(10).
Property Lawyer Services (Pty) Ltd v F J H Kruger t/a Kruger Attorneys (420/10)
Appealed from GNP
Date to be heard: 4 May 2011
Mpati P, Brand JA, Maya JA, Malan JA, Tshiqi JA
National Credit Act 34 of 2005 – interpretation of undertaking and whether it constitutes an undertaking independent of underlying transaction to which it relates – whether undertaking unenforceable by virtue of non-compliance with provisions of National Credit Act No. 34 of 2005.
ABSA Bank Ltd v Kernsig 17 (Pty) Ltd (386/10)
Appealed from WCC
Date to be heard: 4 May 2011
Cloete JA, Cachalia JA, Shongwe JA, Majiedt JA, Seriti JA
Cancellation of mortgage bond – whether Companies Act 61 of 1973, s 38 infringed – whether loan agreement between parties valid – whether respondent entitled to cancellation of agreement.
Gerrit Grobler NO v Mobile Telephone Networks (Pty) Ltd & others (465/10)
Appealed from FB
Date to be heard: 4 May 2011
Harms DP, Cloete JA, Cachalia JA, Shongwe JA, Seriti JA
Review – interpleading proceedings – whether appellant entitled under Rule 30 for a declaration that first respondent’s proceedings in terms of Uniform Court Rules, Rule 58 irregular – whether appellant a claimant as described in Rule 58 and if so, whether claim separate in that there were no ‘adverse claims’ – whether first respondent’s Rule 58 proceedings amounted to an irregular step.
Circa Hospitality (Pty) Ltd v C Sport (South Africa) (Pty) Ltd (378/10)
Appealed from WCC
Date to be heard: 5 May 2011
Harms DP, Lewis JA, Bosielo JA, Seriti JA, Petse AJA
Interdict – first interdict granted by trial court restrains appellant from using confidential information relating to respondent’s customers – second interdict restrains appellant from contacting or doing business with such clients - whether case made out for granting of interdicts in light of evidence and finding that information in question in fact not confidential.
Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (24/10)
Appealed from GNP. [2009] 4 All SA 249 (GNP)
Date to be heard: 5 May 2011
Harms DP, Lewis JA, Bosielo JA, Seriti JA, Petse AJA
Contract – sale of property – whether purchaser bound by terms of agreement – whether respondent entitled to avoid purchase agreement – whether any misrepresentation entitling respondent to avoid terms of agreement – whether respondent bound by voetstoots and other exemption clauses in agreement of sale.
Media 24 Limited and others v SA Taxi Securitisation (437/10)
Appealed from GSJ
Date to be heard: 5 May 2011
Brand JA, Nugent JA, Maya JA, Snyders JA, Theron JA
Delict – whether special damages (patrimonial loss) may be claimed under actio iniuriarum, in action for defamation – whether trading company may be awarded general damages for loss of goodwill under action iniuriarum and, specifically, in action for defamation - whether respondent may nevertheless recover damages under lex Aquilia on claim as pleaded, what nature of claim is, and where onus lies in relation to claim.
Presidency Property Investments (Pty) Ltd & others v Shiraz Patel (407/10)
Appealed from WCC
Date to be heard: 6 May 2011
Mpati P, Navsa JA, Heher JA, Bosielo JA, Majiedt JA
Delict - damages – fraudulent misrepresentation – fraudulent non-disclosure – negligent non-disclosure - whether first and second appellants liable to respondent under actio quanti minoris, or in delict pursuant to misrepresentation – whether cost orders should be amended.
Police and Prisons Civil Rights Union v Minister of Safety and Security & another (70/10)
Appealed from GNP. (2010) 31 ILJ 556 (GNP)
Date to be heard: 6 May 2011
Nugent JA, Ponnan JA, Cachalia JA, Meer AJA, Plasket AJA
Labour law – whether student constables are ‘workers’ as contemplated in Constitution of the Republic of South Africa, 1996, s 23(2) and ‘employees’ as contemplated in Labour Relations Act 66 of 1995.
National Union of Mineworkers & another v Samancor Limited (Tubatse Ferrochrome) & others (625/10)
Appealed from LAC
Date to be heard: 6 May 2011
Nugent JA, Ponnan JA, Cachalia JA, Tshiqi JA, Meer AJA
Labour law – whether Labour Appeal Court correct in finding that arbitration award fell to be reviewed and set aside on applicable review standard – whether finding that dismissal of second appellant was procedurally unfair was sustainable - whether compensation in an amount representing six months’ salary was appropriate remedy – whether real reason for second appellant’s dismissal was related to incapacity or misconduct for absenteeism or operational requirements of first respondent.
Charter HI (Pty) Ltd & others v The Minister of Transport (155/10)
Appealed from GNP
Date to be heard: 9 May 2011
Harms DP, Nugent JA, Maya JA, Malan JA, Plasket AJA
Delict – Negligence in aircraft accident – Whether the respondent is vicariously liable for appellants’ damages.
Larry Ivan Levin & another v Frieda Levin & others (644/09)
Appealed from GSJ
Date to be heard: 9 May 2011
Harms DP, Nugent JA, Maya JA, Malan JA, Plasket AJ
Evidence – which party bears onus of proving or disproving validity of disputed will – whether appellants proved on balance of probabilities invalidity of disputed will, or whether respondents proved validity of will – costs.
The MEC for the Department of Health for the Province of KwaZulu-Natal v Denise Franks (329/10)
Appealed from KZP
Date to be heard: 9 May 2011
Navsa JA, Ponnan JA, Snyders JA, Theron JA, Meer AJA
Delict – Whether appellant’s employees acted negligently when they attended to the respondent and the deceased at the scene of the accident – if so, whether the wrongful and negligent conduct of the appellant’s employees resulted in the respondent contracting HIV at the scene of the accident.
Rudzani Netshituka v Joyce Munyadizwa Netshituka &others (426/10)
Appealed from LT
Date to be heard: 10 May 2011
Mpati P, Bosielo JA, Tshiqi JA, Seriti JA, Petse AJA
Family law – whether civil marriage entered into before amendment to Black Administration Act 38 of 1927 had effect of terminating customary marriage that was in existence prior to such civil marriage – whether introduction of Recognition of Customary Marriages Act 102 of 1998 had any effect on customary marriage terminated prior to commencement of Act – whether appellant proved on balance of probabilities that deceased testator could not attest to valid last will and testament – whether last will and testament of deceased must be declared invalid.
Majola Votani v Nitro Securitisation 1 (Pty) Ltd (567/10)
Appealed from GSJ
Date to be heard: 10 May 2011
Mpati P, Bosielo JA, Tshiqi JA, Seriti JA, Petse AJA
National Credit Act 34 of 2005 – compliance with ss 129 and 130 – whether pleading relating to cession excipiable – whether authorisation for institution of action on behalf of respondent.
N Pienaar & another v Master of the Free State High Court & others (579/10)
Appeaeld from FB
Date to be heard: 10 May 2011
Lewis JA, Cachalia JA, Shongwe JA, Theron JA, Majiedt JA
Law of succession – whether testator in executing a later will revoked a bequest to former spouse in earlier will.
The Standard Bank of South Africa Ltd v The Swartland Municipality & others (562/10)
Appealed from WCC. 2010 (5) SA 479 (WCC)
Date to be heard: 10 May 2011
Lewis JA, Cachalia JA, Shongwe JA, Theron JA, Majiedt JA
Interdict – whether appellant a necessary party to proceedings in trial court – whether appellant met requirements for interdict as well as all requirements for setting aside of demolition order.
Senwes Limited v The Competition Commission of South Africa (118/10)
Appealed from CAC
Date to be heard: 11 May 2011
Mpati P, Brand JA, Lewis JA, Bosielo JA, Seriti JA
Competition law – whether applicant has satisfied requirements for special leave to be granted to this court – whether margin squeeze case was properly pleaded – whether in any event on facts before tribunal, it was entitled to adjudicate a margin squeeze case – whether evidence in support of margin squeeze sufficient.