Court : South Africa Supreme Court of Appeal
..... this allegation was made on the basis of two complaints that the appellant had settled claims against the road accident fund (the fund) but not accounted fully and properly to his clients for the proceeds of those claims. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: eastern cape circuit local division, east london (kemp aj sitting as court of first instance): 1. the appeal by the state is upheld. 2. the sentences imposed by the court a quo on the respondents are set aside and replaced with the following: (a) accused numbers one and three are sentenced as follows: (i) in respect of count 1, the housebreaking with intent to rob, the accused are sentenced to two years imprisonment; (ii) in respect of count 2, the robbery with aggravating circumstances, the accused are sentenced to fifteen years imprisonment; (iii) in respect of count 3, the rape, the accused are sentenced to life imprisonment. (b) accused number two is sentenced as follows: (i) in respect of count 1, the housebreaking with intent to rob, the accused is sentenced to two years imprisonment; (ii) in respect of count 2, the robbery with aggravating circumstances, the accused is sentenced to twelve years imprisonment; (iii) the sentence imposed on count 1 is ordered to run concurrently with that imposed on count 2. judgment pillay ja (ponnan, bosielo, theron et wallis jja concurring): [1] during 2011 tb, a 38-year old woman, lived together with her mother bb, and 3 year-old son, on a smallholding near beacon bay, just outside east london. during the course of the early evening of 20 april 2011 tb went out. shortly after going to bed with her grandson at about 10 pm, bb awoke to find three intruders in their home. two of them were armed with knives. they demanded .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:limpopo high court, thohoyandou (hetisani j sitting as court of first instance): the appeal succeeds and the convictions and sentences for rape and murder are set aside. judgment zondi aja (ponnan, maya, shongwe and tshiqi jja concurring): [1] the appellant, mr jeffrey khathutshelo matshivha appeared in the limpopo high court, thohoyandou (hetisani j) facing two charges: one for murder and the other for rape. in relation to the charge of rape the indictment alleged that on the night of 5 january 2000, at the complainants home in magau village, tshilwavhusiku, the complainant, a then seven year old girl was raped by the appellant. in the alternative the indictment alleged that the appellant in contravention of section 14(1)(a) of the immorality act 23 of 1957 had had sexual intercourse with a minor under the age of 16 years. with regard to the charge of murder, it was alleged that on 22 july 2000, at madombidzha, the appellant murdered mr mukilasi gideon ramavhoya, (the deceased), by stabbing him with a knife. [2] the appellant, who pleaded not guilty to both counts, was found guilty as charged and sentenced to life imprisonment in respect of the charge of rape and 45 years imprisonment for the murder. [3] it is common cause that in relation to the rape, the states case rested exclusively on the identification evidence of the complainant and her brother, who, at the time they testified were eight and 13 years old respectively. when the appeal record was perused .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: western cape high court, cape town (hlophe jp sitting as court of first instance): 1. the appeal is upheld. 2. the conviction and sentence are set aside. judgment van der merwe aja (malan, theron and majiedt jja and zondi aja concurring): [1] during the evening of 30 or the early morning of 31 october 2004 a four year old girl was brutally raped and killed. her father, the appellant, and another person (accused 2) were tried in the western cape high court (hlophe jp) on charges of the murder, rape and indecent assault of the child. the appellant was only convicted on the charge of rape and sentenced to 15 years imprisonment. leave to appeal against conviction and sentence was granted by this court.1 [2] the evidence establishes the following relevant facts. the girl lived in harare, khayelitsha with the appellant and her mother. her mother bathed the girl during the morning of saturday 30 october 2004, as she had on the previous morning. on both occasions the girl had no injuries and her mother noticed nothing untoward. on the contrary, at around 18h00 on the saturday the girl was happily playing in the street with other children, whilst her mother was preparing to go to church. the girl wanted to go along and therefore accompanied her mother to the church, which is about a ten minute walk from their home. [3] the appellant was not at home at the time. he went to work and afterwards, at about 15h00, went to a shebeen across the street from his home. he .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: the court of the commissioner of patents (louw j): the appeal is dismissed with costs, including those consequent upon the employment of two counsel. judgment ponnan ja (nugent, bosielo and wallis jja and swain aja concurring): [1] the respondent, videx wire products (pty) ltd t/a videx mining products (videx), instituted action in the court of the commissioner of patents against the appellant, camworth technologies ltd (camworth), the patentee of south african patent 98/7928 entitled: 'elongate support preload device' (the patent). videx sought a declaration in terms of s 69(1) of the patents act 57 of 1978 (the act) that a pre-stressing device (a videx pot) that it intended to manufacture and dispose of in the republic of south africa did not infringe the claims of the patent. [2] section 69(1) of the act, headed 'declaration as to non-infringement', provides: '(1) a declaration that the use by any person of any process, or the making or use or offer to dispose or disposal or importation of any article by any person, does not or would not constitute an infringement of a patent, may be made by the commissioner in proceedings between that person and the patentee, notwithstanding that no assertion to the contrary has been made by the patentee, if it is proved (a)that such person has applied in writing to the patentee for a written acknowledgement to the effect of the declaration claimed, and has furnished the patentee with full particulars of the process or .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from north gauteng high court (raulinga j sitting as court of first instance). the order appears at page 32 of the judgment. 1. the appeals all succeed with costs to be paid by the respondents jointly and severally. all the orders of the high court, other than its order of condonation and the associated costs order, are set aside. 2. the following orders are substituted: (a) it is declared that the anti-dumping duties reflected in the notice of motion were extant at the time the sunset reviews were initiated in each case. (b) the counter-application is dismissed. (c) the applicants jointly and severally are to pay the costs of all the respondents who opposed the application. 3. the costs in this court and the court below are to include the costs of two counsel. judgment nugent ja (lewis, theron and saldulker jja concurring) [1] this appeal concerns the validity of various anti-dumping duties imposed under the customs and excise act 91 of 1964. the proceedings were prompted by the decision of this court in progress office machines cc v the south african revenue service,1which has caused some concern to the customs and revenue authorities. they say the decision has significant and far-reaching implications for the discharge of their statutory powers and functions, and that its implications for south africas international obligations are considerable. those sentiments are echoed in a critical commentary on the case by g f brink, who describes it as having far-reaching .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:the competition appeal court (dambuza ja; davis jp and mailula ja concurring sitting as court of appeal from the competition tribunal): 1. the appeal is upheld with costs, including the costs of two counsel, to be paid by the second respondent. 2. the order of the competition appeal court is set aside and replaced with the following: the appeal is dismissed and the appellants are ordered, jointly and severally, to pay the respondents costs, including the costs of two counsel. judgment brand ja(nugent, malan, petse and saldulker jja concurring): [1] this is an appeal against an order of the competition appeal court (the cac) which overturned an order of the competition tribunal (the tribunal). proceedings commenced with an application by the competition commission (the commission) to amend its referral of a complaint to the tribunal against the three respondents. at the same time the second respondent brought a counter-application to have that referral declared invalid and set aside. the tribunal granted the application to amend and dismissed the counter-application. the first and second respondents successfully appealed to the cac against both facets of the tribunals order. what the appellant effectively seeks in this appeal is a reinstatement of the tribunals order. the appeal is with the leave of the cac, following upon an unsuccessful application by the commission for direct access to the constitutional court. the judgment of the constitutional court has .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north gauteng high court, pretoria (prinsloo j sitting as court of first instance): 1. the appeal succeeds with costs, including the costs of two counsel. 2. the order of the high court is varied as follows: 2.1 in the matter of ryton estates, by deleting paragraph 1.1 thereof and substituting paragraph 2.1 thereof with the following: 2.1 (language?) 2.2 in the matter of brits, by setting aside paragraphs 1, 2 and 3 thereof. 2.3 in the matter of le roux, by setting aside paragraph 1 thereof. 2.4 in the matters of uitgezocht and b hrmann, by setting aside paragraphs 1, 2 and 3 of the order in each matter. 3 all the matters are referred back to the high court for determination of the amounts payable by the appellant in accordance with this judgment and of costs, where applicable. judgment van der merwe aja (brand, theron and majiedt jja and mbha aja concurring): [1] the issue in this appeal is whether the respondents, who were in mora in regard to contractual obligations to pay interest, were liable to pay mora interest on the unpaid interest. [2] the background of the matter can be briefly summarised. the appellant was established under s 3 of the land bank act 18 of 1912. the 1912 act was repealed by the land bank act 13 of 1944, which in turn was repealed by the land and agricultural development bank act 15 of 2002. despite the repeal of the earlier acts, the appellant continues to exist in terms of s 2(1) of the land and agricultural development act 15 of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:land claims court, western cape(carelse j sitting as court of first instance): 1. the appeal against para 1 of the order of the lcc is dismissed. 2. the appeal against paragraph 2 of the order of the lcc is upheld. that paragraph is set aside and substituted with the following: the second defendant is ordered to pay to the plaintiff the cost incurred in erecting a memorial plaque on the building, limited to the sum of r50 000. 3. para 3 of the order of the lcc is altered to read: the respondent is to pay the costs of the plaintiff insofar as they have not been met by the land claims commission. judgment tshiqi ja (nugent and malan jja concurring): 1. the facts in this appeal are largely common cause. they are contained in a statement of agreed factssignedby the partiesprior to the trial in the land claims court (the lcc). this appeal is with the leave of that court (per carelse j). 2. the appellants late husband, mr lionel florence, and his brothers purchased the property known as sunny croft in 1957 from its owner, dr yeller, in terms of a written instalment sale agreement. sunny croft was never transferred into the name of the florence brothers as a result of racially discriminatory legislation which prohibited the transfer of land to disqualified persons. in 1970 the florence brothers were compelled to cancel the sale agreement, sell the property back to dr yeller and to vacate it following threats to do so from inspectors who were acting in terms of the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north gauteng high court, pretoria (hiemstra aj, sitting as court of first instance) 1. the appeal succeeds with costs. 2. the order of the court below is set aside and substituted with the following: the respondents are ordered to pay: (a) the sum of r1 026 000.00 to the applicant. (b) interest on the sum of r1 026 000.00 at 15.5% per annum from 22 june 2010, being the date on which the application was launched, to date of payment. (c) the applicants costs?. judgment majiedt ja (brand, leach ja and van der merwe and meyer ajja concurring): [1] this appeal concerns a vindicatory claim and, in the alternative, a claim in terms of the actio ad exhibendum in respect of ten centre pivots and the appurtenances thereto (collectively the pivots). the respondent, the land and agricultural development bank of south africa (the bank), was granted an order in the north gauteng high court pretoria (hiemstra aj) against the sjp family trust (the trust) duly represented by its trustees, the appellants, to pay the amount of r1 710 000 in terms of an instalment sale agreement in respect of the pivots. the banks claim was ultimately upheld on the alternative basis of the actio ad exhibendum. the appeal is before us with leave of this court. [2] central to a determination of the issues are the questions of ownership and possession of the pivots. the bank lent and advanced the sum of r2 716 737.55 to the trust for the purchase of irrigation equipment, including the pivots. they .....
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