Court : South Africa Supreme Court of Appeal
on appeal from: eastern cape high court, mthatha (dawood j, sitting as court of first instance): 1. the appeal is dismissed with costs. 2. the cross-appeal succeeds with costs. 3. para (h) of the order of the court below is amended to read: the municipality is directed to pay the first defendant interest on the aforesaid sum at the rate of 15.5 per cent per annum from 5 march 2008 to date of payment. judgment mpati p (maya, majiedt and pillay jja and erasmus aja concurring): [1] this appeal is against an order of the eastern cape high court, mthatha (dawood j), in terms of which the appellant, king sabata dalindyebo municipality (the municipality), was directed to pay to the first respondent (landmark) a total sum of r141 781 201,85, as damages, plus interest and costs of suit. landmark had joined the municipality as the first third party in an action in which landmark was sued by the second respondent (bulk earthworks) for payment of certain moneys as damages that bulk earthworks had allegedly suffered as a result of an alleged breach of contract. two other parties, namely the provincial government of the eastern cape and the government of the republic of south africa, were also joined as the second and third third parties respectively. at the close of the case for bulk earthworks, absolution from the instance was granted in favour of the second and third third parties. they consequently do not play any part in this appeal. in its order the court below directed the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north west high court, mafikeng (leeuw jp sitting as court of first instance). the following order is made: (1) the appeal is dismissed, save to the extent reflected in the substituted order set out in 3 below. (2) each party is to bear its own costs. (3) the order of the court below is set aside and substituted as follows: the application is dismissed and each party is ordered to pay its own costs. judgment navsa ja (maya and tshiqi jja, plasket and swain ajja concurring): [1] this appeal is directed against a judgment of the north west high court mafikeng, (leeuw jp), which refused with costs an application by the appellant, the magaliesberg protection association (mpa), to review and set aside a decision of the first respondents predecessor. the decision in question was one dismissing an internal appeal against an earlier decision by the second respondent to grant environmental authorization ex post facto, to the third respondent, kgaswane country lodge (pty) ltd (kgaswane) to construct an hotel and conference centre. [2] the first respondent is the member of the executive council: department of agriculture, conservation, environment and rural development, north west provincial government (the mec). the second respondent is the chief director (the chief director) in that department. the appeal is before us with the leave of this court. the detailed background is set out hereafter. [3] the mpa is a voluntary association established in 1975, brought into .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... judgment leach ja (brand and shongwe jja, willis and van der merwe ajja concurring): [1] the appellant is the road accident fund, an organ of state established under s 2(1) of the road accident fund act 56 of 1996, having as its primary function the provision of compensation to persons injured through the negligent driving of motor vehicles. ..... the claim forms, together with various supporting documents, including copies of the police accident report form, plan and key as well as the plaintiffs police statement and an affidavit by her explaining the circumstances under which the collision had occurred, were posted to the appellant on 19 august 1998. ..... ] in october 1998, but although he recorded his opinion that whatever fits she might have had were not related to the accident, subsequent entry in p[... .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from south gauteng high court, johannesburg (hodes aj sitting as court of first instance) the appeal is dismissed with costs including those of two counsel. judgment lewis ja (ponnan, shongwe and saldulker jja and zondi aja concurring) [1] if there are substantive reasons to believe that a contract has been induced by fraud, does a clause in the contract requiring the parties to submit any dispute between them to arbitration bind the aggrieved party? this appeal turns on that question and on a construction of the arbitration clause itself. the south gauteng high court (hodes aj) found that allegations of fraud (inducing the contract between the parties) made by the respondent, standard bank of south africa ltd (the bank), against the appellant, north east finance (pty) ltd (north east), did not appear unfounded, and constituted sufficient grounds for it not to compel the bank to submit to arbitration. the high court thus declined the application by north east to compel such a reference. the appeal is with leave of the high court. the factual matrix [2] the questions to be determined must be considered against the factual matrix or context of the contract, termed a settlement agreement by the parties. in summary, this was that north east conducted business by financing the acquisition of goods by concluding rental agreements with end-users. north east discounted the debts owed to it by end-users with the bank in terms of an agreement of cession. the business between .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... dr kaiser testified that a patient who is admitted after a motor vehicle accident should receive a complete clinical examination once a complete history of the patient had been obtained. ..... [13] dr molete testified that patients involved in motor vehicle accidents were prone to neck fractures and injuries to the thorax and to the pelvis. ..... [12] dr molete examined the appellant for what he called very serious life threatening conditions because she had been a victim of a motor vehicle accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north gauteng high court, pretoria (prinsloo and makgoba jj sitting as court of appeal): the appeal is dismissed. judgment mthiyane dp (shongwe, majiedt jja, van der merwe and meyer ajja concurring) [1] this appeal brings into focus yet again the rule that an accused person has the right not to be tried for an offence in respect of any act or omission for which that person has previously been acquitted or convicted,1sometimes referred to as the double jeopardy rule. this case has its origin in the regional court, potchefstroom, where the appellant, mr boisile amos plaatjies, stood trial on charges of murder, assault with intent to do grievous bodily harm and unlawful possession of a firearm, in contravention of s 2 read with ss 39(2) and 40 of the firearms and ammunition act 75 of 1969. the appellant was convicted on all counts and was sentenced to 7 years imprisonment on count 1, 1 years imprisonment on count 2 and 3 years imprisonment on count 3. [2] the appellant appealed to the then transvaal provincial division of the high court against both convictions and sentences. the appeal was upheld and the convictions and sentences were set aside. the court (van rooyen aj with van zyl aj concurring) found that the trial magistrate had committed a fatal irregularity when he sat without assessors. he had done so without first obtaining the appellants consent as required by s 93 ter (1) of the magistrates court act 32 of 1944. the requirement is expressed in the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: western cape high court, cape town (baartman j, sitting as court of first instance): 1. the appeal is upheld with costs. 2. the order of the court below is set aside and substituted with the following: (a) erf 2002, mossel bay, held by the first respondent in terms of deed of transfer t4823/1941 is to revert to the applicant due to the first respondents failure to comply with the provisions of clauses (b) b(1) and (2) of the said deed of transfer, by not using erf 2002 for church or educational purposes. (b) the first respondent is ordered to take all steps necessary to effect registration of transfer of erf 2002 into the applicants name within 30 days of this order. (c) in the event of the first respondent failing to comply with paragraph (b) above, the sheriff of mossel bay is authorised to sign all the necessary documents on behalf of the first respondent. (d) erf 2003, mossel bay, held by the first respondent in terms of deed of transfer 8366/1938, is to revert to the applicant due to the first respondents failure to comply with the provisions of clause b(a) of the said deed of transfer, by not using erf 2003 for church purposes. (e) the first respondent is ordered to take all steps necessary to effect registration of transfer of erf 2003 into the applicants name within 30 days of this order. (f) in the event of the first respondent failing to comply with paragraph (e) above, the sheriff of mossel bay is authorised to sign all the necessary documents on .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from western cape high court, cape town (binns-ward j sitting as court of first instance) the appeal is dismissed with costs. judgment lewis ja ( ponnan and willis jja concurring) [1] this appeal concerns the validity of a sale of a house in execution of a judgment debt. the only issue to be determined is whether the failure to comply with one of the requirements for such sales vitiated the sale which should accordingly be set aside. sales of immovable property in execution of judgments are governed by rule 46 of the uniform rules of court. non-compliance in this matter, which was admitted, was in respect of rule 46(7)(e) which requires that: not less than 10 days prior to the date of the sale, the sheriff conducting the sale shall affix one copy of the notice on the notice-board of the magistrates court of the district in which the property is situate, . . . and one copy at or as near as may be to the place where the said sale is actually to take place. a copy was not affixed at or near the property to be sold in execution. all other requirements of the rule were met. [2] the appellant, ms elizora todd, formerly a co-owner of the property, brought an application in the western cape high court for an order that the sale be set aside. binns-ward j held that the failure by the deputy sheriff to affix the notice at or as near as may be to the property did not go to the root of the matter and did not invalidate the sale by auction that took place. the appeal against the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north gauteng high court, pretoria (bam aj sitting as court of first instance) 1 save to the extent set out in paragraph 2, the appeal is dismissed with costs, including the costs of two counsel. 2 the order of the court below is amended to read: (a) save to the extent set out in paragraph (b), the application is dismissed with costs, including the costs of two counsel.(b) every reference to solid tyres in the second respondents integrated industry waste tyre management plan, approved by the first respondent and published in government notice 988 in government gazette 35927 of 30 november 2012, is set aside.judgment plasket aja (mpati p, nugent and tshiqi jja and saldulker aja concurring) [1] this appeal concerns the regulatory framework for the environmentally compliant management of tyres that are no longer fit for their purpose and the powers and functions of the minister of water and environmental affairs, the first respondent (the minister), in relation to integrated industry waste tyre management plans. (although referred to in the papers as iiwtmps, i shall refer to them simply as plans.) such plans are of importance from the perspective of the fundamental right, enjoyed by everyone, to an environment that is not harmful to their health or well-being entrenched in s 24(a) of the constitution and the ministers obligations in terms of s 7(2) of the constitution to respect, protect, promote and fulfil this and the other rights contained in s 24. [2] the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: north gauteng high court (pretoria) (goodey aj sitting as court of first instance): the appeal is dismissed with costs. judgment ponnan ja (majiedt ja, erasmus, swain and zondi jja concurring): [1] the outcome of the dispute in this appeal turns on an interpretation of s 118(3) of the local government: municipal systems act 32 of 2000 (the act) read with s 118(1). to the extent here relevant those subsections provide: '(1) a registrar of deeds may not register the transfer of property except on production to that registrar of deeds of a prescribed certificate (a)issued by the municipality or municipalities in which that property is situated; and (b)which certifies that all amounts that became due in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid. (1a) a prescribed certificate issued by a municipality in terms of subsection (1) is valid for a period of 60 days from the date it has been issued. (3) an amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties is a charge upon the property in connection with which the amount is owing and enjoys preference over any mortgage bond registered against the property. [2] the facts giving rise to the dispute are either common cause or undisputed. during 2010 the first .....
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