Court : South Africa Supreme Court of Appeal
..... appropriate order required to give effect to a right, as contemplated in this act or the consumer protection act, 2008 ..... whom debt counselling services were provided, and not to enter into any agreement or engage in any activity which might prevent him from acting in the best interests of the consumers to whom these services were provided (general condition a 5); to submit reports and returns prescribed by the regulations or required by the regulator (general condition a ..... regulations applicable to the operation of the business of a debt counsellor (general condition a 1); to perform debt counselling in a manner consistent with the purpose and requirements of the nca and to act professionally thereby ensuring that he would not bring the regulator or debt counselling into disrepute (general condition a 2); not to engage in any activity which would conflict with the interests of consumers to ..... is not able to maintain his/her full monthly obligations to his/her creditors; and whereas the client has requested that the attorneys act on his/her behalf with regards to the clients creditors; wherefore the client hereby grants to the attorneys a mandate to inter alia: 1 ..... c m van heerden and n campbell guide to the national credit act (2008) at 5-9. ..... (2008) 20 sa merc lj 227 at 238-240; j m otto and r-l otto the national credit act explained (2013) at 41-2 and 64-5; michelle kelly-louw with contributions by philip stoop .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... she then continues in the letter: accordingly, i advise that upon the referral taking place it is my intention, in terms of section 14(2)(d) of the act, to recommend to the court that it would be appropriate to resolve the claims by ordering that the leases be set aside and that the land in question be restored to such claimants or group of claimants as to the court ..... in her letter dated 2 june 2008 the commissioner responded, inter alia, that she was inclined to refer the kwalindile community land claim to the land claims court and that once that was done it would be appropriate to resolve the claims by ordering that the leases be ..... [24] in mv snow crystal: transnet ltd t/a national ports authority v owner of mv snow crystal [2008] zasca 27; 2008 (4) sa 111 (sca) scott ja said the following (para 28): (a)s a general rule impossibility of performance brought about by vis major or casus fortuitus will excuse performance of ..... also no explanation why the municipality failed to act upon the advice of the land claims court and invoke the provisions of s 34 of the act immediately after the negotiations the court had ordered had been aborted in january 2008, and why it did so only in september 2008, when landmark had already served its third party notice at least on the second and third third parties in february 2008. ..... was made clear in a letter addressed to the municipal manager, dated 2 june 2008, which was in response to the municipalitys notice to the commissioner of 10 december .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... a court asked to review and set aside the initiation of the sunset reviews would in the exercise of its discretion have held that there had been undue delay in bringing review proceedings.102the appropriateness of setting aside these duties in the exercise of any discretion vested in the court would have had to be considered.103i mention this merely to indicate that even if my view on the validity of these ..... the minister accepted the boards recommendations a request would be made to the minister of finance to implement those recommendations by way of an appropriate amendment to the second schedule.78 [107] when one reads the second schedule there is no indication that the anti-dumping duties contained ..... if the minister accepted the report and recommendations of the board he could request the minister of finance to amend schedule 2 appropriately, which the minister of finance was permitted to do by notice in the gazette.4 [7] whenever the board on tariffs and trade published a notice in the gazette to the effect that it was investigating the imposition of ..... to hear the case advanced by the glass and poultry industries, and it is appropriate to decide the matter on that basis if their submissions are correct. ..... daniel greenberg craies on legislation (9th ed, 2008) relying on the following statement by brett lj in attorney-general v lamplough (1877-78) l r 3 ex d 214 (ca) at 219: with respect to calling it a schedule, a schedule in an act of parliament is a mere question of drafting .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [16] the citys budget for 2009/2010 was prepared and approved in accordance with a timetable which provided for the following key events: 25 september 2008 - issuing of budget and tariffs guidelines 7 november 2008 - submission of draft tariffs, budgets and business plan templates to budget office 24 november to 3 december 2008 - budget panel meetings 16 march 2009 - submission of final draft tariffs, budgets and business plans to the budget office 16 march 2009 - tabling of draft budget, tariffs ..... how the estimated rates income, primarily from business and residential, had declined, and how the percentage contribution of the rates from business properties had declined from approximately 50% in 2006/07 and 2007/08 to approximately 40% in 2008/09 and how this would continue in 2009/10 if the rates increase of 10% was implemented but would be restored to just under 50% if the additional increase of 18% was imposed. ..... section 26 (1) of the finance act provides: (1) if by the start of the budget year a municipal council has not approved an annual budget or any revenue-raising measures necessary to give effect to the budget, the provincial executive of the relevant province must intervene in the municipality in terms of section 139(4) of the constitution by taking any appropriate steps to ensure that the budget or those revenue-raising measures are approved, including dissolving the council and 1. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... , professor van niekerk afforded all 38 of those whom he found guilty of misconduct the opportunity to sign a formal acknowledgement and undertaking, on or before 13 august 2008, in which they (i) dissociated themselves from the letters addressed by the appellant to the respondent on 23 may and 3 june 2008; (ii) accepted their wrongdoing, (iii) apologised to professor ram, (iv) undertook in future to use the grievance procedures provided for in both the staff policy document and ..... mr maenetjesc, who appeared for respondent, agreed that the pivotal issue in this case is whether the conduct of the dismissed employees on 3 june 2008 when they petitioned mr sikonela, expressed a vote of no confidence in professor ram, urged the board of the respondent to ensure that june 30th, 2008 is the last day of his employment and said in that letter that we are no longer prepared to spend a day with professor ram in the ..... vast majority of the allegations made concern archetypal workplace grievances, which ought appropriately to be addressed and if possible resolved by the use of internal ..... respondent to chair the disciplinary enquiry as an independent person, he found dismissal to be the appropriate sanction. ..... [12] acting through its attorneys, the respondent then sent a letter dated 6 june 2008 to the appellant in which it referred to the history of the matter since 20 march 2008 and described the ultimatum concerning the employment of professor ram as constituting an act of insubordination by all .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... sacr 552 (sca) para 15 which dealt with the proper approach to determining whether there are substantial and compelling circumstances that warrant a deviation from the minimum sentence prescribed by the criminal law amendment act 105 of 1997: there this court said that it is incumbent upon a court in every case, before it imposes a prescribed sentence, to assess, upon a consideration of all the circumstances of the ..... and accordingly, in determining, in respect of the charge of robbery with aggravating circumstances, whether substantial and compelling circumstances warrant a lesser sentence than that prescribed by the criminal law amendment act 105 of 1997 (15 years imprisonment for robbery), the test is not whether on its own that period of detention constitutes a substantial or compelling circumstance, but whether the effective sentence proposed ..... ) [15] in s v dlamini, now reported in 2012 (2) sacr 1 (sca), cachalia ja questioned the appropriateness of the rule of thumb (applied by the high court in s v brophy above) that the time spent in custody awaiting trial is equivalent to twice that length because of the harsher ..... the assumption that a life sentence was the appropriate sentence that the high court should have imposed upon each accused, and bearing in mind that this court has sanctioned the deduction of time spent in custody as a substantial and compelling circumstance for offences contemplated in ss 51 and 52 of the criminal law amendment act 105 of 1997 (s v vilakazi . . . .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... while the subject-matter of a power is not relevant to determine whether constitutional review is appropriate, it is relevant to determine whether the exercise of the power constitutes administrative action for the purposes ..... ground for my disagreement with my colleague lies with his approach that we can determine whether the director-generals decision in this case under the refugees act was administrative action, by referring to another case, dealing with a different decision taken in terms of a different statute about a different subject matter. ..... plessis v de klerk:31 'the judicial function simply does not lend itself to the kinds of factual enquiries, cost-benefit analyses, political compromises, investigations of administrative/ enforcement capacities, implementation strategies and budgetary priority decisions which appropriate decision-making on social, economic, and political questions requires. ..... will need to be prepared as well as a system for monitoring whether the operations of such offices is appropriate in the light of the overall need for them. ..... establishment of refugee reception offices and the appointment of appropriate persons to perform the functions required by that act. ..... with the means selected simply because they do not like them, or because there are other more appropriate means that could have been selected. ..... they allege that since 2008 an annual average of only 110 entered the country ..... of the republic of south africa[2007] zacc 20; 2008 (1) sa 566 (cc) para 81. 37. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... effect that the minimum sentencing legislation has had in sentencing, most importantly that statistics show that inmates serving sentences of life imprisonment has increased more than ninefold from 1998 to 2008.17and he reiterated that even in the context of minimum sentencing legislation the importance of assessing each case on its own peculiar facts and circumstances and the need for proportionality must never ..... analysis, the authors of the commentary on the criminal procedure act conclude, correctly in my view, that the vast difference in the two approaches and ultimate sentences in nkomo can be explained with reference to the problems created by minimum sentence legislation, ie, legislative interference in the discretion of courts to determine an appropriate sentence.9 [17] it is necessary to reiterate a few self- ..... need to decide on the imposition of an appropriate sentence based on the particular facts of each ..... true retribution is effected only by the imposition of an appropriate sentence, by a sentence which is in proportion to what is deserved by the offender.7 [16] the conundrum which minimum sentencing legislation presents (and, one might add, coupled to the present rampant scourge of rape, particularly of young ..... sa 537 (a) at 540g; see also: director of public prosecutions, kwazulu-natal v p2006 (3) sa 515 (sca) para 13; s v m(centre for child law as amicus curiae)[2007] zacc 18; 2008 (3) sa 232 (cc) paras 36, 40 and 116; s v samuels2011 (1) sacr 9 (sca) para 9. 6 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... or her right to restoration of the right in land concerned; or (ii) the court is satisfied that satisfactory arrangements have been or will be made to grant such other claimant restitution of a right in land; (b) the state to grant the claimant an appropriate right in alternative state-owned land and, where necessary, order the state to designate it; (c) the state to pay the claimant compensation; (d) the state to include the claimant as a beneficiary of a state support programme for housing or the ..... not one of them considered that the cpi was the appropriate measure of value of money over time to compensate a developer of property for loss of growth on an ..... legislature left it to the department and the land claims court to consider all the options available and determine an appropriate method having regard to the relevant provisions of the restitution act. ..... in department of land affairs and others v goedgelegen tropical fruits (pty) ltd,3 a case involving a claim for restoration of land under the restitution act, moseneke dcj stated that the declared purpose of the restitution act is to provide restitution and equitable redress to as many victims of racial dispossession of land rights after 1913 as possible. ..... range of socially relevant factors should consequently be taken into account, such as resettlement costs and, in appropriate circumstances, solace for emotional distress. ..... and others v haakdoornbult boerdery cc and others [2008] zacc 5; 2008 (4) sa 488 (cc) paras 25 and 26. 8 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... she opines:13in my view this is a type of case where imprisonment for life would have been appropriate but for the careless manner in which the staff in the office of the national director of public ..... in material part the indictment reads: 'whereas the accused were convicted in the regional court, nigel of an offence referred to in schedule 2 of the criminal law amendment act 105 of 1997, to wit the offence of rape the facts being that upon or about 1 may 2000 and at or near blue gun view, duduza, in the regional division of gauteng, the ..... in my view this is a type of case where imprisonment for life would have been appropriate but for the careless manner in which the staff in the office of the national director of ..... and i think it is implicit in these observations that where the state intends to rely upon the sentencing regime created by the act a fair trial will generally demand that its intention pertinently be brought to the attention of the accused at the outset of the trial, if not in the charge-sheet then in some other form, so that the ..... appropriate that this court considers sentence afresh having regard to the provisions of s 51(2) of the act. ..... antedated in terms of s 282 of the criminal procedure act to 27 february 2008, this being the date when the appellants were originally ..... antedated in terms of s 282 of the criminal procedure act 51 of 1977 to 27 february 2008, this being the date when the appellants were originally ..... on 27 february 2008, the appellants were sentenced .....
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