Court : South Africa Supreme Court of Appeal
..... and implement a tariff policy on the levying of fees for municipal services provided by the municipality which complies with the systems act, the municipal finance management act and any other applicable legislation. section 74(2) lays down what the tariff policy must reflect. amongst other things, it provides that consumers must be treated ..... right of access to water protected in the constitution, subject to applicable norms and standards, including in relation to tariffs. [14] section 11 of the water services act imposes important aspects of the duty progressively to ensure access to water services on water services authorities. that is made expressly subject to ..... a tariff policy on the levying of fees for municipal services which complies with the systems act, the municipal finance management act 56 of 2003 and other applicable legislation. [11] in terms of s 74(2) of the systems act, tariff policies must reflect various principles including (but not limited to) the following: (a .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... be achieved by applying the absa house price index. in the alternative, they sought an order adjusting the amounts by applying for compensation in terms of section 12(3) of the expropriation act and in the further alternative the consumer price index (cpi). the matter came before the land claims court (mia aj sitting with an assessor). ..... richtersveld community and others [2003] zacc 18; 2004 (5) sa 460 (cc) para 98. 3. department of land affairs and others v goedgelegen tropical fruits (pty) ltd [2007] zacc 12; 2007 (6) sa 199 (cc) para 42. 4. para 84. see also bato star fishing (pty) ltd v minister of environmental affairs [2004] zacc 15; 2004 (4) ..... and land reform and others,14 which re-affirmed the principle that interest is the life-blood of finance. [21] these cases do not assist the appellants as they involved commercial transactions and interest in terms of the expropriation act. both crookes and mokala dealt with mora interest. the parties in these cases had concluded contracts of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... required for such purpose. as stated, the court below held that the churchs stated intent (which the court accepted) was that it planned to recommence schooling once its finances permitted it to do so and the church consequently still required the land for such (educational) purpose. apart from the problem with the impermissible excision, pointed out above, ..... were in as bad a state as the municipality alleged. this option emanates from the provisions contained in s 12 of the national building regulations and building standards act 103 of 1977. the municipalitys failure to resort to this option, said the judge, is at odds with the case it sought to make out in its ..... in the court below during february 2010, by which time the properties had been in disuse for over four years already. it was incumbent upon the municipality to act in the interest of its residents, in order to fulfil its constitutional mandate towards them, as set out in s 152 of the constitution. the municipality can certainly .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... chartered accountants that: . . . [the transaction] . . . indicates a situation where the purchaser (the trust) and seller (andrag) have colluded in order to solicit excess loan financing from the (bank) . . . which funding was intended in the first instance to be utilised by the seller andrag to cover the full actual price of the pivots with the ..... the requirements for the valid passing of ownership of a movable thing are: delivery actual or constructive of the thing by the owner or someone duly authorised to act on his or her behalf coupled with a so-called real agreement or saaklike ooreenkoms, consisting of the intention on the part of the transferor to transfer ownership and ..... could it be, that van den berg had the requisite authority to sell pivots on andrags behalf. what he did not have, was the authority to act illegally in selling pivots. therefore, whatever is contended in annexure g cannot in law detract from the banks rights of ownership of the pivots. counsel for the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... costs of two counsel. 2. the order of the labour appeal court is set aside and substituted as follows: the appeal is dismissed with costs. [1] section 25 of the saps act provides: (1) the national commissioner may issue national orders and instructions regarding all matters which- (a) fall within his or her responsibility in terms of the ..... discrimination. (5) discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. [10] in minsterof finance and another v van heerden [2004] zacc 3; 2004 (6) sa 121 (cc) the constitutional court, in dealing with the approach to be taken in relation to claims ..... enhanced service delivery.(my emphasis) [34] it is necessary to record that, after post 4701 was advertised, the saps issued guidelines for equity targets for the 2006/2007 financial year which were said to be in line with the eep. it was agreed between the parties that the table set out hereafter correctly sets out the saps .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... constitutes a gross misdirection: such conduct would have spread within the community with vulpine affidity [sic] this invariably creates mistrust from the part of society towards atlas finance thereby affecting the continuance and prosperity of his business. human nature is such that society will distrust this business and steer away from it although the perpetrator have ..... revoked after conviction on 15 august 2006. she was sentenced on 6 september 2006. in an appeal to the high court, bail was granted on 19 january 2007. all in all, she has been in custody for five months and approximately two weeks. we are of the view that the sentence this court should impose on ..... . in the same vein, the state did not tender any evidence to the effect that were it not for the appellants persistent and fraudulent cover, the criminal act may have been detected and halted much earlier. again, this is speculation. thirdly, there is not a shred of evidence that the appellant forged the signatures of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... respondent is ordered to cancel 58 047 shares in the second respondent which were purchased at an auction on 12 november 2004, in terms of the provisions of section 85 of the companies act 61 of 1973; alternatively the issue whether the 58 047 shares in the second respondent which were purchased at an auction sale on 12 november 2004 were purchased ..... reported at the senwes board meeting of 2 december 2004 that an amount of some r17 million was owed by senwesbel to senwes in respect of the buy-back transactions financed by senwes. [9] the second offer was made on 15 december 2005 with a closing date of 25 february 2005. the terms of the second offer differed from those ..... (29 november 2012) para 38. 17. aquatur (pty) ltd v sacks and others 1989 (1) sa 56 (a) at 62. 18. bowring no v vrededorp properties cc and another 2007 (5) sa 391 (sca) para 21. 19. amalgamated engineering union v minister of labour 1949 (3) sa 637 (a) at 659 and see transvaal agricultural union v minister of agriculture .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... for the transactions embodied in this agreement acquiring force and effect that the approval of the commissioner of inland revenue be obtained in terms of section 39 of the taxation laws amendment act, act 20 of 1994. it is not in dispute that the commissioner approved the rationalisation scheme on 27 october 1998. sceb managed the entire ..... of bec. the trial court, moreover, rejected the contention that an amount of r1,5m was insufficient for the establishment of a buying organisation. the manner of financing the new organisation was detailed in exhibit s, and it was specifically stated that the capital of the company did not have to be substantial. the founding ..... retroactivity in regard to the rights of the contracting parties. schalk van der merwe, l fvan huyssteen, m f breinecke and g flubbe contract general principles 3ed (2007) p 488 refer to wolfgang fikenscher and andreas heinemann schuldrecht (2006) para 59 ii a 1 who state: an agreement, according to which the claim should be .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on the business of spitskop recklessly or with intent to defraud the investors and are both civilly and criminally liable in terms of section 424 read with s 441 of the companies act 61 of 1973; that the promoters, and possibly others, did not comply with the requirements of notice 459 and therefore committed a ..... the benefit of the investors who invest in the scheme. to achieve their object the promoters must enter into a multiplicity of agreements, first, to obtain the necessary finance from the investors, and then to acquire, develop, market and sell the property or properties. against that background i shall first consider the contravention of notice 459 ..... [14] in the meantime, spitskop had from 3 july 2006 disbursed large amounts to bluezone and the various professionals that it had employed. by 31 december 2007 spitskop had received r351 491 254 and disbursed r269 939 305. despite making little or no progress with the development, spitskop continued to disburse its funds. although .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... . against that background i shall first consider the question of infringement. [9] the first appellant relied on s 34(1)(a) of the act for its case based on trademark infringement.2the section provides that the rights in respect of a trademark are infringed by the unauthorised use in the course of trade in relation to goods in respect ..... for many years and, as a result, the trademarks and the get-ups of their clothing and footwear are very well known in this country. in about october 2007 the appellants discovered that ackermans and pep stores were selling trainers and soccer boots which prominently featured two and four parallel stripes which the appellants considered to be an ..... observed that the colours were not always faithfully reproduced in the photographs. 7. see the definitions of mark and trade mark in the act. 8. 2011 (2) sa 463 (sca) at 470g-471a. 9. act 37 of 1997. 10. 2007 (6) sa 263 (sca) para 5. 11. see also puma ag rudolf dassler sport v global warming (pty) ltd 2010 ( .....
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