Court : South Africa Supreme Court of Appeal
..... according to thobanes affidavit earle had informed faris of a trust deficit of r400 000 as at july 2009 and that he was in the process of arranging finance to reimburse the trust banking account. the shortfall is also admitted by earle in his answering affidavit (he has described it as a replying affidavit) but hepple ..... look into the matter and revert to faris in due course. subsequently mr van der westhuizen furnished faris with bank reconciliation statements for the years ended june 2007 through to 2010. he told faris that the bank reconciliation statements had not been prepared or had not properly been prepared and that he had been obliged ..... of an investigation into the accounting and financial records of the firm. these uncovered a number of irregularities amounting to contraventions of the certain provisions of the act and the rules of the law society (the rules). these included the existence of substantial trust deficits in their books of account; misappropriation of trust funds; .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... v shield insurance co ltd 1980 (2) sa 814 (a) which dealt with the prescription of a dependants action under the compulsory motor vehicle insurance act 56 of 1972. section 25 of that act required that before action could be instituted against an authorized insurer for damages suffered as a result of a motor accident, the plaintiff had to send ..... of prescription was upheld, and that the costs of the hearing would stand over for later determination. [10] i turn now to the relevant legislative provisions. section 15(1) of the prescription act provides: the running of prescription shall, subject to the provisions of subsection (1), be interrupted by the service on the debtor of any process whereby the ..... both the high court and this court. [5] in july 2003 the bank issued a credit card to mr ramurunzi. in december of the following year the bank financed his purchase of a jaguar x type motor vehicle. the credit card was linked to a journey card for the jaguar. in february 2008 the bank wrote to mr .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... of your letter dated 2 september 2010 and have noted the contents therein. we transmit herewith a copy of the liquidators report in terms of section 402 of the companies act and advise that the first and final liquidation and contribution account has been withdrawn pending the application for the discharge of the liquidation order.' walkers ..... operation agreement awake solutions would refer its clients to altron for purposes of financing the purchase of security equipment from the former. the co-operation agreement also provided for and regulated the sharing between its parties of profits generated by altron ..... and related equipment to its clients. during 2002 it concluded a written agreement (co-operation agreement) with a company known as corporate finance solutions, which later changed its name to altron one finance solutions (pty) ltd (the fourth respondent in this appeal, to which i shall refer as altron). in terms of the co- .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... against being an arm-chair critic in the coolness of the court-room after the fact, however there must be a reasonable relationship between the attack and the defensive act. [9] the trial court preferred the states version, rightly so in my view, to that of the appellants and rejected that of the appellant as highly improbable ..... court (pretoria) which convicted the appellant of attempted murder and sentenced him to 4 years imprisonment in terms of s 276(1)(i) of the criminal procedure act 51 of 1977 (the act) on 11 june 2004. with the leave of the trial court, the appellant appealed against the conviction and sentence to the north gauteng high court (pretoria). ..... that appeal was dismissed on 29 january 2007. the appeal before us is with the leave of the court a quo on 12 september 2007. [2] the factual background is .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 256 of the 1955 criminal procedure code, but that these remarks must not be elevated to an absolute rule of law. section 256 has now been replaced by s 208 of the criminal procedure act 51 of 1977. this section no longer refers to the single evidence of any competent and credible witness?; it provides merely that an accused ..... evidence was left unchallenged. essentially, dr nyembe confirmed that he is a qualified medical doctor with three degrees and that he examined the complainant on 27 december 2007. he described the injuries he observed on the complainant as huge haematomas with severe or gross oedema at several and multiple locations on the back. these locations ..... failed to produce it, he ordered him to leave. [4] the state called two witnesses, the complainant and dr nyembe, who treated him on 27 december 2007. [5] the appellant testified that he was employed by a security company called vaal rand security, which was contracted by murray and roberts to undertake security work .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... case, the reason for wesbank and nissan diesel concluding the supplier agreement was to provide wesbank with the security of being the owner of the vehicles, before providing finance to motor dealers. the agreement said so explicitly and had a clear commercial purpose namely the provision of appropriate security for a financial transaction, in the form of ..... learned judge meant by a disguised? transaction. a transaction is not necessarily a disguised one because it is devised for the purpose of evading the prohibition in the act or avoiding liability for the tax imposed by it. a transaction devised for that purpose, if the parties honestly intend it to have effect according to its tenor, ..... with the agreement, the ownership in the goods shall not pass to the dealer but shall be and remain with the bank, and nothing herein contained nor any act or omission of the bank shall be deemed to vest ownership in the goods in the dealer until such payment shall have been made. [5] the five trucks .....
Tag this Judgment!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
..... tax returns. was it permissible for it to do this by way of objection and appeal rather than by asking for a reduction in the assessments? [21] section 79a of the act deals with the reduction of an assessment by the commissioner: reduced assessments (1) the commissioner may, notwithstanding the fact that no objection has been lodged or appeal ..... in the appeal. [6] having formed the vehicle to develop the project a source of chrome tailings was identified on the farm kroondal 34 (the kroondal dump). as regards finance, capital was to be raised from the public via otr mining ltd (otr) a company which was listed on the johannesburg stock exchange (jse), of which gardner had previously ..... from chrome mining tailings. together with mr ricky gardner he decided to exploit his concept, but in order to do so a source of chrome tailings, as well as finance to construct a plant to process the tailings had to be found. [5] the project was designated as rk1 and a shelf company was acquired by mr gardner .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... payable by 15 june 09 after acceptance hereof which amount is to be deposited at the conveyancing attorneys. the amount will be invested in accordance with section 78(2)(a) of the attorneys act no 53 of 1979, as amended, pending the registration of transfer of the property in the name of the [respondents]. the deposit and any ..... was allowed to drag on. eventually the default judgment was set aside and thereafter, on 18 september 2009, standard bank agreed to grant the respondents the necessary finance. despite this, it appears that the respondents were unhappy with standard banks interest charges and sought to arrange an alternative source of funding at a better rate. ..... led to the first defendant being appointed for this purpose. [4] importantly, the sale was made conditional upon the respondents being able to raise the necessary finance to pay the purchase price. in this regard clause 3 of the agreement provided as follows (i quote the clause verbatim; drafted by the estate agent through .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... an ordinary unpaid bankers overdraft.[33]the case was decided before the repeal of the usury act 73 of 1968 in terms of s 172(4)(a) of the nca. section 2(1)(a) of the usury act provided for the regulation of the annual finance charge rate (largely coextensive with interest) by a money lender under the direction of the ..... knot investments (pty) limited (slip knot) in terms of which the respondent lent winskor r12 million for a twelve month period from 10 july 2006 to 9 july 2007. slip knot had lent winskor the money to assist with the funding of a property development in brooklyn. winskor defaulted on its obligation to repay the loan together with ..... that slip knot required on this loan. needless to say, winskors dreams of a speedy and substantial profit dissipated during the course of the world economic downturn that commenced in 2007 and the result is the present litigation. in it slip knot seeks to recover what it lent, together with interest, from mr and mrs paulsen (the paulsens), who .....
Tag this Judgment!