Court : South Africa Supreme Court of Appeal
..... negligent discharge of a firearm whilst under the influence of alcohol or narcotic drugs. 59. see, too, j neethling risk-creation and the vicarious liability of employers 2007 (70) thrhr 527. 60. saps circular dated 2 june 1997 issued by the national commissioner, saps dealing with salary grading systems and criteria for the payment ..... and security v carmichele45) that purport to be founded upon vicarious liability, but might better be said to have been founded upon direct liability of the state, acting through the instrument of its employees.46in an illuminating article fran ois du bois47construes those cases as reflecting [a] subtle but vital shift . . . in which ..... and england reflect a principial shift by introducing into the enquiry duties on the part of the employer. cases in which that has occurred all concern intentional acts of employees which are usually difficult to conceive as having been committed within the course of the wrongdoers employment (or, on the salmond test referred .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... beneficiaries, without having followed a procurement process which complies with s 217(1) of the constitution, s 51(1)(a)(iii) of the public finance management act 1 of 1999 (the pfm act) and the treasury regulations made thereunder, or with sassas own supply chain management policy. it is common cause that sassa did not follow a competitive ..... to process cash payments. nevertheless, paymaster as contractor is dissatisfied because sassa did not follow a competitive process before entering into the letter agreement. section 217(1) of the constitution 15. section 217(1) of the constitution prescribes the manner in which organs of state should procure goods and services.3in particular, organs of state must do ..... 2006 (2) sa 311 (cc); 2006 (1) bclr 1 para 96 (chaskalson cj) and 434 - 437 (ngcobo j); sa national defence union v minister of defence and others 2007 (5) sa 400 (cc) para 51; naptosa and others v minister of education, western cape, and others 2001 (2) sa 112 (c) at 123i j; 2001 (4) .....
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
..... appellant of the rebranding. the respondents, in an answering affidavit, ascribed this to an insignificant oversight which had been rectified. [12] section 21a(1) of the supreme court act 59 of 1959 provides that [w]hen at the hearing of any civil appeal to the appellate division or any provincial or local division ..... . the result was that, in october 2006, it changed its name to alliance group ltd. it conducts the business of property auctions, business sales, property finance, property inspections and valuations in kwazulu-natal and elsewhere in the country, including the eastern cape. [5] the second respondent was incorporated in 2000 under the ..... not that of a very careful or a very careless purchaser but an ordinary purchaser of the types comprising the potential clients. [28] prior to september 2007, the appellant, trading as alliance property group, provided a comprehensive range of property-related services. the respondents traded as auction alliance and concentrated on selling .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the business, its assets, and immovable property at elandsfontein from mr p.a. goosen. at present we are sorting out the best financing structure to fund the equipment and immovable property. no financing has yet been concluded by our company. however negotiations are at an advanced stage. according to our records the total outstanding to your ..... properly given and, therefore, on the case pleaded, had failed to prove a lack of just cause for the payments, and second that, even if goosen acted beyond his authority in receiving the payments to and appropriating them to liabilities not the subject of agreement, the plaintiff had not been impoverished by such receipts or ..... the sale of business agreement; (2) whether joubert was aware of the terms of the agreement at any material time; (3) goosens authority, if any, to act on behalf of the plaintiff in relation to the payment of the debts for the payment of which the plaintiff had taken responsibility; (4) jouberts understanding of goosens .....
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
..... from the date of its commencement 1 july 2004. after that date the municipality determined the rates payable in terms of the provisions of ss 22 to 24 of the finance act. section 22 makes provision for the publication of a municipalitys annual budget, and requires a municipality to invite the local community to submit representations in connection with the budget (s 22 ..... imposed and that the municipality could recover the amounts payable from the farm owners; but that the municipality had not complied with statutory requirements in imposing rates in the 2006/2007, 2007/2008 and 2008/2009 years and could thus not recover them. the high court granted leave to the farm owners to appeal in respect of the 2004/2005 and 2005 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... of mining capital expenditure as more fully set out below. [8] the operation of the scheme of the act in relation to the deduction of mining capital expenditure lies at the heart of this appeal. section 15(a) authorises a deduction from the income derived by a taxpayer from its mining operations of an amount ..... the amounts of capital expenditure determined under subsection (7c) in respect of any year of assessment in relation to any one mine shall, unless the minister of finance, after consultation with the minister of mineral and energy affairs and having regard to any relevant fiscal, financial or technical implications, otherwise directs, not exceed the ..... off only against the income from that mine unless the minister of finance, in consultation with the minister of mineral and energy affairs and having regard to the relevant fiscal, financial and technical implications, otherwise decides. in silke, the operation of the section is described thus:6 it limits the deduction of the aggregate .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the registrar not warned of the issues raised but the court is deprived of the assistance of amici curiae such as the reserve bank, the minister of finance and the minister of trade and industry, all of whom would have had an interest in the relief sought.3 [16] the appellants approach ignores all ..... shortcomings in the appellants new case. [21] the heads of argument do not consistently identify the relevant section or sections in the act which, it is contended, have not been properly interpreted and then in relation to each such section explain how, by the application of the rules of interpretation, the relevant provisions would acquire a different meaning ..... appellants cost structure is and what amounts have been paid to the second appellant for its administrative expenses. [10] it further appears from the affidavit that in 2007 the members or directors of the appellants became concerned about whether their business was lawful they do not say when, but it was probably when they received .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... act. 14. section 15 of the finance act. 15. section 16(1) of the finance act. 16. section 16(2) of the finance act. 17. section 17(1) of the finance act. 18. section 17(3)(a),(b) and (c) of the finance act. 19. section 18 of the finance act. 20. section 21(1) of the finance act. 21. section 22(a) of the finance act. 22. section 23(1) of the finance act. 23. section 23(2) of the finance act. 24. section ..... 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 ..... properties was increased because the percentage contribution from the rates on business properties to the total rates income had declined from what it was in 2007/8 and the purpose of the increase was to restore the percentage contribution from business properties on the total rates income. this re-alignment .....
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