Court : South Africa Supreme Court of Appeal
..... [24] for the legal basis of the policy consideration based on the blameworthiness of buthelezis state of mind, country cloud sought to find support in the following statement by this court in minister of finance v gore no 2007 (1) sa 111 (sca) para 86: we do not think that it can be stated as a general rule that, in the context of delictual liability, state of mind has nothing to do with wrongfulness. ..... on appeal it was common cause, however: (a) that sections 38 to 44 and the practice notes issued by national treasury bestowed the authority to deviate from the prescribed procedure on the accounting officer; (b) that in terms of s 36 of the act, buthelezi was indeed the accounting officer; and (c) that buthelezi therefore had the authority to ignore the dacs advice that the completion contract should again go out to tender. ..... it then emerged that the legal basis for the defence had nothing to do with departmental policy but instead derived from a myriad of statutory provisions, including the public finance management act 1 of 1999 (the act); the preferential procurement policy framework act 5 of 2000; regulations promulgated under these acts; practice notes issued by the national treasury; and so forth. ..... to establish a duty of care [or, wrongfulness in the parlance of our law] in cases of pure economic loss are not limited to cases where imposing a duty of care would expose the defendant to indeterminate liability or interference with its legitimate acts of trade. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the executive mayor of the first respondent, mr booi koerat (second respondent), the municipal manager of the first respondent, mr sidney fadi (third respondent), the acting municipal manager of the first respondent, ms colleen dreyer (fourth respondent), mr vernon stuurman, a member of the mayoral committee of the first respondent (fifth respondent), mr patrick kota, a member of the ..... in this context, and in its replying papers, the applicant, for the first time, makes reference to section 66 of the municipal systems act and appears to contend that on an interpretation of that section any appointments which are made in the absence of an organogram are automatically invalid including the ..... dated 24 july 2012 and on the face of it appears to be a minute of a meeting of the finance, administration, monitoring and evaluation committee, a standing committee of the municipality, to the extent here relevant, reads: organogram ..... received advice from its legal representatives in terms of which it was made to understand (correctly) that the continued appointment of acting municipal managers in these senior positions was not lawfully permissible and that steps had to be taken to resolve this urgently. ..... and liable to be set aside and are therefore null and void in that these decisions were taken contrary to the provisions of the local government : municipal systems act 32 of 2000 (the systems act) and the first respondent's own policies and rules of order in those respects set out below. 22. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... a credit providers claim against a consumer prescribes in circumstances where, although summons has been issued and served on the consumer prior to the elapse of three years from the debt becoming due in terms of the prescription act 68 of 1969, the credit provider has complied with the provisions of s 129 of the nca only after the proceedings have been adjourned by a court in terms of s 130(4) to enable the credit provider to send the ..... judgment lewis ja (ponnan, bosielo and saldulker jja and mocumie aja concurring): [1] section 129(1) of the national credit act 34 of 2005 (nca) provides that if a consumer is in default in paying a debt, a credit provider may (interpreted, as i shall indicate later, to mean must) draw the default to the attention of the consumer by notice which sets out the ..... also distinguished cases that have dealt with the effect of non-compliance with notice provisions in other legislation, such as the institution of legal proceedings against certain organs of state act 40 of 2002, where express provision is made for a court to condone non-compliance with notice provisions. ..... in december of the following year the bank financed his purchase of a jaguar x type motor ..... an excipiable summons, or one that is amended so as to introduce a new cause of action (where substantially the same debt is being claimed) has the effect of interrupting prescription (see cgu insurance ltd v rumdel construction (pty) ltd 2004 (2) sa 622 (sca) para 5 and the cases cited in it). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... mr g d esterhuysen (esterhuysen), who at all material times was employed by the ardc in the capacity of manager, corporate services and finance, and the only witness who testified about the alleged consensual cancellation of the sale agreement, explained in his evidence that the new course adopted by the ardc board of directors entailed benefiting communities who ..... instead shakers successor as acting managing director, mr m b j maloa (maloa), recommended that the sale of shares to boyes should not be approved and that the shares be used to promote black economic empowerment in the province. ..... its acting managing director at the time, dr shaker (shaker), had the requisite authority to approve the conclusion of the intended sale agreements on behalf of the ardc. ..... the ardc was established in terms of the northern transvaal corporation act no 5 of 1994. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... generally speaking, 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 the intention on the part of the transferee of accepting ownership of ..... one of the many damning items of correspondence is a letter from attorney joop lewies to andrag, dated 26 november 2004, from which it is plain that van der merwe knew by then that the bank had paid the full invoice amount, acting to its detriment on the fraudulent misrepresentation contained in e2 (the signed declaration), and yet this fact was disclosed only on 30 june 2010 in ..... fraud on the part of van den berg, suggesting that he must have completed and signed annexure e2 and dated it 16 november 2004 as if van der merwe had signed the declaration on that date. ..... where the purchaser (the trust) and seller (andrag) have colluded in order to solicit excess loan financing from the (bank) . . . ..... annexure g, and an important backdrop thereto, is annexure e2, the declaration purportedly signed by van den berg and van der merwe on 16 november 2004 and handed to the bank on that date. ..... the declarations were purportedly signed on 16 november 2004 by mr paul van den berg, an andrag technician, and by mr cornelis van der merwe on behalf of the trust as its only .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that is taken up in the public finance management act 1 of 1999, which provides in s 51(1)(a)(iii) that the accounting authority of a public entity (which includes sassa) must ensure that the public entity has and maintains an appropriate procurement and provisioning system which is fair, equitable, ..... a contract is set aside was expressed by this court in millenium waste management,18 and later in moseme road construction,19 but what was said in the former case bears repeating: 20 the difficulty that is presented by invalid administrative acts, as pointed out by this court in oudekraal estates, is that they often have been acted upon by the time they are brought under review. ..... the body that invited the tenders was the south african social security agency (sassa) established under act 9 of 2004. ..... the bec can hardly be said to have acted unfairly if it proceeded without having been asked not to do so ..... a decision to accept a tender is almost always acted upon immediately by the conclusion of a contract with the tenderer, and that is often immediately followed by further contracts concluded by the tenderer in executing the ..... that was the same in acting chairperson: judicial service commission ..... whether a person acts fairly or unfairly depends upon the situation with which he or she is ..... has also been held that public procurement constitutes administrative action as contemplated by the promotion of administrative justice act 3 of 2000 (paja) and must comply with the provisions of that act. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... as serveco had been wound up on 23 may 2006 a fact which was pointed out to the official in a letter before serveco was deregistered and the consequence of a winding-up is not deregistration, but a dissolution in terms of s 419 of the companies act, ss (1) of which provides: in any winding-up, when the affairs of a company have been completely wound up, the master shall transmit to the registrar a certificate to that effect and send a copy thereof to the liquidator.? deregistration, on the ..... surgical clinic (pty) ltd and others [2012] 3 all sa 183 (wcc) para 21 that the word re-registered used in paragraph (c) of the definition of company relates to the reinstatement of registration by the cipc provided for in terms of s 82(4) of the act, cannot be correct, regard being had to the meaning of the words re-registration and re-instatement in the context in which they appear in the ..... 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). ..... during february 2004 fintech, in terms of a sale and assignment agreement it concluded with altron, acquired and assumed altrons rights and obligations under the co-operation agreement. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... person who employs 50 or more employees; (b) a person who employs fewer than 50 employees but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of the schedule 4 of this act; (c) a municipality, as referred to in chapter 7 of the constitution; (d) an organ of state as defined in section 239 of the constitution, but excluding local spheres of government, the national defence force, the national intelligence agency and the south ..... [73] having regard to the constitutional principles that underpin public administration and organs of state, and the provisions of the saps act referred to in the preceding paragraph, it can hardly be contended that a senior position such as the one under discussion was not given serious consideration ..... minister of finance and another v van heerden [2004] zacc 3; 2004 (6) sa ..... , tshiqi and theron jja and zondi aja concurring): [1] this appeal, which deals with the application of the employment equity act 55 of 1998 (eea) and an employment equity plan (eep) devised in terms thereof, is a peculiarly south african ..... for purposes of representivity it appears, from the purpose and provisions of the act, that the distinctive population groups are considered in relation to each other and ..... : (2) it is not unfair discrimination to- (a) take affirmative action measures consistent with the purpose of this act; or (b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the inappropriate granting of leave to appeal to this court has been adversely commented on regularly in the past.8section 20(2)(a) of the supreme court act 59 of 1959 requires a high court granting leave to appeal to direct that the appeal be heard by a full court unless it is satisfied that the questions of law and of fact and the other considerations involved in the appeal are of ..... as was explained by this court in minister of finance and others v gore no,2a judgment recently referred to with approval by the constitutional court:3 [a]pplication of the but for? ..... however, on 22 october 2004 the road was declared to be a national road under s 40(1) of the south african national roads agency limited and national roads act 7 of 1998, whereupon the respondent assumed responsibility for the maintenance and care of both the road and its reserve. ..... minister of finance v gore no 2007 (1) sa 111 (sca) para 33. 3. ..... [4] before october 2004 the r510 and its road reserve had been the responsibility of the limpopo provincial government. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... ltd 1921 ad 387 at 395-6; grosvenor motors (potchefstroom) ltd v douglas 1956 (3) sa 420 (a) at 424g; lendalease finance ltd v corp de mercadeo agricola 1976 (4) sa 464 (a) 489-90. ..... the appellant is presently registered as its owner and bmw financial services, which financed the transaction under an instalment sale agreement, as titleholder. ..... [3] the respondent handed over the vehicles original registration and licensing documents to amod upon its delivery at the latters request, purportedly to enable him to source finance for payment of the purchase price. ..... this representation was the proximate cause of his acting to his prejudice, it was argued. ..... and despite choonaras later fraud it remained the cause which induced him to act to his detriment, he argued. ..... [7]the appellant therefore failed the first hurdle in the discharge of his duty to establish a representation by the respondent and his reliance thereon which was the cause of his acting to his prejudice. ..... representation must be made negligently in the circumstances; (c) the representation must have been relied upon by the person raising the estoppel; and (d) such persons reliance upon the representation must be the cause of his or her acting to his detriment. .....
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