Court : South Africa Supreme Court of Appeal
..... part ii of schedule 2 prescribes a minimum sentence of 15 years' imprisonment for first offenders convicted of offences contained in that schedule. 2. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in fact the judgment on sentence is replete with speculative utterances ranging from the manner in which the offence was committed to its impact on the complainant and community. ..... whilst the offences committed by the appellant involve dishonesty, it should be borne in mind that the loss to which she pleaded guilty is r2900 the total of the amounts she received as performance bonuses. ..... [9] the trial court, in our view, over-emphasized the seriousness of the offence. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: western cape high court (cape town) (van der westhuizen aj sitting as court of first instance): the appeal is dismissed with costs, including the costs of two counsel. judgment malan ja (brand, nugent, lewis, and majiedt jja concurring) [1] this is an appeal by the defendants in the court a quo, against the judgment and order of van der westhuizen ja in the cape high court, declaring the defendants liable to the respondent, the plaintiff in the court below, for damages caused by their breaches of undertakings in restraint of trade. [2] the dispute between the parties arose from the purchase on 23 november 1995 by shoprite checkers (edms) bpk (sceb) of the businesses of sentra koop handelaars bpk and megasave (edms) bpk (the sentra/megasave sale). the first defendant was the managing director of and shareholder in both the latter companies, the second defendant was a shareholder and director and the third defendant an employee. the two companies were buying organisations, megasave conducting a wholesale and sentra a retail business. a buying organisation acts as a broker between the supplier and the dealer. the dealer becomes a member of the buying organisation which negotiates prices to be paid with the supplier. the buying organisation pays the supplier and thus accepts the credit risk of the member who must reimburse it. the buying organisation earns its revenue from rebates and allowances made by the supplier, part of which is passed on to its members. [3] .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it is trite that the state bears the onus to prove beyond reasonable doubt that the appellant committed the offence with the necessary intention. ..... [6] the court in mms case was correct in the approach it took because in rape cases penetration is a vital aspect of proving or disputing the offence. ..... however, attempted murder is a serious offence. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [14] i say peculiar, because s 16(2) of the inquests act required the magistrate to determine whether the death of the deceased was brought about by any act or omission amounting to an offence on the part of any person. ..... and that: the death [of the deceased] was brought about by an act prima facie amounting to an offence on the part of unknown persons. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:north gauteng high court, pretoria (mothle j sitting as court of first instance): the appeal is dismissed with costs including the costs of two counsel. judgment malan ja (petse, saldulker jja et van der merwe aja concurring) [1] this appeal concerns a fraud perpetrated on both the appellant and the respondent by an international fraudster, who had been sought by interpol and the south african and other police services. mr joe hanley, the respondent, is an irish solicitor. the appellant, which was the defendant in the court below, is absa bank limited, a south african bank with its offices for its private bank based in parktown, johannesburg. the fraudster was introduced to hanley as roger wilcox but he was known to absa as jean- claude olivier alain la cote. la cote was subsequently arrested but escaped. his present whereabouts are unknown. [2] hanley claimed an amount of us$ 1,6 million that absa, without his authority, debited to and transferred from his currency investment account held at absa private bank. fortunately, some of the proceeds of la cotes elaborate fraud were recovered and hanleys claim was eventually agreed in an amount to us$ 896 500. [3] mothle j, sitting in the north gauteng high court, upheld hanleys claim. he found that, although hanley had been negligent in some respects the proximate cause of hanleys loss was the negligence of the appellants employees. the background [4] on 23 june 2003, hanley was introduced to andri tte fourie, an .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: eastern cape high court, port elizabeth (revelas j sitting as court of first instance): the appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel. judgment ponnan ja, (shongwe, willis jja and van der merwe and meyer ajja concurring): [1] the appellant, the democratic alliance (the da), a registered political party and official opposition in this country, sought to review and set aside the appointments of the eleventh to fifteenth respondents1by the first respondent, the kouga municipality (the municipality), as managers contemplated by s 56 of the local government: municipal systems act 32 of 2000 (the act). the eastern cape high court (per revelas j) dismissed the application, but granted leave to the da to appeal to this court. neither the eleventh to the fifteenth respondents, nor any of the other respondents2who were cited in the application and against whom no relief was sought, took any part in the proceedings either in the court below or in this court. [2] mr nicolaas botha, the da's representative on the municipality's council, alleged in the founding affidavit in support of the application: '20. the purpose of this application is to review and set aside the resolutions of the mayoral committee of the first respondent taken on 11 june 2012 and of the council of the first respondent taken on 29 june 2012 appointing the eleventh to fifteenth respondents respectively as director : social services; .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:a full court of the south gauteng high court, johannesburg (tsoka j with carelse j and d rfling aj concurring, sitting on appeal against a judgment of sibeko aj): 1. the appeal is upheld with costs. 2. the order of the court a quo is set aside and replaced with the following: the appeal is dismissed with costs. judgment brand ja(maya, wallis, petse jja et zondi aja concurring): [1] the appellant, medx (randburg) (pty) ltd (medx), instituted action in the south gauteng high court, johannesburg, against the respondent, dr a s branfield (branfield) for payment of about r365 000. the claim arose from a lease agreement between medx and a company, dr a s branfield incorporated (the company). the basis upon which medx sought to hold branfield personally liable for the debts of the company arose from the provision in the memorandum of association of the company to the effect that the directors of the company shall be liable jointly and severally with the company for the debts and liabilities of the latter contracted during their periods of office. the provision is, of course, prescribed for companies designated incorporated or inc by s 49(4) read with s 53(b) of the companies act 61 of 1973. [2] while admitting that he was a director of the company when the debt in favour of medx was incurred, branfield nonetheless denied liability. in essence his denial rested on an express oral agreement between him and mr brian wylie (wylie), the director in control of medx, that .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from:north gauteng high court, pretoria (makgoba j sitting as court of first instance): the appeal is dismissed with costs that include the costs of two counsel. judgment maya ja (lewis, petse jja, erasmus and swain ajja concurring): [1] this appeal is the latest step in various, protracted court skirmishes between the parties. the appellants appeal against a judgment of the north gauteng high court, pretoria (makgoba j) which dismissed their claim for a cession of book debts worth r123 million and payment of all funds received from debtors in respect of those debts, alternatively payment of the sum of r123 million and interest. the appeal is with the leave of the court below. [2] the two appellants are part of the knox darcy group of companies which conducts business as profit improvement implementation consultants worldwide. the first appellant is a swiss company that carries on business as an international management consultant. the second appellant was incorporated according to the company laws of south africa and has its principal place of business in johannesburg. it provides administration and marketing services to and carries out its consultancy assignments in south africa through the first appellant. the respondent (the land bank) is a state owned corporate entity. it is mainly concerned with promoting and facilitating access to ownership of land for the development of farming enterprises for agricultural purposes and provides financial services and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... there is no suggestion in her evidence that there was any appreciable length of time between the acts of rape to constitute two separate offences. .....
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