Court : South Africa Supreme Court of Appeal
Decided on : Apr-16-2014
..... extra-curial statement. he thereafter held the statement to be admissible against his co-accused, purportedly in terms of s 3 of the law of evidence amendment act 45 of 1988 (the act). [27] the first appellant chose not to testify in his defence. all the other accused testified and denied any involvement in the incident. it appears ..... . ndhlovu (supra) makes no attempt to reconcile the incongruity between the bar created by section 219 of the criminal procedure act 51 of 1977 and its application of section 3 of the law of evidence amendment act 45 of 1988. moreover, in dealing with the constituent parts of section 3, ndhlovu offers no guidance as to how ..... “ his only fiction being the substitution of the accused for the culprit.? [49] because the challenge in ndhlovu concerned the constitutionality of s 3 of the act, and because the enquiry focused primarily on that issue, no attention was paid to the earlier decisions of our courts in which the rule against allowing admissions and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-27-2014
..... of 1977, being the date upon which the sentences were imposed. 1. this section was repealed on 31 december 2007 by section 2 of the criminal law (sentencing) amendment act 38 of 2007. 2. section 51(1) provides: notwithstanding any other law, but subject to subsection (3) and (6), a regional court or a high court shall sentence a person ..... following the conviction, the regional magistrate stopped the proceedings and committed the appellant for sentencing by a high court in terms of s 52(1)(b)1of the criminal law amendment act 105 of 1997 (the act). [2] in the high court, lukoto j confirmed the convictions of the appellant in terms of s 52(2)(b) of the ..... count one. the accused is sentenced to an effective 30 years imprisonment. 2. the sentence is antedated to 29 june 2001, in terms of s 282 of the criminal procedure act 51 of 1977, being the date upon which the sentences were imposed. judgment saldulker ja (navsa and leach jja concurring): [1] this is an appeal directed against sentence only. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-19-2014
..... provided for, the recent revision to the regulations has no bearing whatsoever on the issues to hand. [26] in terms of s 17(1) of the act, after its amendment by the amendment act, a third party (ie person in the position of the plaintiff) is entitled to compensation for a non-pecuniary loss only for a serious injury as ..... in substitution of the high courts order. he has asked simply that the high courts order relating to the award for general damages be set aside. [34] the amendment act, read together with the regulations, has introduced two paradigm shifts that are relevant to the determination of this appeal: (i) general damages may only be awarded for injuries ..... a joint minute, prepared by experts from both sides, on the question of whether the injuries were serious or not. as duma makes clear, in terms of the amendment act and the regulations, the position is now that unless the fund is so satisfied [ie that the injuries are serious] the plaintiff simply has no claim for general .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-14-2014
..... that have their origin in past events. frequently that question is resolved by way of transitional provisions in an amending law. the act provides a clear example of this. it repealed and replaced the prescription act 18 of 1943. in s 16 it dealt with the implications of this by providing that prescription in respect ..... statute and accordingly the reliance on this section in argument on behalf of mr malcolm is misplaced. the prescription act has neither been repealed nor amended. all that has happened is that the section in the act has been interpreted in the light of changed circumstances and constitutional values. that is not a situation covered by ..... of debts arising before the commencement of the act would be dealt with under the 1943 act and debts arising after its commencement would be dealt with under the act. no doubt had there been an amendment of the act when the childrens act came into operation there would have been a similar provision governing the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-14-2014
..... whether it had the power to determine the date from which royalties were payable. in the latter regard the following facts are relevant. even though parliament amended the act and the ppa in 2002 to provide for needletime royalties, it was not until 1 june 2006 that the minister published regulations that provided for accreditation ..... time when sound was relayed from a vinyl record via a stylus on a record player. lobbying by musicians, performers and the recording industry saw the amendments to the act and the ppa, referred to earlier, being effected in 2002, to protect performers and owners of copyright in sound recordings. record companies were motivated by ..... to pay copyright royalties to the recording industry and performers for the use of sound recordings in their broadcasts.[1]this changed with legislative amendments to the copyright act 98 of 1978 (the act) during 2002. the applicable provisions will be dealt with in due course. the present appeal and the related cross-appeal, with .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-28-2014
..... )[18]which is empowered, inter alia, from time to time on a regular basis [to] review existing rules of court and subject to the approval of the minister, make, amend or repeal rules regulating the practice and procedure in connection with litigation [and] the form, contents and use of process.[19]the present question falls squarely within this ambit and ..... then arose before this court was whether the appeal should be entertained at all. in regard to that question and the provisions of s 21a(1) of the supreme court act 59 of 1959, brand ja, in delivering the unanimous judgment of this court, stated the following:[24] it can be argued, i think, that s 21a is premised ..... whether the termination of the right of residence of an occupier was just and equitable within the meaning of the s 8(1) of the extension of security of tenure act 62 of 1997 “ where the occupier had vacated the property by the time the appeal was heard and had no interest in its outcome, which would have no practical effect .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-28-2014
..... be dispositive of this point raised by tanzer. moreover, in imperial bank ltd v barnard and others nno,[12]the court was faced with an application for an amendment of the particulars of claim to reflect the name of the close corporation where the liquidators had been cited in their own names followed by the letters nno. ..... state logistics over all other creditors of the company and that fraud unravels all. the liquidators have accepted that the directors, in paying state logistics r4 500 000, acted improperly. as has already been mentioned, they have instituted an action to recover that amount. [32] it is common cause that the company has no staff, has ..... completed a statement of affairs reflecting that as at 13 february 2009 the company was hopelessly insolvent and that its liabilities exceeded its assets. section 352 of the act provides that the voluntary winding-up of a company commences at the time of registration of the special resolution. [6] the liquidators estimated that as at the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-25-2014
..... the cross-appeal succeeds with costs, such costs to include those consequent upon the employment of two counsel. 3. paragraph 2 of the order of the court below is amended to read as follows: the orders made by the court a quo are set aside and the following substituted orders are made: 1. the eighth and ninth respondents are ..... excluded agreements. i appreciate that in the definition of credit provider in s 1 the term is only defined in relation to a credit agreement to which this act applies and that is a strong indication that the credit providers that are obliged to register do not include those that confine their activities to the conclusion of excluded ..... trusts by relying on thorpe v trittenwein,[16]which confirmed the common law principle that unless the trust deed requires otherwise, all trustees of a trust are required to act jointly in order to incur liability for the trust. the court of first instance failed to apply the in duplum rule, in terms of which arrear interest ceases .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-06-2014
..... “ region 1 advised the municipality by letter that the competent authority for the administration of lupo had resolved to refuse both the applications for rezoning and the amendment to the relevant condition of approval. the last paragraph of the letter reads: your municipality should instruct the applicant to apply for a contravention levy (as ..... the appellant who deposed to the opposing affidavit, stated that mr mupariwa, director: planning services, the relevant official of the municipality, did not regard the proposed amendment to the sdp as sufficiently material to warrant notice thereof being advertised or served on other land owners in the area. however, on 24 january 2010, after ..... requires that building plans comply with the requirements of the act and any other applicable law. there is no evidence that the provisions of ss 17[3]and 39[4]of lupo were considered before the decision to approve was taken. once the decision to amend the sdp was rescinded, the approval of the plans .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Feb-28-2014
..... public servants since 1912, save that the commission discharges the functions that the public service commission discharged in relation to public servants. [14] by the magistrates amendment act 35 of 1996. [15] government employees' pension fund v strydom2001 (3) sa 856 (sca) para 20. [16] constitution of the republic of south africa ..... report to parliament on whether the magistrate should be removed from office (s 4(1)(f) read with s 13(3)(a) of the magistrates act as originally enacted). [13]this was amended in 1996[14]to provide that the commission could provisionally suspend a magistrate pending an investigation into the magistrates fitness to hold office (s 13( ..... government (minister of justice) v schierhout 1922 ad 179 at 184 it was held that similar treatment of a magistrate was degrading. [33] this provision has subsequently been amended although the grounds for discharge remain the same. the section is referred to as it stood at the time. [34] this is a power combined with a duty. .....
Tag this Judgment!