Court : South Africa Supreme Court of Appeal
..... section 188(1) of the lra. 11. section 188(1) of the lra. 12. these were substituted by s 44 of the labour relations amendment act 12 of 2002. 13. section 191(1) of the lra. 14. section 115(1)(a) and 135(1) of the lra. 15. section135(5) of ..... at 261d-e and slomowitz v kok1983 (1) sa 130 (a) at 132c-d where claims for damages in terms of the motor vehicle insurance act 59 of 1972 were negligently allowed to prescribe. 24. in terms of s 191(11)(b) read with s 158(1)(f) of the ..... dispute. once it accepted that mandate fawu was obliged to perform its functions faithfully, honestly and with care and diligence (david trust v aegis insurance co ltd [2000] zasca 108; 2000 (3) sa 289 (sca) para 20). it mattered not that it was not to receive any ..... the other relevant factors. [41] the approach of the court to the grant of condonation was summarised by this court in melane v santam insurance co ltd 1962 (4) sa 531 (a) at 532: in deciding whether sufficient cause has been shown, the basic principle is that .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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. because there is no express provision allowing for condonation, said the ..... support. she subsequently delivered another notice in the prescribed form claiming damages for loss of support, amended the summons so as to exclude the claim for loss of support, and issued a second summons in respect of that action. the insurer raised a special plea that the claim for loss of support had prescribed. [18] this ..... after the period of prescription has run. even 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 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... (1) sa 1068 (v) at 1071b; devonia shipping ltd v mv luis (yeoman shipping co ltd intervening) 1994 (2) sa 363 (c) at 369f-i. 6. trans-african insurance co. ltd v maluleka 1956 (2) sa 273 (a) at 279a-b. see also four towers investments, fn 5 para 16 and dumasi, fn 5 at 1071c-d. 7. associated ..... in dispute that the combined summons was served on the appellant. prescription was therefore interrupted in terms of s 15(1) of the prescription act. the question of prejudice which would otherwise be caused by the amendment does not arise. [19] in the result the appeal must fail and the following order is made: the appeal is dismissed, with costs ..... which is claimed in the amendment is the same or substantially the same debt as originally claimed, and provided, of course, that prescription of the debt originally claimed has been duly interrupted.7in neon and cold cathode illuminations (pty) ltd v ephron 1978 (1) sa 463 (a) trollip ja, referring to churchill v standard general insurance co. ltd 1977 (1) .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... defendant; (b) allowing service of the pleadings on it within 10 days; and (c) granting bell estates leave to amend its particulars of claim. [7] in the court below madondo j correctly stated that s 15(1) of the act entails three requirements for prescription to be interrupted. they are: (a) a process; (b) served on the debtor ..... ) ltd and another 2002 (4) sa 166 (c) the court (comrie j) rejected that view and held that the joinder application was a process whereby a creditor claimed payment of a debt and that its service had interrupted prescription. both courts sought to place reliance on cape town municipality and another v allianz insurance co ltd 1990 ( ..... concerned two consolidated actions, the essential relief claimed by each plaintiff being an order declaring that allianz was liable to indemnify the plaintiffs in terms of an insurance policy in respect of all loss or damage suffered as a result of two storms. the issue for determination was whether service of a process whereby the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... bank ltd (national director of public prosecutions as amicus curiae) [2006] zacc 24; 2007 (3) sa 484 (cc); (2007 (3) bclr 219) para 47. 6. parole and correctional supervision amendment act 87 of 1997. 7. s v botha 2006 (2) sacr 110 (sca) para 25. 8. s v mhlakaza and another 1997 (1) sacr 515 (sca) ([1997] 2 all sa ..... of statutes, contracts and wills 1995 at 69; jaga v d nges no and another; bhana v d nges no and another 1950 (4) sa 653 (a) at 662; aetna insurance co v minister of justice 1960 (3) sa 273 (a) at 284. 4. natal joint municipal pension fund v endumeni municipality 2012 (4) sa 593 (sca) para 18. 5 ..... . . the spirit, purport and objects of the protection of a right to a fair trial therefore have to be considered. [12] section 276b of the act was introduced by the parole and correctional supervision amendment act6which came into operation on 1 october 2004. it was introduced after this court had expressed disapproval about sentencing courts fixing non-parole periods, which practice .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... to stifle the debate, but rather to enforce a specific requirement of a statute that (i say yet again) the constitutional court has held passes constitutional muster (once amended) , and thereby to uphold the rule of law. [49] although it is strictly speaking unnecessary for me to do so, i would briefly record my respectful disagreement ..... and if such condonation is granted by the body in whose benefit the provision was enacted . . . . (the principle is discussed in more detail in sa eagle insurance co ltd v bavuma 1985 (3) sa 42 (a) at 49g-50d.) the argument was that eskom had by its conduct tacitly waived compliance with the 180-day period ..... first and second respondents (media 24) against the appellants (billiton) in the south gauteng high court (kgomo j) in terms of the promotion of access to information act 2 of 2000 (paia). media 24 had made a request to eskom holdings limited (eskom), the third respondent, for information concerning two contracts concluded during the 1990s that .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... relation to matters 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 of debts arising ..... ms roux it was argued that, in the absence of a definition, a minor in its ordinary meaning was a person under the age of 21 years. for the insurance company it was argued that a minor was a person who was not a major in the legal sense of having achieved their majority. a person was accordingly no longer ..... resisted on the basis that when the claim arose mr malcolm had until one year after he turned 21 to institute action and this was not affected by the statutory amendment to the age of majority. reliance was placed on the broad principle that statutory changes are presumed not to prejudice acquired rights and on the provisions of ss 12 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... as a witness was criticised. a point was made that absa suppressed the full reports of its forensic investigation and insurance claims in respect of mistrys fraud and could well have been reimbursed for all its losses, including for the respondents ..... raised estoppel to this denial in their replication. and it appears from the affidavit filed in support of the amendment application that this was a deliberate choice by mahomed and his legal representatives. significantly, on several occasions thereafter, absa ..... the 2006 tax year. he was then constrained to admit that he did not make full disclosures regarding the 2002/2003 tax returns and perpetrated yet another fraud on sars. [12] mahomeds evidence that the amounts reflected in ..... it further denied the conclusion of the alleged investment agreements alternatively, if they were so concluded, mistrys authority to act as its authorised agent or representative when contracting with the respondents and the payment to it of the funds represented .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in the period between the passage of the interim constitution and the time when permanent municipal structures and systems were put in place. as it happened, the transition act was amended on numerous occasions and remained operative, at least in part, until 2011. i shall deal with its application in due course. [4] the farm owners refused ..... c), there had at least been substantial compliance. it relied on the decision in nokeng in this regard as well.7this court, referring to nkisimane v santam insurance co ltd,8held that mere failure to comply with one or other administrative provision does not mean that the whole procedure is necessarily void. in determining whether a ..... the high court are set aside. the following orders are substituted: a. the imposition of rates by the applicant on the respondents in the financial years from 2002/2003 to 2008/2009 was lawful. b. the respondents are ordered to make payment to the applicant of the amounts set out against their names, and corresponding .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... , kwazulu-natal and others v pillay [2007] zacc 21; 2008 (1) sa 474 (cc) para 40. 5. treasury regulations, gn r225, gg 27388, 15 march 2005; as amended by gn r146, gg 29644, 20 february 2007. 6. the third requirement, namely approval by the chief executive officer, is not an issue in the case because the letter agreement ..... with an order dismissing the application with costs, including the costs of two counsel. 1. regulations in terms of the social assistance act 13 of 2004, gn r162, gg 27316, 22 february 2005. 2. in 2002, all major banks in south africa and sapo agreed to co-operate to provide a standard, low cost bank account, known as ..... mean that the whole procedure is necessarily void. it depends in the first instance on whether the act contemplated that the relevant failure should be visited with nullity and in the second instance on its materiality (see in general nkisimane v santam insurance co ltd1978 (2) sa 430(a) 433h-434e). as mentioned, the regulations deal in detail .....
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