Court : South Africa Supreme Court of Appeal
..... [3] the cession agreement was amended from time to time. ..... in particular an addendum (the collection addendum) was added in 2003, and it entitled north east to collect payments directly from debtors (end-users). ..... that agreement was in turn amended in may 2007. ..... more importantly, it was required because s 7 of the arbitration act 1996 introduced a completely new principle in england. ..... see christies the law of contract in south africa6where the authors write of rescission of a contract induced by fraud (if a contract is void there is nothing to rescind), but point out that where the fraud results in a fundamental mistake, it cannot be anything but void from .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the right to have access to health care services, which, it has been said, includes a right to have access to affordable medicines.32in its heads of argument the tac submitted that the patents act must be construed through the prism of the constitution and in a way that appropriately balances the rights of a patentee against the constitutional rights of others, and that it must be interpreted and applied ..... by witnesses, but by the court, and are to be given their natural and ordinary meaning.17 [25] i have already found, when dealing with the s 51 application, that the invention of the amended claim remains a composition with the same constituents and effect as stated in the original claim, and that the added words merely describe what was previously silent. ..... that rainham chemical works ltd (in liq) v belvedere fish guano co ltd (1921) 2 ac 465 (hl) is in accordance with our law and i quote at page 476: "if the company was really trading independently on its own account, the fact that it was directed ..... he summarised the case put forward by cipla as follows: the applicant contends in the founding affidavit that the amended claim 1 is intended to cover an unmixed collection of the specified ingredient substances which mr puckrin sc on behalf of the applicant referred ..... amendment will be in conflict with s 51(7) of the act if the specification as amended would include any claim not wholly within the scope of a claim included in the specification before amendment ..... sasol ltd 2003 bip 11 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... to the effect that even a public duty to render rescue services does not exclude the right to equitable remuneration, unless the rescuer is obliged to act without compensation.31fourth, counsel drew attention to the roman law principles of negotiorum gestioon which, certain writers32have suggested, the law of salvage is based: it is not only the man who has involved himself and administered anothers affairs of his own free will and under no compulsion ..... of the harbour, then any user in distress is entitled to invoke the duty in order to procure assistance for himself.27 [45] the conclusion that the court a quo was correct in finding that the appellant acted pursuant to both statutory and common law duties leaves the possibility of an argument based simply on action undertaken which exceeded the normal scope of such duties. ..... effect of art 5 read with s 2(1) of the wreck and salvage act to amend or supersede the common law. ..... see for example brice, maritime law of salvage 3 ed 1-01, 1-206; kennedy and rose 8.001; the mv mbashi; transnet ltd v mv mbashi 2002 (3) sa 217 (d) 224b-c; j reeder, brice on maritime law of salvage 4 ed (2003) 1-184; halsburys laws of england, vol 94, 5 ed (2008) para 932 fn 2; w a joubert (ed) law of south africa, vol 25 (2) (2006) first re-issue, ..... reeder, brice on maritime law of salvage 4 ed (2003) 6 fn 28 and the authorities ..... the travaux preparatoires of the convention on salvage, 1989 (2003), publication of the comite maritime international, (the cmi): .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the essentials of estoppel: a representation by words or conduct, made by absa as the principal that mistry had the authority to conclude the unlawful agreements, that their belief in the representation was reasonable and that they acted on that belief to their prejudice.10a party which knows that a transaction is unlawful or is part of an unlawful scheme and is aware or should reasonably be aware that the principal of the agent with whom ..... instead they threatened, through their attorneys, to liquidate absa and lay criminal charges against its directors and chief executive officer for breach of the provisions of the financial intelligence centre act 38 of 2001 (fica).1 [6] absa denied any liability to the respondents who then turned to the high court and launched application proceedings for payment of their respective claims as ..... mas i see it, the real issue in the parties dispute, in light of their pleadings, having regard to the refusal of the amendment application to introduce estoppel to mahomeds replication, and the evidence adduced at the trial, is whether mistry was duly authorised to represent absa ..... the letter, malan ja was a director at hrsc-rau research unit for banking law between 1987 and 1997 and willis ja was a fellow of the institute of ..... also disputed abduls version that he made the investment transfers in 2003 and 2004 with the use of the old style, barcoded ..... did not make full disclosures regarding the 2002/2003 tax returns and perpetrated yet another fraud on sars .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... this regard it is well- established that where an employee absents herself from work without permission, and in the face of her employers lawful and reasonable instruction, a court is entitled to grant relief to the employee if the failure to obey the order was justified or reasonable ..... [19] in summary, it is contended on behalf of the appellant that the commissioner committed a gross irregularity within the meaning of s 145(2)(a)(ii) of the labour relations act 66 of 1995[2]by misconceiving the true nature of the inquiry: he asked the incorrect question, ie whether the respondent was justified in not reporting for work; and he failed to appreciate the true nature of the inquiry ie, whether or ..... were willing to assist, and the shift-schedule was amended so as to excuse her from working the afternoon shift ..... [6] marlise richter traditional medicines and traditional healers in south africa (2003) at 6 referring to traditional medicine strategy 2002-2003, world health organisation, wh0/edm/trm/2002.1, geneva, p. ..... [7] marlise richter traditional medicines and traditional healers in south africa (2003) at 7 referring to planning for cost-effective traditional medicines in the new century - a discussion paper, who centre for health ..... there were four charges: non-compliance with established procedures, gross insubordination, acting to the detriment of the company and being absent from work for more than three days ..... s m brassey, e cameron, m h cheadle, m p olivier the new labour law 430-431. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the letter of cancellation reads: the purpose of this letter is to inform you that effective immediately we are rescinding our agreement of november 3, 2003 and as such we will not be publishing any further ads for scottco african safaris which includes the issues of july 2004 and october 2004. ..... after discussing instances where a delictual action was granted to a prejudiced contracting party, the learned authors state the following: this exposition is, however, subject to the general rule in south african law that only the intentional interference with the contractual relationship of another in principle constitutes an independent delictual cause of action. ..... [14] one of the historically justified instances recognised in union government was the rule of roman dutch law that an employer could claim damages from a third party who had wrongfully injured his domestic servant ..... [4] pure economic loss in this context relates to financial loss that does not arise directly from damage to the plaintiffs person or property but as a result of the negligent act itself, such as a loss of profit, being put to extra expenses, or the diminution in the value of property. ..... an exception been filed, the respondents would have been entitled, if so advised, to apply for leave to amend their particulars of claim to make the necessary allegations. ..... put simply, the question was whether du plessis j had in fact and in law determined that the minister was liable for scottcos loss of contractual income and profits .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... by hefer ja in commissioner of customs and excise v container logistics (pty) ltd; commissioner of customs and excise v rennies group ltd t/a renfreight 1999 (3) sa 771 (sca), that judicial review under the constitution and under the common law are different concepts, the constitutional court said the following in pharmaceutical manufacturers association of sa: in re ex parte president of the republic of south africa [2000] zacc 1; 2000 (2) sa 674 (cc): the control of public power by ..... courts in order to determine whether the functionary was obliged, when exercising his or her powers, to observe the rules of natural justice, particularly the audi alteram partem principle, and therefore to determine the justiciability of those acts or decisions.11this classification was jettisoned even before the dawn of the new (constitutional) era12and has been characterised as a flawed exercise.13the attempted invocation of the classification by the respondent is of no assistance in resolving ..... is clear from the order sought by the respondent, before and after the delivery of the amended notice of motion, that no order was sought to set aside the proceedings before the ..... the constitution and section 173, and except where this act provides otherwise, the labour court has exclusive jurisdiction in respect of all matters that elsewhere in terms of this act or in terms of any other law are to be determined by the labour court. ..... see also alexkor ltd v the richtersveld community [2003] zacc 18; 2004 (5) sa 460 (cc) .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... if it meant that whole categories of transactions were to be condemned without more, merely because they were motivated by a desire to avoid tax or the operation of some law, that would be contrary to what innes j said in zandberg v van zyl in the concluding sentence of the passage quoted above, namely that: the inquiry, therefore, is in each case one of fact, for the right solution of which no ..... amounts, if any, due in terms of or in connection with the agreement, the ownership in the goods shall not pass to the dealer but shall be and remain with the bank, and nothing herein contained nor any act or omission of the bank shall be deemed to vest ownership in the goods in the dealer until such payment shall have been made. ..... nor can it be rendered illegitimate by the mere fact that parties intend to avoid the operation of the law, and the selected course is as convenient in its result as another which would have brought them within it. ..... [29] the dispute came to this court after a lengthy trial at the end of which the trial judge held that the respondents officials had honestly arranged the companys affairs in a way that fell within the amended regulations and so as to avoid payment of the duty. ..... in determining whether a transaction is simulated, a crucial and often decisive question is whether the parties to the contract intended to give effect to it according to its tenor (see michau v maize board 2003 (6) sa 459 (sca) para 4). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... were that it was an implied, alternatively tacit, term of the lease agreement that (a) the municipality would give landmark vacant possession of the property in the sense that the development work could be conducted and completed lawfully and (b) the municipality was not aware of facts which constituted a reasonable danger that they would render the continuation and completion of the development unlawful or liable to be set aside, alternatively if so aware, then, ..... ) the last paragraph of the letter bears repeating: in those circumstances this office cannot countenance the present proposed developments continuing and i advise that if that happens, then this office will consider acting in terms of section 6(3) of the act.13 during the trial the commissioner, ms linda faleni, confirmed her stance and testified, on 2 november 2010, that should the development continue [w]e will adopt the same attitude, that is, she would apply ..... , on or before 30 november 2007, the [municipality] is granted leave, if so advised, to make application in terms of section 34 of [the act] as amended. ..... in a letter dated 25 august 2003 the commissioner informed the municipality of the zimbane community claim in respect of land known as erf 912 in the magisterial district of umtata and placed on record our interest on the matter relating to the sub-division ..... that there had been some correspondence between the regional land claims commissioner and the municipality during the second half of the year 2003. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [83] then it was submitted that bidders notice 2 had no effect because it did not meet the formalities for amendments to the rfp provided for in clause 14.6: any amendments of any nature made to this rfp shall be notified to all bidder/s and shall only be of force and effect if it is in writing, signed by the accounting officer or his delegated representative and added to this rfp as an ..... does yates, in which the principle in schierhout was applied in the context of a contract and takes the matter no further.12 there was no law (i can leave aside a contract) that required a bac to be constituted in a particular way. ..... acting chairperson: judicial service commission v premier of the western cape province 2011 (3) sa 538 (sca), watchenuka v minister of home affairs 2003 (1) sa 619 (c), ryobeza v minister of home affairs 2003 (5) sa 51 (c). 11 ..... would be gravely prejudicial to the public interest if the law was to invalidate public contracts for inconsequential irregularities. ..... prospect of that occurring has prompted the centre for child law to intervene as amicus curiae in the case. ..... there was no irregularity as contemplated by law there was no irregularity at all and this complaint has no ..... it is because it is in conflict with the law that it is not able to produce a legally valid ..... an act is not irregular for purposes of the law simply because one chooses to call it ..... goes without saying that in such a case only the body defined by the statute may lawfully exercise the authority. .....
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