Court : South Africa Supreme Court of Appeal
..... learned judge stated: '[50] what remains to be considered is whether the decision taken by the school in terms of the amended admission policy of the school to exclude the boy from the school in the beginning of 2010 should be reviewed and set ..... various reasons were sought to be advanced most notably that: (a) the school needs to know whether it has the power to amend its admission policy; (b) the school principal may be subject to disciplinary proceedings; (c) other learners at the school may in the future be affected by the outcome of this appeal; (d) other schools could ..... appellants did indeed have the power to amend the policy and that in doing so they had not acted ultra vires is not the subject of ..... the school and the governing body, the provincial head of the department of education as contemplated in s 1 of the south african schools act 84 of 1996, the member of the executive council (education) of kwazulu-natal and the national minister of education, were cited as the ..... but as innes cj observed in geldenhuys and neethling v beuthin 1918 ad 426 at 441: "after all, courts of law exist for the settlement of concrete controversies and actual infringements of rights, not to pronounce upon abstract questions, or to ..... it referred to rand water board v rotek industries (pty) ltd 2003 (4) sa 58 (sca) para 26 where the following was said: 'the present case is a good example of this court's experience in the recent past, including unreported cases, that there is a growing misperception .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... once more decided the merits of an appeal 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 for the parties inter se. the ..... .[17]this object is achieved through the rules board for courts of law (the rules board)[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 ..... . and that court further circumscribed the discretion as follows: the discretion to hear disputes, even in the area of public law, must, however, be exercised with caution and appeals which are academic between the parties should not be heard unless there is a good reason in the public interest for doing so, as ..... immediately proceeded to confine this discretion to entertain an appeal, where there is no longer a lis between the parties, to the area of public law and added that the decisions in the sun life case and ainsbury v millington must accordingly be read as limited to disputes concerning private law rights between the parties to the case (at 487h - 488a (wlr) and 47c - d (all er)) ..... water board v rotek industries (pty) ltd 2003 (4) sa 58 (sca) paras 18 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the risk of personal liability; (b) that the other medical doctors declined to become involved in the multidisciplinary practice precisely because of their reluctance to attract the risk of personal liability; and (c) wylies e-mail of 31 january 2003 in which he assured branfield that you are not personally liable for anything and therefore not at risk at all in a personal capacity. ..... much was implicitly accepted on behalf of branfield when an application to amend his plea was sought and obtained after both he and frylinck had ..... if one were therefore to accept branfields amended version, namely that wylies undertaking not to hold branfield liable extended to the debts of any incorporated body which branfield would choose as a vehicle for his participation in the multidisciplinary practice, ..... although the full court found no difficulty with the proposition of law that underlies sibeko ajs conclusion, it disagreed with his findings ..... hence the import of the amendment was that wylies alleged undertaking was no longer limited to the debts of the company, but pertained to any incorporated body in which branfield was ..... according to the amended version of the plea wylie agreed that branfield would not be held personally liable by medx for any debts incurred by any incorporated entity of which branfield was a director or shareholder, in a multidisciplinary practice to be ..... course, prescribed for companies designated incorporated or inc by s 49(4) read with s 53(b) of the companies act 61 of 1973. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [2] the appellant is a traditional authorityrecognised as such in terms of the traditional leadership and governance framework act 41 of 2003 (the act)[1] and s 211 of the constitution. ..... [5]in that exercise, the commission first established that (a) the bapedi currently have an officially recognised paramountcy; (b) kgoshi kgagudi kenneth sekhukhune is the acting paramount chief; and (c) there are 70 officially recognised senior traditional leaders[6]within his area of jurisdiction, sekhukhune district, greater tubatse, makhuduthamaga, fetakgomo and marble hall. ..... were taken into account or relevant considerations were not considered; (f) the action itself (ii) is not rationally connected to (cc) the information before the administrator; or (dd) the reasons given for it by the administrator; (it is relevant too that s 22(2) of the act itself requires the commission to carry out its functions in a manner that is fair, objective and impartial. ..... [3]one of its functions is to investigate and make recommendations in cases where there is doubt as to whether a kingship that was established and recognised before the commencement of the act, was established in accordance with customary laws and customs of the relevant traditional community as they applied at the time. ..... [10] the alternative relief was sought in amendment proceedings brought in terms of uniform rule 28 after the institution of the application. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... to the second appellant subject to the conditions, limitations and servitudes (if any) referred to in the existing title deed to the property, compliance with: the local government: municipal finance management act no 56 of 2003, any other acts, ordinance by law or regulations as may be applicable to the sale, and subject to the following conditions and terms as set out in this agreement and as incorporated in terms of the inner procedure as ..... municipality (first appellant) complied with the relevant provisions of the transvaal local government ordinance 17 of 1939 (lgo) and the local government : municipal finance management act 56 of 2003 (mfma) before it sold or alienated a portion of stand 2243 witbank extension 10 (the property) to the witbank muslim jamaat (second appellant) and decided to close the property permanently. ..... the resolution to that effect to be (i) affixed to the public notice board of the council; and (ii) published in a newspaper in accordance with section 91 of the republic of south africa constitution act, 1983; in which any person who wishes to object to the exercise of such power, is called upon to lodge his objection in writing with the town clerk within a stated period of not less ..... the surveyor-general shall thereupon cause such amendments to be made in the general plan of the township as are necessary to show such closing and the registrar of deeds or other registration officer ..... the bid evaluation committees recommendation with a minor amendment. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... means the determination by the commissioner, by way of a notice of assessment (including a notice of assessment in electronic form) served in a manner contemplated in section 106 (2) (a)of an amount upon which any tax leviable under this act is chargeable; or (b)of the amount of any such tax; or (c)of any loss ranking for set-off; or (d)of any assessed capital loss determined in terms of paragraph 9 of the eighth schedule, and for the purposes of part iii ..... ' [5] in the statement of the grounds of assessment delivered on 17 february 2011 in terms of rule 10 of the tax rules (made in terms of s 107a of the income tax act 58 of 1962 (the income tax act)) sars contended: when the objection (notice of objection and the letter of the grounds of objection) and the appeal (notice of appeal and the letter of the grounds of appeal) [are considered], it is ..... march 2004 sars wrote to the taxpayer: the vat 201 returns submitted for the periods 03/2002 to 09/2003 inclusive, have been revised to account for vat charged and not disclosed / declared on the appropriate vat 201 ..... and as a period of three years has elapsed (s 31a), the taxpayer cannot now lawfully require sars to revisit its assessment even if it was wrong to have included the turnover of a related entity in calculating the taxpayers vat liability (first south ..... finds that the appellant did not object to the capital amount, the appellant will not be entitled to raise the capital amount as an issue on trial, without leave to amend. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... there is the difficulty that in 1973 the words against the company were introduced into the section and neither counsel, nor any of the south african writers on company law that i have consulted, proffer a helpful explanation of the reasons for its inclusion in the section or its effect on the meaning of the section as a whole ..... this was notwithstanding the fact that annexed to mr wiles answering affidavit was the amended first and final liquidation account lodged with the master and supported by affidavits by all four joint liquidators, sworn at various times between 18 may 2005 and 12 ..... judgment wallis ja (brand, tshiqi and willis jja and van der merwe aja concurring: [1] on 28 july 2003 the first appellant, mr motala, was appointed jointly with three colleagues as the liquidator of cement board industries (pty) ltd ..... is tempting in the light of this conflict of authority and the fact that s 83(4) of the companies act 71 of 2008 retains this provision in substantially unaltered form to decide which of these conflicting views is correct. ..... they were, first, that as a matter of law an order declaring the dissolution of a company void in terms of s 420 of the act would not have the effect of reviving the action and, second, that in the exercise of its discretion the court should refuse ..... little other relevant learning on the matter in england and the provisions of s 1032(1) of the companies act, 2006 (2006, c 46) mean that no further assistance will be derived from that jurisdiction. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the second respondent is ordered to cancel 58 047 shares in the second respondent which were purchased at an auction on 12 november 2004, in terms of the provisions of section 85 of the companies act 61 of 1973; alternatively the issue whether the 58 047 shares in the second respondent which were purchased at an auction sale on 12 november 2004 were purchased by the second respondent or by the first ..... 5.2 by notifying the former shareholders, by prepaid registered post, that paragraphs 1 and 4 of the order pertain to the shares which were acquired from them during the period 1 may 2003 to 30 april 2005; 5.3 publication of the order in: 5.3.1 die beeld newspapers; 5.3.2 die landbouweekblad magazine; 5.3.3 the farmers weekly magazine. ..... originally applied for a declaratory order to the effect that the first respondents (senwesbels) acquisition of certain shares in the second respondent (senwes) during the period 1 may 2003 to 30 april 2005 pursuant to the acceptance of two offers made to specific categories of shareholders was invalid. ..... businessmans law 59 and the late hon mr justice p m meskin (former editor); the hon mr justice b galgut (consulting editor), jennifer a kunst, professor piet delport and professor quintus vorster (eds) henochsberg on the companies act (1994) vol 1 at 75; m s blackman, r d jooste, j l yeats, f h i cassim and r de la harpe with contributions from m larkin and c h rademeyer commentary on the companies act (2002) ..... the appellants amended the relief sought .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [20] in this light the issue that the appellants seek to introduce by way of an amendment to their pleadings is not a triable issue in the parlance of amendment applications (see eg ciba-geigy (pty) ltd v lushof farms (pty) ltd and n ander 2002 (2) sa 447 ..... contrary the appellants relied on evidence, firstly, that attorney coetzee wrote down the instructions which he was given; secondly, that the letter of acceptance itself recorded in writing that coetzee was acting on behalf of the appellants; and, thirdly, that the letter of acceptance was apparently sent on more than one occasion. ..... it then transpired, however, that the deceased had, during his lifetime, on 8 july 2003, sold the farm to the first respondent, mr paul nel, and that in pursuance of the sale, the farm had in the meantime ..... as concisely held by innes cj in that case (at 591) it entails that [b]y our law a condition is deemed to have been fulfilled as against a person who would, subject to its fulfilment, be bound by an obligation, and who has designedly prevented its ..... [17] the doctrine of fictional fulfilment came to prominence in our law in macduff and co (in liquidation) v johannesburg consolidated investment ..... the starting point is the basic principle of our law that a real right generally prevails over a personal right, even if the personal right is prior in time, when they come into ..... claim for transfer the appellants relied on principles embodied in what has become well known in our law as the doctrine of notice. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the project manager of 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. ..... letter dated 23 november 2009 the head of the department of environmental affairs indicated that the proposed amendment to the sdp was acceptable subject to the conditions stipulated in the approval letter of 28 april ..... because, having regard their close proximity to the appellants development, they had an intrinsic interest in lawful administrative action and in particular a substantial interest in the lawful application of the planning and building plans which govern the area in which they live and conduct ..... [4] on 7 december 2009 the appellant applied to the municipality for an amendment to the mecs conditions of approval in terms of s 42(3)(a) of lupo so as to amend the site development plan (sdp) previously approved to allow for the expansion of the guesthouse ..... municipality failed to consider when approving the building plans was that its decision was susceptible to attack due to a lack of public participation and compliance with s 7(1)(a) of the building standards act, which requires that building plans comply with the requirements of the act and any other applicable law. ..... [2]see paola v jeeva no and others [2003] zasca 100; 2004 (1) sa 396 (sca) .....
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