Court : South Africa Supreme Court of Appeal
..... the mere fact that they were the joint beneficiaries of a tender awarded to them in another province, and that there may have been similarities in the papers filed by them in the present proceedings, does not support a finding of collusion, the import of which after all is the presence of dishonesty. ..... the pipeline must be assessed against their interest, and that of the public at large, that this constitutional imperative be given effect to; that the tender process is free from corruption and fraud; and that public moneys do not land up in the pockets of corrupt officials and business people. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... she did so with toilet paper and discovered a white mucous on the toilet paper. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that there is nothing in the act which leads to that conclusion and that the provisions of s 83 which empower the registrar of banks to direct the repayment of money unlawfully obtained while unlawfully carrying on the business of a bank to repay such money, lead[s] ineluctably to the opposite conclusion.9this conclusion in the judgment, contrary to the respondents counsels contention, is directly on point and has not been attacked as clearly ..... (sca) held that a contravention of the banks act does not result in the illegality of the agreements in terms of which deposits are made.8in gazit the court had to decide whether an agreement to lend money to a company which was unlawfully carrying on the business of a bank in contravention of s 11 of the banks act was unlawful because it was tainted. ..... that the promoters of the scheme, lamprecht, van zyl, durandt van zyl, van niekerk and bester, used a number of legal instruments to induce the gullible and the injudicious to invest large amounts of money in a scheme which, when properly analysed, never had a reasonable prospect of succeeding. ..... this final relief was granted without service of the papers on any other investors (there were more than 1200) who obviously had a direct and substantial interest in the relief sought, or ..... the papers were served only on the three provisional liquidators and the fourth respondent, kruger, acting without a mandate, instructed an advocate to appear on behalf of the liquidators and consent to the order .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on bail in respect of such offence by any police official of or above the rank of non-commissioned officer, in consultation with the police official charged with the investigation, if the accused deposits at the police station the sum of money determined by such police official. 7. plascon - evans paints ltd v van riebeeck paints (pty) ltd [1984] zasca 51; 1984 (3) sa 623 (a) at 634h 635c. 8 ..... in my view, the respondents version as contained in his affidavit of 18 november 2009, which is not at all in line with meyers own version, though confirmed by him, may simply be rejected on the papers.7the assertion that bail was refused was clearly an afterthought. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [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 development. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the trial court concluded that the last two counts in fact amounted to a single count of robbery involving the theft of money from nedbank and that it would amount to an impermissible duplication of convictions to find the appellant guilty on both such counts. ..... of these events related to the following: on count 1, the theft of kydes keys, his pager, the cash in his wallet and his cellphone; on count 2, the theft of van der merwes cz pistol and watch; on count 3, the money taken from the walkerville atm; and count 4, the money stolen from the ennerdale atm. ..... he was also referred to in the papers as being b van hyde and bevan hyde whatever his correct name may be, i intend to refer to him as kyde for purposes of this judgment. 4. ..... he was then taken to a nedbank atm at walkerville which he was forced to empty of money which he handed over to his abductors. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... these, together with the childs panties which was sealed separately in a brown paper bag, were forensically analysed by ms mbedzi, an assistant forensic analyst at the polices forensic laboratory in pretoria. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in jefferson ltd v bhetcha [1979] 2 all er 1108 (ca) at 1112-1113 the court of appeal in england dismissed an application by an accused person for the stay of civil proceedings for the recovery of moneys pending the finalisation of the related criminal proceedings. ..... the charge related to the money the respondent had allegedly stolen from the applicant. ..... on the papers the respondent has already disclosed essentials of his defence when he filed a plea in a related civil matter. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... but the right to the use of this money would endure only if she remained unmarried. ..... in her founding papers the appellant says that she and the mr jakins were mindful of this fact when they concluded the anc, which conferred the benefit on her. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that, the fourth, fifth, sixth and seventh respondents are directed not to pay out any money that may have been processed as result of the applications lodged by the first respondent. 4. ..... not even the slightest attempt was made to establish them on the appellants papers. .....
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