|
Citation
|
Judgment date
|
| November 2018 |
|
|
Criminal law
|
28 November 2018 |
|
Criminal law
|
28 November 2018 |
|
Criminal law
|
28 November 2018 |
|
Criminal law
|
28 November 2018 |
|
Criminal law
|
28 November 2018 |
|
Criminal law
|
28 November 2018 |
|
|
22 November 2018 |
|
Court of Appeal affirms timely amendment of pleadings in a long-pending land fraud dispute.
Civil procedure – amendment of pleadings – limitation period – amendment after discovery of fraud – interlocutory appeal.
|
22 November 2018 |
Contract Law|Enforcement of contract
|
19 November 2018 |
|
Labour and Employment Law|Termination and dismissal
|
16 November 2018 |
|
Life sentence reduced to 23 years 3 months; remand credit applied and lack of remorse improperly used as aggravating factor.
Sentencing — Life imprisonment — Article 23(8) (credit for pre-trial custody) does not apply to life or death sentences; lack of remorse is not a valid aggravating factor where accused maintains plea of not guilty; appellate reduction of life sentence to determinate term and deduction of remand time.
|
15 November 2018 |
|
Constitutional Law|Criminal law|Human Rights|Have his cause heard (fair trial)
|
8 November 2018 |
|
Civil Procedure|Appeals and reviews|Delict and Tort Law|Negligence
|
7 November 2018 |
|
Court of Appeal quashed damages for alleged negligent cargo handling, citing lack of proof and failure to plead special damages.
Contract law – Negligence – Duty of care of carrier of goods – Special damages – Proof and pleading – Proper evaluation of evidence – Award of interest – Reversal of High Court judgment due to insufficient proof of negligence and resulting loss.
|
7 November 2018 |
|
Property Law|Land|Land Dispute
|
7 November 2018 |
|
Property Law|Land|Land Dispute
|
7 November 2018 |
|
Served defendants must promptly seek leave to defend; late, unsupported illegality claims do not constitute "good cause."
Order 36 (summary procedure) - setting aside default judgment - Order 36/35/33 rule 11 - "good cause" test; commercial debt; requirement to show genuine triable issue or ineffective service; illegality defence (lack of mining licence) - in pari delicto and sham defences; delay and dilatory conduct; judicial discretion; costs.
|
1 November 2018 |
|
Civil Procedure|Actions and applications|Contract Law|Formation and validity of Contract|Illegal Contract
|
1 November 2018 |
|
Civil Procedure|Actions and applications|Contract Law|Formation and validity of Contract|Illegal Contract
|
1 November 2018 |
|
Civil Procedure|Appeals and reviews|Review of Judgment|Family Law|Matrimonial Property Law
|
1 November 2018 |
| October 2018 |
|
|
Civil Procedure|Appeals and reviews|Delict and Tort Law|Negligence
|
30 October 2018 |
|
Civil Procedure|Appeals and reviews|Property Law|Land
|
25 October 2018 |
|
Evidence Law|Burden of Proof|Property Law|Land
|
25 October 2018 |
|
|
25 October 2018 |
|
Civil Remedies|Damages|Delict and Tort Law|Negligence
|
18 October 2018 |
|
Prosecution proved killing and intent, but failed to link the accused to the murder; accused acquitted.
* Criminal law – Murder – Elements: death, unlawful causation, malice aforethought established by post-mortem and eyewitnesses. * Evidentiary law – Sniffer/tracker-dog evidence must be admitted with caution; handler/dog qualifications, scene preservation and behaviour must be proved. * Circumstantial evidence – Blood-stained items require forensic linkage to accused; failure to disprove alibi defeats prosecution burden.
|
12 October 2018 |
|
Civil Procedure|Appeals and reviews|Conduct of proceedings|Preliminary Objections
|
11 October 2018 |
|
Terminal benefits on employment termination are taxable under section 19; Pensions Act exemption inapplicable here.
Taxation — Income Tax Act s.19 — Employment income — Terminal/retrenchment benefits taxable; Pensions Act exemption inapplicable where no pensionable office; PERD Act — divestiture proceeds may fund termination payments; judicial notice of statutes; PAYE lawful.
|
11 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law|Evidence Law|Review of Evidence
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
|
Criminal law
|
2 October 2018 |
