|
Citation
|
Judgment date
|
| December 1991 |
|
|
Adoption|HR
|
23 December 1991 |
|
|
17 December 1991 |
|
HR|Family|Parental care and protection
|
16 December 1991 |
|
|
13 December 1991 |
|
|
12 December 1991 |
|
Civil Procedure|Conduct of proceedings|Preliminary Objections
|
11 December 1991 |
| November 1991 |
|
|
Family Law|Property Law|Land|Mortgage, loans and bonds|Mortgage
|
25 November 1991 |
|
|
25 November 1991 |
|
|
20 November 1991 |
|
|
6 November 1991 |
|
Family Law|Marriage In Community of Property|Matrimonial Property Law
|
4 November 1991 |
| October 1991 |
|
|
|
25 October 1991 |
|
|
11 October 1991 |
|
|
11 October 1991 |
|
|
4 October 1991 |
| September 1991 |
|
|
|
30 September 1991 |
|
The court showed leniency, sentencing the accused to three months' imprisonment due to mitigating factors.
Criminal Law - Sentencing - Mitigating factors - Provocation, intoxication, and cooperation in prosecution - Judicial leniency applied.
|
25 September 1991 |
|
|
12 September 1991 |
|
|
3 September 1991 |
|
Court quashes convictions due to non-cognate charge and illegal default sentencing.
Criminal Law – Conviction without charge – Illegality of convicting on a non-cognate offence – Sentence exceeding statutory limits.
|
3 September 1991 |
| August 1991 |
|
|
Court revises illegal sentence for traffic offences and orders sentences to run concurrently.
Criminal Law – Traffic Offences – Illegal Sentence – Concurrent Sentences for Related Offences
|
30 August 1991 |
|
|
30 August 1991 |
|
|
29 August 1991 |
|
|
29 August 1991 |
|
|
20 August 1991 |
|
Convictions for witchcraft lacked evidence support; sentences set aside and release ordered.
Criminal law – Witchcraft Act – evidence required for conviction under sections 5 (1) for possession of articles and section 3 (1) for the practice of witchcraft – procedure in sentencing multiple counts.
|
20 August 1991 |
|
Conviction and sentence quashed due to insufficient evidence and illegal sentencing structure.
Criminal Law - Conviction standards - Insufficient evidence for fraud - Illegality of sentence option between imprisonment or fine.
|
19 August 1991 |
|
Amendment imposing minimum sentence not applicable to offense committed prior to its commencement date.
Criminal Law – sentencing – application of amendments – retrospective application of sentencing guidelines – minimum imprisonment terms.
|
7 August 1991 |
|
Witchcraft convictions quashed due to insufficient proof of witchcraft practices or related articles.
Criminal law - Witchcraft Act - Invalid conviction - Lack of evidence for articles used in witchcraft - Misapplication of witchcraft practices.
|
6 August 1991 |
|
|
2 August 1991 |
| July 1991 |
|
|
Civil Procedure|Principles|Res Judicata
|
31 July 1991 |
|
Civil Remedies|Injunctions and interdicts|Injunction|Family Law|Matrimonial Property Law
|
30 July 1991 |
|
|
23 July 1991 |
|
Review of improper child witness procedure and sentencing in an assault conviction.
Criminal law – evidence of a child witness – requirement for voire dire – definition of 'bodily harm' – legality of default sentencing terms.
|
22 July 1991 |
|
|
16 July 1991 |
|
|
7 July 1991 |
|
Civil Procedure|Appeals and reviews
|
3 July 1991 |
| June 1991 |
|
|
Civil Procedure
|
28 June 1991 |
|
|
18 June 1991 |
|
Invalid grant by Magistrate Grade II upheld due to lapse of time and no complaints.
Estate administration - Grant of administration - Jurisdiction limit of Magistrate Grade II - Invalid signing as District Registrar.
|
13 June 1991 |
|
|
12 June 1991 |
|
Magistrate Grade II improperly granted administration for high-value estate; no revision due to lapse causing potential hardship.
Legal jurisdiction - Magistrate Grade II acting beyond estate valuation limits - Jurisdictional error not revised due to hardship considerations.
|
12 June 1991 |
|
A Magistrate Grade II's illegal grant of Letters of Administration for a high-value estate is cancelled.
Probate and administration – Jurisdiction of Magistrates – Limits on estate value for grant of administration – Legal consequences of acting without jurisdiction.
|
11 June 1991 |
|
Applications for Letters of Administration were returned due to non-compliance with statutory notice and publication requirements.
Probate law – Letters of Administration – Compliance with statutory requirements – publishing notice – notice to Administrator-General.
|
11 June 1991 |
|
|
7 June 1991 |
|
|
7 June 1991 |
| May 1991 |
|
|
|
29 May 1991 |
|
|
24 May 1991 |
|
|
23 May 1991 |
|
Civil Procedure|Conduct of proceedings|Preliminary Objections|Institution of proceedings|Cause of action
|
22 May 1991 |
