Criminal Procedure — Sentence — Review of sentence imposed by acting magistrate — Accused sentenced to 36 months’ imprisonment, wholly suspended, and 36 months’ correctional supervision for assault with intent to do grievous bodily harm — Court confirming that correctional supervision is distinct from imprisonment and permissible under s 276(3)(a) of the CPA — Sentence of correctional supervision set aside due to exceeding penal jurisdiction of district court — Convictions confirmed.
Civil Procedure — Special plea — Jurisdiction — Defendant delivering special plea disputing jurisdiction without pleading over on merits — Court ruling that defendant barred from contesting merits due to failure to comply with procedural rules — Interests of justice not served by allowing defendant to appear personally at trial — Judgment granted in favor of plaintiff for amounts due under loan agreements.
Leave to appeal — Application for leave to appeal against ex tempore judgment — Applicant claiming R36.6 million related to guarantee and premium disputes — Court finding inconsistencies in demand amounts and lack of proper evidence — Leave to appeal granted despite initial dismissal of claims — Costs awarded in the course.
Costs — Withdrawal of application — Rule 41(1)(a) of Uniform Rules — Applicants seeking to withdraw urgent application after set-down — Respondents contending application should be dismissed with costs — Court granting leave to withdraw but refusing funding claim — Applicants liable for respondents' costs as withdrawal deemed unsuccessful — Mootness not caused by respondents does not absolve applicants from costs.
Labour Law — Dismissal — Review of arbitration award — Employee dismissed for gross insubordination after refusing to drive assigned truck — Employee's claim of unfair dismissal rejected by Bargaining Council — Court finding instruction to drive lawful and reasonable, and employee's defiance constituted gross insubordination — Dismissal upheld as substantively fair.
Constitutional Law — Property Practitioners Act — Challenge to definition of 'property practitioner' and requirement for BEE certificate — Applicant contending that provisions are overbroad and infringe constitutional rights — Court finding that the applicant has standing to challenge the provisions, but the definitions and requirements do not constitute an irrational barrier to lawful practice — No constitutional invalidity established.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for alleged misconduct after leaving vehicle unattended, resulting in damage — Arbitrator finding dismissal substantively fair — Court assessing whether the arbitrator's decision was reasonable and based on evidence — Court concluding that the dismissal was substantively unfair due to lack of clear company policy prohibiting leaving vehicles unattended and inconsistencies in evidence regarding alleged misconduct.
Insolvency — Liquidation — Interim interdict — Applicants seeking urgent interdict to restrain First Respondent from conducting business of Money Box Investments 156 (Pty) Ltd in liquidation — Court finding that applicants failed to establish urgency as required by Rule 6(12) of the Uniform Rules of Court — Ongoing mining operations disputed and not sufficiently linked to Money Box — Application dismissed.
Tax Law — Income Tax Act — Deductibility of raising fees — Appeal by SARS against Tax Court decision allowing Cornucopia Trust to deduct raising fees as similar finance charges under s 24J of the Income Tax Act 58 of 1962 — Tax Court held raising fees constituted interest or similar charges — Supreme Court of Appeal dismisses appeal, affirming Tax Court's interpretation of raising fees as deductible under s 24J.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant challenging dismissal of employee for alleged dishonesty in sales credit allocation — Commissioner finding dismissal unfair due to lack of clear rule prohibiting conduct — Court upholding commissioner's award, dismissing review application as no basis for interference found.
Ownership — Transfer of ownership — Constructive delivery — Applicant purchasing two industrial boilers from first respondent — Dispute arose when first respondent sold one boiler to second respondent before removal — Court finding that ownership passed to applicant upon constructive delivery through traditio longa manu — First respondent's subsequent sale to second respondent invalid as it lacked ownership — Applicant entitled to recover both boilers.
Labour Law — Unfair Dismissal — Review of arbitration award — Employees dismissed for alleged substance abuse and desertion of workstations — Commissioner finding dismissals substantively unfair due to lack of objective evidence and vague charges — Court upholding Commissioner's decision, emphasizing the need for a reasonable decision-maker's standard in disciplinary matters.