Delict — Personal injury — Damages — Plaintiff injured after falling from a moving train operated by the defendant — Liability conceded at 95% — Court determining quantum of damages for future medical expenses, past and future loss of earnings, and general damages — Plaintiff awarded R13 238 218.70 in total damages, including R7 126 169.70 for future medical expenses, R4 112 049 for loss of earnings, and R2 000 000 for general damages.
Labour Law — Review of arbitration award — Applicant seeking review of CCMA award dismissing claim for severance pay — Commissioner allegedly failing to determine the issue in dispute and applying incorrect legal tests — Court finding that the commissioner reasonably concluded that the applicant unreasonably refused an offer of alternative employment, thus forfeiting severance pay — Review application dismissed.
Criminal Procedure — Preservation of property — Application for interim preservation order of vehicle used in drug trafficking — National Director of Public Prosecutions seeking to preserve vehicle as instrumentality of offence under POCA — Court finding reasonable grounds established for preservation despite prior release order by magistrate — Order deemed invalid ab initio due to lack of jurisdiction by magistrate — Preservation order granted.
Civil Procedure — Condonation and reinstatement of lapsed appeal — Appellant seeking reinstatement after failure to file record timeously — Trial court's refusal of postponement leading to appealable orders — Full Court finding trial court exceeded its powers by determining issues beyond those separated for adjudication — Condonation and reinstatement of appeal refused.
Labour Law — Review of arbitration award — Application for review of dismissal of employee for dishonesty — Commissioner finding dismissal substantively unfair due to lack of intent to deceive and considering mitigating factors such as long service — Review application dismissed as the commissioner's decision fell within the band of reasonableness.
Delict — Unlawful arrest and detention — Plaintiff claiming damages for unlawful arrest without a warrant — Defendant failing to prove reasonable suspicion as required under s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding arrest unlawful and awarding damages of R600,000 with interest from date of judgment.
Administrative Law — Review of administrative decisions — Approval of building plans — Applicant challenging the City of Cape Town's approval of building plans for non-compliance with the Development Management Scheme — Court interpreting Item 41(e)(i) of the Scheme and extending the 180-day period for review under PAJA — Decisions reviewed but not set aside, with appropriate declaratory orders issued regarding building line requirements.
Appeal — Leave to appeal — Rule 43 proceedings — Respondent applying for leave to appeal against refusal of postponement application — Section 16(3) of the Superior Courts Act 10 of 2013 bars appeals of Rule 43 orders — Court finding that refusal of postponement application is not appealable — Respondent's attorneys ordered to pay costs on an attorney and client scale de bonis propriis due to persistent application despite clear legal bar — Application for leave to appeal dismissed.
Labour Law — Review of arbitration award — Applicant seeking review of dismissal for incapacity — Claim of gross irregularity in arbitration proceedings — Court finding that the arbitrator applied his mind to the evidence and reached a reasonable conclusion — Review application dismissed with no order as to costs.
Labour Law — Review of arbitration award — Application to review and set aside arbitration award of CCMA — Commissioner finding dismissal of employee procedurally fair but substantively unfair due to lack of evidence of disclosure of confidential information — Court considering whether the Commissioner misconceived the nature of the enquiry and whether the outcome was reasonable — Court finding that the Commissioner did not err in his conclusion that dismissal was not an appropriate sanction for the breach of policy.
Criminal Procedure — Leave to appeal — Application for leave to appeal against sentence — Appellant contends sentence induces a sense of shock — Court assesses whether there is a reasonable prospect of success on appeal — Leave granted for full bench to consider the appeal.
Restraint of trade — Leave to appeal — Applicants seeking leave to appeal against judgment enforcing restraint of trade and confidentiality provisions in employment contracts — Court finding no reasonable prospects of success for appeal — Applications for leave to appeal dismissed with costs.