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Criminal Law — Murder — Accused charged with murder after assaulting girlfriend with a table leg — Accused pleaded not guilty to murder but guilty to culpable homicide, which the state did not accept — Evidence established that the accused inflicted severe injuries leading to the deceased's death — Medical testimony confirmed that the injuries were consistent with a violent assault and that no medical intervention could have saved the deceased — Accused's actions deemed intentional and unlawful, resulting in a conviction for murder.
Negligence — Contributory negligence — Train accident — Respondent injured while attempting to board a moving train — Appellant found 20% liable despite trial court's adverse findings against respondent's credibility and version of events — Appeal upheld on grounds that trial court's findings were internally contradictory and did not support any liability against the appellant.
Electricity Supply — Interruption of supply — Application for interim relief — Municipality seeks order to compel Eskom to continue electricity supply while disputing alleged debts — Eskom counters with demand for payment and compliance with agreements — Municipality's historical debts and ongoing disputes regarding supply agreements — Holding that the Municipality's application for interim relief is granted, ordering Eskom to continue supply pending resolution of disputes and compliance with intergovernmental dispute resolution processes.
Estate Administration — Rescission of Default Judgment — Applicant sought to rescind a Default Judgment granted against the deceased estate of Mabusha Bigvai Masekela for the amount of R1 114 495.67, which arose from the deceased's misuse of assets belonging to the estate of Toto Maria Madi Masekela. — Legal issue concerned whether the Applicant, as the new executrix, could successfully rescind the judgment granted in the absence of the deceased's estate executor. — Court held that the Default Judgment was valid and could not be rescinded, as the Applicant failed to demonstrate sufficient grounds for rescission, including the delay in bringing the application and lack of a reasonable explanation for the delay.
Criminal Procedure — Capacity to understand proceedings — Accused found incapable of understanding court proceedings under section 77 of the Criminal Procedure Act 51 of 1977 — Magistrate erroneously entering a verdict of not guilty — Court's power to acquit or convict under section 77(6) not conferred — Finding of incapacity does not permit a verdict — Magistrate acted ultra vires, constituting gross irregularity. The accused was charged with contravening the Domestic Violence Act and was subject to a protection order. The Magistrate found the accused incapable of understanding the proceedings and entered a verdict of not guilty, despite lacking the authority to do so under section 77 of the CPA. The court reviewed the decision, highlighting the conflation of sections 77 and 78 of the CPA and the lack of power to issue a verdict in this context.
Broad-Based Black Economic Empowerment — Shareholding dispute — Applicant, a black male, granted 26% membership in First Respondent to satisfy B-BBEE compliance, sought to challenge purported transfer of shares and dismissal from directorship — Respondents contended that a Mutual Separation Agreement implied share transfer — Court emphasized the need for clarity in motion proceedings and the necessity of precise relief sought — Applications struck from the roll for want of urgency, highlighting procedural deficiencies and the importance of properly framed prayers in litigation.
Delict — Unlawful assault by police — Plaintiff alleges assault by police officers resulting in injuries — Defendant denies assault, providing no evidence — Plaintiff bears onus to prove assault occurred — Court finds plaintiff's testimony credible and supported by medical evidence and documentation — Assault by police officers established, leading to liability of the Minister of Police in a vicarious capacity.
Leave to appeal — Contempt of court — Applicant seeking leave to appeal against dismissal of contempt application regarding interdict against statutory board of enquiry — Court finding no reasonable prospect of success on appeal — Grounds for leave to appeal dismissed as lacking merit — Application for leave to appeal dismissed with costs awarded against the applicant.
Succession — Usufruct — Rights of usufructuary — Applicant sought to enforce her right to rental income from property as a usufructuary under the deceased's will, claiming entitlement effective from the date of death — Executor contended that enforceability was contingent upon registration of the usufruct and approval of the liquidation and distribution account — Court held that the applicant's rights as usufructuary became enforceable immediately upon the deceased's death, dismissing the application with costs, and ordering costs to be paid from the estate.
Search and seizure — Strip search — Legality of search conducted without warrant — Plaintiff, a correctional officer, subjected to a strip search by superiors in an office without a witness of his choice present — Plaintiff claimed search was unlawful, non-consensual, and malicious, resulting in emotional distress — Court held that the search was conducted unlawfully due to the absence of a warrant, lack of proper procedure, and violation of the plaintiff's dignity, thus entitling him to damages.
Urgent Applications — Reconsideration of court orders — Second respondent sought to reconsider an interdictory order granted in his absence, alleging improper service — Application brought under rule 6(12)(c) of the Uniform Rules of Court — Court held that the second respondent was not properly served with the original application, thus denying him the right to be heard — The order of imprisonment imposed on the second respondent was set aside due to lack of proper service and the urgency of the matter.
Civil Procedure — Default judgment — Application for default judgment dismissed — Plaintiff seeking judgment for R 1666 321,35 due to defendant's failure to deliver a plea — Court finding application incomplete and prejudicial to defendant — Potential for settlement in related criminal matter — Order made for defendant to file plea within 10 days.