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Criminal Law — Self-defence — Accused claiming self-defence in murder charge — Evidence presented of deceased allegedly armed with a knife — Court finding inconsistencies in evidence regarding the position of the deceased's arm and the presence of a knife — Accused's actions deemed reasonable under the circumstances — Not guilty verdict delivered based on self-defence
Judicial Review — Time limits — Application for review instituted after expiry of 180-day period — Applicants failed to provide full and reasonable explanation for delay — Court lacks jurisdiction to entertain review application without extension of time — Application dismissed with costs.
Summary Judgment — Application for summary judgment — Rule 32 of the Uniform Rules of Court — Plaintiff sought summary judgment for R600 000.00 based on a Settlement Agreement following a Collaboration Agreement — Defendant raised defences including non-joinder of a third party, locus standi, and failure to comply with notice requirements — Court held that the defences did not raise genuine issues for trial, dismissing the application for summary judgment and allowing the Defendant to defend the action.
Urgency — Applicant's urgent application to intervene in ongoing disciplinary proceedings — Applicant failed to establish jurisdiction of the Labour Court to grant relief sought — Court lacking jurisdiction to intervene in incomplete disciplinary proceedings under section 157(1) of the Labour Relations Act — Applicant's request for procedural fairness under Regulation 9 of SAPS Disciplinary Regulations considered — Court not competent to determine procedural fairness on a final basis — Alternative remedy available to applicant through unfair dismissal proceedings — Application dismissed for lack of jurisdiction and failure to establish a clear right to final relief.
Civil Procedure — Exception — Particulars of claim — Exception upheld on grounds that particulars do not disclose a cause of action — Plaintiff, Knysna Municipality, sought to recover payments made to defendant under a resolution deemed unlawful by the Provincial Minister — Court finding that the particulars failed to allege necessary facts to support a claim for repayment under common law or the Municipal Finance Management Act — Plaintiff granted leave to amend particulars of claim.
Appeal — Jurisdiction — Rescission of judgment — Appellants sought rescission of a prior judgment regarding rights to praedial servitudes against State-owned land — Lower Court found it lacked jurisdiction to rescind the order of a higher court — Appeal dismissed on grounds of lack of practical effect and jurisdiction.
Specific performance — Deed of sale of immovable property — Applicant sought to compel first respondent to sign documents for transfer of property post-divorce — Respondent contended that deed of sale was contrary to existing settlement agreement and claimed duress — Applicant failed to fulfill reciprocal obligations under the settlement agreement — Application dismissed with costs.
Rescission of Judgment — Default judgment — Application for rescission based on alleged non-receipt of Section 129 notice and summons — Applicant's failure to establish grounds for rescission — Evidence shows proper service of summons and notice — Applicant in arrears and lacks bona fide defence to the claim — Application for rescission dismissed.
Delict — Road Accident Fund — Claim for damages arising from motor vehicle accident — Plaintiff alleging negligence of unidentified driver — Court finding plaintiff failed to prove negligence on balance of probabilities — Inconsistencies in plaintiff's testimony and lack of corroborating evidence leading to dismissal of claim.
Administrative Law — Tender — Review of tender award — Applicant sought to review and set aside the decision of the National Student Financial Aid Scheme (NSFAS) to terminate service level agreements with service providers following the award of a tender for direct payments to students — Court declared the tender award and service level agreements unconstitutional, unlawful, and invalid — Service providers entitled to just and equitable relief in the form of monetary compensation for proven losses and anticipated profits attributable to the agreements.