Labour Law — Contempt of arbitration award — Applicant seeking leave to appeal dismissal of contempt application — Court finding that applicant was reinstated under a settlement agreement, rendering contempt application devoid of merit — Application for leave to appeal dismissed with costs on attorney and client scale.
Review — Promotion of Administrative Justice Act 3 of 2000 — Administrative decisions regarding public procurement — Applicant sought to review and set aside the Municipality's award of a tender for VAT recovery services to the third respondent and a month-to-month agreement for the same services — Both decisions found to be constitutionally invalid due to procedural irregularities — Court ordered the repayment of a portion of profits received by the third respondent and awarded costs to the applicant.
Appeal — Leave to appeal — Requirements for leave to appeal under Section 17(1)(a) of the Superior Courts Act 10 of 2013 — Applicant seeking leave to appeal against dismissal of application for urgency and merits — Court finding that refusal to condone non-compliance with rules does not preclude appeal where merits were considered — Urgency of spoliation application assessed — Court determining that access rights are incidents of possession and may be protected by spoliation application — Conflicting judgments on access rights necessitating clarity.
Trusts — Trustee conduct — Loan account — Second respondent claiming repayment from the Bellstedt Family Trust without valid authority — Court finding no contemporaneous evidence supporting the existence of a loan account — Resolution passed in conflicted circumstances and set aside — Condonation for late filing of affidavit granted.
Criminal Law — Sentence — Appeal against life imprisonment for rape of an eleven-year-old girl — Appellant contending that substantial and compelling circumstances existed for a lesser sentence — Previous conviction for similar offence and commission of the crime while on parole — Court finding no material misdirection by the sentencing court and confirming life sentence as appropriate given the gravity of the offence and the need to protect children.
Property Law — Unlawful occupation — Constitutional claim for deprivation of property rights — Purple Fountain Properties alleging arbitrary deprivation of property rights due to prolonged stay of eviction proceedings by the City of Johannesburg — Court finding that the City’s delay constituted an arbitrary deprivation of property rights under section 25(1) of the Constitution — Compensation awarded for the period of deprivation from 2011 to 2018.
Criminal Procedure — Review — Sentencing of child offender — Accused sentenced to correctional supervision under s 276(1)(h) of CPA — Court finding that the sentence imposed did not comply with the Child Justice Act 75 of 2008 — Irregularities in plea statement and failure to clarify inconsistencies — Conviction and sentence set aside, matter remitted for trial de novo before another magistrate.
Insolvency — Provisional sequestration — Application for provisional sequestration of the De Vos Boerdery Trust under the Insolvency Act 24 of 1936 — Applicant establishing locus standi and liquidated claim — Trust bound as surety and co-principal debtor — Principal debtor under business rescue — Statutory moratorium does not afford surety a defence — Court finding factual insolvency and that sequestration will benefit creditors — Provisional sequestration granted.
Labour Law — Review of arbitration award — Application for review of CCMA award regarding dismissal of employee for gross misconduct — Employee failing to attend disciplinary hearing and subsequently dismissed — Commissioner finding dismissal substantively and procedurally fair — Court upholding the commissioner's decision, finding no grounds for review as the decision was reasonable based on the evidence presented.
National Credit Act — Default judgment — Application for Rule 46A declaration — Plaintiffs seeking to execute against defendant's home based on indemnity bond — Court finding that indemnity structure bypasses consumer protections under the Act — Application for default judgment and execution refused as AHLGC's claim does not arise from a registered credit agreement.