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Interdict — Preservation order — Applicant sought an interdict to preserve funds transferred by former director to personal and business accounts — Respondent contended transfers were authorized as salary — Court found applicant established prima facie right to funds, as transfers were unauthorized — Respondent ordered to pay retained funds into trust account pending determination of ownership in subsequent action proceedings.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of raping a 7-year-old girl and sentenced to life imprisonment — Appellant sought condonation for late filing of appeal — Condonation granted due to reasonable explanation for delay and serious nature of the matter — Appeal against conviction dismissed as no misdirection found in the trial court's acceptance of evidence and sentencing considerations.
Companies — Oppressive conduct — Application for relief under section 163 of the Companies Act 71 of 2008 — Applicant, a 50% shareholder and director of Vape Queen (Pty) Ltd, alleges oppressive conduct by the Respondent, including exclusion from governance and financial mismanagement — Respondent raises points in limine regarding the validity of affidavits and the citation of the wrong party — Tribunal considers the admissibility of affidavits and the proper citation of parties in relation to the relief sought, which directly affects the Company rather than the Respondent in her personal capacity — Points in limine upheld, leading to the dismissal of the application.
Competition Law — Competition Act 89 of 1998 — Joinder of parties — Applications for leave to appeal concerning the Competition Tribunal's decisions regarding alleged collusion among banks in manipulating exchange rates — Competition Commission initiated a complaint against multiple banks, leading to a referral to the Tribunal — Issues of res judicata, peremption, and the necessity of fresh initiation for joinder of firms post-referral — Holding: Leave to appeal granted for Credit Suisse Securities (USA) LLC; appeal upheld, setting aside the Tribunal's decision on joinder; Competition Commission's appeal partially upheld against certain banks, with other appeals dismissed.
Unlawful arrest and detention — Plaintiffs allege damages from unlawful arrest and detention by police during lockdown regulations — Plaintiffs briefly entered a prohibited area to retrieve their minor daughter — Defendants argue arrest was lawful under regulations and Criminal Procedure Act — Court considers whether arrest and detention were lawful and if police acted irrationally — Claims dismissed with costs, including counsel fees.
Environmental Law — Administrative Review — Application for declaratory and review relief regarding environmental authorizations — Applicant, a voluntary association, challenges the validity of environmental authorizations granted for a residential development on a UNESCO World Heritage site — Application dismissed due to unreasonable delay in bringing proceedings and lack of sufficient justification for the delay — Applicant ordered to pay costs of opposing respondents.
Prescribed Rate of Interest — Unliquidated debt — Interest on general damages for unlawful arrest and detention — The respondent, Ms. Khedama, was unlawfully arrested and detained by the South African Police Service, leading to a claim for damages. The High Court awarded her R1 million in damages and ordered interest to be paid from the date of service of summons. The Minister of Police appealed, contesting the date from which interest should accrue. The Constitutional Court held that interest on unliquidated damages should run from the date of the trial court’s judgment to date of payment, thereby upholding the appeal and amending the order accordingly.
Delict — Pure economic loss — Personal liability of company directors — Appellants, directors of the Louis Group, held liable for unauthorized diversion of investor funds — Court a quo found that admission of duty of care did not negate inquiry into wrongfulness — Director personally engaged with investor held liable, while financial director, lacking special relationship, not held personally liable — One appeal dismissed; other appeal upheld.
Contract — Admission privileges — Medical practitioner suspended for unprofessional conduct — Effect of suspension on admission privileges — Section 44 of the Health Professions Act 56 of 1974 implies registration and qualification as terms of contract — Practitioner not entitled to interdict for reinstatement of privileges after suspension — Appeal dismissed with costs.
Criminal Law — Prevention of Organised Crime Act — Racketeering — Appellants convicted of various offences including racketeering, robbery, fraud, and unlawful possession of firearms — Appeals against convictions and sentences — Whether evidence established participation in the affairs of a criminal enterprise — Whether convictions under multiple sections of POCA competent — Holding that convictions on certain counts set aside, sentences adjusted, and effective sentences confirmed for both appellants.
Intervention — Locus standi — Application for leave to intervene in liquidation proceedings — Intervening party's locus standi challenged by liquidators — Court finds that intervening party has sufficient interest to intervene — Rescission of prior order granted. The intervening party, Mr. Adrianus Merceij, sought leave to intervene in proceedings concerning the liquidation of HGG Financial Group Inc. and the validity of payments made to Square Rock Ltd. The liquidators opposed the application, arguing that Mr. Merceij lacked locus standi. The legal issue was whether Mr. Merceij had the standing to intervene in the liquidation proceedings. The court held that the application for separation of issues failed, the liquidators' challenge to locus standi was dismissed, and Mr. Merceij was granted leave to intervene. The previous order was rescinded, and costs were awarded against the respondents.
Company Names — Name objection — Application by AMKA BRANDS PROPRIETARY LIMITED for the First Respondent, AMKA TRADING PROPRIETARY LIMITED, to change its name due to confusion with the Applicant's well-known trademark — First Respondent did not oppose the application — Tribunal found that the First Respondent's name was confusingly similar to the Applicant's name, likely to mislead the public regarding association — Tribunal ordered the First Respondent to change its name to one that does not include "AMKA" and directed the Companies and Intellectual Properties Commission to register the new name if the First Respondent fails to comply within three months.