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Electricity — Licensing — Review of Nersa decision to amend Eskom's electricity distribution licence — City of Tshwane sought to review and set aside Nersa's decision to include Mooikloof Mega City in Eskom's licensed area, asserting it fell within its own licensed area — Nersa's approval of the amendment challenged on grounds of legality and procedural fairness — Court held that Nersa's decision was unlawful and invalid as it failed to consider Tshwane's constitutional rights and obligations regarding electricity distribution within its jurisdiction.
Labour Law — Jurisdiction — Special plea challenging Labour Court's jurisdiction to adjudicate unfair dismissal dispute — Plaintiff referred unfair labour practice dispute to CCMA prior to dismissal, later classified as automatically unfair dismissal — Defendant contended no proper referral for conciliation existed — Court held that the CCMA's certificate of non-resolution identified the true nature of the dispute, satisfying jurisdictional requirements for adjudication.
Workmen’s Compensation — Permanent disablement — Appeal against tribunal’s assessment of permanent disablement — Appellant sustained multiple back injuries while employed as a truck driver — Tribunal confirmed second respondent’s assessment of 21% permanent disablement — Appellant contended that medical evidence justified a finding of 100% permanent disablement — Tribunal’s reliance on AMA guides and failure to consider functional incapacity challenged — Appeal upheld; tribunal’s decision set aside and total permanent disablement declared as 100%.
Enforcement of consent order — Rescission — Eviction from communal land — Realkit Investments (Pty) Ltd sought enforcement of a consent order for the eviction of the Kagisano Taxi Association from the Ganyesa Taxi Rank premises, which it purchased from the Kagisano-Molopo Local Municipality. The Municipality failed to deliver vacant possession for over eight years and counter-applied for rescission of the consent order. The court held that rescission was not justified as the Municipality's grounds did not meet the required criteria, and the consent order was enforceable. The Taxi Association was ordered to vacate the premises within 60 days, with compensation of R930,000 awarded to Realkit for the Municipality's breach, along with a continuing monthly obligation of R30,000 until vacant possession was delivered.
Medical negligence — Interim payment — Application for interim payment for future medical expenses on behalf of minor child following admission of liability by the respondent — Court held that the defendant's reliance on public healthcare system, without cogent evidence of equivalent care, did not displace the entitlement to a lump sum for future medical expenses — Interim payment of R2 810 317.00 ordered for urgent medical care, with interest and conditions for management of funds established.
Delict — Public Authority Liability — Road maintenance — Motorcyclist injured after striking large pothole on public road — Pothole existed for several weeks and constituted a hidden trap — Public authority deemed to have constructive notice of defect due to size and duration — Wrongfulness established due to failure to maintain road in safe condition — Negligence found in inadequate road inspection and maintenance protocols — Defendant held liable for plaintiff's damages resulting from injuries sustained in accident.
Repossession — Business rescue proceedings — Application for return of vehicles — Applicants sought repossession of vehicles financed under agreements cancelled prior to business rescue — Respondent contended that statutory moratorium under section 133(1) of the Companies Act precluded repossession — Court considered whether respondent's possession was lawful post-cancellation and the applicability of the moratorium — Held, that the moratorium does not apply to property not lawfully possessed by the company, and leave was granted for repossession of the vehicles.
Delict — Liability of municipality — Plaintiffs claimed damages for economic loss due to wrongful interdict obtained by defendant — Interdict closed plaintiffs' businesses based on unsubstantiated claims of harmful effluent — Defendant failed to present evidence to support its claims and did not contest plaintiffs' evidence on liability — Court found defendant liable for damages caused by its negligent and reckless conduct in obtaining the interdict, breaching its duty of care to the plaintiffs.
Tort — Motor vehicle accident — Claim for damages — Plaintiff sustained serious injuries as a passenger in a taxi accident — Defendant held 100% liable for damages due to non-compliance with court orders — Court applied contingency deductions of 35% on future uninjured earnings and 15% on future injured earnings, resulting in a total net loss of earnings of R3,851,759.00 — General damages claim for pain and suffering and disfigurement not adjudicated due to lack of serious injury assessment by the Road Accident Fund.
Appeal — Leave to appeal — Section 18(3) application — Application for leave to appeal against interim order regarding release of vessel — Court finding that interim order was final in effect and appealable — Test for irreparable harm restated — Leave to appeal granted to the Supreme Court of Appeal, but section 18(3) application for suspension of execution refused — Costs awarded against applicants.
Criminal Law — Rape — Appeal against conviction — Complainant a single witness — Discrepancies between testimony and statement not material — DNA evidence not mandatory for conviction — Guilt proven beyond reasonable doubt — Appellant's version not reasonably possibly true — Appeal dismissed. The appellant was convicted of rape in the Cape Town Regional Court. He appealed against the conviction, arguing that the trial court erred in its findings regarding the credibility of the complainant, the absence of DNA evidence, and the application of the cautionary rule. The court found that the State had proven the appellant's guilt beyond a reasonable doubt and that the discrepancies in the complainant's testimony were not material to the conviction.
Wills — Interpretation of wills — Dispute over distribution of estate — Applicants sought a declaratory order regarding the interpretation of the last will of the deceased, specifically concerning the distribution of the residue of the estate among the children — The first respondent contended that he was unfairly excluded from the residual bequest — Court held that the dispute resolution mechanism in the will applied to all children, including the first respondent, and dismissed the application for a declaration excluding him from the residue — Counterapplications for the discharge of the executor and related orders were also dismissed, with costs borne by the estate.