Execution — Road Accident Fund — Involvement of Minister of Finance and National Treasury in execution proceedings — Applicants, victims of road accidents, sought to compel Respondents to maintain funds pending execution of judgments exceeding R52 million — Court finding that the merits of the case became moot due to RAF settling claims, but applying the Biowatch principle to decline to order costs against Applicants despite their unsuccessful application against the Minister and National Treasury.
Administrative Law — Parole — Review of lifelong parole decision — Applicant sentenced to life imprisonment and placed on lifelong parole — Applicant contending that decision constitutes unfair discrimination and is irrational — Court finding that the decision was rationally connected to the information before the parole board and consistent with applicable legislation — Application for review dismissed.
Legal Practice — Admission as legal practitioner — Application for leave to appeal against refusal of admission — Applicant deemed not a fit and proper person due to deliberate non-disclosure and dishonesty in application — Court finding that applicant's conduct amounted to a lack of honesty, integrity, and trustworthiness essential for the profession — Application for leave to appeal dismissed.
Prescription — Special plea of prescription — Plaintiff claiming damages for breach of contract and duty of care against the Road Accident Fund — Defendant raising special plea of prescription based on the Road Accident Fund Act — Court finding that the claim is not regulated by the Act but by the Prescription Act — Special plea dismissed with costs.
Criminal Procedure — Sentence — Review of sentence imposed by acting magistrate — Accused sentenced to 36 months’ imprisonment, wholly suspended, and 36 months’ correctional supervision for assault with intent to do grievous bodily harm — Court confirming that correctional supervision is distinct from imprisonment and permissible under s 276(3)(a) of the CPA — Sentence of correctional supervision set aside due to exceeding penal jurisdiction of district court — Convictions confirmed.
Civil Procedure — Special plea — Jurisdiction — Defendant delivering special plea disputing jurisdiction without pleading over on merits — Court ruling that defendant barred from contesting merits due to failure to comply with procedural rules — Interests of justice not served by allowing defendant to appear personally at trial — Judgment granted in favor of plaintiff for amounts due under loan agreements.
Criminal Law — Rape — Appeal against sentence — Appellant convicted of three counts of rape of his minor daughter — Sentenced to life imprisonment — Appellant contending trial court misdirected itself in not finding substantial and compelling circumstances for deviation from minimum sentence — Court finding no misdirection as trial court properly considered the seriousness of the offence, personal circumstances of the Appellant, and interests of society — Appeal dismissed.
Leave to appeal — Application for leave to appeal against ex tempore judgment — Applicant claiming R36.6 million related to guarantee and premium disputes — Court finding inconsistencies in demand amounts and lack of proper evidence — Leave to appeal granted despite initial dismissal of claims — Costs awarded in the course.
Costs — Withdrawal of application — Rule 41(1)(a) of Uniform Rules — Applicants seeking to withdraw urgent application after set-down — Respondents contending application should be dismissed with costs — Court granting leave to withdraw but refusing funding claim — Applicants liable for respondents' costs as withdrawal deemed unsuccessful — Mootness not caused by respondents does not absolve applicants from costs.
Labour Law — Dismissal — Review of arbitration award — Employee dismissed for gross insubordination after refusing to drive assigned truck — Employee's claim of unfair dismissal rejected by Bargaining Council — Court finding instruction to drive lawful and reasonable, and employee's defiance constituted gross insubordination — Dismissal upheld as substantively fair.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of rape of a minor and sentenced to life imprisonment — Appellant claiming encounter was consensual and complainant misrepresented her age — Court finding complainant's testimony credible and corroborated by other witnesses — Appeal dismissed, conviction and sentence upheld.
Constitutional Law — Property Practitioners Act — Challenge to definition of 'property practitioner' and requirement for BEE certificate — Applicant contending that provisions are overbroad and infringe constitutional rights — Court finding that the applicant has standing to challenge the provisions, but the definitions and requirements do not constitute an irrational barrier to lawful practice — No constitutional invalidity established.