Criminal Law — Appeal — Identification evidence — Appellant convicted of housebreaking and robbery — Appeal against conviction on grounds of insufficient identification evidence — Witnesses providing contradictory accounts regarding whether appellant's face was covered during the robbery — Court finding that the state failed to prove identification beyond reasonable doubt — Conviction and sentence set aside.
Companies — Annual General Meeting — Extension of time to convene AGM — Applicant seeking extension under section 61(7)(b) of the Companies Act 71 of 2008 — Previous extension granted until 27 September 2026 — Delay due to auditors not finalising audit report — Tribunal satisfied that applicant showed good cause for further extension until 25 November 2026 — Application granted.
Labour Law — Dismissal — Substantive and procedural fairness — Third Respondent dismissed for negligence leading to fatality — Court finding that Third Respondent breached safety standards by not ensuring qualified personnel handled the situation — Dismissal deemed substantively fair as Third Respondent's actions constituted a serious offence — Procedural fairness upheld as the disciplinary process was consistent with company policies.
Companies — Winding-up — Summary judgment — Application for summary judgment by liquidators for repayment of void dispositions under section 341(2) of the Companies Act 61 of 1973 — Payments made after commencement of winding-up deemed void — Defendant claiming payments were not dispositions of its property but made as an agent — Court finding payments constituted dispositions and granting summary judgment for repayment of Claim B, with leave to defend Claim A.
Civil Procedure — Discovery — Interlocutory application to compel discovery — Applicant alleging Respondent's discovery affidavit deficient and non-compliant with Rule 35 — Respondent's late filing of answering affidavit and request for condonation — Court granting condonation due to limited prejudice to Applicant and importance of matter — Respondent's failure to provide relevant documents as required by Rule 35(3) — Court finding pattern of non-compliance and granting order compelling further discovery.
Costs — Security for costs — Application for security for costs in main application — Applicant alleging respondent is a peregrinus and main application is vexatious — Court dismissing application for security, finding it an abuse of process — Condonation granted for late delivery of answering affidavit — Costs awarded against applicant on attorney and client scale.
Civil Procedure — Discovery — Rule 35(3) — Applicant seeking further discovery of documents from the Respondent in medical negligence case — Respondent objecting on grounds of relevance and breadth of request — Court determining that requested documents must be relevant to issues raised in pleadings and not constitute a fishing expedition — Application for further discovery partially granted, with limitations on scope.
Administrative Law — Review of administrative action — Applicants seeking to review and set aside a default judgment granted in breach of procedural safeguards and outside jurisdiction — Court finding that the first respondent failed to exhaust internal remedies under the Pension Funds Act before seeking relief — Order set aside as ultra vires and null and void.
Unlawful Arrest and Detention — Malicious Prosecution — Plaintiff suing for damages after being unlawfully arrested and detained for over 17 years — Defendants failing to defend against claims — Court granting default judgment in favor of the plaintiff for unlawful arrest and detention, but denying malicious prosecution due to lack of evidence on malice and instigation of prosecution.
Defamation — Interdict — Application for leave to appeal against final interdict restraining publication of defamatory statements — Court finding urgency justified due to ongoing harm — Requirements for final interdict established, including absence of satisfactory alternative remedy — Application for leave to appeal dismissed as lacking reasonable prospect of success.
Criminal Procedure — Delay in prosecution — Application for permanent stay of prosecution — Applicant seeking to stay criminal trial due to alleged unreasonable delay — Court finding that the application must be brought before the trial court where proceedings are pending — No exceptional circumstances justifying the application in the current court — Application dismissed.
Criminal Procedure — Unlawful arrest and detention — Appeal against dismissal of claim for unlawful arrest — Appellants alleging lack of reasonable suspicion for arrest under section 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding that the arresting officer had reasonable suspicion based on evidence collected during investigation — Appeal dismissed with costs.