Road Accident Fund — Settlement offer — Plaintiff's claim for damages arising from a motor vehicle accident — Dispute over acceptance of settlement offer — Plaintiff failing to accept offer within stipulated time frame — Court finding no valid acceptance of settlement and that merits of claim not settled — Claim remains to be proven in respect of both merits and quantum.
Civil Procedure — Joinder — Application for leave to appeal against joinder order — Court finding that joinder of Succession Financial Planning Advisory Services (Pty) Ltd as a respondent was correctly executed in compliance with prior court order — No grounds for appeal established — Application for leave to appeal dismissed with costs on attorney-and-client scale.
Appeal — Leave to appeal — Application for leave to appeal against orders granted — Respondents failing to identify appealable grounds — Court finding no reasonable prospects of success on appeal — Leave to appeal refused with costs awarded against respondents.
Delict — Road Accident Fund — Quantum — Plaintiff sustaining severe traumatic brain injury resulting in permanent cognitive and behavioural impairment — Expert evidence admitted on affidavit and left unchallenged — Defendant failing to file expert reports or cross-examine — Uncontroverted expert and actuarial evidence accepted — Complete and permanent loss of earning capacity proven — Damages awarded based on actuarial calculations reflecting substantial loss of earnings.
Winding-up — Application for winding-up — Respondent disputing existence and due date of debt — Applicant alleging verbal agreement for sale of topsoil with payment due 30 days after invoice — Respondent claiming consignment stock arrangement with payment due only upon sale to third parties — Court finding genuine dispute regarding debt and due date — Application dismissed as winding-up proceedings not to be used for debt collection where bona fide dispute exists.
Criminal Law — Appeal — Circumstantial evidence — Appellant convicted of rape, murder, and theft — Appeal dismissed — Court confirming application of circumstantial evidence principles — Appellant's failure to testify and lack of direct evidence linking him to the crimes — Sentences upheld as appropriate given the severity of the offences.
Political Parties — Membership — Expulsion — Applicant, National Freedom Party, seeking to declare the expulsion of the first respondent, Cynthia Mbali Shinga, as valid after an internal appeal process — First respondent contending her expulsion was unlawful and seeking interim relief pending further appeal — Court finding that the interim relief previously granted has lapsed and directing the Speaker to declare the seat vacant — Costs awarded against the first and second respondents.
Criminal Law — Murder — Sentencing — Accused convicted of murder after guilty plea — Pre-sentence report and victim impact statements considered — Court emphasizing the seriousness of domestic violence and the need for deterrence — No substantial and compelling circumstances found to deviate from the prescribed life sentence under the Criminal Law Amendment Act 105 of 1997 — Life imprisonment imposed as appropriate sentence.
Civil Procedure — Contempt of court — Alleged non-compliance with divorce order — Applicant claiming respondent failed to maintain vehicle and provide furniture — Court finding insufficient evidence of wilfulness or mala fides — Contempt not established — Application dismissed.
Family Law — Divorce — Rule 43 application for interim maintenance — Applicant seeking R 8 500.00 maintenance pendente lite and R 50 000.00 contribution towards divorce costs — Court finding both parties financially capable and determining interim maintenance at R 4 000.00 per month — Applicant failing to substantiate claims for higher maintenance and cost contribution.
Administrative Law — Interim interdict — Urgent application by Cape Peninsula University of Technology to interdict South African Dental Technicians Council from requesting Minister of Health's consent for suspension of dental technology programme — Court finding lack of urgency and absence of merits for relief sought — Application dismissed with costs.
Criminal Procedure — Leave to appeal — Application for leave to appeal against conviction for rape, sexual assault, and murder — Applicant contending errors in the trial court's acceptance of complainant's evidence and the weight given to medical and DNA evidence — Court finding no reasonable prospect of success on appeal — Application for leave to appeal dismissed.