Costs — Withdrawal of application — Unilateral withdrawal of interlocutory applications under Uniform Rules 30 and 30A — Applicants filed notice of withdrawal without tendering costs to the Minister — Minister entitled to costs as withdrawal was a legal nullity due to the matter being set down for hearing — Applicants’ applications deemed without merit and pursued for ulterior purposes, constituting an abuse of court processes.
Criminal Law — Appeal against conviction — Appellant convicted of murder and robbery with aggravating circumstances — Evidence insufficient to support convictions — Witnesses unable to identify Appellant as perpetrator of offences — Appeal upheld and convictions set aside. The Appellant was convicted in the Regional Court of murder and robbery with aggravating circumstances, receiving sentences of 20 years and 10 years imprisonment, respectively. He appealed against the convictions, arguing insufficient evidence supported the findings. The legal issue was whether the Appellant was properly convicted based on the evidence presented. The court found that the evidence did not sufficiently identify the Appellant as the perpetrator of the crimes, leading to the conclusion that the convictions were not justified. The appeal was upheld, and the convictions and sentences were set aside, with the Appellant found not guilty of both charges.
Criminal Law — Rape — Conviction of accused for rape of 11-year-old complainant — Complainant's testimony corroborated by medical evidence and witness accounts — Accused's denial found to be unconvincing and lacking credibility — Court satisfied beyond reasonable doubt of accused's guilt.
Franchise Agreements — Non-renewal — Allegation of unfair and unreasonable contractual practices — Tabarakh Investments CC, a fuel retailer, challenged Sasol Oil (Pty) Ltd's decision not to renew its franchise agreement, citing unfair treatment and a reasonable expectation of renewal — The court considered the provisions of section 12B of the Petroleum Products Act, which mandates arbitration for disputes regarding unfair practices — Holding that the matter should proceed to arbitration as the allegations raised substantial questions regarding the fairness of the non-renewal decision.
Defamation — Social media publications — Applicant sought final relief against respondents for defamatory statements made on social media — Statements alleged racism, sexism, and unethical conduct by the applicant — Respondents raised defences of truth, public interest, and fair comment — Court found that the publications were defamatory and that respondents failed to establish a valid defence — Holding: The publications were defamatory of the applicant, and the respondents did not prove the truth of the statements or that they were fair comment based on substantial evidence.
Employment Law — Unfair discrimination — Appeal against Arbitration Award — Appellant challenged findings of unfair discrimination and vicarious liability under the Employment Equity Act — Third Respondent subjected to sexual harassment, leading to an award of R100,000 and mandated training for employees — Appellant's appeal focused on the compensation amount rather than the findings of discrimination or liability — Court confirmed the nature of appeal as concerning substantive correctness of the Arbitration Award, allowing for confirmation, amendment, or setting aside of the decision.
Employment Law — Employment Equity Act — Appeal against Arbitration Award — Appellant challenged findings of unfair discrimination and vicarious liability — Third Respondent subjected to sexual harassment, with Appellant found vicariously liable under section 60(4) of the Employment Equity Act — Appellant's appeal focused on the compensation amount awarded — Court confirmed that the appeal concerned substantive correctness of the Arbitration Award, not a review — Appeal dismissed, confirming findings of unfair discrimination and vicarious liability, and upholding the compensation order.
Contract — Payment for services rendered — Plaintiff claiming payment for services under two tenders accepted by the defendant — Defendant denying liability on grounds of non-performance and failure to meet the scope of work — Court finding that the plaintiff established a credible claim for payment despite partial non-performance — Defendant's reliance on exception non adimpleti contractus not upheld — Payment ordered for services rendered, adjusted for non-completion.
Tax Law — Preservation Order — Provisional Preservation Order sought by SARS against Fourteenth Respondent under Section 163 of the Tax Administration Act — Respondent contesting the order on grounds of lack of evidence linking it to alleged tax liabilities — Court finding sufficient evidence of realisable assets and reasonable apprehension of tax liability — Preservation Order confirmed to prevent dissipation of assets pending tax recovery.
Appeal — Leave to appeal — Application for leave to appeal against judgment of High Court — Applicant seeking leave to appeal to Supreme Court of Appeal, asserting important legal questions regarding section 47(1) of the Superior Courts Act — Condonation for late filing of leave to appeal granted due to reasonable explanation for delay and significance of matter — Leave to appeal granted as compelling reasons exist for higher court's consideration.
Contract — Cancellation — Validity of cancellation of Master Instalment Sale Agreement — Applicant sought repossession of equipment due to respondent's payment default — Respondent contended cancellation was premature and invalid due to alleged non-compliance with notice requirements — Court held that applicant validly cancelled the agreement based on specific provisions addressing non-payment, and that the cancellation notice was adequately delivered — Applicant entitled to dispose of the equipment and claim costs as per contractual terms.
Civil Procedure — Amendment of pleadings — Application for condonation for late amendment — Both parties seeking condonation for late filing of applications — Delay not substantial and no material prejudice identified — Interests of justice favour granting condonation. Non-Joinder — Special plea of non-joinder — Plaintiff alleges Excellerate has a substantial interest in the proceedings — Defendant contends special plea is excipiable as no relief sought against Excellerate — Court finds plaintiff's allegations sufficient to withstand exception, allowing the special plea to stand. Counterclaim — Exception to plaintiff’s plea — Defendant alleges breach of lease agreement in calling up guarantee — Court holds that defendant has not established that the plaintiff’s reliance on a written demand or invoices is legally unsustainable at exception stage — Plea not vague or embarrassing, and defendant understands the case it must meet.