Malicious prosecution — Continuous prosecution — Appellant claimed unlawful arrest and detention followed by malicious prosecution — First prosecution concluded with conviction, later set aside on review, leading to second prosecution — Court a quo found two distinct prosecutions, awarding damages only for the second — Appellant contended both prosecutions constituted a single continuous event — Court held that the entire process from initial arrest to final acquittal should be regarded as a single sequence, thus entitling appellant to damages for both periods of detention.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant seeking to set aside award reinstating employee after finding dismissal substantively unfair — Employee dismissed for gross misconduct related to drug use — Evidence presented at arbitration included CCTV footage and testimony from health and safety officers — Arbitrator's conclusion based on balance of probabilities that dismissal was unfair — Review application dismissed, upholding the reinstatement and backpay awarded to employee.
Practice and Procedure — Opposed motion — Non-compliance with practice directives — Applicant's failure to file compliant practice note within prescribed time leading to potential removal from roll — Court's discretion to remove matter or allow postponement — First respondent's late appointment of attorneys and need for further preparation justified postponement despite applicant's objections — Matter not removed from roll; postponement granted to allow proper consideration of new factual developments.
Criminal Law — Sentencing — Life imprisonment for rape of a minor — Appellant convicted and sentenced to life imprisonment under the Criminal Law Amendment Act — Appellant appealing against the sentence, arguing that mitigating factors constituted substantial and compelling circumstances — Court finding that aggravating circumstances outweighed mitigating factors, and no substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence — Appeal dismissed.
Eviction — Unlawful eviction — Spoliation — Applicants claimed unlawful eviction from property without a court order — Respondents contended eviction was lawful under existing order — Applicants acknowledged existence of eviction order but argued it had lapsed — Court found eviction order valid and properly executed, dismissing the application for restoration of possession and interdict against eviction — Applicants ordered to pay costs on attorney-client scale due to reckless litigation conduct.
Criminal Law — Appeal against conviction and sentence — Appellant convicted of Theft and Money Laundering — Allegations of misrepresentation to the Department of Rural Development and Land Affairs regarding services rendered to the Endloveni Community — Appellant contended that he was not personally involved in the receipt of funds and that the Close Corporation should have been charged instead — Evidence indicated that funds were deposited into the Close Corporation's account, with no direct payments made to the appellant personally — Appeal upheld on the basis that the evidence did not support the conviction of the appellant as an individual.
Parental Rights — Guardianship — Application to waive requirement for guardian’s consent under the Children’s Act — Applicant sought to relocate with minor child to New Zealand without Respondent's consent — Respondent's sporadic contact and failure to maintain child — Application granted to circumscribe Respondent's parental rights and allow relocation — Counter-application dismissed as intended to frustrate Applicant's intentions.
Joinder — Irregular joinder — Application to set aside joinder of a party — First respondent sought to join Melrose Sports and Recreation Club NPC as third respondent via amended notice of motion under rule 53(4) — Applicant contended that rule 53(4) does not permit joinder of new parties — Court held that joinder must follow the proper procedure as outlined in rule 10, and that the reliance on rule 53(4) for joinder was misguided — Joinder set aside as an irregular step in terms of rule 30, with costs awarded to the applicant.
Enforcement — Adjudicator's award — Review application — Contractor sought to enforce adjudicator's award while Employer applied to review and set aside the award — Court consolidated the applications and dismissed the review application due to lack of legal basis and non-compliance with Rule 53 of the Uniform Rules of Court — The adjudication process was contractual, and the Employer was bound to pursue arbitration as per the contract terms.
Trusts — Shareholding dispute — Trustees of LFFKA Trust seeking declaratory relief regarding shareholding in Spinesolv (Pty) Ltd — Dispute over beneficial ownership of shares between trustees and current director — Parties agreed to refer ownership dispute to trial and sought interim relief regarding management oversight — Court to consider appointment of independent director to oversee Spinesolv’s affairs pending trial.
Judicial Independence — Citation of judges — Section 47 of the Superior Courts Act prohibits the citation of judges without consent — Applicants sought to cite Dlamini J to compel delivery of judgment, claiming a hearing had occurred — Court found that the matter was removed from the roll for non-appearance and non-compliance, with no hearing on the merits having taken place — Applicants' reliance on section 34 of the Constitution was misplaced as there was no adjudicative obligation arising from improperly constituted proceedings — Request for consent to cite Dlamini J refused, as no factual or legal basis was established.
Leave to appeal — Vexatious litigant — Applicant sought leave to appeal against the dismissal of an urgent application for a declaratory order regarding the enforceability of prior court orders — Court found no pending leave application against an interim order, which was not automatically suspended — Applicant declared a vexatious litigant due to a history of repetitive and unwarranted litigation — Application for leave to appeal refused as applicant failed to demonstrate reasonable prospects of success on the grounds advanced.