Company Law — Receivership — Authority of Receivers post-liquidation — Urgent application by Bahurutse Boo Manyana Traditional Community against Receivers of Marico Chrome Corporation — Discharge of provisional liquidation order leading to question of whether Receivers retained authority to manage company affairs — Court finding that upon discharge, management reverted to board of directors, and Receivers had no lawful authority to act thereafter.
Eviction — Commercial Property — Tacit Lease — Eviction Granted — The applicant, Garden Route District Municipality, sought an eviction order against Byxiskan (Pty) Ltd following the expiration of a written lease agreement on 31 May 2023. The respondent claimed a tacit month-to-month lease existed post-expiration, despite not paying rent for three years. The court held that the tacit lease was void ab initio due to non-compliance with the Municipal Asset Transfer Regulations, which require a written agreement for the lease of municipal property, and granted the eviction order.
Criminal Law — Sentencing — Minimum sentences — Appeal against life sentences for rape and robbery — Appellant convicted of multiple serious offences including two counts of rape and robbery with aggravating circumstances — Trial court imposed life sentences in accordance with minimum sentence legislation — Appellant argued substantial and compelling circumstances existed to warrant departure from minimum sentences — Court found no merit in the appeal, affirming that the aggravating factors outweighed any mitigating factors and that the sentences were not disproportionate or startlingly inappropriate in the circumstances.
Road Accident Fund — Prescription — Claim for damages arising from motor vehicle accident — Plaintiff lodging claim for unidentified driver — Defendant raising special plea of prescription and non-compliance with RAF Act — Court finding that failure to communicate objection to claim invalidated special plea of prescription — Claim deemed valid as objection not received within 60 days — Special plea of non-compliance dismissed as Plaintiff waited over 120 days before issuing summons — Costs awarded to Plaintiff.
Labour Law — Unprotected strike — Application for leave to appeal — Respondent sought leave to appeal against a judgment finding individual applicants unfairly dismissed despite their participation in an unprotected strike — Key issues included whether dismissal was justified, appropriateness of full retrospective reinstatement, and entitlement to compensation under section 68(1)(b) of the LRA — Court found no errors in law or fact in the original judgment, affirming that unprotected strike participation does not automatically warrant dismissal and that the applicants' financial motives were relevant considerations — Application for leave to appeal dismissed.
Road Accident Fund — Prescription — Claim lodged with RAF following motor vehicle collision — Plaintiff initially instituted action in Regional Court, later filed in High Court without withdrawing first action — RAF raised special plea of prescription after conceding liability and obtaining interim payment — Court held that prescription was interrupted by service of initial court proceedings, and the RAF's late introduction of the plea of prescription was impermissible as it contradicted prior admissions and prejudiced the plaintiff.
Labour Law — Unfair suspension — Appeal against dismissal of application to review arbitration award — Appellants claiming unfair suspension after fixed-term contracts expired — Commissioner finding reasonable expectation of renewal and awarding compensation — Labour Court ruling that no contract existed at time of suspension, thus no unfair suspension — Appeal dismissed, confirming Labour Court's findings.
Road Accident Fund — Liability — Plaintiff claiming damages for injuries sustained in a motor vehicle accident — Defendant conceding liability for damages — Court awarding R1,852,876.90 for past and future loss of income and general damages — Costs awarded on scale B due to complexity and importance of the case, despite procedural issues with amendment of claim.
Tort — Road Accident Fund — Application for default judgment — Plaintiff seeking damages for injuries sustained by minor child in motor vehicle collision — Defendant's defence struck out due to non-compliance with court orders and failure to appear — Plaintiff's allegations regarding negligence and damages accepted as unopposed — Court held defendant liable for 100% of proved damages and admitted medico-legal reports into evidence.
Summary Judgment — Suretyship — Application for summary judgment against sureties for debts of principal debtor — Plaintiff bank seeking payment on credit agreements secured by suretyships — Defendants failed to present bona fide defenses in opposing affidavits — Court finds that defendants did not adequately dispute the amounts claimed or provide sufficient grounds for defense — Summary judgment granted in favor of the plaintiff.
Judicial Review — Appointment of Sheriff — Applicant sought suspension of Minister's decision to remove him as Sheriff for Lephalale, arguing that the removal did not extend to his appointment as Sheriff for Pretoria North East — Minister contended that the applicant's appointment lapsed due to failure to meet suspensive conditions — Court considered whether the Minister's decision was valid and whether the applicant remained in office pending appeal — Held that the Minister's removal was valid and the applicant was not entitled to remain in office as Sheriff for Pretoria North East.
Criminal Law — Rape — Conviction based on single witness evidence — Appellant convicted on two counts of rape, with the complainant being a single witness — Evidence found satisfactory in all material respects, satisfying the requirements of s 208 of the Criminal Procedure Act 51 of 1977 — No obligation to appoint assessors as s 93ter of the Magistrates' Court Act 32 of 1944 not yet in effect — Court's prerogative to subpoena witnesses exercised judicially — Presentation of victim impact report at sentencing stage not irregular — Appeal dismissed.