Prescription — Special plea of prescription — Plaintiff claiming damages for breach of contract and duty of care against the Road Accident Fund — Defendant raising special plea of prescription based on the Road Accident Fund Act — Court finding that the claim is not regulated by the Act but by the Prescription Act — Special plea dismissed with costs.
Criminal Procedure — Sentence — Review of sentence imposed by acting magistrate — Accused sentenced to 36 months’ imprisonment, wholly suspended, and 36 months’ correctional supervision for assault with intent to do grievous bodily harm — Court confirming that correctional supervision is distinct from imprisonment and permissible under s 276(3)(a) of the CPA — Sentence of correctional supervision set aside due to exceeding penal jurisdiction of district court — Convictions confirmed.
Civil Procedure — Special plea — Jurisdiction — Defendant delivering special plea disputing jurisdiction without pleading over on merits — Court ruling that defendant barred from contesting merits due to failure to comply with procedural rules — Interests of justice not served by allowing defendant to appear personally at trial — Judgment granted in favor of plaintiff for amounts due under loan agreements.
Criminal Law — Rape — Appeal against sentence — Appellant convicted of three counts of rape of his minor daughter — Sentenced to life imprisonment — Appellant contending trial court misdirected itself in not finding substantial and compelling circumstances for deviation from minimum sentence — Court finding no misdirection as trial court properly considered the seriousness of the offence, personal circumstances of the Appellant, and interests of society — Appeal dismissed.
Leave to appeal — Application for leave to appeal against ex tempore judgment — Applicant claiming R36.6 million related to guarantee and premium disputes — Court finding inconsistencies in demand amounts and lack of proper evidence — Leave to appeal granted despite initial dismissal of claims — Costs awarded in the course.
Costs — Withdrawal of application — Rule 41(1)(a) of Uniform Rules — Applicants seeking to withdraw urgent application after set-down — Respondents contending application should be dismissed with costs — Court granting leave to withdraw but refusing funding claim — Applicants liable for respondents' costs as withdrawal deemed unsuccessful — Mootness not caused by respondents does not absolve applicants from costs.
Labour Law — Dismissal — Review of arbitration award — Employee dismissed for gross insubordination after refusing to drive assigned truck — Employee's claim of unfair dismissal rejected by Bargaining Council — Court finding instruction to drive lawful and reasonable, and employee's defiance constituted gross insubordination — Dismissal upheld as substantively fair.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of rape of a minor and sentenced to life imprisonment — Appellant claiming encounter was consensual and complainant misrepresented her age — Court finding complainant's testimony credible and corroborated by other witnesses — Appeal dismissed, conviction and sentence upheld.
Constitutional Law — Property Practitioners Act — Challenge to definition of 'property practitioner' and requirement for BEE certificate — Applicant contending that provisions are overbroad and infringe constitutional rights — Court finding that the applicant has standing to challenge the provisions, but the definitions and requirements do not constitute an irrational barrier to lawful practice — No constitutional invalidity established.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for alleged misconduct after leaving vehicle unattended, resulting in damage — Arbitrator finding dismissal substantively fair — Court assessing whether the arbitrator's decision was reasonable and based on evidence — Court concluding that the dismissal was substantively unfair due to lack of clear company policy prohibiting leaving vehicles unattended and inconsistencies in evidence regarding alleged misconduct.
Appeal — Leave to appeal — Summary judgment — Plaintiff seeking leave to appeal against dismissal of summary judgment application — Defendants opposing on grounds of lack of reasonable prospects of success and absence of compelling reasons — Court finding that the order is interlocutory and not appealable, as it does not finally determine rights of parties — Interests of justice do not warrant appellate intervention at this stage.
Insolvency — Liquidation — Interim interdict — Applicants seeking urgent interdict to restrain First Respondent from conducting business of Money Box Investments 156 (Pty) Ltd in liquidation — Court finding that applicants failed to establish urgency as required by Rule 6(12) of the Uniform Rules of Court — Ongoing mining operations disputed and not sufficiently linked to Money Box — Application dismissed.