Criminal Law — Rape and Robbery — Accused charged with multiple counts including rape and robbery — Initially pleaded guilty but later changed plea to not guilty — State's evidence included testimonies from victims and witnesses identifying the accused and detailing the incidents — Accused denied all allegations, claiming lack of knowledge of victims — Court found sufficient evidence to support the charges against the accused, leading to conviction.
Costs — Attorney and client costs — Conduct of NHLS/NICD in litigation — NHLS/NICD initially abided application for release of confidential medical information but changed position shortly before hearing, leading to unnecessary costs and delays — Court held that NHLS/NICD's late affidavit and lack of communication constituted a failure to meet the standard expected of state organs — Attorney and client costs order granted against NHLS/NICD for their ineptitude and failure to assist the court effectively.
Eviction — Commercial premises — Eviction application following cancellation of lease agreement — Previous finding of tacit relocation does not preclude further eviction application — Lessee bound by conduct rules of body corporate — Enrichment lien not a valid defense against eviction. Applicant sought eviction of the first respondent from commercial premises following cancellation of a written lease due to non-payment and breach of terms. The court found that the previous tacit lease did not prevent the current eviction application and that the lessee was required to comply with conduct rules, which prohibited the operation of a nightclub. The first respondent was ordered to vacate the premises by a specified date, with costs awarded to the applicant.
Special Investigating Unit — Review application — Legality of grant funding awarded by National Lotteries Commission to SASCOC — Applicant seeks to set aside funding decision and grant agreement due to misrepresentation and unlawful appropriation of funds — Respondents contest validity of claims and raise factual disputes — Court finds that the funding was unlawfully awarded and misappropriated, thus granting the application for review and declaring the agreement invalid ab initio.
Criminal Law — Sentencing — Minimum sentences under the Criminal Law Amendment Act 105 of 1997 — Accused convicted of multiple serious offences including murder and attempted murder — No substantial and compelling circumstances presented to justify departure from prescribed minimum sentences — Court imposes life imprisonment for murder counts and concurrent sentences for other convictions.
Liquor Licensing — Interim relief — Application for liquor store license — Boxer Superstores (Pty) Ltd sought interim relief to trade in liquor pending review of Gauteng Liquor Board's refusal of its application — Board's refusal based on objections from local traders and concerns regarding public interest and monopolistic conditions — Objections withdrawn prior to hearing, yet Board persisted in opposition — Court held that the applicant had a prima facie right to the interim relief sought, and that the Board's decision was subject to review under the Promotion of Administrative Justice Act — Interim relief granted to allow trading pending final determination of the review application.
Intervention — Application to intervene — Unopposed application for intervention in ongoing litigation regarding communal land transfers — Parties to the main application no longer opposing intervention — Court grants leave to intervene and regulates further conduct of the matter — Merits of the main application and intervention to be determined in subsequent hearings.
Urgent Applications — Urgency — Review of procurement decision — Applicants sought urgent review of a procurement decision by the North West Parks & Tourism Board, alleging material delay due to the time taken to obtain the Rule 53 record — Court found urgency was self-created, with a delay of 148 to 161 days since knowledge of the impugned arrangement — No specific harm identified, and substantial redress available in due course — Application struck from the urgent roll, with costs awarded on the attorney-and-client scale due to abuse of the urgent jurisdiction.
Labour Law — Rescission of judgment — Application for rescission of an order directing payment of salary — City of Tshwane Metropolitan Municipality sought to rescind order granted in its absence — Court held that City failed to provide a reasonable explanation for its absence at the hearing — City’s claim of misunderstanding regarding the hearing format deemed insufficient — Appeal dismissed as City did not meet the requirements for rescission under Rule 42(1)(a) or common law.
Insolvency — Sequestration — Application for final sequestration of personal estate and family trust — Applicant (SARS) established substantial tax indebtedness of first respondent (Mr Shabangu) and the Trust — First respondent admitted tax liability but claimed mala fides in sequestration application — Court found that the sequestration would benefit creditors by allowing for the examination of finances and potential recovery of assets — Final sequestration order granted for both the personal estate of Mr Shabangu and the Roux Shabangu Family Trust.
Arbitration — Appeal — Setting aside of appeal tribunal’s award — Applicant seeking to set aside award based on alleged misconduct and exceeding of powers — Court finding that failure to challenge underlying arbitrator’s award fatal to application — Application dismissed with costs.
Labour Law — Execution — Stay of execution — Applicants seeking to stay writ of execution pending rescission application — Court finding urgency self-created but in the interests of justice to hear matter — Balance of convenience favoring stay due to potential disruption of provincial department's functions — Stay granted on condition of security being lodged.