Criminal Law — Theft — Appeal against conviction and sentence — Appellant convicted of theft of a motor vehicle and sentenced to eight years’ imprisonment, four years suspended — Appellant contended he was not the driver and that circumstantial evidence did not prove guilt — Court found that the trial court's findings were not vitiated by irregularity and that the evidence overwhelmingly supported the conviction — Appeal dismissed.
Exception — Cause of action — Plaintiffs alleging negligence against defendants for immobilisation of vehicle due to faulty tracking device installation — First defendant cited as non-existent entity, second defendant lacking personal liability — Exception upheld, plaintiffs granted opportunity to amend particulars of claim.
Administrative Law — Transfer of Detainee — Application for transfer from Helderstroom Correctional Centre to Pollsmoor Prison — Applicant contended that his detention conditions were unconstitutional and procedurally unfair — Respondents argued that the transfer decisions were within their authority and justified due to security concerns — Court held that the decision to transfer the applicant was within the exclusive authority of the National Commissioner or his delegate, and the applicant's claims of procedural unfairness and constitutional violations were not substantiated.
Criminal Law — Murder — Intent to kill — Accused charged with murder, attempted murder, assault, and arson — Allegations of volatile relationship between accused and deceased — Accused followed deceased to her residence after altercation, subsequently throwing a petrol bomb into her room — Deceased died from severe burns — Accused's admissions regarding the incident and injuries sustained — Legal issue of intent to kill established through actions leading to fatality — Accused found guilty on all counts.
Insolvency — Winding-up application — Application by Absa Bank Limited for the final winding-up of Zevoli 298 (Pty) Ltd based on inability to pay debts — Zevoli opposed the application but later withdrew counter-relief claims — Absa established creditor status, Zevoli's indebtedness, and commercial insolvency — Court found no bona fide dispute on reasonable grounds raised by Zevoli regarding its indebtedness — Final winding-up order granted as Zevoli unable to meet payment obligations.
Medical Negligence — Liability — Plaintiff claims damages for medical negligence against the defendant, a medical practitioner, for alleged breach of an oral agreement regarding a choice termination of pregnancy, resulting in permanent sterility. The defendant denies negligence, asserting that the plaintiff was attended by a locum doctor and not himself. The court finds that the plaintiff failed to establish the elements of delictual liability against the defendant, as it was not reasonable to impose a legal duty on him given that he did not attend to the plaintiff or prescribe medication. The claim is dismissed.
Labour Law — Unfair dismissal — Retrenchment — Plaintiffs claiming unfair dismissal due to procedural and substantive unfairness in retrenchment process — Defendant asserting settlement through signed retrenchment notices — Court finding no mutual separation agreement and upholding jurisdiction to adjudicate procedural fairness — Dismissal deemed unfair due to lack of meaningful consultation and coercion in signing retrenchment notices.
Unlawful Arrest and Detention — Action for damages — Plaintiff claiming R400 000 for unlawful arrest and detention by police — Arrest without warrant on suspicion of theft — Defendant asserting lawfulness under s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Onus on defendant to prove lawfulness of arrest — Court finding insufficient evidence to justify reasonable suspicion for arrest — Plaintiff awarded damages for unlawful arrest and detention.
Road Accident Fund — Rescission of default judgment — Application for rescission of default judgment granted against the Road Accident Fund — Applicant failing to provide sufficient cause for delay in bringing application — Founding affidavit lacking personal knowledge and failing to support relief sought — Court dismissing application and awarding punitive costs against the applicant.
Arbitration — Stay of proceedings — Application for stay of main action pending arbitration — Respondent's claims arising from franchise agreement — Clause mandating arbitration as peremptory — Court bound by terms of franchise agreement — Application granted to stay proceedings pending arbitration.
Credit Agreements — Reckless Credit — Appellant alleging over-indebtedness and reckless credit in relation to a credit facility agreement with the respondent — Court finding that the appellant failed to provide satisfactory evidence of over-indebtedness and that the respondent had taken reasonable steps to assess the appellant's financial situation — Appeal dismissed with costs.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant sought to review and set aside an arbitration award regarding alleged unfair dismissal for poor work performance — Applicant employed under fixed term contracts post-retirement, with last contract expiring on 31 December 2019 — Commissioner found no dismissal occurred as employment ended with contract expiration — Applicant argued gross irregularities in arbitration process — Court held that the commissioner correctly determined no dismissal existed, affirming the jurisdictional requirement for CCMA to arbitrate unfair dismissal disputes.