Companies — Tribunal review — Applicant challenging decision of Companies and Intellectual Properties Commission (CIPC) regarding alleged fraudulent removal as director — CIPC declined to investigate complaint, stating it did not allege facts constituting grounds for remedy under Companies Act — Applicant contended he did not resign and was improperly removed — Tribunal found CIPC's decision justified and noted allegations should be referred to SAPS — Application dismissed.
Bail — Release on bail pending sentencing — Applicants convicted of schedule 6 offences seeking bail — Test for granting bail requiring demonstration of exceptional circumstances — Applicants failed to show legal threshold met, relying solely on personal and familial interests — Applications for bail dismissed.
Criminal Law — Evidence of a single witness — Conviction of murder — Appellant convicted alongside brother, with evidence primarily from a single witness who did not see the stabbing — Appeal against conviction based on reliance on common purpose doctrine not alleged in charge sheet — Trial court found witness credible despite being single — Appeal court found insufficient evidence to sustain conviction. The appellant, Hlalanathi Ngwadla, was convicted of murder alongside his brother, with the conviction largely based on the testimony of a single witness, Mr. Riet, who did not directly witness the stabbing incident. The trial court accepted the witness's account, despite inconsistencies in the evidence presented by the appellant and his brother. The legal issue was whether the evidence of a single witness was sufficient to sustain a conviction for murder and whether the reliance on the doctrine of common purpose was competent in the absence of an allegation in the charge sheet. The Supreme Court of Appeal held that the appeal succeeded, finding that the conviction and sentence were not supported by sufficient evidence, resulting in the appellant being acquitted and ordered to be released promptly.
Legal Practice — Disciplinary proceedings — Appeal against striking-off order — Attorney suspended from practice and subsequently struck from roll — Application for condonation of late appeal filed after inordinate delay — No exceptional circumstances established — No prospects of success on appeal — Interests of justice not served by granting condonation. The applicant, an attorney, was struck from the roll of practitioners following a disciplinary process initiated by the South African Legal Practice Council due to complaints of misconduct, including misappropriation of client funds. He continued to practice under a different name despite the striking-off order and sought to appeal the decision, filing for condonation after significant delays. The court held that the applicant failed to demonstrate exceptional circumstances justifying the late filing of his appeal, and found that there were no prospects of success. Consequently, condonation was refused, and the applicant was ordered to pay the respondent’s costs on an attorney-and-client scale.
Agricultural Law — Foot-and-Mouth Disease — Interim interdict for private vaccination — Applicants sought interim relief to allow private procurement and self-administration of FMD vaccines following a government declaration of emergency due to an outbreak. The respondents contended that only government could manage vaccinations, citing a lack of legal basis for private administration. The court found that no prohibition against private vaccinations was established in the Animal Diseases Act or its regulations, and the applicants demonstrated a prima facie right to the relief sought, warranting the granting of the interim interdict.
Constitutional Law — Political Party Funding — Appeal against costs orders in urgent constitutional litigation regarding political party funding thresholds — My Vote Counts NPC sought a rule nisi to maintain pre-existing donation limits pending determination of new thresholds under the Electoral Matters Amendment Act — Court a quo granted rule nisi but refused interim relief and imposed costs orders — Appeal confined to costs, challenging the justification of costs orders against appellants despite their substantial success in obtaining the rule nisi — Court upheld appeal, set aside costs orders, and substituted with an order for costs in the cause.
Labour Law — Constructive Dismissal — Jurisdiction of CCMA — Employee alleging constructive dismissal due to intolerable working conditions — Court finding that employee did not establish intolerability as required by section 186(1) of the Labour Relations Act — CCMA lacking jurisdiction to arbitrate the dispute — Appeal upheld and arbitration award set aside.
Labour Law — Leave to appeal — Application for leave to appeal against judgment setting aside dismissal of school principal — Court finding reasonable prospects of success on appeal based on grounds raised by the applicant — Issues concerning insubordination and the application of the Labour Relations Act — Leave to appeal granted to the Labour Appeal Court.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant dismissed for sexual harassment — Misconduct not disputed — Arbitrator found dismissal fair despite Applicant's apology — Applicant claimed double jeopardy — Court held that DCS was obligated to follow disciplinary procedures regardless of apology — Award upheld as justifiable in light of the nature of misconduct and applicable workplace policies.
Insolvency — Dispositions not made for value — Liquidators of Swifambo Rail Leasing (Pty) Ltd sought to set aside VAT payments made to SARS as dispositions not made for value under Section 26(1) of the Insolvency Act — Plaintiffs argued that the payments were made sine causa following the retrospective invalidation of the purchase agreement with PRASA — SARS contended that the payments were lawful discharges of a statutory obligation and constituted value — Court held that the determination of whether the VAT payments were made for value required an assessment of the lawful obligation to pay VAT at the time of payment, concluding that the payments were not made sine causa and thus not subject to being set aside under Section 26 of the Insolvency Act.
Criminal Law — Appeal against conviction and sentence — Appellants convicted of murder and unlawful possession of firearms — Appellants' vehicle linked to crime scene where deceased was shot — Circumstantial evidence, including firearms and jamming device found in vehicle, implicates appellants — Appellants' silence during trial and failure to provide alternative explanations weigh against them — Appeal dismissed as evidence overwhelmingly supports convictions and sentences imposed by trial court.
Arbitration — Review of arbitration award — Appeal against court's decision to set aside award — Appellant contending that review application was flawed for not alleging procedural irregularities — Respondent asserting arbitrator exceeded mandate and failed to determine all issues — Court confirming referral to new arbitrator with specific appointment process. The appellant, Transpeninsula Investments (Pty) Ltd, appealed against the decision of the court of first instance that reviewed and set aside the arbitration award made by the second respondent in a dispute with the City of Cape Town. The appellant argued that the review application was improperly based solely on alleged errors of law and fact, rather than procedural irregularities. The City contended that the arbitrator had exceeded his powers and failed to address all pleaded issues, resulting in significant financial prejudice. The court dismissed the appeal, confirming the lower court's order while amending the referral to a new arbitrator, stipulating a process for appointment within specified time frames.