Contract — Assignment — Legal successor — Applicant seeking leave to appeal against judgment declaring that the first respondent is bound by the service agreement between the applicant and the second respondent — Court finding that the first respondent, as a legal successor, is obligated to comply with the terms of the agreement despite not being a direct party — Leave to appeal granted based on potential differing conclusions regarding the terms of the MBD agreement.
Criminal Law — Sentencing — Appeal against life imprisonment for rape of minor — Appellant, biological father of victim, contending sentence harsh and inappropriate — Court finding no substantial and compelling circumstances to deviate from minimum sentence prescribed by s 51(1) of the Criminal Law Amendment Act 105 of 1997 — Appeal dismissed.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of rape and sentenced to life imprisonment — Appeal court assessing the competency of a child witness and the sufficiency of the record for appeal — Court finding that the trial court did not misdirect itself in accepting the child as a competent witness and that the available record was sufficient to adjudicate the appeal — Appeal dismissed.
Property Law — Usufruct — Urgent interim relief — Applicants seeking restoration of access to property following unlawful deprivation — Respondents contesting urgency and existence of usufruct — Court finding that applicants established peaceful possession and unlawful deprivation — Interim interdict granted to preserve status quo pending final determination of rights in Part B.
Company Law — Commission of enquiry — Application to stay proceedings under ss 417 and 418 of the Companies Act 61 of 1973 — Applicant contending lack of notice and opportunity to be heard prior to ex parte orders — Court finding prima facie case not established — Application for stay dismissed as liquidators acted within their authority and no abuse of process demonstrated.
Personal Injury Law — Road Accident Fund — Claim for damages — Plaintiff injured in motor vehicle accident while a passenger — Plaintiff suffering significant injuries including fractures and loss of bladder control — Merits settled in favor of plaintiff, trial focused on quantum — Expert evidence presented regarding past and future loss of earnings and general damages — Court awarding damages based on actuarial calculations reflecting loss of earnings and future earning capacity.
Administrative Law — Firearm Licences — Cancellation — Applicant challenging the cancellation of its firearm licences by the Central Firearms Registry — Court finding that the Applicant failed to establish exceptional circumstances to bypass the internal appeal process as required by section 7(2)(c) of the Promotion of Administrative Justice Act — Application for exemption from exhausting internal remedies dismissed.
Exception — Locus standi — Citation of plaintiffs as 'trustees for the time being' — Fourth defendant contending that plaintiffs lack locus standi due to improper citation — Court finding that citation is acceptable and does not invalidate the action — Exception dismissed with costs awarded against the fourth defendant for vexatious conduct.
Civil Procedure — Discovery — Striking out of defence — Unemployment Insurance Fund appealing against order striking out its defence due to non-compliance with discovery order — UIF contending inability to produce documents not in its possession — Court finding UIF's responses vague and non-compliant, undermining justice and public confidence — Striking out of defence deemed appropriate to maintain integrity of court process.
Labour Law — Review of Arbitrator's Ruling — Application for recusal — Applicant sought to review an arbitrator's ruling dismissing his recusal application in an unfair labour practice dispute regarding non-shortlisting for a position — The arbitrator dismissed the recusal application on grounds of perceived bias, asserting it was opportunistic and premature — The Labour Court held that the recusal ruling was set aside and remitted for a de novo hearing, emphasizing the need for a fair process and the appropriateness of addressing the recusal application before proceeding with the arbitration.
Appeal — Reinstatement of appeal — Application for condonation and reinstatement of appeal following withdrawal — Appellants failing to provide adequate explanation for delay exceeding two years in seeking reinstatement — Court finding that the appellants did not establish good cause for reinstatement — Application dismissed with costs.
Civil Procedure — Rescission of judgment — Application for rescission of Striking Order — Applicant contending that order was erroneously granted in his absence — Court finding that the applicant failed to comply with discovery orders leading to the Striking Order — Rescission application dismissed with costs.