Arbitration — Rescission of judgments — Application to rescind enforcement order and set aside arbitration award — Appellant, Kingdom of Lesotho, sought to rescind a judgment making an arbitration award an order of court and to set aside the arbitration award itself — High Court dismissed the rescission application — Appeal upheld, rescission granted, and enforcement order set aside — Legal issues included the grounds for rescission under Uniform Rule 42(1)(a) and the application of article 34(3) of the UNCITRAL Model Law regarding time limits for setting aside arbitration awards.
Labour Law — Unfair Dismissal — Section 197 of the Labour Relations Act — Employees claiming unfair dismissal following transfer of business — Court determining whether transfer constituted a going concern and if dismissal was automatically unfair — Finding that the transfer did not meet the criteria for a going concern as employees were not absorbed — Dismissal deemed automatically unfair, with compensation awarded to employees.
Criminal Law — Circumstantial evidence — Conviction for murder, robbery, and housebreaking based on circumstantial evidence, including the presence of the deceased's blood on the appellant's clothing — Appellant's explanation of blood transfer rejected as not reasonably possibly true — Appeal against conviction and sentence of life imprisonment — Hearsay evidence admitted without proper scrutiny — Convictions set aside due to lack of credible evidence linking appellant to the crime beyond reasonable doubt.
Criminal law — Sentence — Rape of a child — Appellant pleaded guilty to the rape of his five-year-old niece — Convicted under s 51(1) of the Criminal Law Amendment Act 105 of 1997, mandating life imprisonment unless substantial and compelling circumstances exist — Appeal against life sentence dismissed as no misdirection by trial court found; appellant's personal circumstances and guilty plea did not constitute substantial and compelling circumstances justifying a lesser sentence; psychological impact on the victim and breach of familial trust weighed heavily against the appellant.
Criminal Law — Sentencing — Life imprisonment for rape and murder — Accused found guilty of raping and murdering a 13-year-old girl — Court required to consider whether substantial and compelling circumstances exist to deviate from prescribed life sentences — Nature and seriousness of the crimes, alongside societal interests, outweigh the accused's personal circumstances — No substantial and compelling circumstances found to justify deviation from the mandatory life sentences.
Delict — Road Accident Fund — Claim for damages arising from hit-and-run accident — Plaintiff, a minor at the time of the accident, sustaining injuries and claiming for general damages, past and future loss of earnings — Defendant's defence struck out for non-compliance — Court evaluating expert evidence and finding plaintiff's injuries established — Damages awarded in the amount claimed, reflecting significant impact on plaintiff's life and future prospects.
Criminal Procedure — Appeal — Incomplete record — Appellant convicted of robbery with aggravating circumstances and sentenced to 20 years imprisonment — Appeal upheld due to inability to reconstruct trial record — Court finds no technical irregularity in proceedings, but lack of record compromises appellant's right to a fair appeal — Conviction and sentence set aside, with no remittal for retrial.
Transfer of proceedings — Superior Courts Act 10 of 2013 — Transfer of matter from Northern Cape Division to Free State Division on grounds of convenience — Court's authority to refuse to entertain matter already transferred — Transferee court lacks authority to reconsider validity of transfer order — Convenience of legal representatives insufficient basis for transfer — Jurisdiction of High Court dependent on recognized connecting factors between dispute and territorial area.
Application for leave to appeal — Superior Courts Act 10 of 2013 — First and second respondents sought leave to appeal against a judgment granting declaratory relief to the applicant regarding a confidentiality agreement — Respondents contended that the court erred in its jurisdictional findings and misapplied common law principles — Court held that the appeal had reasonable prospects of success and involved important questions of law, thus granting leave to appeal to the Full Court of the Gauteng Division.
Companies — Removal of director — Application for removal of director under section 71(8) of the Companies Act 71 of 2008 — Applicant alleging misconduct and breaches of fiduciary duty by director — Director opposing application on grounds of it being a shareholders dispute — Tribunal finding substantial evidence of director’s dereliction of duty and improper financial conduct — Application for removal granted.
Damages — Loss of support — Plaintiff, acting on behalf of her minor child, claimed damages from the Road Accident Fund following the death of the child's father in a motor vehicle accident — Defendant failed to deliver a plea and was barred — Court evaluated expert evidence regarding the father's earning potential and the child's dependency — Court held that the defendant was fully liable for the damages and awarded R1,194,550.85 for loss of support, determining a dependency period until age 21 was appropriate.
Criminal Law — Attempted murder — Circumstantial evidence — Appellant discovered deceased with another man, resulting in violent disturbance and threats — Deceased later found with severe head injuries — Conviction for attempted murder upheld despite contradictions in witness testimony, as reliable portions corroborated by objective facts — Appeal against conviction and sentence dismissed.