Evidence — Expert witnesses — Application to adduce expert evidence by affidavit under Rule 38(2) of the Uniform Rules of Court — Plaintiff seeking to use confirmatory affidavits of experts — Court finding that confirmatory affidavits do not satisfy the requirements of Rule 38(2) as they fail to address the evidence sought to be adduced — Application dismissed due to insufficient justification for deviation from oral evidence norm.
Immigration Law — Permanent residence — Application for default judgment — Applicant seeking declaration of permanent residency after being declared a prohibited person due to possession of a fraudulent ID — Court finding that the applicant failed to challenge the validity of the prohibited person declaration — Court holding that the applicant's permanent residence permit remains valid until set aside, and the application for default judgment cannot succeed without addressing the existing administrative action.
Delict — Road Accident Fund — Special plea — Plaintiff claiming damages for past and future loss of earnings following a motor vehicle accident — Defendant raising special plea of non-compliance with Section 24 of the Road Accident Fund Act — Court finding that failure to specify a head of damage in the claim form does not bar the plaintiff from claiming it in court, provided it arises from the same cause of action — Special plea dismissed.
Road Accident Fund — Settlement Agreement — Res Judicata — Appellant appealing dismissal of claim for loss of earnings after accepting settlement offer from Respondent — Court a quo finding that settlement constituted full and final settlement of all claims, including loss of earnings — Appeal dismissed as the settlement agreement was binding and precluded further claims.
Unlawful arrest and detention — Assault by police officers — Plaintiff claiming damages for unlawful arrest and assault — Defendant denying assault and asserting lawful arrest based on reasonable suspicion of drunken driving — Court finding plaintiff's version less credible than defendant's — Claim dismissed with costs.
Appeal — Leave to appeal — Application for leave to appeal against order compelling production of documents — Respondent failing to demonstrate reasonable prospects of success on appeal — Court finding no compelling reasons for leave to appeal to be granted — Leave to appeal refused with costs.
Immigration Law — Asylum Seekers — Detention — Applicant, an asylum seeker, detained under Immigration Act after indicating intention to apply for asylum — Constitutional Court ruling in Scalabrini Centre of Cape Town v Minister of Home Affairs invalidating provisions that allowed detention pending good cause interview — Court ordering immediate release of applicant as detention unlawful once intention to apply for asylum expressed — Legal framework reverted to pre-amendment state, requiring release upon indication of asylum application.
Labour Law — Unfair dismissal — Review of arbitration award — Employee claiming unfair dismissal after being allegedly assaulted and dismissed without a hearing — Commissioner finding dismissal was both substantively and procedurally unfair — Award of 12 months' compensation upheld as reasonable — Court confirming jurisdictional fact of dismissal established and compensation award within bounds of reasonableness.
Company Law — Name objection — Confusing similarity — Applicant seeking to prevent First Respondent from using name 'MERCHANTS HUB (PTY) LTD' — Applicant holding registered trade marks for 'MERCHANTS' and demonstrating substantial reputation — Tribunal finding name confusingly similar under section 11 of the Companies Act 71 of 2008 — Default judgment granted in favor of Applicant, directing name change.
Admission — Foreign legal qualifications — Recognition and equivalence — Applicant holding foreign law degrees seeking admission as an advocate — Respondents contending degrees do not meet equivalency requirements — Court finding that applicant's qualifications exceed South African LLB standards and satisfy both recognition and equivalence requirements under the Legal Practice Act — Application granted for admission as an advocate.
Immigration Law — Deportation Orders — Magistrates’ Court lacking authority to order deportation upon conviction for contravening section 49(1)(a) of the Immigration Act 13 of 2002 — Court confirming convictions but setting aside deportation orders made by magistrates — Distinction between criminal liability and deportation under the Act emphasized.
Criminal Law — Sentencing — Minimum sentences — Accused convicted of multiple serious offenses including murder and robbery — Court applying minimum sentences as prescribed by the Criminal Law Amendment Act — No substantial and compelling circumstances found to deviate from prescribed sentences — Sentences imposed reflect the seriousness of the crimes and the need for public protection.