Administrative Law — Review — Decision of the Regional Land Claims Commission — Application for leave to appeal against the Land Claims Court's ruling that the acceptance of the Dombo Community claim was unlawful — Court finding that the RLCC's prior decision to accept the Tshakuma Community claim remained extant and unchallenged, rendering the subsequent acceptance of the Dombo claim unlawful — Leave to appeal dismissed with costs.
Delict — Road Accident Fund — General damages — Plaintiff sustaining severe injuries in a motor vehicle accident — Defendant admitting 100% liability — Dispute over quantum of general damages with Plaintiff claiming R1,200,000 and Defendant contending R800,000 — Court finding Plaintiff's claim substantiated by expert evidence and awarding R1,200,000 in general damages with interest if not paid within 180 days.
Criminal Law — Appeal — Convictions for murder, attempted murder, and kidnapping — Appellants challenging convictions based on the credibility of a single eyewitness — Court finding that the regional magistrate correctly accepted the eyewitness's evidence as credible and reliable — Appeals of first and second appellants against convictions on count 5 upheld, while other convictions and sentences confirmed — Sentences adjusted to run concurrently.
Labour Law — Review of arbitration award — Application for review of CCMA award regarding unfair dismissal — Applicant contending that commissioner misconceived onus of proof, failed to consider material evidence, and did not resolve factual disputes — Court finding that the commissioner correctly applied the onus of proof and that the award was reasonable and supported by evidence — Review application dismissed.
Possession — Mandament van spolie — Distinction between possession and mere detention — Applicants, acting as employees and trustees, claimed possession of a building — Respondents contended applicants were mere detentors without possessory rights — Court finding that applicants exercised effective control and derived benefit from their activities on the property — Leave to appeal refused as no reasonable prospect of success established.
Labour Law — Review application — Jurisdiction — Applicant seeking to review arbitration award of dismissal — Review application filed late without condonation application — Court finding it lacks jurisdiction to entertain the review — Application struck from the roll with no order as to costs.
Labour Law — Review Application — Jurisdiction of CCMA — Applicant sought to challenge the refusal to shortlist him for a lower-level position, claiming unfair labour practice related to promotion under Section 186(2)(a) of the LRA — The arbitrator found that the dispute did not involve a promotion as the position applied for was of lower rank — Second Respondent confirmed that the CCMA lacked jurisdiction to hear the dispute — Review application dismissed as the awards were found to be correct and unassailable.
Condonation — Application for leave to appeal — Applicant seeking leave to appeal against judgment holding it liable for damages from motorcycle accident — Application dismissed due to failure to comply with Uniform Rule 49(1)(b) — Grounds of appeal not clearly articulated, resulting in a structurally flawed application — Court emphasizing the necessity for clarity and conciseness in appeal applications.
Administrative Law — Communal Property Associations — Legality interdict — Applicant seeking final interdict to prevent First Respondent from holding an AGM — Court finding that the First Respondent acted ultra vires after the expiry of their term — AGM not validly constituted as proper authorization was not presented — Interdict granted to prevent the AGM from proceeding.
Delict — Unlawful arrest and detention — Eight plaintiffs arrested without warrants on suspicion of murder — Claims for damages dismissed — Court finding that the defendant failed to establish reasonable suspicion for the arrests as required by s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Evidence insufficient to justify the arrests, leading to dismissal of claims.
Restraint of Trade — Employment — Enforceability of restraint of trade agreement — Applicant seeking to enforce restraint against respondent who intended to join competitor — Respondent's employment outside of Africa not sufficient to avoid breach of restraint obligations — Court finding that respondent's role would likely involve influence over African operations, thus breaching the restraint agreement.
Judicial Conduct — Complaint against judges — Complainant appealing summary dismissal of complaint regarding sentencing and trial fairness — Complaint dismissed on grounds of lack of jurisdiction of the Judicial Conduct Committee to entertain matters related to judicial decisions — Appeal dismissed as the grounds of complaint pertain to judicial orders and not judicial conduct.