Criminal Law — Sentencing — Appeal against life imprisonment for murder — Appellant convicted of murder, possession of an unlicensed firearm, and unlawful possession of ammunition — Appellant contending that personal circumstances and guilty plea constituted substantial and compelling circumstances for a lesser sentence — Court finding no material misdirection by the Regional Court in imposing life sentence, given the seriousness of the offence and the Appellant's previous murder conviction — Appeal against sentence dismissed.
Companies — Name reservation — Application for reservation of name 'Township Economy Regulatory Council of South Africa' — CIPC refusing reservation on grounds of potential government association — Tribunal finding CIPC exceeded its powers in refusing name — Tribunal determining name creates reasonable impression of state sponsorship, thus contravening section 11(2)(c)(ii) of the Companies Act — Application for name reservation dismissed.
Labour Law — Review of arbitration award — Applicant seeking to set aside award finding dismissal of employee unfair — Employee left work early without authorization citing emergency — Commissioner finding justification for breach and that dismissal was too harsh — Court finding that Commissioner failed to consider material dishonesty and evidence contradicting panic — Review application granted, award set aside.
Civil Procedure — Default judgment — Rescission of default judgment — Applicant seeking rescission of default judgment granted in absence — Court finding that service of summons was not properly executed at the applicant's chosen address — Non-compliance with Practice Manual provisions regarding notice of set down for default judgment — Default judgment rescinded and set aside.
Appeal — Leave to appeal — Urgent interdictory relief — Appellant challenging interim order restraining disposal of deceased estate assets — First Respondent alleging continued possession by Appellant — Court finding urgency established but procedural fairness compromised due to inconsistent notice periods — Leave to appeal granted on grounds of procedural irregularity, but not on merits of the interdict.
Execution — Summary judgment — Declaration of immovable property executable — Plaintiff seeking summary judgment for outstanding mortgage debt — Defendant failing to present valid defense or dispute the amount claimed — Court granting summary judgment but delaying execution for six months to allow defendant opportunity to sell property voluntarily — Reserve price set for potential sale in execution.
Restraint of trade — Enforcement of restraint of trade agreement — Applicant seeking interdict against former employee for breach of restraint of trade and confidentiality agreement — Employee having signed agreement and received compensation for it — Employee taking up employment with competitor after resignation — Court finding that the restraint was enforceable and that the employee had access to confidential information — Interdict granted to prevent employee from working for competitor and using confidential information.
Administrative Law — Lease Agreements — Review of administrative decisions — Applicant challenging the Department's decision to change the leasing regime of state-owned farms — Court finding that the applicant's amendment to introduce a new claim was impermissible as it was not foreshadowed in the founding papers — Application dismissed with costs awarded to the sixth respondent.
Delict — Actio de pauperie — Strict liability — Plaintiff claiming damages for injuries sustained from a dog bite — Defendants denying liability, asserting plaintiff's negligence and intoxication — Court ruling that plaintiff established a prima facie case, placing the onus on the defendants to prove their defense — Defendants failing to discharge the burden of proof — Claim dismissed with costs.
Environmental Law — Urgent application — Clare Estate Ratepayers Association seeking interdict against illegal dumping — Application struck off for lack of urgency — Legal representative ordered to pay costs de bonis propriis — Court finding that urgency was self-created and that the applicant failed to demonstrate immediate harm warranting urgent relief.
Delict — Negligence — Slip and fall incident on premises — Plaintiff claims damages for injuries sustained due to alleged negligence of defendant's employees — Plaintiff slipped on laminated paper on the ground while exiting the store, resulting in multiple injuries — Legal issue revolves around whether the defendant failed to ensure a safe environment for patrons — Court found that the defendant did not take reasonable precautions to prevent the hazardous situation, thus establishing liability for the plaintiff's injuries.
Company Law — Authority of attorney — Dispute regarding authority of attorney to represent company — Applicants challenging validity of board resolution authorising representation — Court finding no personal financial interest as defined in Companies Act 71 of 2008 — Authority of attorney established — Application dismissed.