Labour Law — Termination of Employment — Resignation versus Dismissal — Urgent application for declaratory orders regarding the validity of the termination of Dr Willem Smith's employment contract by the Department of Health Northern Cape after his resignation. The applicant contended that the termination was null and void as it occurred post-resignation, and sought to amend the persal record accordingly. The court found that the application lacked urgency as the applicant failed to demonstrate that the situation was self-created and did not establish a cause of action or jurisdiction under the Labour Relations Act. Consequently, the application was struck from the roll.
Labour Law — Rescission of default judgment — Respondent sought rescission of default judgment granted in favour of applicants following dismissal of their claims — Respondent's application for rescission initiated outside of stipulated time frames, but court found no unreasonable delay — Respondent failed to demonstrate a reasonable explanation for its default and did not establish a bona fide defence with prospects of success — Rescission application dismissed.
Delict — Causation — Claim for loss of support — Dependants' claim following deceased's suicide — Deceased's injuries from motor vehicle collision leading to significant impairment — Trial court finding no causal link between injuries and suicide — Full court overturning trial court's decision, accepting expert evidence of psychological impact — Supreme Court of Appeal addressing whether suicide constituted a novus actus interveniens — Holding that factual causation was established despite absence of diagnosed mental illness, thereby upholding the appeal and reinstating the claim for damages.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant, a police sergeant, convicted of raping a complainant while on duty — Evidence of a single witness approached with caution — Guilt proven beyond a reasonable doubt — Appellant's implausible version — No substantial and compelling circumstances to deviate from minimum sentence of ten years' imprisonment as per section 51(3) of the Criminal Law Amendment Act 105 of 1997 — Appeal dismissed.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant, a police sergeant, convicted of raping complainant while on duty — Evidence of a single witness approached with caution — Guilt proven beyond a reasonable doubt — Appellant's implausible version — No compelling and substantial circumstances to deviate from minimum sentence — Appeal dismissed.
Arbitration — Review of award — Setting aside of interim award due to procedural irregularity — Arbitrator's decision on point in limine without evidence led constitutes gross irregularity — Parties' agreement to adjudicate point in limine does not negate procedural fairness. Summary: The applicants sought to review and set aside an interim arbitration award made by the first respondent, which upheld a point in limine raised by the second respondent without allowing the presentation of evidence. The applicants contended that the arbitrator's decision was procedurally unfair and constituted a gross irregularity. The court found that the interim award was vitiated by the failure to adhere to the audi alteram partem rule, leading to the remittal of the dispute to a newly constituted arbitration tribunal. Holding: The interim arbitration award is reviewed and set aside, and the dispute is remitted for adjudication before a new arbitration tribunal in accordance with the Arbitration Act.
Representation — Company representation — Right of audience — Director not a legal practitioner — The applicant sought summary judgment against the first respondent, a company, and the second respondent, its director, based on a loan agreement. The second respondent attempted to represent the company in court despite not being a qualified legal practitioner. The court held that a company must be represented by a legal practitioner in court proceedings, and actions taken by a director without such representation are a nullity. Consequently, the first respondent's opposition was deemed invalid, leading to the granting of summary judgment against it. The second respondent's personal defense was found to be unsustainable based on the clear terms of the loan agreement, resulting in summary judgment also being granted against her.
Criminal Law — Sentencing — Minimum sentence for murder — Accused convicted of murder of heavily pregnant partner — State invoking minimum sentence of life imprisonment under Criminal Law Amendment Act 105 of 1997 — Accused's lack of remorse and brutal nature of the crime considered as aggravating factors — Court finding no substantial and compelling circumstances to deviate from the prescribed minimum sentence — Life imprisonment imposed.
Sentence — Prescribed minimum sentence — Conviction for multiple serious offenses including murder and attempted murder — Court considers the principles of justice and mercy in sentencing — No substantial and compelling circumstances found to justify deviation from prescribed minimum sentences — Life imprisonment imposed for murder counts, with lesser concurrent sentences for attempted murder, pointing a firearm, and kidnapping — Sentencing reflects the heinous nature of the crimes and the impact on victims and society.
Criminal Law — Murder and Rape — Accused charged with murder and rape of a 13-year-old girl — Body discovered in a locked shack — Accused's admissions made during transport to police station and later in custody — Trial within a trial held to determine admissibility of statements — Statements ruled admissible despite claims of duress — Accused's conviction upheld based on corroborative evidence and admissions.
Unlawful Arrest and Detention — Malicious Prosecution — Plaintiff claims R3 million for unlawful arrest and detention by First Defendant and R1 million for malicious prosecution by Second Defendant — Plaintiff arrested on 28 December 2017, detained without charge until 2 January 2018, and charges withdrawn on 29 August 2018 — Court to determine onus of proof for unlawful arrest and detention claims — Plaintiff's testimony regarding arrest and detention conditions contrasted with First Defendant's account — Court finds that Plaintiff's arrest was unlawful and detention constituted a violation of rights, leading to a ruling in favor of the Plaintiff.
Admissibility of evidence — Cell phone records — Cell phone records admissible as evidence without formal authentication by service provider witness if reliability and integrity established — Appellants convicted of kidnapping, murder, and theft, challenging convictions on grounds of inadmissibility of cell phone records and lack of direct evidence linking them to the crimes — Court held that cell phone records could constitute real evidence, dismissing the appeal against convictions and sentences.