Forfeiture — Prevention of Organised Crime Act — Appeal against forfeiture order — Appellant claiming innocence regarding use of truck and trailer in robbery — Court finding that vehicles were instrumentalities of robbery as defined in Schedule 1 of POCA — Evidence supporting that vehicles were integral to execution of robbery — Forfeiture order upheld.
Contract — Adjudication award — Enforcement — Application to enforce adjudication award of R201 039 514,18 — Employer opposing enforcement and seeking stay pending review — Court finding adjudicator's decision binding and enforceable — Employer's arguments regarding Contractor's financial status and performance not sufficient to avoid contractual obligations — Employer ordered to comply with adjudicator's award and pay amount due.
Labour Law — Unfair labour practice — Arbitration award — Applicant municipality complying with arbitration award by paying compensation to employee and tax to SARS — Employee claiming further payment despite compliance — Court finding that payment to SARS constitutes discharge of liability under arbitration award — Writ of execution set aside as municipality has fulfilled its obligations.
Contract — Acknowledgment of debt — Enforcement of settlement agreement — Plaintiff, Transnet Property, seeking recovery of arrears from defendant, Buffalo City Metropolitan Municipality, under a settlement agreement following non-payment — Defendant raising special plea under s 45 of the Intergovernmental Relations Framework Act, claiming legal proceedings are prohibited without prior facilitation — Court finding that the defendant's reliance on the special plea is a misinterpretation of the statutory framework and the contractual terms — Summary judgment granted in favor of the plaintiff for the full amount claimed.
Company Law — Name objection — Section 160 of the Companies Act 71 of 2008 — Applicant seeking determination that First Respondent’s name is confusingly similar to its registered trade mark AEL — First Respondent failing to respond to application — Tribunal finding that First Respondent’s name AEL Logistics (Pty) Limited contravenes sections 11(2)(b) and 11(2)(c)(i) of the Act — Default order granted requiring First Respondent to change its name.
Delict — Damages — Appeal against trial court's award for past and future loss of earnings — Respondent injured by police gunfire resulting in loss of eye — Appellant contending trial court misapplied contingency differential in calculating future loss of income — Court finding no misdirection in trial court's assessment — Appeal dismissed with costs.
Delict — Road Accident Fund — Quantum of damages — Plaintiff injured as a minor in a motor vehicle accident — Defendant conceding liability — Court determining general damages of R600 000 and past and future loss of earnings of R1 168 790,40 based on expert evidence — Assessment reflecting the plaintiff's injuries and future employability — Court emphasizing the speculative nature of loss of earning capacity for an injured minor.
Criminal Law — Murder — Common purpose — Appellant convicted of murder for participation in assault leading to death of deceased — Evidence presented by State sufficient to establish guilt beyond reasonable doubt despite appellant's silence during trial — Court affirming conviction and sentence of life imprisonment as proper application of common purpose doctrine.
Delict — Constitutional damages — Plaintiffs suing South African Custodial Management (Pty) Ltd for damages arising from alleged failures to provide medical care and emotional trauma following the death of an inmate — Court upholding exceptions raised by SACM on grounds that plaintiffs failed to disclose a cause of action for constitutional damages and did not establish a legal duty owed by SACM to the plaintiffs — Claims for emotional distress and contumelia dismissed due to lack of sufficient factual basis.
Company Law — Name objection — Section 160 of the Companies Act 71 of 2008 — Applicant objecting to First Respondent's name as confusingly similar to its registered trade mark TIME SQUARE — First Respondent failing to respond to application — Tribunal finding that First Respondent's name does not satisfy the requirements of section 11(2)(b) and (c)(i) of the Act — Default order granted requiring First Respondent to change its name.
Criminal Procedure — Bail — Provisional cancellation of bail and forfeiture of bail money — Accused failing to appear in court — Court confirming provisional cancellation and forfeiture — Magistrate erroneously imposing a sentence after confirmation — Court finding that the imposition of a sentence was not justified as the proceedings were not a formal trial — Sentence set aside and rights to apply for bail explained to the accused.
Restraint of trade — Affidavit admissibility — Applicant seeking to enforce restraint and confidentiality undertakings against first respondent — Respondents challenging the admissibility of founding and replying affidavits on grounds of improper commissioning by in-house legal counsel — Court upholding preliminary point, declaring affidavits inadmissible, and striking application off the roll with costs — Court finding that the commissioner of oaths had an interest in the matter, thus disqualifying her from attesting the affidavits.