Costs — Postponement — Costs of postponement following defendant's counsel's unavailability — Plaintiff ready to proceed but defendant's State Attorney failed to communicate counsel's unavailability in a timely manner — Court awarding party-and-party costs to the plaintiff as the defendant bore sole responsibility for the postponement.
Criminal Procedure — Automatic review — Section 302(1) of the Criminal Procedure Act 51 of 1977 — Conviction of accused 2 for theft out of a motor vehicle set aside due to improper questioning by the magistrate — Questions posed to accused 2 leading and coercive, failing to elicit factual admissions — Conviction altered to housebreaking with intent to steal and attempted theft — Conviction of accused 1 confirmed.
Criminal Procedure — Automatic Review — Sentencing irregularities — Magistrate imposing sentences without considering mitigating and aggravating circumstances — Violation of section 35(3)(a) of the Constitution — Court finding gross irregularity in proceedings — Sentences reviewed and set aside, matters remitted for fresh sentencing proceedings.
Contract — Suretyship — Validity of suretyship agreement — Second respondent contesting enforceability of suretyship on grounds of non-compliance with the General Law Amendment Act 50 of 1956 — Court finding that the suretyship was validly executed and complied with necessary legal requirements — Judgment granted in favor of applicants for payment of R17 600 000.00 plus interest.
Labour Law — Review of arbitration award — Applicant challenging dismissal by SAHRA on grounds of procedural and substantive unfairness — Third Respondent finding dismissal fair based on breaches of Remuneration Policy regarding acting allowances — Court confirming that the arbitrator's decision was reasonable and supported by evidence, thus dismissing the review application.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of respondents from properties owned by Pieriesfontein Boerdery (Pty) Ltd — Respondents disputing ownership based on claims of trust ownership — Court finding that Pieriesfontein was the registered owner and that the sale to the applicant was lawful — Respondents' continued occupation deemed unlawful as no legal right to occupy was established.
Supervisory jurisdiction — Interlocutory application — Applicant seeking disclosure of respondent's bank statements for forensic investigation prior to election of new governing body — Court holding that applicant not entitled to copies of bank statements but allowing limited confidential inspection by the Court to facilitate election process — Respondent directed to bear costs of Independent Panel's remuneration and expenses.
Compromise — Settlement agreement — Enforcement of settlement reached during court-directed negotiations — Municipality's belated opposition to settlement lacking merit — Authority of representatives confirmed — Condonation for late answering affidavit refused — Settlement declared enforceable and made an order of court with costs awarded against the Municipality for its dilatory conduct.
Divorce — Customary marriage — Validity of customary marriage — Respondent alleging customary marriage with appellant — Appellant disputing existence of marriage, claiming no lobolo paid and no celebration held — Court finding insufficient evidence to establish validity of customary marriage — Divorce granted and orders for division of estate and maintenance made.