Settlement Agreement — Labour Relations Act — Application to make settlement agreement an order of court — Agreement not concluded in settlement of a referable dispute as required by section 158(1)(c) and 158(1A) of the LRA — Court finding no nexus established between the agreement and any dispute capable of referral — Application dismissed.
Delict — Negligence — Public carrier's duty of care — Plaintiff injured after being pushed from moving train — Defendant failing to ensure doors were closed — Court finding defendant liable for 100% of plaintiff's damages — Validity of train ticket not a requirement for establishing liability.
Competition Law — Review of Competition Commission decision — Applicant challenging non-referral of complaint to Competition Tribunal — Allegations of predatory pricing and excessive pricing against dominant bus operators — Court finding that the Commission's desktop investigation was deficient and did not adequately address the complaints — Review application upheld, and decision set aside, with matter remitted for proper investigation.
Family Law — Divorce — Interim maintenance and child custody — Applicant seeking primary residence of children and maintenance payments — Respondent opposing but offering limited maintenance — Court determining that children's best interests require primary residence with applicant and supervised contact with respondent due to concerns over substance use — Structured contact regime established pending respondent's demonstration of sustained abstinence from drugs.
Labour Law — Retrenchment — Fairness of selection criteria — Dismissals of 38 employees at Assmang (Pty) Ltd for operational reasons — Applicants alleging unfair selection criteria and failure to apply bumping — Court finding that while the union's refusal to engage on selection criteria did not relieve the employer of its duty to apply fair criteria, the employer failed to adequately consider bumping, rendering the dismissals substantively unfair.
National Credit Act — Debt enforcement — Section 129(1) notice — Respondents arguing that payment arrangement constituted a response to the bank's section 129(1) notice, barring the bank from issuing summons — Court finding that the payment arrangement did not prevent the bank from proceeding with litigation as it did not meet the requirements of a valid response under section 130(1)(b)(i) — Respondents' argument rejected, and summary judgment granted in favor of the bank.
Rescission of judgment — Default judgment — Application for rescission of default judgment granted by Registrar under Rule 31(5) — Existence of two signed versions of the same judgment — Court finding that the Registrar exceeded powers by issuing a second version without notice to the affected party — Rescission granted under Rule 42(1)(a) due to procedural irregularities and lack of judicial oversight.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant challenging dismissal for gross negligence in loading scrap material — Commissioner finding dismissal both procedurally and substantively fair — No requirement for continuous presence during loading established — Evidence supporting misconduct despite lack of formal policy — Review application dismissed.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of two counts of rape, kidnapping, assault, and theft — Court finding no basis to interfere with convictions as State proved guilt beyond reasonable doubt — However, sentencing court materially misdirected itself regarding application of section 51 of the Criminal Law Amendment Act, leading to improper imposition of life sentences — Life sentences set aside and appropriate substituted sentences to be determined.
Delict — Road Accident Fund — Claim for damages arising from two motor vehicle accidents — Plaintiff sustaining severe injuries in first accident and exacerbation of injuries in second accident — Court finding defendant liable for both accidents — Plaintiff entitled to damages for loss of earnings and general damages as claimed.
Company Law — Shareholder Rights — Interim Interdict — Applicant seeking interim interdict to prevent removal as director pending resolution of oppression proceedings under s 163 of the Companies Act — Court finding urgency established due to imminent shareholders' meeting — Applicant demonstrating prima facie right to protection against oppressive conduct — Balance of convenience favoring preservation of governance position until main proceedings adjudicated.
Political Funding — Compliance with Political Funding Act — The Electoral Commission sought declaratory orders against the Good Party and associated respondents for failing to disclose a R900,000 donation from Electrox Properties, which was not reported as required by sections 9 and 12 of the Political Funding Act 6 of 2018. The court found that the respondents had indeed contravened the Act by not accounting for the donation, leading to the imposition of administrative penalties. The application succeeded, with penalties imposed as prescribed by the Act, and no order as to costs.