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Criminal Law — Murder — Conspiracy and incitement to commit murder — Accused charged with multiple counts including conspiracy, incitement, murder, attempted murder, robbery, and unlawful possession of firearms — Incident involved shooting of two deceased and attempted murder of others — Accused pleaded not guilty and did not disclose defense — Evidence included witness testimonies identifying the accused and linking him to the crime — Holding that the evidence presented was sufficient to establish the accused's involvement in the crimes charged.
Civil Procedure — Irregular steps — Rule 30 application to set aside summons — Applicant contending improper service and inadequate particulars of claim — Summons affixed to property not owned by applicant and emailed without authority — Court finding service irregular and particulars vague, leading to setting aside of the action as an irregular step.
Arrest — Warrantless arrest — s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Police officers observed vehicles linked to a robbery prior to arresting the plaintiff, who was found with cash in the vehicle — First arrest deemed lawful based on reasonable suspicion — Second arrest held unlawful due to lack of evidence from the arresting officer — Assault claim not proven as injuries inconsistent with alleged assault and no medical records provided — Damages awarded for unlawful second arrest and overnight detention — Each party to bear own costs.
Criminal Law — Appeal against sentence — Section 51(3) of Criminal Law Amendment Act 105 of 1997 — Appellant convicted of murder and sentenced to 15 years' imprisonment — Appeal dismissed as no substantial and compelling circumstances proven to deviate from minimum sentence — Court finding that remorse was not established and that the trial court exercised its discretion properly.
Labour Law — Unfair Labour Practice — Promotion — Review of arbitrator's decision — Applicant's claim of unfair dismissal based on non-promotion despite being recommended by selection panel — Respondent's reliance on Employment Equity Plan (EEP) citing over-representation of Coloured females — Arbitrator upheld decision based on compliance with EEP — Court found arbitrator's reasoning untenable as it disregarded regional targets and the applicant's qualifications — Decision to dismiss review application set aside.
Administrative Law — Leave to appeal — Application for leave to appeal against judgment compelling City of Cape Town to provide venue for minstrel competition — City contending appeal has reasonable prospects of success — Court finding no reasonable prospects of success and dismissing application — Appeal deemed moot as the event dates have passed.
Summary Judgment — Lease Agreement — Application for summary judgment for arrear rentals — Plaintiff sought judgment against Defendants as sureties for a close corporation in liquidation — Defendants contested the claim, asserting lease termination and payment of all amounts due — Court held that the Plaintiff's claim was liquidated and supported by a valid lease agreement and suretyship — Defendants failed to establish a bona fide defence, and summary judgment was granted in favour of the Plaintiff for the arrears claimed.
Citizenship — Application for citizenship — Rescission of court order — Applicants sought rescission of order granting respondent citizenship, citing improper service and lack of compliance with procedures — Court found proper service had been effected and applicants failed to provide acceptable explanation for their default — Applicants did not demonstrate a bona fide defence to the respondent's application for citizenship — Application for rescission dismissed.
Default Judgment — Notice of intention to defend — Respondent's late filing of notice of intention to defend deemed valid — Precondition for default judgment not satisfied. Respondent failed to pay full purchase price and associated costs under an agreement of sale for immovable property, leading to applicants seeking default judgment. Respondent initially served a defective notice of intention to defend, which was later corrected and properly filed before default judgment was granted. Court held that the respondent was properly before the court and the application for default judgment was dismissed, with costs ordered as costs in the cause.
Legal Representation — Professional Conduct — Applicant's legal representative taking court file out of building without permission — Court finding conduct unprofessional and reckless — Costs order de bonis propriis against legal representatives for failure to ensure proper management of court file and compliance with court orders — Apology insufficient to mitigate consequences of conduct.
Condonation — Application for leave to appeal — Late filing of application — Applicants sought condonation for failure to file within 15 days as required by Rule 49(1)(b) — Delay attributed to late receipt of written reasons for judgment — Court found no supporting affidavit filed to substantiate reasons for delay — Applicants failed to demonstrate good cause or reasonable prospects of success on appeal — Application for condonation dismissed.
Companies — Social and ethics committee — Exemption application — Sethekgo Private Party (RF)(Pty) Limited applied for exemption from appointing a social and ethics committee as required by section 72(5) of the Companies Act — Company has no employees, negligible community impact, and maintains governance through existing committees — Tribunal satisfied that it is not reasonably necessary in the public interest to require the appointment of a social and ethics committee — Exemption granted for five years.