Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant failing to demonstrate reasonable prospects of success on appeal — Court finding no compelling reason to grant leave — Application for leave to appeal refused with no order as to costs.
Companies — Winding-up — Jurisdiction — Application for compulsory winding-up of respondent company on grounds of inability to pay debts — Court addressing jurisdictional competence following Government Notice altering jurisdictional areas — Court finding it retained jurisdiction to hear application despite notice — Application granted for winding-up of company.
Insolvency Law — Voluntary surrender — Applications for voluntary surrender of estates refused due to manipulation of asset disclosures — Court emphasizing the necessity of full and honest disclosure of assets to ensure advantage to creditors — Applications failing to demonstrate that the required dividend threshold of 20c/Rand was met without contrivance.
Labour Law — Unfair Dismissal — Substantive fairness of dismissal of 54 employees for insubordination — Commissioner finding misconduct established but dismissal too harsh a sanction — Labour Court dismissing review application — Appeal concerning reasonableness of commissioner's decision — Court affirming that dismissal was substantively unfair and ordering reinstatement of employees.
Labour Law — Unfair Dismissal — Application for reinstatement — Plaintiffs claiming unfair dismissal after participating in unprotected strike — Court finding that dismissal was both procedurally and substantively unfair — Plaintiffs awarded retrospective reinstatement or compensation as just and equitable remedy.
Civil Procedure — Sheriffs Act 90 of 1986 — Role of the South African Board for Sheriffs in issuing fidelity fund certificates — Dispute arose over the Board's refusal to issue certificates to acting sheriffs post-retirement — High Court initially ruled in favor of the acting sheriffs, declaring the Board's refusal unlawful — Appeal raised mootness but was pursued due to conflicting judgments on statutory interpretation — Court ultimately upheld part of the appeal, dismissing the order against the Board while addressing the need for clarity on the law.
Criminal Law — Rape — Conviction and sentence — Appellant convicted of two counts of rape and one count of kidnapping — Life imprisonment imposed for rape counts — Appellant's appeal against conviction and sentence dismissed — Evidence of similar modus operandi in both cases supported convictions — No substantial and compelling circumstances found to justify deviation from mandatory life sentence.
Civil Procedure — Discovery — Rule 23(8) of the Magistrates’ Courts Rules — Appellant's defence struck out for non-compliance with discovery order — Appeal concerning propriety of striking out as a sanction — Court finding that the magistrate failed to consider less drastic remedies and that striking out was disproportionate — Appeal upheld, costs awarded to respondent despite success on appeal.
Labour Law — Unfair dismissal — Retirement age — Plaintiff claiming unfair dismissal upon reaching age of 65, asserting an oral agreement to extend retirement age to 70 — Defendant contending dismissal was fair under collective agreement setting retirement age at 65 — Court finding no binding oral agreement established, and dismissal in accordance with collective agreement deemed fair.
Labour Law — Unfair dismissal — Procedural and substantive fairness — Plaintiff claiming dismissal for operational requirements was unfair — Court finding that the defendant followed proper procedures and that the plaintiff accepted a severance package, thus waiving further claims — Dismissal deemed fair.
Costs — Security for costs — Application for security under rule 47(3) of the Uniform Rules of Court — Applicant, a non-profit company, sought security from respondents, a non-profit organization and its office-bearers, alleging failure to satisfy previous costs orders and lack of locus standi — Respondents opposed the application, claiming the applicant's application was vexatious — Court granted leave for the admission of further affidavits relevant to the respondents' financial means, indicating the necessity to consider evidence of ability to meet costs — Security for costs application upheld.
Companies — Business rescue — Vote against business rescue plan — Application to set aside vote of Access Bank as inappropriate — Court finding that the vote was valid and the plan not adopted — Application dismissed.