Criminal Law — Sentence — Appeal against life imprisonment for rape of an eleven-year-old girl — Appellant contending that substantial and compelling circumstances existed for a lesser sentence — Previous conviction for similar offence and commission of the crime while on parole — Court finding no material misdirection by the sentencing court and confirming life sentence as appropriate given the gravity of the offence and the need to protect children.
Criminal Procedure — Review — Sentencing of child offender — Accused sentenced to correctional supervision under s 276(1)(h) of CPA — Court finding that the sentence imposed did not comply with the Child Justice Act 75 of 2008 — Irregularities in plea statement and failure to clarify inconsistencies — Conviction and sentence set aside, matter remitted for trial de novo before another magistrate.
Insolvency — Provisional sequestration — Application for provisional sequestration of the De Vos Boerdery Trust under the Insolvency Act 24 of 1936 — Applicant establishing locus standi and liquidated claim — Trust bound as surety and co-principal debtor — Principal debtor under business rescue — Statutory moratorium does not afford surety a defence — Court finding factual insolvency and that sequestration will benefit creditors — Provisional sequestration granted.
Labour Law — Review of arbitration award — Application for review of CCMA award regarding dismissal of employee for gross misconduct — Employee failing to attend disciplinary hearing and subsequently dismissed — Commissioner finding dismissal substantively and procedurally fair — Court upholding the commissioner's decision, finding no grounds for review as the decision was reasonable based on the evidence presented.
National Credit Act — Default judgment — Application for Rule 46A declaration — Plaintiffs seeking to execute against defendant's home based on indemnity bond — Court finding that indemnity structure bypasses consumer protections under the Act — Application for default judgment and execution refused as AHLGC's claim does not arise from a registered credit agreement.
Labour Law — Unfair dismissal — Review of settlement agreement — Department of Correctional Services seeking to review a settlement agreement that reinstated employees after misconduct charges — Court finding the settlement was concluded unlawfully and set aside — Employees' unfair dismissal dispute remitted for expedited arbitration — Application for leave to appeal dismissed, but Department sought to prevent execution of the judgment pending appeal — Court ruling that the Department could not seek to lift a suspension that had not yet arisen.
Arbitration — Consent order — Interpretation of consent order regarding appointment of arbitrator — Appellant contending that court a quo misinterpreted the order by requiring a statement of claim prior to appointment — Court finding that appellant complied with the order by requesting appointment within stipulated time — Appeal upheld and order of court a quo set aside.
Employment Law — Wrongful dismissal — Protected Disclosures Act — Employee claiming wrongful dismissal after reporting audit irregularities — Claim initially based on breach of contract, later amended to claim occupational detriment under the Protected Disclosures Act — Court determining whether the amended claim constituted a different debt for prescription purposes — Finding that the nature of the debt remained the same despite the change in legal basis for the claim, thus the claim did not prescribe.
Arbitration — Review of arbitration award — Application to set aside award and make it an order of court — Applicant contending that arbitrator exceeded jurisdiction by deciding on issues not covered by pleadings — Court finding that no reasonable prospect of success on appeal established for most grounds, but granting leave to appeal on two grounds related to the approach to pleadings and absence of prejudice — Emphasis on the need for a generous approach to arbitral pleadings and the principle of party autonomy.
Administrative Law — Parole — Review of lifelong parole decision — Applicant sentenced to life imprisonment and placed on lifelong parole — Applicant contending that decision constitutes unfair discrimination and is irrational — Court finding that the decision was rationally connected to the information before the parole board and consistent with applicable legislation — Application for review dismissed.
Legal Practice — Admission as legal practitioner — Application for leave to appeal against refusal of admission — Applicant deemed not a fit and proper person due to deliberate non-disclosure and dishonesty in application — Court finding that applicant's conduct amounted to a lack of honesty, integrity, and trustworthiness essential for the profession — Application for leave to appeal dismissed.
Prescription — Special plea of prescription — Plaintiff claiming damages for breach of contract and duty of care against the Road Accident Fund — Defendant raising special plea of prescription based on the Road Accident Fund Act — Court finding that the claim is not regulated by the Act but by the Prescription Act — Special plea dismissed with costs.