Skip to content


Latest Cases Home > Latest Court: south africa supreme court of appeal Page 24 of about 333 results (0.137 seconds)

Mar 28 2013 (FN)

Justice Khakhathi Nevhutalu Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (van der Merwe J and Vilakazi J sitting as court of appeal): 1. The appeal against sentence is upheld. 2. The order of the court below is set aside and is substituted by the following: (a) The appeal against conviction is dismissed. (b) The appeal against sentence succeeds. (c) The sentence of 6 months imprisonment imposed on the appellant is set aside and substituted with the following: The accused is sentenced to 6 months imprisonment, wholly suspended for a period of 5 years, on condition that the accused is not convicted of a contravention of sections 120(3), (4), (5), (6), (7) or (8) of the Firearms Control Act 60 of 2000, committed during the period of suspension. 3. The order declaring the appellant unfit to possess a firearm pursuant to the provisions of s (12)(1) of the Arms and Ammunition Act, 75 of 1969 is set aside. JUDGMENT MAJIEDT JA: [1] This is an appeal against a sentence of 6 months imprisonment, imposed by the Region...

Tag this Judgment!

Mar 28 2013 (FN)

Food and Allied Workers Union Vs. L Ngcobo N O (M Ndlela) and Another

Court : South Africa Supreme Court of Appeal

On appeal from:KwaZulu-Natal High Court (Durban) (Swain J sitting as court of first instance): The appeal and cross-appeal are dismissed. The appellant is ordered to pay the costs of the appeal. JUDGMENT SOUTHWOOD AJA: [1] The appellant is the Food and Allied Workers Union (FAWU), a trade union registered in terms of the Labour Relations Act 66 of 1995 (LRA). The respondents are L Ngcobo, the executrix in the estate of the late Mandla Ndlela (Ndlela), and Michael Mkhize (Mkhize). Ndlela and Mkhize instituted separate actions against FAWU in the KwaZulu- Natal High Court, Durban in which they claimed damages for breach of contract. After litis contestatio, Ndlela passed away and he was substituted as plaintiff by L Ngcobo, the executrix in his estate, but, for the sake of convenience, I shall continue to refer to Ndlela as the litigating party. The actions were consolidated and the claims were successful before the high court (Swain J) which awarded damages in the sum of R107 232 to eac...

Tag this Judgment!

Mar 28 2013 (FN)

independent Outdoor Media (Pty) Ltd. and Others Vs. the City of Cape T ...

Court : South Africa Supreme Court of Appeal

On appeal from:Western Cape High Court, Cape Town (Louw J sitting as court of first instance): The appeal is dismissed with costs, including the costs of two counsel. JUDGMENT LEACH JA (MTHIYANE DP, THERON JA, ERASMUS and SALDULKER AJJA concurring) [1] The validity of the Outdoor Advertising and Signage Bylaw 10518 (the Bylaw1) of the City of Cape Town (the City) is the principal issue arising for decision in this appeal. The first appellant, Independent Outdoor Media (Pty) Ltd, carries on business by placing advertisements on illuminated signs which it owns and erects, largely within the Cape Town metropole. The present litigation concerns seven advertising signs situated within the Citys municipal precincts erected by the first appellant on certain immovable properties owned by the other appellants. The signs in question are illuminated outdoor signs of substantial dimensions: numbered 2 to 10 in the papers, presumably in order to link each to the correspondingly numbered appellant o...

Tag this Judgment!

Mar 28 2013 (FN)

irwing 514 Cc Vs. Mngani Property 4 (Pty) Ltd.

Court : South Africa Supreme Court of Appeal

On appeal from: South Gauteng High Court, Johannesburg (Spilg J sitting as court of first instance): 1. The appeal is allowed with costs and the order of the court a quo is set aside and substituted with the following: (a) The cancellation of the agreement by the respondent on 7 November 2008 is declared valid; (b) The cancellation of the agreement by the applicant on 10 November 2008 is declared invalid; (c) Judgment in respect of the applicants claim of R5.375 million and interest thereon is postponed until the determination of whether the respondent is entitled to judgment in respect of its counterclaim provided that the respondent proceeds in terms of the order set out in paragraph (d) below; (d) The respondents counterclaim is referred to trial and the respondent is to deliver a declaration within 20 days of this order; (e) Should the respondent fail to comply with sub-paragraph (d) of this order, the applicant shall be entitled to apply for judgment in respect of its claim of R5....

Tag this Judgment!

Mar 28 2013 (FN)

Michael Mafoho Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Makgoba J et Davis AJ sitting as court of appeal): The appeal against sentence is dismissed. JUDGMENT MBHA AJA (MTHIYANE DP, SHONGWE JJA ET SCHOEMAN, SWAIN AJJA CONCURRING) [1] This is an appeal against the judgment and order of the North Gauteng High Court (per Makgoba J et Davis AJ), in terms of which a sentence of 275 years imprisonment that was imposed by the regional magistrate court, Pietersburg (the trial court), was upheld. [2] The appellant was convicted by the trial court, consequent to his plea of guilty, on 60 counts involving robbery committed with aggravating circumstances, attempted murder, kidnapping, rape, attempted rape and pointing a firearm. This appeal, which is against sentence only, is with the leave of this court. [3] The appeal raises the important issue of the appropriateness of the sentence imposed and the impact of the relevant provisions of the applicable legislation governing the eligibility to parole of ...

Tag this Judgment!

Mar 28 2013 (FN)

Minister of Mineral Resources of the Republic of South Africa and Othe ...

Court : South Africa Supreme Court of Appeal

On appeal from:North Gauteng High Court (Pretoria) (Zondo J sitting as court of first instance): 1. The first, second, third, fourth and fifth appellants appeals are dismissed with costs, such costs to include the costs of three counsel. 2. Subject to the amendment of order 1.1 all the orders of the court a quo are confirmed. Order 1.1 is replaced by the following order: It is declared that as a result of the first applicants (SIOCs) conversion of its old order mining right in respect of iron ore and quartzite on the Table I properties (the properties described in Annexure œB? to SIOCs amended Notice of Motion) in accordance with Item 7(3) of Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and the second applicants failure to convert its old order right in respect of iron ore and quartzite on these properties, the first applicant became, with effect from midnight on 30 April 2009, the exclusive holder of a mining right (SIOCs converted mining...

Tag this Judgment!

Mar 28 2013 (FN)

Sibongumusa Henry Zondo Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Southwood et Patel JJ sitting as court of appeal): (a) The appeal against sentence is upheld to the extent indicated below. (b) Paras 2 and 3 of the high courts order are set aside and are substituted with the following: 2. The appeal is upheld in respect of the sentence of 10 years imprisonment imposed in respect of the convictions of attempted murder. Such sentence is set aside and substituted with a sentence of seven years imprisonment. 3. The sentence of seven years imprisonment imposed for robbery with aggravating circumstances (count 1), and the sentence of 7 years imprisonment in respect of the nine convictions for attempted murder (counts 4-12), are ordered to run concurrently. JUDGMENT MBHA AJA (MAYA, SHONGWE, LEACH JJA ET SWAIN AJA CONCURRING) [1] Arising out of a cash in transit heist and related events more fully described below, the appellant was convicted in the Secunda Regional Magistrate Court (the trial court) on a co...

Tag this Judgment!

Mar 28 2013 (FN)

Kadoma Trading 15 (Pty) Ltd. Vs. Noble Crest Cc

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court (Cape Town) (Saba AJ sitting as court of first instance): The appeal is dismissed with costs on an attorney and own client scale. JUDGMENT MAYA JA (SHONGWE, PILLAY JJA, ERASMUS AND SWAIN AJJA concurring) [1] The central issue in this appeal concerns the interpretation of the deeming provisions of section 26(7) of the Close Corporations Act 69 of 1984, as amended (the Act), and more pertinently, whether they validate sale and franchise agreements concluded by the parties during the period of the respondents deregistration. [2] The respondent has its principal place of business in Cape Town and franchises an automotive paint and dent repair business and brand under the name Dents N All. Consequent to the appellants overtures to acquire the franchise, the parties concluded a sale agreement and a franchise agreement (the agreements) on 21 October 2010 and 13 January 2011, respectively. The purchase price of R1 750 000 was payable in five instalments ...

Tag this Judgment!

Mar 27 2013 (FN)

Charles Robert Macleod Vs. Babalwa Kweyiya

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court, Cape Town (Gamble J sitting as a court of first instance) The appeal is dismissed with costs. JUDGMENT TSHIQI JA (MTHIYANE DP, MAJIEDT JA AND PLASKET AND SALDULKER AJJA CONCURRING): 1. The issue in this appeal is whether the respondents claim for damages against the appellant, has prescribed. On 30 January 1988, when she was approximately four years old, the respondent sustained injuries and was rendered a paraplegic in a motor vehicle accident between two motor vehicles, a Valiant, in which she was a passenger, and a Toyota. The appellant is a practising attorney who was instructed by the respondents mother to institute a damages claim in her personal capacity and in her capacity as the respondents guardian against the statutory insurers of the two drivers. On 26 March 1993, the appellant issued summons in the Western Cape High Court, Cape Town claiming an amount of R25 000 in respect of the Valiant, and an amount of R870 220 in respect of the ...

Tag this Judgment!

Mar 27 2013 (FN)

Given Mabunda Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from:Limpopo High Court, Thohoyandou (Makhafola J sitting as court of first instance): (a) The appeal succeeds to the extent only that it is ordered that 12 of the 15 years imprisonment imposed in respect of count 2 are to run concurrently with the sentence of 15 years imprisonment imposed on count 1. (b) The appeal is otherwise dismissed. JUDGMENT LEACH JA (LEWIS JA and ERASMUS AJA concurring) [1] The appellant, Given Mabunda, was one of three accused tried in the Thoyoyandou High Court on two charges of robbery with aggravating circumstances. He was convicted as charged and sentenced to 15 years imprisonment on each count. As these sentences were not ordered to run concurrently to any extent, this amounted to an effective sentence of 30 years imprisonment. With the leave of the high court, the appellant appeals to this court solely against his sentence, leave to appeal against his conviction having been refused. [2] The charges brought against the appellant arose from two i...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //