Skip to content


Latest Cases Home > Latest Court: south africa supreme court of appeal Page 3 of about 333 results (0.139 seconds)

May 02 2014 (FN)

Bigboy Cyril Ngobeni Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Bertelsmann J and Mavundla J sitting as court of appeal): The appeal is upheld and the conviction is set aside. JUDGMENT Shongwe JA [1] This appeal originates from a conviction by the regional court (Pretoria) which convicted the appellant of attempted murder and sentenced him to 4 years imprisonment in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977 (the Act) on 11 June 2004. With the leave of the trial court, the appellant appealed against the conviction and sentence to the North Gauteng High Court (Pretoria). That appeal was dismissed on 29 January 2007. The appeal before us is with the leave of the court a quo on 12 September 2007. [2] The factual background is that the complainant and the appellant were driving their respective vehicles from Pretoria City Centre towards Atteridgeville. A road rage of some sort developed between them. It appears, from the evidence that they overtook each other on several occasions un...

Tag this Judgment!

Apr 17 2014 (FN)

Beenesh Dewnath Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: KwaZulu-Natal High Court, Pietermaritzburg (Jappie, Gyanda and Mokgohloa JJ sitting as Full Court): 1. The appeal is upheld. 2. The order of the court a quo is set aside and replaced with the following: The appellants conviction and the sentence imposed are set aside. Mocumie AJA (Maya, Willis and Saldulker JJA and Van Zyl AJA concurring): [1] This appeal arises from a bitter and murderous sibling rivalry. The appellant, together with his parents, Mr Dewnath Ramkisson, Mrs Nirmalah Ramkisson and two co-accused, were arraigned in the Kwazulu Natal High Court, Pietermaritzburg for murder of the deceased, Mr Jairam Ramkisson, and the attempted murder of his wife Mrs Sashika Ramkisson. [2] The trial court convicted all the accused with murder. They were also convicted of attempted murder, except the appellant. The appellant was sentenced to 15 years imprisonment. On appeal to the full bench (Jappie, Gyanda and Mokgohloa JJ), the appellant and his parents convictions and sen...

Tag this Judgment!

Apr 17 2014 (FN)

National Director of Public Prosecutions and Others Vs. Freedom Under ...

Court : South Africa Supreme Court of Appeal

On appeal from:North Gauteng High Court, Pretoria (Murphy J sitting as court of first instance): 1. The appeal succeeds only to the extent that the paragraphs (b), (e) and (f) of the order of the court a quo are set aside 2. The orders in paragraphs (a), (c), (d), (g) and (h) of the order by the court a quo are confirmed but re-numbered in accordance with the changes necessitated by the setting aside of the orders in paragraph 1. 3. It is recorded that the following undertaking has been furnished on behalf of the first respondent: (a) To decide which of the criminal charges of murder and related crimes that were withdrawn on 2 February 2012, are to be reinstituted and to make his decision known to the respondent within 2 months of this order. (b) To provide reasons to the respondent within the same period as to why he decided not to reinstitute some “ if any “ of those charges. 4. There shall be no order as to costs in respect of the appeal. Brand JA(Mthiyane DP, Navsa, Pon...

Tag this Judgment!

Apr 16 2014 (FN)

Nick Christelis No and Others Vs. Victoria Lena Meyer No and Others

Court : South Africa Supreme Court of Appeal

On appeal from: South Gauteng High Court, Johannesburg (Monama J sitting as court of first instance): 1. The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel, but subject to the further orders set out below. 2. The respondents shall not be entitled to recover their costs of complying with rule 8(9) of the Rules of this Court and 40% of the costs of perusal of the record. 3. None of the legal practitioners, whether representing the appellants or the respondents, shall be entitled to recover from their clients any costs in relation to the preparation and lodging of revised records or the revised heads of argument. JUDGMENT Wallis JA (Mthiyane DP, Mhlantla JA and Mathopo AJA concurring) [1] Peter and Alfred (known as Lef, Left or Lefty) Christelis were identical twins born on 2[]. They left school early to work in their fathers shop and proved to be adept businessmen. The principal source of their success was a sweet factory in Germ...

Tag this Judgment!

Apr 16 2014 (FN)

Moses Moshe Litako and Others Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: The North West High Court, sitting at Rustenburg Circuit Court (Hendricks J sitting as court of first instance). The following order is made: The appeal is upheld and the convictions and sentences are set aside. JUDGMENT Navsa and Ponnan JJA(Leach and Petse JJA, Swain AJA concurring): [1] During the night of 4 February 2007, at Mmatau Village in the district of Madikwe, North West Province, the owner of the White House Tavern and one of her patrons were robbed of R5000 and their cellular telephones. Another patron, Mr Godfrey Moleta Ngema, was assaulted. During the robbery, shots were fired as a result of which Mr Ben Seretse Motshwaedi (the deceased) was killed. The five appellants and a co-accused (the fourth accused in the court below, who has not prosecuted an appeal)[1]were arrested and, in relation to the events described above, were charged in the North West High Court with murder; two counts of robbery with aggravating circumstances; assault with intent to do gr...

Tag this Judgment!

Apr 16 2014 (FN)

Johanna Christina Pithey Vs. Road Accident Fund

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Bertelsmann J, Preller and Mabuse JJ concurring, sitting as court of appeal): 1. The appeal is upheld with costs. 2. The order of the Full Court is set aside and in its place is substituted the following: The appeal succeeds with costs. The order of Sapire AJ is set aside. In its place is substituted the following order: The special plea is dismissed with costs. JUDGMENT Petse JA (Navsa and Theron JJA and Swain and Legodi AJJA concurring): [1] The issue arising in this appeal is whether a claim for compensation lodged with the Road Accident Fund (Fund) established in terms of the Road Accident Fund Act 56 of 1996 (the Act) is rendered invalid because the claim form apparently conveys that it is a claim under s 17(1)(a) of the Act whereas it is evident from the accompanying documents that such a claim is in terms of s 17(1)(b) of the Act. This issue arises against the following backdrop. [2] The appellant, Ms Johanna Christina Pithey, ...

Tag this Judgment!

Apr 16 2014 (FN)

The City of Cape Town Vs. Arun Property Developments (Pty) Ltd.

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court, Cape Town (Dlodlo J sitting as court of first instance): 1. The appeal is upheld with costs including the costs of two counsel. 2. The order of the court below is set aside and replaced with the following: (a) It is declared that the plaintiff is not entitled to compensation in terms of s 28 of LUPO. (b) The plaintiff is ordered to pay the defendants costs, including the costs of two counsel. JUDGMENT Mathopo AJA(Navsa, Ponnan, Theron and Willis JJA concurring): [1] The question for determination in this appeal is whether the respondent, Arun Property Development (Pty) Ltd (Arun), is entitled to claim compensation from the appellant, the City of Cape Town (the City) in terms of section 28 of the Land Use Planning Ordinance (LUPO), for portions of certain public streets (the excess land) pursuant to a subdivision granted by the City, for which Arun applied and which, purely for the purposes of this case are accepted to be in excess of the normal ...

Tag this Judgment!

Apr 14 2014 (FN)

Sixtus Nhlanhla Mkhize Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from:Kwazulu-Natal High Court, Pietermaritzburg (Swain and Mnguni JJ sitting as the court of appeal): 1. The appeal is upheld. 2. The order of the court a quo is set aside and replaced with the following: (a) The appellant is found guilty of culpable homicide. (b) The appellant is sentenced to five years imprisonment wholly suspended for five years on condition that he is not convicted of murder or any competent verdict of murder, committed during the period of suspension. (c) The sentence imposed is antedated to 19 January 2009. JUDGMENT Mocumie AJA (Maya, Shongwe, Willis and Saldulker JJA concurring): [1] This appeal arises from events which occurred in the early hours of 17 May 2003 during which the appellant shot and killed the deceased, Mr Denzil Edward Tatchell. Mr Dennis Erick Peter (Dennis), the deceaseds uncle, was also shot and left severely injured. The appellant appeared in the regional court, Ixopo, on one count of murder and one of attempted murder. At the end o...

Tag this Judgment!

Apr 02 2014 (FN)

Minister of Safety and Securit Vs. H [âandeuro;¦]

Court : South Africa Supreme Court of Appeal

On appeal from: Eastern Cape High Court (Mthatha) (Van Zyl J, Pakade ADJP and Notununu AJ sitting as the Full Court on appeal). 1. The appeal is upheld with costs including those of two counsel. 2. The order of the full court is set aside and replaced with: The appeal is dismissed with costs including those of two counsel. JUDGMENT Lewis JA (Mpati P and Mhlantla and Salduker JJA and Legodi AJA concurring): [1] This is an appeal against a decision of the full court in the Eastern Cape High Court, Mthatha (Van Zyl J, Pakade ADJP and Notununu AJ concurring) which granted dependants claims for loss of support brought by the respondent, Mrs N[] H[], for herself and her minor children against the appellant, the Minister of Safety and Security. I shall refer to the appellant, for the sake of convenience, as the police, whom the Minister was representing. The trial court (Griffiths J, in the same division) had granted absolution from the instance in respect of the claim for loss of support as ...

Tag this Judgment!

Apr 01 2014 (FN)

Ellerine Brothers (Pty) Ltd. Vs. Mccarthy Limited

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (De Vos J sitting as court of first instance): The appeal is dismissed with costs, including the costs of two counsel. JUDGMENT Van Zyl AJA (Navsa, Mhlantla, Leach and Petse JJA concurring) [1] The appeal concerns the validity of a cancellation of a lease agreement. The problem presenting itself is the following: Notice of cancellation was given before the commencement of legal proceedings for the winding-up of the lessee, but the period provided for had not yet expired when those proceedings commenced and cancellation followed thereafter. Put simply, the question is whether the right to cancel was lost because of a concursus creditorum. This issue was placed before the high court for decision pursuant to an agreement between the parties that it be decided on an agreed statement of facts as envisaged in rule 33 of the Uniform Rules of Court. The high court decided the issue in favour of the respondent and dismissed the appellants claim...

Tag this Judgment!


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