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Mar 25 2014 (FN)

Andre Francois Paulsen and Another Vs. Slip Knot Investments 777 (Pty) ...

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court, Cape Town (Louw, Ndita JJ and Dolamo AJ sitting as court of appeal): 1. The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel. 2. The cross-appeal succeeds with costs, such costs to include those consequent upon the employment of two counsel. 3. Paragraph 2 of the order of the court below is amended to read as follows: The orders made by the court a quo are set aside and the following substituted orders are made: 1. The Eighth and Ninth Respondents are ordered to pay, jointly and severally, the following amounts: (a) The sum of R12 million. (b) Interest on the sum of R12 million up until 10 February 2010 in the amount of R12 million. (c) Further interest on the capital sum of R12 million at a rate of 3% per month from 10 February 2010 to 24 February 2012. (d) Interest on the total of the amounts set out in paras (a), (b) and (c) above at a rate of 3% per month from 25 February 2012 to date ...

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Mar 20 2014 (FN)

Maposa Frans Madiba Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from Limpopo High Court, Thohoyandou (Hetisani J sitting as court of first instance): 1. The appeals against the convictions of attempted rape and rape are dismissed. 2. The appeal against the sentences imposed on all counts are upheld, the sentences imposed are set aside and the appellant is sentenced to the following terms of imprisonment: Count 1 “ attempted rape: 5 years imprisonment Count 2 “ kidnapping: 6 years imprisonment Count 3 “ rape: life imprisonment Count 4 “ murder: 35 years imprisonment 3. It is ordered that the sentences are to run from the date when sentence was originally imposed being 4 May 2009. JUDGMENT Swain Aja(Ponnan JA and Mathopo AJAconcurring): [1] The appellant Mr Maposa Madiba was convicted of the crimes of attempted rape, kidnapping, rape and murder by the Limpopo High Court (Hetisani J) and sentenced to terms of imprisonment of 10 years, 15 years, life and 35 years respectively in respect of each conviction. The sentence...

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Mar 20 2014 (FN)

Mdt Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: The Limpopo High Court (Snyman AJ sitting as court of first instance): 1. The appeal against sentence is dismissed. JUDGMENT THE COURT [1] This is an appeal with the leave of the Limpopo High Court directed against sentence only. The appellant, a then 55 year old man, was convicted of raping his 14 year old daughter during the night of 7 September 2007 and sentenced to life imprisonment in terms of the provisions of s 51(1) read with Part 1 of Schedule 2 of the Criminal Law Amendment Act 105 of 1997. Put simply, the court imposed the prescribed minimum sentence. The rape occurred whilst her brother was asleep in the next room. The details of how this occurred are set out in the judgment of the court below and need not be repeated. [2] What should not be lost sight of is that the appellant had pleaded not guilty and had put his two children through the trauma of testifying in a trial. For his daughter, this meant reliving a nightmarish experience. [3] The appellant was e...

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Mar 19 2014 (FN)

Adams and Adams Attorneys and Another Vs. Pointer Fashion Internationa ...

Court : South Africa Supreme Court of Appeal

On appeal from:North Gauteng High Court, Pretoria (Prinsloo J sitting as court of first instance) it is ordered that: The appeal is struck off the roll with costs, such costs to include those consequent upon the employment of two counsel. JUDGMENT Wallis JA (Mthiyane DP, Mhlantla JA and Van Zyl and Mocumie AJJA concurring) [1] The underlying dispute between the parties relates to five trade marks that are at present registered in the name of the second appellant, Deluxe Holdings AG (Deluxe), a Swiss company. These trade marks were formerly owned by and registered in the name of the first respondent, Pointer Fashion International CC (Pointer). They were purchased by Deluxe at a sale in execution held on 8 September 2011 at the instance of the first appellant, Adams and Adams Attorneys (Adams and Adams). The latter had obtained two judgments against Pointer, the one dated 15 July 2005 in respect of the costs of the adjournment of an action it had instituted against Pointer in the Magistr...

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Mar 14 2014 (FN)

Mtn International (Mauritius) Ltd Vs. the Commissioner of South Africa ...

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Tlhapi J sitting as court of first instance): The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel. JUDGMENT Ponnan JA (Mpati P, Lewis, Maya and Wallis JJA concurring): [1] The issue that arises in this appeal is whether a revised assessment raised by the respondent, the Commissioner for the South African Revenue Service (SARS), on 31 March 2011 in terms of the Income Tax Act 58 of 1962 (the Act) to assess the appellant, MTN International (Mauritius) Limited (MTN), to tax for the 2006 year of assessment, falls to be set aside. The North Gauteng High Court, Pretoria (per Tlhapi J) held that it did not, but granted leave to MTN to appeal to this court. [2] MTN is a subsidiary of the MTN Group Limited, a South African Company listed on the Johannesburg Securities Exchange and the intermediate holding company of cellular telephone operating subsidiaries outside South Africa for the ...

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Mar 14 2014 (FN)

Cameron Stewart Malcolm Vs. Premier, Western Cape Government N.O.

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court (Louw J sitting as court of first instance): The appeal is upheld with costs and the order of the court below is altered to one dismissing the special plea of prescription with costs. JUDGMENT Wallis JA(Navsa, Shongwe and Theron JJA and Legodi AJA concurring) [1] Mr Malcolm was born on 2[] J[] 1[]. In 1993, when he was six years old, he was diagnosed with Stage 1 Hodgkin's Lymphoma. He was admitted to the Red Cross Children's Hospital in Cape Town for treatment. He alleges that whilst he was in hospital undergoing treatment there was an outbreak of Hepatitis B at the hospital and in October 1994 he was diagnosed with that disease. He ascribes his infection with Hepatitis B to negligence on the part of the hospital and its staff and seeks by this action to recover damages. His claim was met with a special plea of prescription, which Louw J upheld. The appeal is with his leave. [2] In terms of s11(d) of the Prescription Act 68 of 1969 (the Act) the...

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Mar 14 2014 (FN)

National Association of Broadcasters Vs. South African Music Performan ...

Court : South Africa Supreme Court of Appeal

On appeal from: The Copyright Tribunal (Sapire AJ sitting as court of first instance). The following order is made: 1. The appeal is upheld to the extent reflected in the formula set out below, and the cross-appeal is dismissed with no order as to costs. 2. The determination by the court below is set aside and substituted as follows:(œFORMULA?) Where: A = the amount of time used by a radio station in any period to broadcast the sound recordings administered by SAMPRA; B = the total amount of time used by a radio station in that period to broadcast editorialcontent, and C = a radio stations net broadcasting revenue based on what is certified by itsaccountants and confirmed in its financial statements. œeditorial content? is defined as content, including the repertoire, broadcast for entertainment, information or interest of members of the public and shall not include broadcast time allocated to advertisements. JUDGMENT Navsa JA, (Shongwe JA and Swain, Legodi and Mathopo AJJA...

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Mar 13 2014 (FN)

Glen Morare Vs. Sa Rail Commuter Corporation Limited

Court : South Africa Supreme Court of Appeal

On appeal from the full court of the South Gauteng High Court, Johannesburg, sitting as the court of appeal (Kathree-Setiloane J with Saldulker J concurring, Makgoka J dissenting): 1 The appeal is dismissed with no order as to costs. JUDGMENT Swain Aja(Navsa, Theron and Wallis JJA and Mathopo AJAconcurring): [1] The appellant, Mr Glen Morare, claimed payment of damages in the sum of R1900000 from the respondent, SA Rail Commuter Corporation Limited (SA Rail), in the South Gauteng High Court (Randera AJ). Mr Morare alleged that whilst being conveyed on a train operated by SA Rail he was attacked by unknown persons and pushed through an open door, whilst the train was in motion. He said that as a consequence he was seriously injured. He claimed compensation from SA Rail on the basis that SA Rail had negligently failed to ensure his safety whilst being conveyed on the train and had failed to take steps to prevent the train travelling whilst the door in question was open, which had enabled...

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Mar 12 2014 (FN)

The City of Johannesburg Metropolitan Municipality Vs. the Chairman of ...

Court : South Africa Supreme Court of Appeal

On appeal from:South Gauteng High Court, Johannesburg (Tsoka J sitting as court of first instance): The appeal is dismissed with costs. Judgment: Leach JA (Mthiyane DP, Maya and Willis JJA and Mocumie AJA concurring) [1] This is an appeal against an order by the South Gauteng High Court dismissing an application to review a decision taken by a valuation appeal board established under s 56 of the Local Government: Municipal Property Rates Act 6 of 2004, (the Act). Leave to appeal was refused a quo but granted by this court. [2] Section 2 of the Act extends the power to a municipality to levy rates on property within its municipal area. On 24 April 2008 the appellant, the City of Johannesburg Metropolitan Municipality, acting in purported compliance with its power to do so and its obligation under s 3(1), adopted a rates policy relating to the levying of rates. It simultaneously adopted by-laws under s 6(1) of the Act to give effect to such rates policy. Both the rates policy and the by-...

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Mar 12 2014 (FN)

Pioneer Foods (Pty) Limited Vs. Bothaville Milling (Pty) Limited

Court : South Africa Supreme Court of Appeal

On appeal from Free State High Court (Lekale J sitting as court of first instance): The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel. JUDGMENT WallisJA(Navsa and Willis JJA and Swain and Mocumie AJJAconcurring) [1] The appellant, Pioneer Foods (Pty) Ltd (Pioneer), is a major producer and distributor of maize meal products. One such is its super maize meal, which it has marketed under the name WHITE STAR since 1999. It complains that the respondent, Bothaville Milling, is passing off its super maize meal, marketed under the name STAR, by selling it in a get-up deceptively or confusingly similar to that of WHITE STAR. To that end it sought an interdict against Bothaville Milling in the Free State High Court, but Lekale J dismissed the application. The present appeal is with his leave. [2] Pioneers complaint that the get-up in which STAR super maize meal is packaged is confusingly similar to the get-up of WHITE STAR is best illu...

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