• Danielle Geldenhuys

Summaries of Constitutional Court and Supreme Court of Appeal Judgments: April 2022


ACCOUNTANTS AND AUDITORS

ADMINISTRATIVE LAW

ADVERTISING

CIVIL PROCEDURE

CONTRACT

CRIMINAL LAW

DELICT

ENERGY

EMPLOYMENT

LAND AND PROPERTY LAW

MEDICAL LAW

PENSIONS LAW

PRESCRIPTION

TRADITIONAL LEADERS


ACCOUNTANTS AND AUDITORS


WK Construction (Pty) Ltd v Moores Rowland and Others (952/2020) [2022] ZASCA 44 (6 April 2022)

Extinctive prescription – Special plea – Debt deemed due once creditor acquires, or could reasonably have acquired, knowledge of facts from which debt arises – Professional negligence – Test whether creditor had knowledge of facts which would give rise to reasonable suspicion of possible negligence – Knowledge of large scale fraud over number of years by financial director reflected in company accounts – Auditors failing to report any fraud – No requirement of evidence on specific duties of auditors – Knowledge of facts leading to reasonable suspicion of possible negligence established – Special plea correctly upheld.

http://www.saflii.org/za/cases/ZASCA/2022/44.pdf


ADMINISTRATIVE LAW


Dyantyi v Rhodes University and Others (846/2020) [2022] ZASCA 32 (29 March 2022)

Disciplinary proceedings against student at public higher education institution – Promotion of Administrative Justice Act 3 of 2000 (PAJA) applicable – Procedural fairness and right to particular legal representation under PAJA – Dependent on particular circumstances of each case – In absence of compelling reasons to contrary procedurally unfair to require student to forgo services of counsel steeped in part-heard matter and available within reasonable time – Decisions flowing from disciplinary inquiry reviewed and set aside.

http://www.saflii.org/za/cases/ZASCA/2022/32.pdf


ADVERTISING


Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Ltd (786/21) [2022] ZASCA 51 (12 April 2022)

Private body exercising public functions – Submission to jurisdiction – Powers of Advertising Regulatory Board (ARB) – Complaints relating to advertising by non-members of ARB – Whether lawful for ARB to consider – Whether ARB structures independent, usurp judicial authority or follow fair procedures – Civil procedure – Courts should decide issues defined by parties – Court raising constitutionality of ARB’s powers mero motu – Inappropriate.

http://www.saflii.org/za/cases/ZASCA/2022/51.pdf


CIVIL PROCEDURE


HLB International (South Africa) v MWRK Accountants and Consultants (113/2021) [2022] ZASCA 52 (12 April 2022)

Principles applicable to and interpretation of court order – High court refused to wind up solvent appellant, but held that action of appellant and its majority shareholder is unfairly prejudicial, unjust and inequitable to minority shareholder – High court ordered sale of property – Dismissed.

http://www.saflii.org/za/cases/ZASCA/2022/52.pdf


Kwinana and Others v Ngonyama and Others (103/2021) [2022] ZASCA 48 (8 April 2022)

Civil procedure – Application for intervention on appeal – No legal interest in subject matter of litigation – Application for rescission of default judgment – Sole ground relied upon had been raised in replying affidavit that was rightly not admitted.

http://www.saflii.org/za/cases/ZASCA/2022/48.pdf


Oppressed ACSA Minority 1 (Pty) Ltd and Another v Government: Republic of South Africa and Others (898/2020) [2022] ZASCA 50 (11 April 2022)

Rescission of judgment – No distinction in approach to rescission of consent orders and other judgments – Starting point is court order rather than underlying agreement – Lack of authority to conclude settlement agreement and consequent consent court order – Good cause for rescission established.

http://www.saflii.org/za/cases/ZASCA/2022/50.pdf


Songo v Minister of Police and Others (220/2021) [2022] ZASCA 43 (5 April 2022)

Whether court a quo was correct in holding that fourth and fifth special pleas of no cause of action had to be adjudicated separately – Whether court a quo correct in upholding sixth special plea of misjoinder – Whether court a quo failed to discharge its primary function of determining disputes that were properly before it – Whether this court could determine issues that court a quo declined to determine as court of first instance or remit matter to the court a quo.

http://www.saflii.org/za/cases/ZASCA/2022/43.pdf


CONTRACT


Strohmenger v Victor (1133/20) [2022] ZASCA 45 (8 April 2022)

Contract – Restitution – Prescription – Whether special circumstances existed for this court to grant special leave to appeal – Whether respondent had proved his claim and was entitled to relief.

http://www.saflii.org/za/cases/ZACC/2022/45.pdf


CRIMINAL LAW


Abdullah v S (134/2021) [2022] ZASCA 33 (31 March 2022)

Caution applied to single witness evidence – Whether state witness’ identification was reliable and credible – Whether appellant’s right to a fair trial was infringed by high court’s refusal to recall state witness after inspection in loco was completed – Appeal dismissed.

http://www.saflii.org/za/cases/ZASCA/2022/33.pdf


Baloyi v S (739/2021) [2022] ZASCA 35 (1 April 2022)

Appeal against judgment and order dismissing appeal against conviction and sentence – Whether murder was premeditated – Life sentence – Appropriateness of sentence – Aggravating circumstances outweighing appellant's personal circumstances – Sentence of life imprisonment appropriate – Dismissed.

http://www.saflii.org/za/cases/ZASCA/2022/35.pdf


Director of Public Prosecutions: Free State v Mokati (440/2019) [2022] ZASCA 31 (25 March 2022)

Conviction and sentence – Culpable homicide – Causation – Mens rea – Whether questions of law properly reserved – Rape – Sentence – Whether prescribed minimum sentence inadequate given aggravating factors – State’s appeal to reserve questions of law dismissed – Respondent’s cross-appeal against conviction and sentence is dismissed.

http://www.saflii.org/za/cases/ZASCA/2022/31.pdf


Khumalo v S (723/2020) [2022] ZASCA 39 (4 April 2022)

Appeal against refusal in high court of petition seeking leave to appeal against convictions and sentences – Reasonable prospects of success found in respect of sentences – Merits of appeal against sentences to be determined by high court.

http://www.saflii.org/za/cases/ZASCA/2022/39.pdf


Komane v S (51/2019) [2022] ZASCA 55 (20 April 2022)

Evidence – What constitutes sufficiency of circumstantial evidence – Conviction based on circumstantial evidence well founded – Convicted on strength of DNA evidence and confession – Importance of conducting proper pointing out – Conviction confirmed.

Judgment: http://www.saflii.org/za/cases/ZASCA/2022/55.pdf.

Media summary: http://www.saflii.org/za/cases/ZASCA/2022/55media.pdf.


Mpuqe v S (53/2021) [2022] ZASCA 37 (4 April 2022)

Appellant indicted for murder under Criminal Law Amendment Act 105 of 1997, s 51(2) – Convicted and sentenced under s 51(1) – Sentence of life imprisonment confirmed; sentence relating to possession of firearms and ammunition under s 51(2) confirmed – Appellant convicted for attempted murder under common law – Sentence of 15 years’ imprisonment set aside – Reduced to 10 years – To run concurrently with other sentences.

http://www.saflii.org/za/cases/ZASCA/2022/37.pdf


DELICT


AK v Minister of Police (CCT 94/20) [2022] ZACC 14 (5 April 2022)

Delict – Wrongfulness – Negligence – Extent of police liability for negligent police work – Psychopathological harm.

Judgment: http://www.saflii.org/za/cases/ZACC/2022/14.pdf.

Media summary: http://www.saflii.org/za/cases/ZACC/2022/14media.pdf.


Biyela v Minister of Police (1017/2020) [2022] ZASCA 36 (1 April 2022)

Delict – Unlawful arrest and detention – Inadmissible hearsay evidence can form basis of reasonable suspicion by peace officer – Court a quo should have concluded that respondent did not prove that appellant was arrested lawfully – Upheld.

http://www.saflii.org/za/cases/ZASCA/2022/36.pdf


Minister of Police v Mzingeli and Others (115/2021) [2022] ZASCA 42 (5 April 2022)

Delict – Claim for damages – Quantum of unliquidated damages – No oral evidence – Stated case – Whether properly formulated in terms of Rule 33 – Requirements restated.

http://www.saflii.org/za/cases/ZASCA/2022/42.pdf


ENERGY


Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others (119/2021) [2022] ZASCA 54 (13 April 2022)

Review under principle of legality and Promotion of Administrative Justice Act 3 of 2000 – Rotation of country’s strategic oil stock – Decisions and resultant transactions reviewed and set aside – Just and equitable relief – Factors relevant to assessment – Misconduct by state officials – Contracting parties innocent – Compensation for out-of-pocket expenses appropriate – Appeal dismissed.

http://www.saflii.org/za/cases/ZASCA/2022/54.pdf


EMPLOYMENT


Damons v City of Cape Town (CCT 278/20) [2022] ZACC 13 (30 March 2022)

Unfair discrimination – Reasonable accommodation – Inherent requirements of job – Disability law – Importance of pleadings in determining disputes – Employment Equity Act 55 of 1998, s 5, 6(1), 6(2)(b) and 11(1) – Respondent reasonably accommodated applicant, not in post of senior firefighter to which applicant sought to be advanced, but in alternative post – Applicant excluded from operational section as he cannot meet inherent requirement of physical fitness – Complete defence to claim of unfair discrimination – Appeal dismissed.

Judgment: http://www.saflii.org/za/cases/ZACC/2022/13.pdf.

Media summary: http://www.saflii.org/za/cases/ZACC/2022/13media.pdf


Department of Labour: Compensation Commissioner v Botha (326/2020) [2022] ZASCA 38 (4 April 2022)

Compensation for Occupational Injuries and Diseases Act 130 of 1993 – Whether injury on duty resulted in disablement – Extent of permanent disablement and compensation payable – Remittal to tribunal for determination.

http://www.saflii.org/za/cases/ZASCA/2022/38.pdf


LAND AND PROPERTY LAW


Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022)

Whether contracts of sale of land void due to common error relating to material term by all contracting parties – Whether prescription applicable – Whether issues agreed between parties to be adjudicated were fully determined by high court – Matter remitted to high court.

http://www.saflii.org/za/cases/ZASCA/2022/41.pdf


Loskop Landgoed Boerdery (Pty) Ltd and Others v Petrus Moeleso and Others (390/2021) [2022] ZASCA 53 (12 April 2022)

Extension of Security of Tenure Act 62 of 1997 – Occupiers – Overgrazing of land – Remedies of owner – Removal of livestock does not constitute ‘eviction’ of occupier – Both owner and occupier have duty to prevent overgrazing in terms of Conservation of Agricultural Resources Act 34 of 1983 – Court orders not sought by applicants and not supported by pleadings – Respondents not afforded opportunity to state case – Livestock removed without sanction of court – Self-help remedy – Mandament van spolie.

http://www.saflii.org/za/cases/ZASCA/2022/53.pdf


Maluleke NO v Sibanyoni and Others (1012/2020) [2022] ZASCA 40 (4 April 2022)

Land reform – Extension of Security of Tenure Act 62 of 1997 – Termination of right of residence – Whether occupiers given effective opportunity to make representations before termination of right to residence in terms of s 8(1)(e) – If not, whether termination of right of residence just and equitable.

http://www.saflii.org/za/cases/ZASCA/2022/40.pdf


MEDICAL LAW


Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256/2021) [2022] ZASCA 49 (11 April 2022)

Medicine – Complementary medicine – Health supplements – General Regulations under Medicines and Related Substances Act 101 of 1965 (GN859 in GG 41064 dated 25 August 2017) – Ultra vires to extent that they purport to regulate substances that are not medicines as defined in the Act.

https://www.saflii.org/za/cases/ZASCA/2022/49.html


PENSIONS LAW


Municipal Employees' Pension Fund and Another v Mudau and Another (1159/2020) [2022] ZASCA 46 (8 April 2022)

Pension funds – Amendment of pension fund rules to reduce members’ withdrawal benefits with retroactive effect – Such rule valid and enforceable provided that it is adopted in terms of fund rules and applicable statutory regime.

http://www.saflii.org/za/cases/ZASCA/2022/46.pdf


PRESCRIPTION


Johannes G Coetzee & Seun and Another v Le Roux and Another (969/2020) [2022] ZASCA 47 (8 April 2022)

Extinctive prescription – ‘Facts from which debt arises’ in terms of Prescription Act 68 of 1969, s 12(3) – Knowledge of legal consequences not required by s 12(3) – Failure to comply with Alienation of Land Act 68 of 1981, s 2(1).

http://www.saflii.org/za/cases/ZASCA/2022/47.pdf


TRADITIONAL LEADERS


Moroka v Premier: Free State Province and Others (295/20) [2022] ZASCA 34 (31 March 2022)

Customary law – Whether Premier contravened Traditional Leadership and Governance Framework Act 41 of 2003, s 21(2)(b) when he referred dispute in respect of senior traditional leadership to Commission before Free State House of Traditional Leaders could deal with dispute – Decision of Commission on Traditional Leadership Dispute and Claims – Whether Commission had authority to investigate and make recommendations in respect of dispute which arose after 1 September 1927 in terms of Traditional Leadership and Governance Framework Amendment Act 23 of 2009, s 25(2)(viii) – Whether Commission had authority to deal with dispute which was submitted to it after six months from date of coming into operation of Amendment Act – Commission had no such authority.

http://www.saflii.org/za/cases/ZASCA/2022/34.pdf

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