Supreme Court of Appeal

REPUBLIC OF SOUTH AFRICA SUPREME COURT OF APPEAL BULLETIN 2011 NO 4

Compiled by the Supreme Court of Appeal Library

 BULLETINS  JUDGMENTS RESERVED  CASES ENROLLED FOR HEARING  APPEALS DISPOSED OF WITHOUT WRITTEN REASONS

JUDGMENTS RESERVED

Ndoyisiwe Paulos Notito v The State (123/11) Appealed from FB Date heard: 15 August 2011 Mthiyane JA, Mhlantla JA, Bosielo JA, Seriti JA, Meer AJA Rape – appeal against conviction – whether sexual intercourse between complainant and appellant – whether appellant indeed stole property from complainant – whether real consent despite any misrepresentation by appellant towards complainant.

Mcebisi Magadla v The State (80/11) Appealed from ECM. 2010 (2) SACR 316 (ECM) Date heard: 15 August 2011 Mthiyane JA, Mhlantla JA, Bosielo JA, Seriti JA, Meer AJA Criminal law – rape – appeal against conviction – whether State had proved its case beyond reasonable doubt – whether evidence of State witnesses credible – reliability of complainant's evidence regarding correct identification of assailant.

Jacobus Bogaards v The State (864/10) Appealed from GNP Date heard: 24 August 2011 Mthiyane JA, Maya JA, Mhlantla JA, Leach JA, Seriti JA Criminal law – whether State proved its case beyond reasonable doubt – whether sentence appropriate – Protection of Constitutional Democracy against Terrorism and Related Activities Act 33 of 2004, ss 11, 12, 1(6) and 1(7), interpretation of – whether prosecution a nullity – whether escapees were in lawful detention when escaping.

The Municipality of Stellenbosch v Shelf-Line 104 (Pty) Ltd (615/10) Appealed from WCC Date heard: 13 September 2011 Heher JA, Snyders JA, Shongwe JA, Majiedt JA, Plasket AJA 2

Municipal law – interpretation of municipal council resolution regarding imposition of municipal charges or levies.

Director of Public Prosecutions v Larry Burt Phillips (271/11) Appealed from GNP Date heard: 16 September 2011 Ponnan JA,Bosielo JA, Petse AJA Criminal law – appeal against sentence – whether term of 12 years' imprisonment appropriate in circumstances – whether competent sentence with reference to Criminal Procedure Act 51 of 1977, s 280(1).

CASES ENROLLED FOR HEARING

Executive Officer of the Financial Services Board v Dynamic Wealth Ltd and others (888/10) Appealed from GNP Date to be heard: 31 October 2011 Harms AP, Van Heerden JA, Malan JA, Wallis JA, Petse AJA Curatorship – Financial Institutions (Protection of Funds) Act 28 of 2001 – whether application for curatorship should have been granted on evidence.

Democratic Alliance v President of the Republic of South Africa & Others (263/11)

Appealed from GNP

Date to be heard: 31 October 2011

Navsa JA, Heher JA, Mhlantla JA, Majiedt JA, Plasket AJA

Administrative law – appeal against dismissal of review application brought by appellant to set aside appointment of particular individual as National Director of Public Prosecutions – whether requirement that NDPP must be fit and proper person objectively justifiable – whether appointment ultra vires because individual not a fit and proper person was unconstitutional and invalid on grounds of irrationality in process and outcome – whether appointment unconstitutional and invalid because it was made for an ulterior purpose – whether President validly exercised powers vested in him by National Prosecuting Act 32 of 1998, s 179 with s 9 in appointing individual.

Eastern Cape Gambling and Betting Board v Ekuphumleni Resort (Pty) Ltd & others (676/10) Appealed from ECG Date to be heard: 31 October 2011 Brand JA, Cloete JA, Ponnan JA, Another, Shongwe JA Administrative law – review – whether court a quo correctly reviewed and set aside appellant's disqualification of respondent's bid for casino licence – whether Board's decision should be reviewed and set aside by virtue of bias and irrationality – whether court a quo correct in substituting its own decision for that of appellant. 3

PPS Insurance Company Limited & others v Mkhabela Simon Micheal (159/11) Appealed from GSJ Date to be heard: 1 November 2011 Harms AP, Lewis JA, Van Heerden JA, Cachalia JA, Seriti JA Life policy – nomination – whether, on death of policy owner, executor of estate of previously deceased beneficiary entitled to accept benefits of policy, in circumstances in which policy owner retained for herself right to revoke that nomination.

Jacob Sello Selebi v The State (240/11) Appealed from GSJ Date to be heard: 1 & 2 November 2011 Mthiyane JA, Snyders JA, Bosielo JA, Leach JA, Theron JA Prevention and Combating of Corrupt Activities Act 12 of 2004, s 4(1)(a), interpretation of – whether State proved beyond reasonable doubt that appellant received certain gratification within ambit of section – credibility findings made by trial court mainly on State witness Dianne Muller and its partial acceptance of evidence of State witness Glen Agliotti.

Diggers Development (Pty) Ltd v City of Matlosana & another (824/10)

Appealed from GNP

Date to be heard: 1 November 2011

Cloete JA, Ponnan JA, Another, Mhlantla JA, Petse AJA

Property – whether deed of sale of municipal land subject to suspensive condition constitutes sale and alienation of land in terms of Local Government Ordinance 17 of 1939, s 79(18) and Local Government: Municipal Finance Management Act 53 of 2003, s 33 – whether adoption of council resolution can result in such sale becoming effective.

The Law Society of the Cape of Good Hope v Heinrich Nel (54/11)

Appealed from ECG

Navsa JA, Heher JA, Shongwe JA, Majiedt JA, Wallis JA

Attorneys – unprofessional conduct in terms of Attorneys Act 53 of 1979, s 71 - decision overturned in terms of Attorneys Act 53 of 1979, s 73 – whether proven facts justified finding that respondent guilty of unprofessional conduct – whether respondent under duty to advise accused person of his right to remain silent – whether correct to characterise disciplinary proceedings conducted in terms of s 71 as ‘civil proceedings’ and not ‘sui generis’. 4

George Argyropoulos v Camilla Victoria Argyropoulos (693/10)

Appealed from GSJ

Lewis JA, Cachalia JA, Seriti JA

Divorce – agreement of settlement between parties set aside by court a quo on ground of undue influence by appellant on respondent.

W J M Rademeyer v D R Viljoen & another (69/11) Appealed from GNP Date to be heard: 3 November 2011 Brand JA, Van Heerden JA, Malan JA, Majiedt JA, Plasket AJA Contract – damages – land claim – auction agreement, interpretation of – whether separate contract of deposit existed – whether legal duty existed on first respondent to hold deposit paid in terms of auction agreement in trust, pending transfer of property to appellant – whether first respondent fraudulently failed to disclose existence of land claim on property.

Road Accident Fund v Philile Roseline Zulu & others (50/11)

Appealed from KZN

Heher JA, Mhlantla JA, Seriti JA

Delict – quantification of damages – whether court’s decision that deceased would have moved to corporate field, and basing future income wholly on that finding, was correct.

Eye of Africa Developments (Pty) Ltd v Nicola Carolyn Shear (863/10) Appealed from GSJ. 2010 (5) SA 129 (GSJ) Date to be heard: 3 November 2011 Heher JA, Mhlantla JA, Seriti JA Civil procedure – whether amendment to record of decision should be classified as substantive or non-substantive – whether decision to grant amendment reviewable – whether exceptional circumstances exist to grant respondent condonation for failure to exhaust internal remedies.

Christian Van Aardt v John Richard Galway (923/10)

Appealed from ECG (E)

Ponnan JA, Shongwe JA, Wallis JA

Contract – rectification and compliance with Alienation of Land Act 68 of 1981, s 2(1) – options to purchase – offer and acceptance. 5

Nico Jagga v BMW Financial Services (SA) (PTY) Ltd (807/10)

Appealed from GSJ

Ponnan JA, Shongwe JA, Wallis JA

Contract – compliance with National Credit Act 34 of 2005, s 129 – whether notice properly served by respondent on appellant regarding default in payment on a motor vehicle.

Law Society of the Northern Provinces v R F Sonntag (189/11) Appealed from GNP Date to be heard: 4 November 2011 Harms AP, Lewis JA, Malan JA, Leach JA, Plasket AJA Attorney – removal from roll – whether court a quo having found respondent guilty of unprofessional conduct and dishonesty should have unequivocally found that respondent no longer fit and proper to continue practice as an attorney – whether court should have ordered that respondent's name be removed from roll of attorneys – whether respondent should have been suspended - whether order for no costs was a discretion judicially exercised.

The Democratic Alliance v Ethekwini Municipality (887/10)

Appealed from KZD

Navsa JA, Brand JA, Heher JA, Another, Cachalia JA

Administrative action – whether respondent’s actions in re-naming streets of city of Durban amounted to legislative or administrative action – whether respondent acted in compliance with Constitution in particular ss 63, 33 and 152.

Heinrich Stander v The State (546/11) Appealed from ECP Date to be heard: 4 November 2011 Cloete JA, Snyders JA, Petse AJA Criminal law – Criminal Procedure Act 51 of 1977 – appeal against dismissal by court below of appellant's petition for leave to appeal against sentence imposed by regional magistrate – whether reasonable prospect of success – whether another court would find that sentence was unduly harsh – whether another court would have fixed a non-parole period in terms of s 276B.

Rooksana Karrim v The State (480/08) Appealed from GNP Date to be heard: 4 November 2011 Cloete JA, Snyders JA, Petse AJA Criminal law – appeal against conviction – murder – credibility – whether trial judge and Full Bench were correct in finding that evidence of accomplices are the 6 truth and that explanation tendered by appellant was false beyond reasonable doubt.

Gazit Properties (Pty) Ltd v Deon Marius Botha NO & others (873/10)

Appealed from GNP

Harms AP, Heher JA, Snyders JA, Shongwe JA, Majiedt JA

Insolvency – Insolvency Act 24 of 1936, s 29(1), interpretation of – meaning of phrase ‘in the ordinary course of business’ – whether payments made by insolvent company prior to liquidation were made in ordinary course of business – whether illegality of business of insolvent to be taken into account.

Master of the High Court (KwaZulu-Natal) v P de Viliers Berrange NO and another (291/11) Appealed from KZP Date to be heard: 7 November 2011 Harms AP, Heher JA, Snyders JA, Shongwe JA, Majiedt JA Insolvency – Insolvency Act 24 of 1936, s 73(1), interpretation of – whether written resolutions authorizing liquidators to employ attorneys and counsel and adopted by creditors of company in liquidation constitute compliance with written authorization referred to.

Council for Medical Schemes & another v Selfmed Medical Scheme & another (561/10) Appealed from GNP Date to be heard: 7 November 2011 Navsa JA, Van Heerden JA, Ponnan JA Malan JA, Petse AJA Defamation – company – whether a corporation is entitled to sue for defamation and damages – whether respondent made out proper case that it had been defamed by statements complained of – whether respondent demonstrated that statements were calculated to injure its business reputation – whether court correct in holding that statements irrelevant to a privileged occasion – whether defendants actuated by malice and/or bad faith when they made statements in question – whether court's order for damages of R200 000 for each of respondents falls to be reconsidered Cross-appeal Cost orders – whether respondents' cross-appeal seeking punitive costs order should succeed.

Commissioner for the South African Revenue Service v South African Custodial Service (Pty) Ltd (131/11) Appealed from Tax Court (Pretoria) Date to be heard: 7 November 2011 Brand JA, Another, Cachalia JA, Mhlantla JA, Plasket AJA Tax – assessment – whether respondent validly objected to assessment for the 2002 year of assessment – whether expenditure in dispute deductible in terms of Income Tax Act 58 of 1962, s 11(a), s 22, s 11(bA) and/or s 24J. 7

Ingonyama Trust v Ethekwini Municipality (149/11)

Appealed from KZD

Mthiyane JA, Ponnan JA, Bosielo JA, Theron JA, Petse AJA

Property – whether respondent’s application to have land held by appellant declared rateable in respondent’s area should have been granted – contention that trust land not rateable because it is exempted in terms of Rating of State Property Act 79 of 1984, s 3(3) (prior to its repeal).

G Liviero & Sons Building (Pty) Ltd v Sundowner Property Development (Pty) Ltd (49/11) Appealed from GSJ Date to be heard: 8 November 2011 Cloete JA, Heher JA, Cachalia JA, Shongwe JA, Plasket AJA Procedure – contract – whether court a quo erred in dismissing appellant's special plea to respondent's counterclaim that claim be referred to arbitration – whether appellant's counterclaims res judicata having regard to judgment in earlier motion proceedings between same parties.

R V Naidoo & another v R Sunker & others (126/11) Appealed from KZP Date to be heard: 8 November 2011 Cloete JA, Heher JA, Cachalia JA, Shongwe JA, Plasket AJA Property law – ejectment order – whether Plascon Evans principle should have been applied in relation to factual dispute as to whether or not purchasers of property knew of oral long lease under which respondents occupied property – whether if matter had to be decided on basis that purchasers had knowledge of long lease, it made any difference whether lease was governed by Formalities in Respect of Leases of Land Act 18 of 1969 – whether presumption in Extension of Security of Tenure Act 62 of 1997 applied.

Diederik Johan Van Rheede van Oudtshoorn v Investec Bank Limited (588/10) Appealed from GNP Date to be heard: 8 November 2011 Lewis JA, Another, Mhlantla JA, Seriti JA, Wallis JA Contract law - interpretation of power of attorney and partnership agreement – authority of agent to conclude instalment sale agreement and deed of suretyship – whether appellant can by ratification, waiver or estoppel be held bound to deed of suretyship purportedly concluded on his behalf without authority.

J P le Roux NO & others v S W Burger & others (249/11) Appealed from WCC Date to be heard: 9 November 2011 Harms AP, Van Heerden JA, Snyders JA, Malan JA, Majiedt JA 8

Servitude – whether servitude clause can be interpreted in such a manner that respondent still retains right to divert natural flow of water which leads to servitude dam and to divert it to new dams – whether respondent acquired this right through prescription.

Y W Bula and others v Minister of Home Affairs and others (589/11) Appealed from GSJ

Navsa JA, Cloete JA, Another, Bosielo JA, Leach JA

Giesecke & Devrient Southern Arica (Pty) Ltd v Minister of Safety and Security (749/10) Appealed from GSJ Date to be heard: 8 November 2011 Brand JA, Lewis JA, Cachalia JA, Mhlantla JA, Shongwe JA Delict – claim for damages for conduct of police officers acting within course and scope of their duty – whether certain documentary evidence admissible in terms of Law of Evidence Amendment Act 45 of 1988, Civil Proceedings Evidence Act 25 of 1965 or common law – whether appellant proved that police officials involved in robbery – whether off-duty policeman acted within course and scope of his duties – whether an off-duty policeman under duty by law to protect appellant.

The Chairman of the State Tender Board v Sneller (Pty) Ltd & others (764/10) The Chairman of the State Tender Board v Digital Voice Processing (Pty) Ltd (764/10) Appealed from GNP Date to be heard: 10 November 2011 Navsa JA, Lewis JA, Bosielo JA, Seriti JA, Plasket AJA Administrative law – whether respondents afforded opportunity to be heard before decision taken to blacklist them – whether appellant in taking decision biased – whether provisions of Promotion Of Administrative Justice Act 3 of 2000 applicable before decision was taken – whether appellant entitled to do so in terms of contract. Administrative law – whether decision not communicated to person against whom it is made has any legal efficacy and therefore reviewable.

Kouga Municipality v M Belligan and others (121/11) Appealed from ECG Date to be heard: 10 November 2011 Brand JA, Cloete JA, Heher JA, Theron JA, Wallis JA Review – Promotion of Administrative Justice Act 3 of 2000 (PAJA) – Municipal By-laws – whether PAJA applies to review application brought to strike down municipal liquor trading by-law which was promulgated in terms of Eastern Cape Liquor Act 10 of 2003, s 42(b) to determine liquor trading hours.

Jacobus Daniel Visser v Mopani District Municipality & others (641/10) Appealed from LAC Date to be heard: 10 November 2011 9

Ponnan JA, Snyders JA, Leach JA, Majiedt JA, Petse AJA Labour law – Labour Relations Act 66 of 1995, s 193(2) – whether employee should be penalised for delay between unfair dismissal and finalisation of appeal – whether employer has duty and onus to present evidence on and prove impracticality of reinstatement as opposed to compensation or may court do so mero motu without such basis – whether court should consider other alternatives such as reinstatement with capped backpay.

D White v City of Cape Town (918/10) Appealed from WCC Date to be heard: 10 November 2011 Ponnan JA, Snyders JA, Leach JA, Majiedt JA, Petse AJA Discrimination – water tariff policy – Local Government Municipal Systems Act 32 of 2000 – whether in differentiating between domestic consumers living in flats and those living in houses in respect of water tariffs contravenes s 74.

E B Claasen v M D Bester (872/10) Appealed from FB Date to be heard: 14 November 2011 Harms AP, Lewis JA, Shongwe JA, Majiedt JA, Plasket AJA Prescription – whether knowledge of legal invalidity or voidability of contract is a 'fact' for purposes of Prescription Act 68 of 1969, s 12(3) – whether appellant has proved that respondent acquired knowledge of facts from which debt arose more than three years before date on which action was instituted – whether finding of court a quo that respondent exercised reasonable care in circumstances and should therefore not be deemed to have had knowledge of facts from which debt arose in terms of s 12(2) can be sustained.

Premier of the Western Cape Provincial Government NO v Berenay Lakay (184/11) Appealed from WCC Date to be heard: 14 November 2011 Navsa JA, Cloete JA, Malan JA, Theron JA, Petse AJA Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – whether s 3 applies to guardian of minor in circumstances where latter mentally incapacitated – whether respondent had satisfied requirements as set out in s 3 – whether respondent entitled to notice or condonation for late notice – whether respondent’s claim prescribed at time of issue of summons.

Eskom Holdings Ltd v National Union of Mineworkers & others (840/10) Appealed from LAC Date to be heard: 14 November 2011 Brand JA, Van Heerden JA, Cachalia JA, Leach JA, Seriti JA Labour relations – whether CCMA has jurisdiction to arbitrate dispute concerning failure to agree on minimum service agreement in terms of Labour Relations Act 66 of 1995, s 74.

Honey & Partners Inc v Quince Property Finance (Pty) Limited (345/11) 10

Appealed from FB

Harms AP, Ponnan JA, Snyders JA, Leach JA, Seriti JA

Contract – interpretation of – whether defences of rectification, mutual or unilateral error proved by appellants.

City of Tshwane Metropolitan Municipality v The Mamelodi Hostel Residents Association & others (25/11) Appealed from GNP Date to be heard: 15 November 2011 Mthiyane JA, Van Heerden JA, Another, Shongwe JA, Majiedt JA Eviction – spoliation order – whether actions of appellant constituted eviction or constructive eviction – whether eviction lawful – appropriate relief to be ordered.

Ruslyn Mining & Plant Hire (Pty) Ltd v Alexkor Limited (917/10) Appealed from NCK Date to be heard: 15 November 2011 Heher JA, Bosielo JA, Wallis JA Civil procedure – whether court a quo’s refusal of amendment of appellant’s trial particulars evidenced too formal an approach in circumstances where reasonable explanation for amendment sought – whether court failed to correctly apply test for absolution from instance.

Nazier Kolia t/a Nazco Motors v First Rand Bank Limited t/a Wesbank (357/08)

Appealed from GSJ

Harms AP, Cloete JA, Cachalia JA

Estoppel – actio ad exhibendum – whether appellant estopped from claiming ownership of certain motor vehicles.

Park 2000 Development (Pty) Ltd v R W Page (905/10) Appealed from WCC Date to be heard: 16 November 2011 Brand JA, Another, Mhlantla JA, Malan JA, Theron JA Contract – interpretation – deed of sale – effect of non-fulfilment of condition in first part of Deed of Sale, clause 10 – whether appellant exercised election to cancel contract.

Olga Rademan v Moqhaka Municipality & others (173/11) Appealed from FB Date to be heard: 16 November 2011 Lewis JA, Bosielo JA Petse AJA 11

Property – spoliation order – whether magistrate court had jurisdiction – whether respondents justified in disconnecting appellant’s electricity supply – whether disconnection can occur only after court order has been obtained.

TEB Properties CC v The MEC, Department of Health and Social Development, North West (792/10) Appealed from NWM Date to be heard: 16 November 2011 Lewis JA, Bosielo JA, Petse AJA Contract law – whether Acting Head of Department of Health and Social Development, by virtue of relevant statutory provisions and regulations empowered to enter into lease agreement in circumstances where tender or bid procedure not followed – Treasury Regulations, Regulations 13 and 16A read with 1996 Constitution, s 217 and the Public Finance Management Act 1 of 1999, interpretation of.

FAWU o.b.o. Mbatha & 11 others v Pioneer Foods (Pty) Ltd t/a Sasko Milling and Baking (827/10) Appealed from LC Date to be heard: 17 November 2011 Navsa JA, Heher JA, Van Heerden JA, Wallis JA, Petse AJA Labour law – whether court justified in reviewing and substituting Commissioner’s arbitration award – whether CCMA Commissioner misdirected herself thereby making award susceptible to be set aside on review to Labour Court.

Equity Aviation Services (Pty) Ltd v South African transport and Allied Workers’ Union & another (478/09)

Appealed from LAC

Brand JA, Lewis JA, Malan JA, Shongwe JA, Plasket AJA

Martin Rosenberg v Nuco Chrome Bophuthatswana (Pty) Ltd & others (81/11) Appealed from NWM Date to be heard: 17 November 2011 Cloete JA, Snyders JA, Mhlantla JA, Theron JA, Seriti JA Company law – whether appellant entitled to order declaring that he is owner of 45 ordinary shares in Nuco – whether appellant entitled to order rectifying share register of Nuco so as to reflect him as shareholder – whether appellant’s claim has prescribed as it was a personal right – whether claim unenforceable in terms of Mineral and Petroleum Resources Development Act 28 of 2002, s 11(1).

Canteen & Mine Hostel Supplies (Pty) Ltd t/a CMH Construction & another v Emile Burger (813/10) Appealed from GSJ Date to be heard: 18 November 2011 Navsa JA, Heher JA, Another, Snyders JA, Plasket AJA 12

Arbitration – Arbitration Act 42 of 1965 – whether arbitrator abandoned powers in relation to determination of legal issue, deferring to opinion received from one party’s legal representatives – whether arbitrator delegated decision in relation to determination of factual issues to another person, in absence of parties’ consent – whether arbitrator exceeded powers by awarding specific performance in circumstances where monetary award claimed – whether award complied with principles of finality.

The Body Corporate of Savannah Park v Brainwave Projects 1147 CC & others (735/10) Appealed from KZD Date to be heard: 18 November 2011 Mthiyane JA, Cachalia JA, Mhlantla JA, Leach JA, Majiedt JA Sectional titles – interpretation – what is ambit and extent of developer’s rights over common property which is subject to rights of extension under Sectional Titles Act 95 of 1986, s 25.

Master of the High Court, North Gauteng v E M Motala NO & others (172/11) Appealed from GNP Date to be heard: 18 November 2011 Ponnan JA, Malan JA, Wallis JA Contempt of court – whether appellant intentionally and wilfully disobeyed court order – whether court a quo had jurisdiction to grant relevant part of order in respect of which appellant was found to be in contempt.

Gauteng Province Driving School association & others v Amaryllis Investments & another (6/11) Appealed from GNP Date to be heard: 18 November 2011 Ponnan JA, Malan JA, Wallis JA Civil procedure – contempt of court – whether appellant’s presence, as of 13 July 2010, on property would have amounted to breach or disobedience of court order dated 11 May 2010.

Cyril Sabelo Khumalo v The State (460/10)

Appealed from KZP

Navsa JA, Van Heerden JA, Majiedt JA

Criminal law – appeal against conviction of unlawful possession of prohibited firearms, unlawful possession of ammunition and sentence of effective 20 years imprisonment – reliability of testimony of two police witnesses and one civilian – whether alleged control of firearms and ammunition amounted to unlawful possession.

C F Bester NO & another v NDPP & others (198/11) Appealed from WCC 13

Date to be heard: 21 November 2011 Brand JA, Another, Seriti JA Prevention of Organised Crime Act 121 of 1998 (POCA) – winding-up application – whether powers conferred on a court in terms of POCA, ss 26 – 31 and 33(2) or on a curator bonis appointed under Chapter 5 cannot be exercised if presentation to court of application for winding-up of company pre-dates granting of order restraining realisable property owned by that company.

Harold Gunase v Ramesh Anirudh (826/10)

Appealed from KZD. 2010 (6) SA 531 (KZD)

Brand JA, Another, Seriti JA

Prescription – whether claim has become prescribed by lapse of time – appellant a practising attorney at the time failed to lodge respondent’s claim with Multilateral Motor Vehicle Accident Fund within three years from date collision occurred – appellant filed special plea raising defence of prescription.

The Road Accident Fund v Magdalena Lechner (711/10) Appealed from WCC Date to be heard: 21 November 2011 Cloete JA, Cachalia JA, Leach JA Road Accident Fund – whether medical expenses paid by health insurance provider deductible from amount awarded to respondent – whether agreement entered into between respondent and health insurance provider aimed at preventing double compensation acceptable.

Mjongi Gusha v Road Accident Fund (158/11)

Appealed from GNP

Cloete JA, Cachalia JA, Leach JA

Contract – interpretation of oral agreement between parties where respondent accepted liability for appellant’s damages – whether apportionment of damages should apply.

Industrial Development Corporation of SA Ltd v PFE International Inc (BVI) & others (910/10) Appealed from KZD. 2011 (4) SA 24 (KZD); [2011] 2 All SA 617 (KZD) Date to be heard: 22 November 2011 Lewis JA, Snyders JA, Theron JA Access to information – Promotion of Access to Information Act 2 of 2000 (PAIA), s 1, interpretation of – whether rules of courts relating to subpoenas provide for production of or access to records of non-litigants as contemplated in s 7(1)(c).

Erf 16 Bryntirion (Pty) Ltd v Minister of Public Works (914/10) 14

Appealed from GNP Date to be heard: 22 November 2011 Lewis JA, Snyders JA, Theron JA Property law – Expropriation Act 63 of 1975 – whether expropriation of appellant’s property procedurally fair and justified by reasons given – whether expropriation indeed for “public purposes”.

James D Biddlecombe v Road Accident Fund (797/10)

Appealed from GSJ

Heher JA, Malan JA, Wallis JA

Vehicle collision – negligence – whether apportionment of liability applies.

Johannes Zacharias Human Muller N O & another v Community Medical Aid Scheme (901/10) Appealed from GSJ Date to be heard: 22 November 2011 Heher JA, Malan JA, Wallis JA Insolvency law – whether moneys paid to respondent by liquidated medical aid scheme formed part of its insolvent estate – whether monies paid did not form part of insolvent estate because retained as earmarked funds or because funds not validly received into insolvent medical aid scheme’s bank account.

Hlanganani Sihlobo Dube v The State (322/11) Appealed from GNP Date to be heard: 22 November 2011 Ponnan JA, Mhlantla JA, Bosielo JA Criminal law – appeal against conviction and sentence – whether magistrate correctly accepted evidence of identification of appellant by state witnesses as being trustworthy – whether effective term of 16 years’ imprisonment appropriate.

Jacob Mashinini v The State (502/11)

Appealed from GNP

Ponnan JA, Mhlantla JA, Bosielo JA

Criminal law – appellants pleaded guilty to rape and sentence of life imprisonment imposed – imposition of minimum sentence of life imprisonment in terms of Criminal Law Amendment Act 105 of 1997, s 51(2) – whether sentences of life imprisonment shockingly inappropriate.

A J Stolts v S (423/11) Appealed from NWM Date to be heard: 23 November 2011 15

Harms AP, Shongwe JA, Plasket AJA Criminal law – Appeal against conviction on charge of rape – whether misdirection in dismissing application to recall complainant in terms of the Criminal Procedure Act 51 of 1977, s 197 and/or s 186 – whether magistrate committed gross irregularity by refusing to recall complainant when evidence of dishonesty became available.

Adriaan Kruger v The State (506/11) Appealed from GNP Date to be heard: 23 November 2011 Harms AP, Shongwe JA, Plasket AJA Criminal law – whether cumulative effect of sentences imposed appropriate – whether period in custody pending outcome of trial should be taken into consideration for purposes of sentencing appellant. Alberto Abram de Sousa v The State (334/11) Appealed from FB Date to be heard: 23 November 2011 Harms AP, Shongwe JA, Plasket AJA Criminal law – appeal against conviction and sentence – whether complainant as a single witness unsatisfactory, unreliable and not credible – whether sentences imposed upon appellant unduly harsh and excessive – whether trial court erred in convicting appellant of contravening Criminal Law (Sexual Criminal Offences and Related Matters) Amendment Act 32 of 2007, s 3.

Francois Stephanus Cloete v The State (317/11) Appealed from GNP Date to be heard: 23 November 2011 Mthiyane JA, Another, Malan JA, Wallis JA, Petse AJA Criminal law – appeal against conviction and sentence – whether appellant had a legal duty to prevent assault on complainant – whether appellant could have exercised such legal duty under circumstances – whether injuries induced by appellant caused or contributed to death of deceased – whether appellant acted with common purpose – whether appellant should have been charged with assault instead of murder.

MEC for Social Development: Free State v National Association of Welfare Organisations and Non-Governmental Organisations and others (557/11) Appealed from FS Date to be heard: 24 November 2011

Navsa JA, Van Heerden JA, Mhlantla JA, Plasket AJA, Petse AJA

APPEALS DISPOSED OF WITHOUT WRITTEN REASONS IN 2010 16

S Zaaiman and others v Transnet (Pty) Ltd (637/08) – 4 May 2010

MC Manana v King Sabata Dalindyebo Municipality (345/2009) – 6 May 2010

Baront Investments (Pty) Ltd v Westdune Properties 296 (Pty) Ltd and others (433/09) - 17 May 2010 Mike Thompson v Aviation Finance Solutions (674/09) – 3 September 2010

Calibain BK h/a Swedo Tech Motor Centre v ABSA Bank Ltd (657/09) - 19 November 2010

DPI Plastics (Pty) Ltd v Incledon Cape (Pty) Ltd (154/10) – 25 February 2011 Diliza Themba Mncedi Mbete v HT & H Construction and another (209/10) – 3 March 2011

Gerrit Grobler NO v Mobile Telephone Networks (Pty) Ltd & others (465/10) - 4 May 2011

Thomas Mudau v The State (103/11) – 23 May 2011

Joseph Mohloko Kudu Sithole v The State (593/10) – 23 May 2011

F Booysen & others v The State (35/11) – 25 August 2011

Munier Effendi v The State (66/11) – 30 August 2011