Coram: Cachalia, Shongwe,
Wallis and Mbha JJA and Schippers AJA
Heard: 22 February 2017
Delivered: 10 March 2017
Summary: Passing off – requirement of reputation – failure to
prove source of goods and that the reputation vested in the applicant – claim
for interdict dismissed.
Defamation – trading corporation – interdict against future publication of defamatory matter –
such not lightly granted – dispute
of fact on the papers whether statements were justified – such a genuine
dispute – applicant failing to show a clear right – interdict refused
Coram:
Ponnan, Theron, Petse, Zondi and
Van der Merwe JJA
Heard: 21 February 2017
Delivered: 10 March 2017
Summary: Appeal: special leave to appeal in
terms of s 16(1)(b) of the Superior Courts Act 10 of 2013: intended appeal raises only factual issues in respect of which the
prospects of success are poor: no special circumstances to merit further
appeal: special leave refused.
Coram:
Shongwe, Swain, Mathopo and Mocumie JJA and Dlodlo AJA
Heard:
10 November 2016
Delivered: 9 March 2017
Summary: Matrimonial Property Act 88
of 1984 – Marriage out of
community of property with accrual - Antenuptual contract – Exclusion of
defined assets from accrual – Proof of assets ‘acquired by such party by virtue
of the possession or former possession of such asset’ – Particular asset, its
proceeds and assets which replace the excluded asset, or acquired with its
proceeds excluded – Trust
Property Control Act 57 of 1988 – Unconscionable abuse of trust through fraud, dishonesty or
improper purpose with object of avoiding accrual claim – piercing of trust
veneer - spouse having standing to advance claim against husband as trustee
– evidence not establishing such conduct.
Coram: Shongwe, Majiedt and Mocumie JJA and Fourie
and Schippers AJJA
Heard: 24 February 2017
Delivered: 9 March 2017
Summary: Validity of a notarially executed 99 year lease
: whether agent had
the necessary authority to bind her principal : held that power of attorney with
draft lease attached thereto duly authorised the agent to execute the lease on
behalf of her principal
: whether the provisions of s 3(d) or
3(e)(ii) of the Subdivision of Agricultural Land Act 70 of 1970
prohibited the conclusion of the lease : held that these provisions of Act did
not find application : lease held to be valid.
Coram: Shongwe, Majiedt, Van der
Merwe and Mocumie JJA and Schippers AJA
Heard:
16 February 2017
Delivered: 3
March 2017
Summary: Criminal Procedure – fatally irregular to increase sentence on appeal absent prior notice by court to
appellant of an intention to do so – infringement of fair trial rights – remittal
to court of appeal.
Coram: Shongwe, Van der Merwe, Mocumie, JJA and Dlodlo and Potterill AJJA
Heard: 3 November 2016
Delivered: 23 February 2017
Summary: Criminal Law: Appeal against convictions of murder
and attempted murder: whether contradictions
in State witnesses’ evidence were material: whether denial of s 174 application was a fatal irregularity:
whether s 309B of the
Criminal Procedure Act 51 of 1977 was complied with: appeal against
sentence: whether
sentences should have been made to run concurrently
Neutral citation: Minister of Rural Development and Land Reform v
Phillips (52/2016) [2017] ZASCA 1 (22 February 2017)
Coram: Leach, Tshiqi and Zondi JJA and Makgoka and Schippers AJJA
Heard: 21 November 2016
Delivered: 22 February 2017
Summary: Award of financial compensation made to redress a
dispossession of a right in land under the Restitution of Land Rights Act 22 of
1994 : principles applicable to the determination of redress
: no reasonable prospect of another court finding the Land Claims Court had
erred in its determination
Neutral citation: South African Municipal
Workers’ Union v Minister of Co-Operative Governance & Traditional
Affairs and Others [2017] ZACC 7
Coram: Nkabinde ACJ, Cameron
J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ
and Zondo J
Judgments: Khampepe
J (majority): [1] to [104]
Jafta J
(dissenting): [105] to [122]
Heard on: 10
November 2016
Decided on: 9
March 2017
Summary: Declaration of invalidity —
confirmation — procedural challenge — substantive challenge —
classification of bills — test for tagging
Separation of
powers — legislative process — remedy — suspension — costs — legislative
competence
Coram: Mogoeng
CJ, Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J,
Mhlantla J, Mojapelo AJ, Pretorius AJ and Zondo J
Judgments: The
Court
Decided on: 2
March 2017
Summary: Direct access — Labour Relations Act, 1995 — Prescription Act, 1969
— dismissal dispute — arbitration award — order of reinstatement — prescription of arbitration award
Direct access granted — meaning of “debt” — Myathaza applicable
— order of reinstatement did not prescribe
Coram: Nkabinde
ACJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla
J, Musi AJ and Zondo J
Judgments: Mbha
AJ (unanimous)
Heard on: 3
November 2016
Decided on: 28
February 2017
Summary: Judicial review — 180-day period — Promotion of Administrative
Justice Act 3 0f 2000 — condonation — true discretion — unsatisfactory
explanation for delay — leave to appeal refused
Neutral citation: South African Riding for the Disabled Association v
Regional Land Claims Commissioner and Others [2017]
ZACC 4
Coram: Nkabinde ACJ, Cameron J, Froneman J,
Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J,
Musi AJ and Zondo J
Judgments:
Jafta J (unanimous)
Decided on:
23 February 2017
Summary: Section
35(9) of the Restitution of
Land Rights Act— just
and equitable compensation — direct and substantial interest — right to intervene
Neutral citation: Association
of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa
and Others [2017] ZACC 3
Coram: Nkabinde
ACJ, Cameron J, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J and Zondo
J
Judgments: Cameron
J (unanimous)
Heard on: 24
November 2016
Decided on: 21
February 2017
Summary: section 23(1)(d) of the Labour Relations Act —
collective agreement between the chamber of mines and unions — validity of extension of
collective agreement to members of union not party to collective
agreement — meaning of
“workplace” in section 23(1)(d) individual mining operations not
separate workplaces — each mining organisation constitutes a “workplace” —
collective agreement validly extended to members of union where union not party
to the collective agreement
Neutral citation: The Business Zone 1010 CC t/a Emmarentia
Convenience Centre v Engen Petroleum Limited and
Others [2017]
ZACC 2
Coram: Mogoeng CJ, Nkabinde ADCJ, Cameron J, Froneman J,
Jafta J, Khampepe J, Madlanga J,
Mbha AJ, Mhlantla J, Musi AJ and Zondo J
Judgments: Mhlantla J (unanimous)
Heard on: 24 August 2016
Decided on: 9 February 2017
Summary: Petroleum
Products Act 120 of 1977 — interpretation of section 12B — single act
constitutes a contractual practice under section 12B — decision of Controller
of Petroleum Products and Minister of Minerals and Energy reviewable in terms
of section 6 (2) (d) of Promotion of Administrative
Justice Act 3 of 2000 — referral
by the High Court confirmed.
Neutral citation: Ekurhuleni Metropolitan Municipality v Germiston
Municipal Retirement Fund [2017]
ZACC 1
Coram: Mogoeng CJ, Nkabinde ADCJ, Cameron J,
Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Musi AJ and Zondo J
Judgments: Nkabinde ADCJ (majority): [1] to [46]
Jafta J (minority): [47] to
[72]
Heard on: 16 August 2016
Decided on: 17 January 2017
Summary: Pension — Pension
fund rule — Jurisdiction —
Reconsideration of
interpretation of the pension fund rule based on “new” evidence — Can a
municipality’s constitutional obligations override its liability in terms of
the rule — Enforcement of the rule — Whether it offends public policy — Whether
a Pension Fund Board has a duty of good faith toward the Municipality
(employer) — No rigid
adherence to the requirements of res iudicata
Neutral
citation: Westminster Tobacco Co v Philip Morris Products SA (925/2015) [2017] ZASCA 10 (16 March 2017)
Coram: LEACH, WALLIS, PETSE
and ZONDI JJA and MBATHA AJA
Heard:
23 February 2017
Delivered: 16
March 2017
Summary: Expungement of trade mark for non-use in terms of
s 27(1(b) of the
Trade Marks Act 194 of 1993 – test for bona fide use of a trade mark – factual
enquiry.
Coram: Ponnan, Shongwe, Petse and Zondi JJA
and Gorven AJA
Heard: 3 March 2017
Delivered:
17 March 2017
Summary: Refusal to
grant liquor licence by Liquor Board : decision reviewed, set aside and licence
granted by high court along with order that Liquor Board must issue licence
after certain requirements met : appeal against review of refusal : liquor
licence subsequently issued : no challenge to issue of licence : appeal, if
successful, could not set aside the issue of the licence : section 16(2)(a) of Superior Courts Act 10 of 2013 : decision sought would have no practical effect or result : appeal
dismissed.
Coram: Ponnan, Willis and Zondi JJA and Fourie and
Nicholls AJJA
Heard: 7 March 2017
Delivered: 17 March 2017
Summary: Appeal : non-appealability of order : appellants not having locus standi to pursue the appeal : appeal
dismissed.
Neutral
citation: SA Metal Group (Pty) Ltd v The International Trade Administration Commission (267/2016) [2017] ZASCA 14
Bench: Ponnan, Leach,
Majiedt and Willis JJA and Fourie AJA
Heard: 1 March 2016
Delivered: 17 March 2016
Summary:
Appeal – s 16(2)(a)(i) Superior Courts Act 10 of 2013 – dismissal of appeal where
judgment or order sought would have no practical effect or result.
Neutral
citation: Mothuloe Incorporated Attorneys v
The Law Society of the Northern Provinces & another (213/16) [2017] ZASCA 17 (22 March 2017)
Coram: Cachalia, Shongwe, Wallis and Dambuza JJA and Mbatha AJA
Heard: 1 March 2017
Delivered: 22 March 2017
Summary: Attorneys Act 53 of 1979: complaints having been lodged
with the Law Society against a practitioner for failing to account to trust creditors:
practitioner admitting having received the money but imposing conditions before
releasing it to trust creditors: Law Society directing the practitioner to
produce for inspection records and books in his possession and under his
control in terms of s 70(1) of the Act: practitioner refusing to comply and
challenged the decision of the Law Society: sought to review and set aside
decision as irrational: practitioner blatantly disregarding the law and rules:
such conduct cannot be countenanced: conduct unprofessional.
Coram: Leach, Majiedt, Mathopo and Mocumie JJA and Schippers AJA
Heard:
2 March 2017
Delivered: 22
March 2017
Summary: Prescription – pension funds – erroneous double payment – substitution of a party after litis contestatio as a result of a cession of the debt
does not give rise to a valid plea of prescription – cessionary attains all the
rights of cedent – has full locus standi – impoverishment proved on the
facts.
Coram: Cachalia,
Willis, Zondi and Van der Merwe JJA and Mbatha AJA
Heard: 6
March 2017
Delivered: 22 March 2017
Summary: Claim for the rendering of a
statement of account by a municipality for the supply of utility services and a
debate thereof:
ex facie the pleadings, no
fiduciary relationship existed between the parties, no contractual agreement
between them to this effect, no statutory provision creating this obligation
: point in limine upheld : appeal dismissed with costs.
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