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South Africa decisions
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S v Kgwedi (SS67/2023) [2024] ZAGPJHC 511 (14 May 2024)
The High Court set aside guilty pleas to murder, attempted murder and kidnapping, convicting the accused only of defeating the ends of justice and imposing an effective 7-year sentence.
Mokotoane and Others v Colt Logostics CC and Another (10040/2020) [2022] ZAGPPHC 169 (17 March 2022)
The court found that the default judgment was granted without disclosure of material facts, including pending litigation challenging the validity of the loan agreement and settlement, and allegations of fraud and asset-stripping. These matters could materially affect the enforceability of the principal debt and, consequently, the trust's accessory liability. The court held that the purely procedural approach adopted by the respondent was inappropriate given the complexity and seriousness of the underlying disputes. The tests for rescission under Rule 42 and the common law were met, as the jud…
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S v Mbatha and Another (CCD34/2020) [2021] ZAKZPHC 55 (3 June 2021)
The court found the evidence of the State witnesses, particularly Mr Mbambo, to be credible and corroborated by other witnesses and physical evidence. The accused's denials were found to be false beyond reasonable doubt and unsupported by any credible evidence. The planning and execution of the crimes were established through the testimony of Mr Mbambo and others, including the recovery of firearms and the handling of the stolen vehicle. The intention to commit murder and robbery was clearly formulated before the offences, and the murder of Ms Sangweni was committed to prevent her from testif…
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Competition Commission v Shoprite Checkers [Pty] Ltd and Another (183/CAC/Apr20 CT; CR228DEC18/DSM258FEB19) [2020] ZACAC 9 (27 October 2020)
The Tribunal's findings in paragraphs [28], [36], and [37] were definitive and final, as they precluded the Commission from pursuing its case based on the Single Economic Entity doctrine in section 8 abuse of dominance proceedings. The Commission could not meaningfully amend its referral without repeating averments already rejected by the Tribunal, rendering the opportunity to amend illusory. The Tribunal erred in restricting the SEE doctrine to section 4 horizontal practices and in failing to recognise that the pleaded facts could support its application to section 8. The findings in [28], […
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Liberty Group Ltd v Erasmus NO (54534/2011) [2018] ZAGPPHC 497 (11 July 2018)
The court held that service of summons on one surety does not interrupt prescription against another surety of the same principal debtor. The obligations of co-sureties are independent and accessory only to the principal debtor, not to each other. The extension of the common law exception, whereby interruption of prescription against the principal debtor interrupts prescription against the surety, does not apply in reverse or to co-sureties. The court found no authority in Roman law, Roman-Dutch law, or South African law to support the plaintiff's proposition. The special plea of prescription…
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Absa Bank Limited v Van Eeden and Others (4078/2012) [2018] ZAECPEHC 14 (27 March 2018)
The court dismissed ABSA’s suretyship claims after finding material non-disclosure about a prior bond and, alternatively, that the principal debt had been discharged.
Standard Bank of South Africa Ltd v Wilkenson (68566/2018) [2018] ZAGPPHC 855 (30 January 2018)
The court granted the defendant leave to defend a summary judgment claim based on suretyship, finding a possible defence that the suretyship ended when the original overdraft was settled.
Lamprecht v S (A141/2013) [2017] ZAFSHC 43 (16 March 2017)
The court found that the appellant was guilty of theft on two bases: first, the direct evidence of Heymans, which was accepted by the regional magistrate and not challenged on appeal, implicated the appellant in the commission of the offence. Second, the appellant's own version demonstrated his central involvement in the registration and concealment of the stolen vehicle, with no rational explanation for his conduct other than knowledge or reckless disregard of the vehicle's stolen status. The court emphasized that theft is a continuing crime, and the appellant's assistance in concealing the…
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Hudson v Fedbond Nominees (Pty) Limited (2004/13659) [2017] ZAGPJHC 378 (6 March 2017)
The court found that the plaintiff failed to discharge the onus of proving that the referee's report was unreasonable, irregular, or led to a patently inequitable result. The calculations and procedures adopted by the referee were thorough and considered all relevant factors, including the plaintiff's arguments. The principal judgment debt of Dalmatian Properties (Pty) Ltd was not discharged, as interest continued to accrue and the total payments made did not extinguish the debt. Consequently, the plaintiff's accessory liability as surety was not extinguished. The court held that the plaintif…
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Costa and Another v Standard Bank of South Africa Limited (63765/2012) [2016] ZAGPPHC 1055 (15 December 2016)
The High Court rescinded a default judgment against the applicants after finding a reasonable explanation for their default and a prima facie defence.
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