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South Africa decisions
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Makola v Road Accident Fund (949/2024) [2024] ZAMPMBHC 75 (7 October 2024)
The High Court held the Road Accident Fund 100% liable after a truck’s brakes failed downhill, finding negligent maintenance by the owner and rejecting the defendant’s evidentiary challenge.
M.R v S (A330/2018) [2019] ZAWCHC 181; 2020 (2) SACR 649 (WCC) (28 November 2019)
The court held that Briscoe's affidavit, although not explicitly labelled as a certificate nor referencing section 10(2), meets the requirements of section 10(2) of the Extradition Act. The affidavit is an official attestation by an authorised prosecution officer, stating that there is sufficient evidence for prosecution. The Extradition Act does not prescribe a specific format for such certificates, and the legislative intent is to simplify extradition procedures, not to impose technical impediments. The hearsay nature of the affidavit does not render it inadmissible, as the Act and relevant…
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ABSA Bank Ltd v Sinthumule N.O and Another (22885/2015) [2019] ZAGPPHC 378 (19 August 2019)
The High Court granted absolution from the instance in ABSA’s claim to enforce a second mortgage bond, finding the proof of the alleged loan agreement insufficient.
Absa I-Direct Ltd v Lazarus NO and Another (8585/2016) [2017] ZAKZDHC 14 (22 March 2017)
The High Court reviewed and set aside magistrate’s rulings barring cross-examination on unproved documents, holding such questions are allowed subject to later proof.
I O Tech Manufacturing (Pty) Ltd and Others v Gallagher Group Ltd and Another (872/12) [2013] ZASCA 180; [2014] 2 All SA 134 (SCA); 2013 BIP 138 (SCA) (29 November 2013)
Patent infringement appeal failed because the respondents did not prove that the alleged infringing energisers took every essential integer of the claims.
S v Nomazoza (246/08) [2008] ZASCA 151; [2009] 2 All SA 173 (SCA) (27 November 2008)
The Supreme Court of Appeal held that the State had not proved Harold Nomazoza’s guilt beyond a reasonable doubt and set aside his conviction and sentence.
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