South Africa Case Law

Chung Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2148/2019)

Chung Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2148/2019) [2023] ZAGPJHC 263 (20 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judges

Mudau, Mahalelo, Wanless

The court held that the appellants were not entitled to use Erf [...] for commercial activities or parking as these uses were inconsistent with its zoning as public open space under both the 1979 and 2018 Town Planning Schemes. The City of Johannesburg was bound by its own scheme and could not authorise uses outside its scope. The lease agreement did not override zoning restrictions, and the activities conducted by the appellants constituted a nuisance to nearby residents. The proposed construction of a boundary wall would not abate the nuisance sufficiently and would not legalise the unlawfu…

Source excerpt

• Town Planning Scheme
• Public Open Space Definition
• Nuisance
• Interdict
• Environmental Rights
• Admission Of Further Evidence On Appeal

Haggis and Another v S (A147/2013;30/97/1997)

Haggis and Another v S (A147/2013;30/97/1997) [2023] ZAWCHC 64; 2023 (2) SACR 24 (WCC) (17 March 2023)

Court

Western Cape High Court, Cape Town

Case number

A147/2013;30/97/1997

Judges

Baartman, De Wet

Appeal against sentence after extreme delay. The court admitted new evidence, found exceptional circumstances for one appellant, and reduced both sentences.

• Drug Trafficking
• Sentence Appeal
• Admission Of Further Evidence On Appeal
• Exceptional Circumstances
• Delay In Finalisation
• Ill Health And Sentencing

Lottering v S (A329/2019)

Lottering v S (A329/2019) [2020] ZAWCHC 88; 2020 (2) SACR 629 (WCC) (31 August 2020)

Court

Western Cape High Court, Cape Town

Case number

A329/2019

Judges

Binns-Ward, Hockey

Appeal against conviction for armed robbery and sentence dismissed after the court upheld the complainant’s identification of the accused.

• Identification Evidence
• Single Witness Testimony
• Admission Of Further Evidence On Appeal
• Minimum Sentencing
• Competence Of Legal Representation
• Criminal-law

Mayekiso and Others v Patel NO and Others (3860/2016)

Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)

Court

Western Cape High Court, Cape Town

Case number

3860/2016

Judges

P.A.L.Gamble, P.B.Mantame, M.L.Sher

The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and c…

Source excerpt

• Eviction Under Pie
• Trustee Powers In Insolvency
• Homelessness And Alternative Accommodation
• Children S Rights In Eviction
• Locus Standi Of Trustees
• Admission Of Further Evidence On Appeal

Pillay v S (AR 483/05)

Pillay v S (AR 483/05) [2012] ZAKZPHC 40 (26 June 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 483/05

Judges

Swain, Henriques

High Court appeal on sentence for theft of trust money. The court admitted fresh evidence after a seven-year delay and imposed a wholly suspended sentence.

• Theft By Attorney
• Admission Of Further Evidence On Appeal
• Delay In Criminal Appeal
• Suspended Sentence
• Rehabilitation
• Repayment Of Trust Money

Commissioner for the South African Revenue Services v Higgo (A967/05)

Commissioner for the South African Revenue Services v Higgo (A967/05) [2006] ZAWCHC 71; 2007 (2) SA 189 (C); 68 SATC 278 (18 August 2006)

Court

Western Cape High Court, Cape Town

Case number

A967/05

Judges

J G Foxcroft, D M Davis, B Waglay

The court held that retirement payments under Momentum’s arrangement were not taxable annuities as claimed, and dismissed both the appeal and the bid to add evidence.

• Income Tax Assessment
• Annuity Vs Capital Payment
• Admission Of Further Evidence On Appeal
• Deductibility Of Management Fees
• Income-tax
• Annuities

Staatspresident van die Republiek van Suid Afrika en 'n Ander v Lefuo (428/88)

Staatspresident van die Republiek van Suid Afrika en 'n Ander v Lefuo (428/88) [1990] ZASCA 6; 1990 (2) SA 679 (AD); (2 March 1990)

Court

Supreme Court of Appeal

Case number

428/88

Judges

Hoexter, Smalberger, Vivier, Kumleben, Nicholas

The court held that the President's powers under section 1(2) of the Constitution of the National States must be exercised in accordance with the statutory purpose of promoting self-government and independence within the relevant 'volksverband'. The evidence established that Qwaqwa and Botshabelo differed significantly in political development, culture, and historical association. The majority of Botshabelo's population, although predominantly South Sotho by origin, was urbanised, ethnically mixed, and lacked the necessary cultural and historical ties to Qwaqwa. Statutory citizenship was deem…

Source excerpt

• Territorial Adjustment Of Self Governing Areas
• Ultra Vires Exercise Of Presidential Power
• Volksverband Requirement
• Statutory Interpretation
• Admission Of Further Evidence On Appeal

S v Goosen (278/1987)

S v Goosen (278/1987) [1988] ZASCA 31; [1988] 4 All SA 491 (AD) (29 March 1988)

Court

Supreme Court of Appeal

Case number

278/1987

Judges

Van Heerden, Nestadt, Kumleben

The court held that a record from another case could not simply be received as evidence under section 316(3), and remitted the matter for reconsideration.

• Admission Of Further Evidence On Appeal
• Murder
• Robbery
• Separation Of Trials
• Dolus Directus
• Statutory Interpretation