South Africa Case Law

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (2022/059481)

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (2022/059481) [2024] ZAGPPHC 709 (23 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/059481

Judge

BAM

The High Court dismissed Turners Shipping’s declaratory application, holding that SARS had a legal basis to hold the clearing agent liable for amounts in lieu of forfeiture.

• Customs And Excise Act
• Agent Liability
• Forfeiture Of Goods
• Refund Of Duties
• False Declaration
• Diversion Of Goods

Potch Boudienste Bk v Van Der Hoff Park Extension 39 Home Owners Association NPC; Strendi Cast Properties CC h/a Habiplan Estates v Altivex 174 NPC (A859/2014)

Potch Boudienste Bk v Van Der Hoff Park Extension 39 Home Owners Association NPC; Strendi Cast Properties CC h/a Habiplan Estates v Altivex 174 NPC (A859/2014) [2015] ZAGPPHC 246 (10 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

A859/2014

Judges

Potterill, Kganyago

The court held that the appellants, as servitude holders, had undisturbed possession of the road and were unlawfully deprived of such possession by the erection of a gate without their consent or legal process. The magistrate erred by considering the reasonableness of the respondents' actions rather than focusing on the fact of dispossession, which is the central inquiry in spoliation proceedings. The first respondent, as managing agent, executed the instructions of the second respondent and thus participated in the spoliation, making joinder appropriate. The respondents' conduct in the litig…

Source excerpt

• Mandament Van Spolie
• Servitude Rights
• Joinder Of Parties
• Punitive Costs
• Possession
• Agent Liability

Cash on Demand (KZN) (Pty) Ltd v Van Zyl (2009/21655)

Cash on Demand (KZN) (Pty) Ltd v Van Zyl (2009/21655) [2012] ZAGPJHC 148 (23 August 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/21655

Judge

D S S Moshidi

The High Court held an attorney-agent liable in delict for failing to disclose a prior cession of the same surplus equity, causing the plaintiff's loss.

• Misrepresentation
• Agent Liability
• Non Disclosure
• Pure Economic Loss
• Contractual Warranties
• Agent-liability

Dos Santos NO and Others v Aucor (Bloemfontein) (edms) Bpk and Another (2916/2010)

Dos Santos NO and Others v Aucor (Bloemfontein) (edms) Bpk and Another (2916/2010) [2012] ZAFSHC 8 (2 February 2012)

Court

Free State High Court, Bloemfontein

Case number

2916/2010

Judge

L J Lekale

High Court held that a late acceptance of an auction offer caused the offer to lapse, so no sale contract arose. The auctioneer had to refund the deposit.

• Auction Sale
• Contract Formation
• Late Acceptance
• Agent Liability
• Refund Of Deposit
• Auction-sale

S v Solomon (266/85)

S v Solomon (266/85) [1986] ZASCA 55; [1986] 2 All SA 443 (A) (26 May 1986)

Court

Supreme Court of Appeal

Case number

266/85

Judges

RABIE, TRENGOVE, BOTHA, JACOBS, SMALBERGER

The court held that the statutory definition of 'dealing' in the Drugs and Drug Trafficking Act must be interpreted in its context and restrictively, given its penal nature. The omission of 'purchase' or 'acquire' from the definition, and the clear legislative distinction between 'dealing' and 'possession', indicate that the legislature did not intend to criminalise the act of purchasing a prohibited substance for personal use as 'dealing'. This applies equally to intermediaries or agents acting solely on behalf of a buyer for personal use. The appellant's conduct, purchasing a Mandrax tablet…

Source excerpt

• Drug Offences
• Statutory Interpretation
• Possession Vs Dealing
• Mandrax
• Agent Liability