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South Africa decisions
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Bata Brands SA v Rexview Investments (Pty) Ltd and Others (55598/2020) [2024] ZAGPPHC 721 (15 June 2024)
The High Court dismissed an exception to amended particulars of claim in a trademark and copyright dispute, finding sufficient facts pleaded against the second defendant.
FCB Africa Proprietary Limited v Bousaada Proprietary Limited and Another In re: Bousaada Proprietary Limited and Another v FCB Africa Proprietary Limited and Another (16949/2021) [2022] ZAGPJHC 210; 2022 BIP 450 (GJ) (1 April 2022)
The court held that the application for separation of issues should be dismissed. The legal principle is clear: a claim for aiding and abetting infringement is independent and does not require the primary infringer to be joined. The Nestle Nespresso case does not support the applicant's argument, as it was decided on procedural grounds rather than the necessity of joining the primary tortfeasor. The court found no merit in the argument that the amendment should be refused on this basis. Furthermore, the court determined that separation of issues would not serve the convenience of the parties…
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S v D and Another (CC55/2016) [2017] ZAECBHC 1; 2017 (1) SACR 654 (ECB) (31 March 2017)
Sentencing for the rape of a nine-year-old child by her father and the mother’s assistance. Life imprisonment was imposed on the father; the mother received 10 years.
Nestle Nespresso S.A v Secret River Trading CC t/a Caffeluxe Distributors (20147/2014) [2015] ZAWCHC 137; 2015 BIP 413 (WCC) (5 October 2015)
The applicant failed to establish, on the papers, a reasonable apprehension of continued infringement or aiding and abetting by the respondent. The evidence showed that the respondent ceased importing the Sienna machines in 2012, and the primary infringer, Shoprite Checkers, was not joined to the proceedings. The applicant's case for aiding and abetting was raised only in reply and was not substantiated by sufficient evidence in the founding affidavit. The single instance of a machine with respondent's branding found in 2015 was insufficient to justify the relief sought. The court held that t…
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S v Luruli and Another (SS 63/11) [2012] ZAGPJHC 294; 2014 (1) SACR 511 (GJ) (20 July 2012)
Sentencing judgment for rape and related violent offences, where the court imposed eight life sentences plus 35 years’ imprisonment, with limited concurrency.
S v Motsoeneng (77/92) [1995] ZASCA 54 (19 May 1995)
The court held that while the legislature treats aiding and abetting illegal immigration as a serious crime, the appellant's position on the scale of guilt did not warrant a wholly unsuspended sentence near the maximum penalty. The appellant was not a master organiser, had no previous convictions, and her personal circumstances were significant. The magistrate did not misdirect himself, but the severity of the sentence justified interference. A fine was deemed inappropriate as it could be viewed as venture capital and might be paid by someone other than the appellant. The appropriate sentence…
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