South Africa Case Law

Ngubane v S (A29/2023)

Ngubane v S (A29/2023) [2023] ZAGPJHC 500 (18 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A29/2023

Judge

Thupaatlase

The court found that the magistrate erred in refusing bail by overemphasizing the seriousness of the charges and the strength of the State's case, while failing to properly weigh factors in favour of the appellant. The magistrate incorrectly stated that a minimum sentence of 15 years applied, when the law prescribes a maximum. The appellant is a South African citizen with no evidence of intent to abscond, interfere with witnesses, or cause public disturbance. The State conceded there was no risk of interference or public unrest. The use of affidavit evidence was permissible and both parties r…

Source excerpt

• Bail Application
• Firearms Control Act
• Counterfeit Goods
• Customs And Excise
• Onus Of Proof

Sugarless Company (Pty) Ltd v Quad Africa Energy (Pty) Ltd (25802/2018)

Sugarless Company (Pty) Ltd v Quad Africa Energy (Pty) Ltd (25802/2018) [2018] ZAGPJHC 579 (19 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

25802/2018

Judge

WHG van der Linde

Section 18(3) application granted: the judgment’s orders were put into operation pending appeal, and the applicant was not required to furnish security.

• Trade Mark Infringement
• Copyright Infringement
• Passing Off
• Section 18 Application
• Interdict
• Counterfeit Goods

Herbal Zone (Pty) Limited and Others v Infitech Technologies (Pty) Limited and Others (204/2016)

Herbal Zone (Pty) Limited and Others v Infitech Technologies (Pty) Limited and Others (204/2016) [2017] ZASCA 8; [2017] 2 All SA 347 (SCA); 2017 BIP 172 (SCA) (10 March 2017)

Court

Supreme Court of Appeal

Case number

204/2016

Judges

Cachalia, Shongwe, Wallis, Mbha, Schippers

The Supreme Court of Appeal dismissed a passing-off claim over Phyto Andro and set aside an interdict against allegedly defamatory statements, finding no clear right.

• Passing Off
• Defamation
• Unregistered Trademark
• Interdict
• Reputation
• Counterfeit Goods