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South Africa Case Law

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Criminal Law [2021] ZAWCHC 262

Van der Bank v S (A53/2021)

Van der Bank v S (A53/2021) [2021] ZAWCHC 262; 2022 (1) SACR 307 (WCC) (10 December 2021)

Court
Western Cape High Court, Cape Town
Case number
A53/2021
Judges
N Nyati, P A L Gamble

The court held that the two-hour period contemplated in section 65(2)(a) of the National Road Traffic Act commences at the time the driving stops, not at the time of arrest. The State failed to prove beyond reasonable doubt that the blood sample was drawn within two hours of the cessation of driving, as the evidence showed the driving stopped at approximately 01h15 and the blood was drawn at 03h29, outside the prescribed period. Consequently, the statutory presumption under section 65(3) could not apply, and the State did not establish the appellant's guilt beyond reasonable doubt. The convic…

Source excerpt

  • Driving Under Influence
  • National Road Traffic Act
  • Presumption Of Alcohol Content
  • Evidentiary Presumptions
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Land And Property [2019] ZAGPJHC 434

Sharma v Hirschowitz and Others (A3064/18)

Sharma v Hirschowitz and Others (A3064/18) [2019] ZAGPJHC 434; 2020 (3) SA 285 (GJ) (4 November 2019)

Court
South Gauteng High Court, Johannesburg
Case number
A3064/18
Judges
I Opperman, HE Mkhawane

The court held that the magistrate erred in awarding holding over damages at R40 000 per month, as the only reliable evidence of market rental at the relevant time was the R34 500 per month orally agreed and paid by the appellant. The oral agreement was valid and enforceable, as section 5(1) of the Rental Housing Act permits oral leases, and section 5(5) creates only a rebuttable presumption of continuation of prior terms in the absence of a written agreement. The common cause oral agreement rebutted the presumption. The rental deposit and accrued interest (R48 164) should have been set off a…

Source excerpt

  • Rental Housing Act
  • Holding Over Damages
  • Oral Lease Agreement
  • Set Off
  • Evidentiary Presumptions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.