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Criminal Law [2023] ZAWCHC 219

Syster v S - Appeal (A101/2021)

Syster v S - Appeal (A101/2021) [2023] ZAWCHC 219 (4 August 2023)

Court
Western Cape High Court, Cape Town
Case number
A101/2021
Judges
M Pangarker, G Salie

The appeal succeeded because the State failed to prove its case beyond reasonable doubt. The evidence of the Vodacom employees was inconsistent and unreliable, particularly regarding their inability to identify the appellant and the presence of a knife. The magistrate erred by accepting their evidence without proper scrutiny and by rejecting the appellant's version, which was corroborated by a State witness and not so improbable as to be reasonably possibly false. The inspection in loco was not properly recorded or subjected to challenge, and thus could not be relied upon as real evidence. Th…

Source excerpt

  • Robbery With Aggravating Circumstances
  • Credibility Of Witnesses
  • Inspection In Loco
  • Reasonable Doubt
  • Competent Verdicts
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Land And Property [2023] ZALCC 15

Hilton Community v Minister of Agriculture, Land Reform and Rural Development and Others (LCC72/2020)

Hilton Community v Minister of Agriculture, Land Reform and Rural Development and Others (LCC72/2020) [2023] ZALCC 15 (18 May 2023)

Court
Land Claims Court
Case number
LCC72/2020
Judges
Y S Meer, S S Luthuli, A Andrews

The Court found that there was no evidence that a community, as defined in the Restitution of Land Rights Act, resided on or was dispossessed from the claimed land. The claim originated from Ms Ngcobo, who was removed from land elsewhere, not the subject properties. The inspection in loco and witness statements confirmed that neither the Plaintiff nor the Fourth Defendant met the statutory definition of a community with rights in the claimed land. The expert report and aerial photographs did not support community occupation. Consequently, the claim for restitution was dismissed. Regarding cos…

Source excerpt

  • Restitution Of Land Rights Act
  • Community Definition
  • Costs Award Against State
  • Inspection In Loco
  • Constitutional Litigation
  • Expert Evidence
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Criminal Law [2023] ZAGPPHC 205

S v Ngwenya

S v Ngwenya [2023] ZAGPPHC 205; A25/2022 (17 March 2023)

Court
North Gauteng High Court, Pretoria
Case number
A25/2022
Judges
Swanepoel, Hassim

The appeal against conviction for firearm and ammunition possession succeeded. The court found credibility and chain-of-custody defects, and set aside conviction and sentence.

  • Firearms Control Act
  • Chain Of Custody
  • Standard Of Proof
  • Inspection In Loco
  • Criminal-law
  • Firearms-control-act
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Land And Property [2021] ZALCC 7

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC115/2008; LCC026/2007)

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC115/2008; LCC026/2007) [2021] ZALCC 7; 2021 (6) SA 133 (LCC) (19 May 2021)

Court
Land Claims Court
Case number
LCC115/2008; LCC026/2007
Judge
B Spilg

The court ruled on how an inspection in loco minute should record observations, attributed statements, neutral headings, and disputed transcriptions in a land claims matter.

  • Inspection In Loco
  • Judicial Admission
  • Minute Of Inspection
  • Land Claims Procedure
  • Evidentiary Record
  • Dispute Resolution
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Civil Procedure [2016] ZAGPPHC 1080

Nkosi v MEC for the Department of Health, Gauteng (21336/2014)

Nkosi v MEC for the Department of Health, Gauteng (21336/2014) [2016] ZAGPPHC 1080 (14 December 2016)

Court
North Gauteng High Court, Pretoria
Case number
21336/2014
Judge
C Pretorius

The High Court refused leave to appeal against interlocutory orders on recusal and inspection in loco, finding no reasonable prospect of success.

  • Leave To Appeal
  • Recusal Of Judge
  • Inspection In Loco
  • Costs Order
  • Leave-to-appeal
  • Recusal
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Delict [2016] ZAGPPHC 347

Rakgotho v Passenger Rail Agency of South Africa (47217/2014)

Rakgotho v Passenger Rail Agency of South Africa (47217/2014) [2016] ZAGPPHC 347 (12 February 2016)

Court
North Gauteng High Court, Pretoria
Case number
47217/2014
Judge
S. A. M. Baqwa

The court dismissed a train-injury damages claim after finding the plaintiff’s version physically impossible and preferring the defendant’s evidence.

  • Negligence
  • Mutually Destructive Versions
  • Inspection In Loco
  • Burden Of Proof
  • Delict
  • Mutually-destructive-versions
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Land And Property [2015] ZALCC 6

Mathebula and Another v Harry (LCC72/2015)

Mathebula and Another v Harry (LCC72/2015) [2015] ZALCC 6; 2016 (5) SA 534 (LCC) (2 June 2015)

Court
Land Claims Court
Case number
LCC72/2015
Judge
Ngcukaitobi

The Land Claims Court held that the applicants could bury a family member on the farm under ESTA section 6(2)(dA), finding residence and an established burial practice.

  • Extension Of Security Of Tenure Act
  • Burial Rights On Farms
  • Occupier Definition
  • Established Practice
  • Inspection In Loco
  • Esta
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Labour Law [2012] ZALCCT 31

New Dodge Waterfront Partnership t/a Dodge Diner v Commission for Conciliation Mediation and Arbitration and Others (C 59/2011)

New Dodge Waterfront Partnership t/a Dodge Diner v Commission for Conciliation Mediation and Arbitration and Others (C 59/2011) [2012] ZALCCT 31 (25 July 2012)

Court
Labour Court Cape Town
Case number
C 59/2011
Judge
Steenkamp

Review of a CCMA award over dismissal for alleged theft failed; the court held the commissioner’s finding was within the range of reasonable outcomes.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Onus Of Proof
  • Circumstantial Evidence
  • Inspection In Loco
  • Labour-law
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Delict [2012] ZAGPJHC 133

Mokwena v South African Rail Commuter Corporation Ltd and Another (14465/2010)

Mokwena v South African Rail Commuter Corporation Ltd and Another (14465/2010) [2012] ZAGPJHC 133 (14 June 2012)

Court
South Gauteng High Court, Johannesburg
Case number
14465/2010
Judge
Satchwell

The court found that the plaintiff was a lawful passenger who was ejected from a moving train at Elandsfontein station due to overcrowding and the presence of an open door. The defendants failed to ensure that all doors were closed before the train departed, exposing the plaintiff to a foreseeable and obvious risk of harm. The evidence from the inspection in loco contradicted the defendants' assertions regarding platform usage and door operation, confirming that doors were indeed open while trains were in motion. The defendants did not produce any records or evidence of staffing, maintenance,…

Source excerpt

  • Negligence
  • Duty Of Care
  • Commuter Safety
  • Open Train Doors
  • Inspection In Loco
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Labour Law [2002] ZALC 48

Transnet Ltd t/a Metrorail v Hefer (J1664/00)

Transnet Ltd t/a Metrorail v Hefer (J1664/00) [2002] ZALC 48; [2002] 10 BLLR 1011 (LC) (31 May 2002)

Court
Labour Court
Case number
J1664/00
Judge
Ngcamu

Labour Court review dismissed for lack of a complete record and no proven irregularity. The award reinstating the employee was left standing.

  • Review Of Arbitration Award
  • Gross Neglect Of Duty
  • Disciplinary Procedure
  • Onus Of Proof
  • Inspection In Loco
  • Review-of-arbitration-award
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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.