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South Africa Case Law

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Criminal Law [2017] ZAGPPHC 174

S v Dungan (39/2017, B222/686/2016, A99/2017)

S v Dungan (39/2017, B222/686/2016, A99/2017) [2017] ZAGPPHC 174 (2 March 2017)

On special review, the High Court set aside a magistrate’s sentence that exceeded the Trespass Act’s penalty limit and substituted a lawful sentence.

  • Sentencing
  • Trespass Act
  • Criminal Procedure Act
  • Penalty Provisions
  • Criminal-sentencing
  • Special-review
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Commercial And Corporate [2016] ZASCA 174

South African Broadcasting Corporation Soc Limited v Massstores (Pty) Ltd (914/2015)

South African Broadcasting Corporation Soc Limited v Massstores (Pty) Ltd (914/2015) [2016] ZASCA 174 (25 November 2016)

The court held that “sell” in section 27(4) of the Broadcasting Act requires completion by delivery, so Masstores was not liable for penalties.

  • Broadcasting Act Interpretation
  • Dealer Liability
  • Penalty Provisions
  • Sale And Delivery
  • Condonation
  • Special Leave To Appeal
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Commercial And Corporate [2015] ZAGPJHC 192

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012)

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012) [2015] ZAGPJHC 192 (31 August 2015)

The High Court held that “sells” in section 27(4) of the Broadcasting Act refers to delivery of the television set, not merely a concluded contract.

  • Contract Of Sale
  • Statutory Interpretation
  • Broadcasting Act
  • Dealer Liability
  • Penalty Provisions
  • Statutory-interpretation
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