Witnesses in criminal trial: administration of the oath: may be administered by interpreter: s 165 of Criminal Procedure Act 51 of 1977.
Media Summary

Robbery – prosecution submitting that evidence of identification of accused unsatisfactory and that accused should be acquitted on appeal to full bench – appeal nonetheless dismissed – appeal upheld – function of appeal court where prosecution does not seek to uphold conviction.

Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entrusted to him: No reason to interfere with the exercise of discretion.

Contract: cession: may be oral: where parties agree to reduce contract to writing there will be no contract until terms have been reduced to writing: once cession reduced to writing parties bound by the terms of the deed of cession and cannot rely on oral negotiations.
Media Summary

Derivative action: Section 165(5)(b) of the Companies Act 71 of 2008: requirement of ‘good faith’: proof by applicant on a balance of probabilities: test subjective with objective control: state of mind of applicant determined by drawing inferences from objective facts: absence of collateral purpose not a self-standing requirement of good faith: relevant to determine whether issue ‘of material consequence to the company’: all of requirements of subsec to be satisfied: court retains controlling discretion whether to grant relief: alternative means to obtain the same relief: relevant to determine whether action in best interests of company.
Media Summary

Res judicata – requirements – issue estoppel – identity of interest between plaintiffs in the two actions sufficient to satisfy requirement of same party – identity of issues and claims in both actions.
Media Summary

Extension of Security of Tenure Act 62 of 1997: Land Claims Court erred in failing to consider probation officer’s report submitted in terms of s 9(3) of the Act prior to granting eviction order: considerations of convenience and interests of justice require that Supreme Court of Appeal considers the content of report and not remit matter to the Land Claims Court for reconsideration: content of the report not warranting interference with the eviction order.

Civil marriage solemnized in December 1995 in the erstwhile Transkei: the Marriage Extension Act 50 of 1997 did not alter the matrimonial property regime of parties who married without an ante-nuptial contract after 27 April 1994: marriage out of community of property.

Municipal Systems Act 32 of 2000: Sections 102(1)(b) and 118(3): right of municipality to transfer credits between accounts: single account holder: properties with different owners: amounts outstanding on both properties by account holder for services supplied by municipality: transfer of credits by municipality from first account to second account: resultant liability of owner of first property increased and that of owner of second property decreased: municipality entitled to claim from owner of first property increased balance owed.
Media Summary

Sentence - imposition of - factors to be taken into account: appellant convicted on a charge of theft: previous conviction one of the factors taken into account: sentence of five years’ imprisonment not shockingly inappropriate: sentence confirmed.