Suretyship: release of surety due to alleged prejudicial conduct of creditor in not accepting offers that would eliminate or reduce surety’s liability: onus on surety to prove defences: surety failed to discharge onus: appeal dismissed.

Contempt of court: failure to comply with court order: no proof of non-compliance, wilfulness or mala fides: s 16(2)(a)(i) of the Superior Courts Act 10 of 2013: issues on appeal having no practical effect: appeal dismissed with costs.

General damages: appeal against quantum: test: damages awarded not disproportionate: appeal against punitive costs order: order warranted: appeal dismissed.
Media Summary

Criminal Procedure: sentence: effect of convicted accused not testifying when considering whether substantial and compelling circumstances exist justifying a sentence less than a prescribed minimum: failure to hold an inquiry before imposing non-parole period under s 276B of the Criminal Procedure Act 51 of 1977: effect thereof.
Media Summary

Delict: wrongfulness and fault separate elements: regard not to be had to foreseeability of harm in determining wrongfulness: whether reasonably adequate steps taken by landowner to prevent fire spreading to neighbour’s property. Presumption of negligence in s 34 of the National Veld and Forest Fire Act 101 of 1998: effect thereof when facts known.
Media Summary

Delict: claim for damages consisting of pure economic loss: claim against first respondent based on negligent administrative omissions: omissions not wrongful: claim correctly dismissed: claim against second respondent based on fraud: circumstances justified overturning of trial court’s findings of credibility: fraud established on balance of probabilities: second respondent declared liable.
Practice: test for receiving further evidence on appeal: no reasonably sufficient explanation for failure to present evidence in trial court: proposed evidence disputed on substantial grounds and not weighty or material.
Prescription: previous proceedings not a step in the enforcement of payment of the same debt: part of claim for payment of damages arising from continuous wrong prescribed.
Media Summary

Criminal Law and Procedure : Sentence : cumulative effect thereof where appellant convicted of similar multiple offences : circumstances in which an appellate court will interfere : interference warranted.

Settlement agreement – order of court – grounds for rescinding order – lack of authority to conclude settlement agreement – failure to prove lack of authority – ss 75, 112 and 115 of the Companies Act 71 of 2008 – principle of unanimous assent.
Media Summary

Criminal Procedure : appeal against refusal of petition by the court a quo : robbery with aggravating circumstances contemplated in s 51 of the Criminal Law Amendment Act 105 of 1997 : no reasonable prospect of success on appeal : appeal dismissed.

Criminal Law : application for condonation for late filing of the notice of appeal and reinstatement of appeal : no good cause shown for delay: prospects of success not shown : state bound by its acceptance of the statement tendered in terms of s 112(2) of the Criminal Procedure Act 51 of 1977 : application for condonation and reinstatement of appeal dismissed.