Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside.

Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Act 105 of 1997 and two counts of attempted murder based on common purpose. No allegations of common purpose in the charge sheet.
Media Summary

Companies Act 71 of 2008 – business rescue – whether, when business rescue converted to liquidation, business rescue practitioner’s claim for remuneration and expenses enjoys a ‘super-preference’ over all creditors, secured or unsecured – whether, when business rescue proceedings converted to liquidation proceedings, date of liquidation is date of commencement of business rescue proceedings or date liquidation application filed – whether business rescue practitioner’s claim for remuneration and expenses must be proved in terms of s 44 of the Insolvency Act 24 of 1936.
Media Summary

Appeal against sentence – misdirections by the court a quo, including failure to take period of incarceration into account pending finalisation of the trial – sentences reduced.

Actio de ferris – defence of provocation – ostrich provoked – owner not liable.
Media Summary

Companies Act 71 of 2008 : when making an order under s 20(9)(a), a court has no power to order a person to act as the liquidator of a company : only the Master may do so : relief sought by appellant having no practical effect : for this reason appeal dismissed.
Media Summary

Contract law – cancellation clause not unfair or unreasonable – doctrine of pacta sunt servanda to be enforced and applied – impermissible to infuse principles of ubuntu and good faith in the circumstances.
Media Summary

Administrative law – Review of decision of director determining administrative penalty payable in terms of s 24G(4) of the National Environmental Management Act 107 of 1998 (NEMA) – Duty to exhaust internal remedies before instituting legal proceedings – s 7(2) of the Promotion of Administrative Justice Act 3 of 2000 - duty absolute except where court grants exemption upon being satisfied that there are ‘exceptional circumstances’ and that it is in the interest of justice that exemption be given - s 43(2) of NEMA affords internal remedy of appeal to MEC against decision of director - submission of procedurally defective internal appeal out of time – failure to seek condonation – failure to take reasonable steps to exhaust available internal remedy – exemption not justified – appeal succeeds.

Appeal against conviction and sentence – doctrine of common purpose improperly applied – conviction set aside – sentence reduced based on misdirections including failure to take into account considerable period spent in detention pending finalisation of trial.

Reconsideration in terms of s 17(2)(f) of the Superior Courts Act 10 of 2013 of a decision of two judges of the court refusing leave to appeal –principles in relation to the application of the doctrine of common purpose to be considered – reasonable prospect that another court may overturn the murder convictions.