Application for rescission – whether applicant an affected party as contemplated in Rule 42(1)(a) of the Uniform Rules of Court – whether rescission appealable.
Criminal law and procedure: Criminal Procedure Act 51 of 1977, s 319: application for leave to appeal by State on question of law: acquittal of accused: trial court finding that State failed to prove guilt of accused beyond reasonable doubt: such finding a result of the trial court applying a wrong test in evaluating evidence: such error constituting a question of law.
Criminal law and procedure – murder – appeal against sentence arising from conviction of murder dolus eventualis – sentence of six years' imprisonment inappropriate – Increased to 13 years and 5 months' imprisonment on appeal.
Defence Act 42 of 2002 – Section 59(3) – deemed dismissal of member after absence of 30 days – re-instatement of member on good cause shown – board of enquiry making recommendation to Chief of SANDF not to re-instate member – member not given opportunity to participate in proceedings of board of enquiry, contrary to s 102 of Act – decision of Chief of SANDF not to re-instate member correctly set aside by court below on account of procedural unfairness – order of re-instatement of member incorrectly made and set aside.
Condonation and reinstatement of lapsed appeal – explanation for delay in lodging notice of appeal and appeal record inadequate – delay extreme and explanation unacceptable – condonation refused – special plea of autrefois acquit and application to stay prosecution - no prospect of success – conduct of judicial officer - must be seen to be independent and impartial and treat persons with civility and courtesy – referred to Magistrate’s Commission.
Delict – dependant’s action – claim by deceased’s aunt – de facto adoption – deceased owed her duty of support – claimant sufficiently indigent to enforce duty.
Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959.
Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language, context, purpose, background: whether interpretation of agreement commercially sensible: whether the manner in which parties gave effect to the agreement accorded with proper interpretation.
Condonation application – pleadings – exception – National Student Financial Aid Scheme Act 56 of 1999 precluding oral agreement between NSFAS and service provider directly or through agent on behalf of NSFAS – exception correctly upheld by high court – no prospects of success – condonation application dismissed with costs.