Immovable property : title deed : registered condition entitling developer to have property re-transferred to it in certain circumstances : this a personal not real right, capable of prescribing.
Media Summary
Road Accident Fund Act 56 of 1996 : undertaking to pay future services under s 17(4)(a) of that Act : undertaking may be given in respect of the cost of providing a domestic assistant.
Media Summary
Application for leave to appeal in terms of 17(2)(d) of the Superior Courts Act 10 of 2013 granted – in relation to merits of the appeal – claim for specific performance of a written agreement between independent contractor and the South African Broadcasting Corporation (SABC) – SABC ordered to comply with written agreement – SABC has to conduct itself within constitutional parameters and within its statutory mandate – Broadcasting Act 4 of 1999.
Media Summary
National Prosecuting Authority Act 32 of 1998 – whether discretion in terms of s 41(6) properly exercised by the National Director of Public Prosecutions in refusing to grant permission to publish record of investigation in terms of s 28.
Murder – cause of death – expert medical evidence – scientific and judicial measures of proof – erroneous application of scientific measure by trial court – cause of death inconclusive – application of judicial measure – probable cause of death – natural causes – determination of guilt – evidence of guilty conduct and mendacity – unlawful killing not the only reasonable inference to be drawn.
Media Summary
Criminal Law and Procedure: appeal by NDPP against conviction in terms of the Criminal Procedure Act 51 of 1977 (CPA): the respondent charged with murder read with s 51(2) of the Criminal Law Amendment Act 105 of 1997: found guilty of culpable homicide based on his statement in terms of s 115 of the CPA: reserved question of law: probative value of a statement made in terms of s 115(2)(a) of the CPA.
Condonation: application for condonation for late filing of appeal record not granted. Delay excessive and inexplicable.
Cross appeal: architect’s contract with employer not varied in absence of written consent to delegation of employer’s obligations; interest on amount awarded for fees and disbursements claimed is to be calculated in terms of the Prescribed Rate of Interest Act 55 of 1975; miscalculation of amount payable by trial court corrected.
Media Summary
Delict: Interlocutory interdict: whether appealable: whether final in effect: contention that patent would have run its course prior to finalisation of action for final interdict: restatement of test for appealability: order must be definitive of an issue and not susceptible of alteration by court of first instance: interdict interim in form and effect: not appealable.
Media Summary
Delict: Medical negligence: pleadings: causation: pleaded causation not established: appeal dismissed.
Jurisdiction – voluntary association – self-regulation of advertising industry – no jurisdiction over non-members – costs on appeal – discretion – agreement on substituted order.
Media Summary
