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3 September 2010
Case Law
 
 
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19 Aug 2010
 
 
 
 
Oshry NO and Another v Feldman (401/09) [2010] ZASCA 95
SUPREME COURT OF APPEAL
Claim by surviving spouse in terms of the Maintenance of Surviving Spouses Act 27 of 1990. Primary obligation of support rests on a spouse, and if deceased, on the estate of the latter - provided...
 
 
19 Jul 2010
 
 
 
Calibre Clinical Consultants (Pty) Ltd and Another v National Bargaining Council for the Road Freight Industry and Another (410/09) [2010] ZASCA 94
SUPREME COURT OF APPEAL
Bargaining Council established under Labour Relations Act 66 of 1995 – decisions relating to procurement of services – whether subject to judicial review under the Promotion of Administrative...
 
 
 
 
Combined Business Solutions CC v Courier & Freight Group (Pty) Ltd (325/09) [2010] ZASCA 93
SUPREME COURT OF APPEAL
Oral agreement – whether established – whether damages sustained in consequence of breach
 
 
02 Jul 2010
 
 
 
Paradyskloof Golf Estate (Pty) Ltd v Municipality of Stellenbosch (547/08) [2010] ZASCA 92
SUPREME COURT OF APPEAL
Sale – of land – suspensive condition in written agreement providing that either party entitled to resile from it if suspensive condition not fulfilled – whether exercise of right to resile...
 
 
01 Jun 2010
 
 
 
Libazi v S (424/09) [2010] ZASCA 91
SUPREME COURT OF APPEAL
Evidence - admissibility of hearsay evidence in terms of s 3(1)(c) of Law of Evidence Amendment Act 45 of 1988: right to challenge evidence - integral to constitutional guarantee of fair trial;...
 
 
31 May 2010
 
 
 
S v Opperman and Another (643/09) [2010] ZASCA 83
SUPREME COURT OF APPEAL
Criminal procedure – sentence – rape and indecent assault – young children – influence on sentence of low intelligence and lack of insight of accused.
 
 
 
 
MEC for Safety and Security (Eastern Cape Province) v Mtokwana (339/09) [2010] ZASCA 88
SUPREME COURT OF APPEAL
Joinder or substitution by way of notice of amendment not served on the intended defendant ─ inappropriate procedure ─ high court overlooking fundamental principle that an intended defendant...
 
 
 
 
S v Isaacs (039/10) [2010] ZASCA 87
SUPREME COURT OF APPEAL
Murder charge ─ State’s case built on circumstantial evidence ─ items on circumstantial evidence to be viewed cumulatively ─ evidence as a whole must prove accused’s guilt beyond...
 
 
 
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