Most Recent Judgments

Criminal Procedure – Appeal –  Convictions and sentences - 4 charges of Rape – Single witness – Incomplete record – Made out the crux of the case and what evidence was about – Complainant credible – Corroboration on facts soon after incidents - Appellant’s version rejected on justifiable grounds – Magistrate’s finding of facts cannot be disturbed – No misdirection – Minimum sentences mandatory – Cumulative effect not considered – Ameliorated by

Legislation – Parole – Prisons Act 8 of 1959, Prisons Act 17 of 1998 and Correctional Service Act 9 of 2012 – Court to consider which of the three Acts applies in respect of the applicants’ eligibility for parole consideration – Determinative

Appeal – Conviction – Sentencing – Robbery with aggravating circumstances – Application for condonation – Incomplete record of proceedings – Condonation application dismissed. Criminal procedure – Appeal against sentence – Totality of evidence – Noting of appeal within time limit – Appellant’s version of even

Civil practice- law of contract - oral tacit partnership agreement- misrepresentation - mutually destructive versions - no official certificate/documents where plaintiff is reflected as (part) owner of business - requirements of partnership - no consensus between parties - defendant sole owner -  Plaintiff’s claim dismissed.

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