Court Code
NAHCMD

Civil procedure – final interdict which is mandatory in nature – requirements – doctrine of separation of powers – propriety of the court granting relief sought when the Minister of Home Affairs and Immigration has not been presented with an application and has not made a decision on the application in question – Costs – the Biowatch principle applied.

Criminal Procedure – Sentence – Murder - Assault with intent to do grievous bodily harm; common assault, read with the Combating of Domestic Violence Act 4 of 2003 – Escape from lawful custody – Objectives of sentencing – Personal circumstances – First offender – Proclaimed remorse by tendering a guilty plea – Accused testified in mitigation – Remorse by tendering a guilty plea found not genuine – Alleged drunkenness as a mitigating factor for purposes of sentencing – Interests of society – Crimes committed within a domestic setting call for deterrent sentences – Principle of individualisation when punishment is meted out – Accused murdered his 10 month old son – Taking a life of an innoc

Administrative Law – Review - Legislation – Correctional Services Act, Act, No.

Written acknowledgements of debt – Preceded by written agreement between parties – Subsequent acknowledgements of debt constitute a new obligation – Plaintiff’s claim succeeds on that basis.

Delict – Damages – Quantum – Unlawful assault – Awards in other comparable cases helpful – Court must however take factual differences and circumstances into account – Seriousness of assault an important factor to take into account.

Civil Procedure ‒ Interlocutory application ‒ Application for condonation ‒ Non-compliance with court orders ‒ Unacceptable explanation for non-compliance ‒ Application for condonation dismissed with costs.

Review Applications - Answering affidavit of a judicial officer deposed to by the investigating officer in the matter under review – impartiality of a judicial officer - Justice must not only be done, but seen to be done – Article 12(8) – Right to a Fair Trial – Search and Seizure - Criminal Procedure Act, 51 of 1977 - Section 21(2) - section 22(2) – Requirements for a valid search warrant restated - Article 13 – Right to Privacy - Banking Institutions Act 2 of 1998 - Section 5, 55A and section 93 - Prevention of Organized Crime Act 29 of 2004 - Section 83.