Court Code
NAHCMD

Constitutional law – Legislation – Combatting of Rape Act 8 of 2000 –

Law of Contract - Suspensive conditions discussed – Must be logically connected to the nature and purpose of the contract - Legality of settlement agreements for want of compliance with statutory requirements - Closeness of the relationship between the settlement agreement and the illegal factor is an important consideration in the determination of the ultimate enforceability of the settlement agreement.      

Review – Decision of a land appeal tribunal established in terms of s 39 of the Communal Land Reform Act,No. 5 of 2002 – Court holding that the appeal tribunal went outside the scope of its powers when it conducted a hearing de novo – Court bases its finding on procedure followed and not on whether judgment of the appeal tribunal was correct.

 

Practice – payment of interest and the difference between compound interest, simple interest and mora interest discussed -legal principles restated.

Delict – Action for damages – Based on bodily injuries, pain and suffering and contumelia – Claim emanating from an alleged assault where the fourth defendant allegedly pushed the plaintiff to the ground and forcefully pushed a cell burglar door on the plaintiff’s leg several times injuring him –