Annual Survey of South African Law - Volume 2009, Issue 1, 2009
Volume 2009, Issue 1, 2009
Source: Annual Survey of South African Law 2009, pp 783 –841 (2009)More Less
Requirement for delictual liability
Res ipsa loquitur
Professional negligence of bank with regard to offshore investment
Factual and legal causation
Forms of aquilian liability
Author Pamela-Jane SchwikkardSource: Annual Survey of South African Law 2009, pp 842 –859 (2009)More Less
In S v Nzama 2009 (2) SACR 326 (KZP), it was common cause that a conviction could not be sustained in the absence of the accused's confessions. The court, in determining whether the State had discharged its burden of proving that the relevant confessions were made freely and voluntarily, in sound and sober senses, and without undue influence (see s 217 of the Criminal Procedure Act 51 of 1977), split over the weight to be accorded to irregularities in the recording of the two confessions.
Author Philip StoopSource: Annual Survey of South African Law 2009, pp 860 –875 (2009)More Less
The Consumer Protection Act 68 of 2008 was assented to on 29 April 2009 (GN 467 GG 32186 of 29 April 2009). The first part of the Act came into force on 24 April 2010; the remainder will come into force on 31 March 2011 (GenN 917 GG 33581 of 23 September 2010). The Act provides a framework for consumer protection and promotes an environment in which the rights of consumers are developed, strengthened, and protected.
Source: Annual Survey of South African Law 2009, pp 876 –882 (2009)More Less
In McCarthy Ltd v Absa Bank Ltd  ZASCA 118, the contract between a bank and its customer came under the spotlight. The court had to consider whether this contract includes either a tacit or an implied term that the bank must collect and pay cheques without negligence. The facts were that a former employee of McCarthy, one Cordier, created fictitious debts in the company's accounts and caused cheques to be drawn in payment of these debts. The named payee of each cheque was a combination, in one way or another, of the name 'Fourie' or 'L Fourie' and the name 'Leathertech' or 'Leatherteck CC'.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2009, pp 883 –896 (2009)More Less
The Child Justice Act 75 of 2008 was published in GG 32225 of 11 May 2009. The Act is discussed in the chapter on Criminal Law. For purposes of the Law of Persons it should be noted that the Act raises the minimum age of criminal accountability from seven to ten years (s 7(1) and (3)). A child between ten and fourteen years of age is presumed to be criminally unaccountable (s 7(2) and (3)). Such a child has criminal capacity only if the state proves beyond reasonable doubt that when the alleged crime was committed, the child had the capacity to understand the difference between right and wrong and to act in accordance with that understanding (s 11(1)).
Author D.J. LotzSource: Annual Survey of South African Law 2009, pp 971 –1037 (2009)More Less
In Withok Small Farms (Pty) Ltd & others v Amber Sunrise Properties 5 (Pty) Ltd 2009 (2) SA 504 (SCA) the appellants sold immovable property to the respondent at a public auction. The conditions of sale specified that the appellants (sellers) had seven days to confirm the sale, which they did by signing the agreement at the designated space.
Author M.J. De WaalSource: Annual Survey of South African Law 2009, pp 1038 –1073 (2009)More Less
The Reform of Customary Law of Succession and Regulation of Related Matters Bill (B-2008) was discussed in the 2008 Annual Survey 1089-90. As explained there, the main object of the Bill was to bring the customary law of succession in line with the decision of the Constitutional Court in Bhe & others v Magistrate, Khayelitsha & others 2005 (1) SA 580 (CC) (see further below under case law).
Source: Annual Survey of South African Law 2009, pp 1074 –1104 (2009)More Less
Three factors affected mining law during 2009. Firstly, the South African mining industry was dominated in 2009 by the global economic downturn. Among the many interventions in response to the downturn was the deferring of the implementation of the State royalty regime. Secondly, the legislature had a short season due to the April 2009 national general elections, so that there were no changes to mining legislation. Thirdly, the Mineral and Petroleum Resources Development Amendment Act 49 of 2008 and the related provisions in the National Environmental Management Amendment Act 62 of 2008, did not come into effect during 2009.
Miscellaneous contracts (Agency, carriage, deposit, donation, loan, partnership, service, and suretyship)Source: Annual Survey of South African Law 2009, pp 1105 –1121 (2009)More Less
The question as to whether a principal can be held liable for the acts of an agent may seem strange in view of the well-established general rule that a principal is not liable for the wrongs committed by an independent contractor or its employees. In Chartaprops 16 (Pty) Ltd & another v Silberman 2009 (1) SA 265 (SCA), the Supreme Court of Appeal had to intervene to stop the tendency of courts extending principals' liability for the acts of independent contractors. The tendency is based on the application of the principle of non-delegable duty. Consequently, the issue on appeal in this case was whether a principal may be held liable for an agent's acts on the basis of this principle.
Source: Annual Survey of South African Law 2009, pp 1122 –1136 (2009)More Less
The rules of a pension fund are binding on the fund itself, its board, its members, and the employer who participates in the fund. Anything done outside the rules is ultra vires and null and void (s 13 of the Pension Funds Act 24 of 1956; see also Abrahamse v Connock Pension Fund 1963 (2) SA 76 (W) at 79; Chairman of the Board of the Sanlam Pensioenfonds (Kantoorpersoneel) v Registrar of Pension Funds 2007 (3) SA 41 (T)). Pension fund trustees may act only within the powers conferred upon them by the fund rules (see, generally, Tek Corporation Provident Fund & others v Lorentz 2000 (3) BPLR 227 (SCA)).
Author Neville BothaSource: Annual Survey of South African Law 2009, pp 1137 –1157 (2009)More Less
This year the lion's share fell to relations between South Africa and the Republic of Angola with six bilateral treaties concluded covering diplomatic consultations, co-operation in sport and human settlement, industrial co-operation, and trade co-operation, signed on 20 August 2009.
Author S.S. TerblancheSource: Annual Survey of South African Law 2009, pp 1158 –1192 (2009)More Less
For some time now section 271A of the Criminal Procedure Act 51 of 1977 provides that certain previous convictions 'fall away' ten years after the date of conviction. Generally speaking these convictions are limited to less serious crimes (cf Du Toit et al Commentary on the Criminal Procedure Act (Service 35, 2006) 27-3; Terblanche A guide to sentencing in South Africa (2007) 84-85). Further provisions affecting the accused's record ofprevious convictions have been introduced through the Criminal Procedure Amendment Act 65 of 2008, which came into operation on 6 May 2009. Sections 271B to 271E provide in detail for the expungement of certain previous criminal records.
Author Peter SurteesSource: Annual Survey of South African Law 2009, pp 1193 –1237 (2009)More Less
This is a summary of some of the income tax amendments introduced by the Taxation Laws Amendment Act 17 of 2009, promulgated on 30 September 2009 (GG 32610) and the Taxation Laws Second Amendment Act 18 of 2009, promulgated on 30 September 2009 (GG 32611). Because fewer sittings of the National Assembly took place in 2009 on account of the national election held during the year, no Revenue Laws Amendment Acts were promulgated. The summary does not purport to deal with all the amendments in detail.