Makhuva-Mathebula Community v
Publish date: 02 December 2019
Issue Number: 4837
Diary: Legalbrief Today
Restitution of Land Rights Act 22 of 1994 – claim for restitution of land rights – review of Regional Land Claims Commissioner’s decision to publish claim as described in claim form – applicant alleging claim depicted in map attached to claim form – no reviewable irregularity established.
Application for leave to appeal against refusal by trial court to reserve questions of law in terms of s 319 of the Criminal Procedure Act 51 of 1977 – factual bases for the reservations not set out, did not appear fully from the judgment and no request was made to trial court for special finding on the facts upon which points of law hinged – questions of fact and not law sought to be reserved – application for leave to appeal dismissed.
Contract – terms agreed in writing – parol evidence rule – appellant having proved the terms of the contract and having satisfied its entitlement to be paid for sinking a borehole.
Attempted murder and unlawful possession of – firearm and ammunition – appeal against conviction and sentence – appellant found in possession of firearm and ammunition – sufficiency of evidence – ballistic testing linked firearm to offence of attempted murder – conviction and related sentences justified – appeal dismissed.
Statute – interpretation of the expression ‘adversely affected’ in s 32(4) of the Sectional Titles Act 95 of 1986.