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Makhuva-Mathebula Community v

Publish date: 02 December 2019
Issue Number: 4837
Diary: Legalbrief Today
Category: general

Makhuva-Mathebula Community v Regional Land Claims Commissioner, Limpopo & Another (1106/2018) (2019) ZASCA 157 (28 November 2019)

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.


DPP, Western Cape v Schoeman & Another (904/2017) (2019) ZASCA 158 (28 November 2019)

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.


Mike Ness Agencies CC t/a Promech Boreholes v Lourensford Fruit Company (Pty) Ltd (922/2018) (2019) ZASCA 159 (28 November 2019)

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.


Mthembu v The State (525/2019) (2019) ZASCA 160 (28 November 2019)

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.


Body Corporate of Marine Sands v Extra Dimensions 121 (Pty) Ltd (1082/2018) (2019) ZASCA 161 (28 November 2019)

Statute – interpretation of the expression ‘adversely affected’ in s 32(4) of the Sectional Titles Act 95 of 1986.