December 2018

Dear South African Law Reports and Criminal Law Reports subscriber

Herewith the cases in the December 2018 law reports.

•    Click on the case name to download the original judgment.

JUDGMENTS OF INTEREST IN THE DECEMBER 2018 EDITIONS OF THE SALR AND SACR LAW REPORTS. SEE ALSO, FURTHER BELOW, THE TABLE OF CASES FOR THE BOTSWANA LAW REPORTS 2015.

SOUTH AFRICAN LAW REPORTS

Whether singing song is racist act

In 2013, in the course of a strike, certain striking workers sang a song called ‘Hit the boer’. The workers’ firm later instituted disciplinary proceedings, and charged, inter alia, that singing the song was racially offensive conduct. They were found guilty of the charge, and dismissed therefor. Ultimately, the matter came to the Constitutional Court, and it considers, inter alia, whether singing the song is racism. Duncanmec (Pty) Ltd v Gaylard NO and Others 2018 (6) SA 335 (CC)

Marijuana: private possession, use and cultivation

Prince concerns the constitutionality of statutory provisions criminalising private cultivation, use or possession of marijuana. The Constitutional Court confirms, in part, the High Court’s declaration of invalidity, and states the position for the period after its order, pending Parliament’s intervention. Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)

Is there a duty to investigate an alleged irregularity in the exercise of a public power?

In the early 2000s the Registrar of Pension Funds cancelled the registrations of many retirement funds. It was alleged that some of the cancellations were irregular, and this concern eventually resulted in the applicant, acting in the public interest, seeking a court order that they be investigated. The matter came eventually to the Constitutional Court, and it here considers, inter alia, whether a public functionary has a general duty to investigate an alleged irregularity in the exercise of a public power. Hunter v Financial Sector Conduct Authority and Others 2018 (6) SA 348 (CC)

SOUTH AFRICAN CRIMINAL LAW REPORTS

Is long-term imprisonment the answer for serial substance abusers?

Repeat offenders were found in possession of minimal amounts of proscribed substances. The court noted that long-term imprisonment was not generally the answer to substance abuse as a lifestyle choice and that the mechanisms provided for by Prevention and Treatment for Substance Abuse Act 70 of 2008 and Probation Services Act 116 of 1991 ought to be employed. S v Frederick and Another 2018 (2) SACR 686 (WCC)

Head of state immunity and the spouse of a head of state

In 2017, while in South Africa with her husband, then President Robert Mugabe of Zimbabwe, Dr Grace Mugabe allegedly assaulted a third person. Does customary international law include a rule that a head of state’s spouse is immune from the criminal jurisdiction of another state? Democratic Alliance v Minister of International Relations and Co-Operation and Others 2018 (2) SACR 654 (GP)

Child victims of crime and anonymity

The Supreme Court of Appeal found that the provisions of s 154(3) of Criminal Procedure Act 51 of 1977 were irrational and unconstitutional for not protecting the anonymity of child victims of crime. Whether this should extend into adulthood was a matter for the legislature. Centre for Child Law and Others v Media 24 Ltd and Others 2018 (2) SACR 696 (SCA)

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• Duncanmec (Pty) Ltd v Gaylard NO and Others 2018 (6) SA 335 (CC)
• Hunter v Financial Sector Conduct Authority and Others 2018 (6) SA 348 (CC)
• Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)
• Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Corporation and Others 2018 (6) SA 440 (SCA)
• Minister of Defence and Another v Xulu 2018 (6) SA 460 (SCA)
• Road Accident Fund v Masindi 2018 (6) SA 481 (SCA)
• Absa Bank Ltd v Mokebe and Related Cases 2018 (6) SA 492 (GJ)
• Booysen v Stander 2018 (6) SA 528 (WCC)
• Charewa v Road Accident Fund 2018 (6) SA 551 (GJ)
• Metropolitan Evangelical Services NPC and Another v Goge 2018 (6) SA 564 (GJ)
• Reezen Ltd v Excellerate Holdings Ltd and Others 2018 (6) SA 571 (GJ)
• Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others 2018 (6) SA 584 (GP)
• Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2018 (6) SA 598 (WCC)

DUNCANMEC (PTY) LTD v GAYLARD NO AND OTHERS (CC)

ZONDO DCJ, CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON J
2018 SEPTEMBER 13
[2018] ZACC 29

Labour law - Dismissal—Racially offensive conduct—Singing ‘Hit the boers’ struggle song during strike—While racially offensive and inappropriate, not amounting to hate speech or incitement to violence—‘Boer’ not inherently racist—CCMA award of reinstatement not unreasonable in circumstances.

Labour law - Dismissal—Racism—While courts to deal firmly with racism in workplace, no principle that dismissal should follow automatically in case of racism.

HUNTER v FINANCIAL SECTOR CONDUCT AUTHORITY AND OTHERS (CC)

MOGOENG CJ, CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON J
2018 SEPTEMBER 20
[2018] ZACC 31

Financial institution - Financial Services Board—Whether constitutional duty to investigate alleged irregularities in cancelling of registration of retirement funds.

MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND OTHERS v PRINCE AND OTHERS (CC)

ZONDO ACJ, CAMERON J, FRONEMAN J, JAFTA J, KATHREE-SETILOANE AJ, KOLLAPEN AJ, MADLANGA J, MHLANTLA J, THERON J and ZONDI AJ
2018 SEPTEMBER 18
[2018] ZACC 30

Criminal law - Drug offences—Dagga—Possession or cultivation for personal consumption by adult in private—Statutory prohibition of such conduct constituting unjustified limitation of right to privacy—Impugned provisions declared unconstitutional and invalid to the extent it criminalising use or possession in private or cultivation in private place of cannabis by adult for own personal consumption in private—Constitution, ss 14 and 36(1); Drugs and Drug Trafficking Act 140 of 1992, ss 4(b) and 5(b) read with part III of sch 2 and in s 1 sv ‘deal in’; Medicines and Related Substances Control Act 101 of 1965, s 22A(9)(a)(i) read with sch 7.

CIPLA AGRIMED (PTY) LTD v MERCK SHARP DOHME CORPORATION AND OTHERS (SCA)

PONNAN JA, CACHALIA JA, MATHOPO JA, GORVEN AJA and ROGERS AJA
2017 SEPTEMBER 29
[2017] ZASCA 134

Appeal - Appealability—Generally—Restatement of test for appealability of judgment or order.

Appeal - Appealability—Interim interdict—Interim interdict granted prohibiting infringement of patent—Claim that patent would have expired prior to determination of final interdict—Whether interdict final in effect, and therefore appealable—Discussion of test set out in BHT Water Treatment (Pty) Ltd v Leslie and Another 1993 (1) SA 47 (W) for whether application for interim interdict should be treated as final—Court concluding that interim interdict not final in effect and therefore not appealable.

MINISTER OF DEFENCE AND ANOTHER v XULU (SCA)

LEWIS JA, WALLIS JA, SALDULKER JA, MOCUMIE JA and PILLAY AJA
2018 MAY 24
[2018] ZASCA 65

Administrative law - Administrative action—What constitutes—Decision of SANDF to not renew fixed term contract of soldier—Exercise of statutory, as opposed to contractual, power in terms of s 59(1)(b) of Defence Act—Refusal constituting administrative action in terms of PAJA—Defence Act 42 of 2002, s 59(1)(b).

Review - Grounds—Legality—Approach when dealing with conduct of executive and administrative arms of government—Starting point was whether conduct constituted administrative action—If so, matter had to be dealt with under PAJA—Only when PAJA not applying, could litigants and court look to legality and other permissible grounds of review lying outside PAJA.

ROAD ACCIDENT FUND v MASINDI (SCA)

SHONGWE ADP, MAJIEDT JA, SWAIN JA, MOCUMIE JA and ROGERS AJA
2018 JUNE 1
[2018] ZASCA 94

Motor vehicle accident - Compensation—Claim against Road Accident Fund—Prescription—Five-year prescription period in terms of s 23(3) of RAF Act—Calculation of where last day of five-year period falling on public holiday—Whether appropriate to invoke provisions of s 4 of Interpretation Act 33 of 1957, and reg 1 of Road Accident Fund Regulations, 2008, in interpretation exercise—Road Accident Fund Act 56 of 1996, s 23(3) and reg 1 sv ‘day’; Interpretation Act 33 of 1957, s 4.

ABSA BANK LTD v MOKEBE AND RELATED CASES (GJ)

TSOKA J, PRETORIUS J and WEPENER J
2018 SEPTEMBER 12

Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Permissible until credit provider realises proceeds of sale in execution—Mere attachment of goods or property no bar to reinstatement—Power to reinstate resting with consumer, not credit provider—National Credit Act 34 of 2005, s 129(3) and s 129(4).

Mortgage - Foreclosure—Judicial execution—Primary residence—Money judgment and execution claims inextricably linked—Must be sought and adjudicated together in one proceeding—If postponement required, then matter to be postponed in its entirety.

Mortgage - Foreclosure—Judicial execution—Sale in execution—Residential property—Reserve price—Court must, except in exceptional circumstances, set reserve price—Both sides to place all relevant facts before court—Uniform Rules of Court, rule 46A(8)(e).

BOOYSEN v STANDER (WCC)

ANDREWS AJ
2018 JUNE 13

Partnership - Universal partnership—Between unmarried cohabitants—Requirements—Restatement of principles—On facts, court finding that cohabiting life partners had entered into a universal partnership.

Partnership - Dissolution—Claim for termination of joint ownership of immovable property—Actio communi dividundo—Restatement of principles—Appropriateness of claim where universal partnership established.

Ownership - Joint ownership—Termination—Actio communi dividundo—Restatement of principles

CHAREWA v ROAD ACCIDENT FUND (GJ)

SUTHERLAND J
2018 JULY 11

Delict - Elements—Negligence—What constitutes—Motor vehicle accident—Duties of motorist when overtaking a cyclist, especially regarding margin of space.

Delict - Elements—Negligence—What constitutes—Motor vehicle accident—Truck, when passing cyclist, driving so close to him and at such speed that resulting ‘wind-rush’ causing cyclist to initially wobble and subsequent vortex left behind causing him to fall, resulting in injuries—Driver of truck negligent in driving in such manner—Court setting out duties of motorist when passing cyclist, especially regarding adequate margin of space.

METROPOLITAN EVANGELICAL SERVICES NPC AND ANOTHER v GOGE (GJ)

COPPIN J, FRANCIS J and MASHILE J
2018 SEPTEMBER 5

Housing - Right to housing—Prohibition against eviction from home without court order—Occupant barred from returning to room in emergency shelter—Regarded room as home—Left for three months after being injured in fight with other residents—Possessions left behind and key retained—Room not interfered with in his absence—Right not to be evicted without court order violated—No indication that occupant posed threat to anyone—Order restoring possession confirmed on appeal—Constitution, s 26(3).

REEZEN LTD v EXCELLERATE HOLDINGS LTD AND OTHERS (GJ)

MEYER J
2018 JUNE 22

Company - Shares and shareholders—Shareholders—Approval for issuing of shares—Provision requiring shareholder consent where voting power of issued shares will exceed 30% of shares currently in class—Transaction in violation of provision void even where board was bona fide and shares sold and issued for adequate consideration—Companies Act 71 of 2008, s 41(3).

THUBAKGALE AND OTHERS v EKURHULENI METROPOLITAN MUNICIPALITY AND OTHERS (GP)

TEFFO J
2017 DECEMBER 15

Housing - Right to housing—Breach by state—Remedy—Fraud and mismanagement by municipality resulting in misallocation of subsidised housing—Residents of informal settlement not receiving stands developed with their government-approved housing subsidies—Occupied by other people—Residents’ right to housing infringed by conduct of municipality—Municipality directed to provide them with appropriate housing within one year—Constitution, s 26(1).

WOMEN’S LEGAL CENTRE TRUST v PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS (WCC)

BOQWANA J, DESAI J and HLOPE-SALIE J
2018 AUGUST 31

Constitutional law - Human Rights—State’s duty to protect, promote and fulfil—Non-recognition of Muslim marriages—Infringing rights to equality, dignity, right of access to court and children’s rights—Failure to enact legislation recognising and regulating Muslim marriages declared constitutionally invalid—President, Cabinet and Parliament directed to enact such legislation with 24 months, failing which interim position would apply thereafter—Constitution, s 7(2).

• Booysen v Minister of Safety and Security 2018 (2) SACR 607 (CC)
• S v Kruse 2018 (2) SACR 644 (WCC)
• Democratic Alliance v Minister of International Relations and Co-Operation and Others 2018 (2) SACR 654 (GP)
• S v Gumbi and Others 2018 (2) SACR 676 (SCA)
• S v Frederick and Another 2018 (2) SACR 686 (WCC)
• S v Mbuyisa 2018 (2) SACR 691 (GJ)
• Centre for Child Law and Others v Media 24 Ltd and Others 2018 (2) SACR 696 (SCA)

BOOYSEN v MINISTER OF SAFETY AND SECURITY (CC)

ZONDO DCJ, CAMERON J, FRONEMAN J, JAFTA J, KATHREE-SETILOANE AJ, KOLLAPEN AJ, MADLANGA J, MHLANTLA J, THERON J and ZONDI AJ
2018 JUNE 27
[2018] ZACC 18

Police - Liability of—Minister’s liability for policeman shooting romantic partner—Policeman on duty, in uniform, dining with partner at her home, thereafter shooting her with service pistol.

S v KRUSE (WCC)

NDITA J and DAVIS AJ
2018 MAY 4; AUGUST 27

Trial - Accused—Language—Accused deaf and mute—Interpretation of proceedings taking place by means of written communication—Accused hampered by such procedure and amounting to violation of fair-trial right.

DEMOCRATIC ALLIANCE v MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION AND OTHERS (GP)

VALLY J
2018 JULY 30 

International criminal law - Diplomatic immunity—Customary international law—Whether including rule that head of state’s spouse immune from criminal jurisdiction.

S v GUMBI AND OTHERS (SCA)

PONNAN JA, WALLIS JA, MOCUMIE JA, MOLEMELA JA and MOTHLE AJA
2018 AUGUST 31; SEPTEMBER 26
[2018] ZASCA 125

Evidence - Evidence given at former criminal trial—Admissibility of—Trial judge becoming incapacitated during trial and unable to pronounce verdict—Trial resuming before new judge who proceeded, by consent of parties, on record of previous proceedings—Inquiry postulated by s 214 of Criminal Procedure Act 51 of 1977 not conducted—Accordingly no evidence before new judge and conviction and sentence set aside on appeal.

S v FREDERICK AND ANOTHER (WCC)

DOLAMO J and THULARE AJ
2018 JULY 11

Drugs - Sentence—Generally—Substance abuse—Repeat offenders—Long-term imprisonment not answer to crimes against oneself or substance abuse—Mechanisms provided for by Prevention and Treatment for Substance Abuse Act 70 of 2008 and Probation Services Act 116 of 1991 to be employed.

S v MBUYISA (GJ)

CARELSE J and SUTHERLAND J
2018 MAY 21

Trial - Irregularity in—What constitutes—Accused represented by person already struck off roll of advocates—Licensing of legal practitioners not mere formality and serious irregularity having occurred—Proceedings set aside in their entirety.

CENTRE FOR CHILD LAW AND OTHERS v MEDIA 24 LTD AND OTHERS (SCA)

MAYA P, WILLIS JA, SWAIN JA, VAN DER MERWE JA and MOCUMIE JA
2018 SEPTEMBER 7, 28
[2018] ZASCA 140

Child - As victim of crime—Protection of anonymity—Proper interpretation of s 154(3) of Criminal Procedure Act 51 of 1977—Exception to openjustice rule and had to be interpreted in favour of individual liberty—Section not conferring protection on child victims of crime.

Child - As victim of crime—Protection of anonymity—Exclusion of child victim from provisions of s 154(3) of Criminal Procedure Act 51 of 1977 irrational and in breach of s 9(1) of Constitution.

Child - As victim of crime—Protection of anonymity—Extension of protection after child reaching age of 18 for Parliament to consider.

• Adelman and Another v Chadehumbe [2015] BLR 109 (HC)
• African Banking Corporation of Botswana Limited v Kennedy Schasher Holdings (Pty) Ltd and Others [2015] BLR 598 (HC)
• Bamangwato Coach Tours (Pty) Ltd and Another v Dikgang Publishing Company (Pty) Ltd and Others [2015] BLR 682 (CA)
• Bampusi and Others v Temane [2015] BLR 331 (HC)
• Basonoko v Gontse [2015] BLR 217 (HC)
• Belevue Holdings (Pty) Ltd v Turnstar Holdings (Pty) Ltd [2015] BLR 634 (HC)
• Botswana Accountancy College v Oil Refineries Botswana (Pty) Ltd t/a Belshane Property Group and Another [2015] BLR 224 (CA)
• Botswana Democratic Party and Another v Secretary, Independent Electoral Commission and Another [2015] BLR 1 (CA)
• Botswana Nurses Union v Attorney-General and Others [2015] BLR 303 (HC)
• Botswana Public Employees Union and Others v Attorney-General [2015] BLR 278 (HC)
• Chamwakaona v Directorate Public Prosecutions [2015] BLR 338 (HC)
• Chibanda Makgalemele & Co v Kowa [2015] BLR 748 (HC)
• Chibiya v The State [2015] BLR 89 (CA)
• Chimzana Garden Nursery v Attorney-General In Re: Chimzana Garden Nursery v Attorney-General [2015] BLR 760 (HC)
• Chirunga v The State [2015] BLR 507 (HC)
• Citizen Entrepreneurial Development Agency v Cepacon Investments (Pty) Ltd [2015] BLR 299 (HC)
• Corporate Business Solutions (Pty) Limited v Public Procurement and Asset Disposal Board and Another [2015] BLR 603 (HC)
• De Klerk v Ferreira and Others [2015] BLR 391 (HC)
• Debswana Diamond Company (Pty) Ltd v Gaetsaloe [2015] BLR 52 (CA)
• Debswana Diamond Company (Pty) Ltd v Mwenge [2015] BLR 93 (CA)
• Dingake and Others v President of the Republic of Botswana and Others [2015] BLR 609 (HC)
• Ditsebe v Kweneng Land Board [2015] BLR 221 (HC)
• Ditshupo v Dikgang Publishing (Pty) Ltd t/a Mmegi & The Monitor and Others [2015] BLR 118 (HC)
• Estate Late Mpuang and Others v Mmeke and Others; In Re: Didimalang and Others v Mpuang and Another [2015] BLR 189 (HC)
• First Edition (Pty) Ltd t/a Mseco Security v Central District Council [2015] BLR 164 (HC)
• Fourth Offshore (Pty) Ltd v Tafa [2015] BLR 379 (HC)
• Galeforolwe v Golden Fruit (Pty) Ltd; In Re: Galeforolwe v Golden Fruit (Pty) Ltd [2015] BLR 131 (HC)
• Gobusamang and Another v Botswana Police Service and Another [2015] BLR 387 (HC)
• Gwafa v Attorney-General and Another [2015] BLR 679 (HC)
• Hitecon (Pty) Ltd v Amazing Pools & Building Contractors (Pty) Ltd [2015] BLR 745 (CA)
• Huatswana (Pty) Ltd v Bankwa Panel Beaters & Spray Painters (Pty) Ltd and Others [2015] BLR 16 (CA)
• ICT Dynamix (Pty) Ltd v Makache and Others [2015] BLR 660 (HC)
• Invitation Enterprises (Pty) Ltd and Another v Bank Gaborone [2015] BLR 452 (CA)
• Isabirye and Another v Attorney-General and Others [2015] BLR 717 (HC)
• Italtswana Construction Company (Pty) Ltd v First National Bank of Botswana Ltd and Another [2015] BLR 670 (HC)
• Jet Air Plant Hire (Pty) Ltd v Zoe Electrical Installation (Pty) Ltd [2015] BLR 213 (HC)
• Joina v Barclays Bank of Botswana and Others [2015] BLR 777 (HC)
• July v Mey [2015] BLR 21 (CA)
• Karakubis and Others v Ghanzi District Council [2015] BLR 730 (HC)
• Kebonang v The State [2015] BLR 429 (CA)
• Kgakatsi v 24 Seven Projects (Pty) Ltd and Another [2015] BLR 529 (HC)
• Kgosietsile v Director of Public Prosecutions [2015] BLR 319 (HC)
• Kobedi v The State [2015] BLR 462 (CA)
• Kolare v Monthe [2015] BLR 403 (HC)
• Koontse v Ramahobo [2015] BLR 488 (CA)
• Lekorwe v Attorney-General [2015] BLR 446 (CA)
• Lephojane (Nee Phokoje) v Lephojane [2015] BLR 637 (HC)
• Lesaka Employees Benefits (Pty) Ltd v Red Employees Benefits (Pty) Ltd and Others [2015] BLR 540 (HC)
• Manzunzu v Law Society of Botswana [2015] BLR 536 (HC)
• Maree and Another v Westwood International School [2015] BLR 653 (CA)
• Marokosi and Others v Eurostar Botswana [2015] BLR 558 (IC)
• Master King (Pty) Ltd v Garmroundi Investments (Pty) Ltd and Another [2015] BLR 497 (HC)
• Matsheng v Hule [2015] BLR 134 (HC)
• Mbenga v Judex Venture Security [2015] BLR 571 (IC)
• Mbulawa v Attorney-General and Another [2015] BLR 77 (HC)
• Mbunye v The State [2015] BLR 493 (CA)
• Meriting General Dealer v Ntshiwa [2015] BLR 69 (CA)
• Mochudi Wholesalers (Pty) Limited v Attorney-General and Others [2015] BLR 113 (HC)
• Moeng v Ellerines Furnishers Botswana (Pty) Ltd [2015] BLR 260 (CA)
• Mokgatlhane v The State [2015] BLR 688 (HC)
• Molaodi v The State [2015] BLR 246 (HC)
• More Property Valuers (Pty) Ltd v Masetlhe and Another [2015] BLR 583 (HC)
• Mothusi and Another v The State [2015] BLR 439 (CA)
• Mount Burgess Botswana (Pty) Ltd v Attorney-General [2015] BLR 471 (CA)
• Mswela v Botswana Building Society [2015] BLR 294 (HC)
• Mwale v The State [2015] BLR 253 (CA)
• Mzwinila v The State [2015] BLR 26 (CA)
• Ndlovu v The State [2015] BLR 81 (CA)
• Ngongorego v Security Services (Pty) Ltd and Another [2015] BLR 552 (HC)
• Nkgogelang v The State [2015] BLR 237 (CA)
• Norris v Attorney-General [2015] BLR 290 (HC)
• Ntau v Your Friend (Pty) Ltd t/a Gabz FM [2015] BLR 442 (CA)
• Osupile v Osupile and Another [2015] BLR 155 (HC)
• Pemole v Nkgowa [2015] BLR 766 (HC)
• Phometsi v The Grand Palm Hotel [2015] BLR 210 (IC)
• Phumaphi v The Francistowner (Pty) Ltd t/a The Voice Newspaper and Others [2015] BLR 629 (HC)
• Planlife Trustee Services Limited and Another v Mutual Federal Insurance Company of Botswana Limited [2015] BLR 62 (CA)
• Premier Properties (Pty) Ltd v Mogobe Incorporated (Pty) Ltd [2015] BLR 481 (CA)
• Prinsan Group (Pty) Ltd v Attorney-General and Others [2015] BLR 434 (CA)
• Puskas v Puskas [2015] BLR 645 (HC)
• Rabososwane and Others v Squeaky Clean Car Wash [2015] BLR 696 (IC)
• Raditsebe v Ramarukuru [2015] BLR 317 (HC)
• Ramosweu v Universal Builders Botswana and Another [2015] BLR 229 (CA)
• Rathari and Others v Kwena Rocla (Pty) Ltd [2015] BLR 310 (IC)
• Reetsang v The State [2015] BLR 47 (CA)
• Ronbee Secure Group (Pty) Ltd v Tawana Land Board [2015] BLR 85 (CA)
• Sebele v The State [2015] BLR 101 (CA)
• Sebobi v The State [2015] BLR 564 (HC)
• Sechele v The State [2015] BLR 692 (CA)
• Sedirwa v Peloewetse [2015] BLR 234 (CA)
• Segatlhe and Another v Evangelical Lutheran Church and Another [2015] BLR 521 (HC)
• Sejie and Another v Permanent Secretary, Ministry of Agriculture and Another [2015] BLR 576 (IC)
• Seleka v Bibian Ventures (Pty) Ltd [2015] BLR 412 (CA)
• Sello v Ramabats Security [2015] BLR 569 (IC)
• Semente v The State [2015] BLR 184 (HC)
• Seokamo v Women's Finance House Botswana [2015] BLR 701 (IC)
• Shanama Enterprises (Pty) Ltd v Mzuba Investments (Pty) Ltd and Others [2015] BLR 399 (HC)
• Shonhiwa v Attorney-General [2015] BLR 147 (HC)
• Simon v The State [2015] BLR 30 (CA)
• Sitang v Attorney-General [2015] BLR 381 (HC)
• Southern District Council v Kelesitse [2015] BLR 38 (CA)
• Stamper v Ranka [2015] BLR 770 (HC)
• State v Goitsemang [2015] BLR 200 (HC)
• State v Molefe [2015] BLR 360 (HC)
• State v Mopipi [2015] BLR 755 (HC)
• State v Sebina and Others [2015] BLR 345 (HC)
• State v Sedimonyane [2015] BLR 710 (HC)
• Tankomane v Attorney-General [2015] BLR 364 (HC)
• Thakadu v The State [2015] BLR 326 (HC)
• Thoni v Ekono Enterprises (Pty) Ltd [2015] BLR 590 (IC)
• Tomgold Holdings (Pty) Ltd v Safari Distributors (Pty) Ltd And Others [2015] BLR 171 (HC)
• Van Niekerk v Komboni NO and Others [2015] BLR 285 (HC)
• Wilderness Air Botswana (Pty) Ltd v Lumsden [2015] BLR 262 (CA)
• Wutuka Takwenda Adventure Safaris (Pty) Ltd v Tawana Land Board and Another [2015] BLR 511 (HC)
• Yamagin Corporation v Ameen and Another [2015] BLR 622 (HC)

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