October 2018

Dear South African Law Reports and Criminal Law Reports subscriber

Herewith the cases in the October 2018 law reports.

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

JUDGMENTS OF INTEREST IN THE OCTOBER 2018 EDITIONS OF THE SALR AND SACR LAW REPORTS. SEE ALSO, FURTHER BELOW, THE TABLE OF CASES FOR THE BOTSWANA LAW REPORTS 2016(1).

SOUTH AFRICAN LAW REPORTS

Decision of South African Football Association’s Arbitration Tribunal: whether administrative action

Ndoro v South African Football Association concerns a direction of the National Soccer League (NSL) to the football club Ajax Cape Town, that one of its players, Mr Tendai Ndoro, not be fielded. Ajax and Ndoro take the matter to the Dispute Resolution Chamber of the NSL and it finds Ndoro eligible to play. However, the NSL appeals to the Arbitration Tribunal of the South African Football Association, and it finds the Chamber has no jurisdiction in the matter. Ajax and Ndoro then apply to the High Court to review the Tribunal’s award; and it considers the question whether the Tribunal’s decision is administrative action. Ndoro and Another v South African Football Association and Others 2018 (5) SA 630 (GJ)

Waiver of right to claim maintenance on dissolution of marriage

In ST v CT the court considers the enforceability of a spouse’s waiving of her right to claim maintenance on the dissolution of the marriage, recorded in the couple’s antenuptial contract. Is the clause contrary to public policy? ST v CT 2018 (5) SA 479 (SCA)

Is a ‘Club fee’ a cost of credit?

This case concerns a retailer’s offering of a ‘Club’ membership to its credit customers. The membership gives access to various services and benefits. Is the Club membership fee a cost of credit in s 101 of the National Credit Act 34 of 2005? Edcon Holdings Ltd v National Consumer Tribunal and Another 2018 (5) SA 609 (GP)

SOUTH AFRICAN CRIMINAL LAW REPORTS

Charge of contravening statute; defence of customary law right to perform act

When the State charge Mr Gongqose with contravening the Marine Living Resources Act 18 of 1998 by attempting to fish in a marine protected area, Mr Gongqose raises as his defence, a customary law right of access to marine resources in the area concerned. The appeal court is posed the questions, inter alia: has the Act extinguished the right; and is Mr Gongqose’s act, performed under the right, lawful? Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others 2018 (2) SACR 367 (SCA)

Factors supporting mitigation of sentence: belief in witchcraft

In this case the accused’s belief in witchcraft has a causative role in his attack on the victim. At sentencing, is the belief a valid mitigating factor? S v Xaba and Others 2018 (2) SACR 387 (KZP)

18 months’ direct imprisonment for theft of biltong

The accused, a 29 year old father of three, steals biltong to the value of R1100, and receives an 18 month prison sentence. Is the sentence appropriate? S v Heuwel 2018 (2) SACR 436 (WCC)

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• Assign Services (Pty) Ltd v National Union of Metalworkers of South Africa and Others 2018 (5) SA 323 (CC)
• Minister of Justice and Another v SA Restructuring and Insolvency Practitioners Association and Others 2018 (5) SA 349 (CC)
• My Vote Counts NPC v Minister of Justice and Correctional Services and Another 2018 (5) SA 380 (CC)
• Mostert and Others v Nash and Another 2018 (5) SA 409 (SCA)
• Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd 2018 (5) SA 462 (SCA)
• ST v CT 2018 (5) SA 479 (SCA)
• ABM Motors v Minister of Minerals and Energy and Others 2018 (5) SA 540 (KZP)
• Absa Bank Ltd v Njolomba and Another, and Other Cases 2018 (5) SA 548 (GJ)
• Bafokeng Land Buyers Association and Others v Royal Bafokeng Nation and Others 2018 (5) SA 566 (NWM)
• Bryer NO and Others v Heritage Western Cape 2018 (5) SA 597 (WCC)
• Edcon Holdings Ltd v National Consumer Tribunal and Another 2018 (5) SA 609 (GP)
• Huijink-Maritz v Municipal Manager, Matjhabeng Municipality and Another 2018 (5) SA 614 (FB)
• Ndoro and Another v South African Football Association and Others 2018 (5) SA 630 (GJ)
• Proxi Smart Services (Pty) Ltd v Law Society of South Africa and Others 2018 (5) SA 644 (GP)

ASSIGN SERVICES (PTY) LTD v NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA 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 JULY 26
[2018] ZACC 22

Labour law - Temporary employment service (labour broker)—Employer—Deeming—Placed workers earning less than prescribed amount deemed, after three months, to be employees of company they are placed with—Company becoming sole employer for purposes of LRA—Dual-employer model favoured by brokers rejected—Placed workers retaining no direct contractual ties to broker—Labour Relations Act 66 of 1995, s 198A(3)(b).

MINISTER OF JUSTICE AND ANOTHER v SA RESTRUCTURING AND INSOLVENCY PRACTITIONERS ASSOCIATION 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 JULY 5
[2018] ZACC 20

Constitutional law - Human rights—Right to equality—Right not to be unfairly discriminated against—Affirmative action—Non-arbitrariness and rationality as distinct requirements—Ministerial policy for appointment of insolvency practitioners not reasonably capable of achieving equality—Also ultra vires enabling Act (by displacing Master’s discretion) and arbitrary (by excluding citizens born after 27 April 1994)—Unconstitutional—Constitution, s 9(2); Insolvency Act 24 of 1936, s 158(2).

Insolvency - Trustee—Appointment—Ministerial affirmative action policy unconstitutional—Constitution, s 9(2); Insolvency Act 24 of 1936, s 58(2).

MY VOTE COUNTS NPC v MINISTER OF JUSTICE AND CORRECTIONAL SERVICES AND ANOTHER (CC)

SMOGOENG CJ, ZONDO DCJ, CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON JA
2018 JUNE 21
[2018] ZACC 17

Constitutional law - Human rights—Right of access to information—Details of private funding of political parties and independent candidates—Disclosure required for exercise and protection of right to vote and freedom of expression—State obliged to ensure that such information be recorded, preserved and disclosable in a reasonably accessible manner, and for free—Constitution, s 32(1), read with ss 7(2), 16 and 19.

Constitutional law - Legislation—Validity—Promotion of Access to Information Act 2 of 2000—Unconstitutional and invalid to extent that it does not allow for disclosure of private-funding details of political parties—Constitution, s 32(1), read with ss 7(2), 16 and 19.

Constitutional practice - Courts—Powers in constitutional matters—Order suspending declaration of constitutional invalidity—When appropriate—Not appropriate where continued operation of invalidated provision would not adversely affect rights or interests facilitated by invalidated provision—Constitution, s 172(2)(b)(ii).

MOSTERT AND OTHERS v NASH AND ANOTHER (SCA)

PONNAN JA, WALLIS JA, WILLIS JA, SWAIN JA and PILLAY AJA
2018 MAY 21
[2018] ZASCA 62

Pension - Pension fund—Appointment of curator by order of High Court—Remuneration of curator—Term of order that remuneration, in terms of agreement to be entered into between curator and Financial Services Board, be ‘in accordance with norms of attorneys’ profession’—Agreement entitling curator to fees as percentage of amounts recovered on behalf of fund—Legality of—Whether ‘in accordance with norms of attorneys’ profession’—Whether infringing Contingency Fees Act 66 of 1997—Whether contrary to common-law principle prohibiting contingency fee agreements—Financial Institutions (Protection of Funds) Act 28 of 2001, s 5(2).

Administrative law - Administrative action—What constitutes—Conclusion of remuneration agreement between court-appointed curator of pension fund and Financial Services Board—Curator’s appointment and entitlement to remuneration arising from terms of order of court, not from agreement—Conclusion of agreement not amounting to administrative action.

Attorney - Fees—Contingency fees—Contingency fee agreement—In respect of non-litigious matters—Common law—Court a quo making blanket statement that such agreements unlawful on basis that they were against public policy, thereby extending reach of common-law prohibition against contingency fee agreements, which previously only covering contingency fee agreements in respect of litigious work—SCA finding that court a quo was wrong to do so, and that if the common-law prohibition was to be extended to other situations, that should be done on case-bycase basis after careful analysis of all interests involved.

PALABORA COPPER (PTY) LTD v MOTLOKWA TRANSPORT & CONSTRUCTION (PTY) LTD (SCA)

WALLIS JA, DAMBUZA JA, VAN DER MERWE JA, PLASKET AJA and SCHIPPERS AJA
2018 MARCH 22
[2018] ZASCA 23

Arbitration - Award—Application to set aside—Grounds for—Gross irregularity—Severability of award—Permissible if irregular part clearly severable from part good in law—Award may then be enforceable for residue after such severance—Arbitration Act 42 of 1965, s 33(1)(b).

ST v CT (SCA)

MAJIEDT JA, SALDULKER JA, DAMBUZA JA, PLASKET AJA and ROGERS AJA
2018 MAY 30
[2018] ZASCA 73

Marriage - Divorce—Proprietary rights—Accrual system—Calculation of estate’s accrual—Onus to prove asset excluded from estate—Whether living annuity part of estate—Duty to furnish particulars of estate’s value—Matrimonial Property Act 88 of 1984, s 7.

Marriage - Divorce—Maintenance—Antenuptial contract containing waiver of right to claim maintenance on dissolution of marriage—Enforceability of waiver.

ABM MOTORS v MINISTER OF MINERALS AND ENERGY AND OTHERS (KZP)

PLOOS VAN AMSTEL J
2018 MAY 28

Administrative law - Administrative action—Review—Application—Service—Must be on all affected parties, not just decision-maker—Court may in interests of justice extend 180-day period where applicant failed to serve one of several affected parties—Promotion of Administrative Justice Act 3 of 2000, s 7(1).

Minerals and petroleum - Petroleum—Retail—Site licence—Refusal—Internal appeal against—Discretion of Minister—Minister did not err in taking into account impact on existing fuelling stations in area—Petroleum Products Act 120 of 1977, s 2B(2) and reg 18(2).

Practice - Applications and motions—Application proceedings—Service of documents initiating proceedings—On attorney of record of respondent—Attorney of record meaning attorney formally representing party in proceedings already instituted—Uniform Rules, rule 4(1)(aA).

ABSA BANK LTD v NJOLOMBA AND ANOTHER, AND OTHER CASES (GJ)

FISHER J
2018 MARCH 5

Mortgage - Foreclosure—Application for judgment on accelerated debt, where all legal and contractual requirements for such judgment met, and mortgaged property primary residence—Court not having discretion to postpone matter until judicial consideration of executability—Practice directive requiring such postponement not capable of displacing substantive law entitling credit provider to judgment.

Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Mortgage agreement—Sale in execution—Of movable property ‘after execution of any other court order enforcing that agreement’ as contemplated in s 129(4)(b) of NCA—Not affecting debtor’s right to reinstate mortgage agreement under s 129(3) of NCA—National Credit Act 34 of 2005, ss 129(3) and 129(4)(b).

BAFOKENG LAND BUYERS ASSOCIATION AND OTHERS v ROYAL BAFOKENG NATION AND OTHERS (NWM)

GUTTA J, KGOELE J and DJAJE J
2018 MARCH 9

Customary law - Tribal community—Litigation on behalf of—Supreme Council of Royal Bafokeng Nation passing resolution authorising litigation on behalf of tribal community—Whether, under customary law, required to first consult broadly with community—Council obliged to do so—Maxim ‘kgosi ke kgosi ka morafe’ (the king is the king by virtue of the people) underlining governance structure of tribal community—Court giving effect to living customary law, and stressing need to interpret customary law in line with Constitution.

BRYER NO AND OTHERS v HERITAGE WESTERN CAPE (WCC)

CLOETE J
2018 JUNE 11

Heritage - Protection of heritage resources—Development of sites—Obligation of developer to notify provincial heritage authority where development will change character of site exceeding 5000 m2 in extent (s 38(1)(c)(i) of NHRA)—‘Site’ meaning area of ground on which development in fact taking place, not ‘erf’—If footprint of development less than 5000 m2, notification not required, even where erf on which development located exceeds 5000 m2—National Heritage Resources Act 25 of 1999, s 38(1)(c)(i).

EDCON HOLDINGS LTD v NATIONAL CONSUMER TRIBUNAL AND ANOTHER (GP)

LOUW J and MDALANA AJ
2018 MAY 23

Credit agreement - Consumer credit agreement—Cost of credit—‘Club fee’—Whether cost of credit—Whether agreement ‘requires’ payment thereof—National Credit Act 34 of 2005, s 101(1).

HUIJINK-MARITZ v MUNICIPAL MANAGER, MATJHABENG MUNICIPALITY AND ANOTHER (FB)

MUSI AJP
2017 JULY 20

Administrative law - Access to information—Request for access—Refusal—Deemed refusal—Internal appeal procedure peremptory also in case of deemed refusal—Promotion of Access to Information Act 2 of 2000, ss 27 and 74(1)(a).

NDORO AND ANOTHER v SOUTH AFRICAN FOOTBALL ASSOCIATION AND OTHERS (GJ)

UNTERHALTER J
2018 APRIL 24

Voluntary association - Domestic tribunal—Decision of Safa’s Arbitration Tribunal—Whether administrative action—Promotion of Administrative Justice Act 3 of 2000.

PROXI SMART SERVICES (PTY) LTD v LAW SOCIETY OF SOUTH AFRICA AND OTHERS (GP)

MATOJANE J, VAN DER WESTHUIZEN J and STRIJDOM J
2018 MAY 16

Conveyancer - Relationship between conveyancer and parties to transaction—Scope of work reserved for conveyancer—Commercial enterprise dividing transfer work between ‘reserved work’ and ‘non-reserved work’ and purporting to perform only latter—Whether such scheme contravening statutory and regulatory framework—Attorneys Act 53 of 1979, s 83(8)(a)(i).

• Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others 2018 (2) SACR 367 (SCA)
• S v Xaba and Others 2018 (2) SACR 387 (KZP)
• S v Karolus 2018 (2) SACR 398 (WCC)
• S v Mkulu 2018 (2) SACR 408 (WCC)
• S v Ramatar 2018 (2) SACR 414 (WCC)
• Patel v National Director of Public Prosecutions and Others 2018 (2) SACR 420 (KZD)
• S v Heuwel 2018 (2) SACR 436 (WCC)
• Corruption Watch NPC and Others v President of the Republic of South Africa and Others 2018 (2) SACR 442 (CC)

GONGQOSE AND OTHERS v MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES AND OTHERS (SCA)

MAYA P, MAJIEDT JA, DAMBUZA JA, PLASKET AJA and SCHIPPERS AJA
2018 JUNE 1
[2018] ZASCA 87

Conservation - Fishing—Customary law—Rights—When legislation extinguishing—Whether Act extinguishing customary right of access to and use of marine resources—Marine Living Resources Act 18 of 1998. Conservation—Fishing—Contravention of s 43(2)(a) of the Marine Living Resources Act 18 of 1998—Defences—Excluding unlawfulness of act—Necessary authority—Statute making attempt to fish in marine protected area unlawful—Act performed under customary law right.

S v XABA AND OTHERS (KZP)

MBATHA J
2018 JULY 3

Murder - Sentence—Factors to be taken into account—Belief in witchcraft—Fact that legislature including witchcraft offences in Criminal Law Amendment Act 105 of 1997 indicating that law increasingly less tolerant of such belief as mitigating factor—Court, however, accepting that played role in offence, albeit limited one.

S v KAROLUS (WCC)

DOLAMO J and ANDREWS AJ
2018 MAY 29 

Maintenance - Failure to pay—Contravention of s 31(1) of Maintenance Act 99 of 1998—Proof of—Partial compliance with order—Painstaking and laborious examination of payments, and periods in which accused unemployed and unable to pay, required.

S v MKULU (WCC)

ROGERS J and SAVAGE J
2018 AUGUST 2

Drugs - Dagga—Dealing in in contravention of s 5(b) of Drugs and Drug Trafficking Act 140 of 1992—Proof of—Liability of person acting as agent of user without separate role in supply of drugs—Such person not performing acts amounting to dealing in as envisaged by s 1 of Act.

S v RAMATAR (WCC)

HENNEY J and SHER J
2018 MAY 30

Trial - Irregularity in—What constitutes—Magistrate eliciting information on accused’s previous convictions before taking plea in terms of s 112(1)(b) of Criminal Procedure Act 51 of 1977—Material irregularity—Conviction and sentence set aside.

PATEL v NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (KZD)

LEDWABA DJP
2016 DECEMBER 5–9; 2017 APRIL 3–7; 2018 JUNE 13

Prosecution - Prosecutor—Decision to prosecute—Prosecutor required to establish not only prima facie case against accused but also reasonable and probable cause for prosecution.

S v HEUWEL (WCC)

THULARE AJ
2017 DECEMBER 20

Trial - Judgment—Reasons for—Sentence—Constituting explanatory analysis of decision without which any pronouncement not transparent—Justice by trier of fact had to be visible, ensuring all issues considered and carefully weighed—In casu nothing on record to show trial court applied properly informed mind in sentencing accused—Sentence set aside and accused sentenced afresh.

Theft - Sentence—Theft of biltong to value of R1100 from supermarket—Sentence of 18 months’ direct imprisonment shockingly severe and replaced with sentence of 12 months’ imprisonment under s 276(1)(i) of the Criminal Procedure Act 51 of 1977.

CORRUPTION WATCH NPC AND OTHERS v PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS (CC)

CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ
and THERON J

2018 FEBRUARY 28; AUGUST 13
[2018] ZACC 23

Prosecution - National Director of Public Prosecutions—Appointment, suspension and dismissal of—Lawfulness of agreement offering excessive financial incentive for resignation of NDPP—Agreement, vacation of office and subsequent payment all constitutionally invalid for having come about in manner inconsonant with constitutionally required independence of office of NDPP.

Prosecution - National Director of Public Prosecutions—Appointment, suspension and dismissal of—Provisions of s 12(4) of National Prosecuting Authority Act 32 of 1998 empowering President to extend term of office undermining independence of office and constitutionally invalid.

Prosecution - National Director of Public Prosecutions—Appointment, suspension and dismissal of—Provisions of s 12(6) of National Prosecuting Authority Act 32 of 1998, empowering President to suspend NDPP with or without pay for indefinite period, susceptible to abuse and constitutionally invalid.

• Aphiri v Kgatleng Land Board and Another [2016] 1 BLR 276 (HC)
• Ashfaq and Another v Li And Another [2016] 1 BLR 7 (CA)
• Attorney-General v Konyango [2016] 1 BLR 115 (HC)
• Auto Cham (Pty) Ltd v Dikgang Publishing Company (Pty) Ltd t/a Mmegi & the Monitor and Others [2016] 1 BLR 139 (CA)
• Baatweng v Sithole [2016] 1 BLR 570 (CA)
• Bamangwato Concession Ltd v Infobuild Marketing (Pty) Ltd [2016] 1 BLR 586 (CA)
• Botlhasitse v The State [2016] 1 BLR 82 (CA)
• Botswana Baylor Children's Clinical Centre of Excellence v Marape [2016] 1 BLR 551 (CA)
• Botswana Landboards and Local Authorities Workers' Union and Others v Botswana Public Employees Union and Others [2016] 1 BLR 434 (CA)
• Botswana National Youth Council v Mpolokang and Another [2016] 1 BLR 511 (CA)
• Botswana Power Corporation and Another v Mokgoro [2016] 1 BLR 13 (CA)
• Botswana Telecommunications Corporation v Lekoko [2016] 1 BLR 133 (CA)
• Campbell v University of Botswana [2016] 1 BLR 1 (CA)
• Cell Connect (Pty) Ltd v Oseg Group (Pty) Ltd [2016] 1 BLR 218 (HC)
• Clear Opportunity (Pty) Ltd v Moipolai [2016] 1 BLR 422 (HC)
• Copyright Society of Botswana v Cash Bazaar Holdings (Pty) Ltd [2016] 1 BLR 346 (HC)
• Debswana Diamond Company Ltd v Botswana Unified Revenue Service [2016] 1 BLR 256 (HC)
• Dingake and Others v Registrar of the High Court and Others [2016] 1 BLR 428 (HC)
• Dube v The State [2016] 1 BLR 470 (CA)
• Export Credit Insurance & Guarantee Company (Botswana) (Pty) Ltd v Dawson & Fraser Mechanical Contractors (Pty) Ltd and Another [2016] 1 BLR 361 (CA)
• Fleet Services Botswana (Pty) Ltd v Meat Zone Butchery (Pty) Ltd and Others [2016] 1 BLR 229 (HC)
• Gabaakanye v President of The Republic of Botswana and Others [2016] 1 BLR 373 (CA)
• Gaonabeng and Others v Civil Aviation Authority of Botswana [2016] 1 BLR 300 (HC)
• Gera v The Francistowner (Pty) Ltd [2016] 1 BLR 312 (HC)
• Global Assest Management (Pty) Ltd t/a Leap Frog v Mascom Wireless (Pty) Ltd and Another; In Re: Mascom Wireless (Pty) Ltd v Gainfit (Pty) Ltd and Another [2016] 1 BLR 224 (HC)
• Hinchliffe NO v Attorney-General [2016] 1 BLR 121 (CA)
• Jet Air Plant Hire (Pty) Ltd v Zoe Electrical Installation (Pty) Ltd [2016] 1 BLR 410 (CA)
• Kakula and Others v Attorney-General and Others [2016] 1 BLR 321 (HC)
• Kehupetse v The State [2016] 1 BLR 524 (CA)
• Kenosi v Jwagoree Syndicate [2016] 1 BLR 514 (CA)
• Kereng v Rammidi and Others [2016] 1 BLR 25 (CA)
• Kgosikhumo and Others v Botswana Police Service and Others [2016] 1 BLR 353 (HC)
• KMM Architects (Pty) Ltd v Bridgetown (Pty) Ltd [2016] 1 BLR 176 (HC)
• Kolanyane v Ramaabya and Others [2016] 1 BLR 36 (CA)
• Kuchatah v The State [2016] 1 BLR 475 (CA)
• Law Society of Botswana v Mutoriti [2016] 1 BLR 46 (CA)
• Lebotse v The State [2016] 1 BLR 403 (CA)
• Machongo v AEL Mining Services (Pty) Ltd [2016] 1 BLR 92 (CA)
• Marokane and Others v Kereng [2016] 1 BLR 101 (CA)
• Masenya v Motlhagodi and Others [2016] 1 BLR 478 (CA)
• Matebesi v The State [2016] 1 BLR 518 (CA)
• Mogale v Motor Vehicle Accident Fund [2016] 1 BLR 458 (CA)
• Moloi v The State [2016] 1 BLR 506 (CA)
• Moshapa v The State [2016] 1 BLR 499 (CA)
• Motor Centre (Botswana) (Pty) Ltd v Commisioner General of the Botswana Unified Revenue Service [2016] 1 BLR 330 (HC)
• Motshidisi v Magede [2016] 1 BLR 417 (CA)
• Motshwane v Monchusi and Another [2016] 1 BLR 71 (CA)
• Motukwa and Others v The State [2016] 1 BLR 537 (CA)
• Mukanganise v The State [2016] 1 BLR 245 (HC)
• Nkgabane v The State [2016] 1 BLR 493 (CA)
• Notwane Football Club v Botswana Football Association and Another [2016] 1 BLR 65 (CA)
• Oagile v Attorney-General and Another [2016] 1 BLR 576 (CA)
• Olyn v The State [2016] 1 BLR 337 (HC)
• Petadco Paper Products (Pty) Ltd t/a Impression House v Vivid (Pty) Ltd t/a Vivid Insight and Another; In Re: Petadco Paper Products (Pty) Ltd t/a Impression House v Vivid (Pty) Ltd t/a Vivid Insight and Another [2016] 1 BLR 172 (HC)
• Phuthego and Others v Barclays Bank of Botswana Ltd [2016] 1 BLR 562 (CA)
• Puma Energy Botswana (Pty) Ltd v Stevens NO and Others [2016] 1 BLR 342 (HC)
• Red Raven Holdings (Pty) Ltd and Another v Ngwato Land Board and Another [2016] 1 BLR 166 (HC)
• Sebowe v Lee and Others [2016] 1 BLR 9 (CA)
• Sedimonyane v The State [2016] 1 BLR 389 (CA)
• Sejanamane v The State [2016] 1 BLR 488 (CA)
• Shell Oil Botswana (Pty) Ltd v Frixton Enterprises (Pty) Ltd [2016] 1 BLR 60 (CA)
• Shumba Projects (Pty) Ltd v Ministry of Works, Department of Roads and Another [2016] 1 BLR 111 (CA)
• Simon v The State [2016] 1 BLR 107 (CA)
• Smart Partnership Enterprises (Pty) Ltd v Bash Carriers (Pty) Ltd [2016] 1 BLR 146 (HC)
• Supreme Furnishers (Pty) Ltd v Commissioner General of the Botswana Unified Revenue Service [2016] 1 BLR 199 (HC)
• Tawana Land Board v Wutuka Takwenda Adventure Safaris (Pty) Ltd and Another [2016] 1 BLR 531 (CA)
• Teddy's Express (Pty) Ltd v Mokoka's Transport and Plant Hire (Pty) Ltd and Others; In Re: Mokoka's Transport and Plant Hire (Pty) Ltd v Thebe and Others [2016] 1 BLR 304 (HC)
• Timothy v Botswana Railways [2016] 1 BLR 593 (CA)
• Xomae Group (Pty) Ltd v Accord Consultants t/a Mazars [2016] 1 BLR 393 (CA)
• Your Friend (Pty) Ltd t/a Gabz FM v Law Society of Botswana and Others [2016] 1 BLR 125 (CA)
• Zac Construction (Pty) Ltd v Elsamex-Itnl Jvca and Others [2016] 1 BLR 236 (HC)
• Zac Construction (Pty) Ltd v Public Procurement and Asset Disposal Board and Another [2016] 1 BLR 185 (HC)

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