March 2019

Dear South African Law Reports and Criminal Law Reports subscriber

Herewith the cases in the March 2019 law reports.

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

JUDGMENTS OF INTEREST IN THE MARCH 2019 EDITIONS OF THE SALR AND SACR LAW REPORTS. SEE ALSO, FURTHER BELOW, THE TABLE OF CASES FOR THE BOTSWANA LAW REPORTS 2016 (2).

SOUTH AFRICAN LAW REPORTS

State entities may be held to their promises

In 1989 the general manager of the SA Transport Services, a state organ, promised employees that their pension benefits would remain the same when government-owned company Transnet Ltd took over. The promise was echoed by government officials. When the promise was broken a decade later, the applicants, both members the new Transnet pension funds, instituted a class action against them. The Constitutional Court found that the breach of promise constituted unlawful state action that could be challenged outside PAJA. Pretorius and Another v Transport Pension Fund and Others 2019 (2) SA 37 (CC)

Ancient doctrine invoked to protect community land rights

When a landowner sought to evict a community from a parcel of land on which it had a church and where its children went to missionary school, the community—which had been present in the area since the early 1800s—invoked the doctrine of vetustas to ask for the registration of pubic servitude in its favour. The Supreme Court of Appeal found that the community had established immemorial usage of the land in question and directed the Registrar of Deeds to register a servitude for the purpose of a church and related activities. Grootkraal Community and Others v Botha NO and Others 2019 (2) SA 128 (SCA)

Foreign welfare payment as collateral benefit in RAF claim

The plaintiff, a British citizen resident in South Africa, sustained serious injuries in a car crash before permanently leaving for the United Kingdom, where his injuries qualified him for a welfare payment called a personal independence payment (PIP) valued at R2 million. The Road Accident Fund conceded liability, leaving the issue of the contingency to be applied to the PIP for decision by the Western Cape High Court (the parties were agreed that the value of the PIP had to be deducted from the award). The court found that, given the of evidence about the pervading projected socioeconomic and political environment in the UK, a 20 % contingency would be fair. D’Oliveira v Road Accident Fund 2019 (2) SA 247 (WCC)

SOUTH AFRICAN CRIMINAL LAW REPORTS

Pushing complainant not sufficient to constitute aggravating circumstances

The accused pushed the complainant off her feet while escaping the scene of a housebreaking. The court found that this did not constitute aggravating circumstances for purposes of s 1(1) of Criminal Procedure Act 51 of 1977. S v Davids 2019 (1) SACR 257 (WCC)

Identification of child complainant in sexual offence

The court held that it was incumbent on court to never reveal the identity of a child complainant in a sexual offence.  S v Masuku 2019 (1) SACR 276 (GJ)

Whether light being shone into vehicle at night constituting search

A law-enforcement official shone his light into a vehicle revealing two hunting rifles that would have been easily visible in daytime. The court held that such did not constitute a search and the evidence seized was not unconstitutionally obtained. Du Toit and Others v Provincial Minister of Environmental Affairs and Development Planning, Western Cape and Others 2019 (1) SACR 311 (WCC)

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• Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Ltd and Another 2019 (2) SA 1 (CC)
• Pretorius and Another v Transport Pension Fund and Others 2019 (2) SA 37 (CC)
• Rahube v Rahube and Others 2019 (2) SA 54 (CC)
• Director-General, Department of Rural Development and Land Reform, and Another v Mwelase and Others 2019 (2) SA 81 (SCA)
• Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA)
• Grootkraal Community and Others v Botha NO and Others 2019 (2) SA 128 (SCA)
• Harvey NO and Others v Crawford NO and Others 2019 (2) SA 153 (SCA)
• Life Healthcare Group (Pty) Ltd v Suliman 2019 (2) SA 185 (SCA)
• Masuku and Another v South African Human Rights Commission 2019 (2) SA 194 (SCA)
• Monde v Viljoen NO and Others 2019 (2) SA 205 (SCA)
• Nkola v Argent Steel Group (Pty) Ltd 2019 (2) SA 216 (SCA)
• Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC 2019 (2) SA 221 (SCA)
• Road Accident Fund v Kerridge 2019 (2) SA 233 (SCA)
• D’Oliveira v Road Accident Fund 2019 (2) SA 247 (WCC)
• Govender NO and Others v Gounden and Others 2019 (2) SA 262 (KZD)
• Jacobs v Road Accident Fund 2019 (2) SA 275 (GP)
• Minister of Police and Another v Yekiso 2019 (2) SA 281 (WCC)
• Van Rooyen obo Motau v Road Accident Fund 2019 (2) SA 290 (GP)
• Staufen Investments (Pty) Ltd v Minister of Public Works and Others 2019 (2) SA 295 (ECP)
• Sebenza Shipping & Forwarding (Pty) Ltd v Passenger Rail Agency of South Africa SOC Ltd 2019 (2) SA 318 (GJ)

MALEDU AND OTHERS v ITERELENG BAKGATLA MINERAL RESOURCES (PTY) LTD AND ANOTHER (CC)

ZONDO DCJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON J
2018 OCTOBER 25
[2018] ZACC 41

Land - Informal land rights—Deprivation—Right of informal land right holders to be consulted—Interim Protection of Informal Land Rights Act 31 of 1996, s 2.

Minerals and petroleum - Mining and prospecting rights—Associated rights—Access to land—Disputes between holders of mining and prospecting rights, and owners or holders of informal rights in land—Mandatory to exhaust dispute-resolution mechanism of MPRDA before mining may commence—Mineral and Petroleum Resources Development Act 28 of 2002, s 54(7)(a).

PRETORIUS AND ANOTHER v TRANSPORT PENSION FUND AND OTHERS (CC)

ZONDO DCJ, CAMERON J, FRONEMAN J, JAFTA J, KATHREE-SETILOANE AJ, KOLLAPEN AJ, MADLANGA J, MHLANTLA J, THERON J and ZONDI AJ
2018 APRIL 25
[2018] ZACC 10

Constitutional law - The state—Unlawful state action—Breach of promise—State unlawfully and unconscionably reneging on promise—Court recognising claim based on unlawful state action distinct from claim to administrative justice.

Constitutional law - Human rights—Right to fair labour practices—May be directly relied on—Constitution, s 23(1).

State - Promise by—Enforcement—Exception to claim against state based on breach of contract—State unconscionably breaching promise to grant annual pension increase to employees of state organ—Exception to pleaded contract dismissed.

RAHUBE v RAHUBE AND OTHERS (CC)

CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON J
2018 OCTOBER 30
[2018] ZACC 42

Constitutional law - Legislation—Validity—Upgrading of Land Tenure Rights Act 112 of 1991, s 2(1)—Automatic conversion of certain land tenure rights into ownership—Provision unconstitutional and invalid to extent that inconsistent with right to equality—Constitution, s 9.

DIRECTOR-GENERAL, DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM, AND ANOTHER v MWELASE AND OTHERS (SCA)

LEACH JA, SERITI JA, WILLIS JA, MOCUMIE JA and SCHIPPERS JA
2018 AUGUST 17
[2018] ZASCA 105

Land - Land reform—Labour tenant—Claim—Appointment of special master to supervise processing of labour tenant claims under Land Reform (Labour Tenants) Act 3 of 1996—Special master tasked with preparing implementation plan for processing labour tenant claims, including determination of skills, infrastructure and budget required—Special master, a complete outsider, effectively taking over functions and responsibilities of Director-General and Department—Breach of separation of powers—Appointment of special master by Land Claims Court set aside by SCA.

FISCHER v UBOMI USHISHI TRADING CC AND OTHERS (SCA)

SHONGWE ADP, CACHALIA JA, SALDULKER JA, SCHIPPERS JA and MOTHLE AJA
2018 NOVEMBER 19
[2018] ZASCA 154

Land - Ownership—Vesting of—Spouse undertaking, in settlement agreement made part of divorce order, to transfer half-share in property to other spouse—Whether ownership vesting on date of order or on date of endorsement of deed.

GROOTKRAAL COMMUNITY AND OTHERS v BOTHA NO AND OTHERS (SCA)

LEWIS JA, WALLIS JA, SWAIN JA, MATHOPO JA and MOCUMIE JA
2018 NOVEMBER 28
[2018] ZASCA 158

Servitude - Acquisition—Vetustas (immemorial user)—Requirements—Claimant to show that right to occupation and usage existed for time immemorial—Presumption of legality arising—Immemorial meaning that circumstances in which right arose beyond living memory—Claimants showing 200-year community usage, for religious and other purposes, of portion of private land—Presumption of legality not rebutted—Court ordering registration of public servitude over land in question.

HARVEY NO AND OTHERS v CRAWFORD NO AND OTHERS (SCA)

PONNAN JA, TSHIQI JA, ZONDI JA, DAMBUZA JA and MOLEMELA JA
2018 OCTOBER 17
[2018] ZASCA 147

Trust - Trust deed—Interpretation—Children, issue, descendants and legal descendants—Whether including adopted children.

LIFE HEALTHCARE GROUP (PTY) LTD v SULIMAN (SCA)

2018 SEPTEMBER 20
[2018] ZASCA 118

Medicine - Medical practitioner—Malpractice—Parents claiming damages against defendant doctor for harm suffered by child during birth—Defendant doctor attending labour as cover for mother’s own doctor—Failure by defendant to personally attend to mother shortly after her admission, instead managing situation telephonically by giving instructions to treating nurses—Breach of legal duty to avoid negligently causing harm, which duty arising when defendant first giving telephonic instructions to nurses as to care of patient—Earlier attendance could have prevented injuries, therefore causation established.

MASUKU AND ANOTHER v SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SCA)

LEWIS JA, WALLIS JA, ZONDI JA, DAMBUZA JA and MATOJANE AJA
2018 DECEMBER 4
[2018] ZASCA 180

Constitutional law - Human rights—Right to freedom of expression—Limitation—Only statements falling within purview of s 16(2) of Constitution not protected—Statement to be interpreted in context in which made—Hostile, hurtful, distasteful or inflammatory statements not necessarily hateful.

Constitutional law - Human rights—Right to freedom of expression—Limitation—Quaere: Whether internal limitation clause in s 16(2) obviating s 36(1) limitation analysis.

Constitutional law - Human rights—Right to freedom of expression—Limitation—Hate speech—What constitutes—Alleged advocacy of hatred in speech directed at Jewish people—Seen in context, speech political in nature and not constituting advocacy of hatred against Jews.

Equality legislation - Constitutionality—Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000—Quaere: Whether s 10 of Act condemns constitutionally protected speech—Constitution, s 16.

MONDE v VILJOEN NO AND OTHERS (SCA)

MAYA P, SWAIN JA, MOCUMIE JA, SCHIPPERS JA and MOTHLE AJA
2018 SEPTEMBER 28
[2018] ZASCA 138

Land - Land reform—Statutory protection of tenure—Requirements for eviction—Probation officer’s report—Report to be furnished to court before eviction may be ordered—Extension of Security of Tenure Act 62 of 1997, s 9(3).

NKOLA v ARGENT STEEL GROUP (PTY) LTD (SCA)

LEWIS JA, SALDULKER JA, SWAIN JA, PILLAY AJA and MAKGOKA AJA
2018 MARCH 26
[2018] ZASCA 29

Execution - Immovable property—Debtor claiming, but not pointing out or making available, movables sufficient to satisfy debt—Whether creditor may execute against debtor’s immovable property.

PROPELL SPECIALISED FINANCE (PTY) LTD v ATTORNEYS INSURANCE INDEMNITY FUND NPC (SCA)

LEWIS JA, SALDULKER JA, ZONDI JA, MATHOPO JA and MOKGOHLOA AJA
2018 SEPTEMBER 28
[2018] ZASCA 142

Attorney - Fidelity Fund—Claims against—Cession of indemnification rights under insurance policy to third party—Nature of contractual relationship between parties involving delectus personae—Agreement to cede rights under policy without Fidelity Fund’s consent invalid.

Insurance - Professional indemnity insurance—Whether indemnification rights cedable—Nature of contractual relationship between parties involving delectus personae—Agreement to cede rights under policy without insurer’s consent invalid.

ROAD ACCIDENT FUND v KERRIDGE (SCA)

SHONGWE ADP, DAMBUZA JA, MOCUMIE JA, SCHIPPERS JA and NICHOLLS AJA
2018 NOVEMBER 1
[2018] ZASCA 151

Motor vehicle accident - Compensation—Claim against Road Accident Fund—Loss of income or earning capacity—Expert evidence not to be accepted without more—Both courts and Road Accident Fund should actively evaluate facts on which expert evidence based—In present case, this not done—On appeal, post-morbid contingencies increased.

D’OLIVEIRA v ROAD ACCIDENT FUND (WCC)

GAMBLE J
2018 SEPTEMBER 5

Damages - Bodily injuries—Loss of income or earning capacity—Calculation—Deduction of collateral benefit—Foreign welfare entitlement—Contingency to be applied—Court, citing unpredictable variables, applying contingency deduction of 20% to future value of benefit.

Damages - Bodily injuries—Medical expenses—Past medical expenses—Domestic care—Care by spouse—Claim against Road Accident Fund—Claimant to establish actual cost of wife’s services—Road Accident Fund Act 56 of 1996, s 17(1).

Damages - Bodily injuries—Medical expenses—Past medical expenses—Domestic care—Employment of full-time careperson—Whether warranted.

GOVENDER NO AND OTHERS v GOUNDEN AND OTHERS (KZD)

K PILLAY J, KOEN J and PLOOS VAN AMSTEL J
2018 AUGUST 24

Administration of estates - Heirs and legatees—Heir—Inheritance—When right to inheritance vesting—Whether spouse married in community of property may renounce inheritance without other spouse’s consent—When in time renunciation may be made.

JACOBS v ROAD ACCIDENT FUND (GP)

COLLIS J
2018 NOVEMBER 23

Motor vehicle accident - Compensation—Claim against Road Accident Fund—Liability of Fund—Claim, by surviving partner in live-in relationship, for loss of maintenance and support—Deceased still married to someone else when he died—Whether duty of support proved—Issue of boni mores.

Delict - Specific forms—Loss of support—Dependant’s action—Whether arising in respect of surviving partner in live-in relationship where deceased still married to another person—Issue of boni mores—Liability of Road Accident Fund.

MINISTER OF POLICE AND ANOTHER v YEKISO (WCC)

DAVIS J, BOQWANA J and NUKU J
2018 SEPTEMBER 3

Prescription - Extinctive prescription—Delay in completion—Incarceration—Plaintiff seeking damages for unlawful arrest and detention—Whether incarceration amounting to ‘superior force’ preventing plaintiff from interrupting prescription—Incarceration not preventing plaintiff from giving instructions to attorney to institute proceedings on his or her behalf—Key question being whether plaintiff having access to legal representative whom he or she could instruct to institute civil proceedings—Prescription Act 68 of 1969, s 13(1)(a).

VAN ROOYEN obo MOTAU v ROAD ACCIDENT FUND (GP)

TUCHTEN J
2018 SEPTEMBER 10

Motor vehicle accident - Compensation—Claim against Road Accident Fund—Prescription—Insane person—Collision rendering claimant insane—Claim brought more than three years after collision—Section 13(1)(a) of Prescription Act applying and saving claim from prescription under s 23(1) of Road Accident Fund Act—Prescription Act 68 of 1969, s 13(1)(a); Road Accident Fund Act 56 of 1996, s 23(1).

STAUFEN INVESTMENTS (PTY) LTD v MINISTER OF PUBLIC WORKS AND OTHERS (ECP)

REVELAS J
2018 SEPTEMBER 24

Expropriation - Legality—State expropriating part of farm on which Eskom had mistakenly built substation two decades before—Substation serving public good—Costs of relocation prohibitive—Expropriation rational, valid—Application for review of decision to expropriate dismissed—Constitution, s 25(3); Electricity Regulation Act 4 of 2006, s 26(1) and (3); Expropriation Act 63 of 1975, s 2(1).

Electricity - Supply—Eskom—Obtaining expropriation order to secure electricity supply via substation mistakenly built on wrong land—Application for review of decision to expropriate dismissed—Constitution, s 25(3); Electricity Regulation Act 4 of 2006, s 26(1) and (3); Expropriation Act 63 of 1975, s 2(1).

SEBENZA SHIPPING & FORWARDING (PTY) LTD v PASSENGER RAIL AGENCY OF SOUTH AFRICA SOC LTD (GJ)

WEPENER J
2017 NOVEMBER 28

Provisional sentencet - Practice—Requirement in High Court practice manual that original liquid document on which provisional sentence sought must be handed up in court—Plaintiff relying on acknowledgement of debt sent to it by defendant by electronic means—Such document constituting original for purposes of provisional sentence—If not constituting original, then non-production thereof would be condoned—Practice manual should be amended to delete such requirement. 

• S v Khoza and Another 2019 (1) SACR 251 (SCA)
• S v Davids 2019 (1) SACR 257 (WCC)
• S v Brand 2019 (1) SACR 264 (GJ)
• S v Masuku 2019 (1) SACR 276 (GJ)
• S v Madhinha 2019 (1) SACR 297 (WCC)
• Du Toit and Others v Provincial Minister of Environmental Affairs and Development Planning, Western Cape and Others 2019 (1) SACR 311 (WCC)
• Latha and Another v Minister of Police and Others 2019 (1) SACR 328 (KZP)
• Van Rooyen and Another v Minister of Police and Others 2019 (1) SACR 349 (NCK)
• S v Myeni 2019 (1) SACR 360 (ECG)

S v KHOZA AND ANOTHER (SCA)

MAYA P, VAN DER MERWE JA and NICHOLLS AJA
2018 SEPTEMBER 4, 28
[2018] ZASCA 133

Sentence - Prescribed minimum sentences—Criminal Law Amendment Act 105 of 1997—Failure to give notice to accused of applicability of minimum-sentence legislation—Whether accused prejudiced—Prejudice would exist if reasonable possibility that defence or response of accused may not have been same.

S v DAVIDS (WCC)

WILLE J and SLINGERS AJ
2018 NOVEMBER 23, 27

Robbery - Aggravating circumstances—What constitutes—Accused pushing complainant out of way while escaping not constituting aggravating circumstances for purposes of s 1(1) of Criminal Procedure Act 51 of 1977.

S v BRAND (GJ)

MAKUMA J and THOMPSON AJ
2018 AUGUST 23; OCTOBER 30

Sentence - Habitual criminal—Declaration as in terms of s 286 of Criminal Procedure Act 51 of 1977—Accused not warned in advance of provisions of section—Such warning should have been given at previous trial—Declaration set aside and replaced with sentence of fixed term of imprisonment.

S v MASUKU (GJ)

VALLY J, VAN DER LINDE J and KEIGHTLEY J
2018 SEPTEMBER 6

Evidence - Witness—Children—Identification—Child complainant in sexual offence—Incumbent on court to never reveal such child’s identity.

Evidence - Witness—Children—Cross-examination—Child complainant in sexual offence case—Questioning on details of genitalia and intricate sexual matters showing disrespect to child—Duty of legal representatives and court to protect child.

S v MADHINHA (WCC)

DOLAMO J and THULARE AJ
2018 DECEMBER 7

Admission of guilt - Review—Conviction and sentence in terms of s 57(6) of Criminal Procedure Act 51 of 1977—Not verdict but automatic consequence of administrative act—Review in terms of s 304(4) of Act appropriate way to bring review of proceedings.

DU TOIT AND OTHERS v PROVINCIAL MINISTER OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING, WESTERN CAPE AND OTHERS (WCC)

LE GRANGE J
2017 DECEMBER 7; 2018 MAY 24

Search and seizure - Search—What constitutes—Law-enforcement official shining light into vehicle revealing two hunting rifles—Items would have been easily visible in daytime—No search carried out.

LATHA AND ANOTHER v MINISTER OF POLICE AND OTHERS (KZP)

SEEGOBIN J
2018 MAY 27, 28, 29; JUNE 5

Damages - Measure of—For unlawful arrest, detention and assault—Plaintiffs subjected to most humiliating, degrading and dehumanising treatment at hands of police and held for six years and 11 months before they were acquitted—Plaintiffs awarded R3,5 million each in respect of non-patrimonial damages.

VAN ROOYEN AND ANOTHER v MINISTER OF POLICE AND OTHERS (NCK)

O’BRIEN AJ
2018 SEPTEMBER 7; OCTOBER 26

Search and seizure - Search warrant—Validity of—Affidavit attested before officer in same directorate but different unit—No abuse of power or gross violation of rights of person searched—Search warrant valid. 

Search and seizure - Search and seizure—Search warrant—Validity of—Warrant not setting out specific sections of legislation alleged to have been breached nor dates and times of the alleged offences—Such specifics not expected of police at outset of investigation—Search warrant valid.

S v MYENI (ECG)

BLOEM J and JAJI J
2018 OCTOBER 24; NOVEMBER 1

Fraud - Sentence—Conspiracy to defraud municipality by hacking its software and intercepting bank payment notifications—Involving R1,4 million—Society expected courts to treat persons who stole from public purse harshly—Such money intended for much-needed services to be delivered by municipalities—Sentence of 15 years’ imprisonment confirmed.

Fraud - Sentence—Factors affecting—Targeting of local authorities—Society expected courts to treat persons who stole from public purse harshly—Such money intended for much-needed services to be delivered by municipalities—Sentence of 15 years’ imprisonment confirmed. 

• Attorney-General and Another v National Amalgamated Local and Central Government and Parastatal Workers' Union [2016] 2 BLR 521 (CA)
• Baatweng v Attorney-General [2016] 2 BLR 415 (CA)
• Babolai v Directorate of Public Prosecutions [2016] 2 BLR 290 (HC)
• Babupi and Others v Dutlwe Agricultural Management Association [2016] 2 BLR 386 (CA)
• Basejane v The State [2016] 2 BLR 352 (HC)
• Batshegi and Another v Directorate of Public Prosecutions [2016] 2 BLR 218 (HC)
• Bolaane v Permanent Secretary and Another [2016] 2 BLR 122 (HC)
• Botswana Insurance Company Ltd v Mojaboswa and Others [2016] 2 BLR 211 (HC)
• Botswana Postal Services and Others v Mompati; In Re: Mompati v Botswana Postal Services and Others [2016] 2 BLR 162 (HC)
• Botswana Public Employees Union and Others v Ministry of Education and Another [2016] 2 BLR 276 (IC)
• Botswana Public Employees Union v Attorney-General and Another [2016] 2 BLR 258 (HC)
• Cell Connect (Pty) Ltd v Oseg Group (Pty) Ltd [2016] 2 BLR 371 (CA)
• Chepete v Magola and Others [2016] 2 BLR 241 (HC)
• Chobe Sunset Holdings (Pty) Ltd v Chobe District Council and Others [2016] 2 BLR 175 (HC)
• Colic Construction Development Co (Pty) Ltd v Grow-B Investments (Pty) Ltd [2016] 2 BLR 167 (HC)
• Competition Authority v Creative Business Solutions (Pty) Ltd and Another [2016] 2 BLR 546 (CA)
• Competition Authority v Creative Business Solutions (Pty) Ltd and Others [2016] 2 BLR 231 (HC)
• Debswana Letlhakane & Orapa Mine v Selabe [2016] 2 BLR 378 (CA)
• Entaile v The State [2016] 2 BLR 184 (HC)
• First National Bank of Botswana Ltd v Lake Ngami Lodge (Pty) Ltd and Others [2016] 2 BLR 31 (HC)
• Fourie Investments (Pty) Ltd v Siyadubiwa [2016] 2 BLR 401 (CA)
• Green Acres Investments (Pty) Ltd v Ya Fei Bedeck (Pty) Ltd and Another [2016] 2 BLR 348 (HC)
• Group Consult Global (Pty) Ltd v Attorney-General; In Re: Group Consult Global (Pty) Ltd v Attorney-General [2016] 2 BLR 579 (HC)
• IBS Kalahari Computer Maintenance Services (Pty) Ltd v Independent Complaints Review Committee and Others [2016] 2 BLR 109 (HC)
• JP Print Productions (Pty) Ltd v Botswana Building Society and Another; In Re: Botswana Building Society v JP Print Productions (Pty) Ltd [2016] 2 BLR 249 (HC)
• Jay Bee Associates (Pty) Ltd v Attorney-General [2016] 2 BLR 1 (CA)
• Jele v The State [2016] 2 BLR 448 (HC)
• Kader v Kader [2016] 2 BLR 497 (HC)
• Kathiana v Directorate of Public Prosecutions [2016] 2 BLR 495 (HC)
• Keitseope (Nee Sebeso) v Keitseope [2016] 2 BLR 366 (CA)
• Kenneth v Consolidated Contractors Company [2016] 2 BLR 126 (IC)
• Kenosi v Fourie Investments (Pty) Ltd [2016] 2 BLR 593 (HC)
• Kewagamang and Others v Acting Officer Commanding No 3 District and Another (Law Society of Botswana as Amicus Curiae) [2016] 2 BLR 82 (HC)
• Kgaogano v Botswana Defence Force Commander and Another [2016] 2 BLR 428 (HC)
• Khupe and Others v Karong Clinics [2016] 2 BLR 462 (IC)
• Khwae v Bekker [2016] 2 BLR 337 (HC)
• Knab v Attorney-General and Another [2016] 2 BLR 599 (HC)
• Kobedi and Another v Director, Regional Operations (Kgatleng) and Others [2016] 2 BLR 587 (HC)
• Koko v Kabomo's Transport [2016] 2 BLR 295 (IC)
• Komatsu Botswana Insurance v Mirimex Holdings t/a Ihawu Holdings (Pty) Ltd and Another [2016] 2 BLR 510 (HC)
• Law Society of Botswana v Dingake and Others; In Re: Dingake and Others v President of the Republic of Botswana and Others [2016] 2 BLR 76 (HC)
• Leburu v Mosinyi and Others [2016] 2 BLR 469 (HC)
• Lenmed Health Bokamoso Private Hospital v Estate of the Late Rosemary Sebele and Another [2016] 2 BLR 574 (HC)
• Leretlwa (Pty) Ltd v Sebataladi [2016] 2 BLR 177 (HC)
• Mabapi Estates (Pty) Ltd v Pansiri [2016] 2 BLR 135 (HC)
• Manthe v Maine and Another [2016] 2 BLR 315 (HC)
• Manyothwane v Malet Supplies & Construction (Pty) Ltd [2016] 2 BLR 559 (HC)
• Masole v Attainer Plus (Pty) Ltd [2016] 2 BLR 301 (IC)
• Matabate v Ramosamo [2016] 2 BLR 409 (CA)
• Mokgethi and Another v Otlhomile [2016] 2 BLR 543 (CA)
• Molatlhegi v Botswana Red Cross Society [2016] 2 BLR 67 (HC)
• Mooney and Another v Mehta and Others [2016] 2 BLR 35 (HC)
• Moroka v Malomo [2016] 2 BLR 146 (HC)
• Motswaiso v Botswana Land Board & Local Authorities & Health Workers' Union and Another [2016] 2 BLR 139 (HC)
• Moyo v The State [2016] 2 BLR 583 (HC)
• Musa v National Development Bank and Another [2016] 2 BLR 393 (CA)
• Nechironga v Attorney-General [2016] 2 BLR 181 (HC)
• Nkhwa v Urban Security [2016] 2 BLR 405 (CA)
• Nkomo v Seung Ki Cho & Seloma Tiro (Pty) Ltd; In Re: Seung Ki Cho & Seloma Tiro (Pty) Ltd v Nkomo [2016] 2 BLR 451 (HC)
• Ntswelebe and Others v Motiganz Diamond Group [2016] 2 BLR 326 (IC)
• Nuwagaba v Phakalane Estates (Pty) Ltd [2016] 2 BLR 189 (HC)
• Oganne and Others v Truck Hire (Pty) Ltd [2016] 2 BLR 474 (IC)
• Raditloaneng v Moatshe and Others [2016] 2 BLR 432 (HC)
• Rahube and Others v Botswana Nurses Union and Others [2016] 2 BLR 6 (HC)
• Rakgafela v House & Home [2016] 2 BLR 305 (IC)
• Ramogale v Botswana Meat Commission [2016] 2 BLR 312 (IC)
• Rapitsenyane v Letsatsi; In Re: Letsatsi and Another v Rapitsenyane and Another [2016] 2 BLR 570 (HC)
• Rathari v Sethebethe [2016] 2 BLR 442 (HC)
• Rutang v The State [2016] 2 BLR 201 (HC)
• Scania Finance Southern Africa (Pty) Ltd v Makhura and Sons (Pty) Ltd and Others [2016] 2 BLR 333 (HC)
• Sechele and Others v Ngwato Land Board [2016] 2 BLR 359 (HC)
• Sesana and Others v Attorney-General [2016] 2 BLR 562 (HC)
• Stanojlovic v Ribbon Investment (Pty) Ltd t/a Mochudi Center Chiefs [2016] 2 BLR 59 (IC)
• State v Keakabetse [2016] 2 BLR 132 (HC)
• The State v Ndjavera [2016] 2 BLR 457 (HC)
• Tiro (Nee Mphinyane) v Tiro [2016] 2 BLR 548 (HC)
• Tlhabanelo v Olebile; In Re: Olebile v Tlhabanelo [2016] 2 BLR 224 (HC)
• Tlhowe and Others v Furnmart Furniture (Pty) Ltd [2016] 2 BLR 53 (IC)
• Tshenolo v Keatametse [2016] 2 BLR 208 (HC)
• Tshukudu v Director of Public Service Management and Another [2016] 2 BLR 43 (IC)
• V3 Synergy (Pty) Ltd v Kimbo Investments t/a Food Lover's Market [2016] 2 BLR 421 (HC)
• Wright v SDM Switchboards [2016] 2 BLR 228 (IC)
• Yarona FM (Pty) Ltd v Bak2skul (Pty) Ltd and Another [2016] 2 BLR 500 (HC)
• Rathari and Others v Kwena Rocla (Pty) Ltd [2015] BLR 310 (IC)

Legal Practice Act 28 of 2014 & Rules and Regulations 2e
Legal Research
Labour Mini-library (8-volume set)
Superior Courts Act 10 of 2013 & Magistrates’ Courts Act 32 of 1944 and Rules & Periodic Time Charts 2019