Court Code

Appeal – Sentence – Attempted rape, read with provisions of s 18 of Riotous Assemblies Act 17 of 1956 – Substantial and compelling circumstances – Sentencing court – Incumbent upon a court in every case, before it imposes a mandatory minimum sentence, to assess, upon a consideration of all the circumstances of the particular case, whether the prescribed sentence is indeed proportionate to the particular offense – Court a quo omitte

Civil Procedure – Cancellation of Sale in Execution and claim for damages by the Deputy Sherriff discussed – Rule 110(10) and (11) envisage two separate and distinct scenarios. Rule 110(10) deals with the cancellation of the sale in execution in the situation where a purchaser failed to comply with the conditions of sale.

Administrative Law - Rules of the High - specific discovery in terms of rule 76(6) - Differences between discovery in terms of rule 28 and 76 - The importance of the issue of relevance in both actions and review proceedings – Legislation - Secrecy of documents - Section 6 of the Minerals (Prospecting and Mining) Act 33 of 1992 (‘the Act’).

Practice – Absolution from the instance – Court applying the trite test – Court holding that the plaintiff has not placed before court evidence upon which a court could or might find for the plaintiff – Application for absolution from the instance granted.

Public Procurement Act 15 of 2015 – Section 55 – a bidder who is dissatisfied with an award made by a public entity may apply to the public entity for that entity to reconsider its award and the public entity must determine the application to reconsider an award by a dissatisfied bidder if such application is made – these requirements in s 55(4A) must be met or complied with before a review panel can exercise the power