Court Code

Civil Procedure-Urgent application-review of a decision of Chairperson of Player's Status Committee-grounds of review­ wrongfulness, unlawfulness, irregular and unreasonableness­ Chairperson dismissed application for postponement of proceedings before him-applicant had applied for postponement of same-basis for postponement-short notice­ applicant sought to instruct an attorney. Civil Procedure-Costs follow event-Sixth respondent to pay applicant's costs.

The accused were found guilty of murder with direct intention­ extenuating circumstances found to exist-principle of the triad restated-accused sentenced to twenty-four years-sentences backdated to the time they were first taken into custody.

Civil law-Civil Procedure-application-dispute of fact arising-where disputes of fact that are irresoluble on the papers, the court has a discretion either to refuse the application or to refer the matter for oral evidence on the disputed issues

Civil Practice-plaintiff's claim against third defendant arises from an alleged estate agency agreement that was entered into and executed through its servant; Sibonelo Mamba-It is alleged that Mamba made certain representations that were negligent and or unlawful­ representations which resulted in damages suffered by the plaintiff. Civil Procedure-Application for the instance made at close of plaintiff's case by third defendant-test for absolution from the instance-application for absolution from the instance dismissed with costs.

Civil law and Procedure-application for summary judgment­ plaintiff entered into oral agreement with defendants to provide legal services-plaintiff's bill disputed by defendants-defendants

Criminal law-Criminal  Procedure-accused charged with three counts of murder and one count of contravening the Arms and Ammunition Act, 1964-accused pleaded not guilty to all counts and  said he acted in private defence-requirements of private defence-unlawful attack which has commenced or is imminent-defensive act should be necessary to protect interest threatened-defensive act directed against attacker-attack should be reasonably proportionate to the attack.

Criminal law-Criminal Procedure-accused found guilty on three counts of murder and one count of contravening Arms and Ammunition Act, 1964-extenuating circumstances    principles restated-extenuating circumstance exist-consideration of principles of the triad-personal circumstances of the accused to give way to seriousness of the crimes and interests of the families of the deceased-accused sentenced to twenty years on each of the counts of murder-accused sentenced to five years imprisonment with the option to pay a fine of five thousand Emalangeni for possession of a firearm and rounds of a

Criminal Procedure-Criminal law-accused charged with attempted murder-accused pleads guilty-Crown led evidence to prove commission of offence-when accused led evidence he stated that he acted in private defence­ complainant stabbed accused on knee-accused stabbed complainant on chest and on shoulder blade-complainant version not without blemish-Crown did not discharge onus of proof beyond reasonable  doubt-accused acquitted and discharged.

The accused were convicted of culpable homicide­ consideration of the triad-accused each sentenced  to eight years imprisonment-two years of which are hereby suspended for a period of three (3) years, on condition that each of the accused are not, during the period of suspension, found guilty of a crime in which violence to the person of another is an element-Sentence will take into account the period of eight months that the accused have spent in custody since 30 March 2022.

Criminal law-Criminal Procedure-The accused persons were charged with murder with a common purpose-They pleaded not guilty to the charge-At the time they pleaded, they were represented by Mr M Dlamini-During the course of the trial, the accused were subsequently represented by Ms N Ndlangamandla who informed the Court that the accused were now pleading guilty to culpable homicide-The Crown did not accept the plea of guilty to culpable homicide tendered by the accused during the continuation of the trial.