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Other records show that members of the Barber family paid yearly rent for farms or booths in High Peak. There was no fixed spelling in those days which changed with each generation.

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It was her brother, Dr. Frederick was studying at Heidelburg University, Germany, with his cousin Dr. She was a truly remarkable woman and South Africa has produced few to rival her with brush and pen and her knowledge of Botany, natural history and entomology was outstanding. They were with their parents in the rush to the diamond fields in Harry was gored by a buffalo on the Gwaai River in Fred nursed his brother for three months.

On another occasion Harry was mauled by a leopard - on his left shoulder, cheek and neck, leaving honourable scars of this adventure.

As early as Fred went on a hunting expedition to the Victoria Falls. They went on the Hunters Road through Bechuanaland via Pandamatenga, left the wagon and did the last sixty miles on foot.

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The brothers knew King Lobengula well, but were held hostage on one occasion when he was anticipating trouble which fortunately did not materialise. After the founding of Barberton in the brothers went to the Rand where they held positions of importance, made and lost fortunes They were buried in Eldoret.

He has no family. There are several grandchildren". He is the second son of Frederick William Barber, and grandson of Thomas Barber, the famous artist, of Nottingham, England, and was born at Highlands, near Grahamstown, being educated by private tuition. In the year , he proceeded with his family to Kimberley in quest of wealth from the newly discovered diamond mines. Success attended the diggers here and also on the New Rush or Colesberg Kopje, where they worked for several years.

During the years Mr. Barber devoted his time to travelling and hunting, his range being within the Waterberg and Zoutpansberg districts, where big game was then plentiful.

In he visited Matabeleland, and made the acquaintance of Lobengula. More hunting ensued, but, on his return, he was detained in Bulawayo as a hostage by Lobengula owing to the political intrigues of Mr. The rush for gold at the De Kaap Mines brought Mr. Barber to that place prospecting, and his brother, who was with him, was the lucky discoverer of the first payable reef on Government ground. The event created an influx of diggers to the spot, which became known as "Barber's Camp," and, finally, as the place grew, it took the name of Barberton, after the brothers. The following year Mr.

Barber again went prospecting, and one of his party discovered another reef, from which sprang the small mining village of Avoca. On the discovery of gold at Witwatersrand, Henry Barber took up his residence there, and, with the help of his brother, assisted materially in the flotation of several important companies. His thirst for adventure and strong roving propensities brought him into contact with much of the interior of South Africa, and afforded him a wide knowledge of the country and its advantages and defects.

A keen sportsman, he has shot much big game, including seven lions, but his almost too fearless nature nearly led to a fatality by a tiger on the Sabi River, and he was once badly gored by a buffalo. Negligence - Claim for pure economic loss based on omission — No evidence that the insured had instructed the insurance broker to amend beneficiary on a policy — The appellants, as disappointed beneficiaries, failed to establish negligence on the part of the insurance broker.

Contract — offer to purchase immovable property irrevocable up to a stated date — effect of date passing — offer not lapsing but becoming revocable — acceptance of offer after stated date effective to constitute a binding contract. Income tax - whether proceeds of sale of shares revenue or a receipt of a capital nature - dominant purpose of acquisition of shares long term capital investment to rescue a distressed business - at time of acquisition sale of shares at a profit contemplated only as one of several possibilities to be explored at the appropriate time in future - subsequent sale of shares unsolicited and fortuitous - proceeds a receipt of a capital nature - cross-appeal - calculation of base cost for capital gains tax purposes - inclusion of indemnity payment.

Interpretation — sections 9 4A and 11 2A c of the Insolvency Act 24 of — couched in peremptory terms — failure to furnish petition and — failure to serve provisional order on the South African Revenue Service constitutes non-compliance — petition furnished but provisional order not served on SARS — final order of sequestration set aside. Prescription — application of ss 11 and 12 3 of the Prescription Act 68 of — claim to recover sum of money deducted through unauthorised debit order payments — appeals in respect of the special pleas of prescription dismissed.

The Rules and practice of Parliament and its failure, and that of the Minister of Arts and Culture, to publish all statutes in all official languages does not constitute unfair discrimination in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of Undertaking to pay amounts due in terms of a building contract to third party - failure to do so giving rise to claim for damages - claim not precluded by virtue of subsequent cancellation of building contract. Appealability — interlocutory application — appealable under s 17 1 of the Superior Courts Act 10 of Rule 35 14 — appellants failed to demonstrate that the documents sought are relevant to a reasonably anticipated issue in the main application.

Labour Law — concurrent and exclusive jurisdiction of the Labour Court and the High Court — dispute based on non-adherence to disciplinary procedures provided in the constitution of a trade union — s 1 e of the Labour Relations Act 66 of — matter within exclusive jurisdiction of the Labour Court.

Administrative law — validity of decision to award tender — whether successful tenderer had duty to disclose business rescue application — whether tender requirements were met — appropriate remedy in the circumstances — whether exceptional circumstances exist to justify the grant of a substitution order — on the facts, exceptional circumstances established.

Claim by insolvent on behalf of his insolvent estate for the payment of damages by his trustees in terms of s 82 8 of the Insolvency Act 24 of — section 82 8 does not find application where the trustees sold immovable properties of the estate prior to the second meeting of creditors — sale of the immovable properties of the estate valid and enforceable — claim for damages dismissed. Investment agreement — express and tacit terms — breach — damages — heads of damage — claims not excluded by rule in Foss v Harbottle — declaration of delinquency in terms of section 5 c of the Companies Act 71 of — section applies in cases of substantial misconduct by directors — not retrospective in its operation — section a rational response to the problem of delinquency by directors — not unconstitutional — circumstances justifying the making of a declaration of delinquency.

Delict - claim for damages for abuse of rights - requirements of such a claim - requirements not established. Review — a high court of two judges sitting as a review court is a court of first instance as contemplated in s 16 1 a of the Superior Courts Act 10 of — that court is thus empowered to grant leave to appeal to the Supreme Court of Appeal in terms of s 16 1 a ii — duress allegedly exerted by legal representatives on appellant to plead guilty to theft not borne out by the facts.

Delict — pure economic loss — shareholder suing for diminution in the value of his shareholding — wrong committed against company, not shareholder — shareholder not entitled to recover loss. Prescription - cession of a claim - action instituted by cedent against the debtor - claim ceded after litis contestatio and substitution of cessionary for cedent not objected to - debt not prescribed in terms s 15 2 and 6 of the Prescription Act 68 of Purchase and sale - sale of business, inclusive of goodwill - implied prohibition against seller canvassing customers of sold business - prohibition a term implied by law - only seller bound by it.

Wills Act 7 of , section 4 — whether deceased had testamentary capacity to execute a will — Expert evidence — court must be satisfied with the reasoning which led to conclusion by expert witness- held testatrix not of sound mind at time of execution of will.

Trade Marks Act of — s 21 read with s 45 3 thereof empowers the Registrar of Trade Marks to condone the late filing of opposition to an application for the registration of a trade mark and extend the three month period prescribed for the filing of opposition. Application for condonation under s 3 4 of Act 40 of - requirements of - good cause established for condonation. Prescription — when does prescriptive period commence — agreements of sale of erven not yet created — appellants claimed specific performance of ancillary obligations under the agreements — special plea of prescription raised — respondent contended that prescription commenced on conclusion of the agreements — prescription could only commence when sale agreements enforceable — special plea of prescription dismissed.

Application for the reinstatement of a patient, 30 years old, functioning at the level of a child three years of age, at a community mental health facility — patient a danger to herself, other occupants and staff — institution lacking resources to cope — audi principle had been extensively applied — application dismissed in the high court — application for leave to appeal to SCA — dismissed — no reasonable prospects of success. Civil procedure: rescission application: based on alleged lack of jurisdiction of court that granted order of attachment ad fundandam et confirmandam jurisdictionem: ratio jurisdictionis present: no submission to jurisdiction established.

Reconsideration of an order refusing special leave by two judges of the SCA: test has stringent requirements as the threshold is now higher: whether the courts below, including the decision of the two SCA judges, ought to have granted leave or not: appellant failed to show special circumstances: special leave refused.

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Legality: an amendment by the Minister of Communications of the Digital Broadcasting Migration Policy in that did not follow a process of consultation was irrational and in breach of the principle of legality: amendment did not achieve its purpose and was thus irrational and invalid on that basis too: the Minister purported to bind regulatory authorities and broadcasters and thus acted ultra vires: amendment reviewed and set aside. Maritime law — associated ship arrest relying on deeming provision in s 3 7 c of the Admiralty Jurisdiction Regulation Act of the Act — charterer deemed to be owner of ship concerned — charterer includes a slot charterer — application for security in terms of s 5 2 c of the Act — requirements for — prima facie claim — reasonable and genuine need for security — factors relevant to exercise of discretion.

Apportionment of Damages Act 34 of — trial court erred in apportioning damages substantially in favour of respondent — negligence of the two drivers deviated in equal measure from the norm of the reasonable person — when appeal court may interfere with the narrow exercise of judicial discretion by trial court in apportioning damages.

Criminal law and procedure — appeal for leave to appeal against refusal by high court to grant leave to appeal brought by way of petition from the regional court - Supreme Court of Appeal does not have jurisdiction to hear the appeal directly from the regional court — trial commenced prior to promulgation of the Superior Courts Act 10 of — appeal must be determined in terms of the Supreme Court Act 59 of — appellant granted leave to appeal against the non-parole period of the sentence — s B of the Criminal Procedure Act 51 of Practice and procedure — application for admission as amicus curiae — rule 16 of rules of Supreme Court of Appeal — process to be followed — admission as amicus does not give rise to a right to make oral submissions — whether entitled to do so determined by Court hearing the appeal — party may only be admitted as amicus if it has new contentions to advance — what constitutes new contentions.

Interpretation of time-limitation clause in written services agreements: whether or not delictual claims are subject to the time-limitation clause: nature of interpretative process considered: delictual claims held not to be subject to the time-limitation clause. Criminal Procedure: Appeal against the refusal of a petition for leave to appeal by High Court before the commencement of the Superior Courts Act 10 of — No leave sought from the court refusing the petition — special leave to appeal granted against conviction by the Supreme Court of Appeal — order a nullity — Supreme Court of Appeal having no jurisdiction.

Criminal Law - whether the State proved beyond a reasonable doubt that appellant was guilty of murder and robbery where the only material evidence was that of an accomplice, a single witness found to be untruthful and whose evidence was not corroborated. Criminal Law and Procedure — disclosure — accused charged with possession of child pornography — whether prosecution obliged to furnish accused with copies of images said to constitute child pornography as part of pre-trial disclosure. Leave to appeal — refusal of application by two judges of the SCA in terms of s 17 2 of the Superior Courts Act 10 of — application to the President of the SCA in terms of s 17 2 f to refer the decision to the court for reconsideration and, if necessary, variation — a grave injustice constitutes exceptional circumstances.

Criminal Law and Procedure — mens rea — evidence — assault with hay hook across the chest of the deceased — piercing heart and severing rib — conviction of murder with intention in the form of dolus eventualis not correct.

Res judicata — appeal against decision of full court dismissed — full court correct in upholding appeal against decision of court of first instance which had wrongly found matter to be res judicata. Company law — Enquiry in terms of ss and of the Companies Act 61 of — summons to attend — application to set aside summons — abuse of process — what constitutes — fact that the issues canvassed may overlap with issues in pending or contemplated civil litigation not as such a ground for inferring abuse.

Criminal Law: Whether the State proved beyond a reasonable doubt that appellants are guilty of murder where the only evidence is that of an accomplice, warned in terms of s of the Criminal Procedure Act 51 of , who was found to be untruthful and whose evidence was uncorroborated. Application to set aside business rescue proceedings — creditors have a direct and substantial interest — non-joinder of creditors is fatal to the relief sought in the application.

Parliament — suspension of member — for refusal to retract a statement ruled unparliamentary. An objector to an application for land development is not entitled to review a decision on the basis that it has not had a hearing prior to the decision being made when in fact it has been heard on more than one occasion and in more than one forum. Land: unlawful occupation of land owned by provincial government: occupiers of farm land interdicted from taking further occupation of additional land and erecting new structures: did not have consent of owner to settle on additional land and were not deprived of any right unlawfully.

Pension Funds Act 24 of — s 30N — discretion conferred on Pension Funds Adjudicator to determine whether interest shall accrue where determination consists of an obligation to pay money, and the rate at which, and date from which it accrues. Local authority — powers and duties when providing temporary accommodation — rules of a shelter providing temporary accommodation in an emergency are not unconstitutional — appeal upheld.

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Contract: Lease agreement — landlord and tenant — reciprocity of obligations — obligation on lessor to provide peaceful and undisturbed occupation in return for rental from lessee. Trade marks and passing off : contested proprietorship of confusingly similar registered trade marks : application and counter-application for expungement of trade marks from register and consequential relief : mark originating from first respondent, a German based company and holding company of a subsidiary which introduced its machines and components into South Africa bearing the mark indicating provenance : years later ownership in subsidiary relinquished : commercial relationship continuing : no acquisition of proprietorship by former subsidiary : licensee and not licensor : ineffective assignment of rights not validly held.

Constitutional law — tender — cancellation of — decision to cancel made in exercise of executive authority — decision not constituting administrative action — reasons for cancellation not offending principle of legality.

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Town planning scheme — interpretation thereof — dwelling house — what constitutes — local authority proposing to permit temporary informal houses to be constructed on land zoned Residential 1 where dwelling houses could be constructed without further consent — informal houses satisfied the zoning requirements — scheme also empowered the local authority to use land for purposes not in accordance with zoning where it deemed it beneficial to the community or surrounding area.

Review — municipality — illegal building — sections 7 and 21 National Building Regulations and Building Standards Act of the NBSA — adjacent property owner — locus standi at common law — demolition order — exercise of discretion — stark dichotomy between discretion at common law and discretion in terms of s 21 of the NBSA.

Contract - floor plan agreement FPA - Sale and financing of motor vehicles - reservation of ownership until receipt of payment - payment not received — rei-vindicatio - estoppel - possessor not acting reasonably in construing representation by owner that seller entitled to pass ownership — any representation ambiguous — possessor obliged to enquire from owner as to true position — possessor obliged to return vehicle. Delict — claim for future loss of earnings — applicable contingency percentage rate to be deducted for pre-morbid future loss of earnings — discretion of the trial court to make a subjective estimate — court of appeal may not interfere unless the trial court has misdirected itself — contingency percentage rate to be deducted reduced.

Appellant convicted of rape and indecent assault - sexual intercourse with sixteen year-old girl who has a mental capacity well below her age - consent alleged - consent can only be given by person capable of consenting - expert evidence proving complainant incapable of consenting - appeal dismissed. Declaratory order — should not be issued where dispute has become only of academic interest and where rights of the parties are not determined.

Contract — interpretation — contract not too vague to be enforceable. Building contract: performance guarantee found to be conditional guarantee akin to suretyship. Sentence — leave to appeal — misdirections by trial court — failure to take account of time in prison awaiting trial — failure to make allowance for the fact that both offences constituted a single criminal occurrence. Interpretation of statute: National Credit Act 34 of section 12B 1 b inserted by National Credit Amendment Act 19 of section has no retrospective application and did not invalidate the agreement relied upon by the respondents: summary judgment correctly granted.

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