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Recent Judgments
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Failure to prove and pronounce common purpose vitiated mandatory life sentence under s 51(1); appellate court imposed 25 years.
Sentence — minimum sentences — Criminal Law Amendment Act 105 of 1997 ss 51(1) and 51(2) — scheduled feature (common purpose) must be pleaded, proven and pronounced before s 51(1) sentence may be imposed — s 51(2) not a fallback for s 51(1) — misdirection vitiating sentence — appellate court entitled to impose sentence afresh under common law.
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11 December 2025 |
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Cession to the plaintiff was valid without debtor consent; defendants failed to prove termination, judgment awarded for outstanding rentals.
Cession – validity of transfer of creditor’s rights – cession vs assignment – debtor consent not required absent contractual restriction – notification of cession – typographical errors do not invalidate cession – burden to prove termination by mutual agreement – certificate of balance prima facie proof of indebtedness – costs on attorney-and-client scale.
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11 December 2025 |
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High Court will not enforce another court’s order absent good and sufficient reasons; application dismissed.
Contempt of court; jurisdiction — High Court’s inherent jurisdiction to enforce another court’s order; s 106 Magistrates’ Courts Act; requirement of good and sufficient reasons; civil v criminal committal; declaratory relief.
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10 December 2025 |
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Court suspended execution of mortgaged property demolished for safety, allowing time to pursue third‑party claims and equitable resolution.
Mortgage bonds – Default judgment – Rule 46A and s26 constitutional protection of the home – Execution of demolished property – Suspension of execution to permit investigation of third‑party claims and equitable resolution – Reserve price for sale in execution.
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10 December 2025 |
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Execution pending appeal under section 18 requires exceptional circumstances plus proof no irreparable harm will be suffered by occupiers.
Property law / PIE eviction — section 18(3) execution pending appeal — cumulative requirements: exceptional circumstances; irreparable harm to applicant; proof that respondents will not suffer irreparable harm — admission of further evidence on appeal — de bonis propriis costs for wasted hearing attendance.
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10 December 2025 |
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Urgent application struck; SARS joined and statutory detention under the Customs Act held lawful, spoliation unavailable.
Customs and Excise Act — detention of goods under ss.87, 88 and 102; Rule 12 joinder of SARS as detaining authority; urgency requirements for urgent relief; spoliation cannot lie against lawful statutory detention.
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10 December 2025 |
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The appellant could rescind a credit-sale for latent defects; the bank was a supplier and CPA protections for the goods applied.
Law of contract — actio redhibitoria for latent defects — buyer’s right to rescind a sale; Interpretation of credit agreements — supplier versus credit provider; Consumer Protection Act applicability to goods financed under the National Credit Act; Waiver — conduct and objective intention; Section 69 CPA — exhaustion of remedies and counterclaims in court chosen by claimant.
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10 December 2025 |
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Arrest held lawful on reasonable suspicion, but detention beyond statutory period unlawful—R150,000 awarded.
Criminal procedure — Arrest without warrant — s 40(1)(b) CPA — objective reasonable suspicion; Detention — s 50 CPA — 48‑hour rule — unlawful continued detention; Quantum for unlawful detention.
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10 December 2025 |
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Urgent stay of execution refused: agreed taxation not reviewable under Rule 48; application dismissed with attorney‑and‑client costs.
Taxation of costs — Rule 48 review — agreed taxation vs taxing master’s ruling — Rule 45A stay of execution — self‑created urgency — attorney and client costs.
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10 December 2025 |
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Whether delay and late voluminous discovery justified striking the prosecution from the roll under s 342A of the CPA.
Criminal Procedure s342A — delay in completion of proceedings — factors for assessing reasonableness of delay; admissibility of affidavit evidence containing hearsay; voluminous discovery and complex corruption/money laundering allegations; vacating reserved trial dates; pre-trial roll enrollment.
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9 December 2025 |
Recent Legislation
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Health and Food Safety
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Government Notice 6939 of 2025 | 10 December 2025 |
| Government Notice 6908 of 2025 | 5 December 2025 | |
| General Notice 3673 of 2025 | 5 December 2025 | |
| General Notice 3676 of 2025 | 5 December 2025 | |
| Board Notice 859 of 2025 | 5 December 2025 | |
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Human Rights
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Government Notice R6900 of 2025 | 5 December 2025 |
| Government Notice 6907-A of 2025 | 5 December 2025 | |
| Government Notice 6907 of 2025 | 5 December 2025 | |
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Business, Trade and Industry
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Health and Food Safety
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Provincial Notice 366 of 2011 | 1 December 2025 |
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Infrastructure and Transportation
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Public administration
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Proclamation 299 of 2025 | 28 November 2025 |
Recent Gazettes
| 5 December 2025 | |
| 5 December 2025 | |
| 5 December 2025 | |
| 5 December 2025 | |
| 4 December 2025 |
Courts
High Courts
- High Court of South Africa Eastern Cape, Bhisho
- High Court of South Africa Eastern Cape, East London Local Court
- High Court of South Africa Eastern Cape, Grahamstown
- High Court of South Africa Eastern Cape, Mthatha
- High Court of South Africa Eastern Cape, Port Elizabeth
- High Court of South Africa Free State, Bloemfontein
- High Court of South Africa KwaZulu-Natal, Durban
- High Court of South Africa KwaZulu-Natal, Pietermaritzburg
- High Court of South Africa Limpopo, Polokwane
- High Court of South Africa Limpopo, Thohoyandou
- High Court of South Africa Mpumalanga, Mbombela
- High Court of South Africa Northern Cape, Kimberley
- High Court of South Africa North Gauteng, Pretoria
- High Court of South Africa North-West, Mafikeng
- High Court of South Africa South Gauteng, Johannesburg
- High Court of South Africa Western Cape, Cape Town
Old Jurisdictions
- Cape of Good Hope Provincial Division
- Eastern Cape Division
- High Court of South-West Africa
- High Court of the Orange River Colony
- Natal Provincial Division
- Northern Cape Division
- Orange Free State Provincial Division
- South East Cape Local Division
- Supreme Court of the Cape of Good Hope
- Supreme Court Orange Free State Provincial Division
- Transvaal Provincial Division
- Witwatersrand Local Division
Collections
Case indexes
Legislation subject areas
- Agriculture and Land
- Arts and Culture
- Business, Trade and Industry
- Citizenship and Immigration
- Communications and Media
- Dispute Resolution and Mediation
- Education
- Energy and Natural Resources
- Environment, Climate and Wildlife
- Finance and Money
- Health and Food Safety
- Human Rights
- Infrastructure and Transportation
- International Law
- Labour and Employment
- Peace and Security
- Public administration
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