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History of this document
04 June 2007
Commenced
Note: Date of commencement of section 21(1), 22(1), 23(1), 24(1) and 26(1)(b)
01 April 2006
Commenced
Note: Date of commencement of section 28
01 February 2006 this version
Commenced
27 January 2006
Assented to
Cited documents 0
Documents citing this one 50
Gazette
41Judgment
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Reported
Pleadings failed to disclose a cause of action: tacit exclusive-occupation term inconsistent with express maintenance clause and instalments payable in advance precluded withholding.
Exception—failure to disclose cause of action; Contract interpretation—tacit term v express terms; Maintenance clauses—Trust’s right to effect repairs and recover costs; Reciprocity and exceptio non adimpleti contractus—payment in advance excludes withholding instalments; Pleadings—requirement to plead facts enabling computation of remission.
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Reported
"Land Bank valuation" in a will denotes valuation by Land Bank criteria, not necessarily valuation performed by the Land Bank.
Will interpretation – testamentary condition giving right of pre-emption at "Land Bank valuation" – meaning is valuation according to Land Bank criteria, not necessarily by the Land Bank – condition capable of fulfillment by a valuer conversant with those criteria; distinction between Land Bank/farming (surface) value and open market value considered.
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The applicants' Rule 21 demand for extensive particulars was dismissed; the respondent’s replies were adequate and issues are evidentiary.
* Civil procedure – Rule 21 – Further particulars – Only particulars "strictly necessary" to prepare for trial may be compelled; evidentiary matters and document production are for trial or Rule 35.
* National Credit Act – relevance of affordability assessments, s 129/130 notices and reckless-lending (s 80) allegations may be litigated at trial as matters of evidence.
* Abuse of particulars requests – cannot be used to obtain admissions or substitute for discovery.
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Default judgment rescinded where the credit provider failed to comply with the peremptory section 129 NCA notice requirements.
* National Credit Act (s129, s130) – Notices by registered post – proof requires sending to correct post office, Post Office notification, and that notification reached consumer; peremptory gateway to litigation. * Rescission – default judgment rescinded where credit provider failed to comply with s129 requirements. * Relationship of authority – Kubyana and Amardien clarify and limit earlier decisions (Sebola, Ferris) on dilatory versus peremptory effect of s129 non‑compliance.
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Complainant's intellectual disability renders her incapable of consenting to sexual intercourse, affirming conviction.
Criminal law - Sexual offences - Consent - Intellectual disability restricts capacity to consent - Knowledge of inability to consent.
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Reported
Conviction confirmed; sentence reduced to R500 or 30 days; firearm disqualification set aside; magistrate's insulting conduct condemned.
* Criminal procedure — s 112(1)(a) plea — exercise caution where accused is unrepresented; sentencing — fine versus alternative imprisonment — proportionality and competence under s112; Firearms Control Act s103(1) — disqualification requires listed offences or imprisonment without option of a fine; Judicial conduct — duty to treat accused with dignity; Review — sentence imposed by additional magistrate subject to section 302(1) review.
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Small Claims Court may hear National Credit Act claims; applicant failed to prove respondents were vexatious litigants.
Small Claims Court jurisdiction – National Credit Act disputes within monetary limit; acknowledgement of debt may constitute credit agreement; peremptory NCA requirements (ss 81, 129, 130) non‑compliance may afford defences; joinder and rescission remedies lie in Small Claims Court; Vexatious Proceedings Act protects against future vexatious litigation only; High Court inherent jurisdiction limited to its own processes; high common‑law threshold for declaring litigant vexatious.
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Court declined to declare a qualification sufficient for nursing admission, referring equivalence and admission questions to statutory bodies.
Education law; NQF Act; SAQA and DHET competence to determine equivalence of post-school qualifications; Nursing Act and SANC competence to set admission requirements; separation of powers — court refuses to usurp administrative functions; interim interdict preventing SETA from giving unconfirmed information.
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Act
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Dispute Resolution and Mediation
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Peace and Security
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