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Citation
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Judgment date
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| September 2018 |
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Reported
A judgment in rem (eg declaring a tender unconstitutional) cannot be set aside by private settlement without court-sanctioned merits assessment.
Constitutional law; administrative law; procurement – judgment in rem declaring tender invalid under s 217 – parties cannot, by private settlement on appeal, set aside such in rem orders without appellate court independently sanctioning and giving reasons – requirements for making settlement agreements orders of court (Eke).
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27 September 2018 |
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Reported
Minister’s nondisclosure of parallel decision‑making constituted gross negligence warranting a personal costs order.
Costs — personal liability of public officials — appointment of parallel work streams and non‑disclosure to Court — bad faith, recklessness and gross negligence — separation of powers — section 38 inquiry — referral to National Director of Public Prosecutions for possible perjury.
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27 September 2018 |
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Reported
Admission of co‑accused’s extra‑curial statement post‑Nkosi was erroneous but harmless; ballistics evidence sustained the conviction.
Evidence – Extra‑curial statements against co‑accused – Nkosi restores inadmissibility of such statements; effect of their admission on fairness of trial. Evidence – Hearsay and circumstantial evidence – Ballistics linking firearm to fatal shots can independently sustain conviction. Appeal – Appellate restraint – factual findings below will not ordinarily be disturbed. Procedure – Condonation for delayed application; jurisdiction assumed but not decided.
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27 September 2018 |
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Reported
Res judicata prevents re‑litigation; trial and sentencing complaints lacked prospects, so leave to appeal refused.
Constitutional right to fair trial (s 35(3)) – res judicata – criteria for relaxation of res judicata (Molaudzi) – admissibility and effect of post-trial DNA evidence in gang-rape context – language of proceedings and interpretation obligations – Minimum Sentences Act and requirements for informing accused – sentencing: consideration of substantial and compelling circumstances (Rammoko).
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27 September 2018 |
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Reported
A court’s refusal to hear present potential shareholders renders its order erroneously granted and subject to rescission.
Company law; joinder of necessary parties – potential shareholders with direct and substantial interest must be joined or heard before judgment. Civil procedure; rescission under rule 42(1)(a) – an order is erroneously granted where a court refuses audience to a party and proceeds to decide matters affecting that party. Constitutional law; section 34 access to court – courts must interpret "absence" in rule 42(1)(a) to protect the right of access and fair hearing. Costs – respondents ordered to pay costs, including two counsel.
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25 September 2018 |
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Reported
Whether a pension‑regulator must investigate cancellations and whether PAJA review was the proper remedy.
Pension funds — deregistration of orphan funds — public functionary’s investigatory duty — appropriate remedy for challenging cancellations (PAJA review v legality review) — public interest standing — adequacy of administrative investigations — costs (Biowatch principle).
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20 September 2018 |
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Reported
Criminalising an adult’s private use, possession or cultivation of cannabis for personal consumption violates the constitutional right to privacy.
Constitutional law — Right to privacy (s14) — Criminalisation of adult private use, possession and cultivation of cannabis — limitation test (s36) — State failed to justify blanket prohibition — reading‑in and suspended declaration as remedy; scope: ‘in private’ and ‘private place’ (cultivation) versus ‘private dwelling’; purchase/sale/trafficking not decriminalised.
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18 September 2018 |
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Reported
An arbitrator’s contextual, reasoned decision reinstating workers for singing an offensive struggle song was not unreasonable and is upheld.
Labour law – arbitration award review – constitutional reasonableness (s 33) and Sidumo test – distinction between offensive struggle songs and explicit racist epithets – proportionality of sanction and reinstatement as remedy – courts’ role to review for unreasonableness, not to reweigh merits.
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13 September 2018 |
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Reported
Whether the President must invoke the full s 9/10 process or only publish notice and issue a certificate to implement a Commission kingship decision.
Customary law and traditional leadership — Interpretation of Traditional Leadership and Governance Framework Act — Meaning of ‘‘immediate implementation’’ in s 26(2)(a) — Whether President must invoke full s 9/10 process or only s 9(2) notice and certificate — Finality of Commission decisions on disputed kingships/queenships vs judicial review.
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11 September 2018 |
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Reported
Omission of Minimum Sentences Act from charge sheet does not automatically breach applicant’s fair‑trial rights; inquiry is fact‑specific.
Criminal law – Minimum Sentences Act s51(1) – omission of explicit reference in charge sheet; constitutional right to be informed of charge (s35(3)); section 84 Criminal Procedure Act – charge‑sheet requirements; prejudice and fairness – case‑by‑case factual inquiry; magistrates’ statutory duty to refer (s52(1)); leave to appeal and interests of justice.
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3 September 2018 |
| August 2018 |
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Reported
Limited six-month extension of suspension granted to avert disruption to social grants; applicants ordered to pay costs.
Social grants — extension of suspension of declaration of invalidity — just and equitable remedy — urgency and self-created delay — balancing prejudice to beneficiaries against finality and insufficiency of explanation — conditions: Treasury reports, audits, Panel of Experts, data-privacy safeguards — personal costs liability for public officials (bad faith or gross negligence) — applicants ordered to pay costs.
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30 August 2018 |
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Reported
Whether a post‑trial witness recantation constitutes "exceptional circumstances" warranting s17(2)(f) reconsideration.
Superior Courts Act s17(2)(f) – referral of SCA refusal of leave to appeal – exceptional circumstances required; two‑stage enquiry (fact of exceptionality then discretionary referral in interests of justice). Meaning of "exceptional circumstances" – rare, markedly unusual, case‑by‑case assessment; factors include seriousness, sentence, victims' and public interest, prospects of success. New evidence/post‑trial recantation – caution against reopening final trials; De Jager requirements for remittal (explanation for late evidence; prima facie likelihood/reasonable possibility of truth; material relevance). Duty to give reasons – where s17(2)(f) engages Constitutional Court jurisdiction, President should ordinarily provide reasons enabling informed challenge.
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29 August 2018 |
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Reported
Section 18 thresholds bind statutory rights but do not bar minority unions from bargaining for organisational rights; section 20 permits such agreements.
Labour law – Organisational rights – Interpretation of LRA sections 18 and 20 – Threshold agreements and minority unions’ right to bargain – Distinction between statutory organisational rights and contractual organisational rights – Mootness and interests of justice – Interaction with section 21(8C).
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23 August 2018 |
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Reported
A settlement-bought removal of the NDPP and successor appointment were unconstitutional; indefinite unpaid suspension is invalid.
Constitutional law – prosecutorial independence – National Prosecuting Authority Act – security of tenure of NDPP; settlement-induced removal and large payout undermine independence and are unconstitutional. Administrative/constitutional remedy – declarations of invalidity – just and equitable relief – suspension of declaration to allow Parliament to cure statutory defects; interim legislative-mandated safeguards. Statutory review – s12(4) and s12(6) NPA Act – extension of term and indefinite suspension without pay found constitutionally defective (s12(6) limited/suspended). Consequential appointments – acts taken by successor preserved pending re‑appointment; successor’s appointment invalid as consequential on unlawful removal. Repayment – recipient of unlawful public funds ordered to repay net amount received.
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13 August 2018 |
| July 2018 |
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Reported
Whether section 198A(3)(b) deems the client the sole employer of the applicant’s placed low‑paid workers after three months.
Labour Relations Act s198A(3)(b) — temporary employment services — interpretation of deeming provision; whether client becomes sole employer or TES and client remain joint employers; interaction with s198(2), s198(4) and s198(4A); purposive/contextual interpretation in light of LRA objects and BCEA alignment; protection of vulnerable low‑paid workers.
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26 July 2018 |
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Reported
Section 18(3) interim orders operate only pending appeal and fall away if the appeal removes their legal basis.
Superior Courts Act s 18(1)-(4) – interim orders pending appeal – s 18(3) requires proof of irreparable harm – such orders regulate interim position and fall away when the appellate decision removes their legal basis. Interim/consensual orders – consent order made ‘pending Constitutional Court determination’ is subject to the outcome of that appeal if premised on earlier interlocutory orders. Constitutional duty s 165(4) – State not obliged to comply with interim orders that have lost legal foundation due to reinstated retrospective declaration of invalidity. Mootness and interests of justice – executed eviction/handover rendered appeal academic; no discrete public-law issue warranting intervention. Res judicata/issue estoppel – prior dismissal of direct-access application for lack of prospects bars re-litigation of substantially similar relief.
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17 July 2018 |
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Reported
Policy prescribing rigid race/gender/date appointment ratios was arbitrary, irrational and unable to meet section 9(2) remedial requirements.
Constitutional law – equality (s9(2)) – remedial measures and Van Heerden test – reasonably capable of achieving substantive equality; Administrative law – legality/arbitrariness and rationality review; Insolvency law – ministerial policy under s158/Insolvency Act – displacement of Master’s discretion; Quotas and categorical appointment ratios; Treatment of citizenship date in remedial policy.
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5 July 2018 |
| June 2018 |
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Reported
Section 2C(1) of the Wills Act unlawfully excluded spouses in polygamous Muslim marriages from inheriting renounced benefits.
Wills Act — section 2C(1) — meaning of "surviving spouse" — exclusion of spouses in polygamous Muslim marriages — unfair discrimination on grounds of religion and marital status — dignity infringement — reading-in remedy to include husbands and wives of monogamous and polygamous Muslim marriages — limited retrospective effect.
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29 June 2018 |
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Reported
Whether the state is vicariously liable for an on‑duty police officer’s deliberate shooting of his partner using a service firearm.
Delict – vicarious liability – deviation cases – Rabie two‑stage test as developed in K and F – subjective (personal motive) and objective (sufficiently close link) inquiries. Constitutional law – role of constitutional norms and state obligations in the second leg of the Rabie test – consideration of creation of risk by issuing service firearms and simultaneous commission/omission. Police law – relevance of on‑duty status, uniform, use of service firearm and police transport in assessing closeness of link to employment. Procedural – Constitutional Court jurisdiction and leave to appeal: mere disagreement about application of established common‑law test does not automatically raise a constitutional issue.
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27 June 2018 |
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Reported
State must ensure recording, preservation and reasonable disclosure of private political funding information.
Constitutional law – Right of access to information (s 32) – Right to vote and political participation (s 19) – State duty to facilitate rights (s 7(2)) – Transparency and anti-corruption – PAIA constitutionality – Recordal, preservation and reasonable disclosure of private funding of political parties and independent candidates – PAIA deficient for excluding independent candidates and some political parties and for procedural obstacles – Parliament ordered to remedy within 18 months.
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21 June 2018 |
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Reported
The 20-year prescription bar in section 18 for most sexual offences is irrational and constitutionally invalid.
Criminal procedure — Prescription — Section 18 CPA — 20-year bar to prosecution of sexual offences other than rape/compelled rape — Whether distinction rational — Held irrational and arbitrary. Remedies — Declaration of invalidity suspended with interim reading-in to allow Parliament to remedy defect; retrospective effect to 27 April 1994. Evidence — Court admitted uncontested empirical material on delayed disclosure by survivors.
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14 June 2018 |
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Reported
Whether section 9 unlawfully empowers a national review board to usurp municipal planning and building-approval authority.
Constitutional law; separation of powers between spheres; municipal autonomy; interpretation of sections 155 and 156 and Schedule 4; validity of section 9 of the National Building Regulations and Building Standards Act; national review board’s appellate powers over municipal building-plan and planning decisions; remedy — prospective declaration and treatment of pending appeals.
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7 June 2018 |
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Reported
Court upholds firearm licence renewal and termination provisions as rational, non-vague, non-discriminatory and not arbitrarily depriving property.
Firearms law — Renewal and termination of firearm licences (s 24, s 28 Firearms Control Act) — Vagueness and rationality — Principle of legality — Equality (s 9) — Differentiation between termination by effluxion of time and administrative cancellation — Property (s 25) — Deprivation not arbitrary; compensation regime; public safety justification.
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7 June 2018 |
| May 2018 |
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Reported
An objective test (informed by apartheid history) governs whether a racial descriptor is derogatory; dismissal can be appropriate.
Labour law – racial descriptors in the workplace – objective test for derogatory/racist meaning; context must account for apartheid legacy; reasonableness review of CCMA award; dismissal appropriate where derogatory racial language, dishonesty and lack of remorse; substitution under s197 LRA.
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17 May 2018 |
| April 2018 |
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Reported
Absence of trial record in SCA special-leave proceedings from High Court does not automatically breach fair-trial rights.
Constitution s 35(3)(o) — right of appeal; adequacy of leave-to-appeal procedures; requirement (or not) of trial record for SCA special leave applications where High Court sat as first instance; distinctions between magistrates’ court and High Court appeals; interests of justice in granting leave.
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25 April 2018 |
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Reported
Court affirms independent statutory interpretation; administrative interpretations persuasive only in marginal cases; appeal refused.
Statutory interpretation – Value Added Tax Act ss 7(1), 8(5), 11(2)(n); administrative interpretations (SARS Interpretation Notes) persuasive but not binding; evidence of consistent administrative practice admissible to tip balance in marginal cases; courts must independently interpret legislation in a constitutional democracy; VAT payable on actual services supplied by vendors; zero-rating under s 11(2)(n) applies only to deemed supplies under s 8(5) for welfare organisations.
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25 April 2018 |
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Reported
The applicants’ claims that a state promise to pensioners is enforceable and not confined to PAJA proceed to trial.
Pension funds – Promise to maintain pension increases – Contractual, unlawful state action and unfair labour practice claims. Exceptions – Standard on exception: accept pleaded facts; avoid overly technical dismissal. Administrative law – Claims based on unconscionable state conduct and substantive legitimate expectation may lie outside PAJA (KZN principle). Labour law – Section 23(1) protection not confined to narrowly pleaded employer-employee relationships. Costs – Appeal upheld with costs, including two counsel.
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25 April 2018 |
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Reported
Recording of JSC deliberations is part of the rule 53 record unless confidentiality is lawfully and specifically established.
Administrative law — Rule 53 record — Scope of ‘record’ — Decision‑maker deliberations are presumptively relevant and may form part of the rule 53 record; exclusion requires a specific legally cognizable basis. PAIA does not automatically displace rule 53 disclosure; statutory or regulatory confidentiality cannot create a blanket bar to production of material necessary to vindicate access to court. Courts may order disclosure subject to strict confidentiality regimes where appropriate.
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24 April 2018 |
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Reported
An RRO may extend an asylum permit pending PAJA review; majority held renewal is obligatory until review finalises.
Refugee law – interpretation of section 22(1) and (3) of the Refugees Act – whether ‘outcome’ includes PAJA judicial review – non‑refoulement and purposive/constitutional statutory interpretation – obligation v discretion of Refugee Reception Officer to extend temporary permits pending review – protection of access to court, life, dignity and freedom and security of the person.
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24 April 2018 |
| March 2018 |
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Reported
Whether Prescription Act applies to s191 LRA disputes and whether a CCMA conciliation referral interrupts prescription.
Labour law — Labour Relations Act s191 disputes — interaction with Prescription Act — whether unfair‑dismissal claims constitute a "debt" for prescription purposes — whether CCMA conciliation referral interrupts prescription — distinction between procedural time‑bars (LRA condonation regime) and substantive extinctive prescription.
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20 March 2018 |
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Reported
Conviction upheld, but mandatory minimum sentence set aside because market value of seized drugs was not proven.
Criminal law — search and seizure — warrantless searches under Drugs Act and Criminal Procedure Act — Kunjana non-retrospective; Evidence — circumstantial and forensic evidence sufficient to uphold conviction; Sentencing — minimum sentences under Criminal Law Amendment Act (s 51(2), Part II Schedule 2) — ‘value’ means market value; market value must be proven at conviction stage (Legoa, Sithole); Failure to prove market value renders minimum sentence inapplicable and allows appellate interference; Condonation for late appeal.
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15 March 2018 |
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Reported
Leave to appeal refused where applicant’s prolonged non‑payment of maintenance threatened judicial integrity and the child’s best interests.
Family law — Enforcement of maintenance orders — Rule 46(1)(a)(ii) — Execution against immovable property — Non‑compliance with court orders and obligations to children — Proceedings analogous to contempt — Court integrity and best interests of the child — Exception to Biowatch costs principle — Attorney‑and‑client (punitive) costs awarded.
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1 March 2018 |
| February 2018 |
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Reported
Whether evidence about the nature of a CCMA conciliation may be admitted to determine Labour Court jurisdiction.
Labour law – CCMA conciliation – characterisation of dispute – rule 16 (pre-2015) – without-prejudice privilege – whether evidence of what was conciliated (nature of dispute) is admissible to determine jurisdiction; dismissal disputes (including constructive/automatically unfair) require prior referral to conciliation; referral form and certificate are prima facie but not necessarily conclusive evidence of the dispute conciliated.
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27 February 2018 |
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Reported
South African courts have extra‑territorial jurisdiction for terrorism; indiscriminate bombings not exempt under international humanitarian law.
Protection of Constitutional Democracy against Terrorist and Related Activities Act — extra‑territorial jurisdiction under s15(1) — "specified offence" not confined to financing; statutory interpretation of "with reference to"; s15(2) residuality; international obligations to prosecute or extradite. — s1(4) exemption for acts in struggle for national liberation — scope limited by international humanitarian law; indiscriminate bombings not exempt. — Criminal Procedure Act s317 special entries — low threshold for entry; exceptions where application is in bad faith, frivolous or an abuse of process. — Consular rights under Terrorist Bombings Convention/Article 7(3) — failure to inform is irregularity but must show prejudice to establish failure of justice.
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23 February 2018 |
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Reported
For prescription under section 12(3), a claimant need only possess facts reasonably suggesting fault, not proof of causative negligence.
Prescription Act s 12(3) — medical negligence/contract claims — commencement of prescription requires possession of sufficient facts that would reasonably cause suspicion of fault and prompt seeking further advice — objective reasonable-person standard; knowledge of causative negligence not required (Links applied).
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22 February 2018 |
| January 2018 |
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Reported
Non‑renewal of a fixed‑term contract is a dismissal under the LRA; labour costs must follow the LRA’s law‑and‑fairness approach.
Labour law – definition of dismissal – s186(1)(b) LRA – non‑renewal of fixed‑term contract as dismissal requiring referral to CCMA and arbitration. Administrative law – PAJA not applicable where dispute is a pure labour relations matter. Public Service Regulations D.7 & D.8 – executive discretion to depart from selection committee recommendations; requirement to record reasons and verify suitability. Costs – Labour Court awards governed by s162 LRA (law and fairness); rule that costs follow result does not ordinarily apply in labour matters. Appellate procedure – refusal of leave on merits; leave granted only to appeal costs orders.
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22 January 2018 |
| December 2017 |
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Reported
The court refused leave to appeal, finding the respondent lawfully adopted an English‑primary language policy consistent with s29(2).
Constitutional law – right to education (section 29(2)) – meaning of "reasonably practicable" – requires consideration of equity, practicability and redress of past racial discrimination. Administrative law – PAJA applicability – institutional policy‑making by university council is executive, not PAJA administrative action; review available under doctrine of legality. Higher Education Act – section 27(2) – institutional language policy must be determined "subject to" ministerial framework but framework itself is situational and constrained by the Constitution. Standing – AfriForum (association) has standing; trade union (Solidarity) failed to show sufficient interest. Language policy – multilingualism, transformation and prevention of inadvertent racial segregation as constitutionally relevant factors.
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29 December 2017 |
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Reported
Court: Parliament breached sections 89 and 42(3) by failing to make rules and determine if the President committed serious misconduct.
Constitutional law – separation of powers – Parliament’s duty to hold the President accountable – section 89 impeachment procedure – obligation to make rules for removal of President – exclusive jurisdiction under section 167(4)(e) – remedial orders under section 172 and section 237.
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29 December 2017 |
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Reported
The applicant community held customary and beneficial land rights and was dispossessed when subdivision occurred without consultation.
Restitution of Land Rights Act — s 1, s 2: definition of "community" and "right in land" — inclusiveness of beneficial occupation, labour-tenancy and customary-law interests. Dispossession — subdivision of commonage via court order without consultation — constitutes racial dispossession under s 25(7) read with the Restitution Act. Registered title does not automatically preclude concurrent indigenous/customary rights; parallel interests possible. Evidence — s 30(1)-(2): historical, expert and oral evidence admissible and assessed by ordinary fact-finding rules, with generous, purposive interpretation of statute. Pleadings — functional and permissive approach appropriate in historical land claims.
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11 December 2017 |
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Reported
Section 38(2)(b)(i) permitting unilateral salary deductions by the state is unconstitutional as impermissible self-help.
Constitutional law – jurisdiction of specialist courts – Labour Court as court of similar status to the High Court; Constitutional law – s 38(2)(b)(i) Public Service Act – unilateral salary deductions by state-employer – impermissible self-help; Labour and employment law – procedural fairness and access to courts (s 34); Remedies – declaration of invalidity, interim interdict preserved, matter remitted for determination.
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7 December 2017 |
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Reported
An incomplete trial record missing crucial witness evidence can breach the accused’s constitutional right to a fair appeal.
Criminal procedure — Right to fair trial and appeal — Section 35(3) Constitution — Adequacy of appeal record — When missing, irreconstructible trial evidence prevents fair appellate determination. Appeal procedure — Incomplete/defective trial record — materiality test: whether defects preclude proper consideration of appeal. Remedy — Setting aside entire trial proceedings, conviction and sentence; release; alternative views on competent verdict and remittal for retrial.
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5 December 2017 |
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Reported
Shelter lockout and family-separation rules unlawfully infringed applicants' rights to dignity, security and privacy; enforcement interdicted.
Constitutional law — social assistance/housing — obligations under an eviction order to provide temporary accommodation — extent of constitutional rights for temporary residents — lockout and family-separation rules limiting dignity, privacy and freedom/security — justification under section 36 (law of general application) and section 26(2) reasonableness enquiry.
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1 December 2017 |
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Reported
Provincial regulations interpreted as obliging KZN municipalities and employees to join KZN funds; constitutional challenge not decided.
Pension funds – statutory interpretation of provincial ordinances and regulations – compulsory association of KwaZulu‑Natal local authorities with provincial KZN pension/provident funds – effect of phrase “subject to his conditions of service” – limits of MEC’s rule‑making power – ultra vires challenge and constitutional review – standing to assert employees’ freedom of association.
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1 December 2017 |
| November 2017 |
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Reported
Section 7(1) of the Recognition Act unjustifiably discriminates against wives in pre‑Act polygamous customary marriages; declaration confirmed and suspended with interim equal ownership regime.
Constitutional law – Recognition of Customary Marriages Act s 7(1) – pre‑Act polygynous customary marriages – proprietary consequences governed by customary law – unconstitutional discrimination against wives (gender and marital status) and limitation of dignity and equality. Remedy – declaration of invalidity confirmed but suspended for 24 months; interim regime grants joint and equal ownership, management and control of house and family property; personal property preserved. Retrospectivity – declaration limited to avoid invalidating finalised estate windings and completed transfers; exception where transferee had notice of constitutional challenge. Procedure – leave to intervene granted; condonation for late filings; costs awarded to applicants including costs of two attorneys.
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30 November 2017 |
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Reported
An organ of state may not invoke PAJA to review its own decisions; it must rely on the constitutional principle of legality.
Constitutional and administrative law – Whether PAJA applies to an organ of state seeking to review its own administrative decision – Interpretation of s 33 of the Constitution and PAJA – Principle of legality as the appropriate vehicle for intra‑state review – Delay and the exercise of remedial discretion under s 172 – Tailored declaration of invalidity to protect accrued contractual rights.
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14 November 2017 |
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Reported
Court upheld interdict on merits but set aside adverse costs orders, applying Biowatch to university litigation.
Constitutional law – Freedom of expression and assembly – Distinction between lawful protest and unlawful conduct; interdicts against protest activity. Costs – Biowatch principle applies to constitutional litigation involving public institutions (universities); adverse cost orders may chill constitutional litigation. Judicial discretion – Courts must exercise discretion on costs judicially; appellate interference justified where discretion in leave-to-appeal proceedings is not properly exercised. Procedure – Leave to appeal limited to cost orders; merits of interdict upheld on factual findings.
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7 November 2017 |
| October 2017 |
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Reported
PAJA reviews against public universities engage constitutional rights and the Biowatch rule ordinarily precludes adverse costs orders.
Constitutional law — administrative review under PAJA as constitutional matter — public university as organ of State — right of access to further education (s 29(1)(b)) — Biowatch costs principle applies in constitutional litigation against State — exceptions for frivolous or vexatious litigation.
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31 October 2017 |
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Reported
Insufficient evidence to justify departing from lump‑sum awards for future medical expenses; appeal dismissed.
Delict — assessment of damages — “once and for all” rule and lump‑sum awards for future medical expenses; evidence that public healthcare will provide future care may reduce award (Ngubane). Common‑law development — courts’ inherent power and section 39(2)/section 173 considerations for permitting periodic payments, payment‑in‑kind, ring‑fenced trusts, top‑up/claw‑back mechanisms — requires cogent factual basis and assessment of wider consequences. Execution and payment modalities — high courts have power to regulate payment in interests of justice. Contingency fees — no basis here to alter fee calculation in respect of amounts awarded to a non‑party.
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31 October 2017 |
| September 2017 |
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Reported
Extra‑curial co‑accused statements inadmissible; murder and robbery convictions upheld, firearm possession convictions set aside.
Evidence — Extra‑curial admissions — inadmissible against co‑accused except where executive and supported by aliunde evidence of common purpose; section 219A. Criminal law — Common purpose — requirements for presence, awareness, active association and mens rea; foresight as sufficient mens rea for murder. Firearms offences — joint possession (circumstance crime) requires proof of group animus to possess through detentor and detentor’s animus to possess for group (Nkosi test); mere awareness/acquiescence insufficient. Procedure — condonation and leave to appeal granted in interests of justice.
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29 September 2017 |
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Reported
Biowatch protection against adverse costs does not shield litigants who abuse court processes; punitive costs can be justified.
Constitutional litigation — costs — Biowatch principle: general protection for private litigants against adverse costs in constitutional cases; exceptions where litigation is frivolous, vexatious or manifestly inappropriate — abuse of process and dishonesty can justify punitive attorney-and-client costs — appellate interference limited where lower court exercised discretion judicially.
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26 September 2017 |
