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Citation
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Judgment date
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| November 2025 |
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Court refused to develop common law for undertaking-to-pay remedy and awarded a lump-sum for future medical care.
Delict — future medical expenses — whether common law should be developed to permit undertaking-to-pay or in-kind relief — pleadings and cogent factual evidence required — case-by-case inquiry; public-healthcare remedy; enforceability, budgeting and implementation concerns; award of lump-sum, interest, trust and costs.
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18 November 2025 |
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No substantial and compelling circumstances found; life sentence imposed for murder linked to aggravated robbery; s204 witness discharged.
Criminal law – Minimum Sentences Act – s 51(1) murder linked to robbery with aggravating circumstances – substantial and compelling circumstances required to deviate – sentencing triad – elderly victim killed in home – s 204 witness discharged after frank and honest testimony.
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18 November 2025 |
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Court applied minimum‑sentence regime, fixed a s276B non‑parole period for recidivist leader and imposed correctional supervision for a peripheral offender.
Sentencing — minimum sentences (Criminal Law Amendment Act s51(2)) — substantial and compelling circumstances — section 276B Criminal Procedure Act (non‑parole period) — correctional supervision s276(1)(h) and s276A — s103 Firearms Control Act (declaration of unfitness) — concurrency and cumulative sentencing — recidivism and parole revocation.
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18 November 2025 |
| October 2025 |
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Initial arrest lawful; continued detention not shown to result from malicious police or prosecutorial conduct.
Constitutional right to freedom and protection against arbitrary detention; lawful arrest on reasonable suspicion (s 40(1)(b) CPA); exercise of police discretion; lawfulness of initial detention until first court appearance; joinder and addition of charges (ss 81–83 CPA); bail proceedings and interests of justice (ss 50, 60 CPA); malicious deprivation of liberty—requirements of absence of reasonable and probable cause and animus iniuriandi; causation for state liability for continued detention.
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28 October 2025 |
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Absent evidence, a public-healthcare defence cannot displace the lump-sum damages rule; lump-sum award and trust ordered.
Public-healthcare defence; undertaking-to-pay remedies; once-and-for-all lump-sum damages rule; requirement to lead cogent evidence to justify in-kind or periodic remedies; entitlement to actuarialised future damages; creation of special trust and payment within 30 days.
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14 October 2025 |
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Court accepted an accomplice’s credible evidence and convicted the accused of murder, housebreaking and robbery with aggravating circumstances.
Criminal law – murder – single accomplice witness (minor) – application of cautionary rule and corroboration; housebreaking with intent to steal; robbery with aggravating circumstances – circumstantial evidence and R v Blom test; assessment of alibi and credibility.
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10 October 2025 |
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Reconnection relief held moot; court orders municipality to answer applicant’s section 102 account dispute within 60 days.
Mootness—application for reconnection rendered academic where electricity restored; Municipal law—section 102 dispute: municipality obliged to answer disputes on accounts; Administrative law—failure to answer account dispute constitutes procedural unfairness warranting remedial relief; Costs—successful limited relief entitles applicant to costs on Scale A.
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2 October 2025 |
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Court convicted multiple accused of murder, kidnapping and public violence based on common purpose and credible evidence.
Criminal law – Murder; kidnapping; public violence – Doctrine of common purpose – prior meetings and active association – sufficiency of eyewitness, police and medico‑legal evidence – disassociation and withdrawal – public violence not duplicative of murder.
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2 October 2025 |
| September 2025 |
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Applicant facing credible threats entitled to interim protective services pending review to safeguard life and bodily integrity.
Urgent interim interdict – prima facie right to security/protection – right to life and bodily integrity – irreparable harm – balance of convenience. Rule 6(12)(a) URC – condonation of non‑compliance with service/time in urgent applications. Confidentiality breach of Threat and Risk Assessment increases security risk and informs need for interim protection.
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25 September 2025 |
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Condonation granted for failure to serve statutory notice where good cause shown and respondent failed to prove prejudice.
Administrative / Constitutional law – Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – condonation under s 3(4) for failure to serve s 3(2)(a) notice. Civil procedure – requirements for condonation: non-prescription, good cause, absence of undue prejudice. Reliance on previous attorney’s dilatoriness and prompt action by new attorneys can constitute good cause. Interpretation – purposive, constitutionally-informed approach; right of access to courts relevant to condonation applications.
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23 September 2025 |
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Unmonitored intrapartum care breached duty of care and, on probabilities, caused the child’s hypoxic-ischaemic brain injury; defendant 100% liable.
Medical negligence; obstetric care; failure to assess and monitor labour per maternity guidelines; intrapartum hypoxic-ischaemic encephalopathy; expert evidence and causation on probabilities; defendant 100% liable.
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9 September 2025 |
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Whether substantial and compelling circumstances justify departure from minimum sentences under section 51.
Criminal procedure – plea under s 112(2) – adequacy of factual matrix to support conviction and reliance on s 51 Minimum Sentences Act; Minimum Sentences Act s 51 – murders in course of robbery and jurisdictional facts; Sentencing – role of intoxication, youth, remorse and re‑offending on bail; Sentencing principles – Zinn triad, substantial and compelling circumstances; Victim support – court-ordered counselling; Firearms control – declaration of unfitness under s 103.
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4 September 2025 |
| August 2025 |
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An appeal against conviction and life sentence for murder and related offences was dismissed, confirming proper application of common purpose and sentencing principles.
Criminal law – Murder, robbery with aggravating circumstances, attempted murder – Common purpose – Identification – Intoxication as defence – Minimum sentences – Appeal against conviction and sentence – Application of common purpose doctrine – Reliability of identification – Sentencing discretion and substantial and compelling circumstances.
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12 August 2025 |
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Police officers’ arrest and detention of the applicant for rape was lawful, based on reasonable suspicion and proper exercise of discretion.
Unlawful arrest – arrest without warrant – section 40(1)(b) Criminal Procedure Act – reasonable suspicion – exercise of police discretion – post-arrest detention – quantum of damages – claims for unlawful arrest and detention dismissed.
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12 August 2025 |
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An unjust enrichment claim against an organ of state is not a "debt" under Act 40 of 2002; notice requirement therefore inapplicable.
Constitutional and procedural law – Court may raise a point of law mero motu; Administrative/contractual claims – Unjust enrichment is not a "debt" under Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 and does not require the Act’s six‑month statutory notice; Pleadings – Proper characterisation of cause of action (enrichment v negligent omission) determines applicability of Act; Prescription – suitability of adjudication at interlocutory stage.
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4 August 2025 |
| July 2025 |
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Hospital staff’s negligence in labour management found to have caused a child’s hypoxic brain injury, establishing liability for damages.
Medical negligence – Causation – Hypoxic ischaemic brain injury at birth – Causal link between sub-standard obstetric care and cerebral palsy – Expert medical evidence – Assessment of conflicting pediatric opinions – Liability for damages in representative capacity.
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29 July 2025 |
| June 2025 |
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Future medical negligence compensation requires specific criteria to apply non-lump sum payments.
Medical Negligence – compensation – development of common law – undertaking to pay remedies – public healthcare defense abandonment
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27 June 2025 |
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Court affirms mother's standing and compliance, directing the Fund to process the child's injury claim under RAFA.
Road Accident Fund Act – Locus standi – Registration compliance – Court's authority over administrative excuses by the Fund.
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13 June 2025 |
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Appeal upheld due to magistrate's arbitrary refusal of bail lacking evidentiary consideration.
Criminal Law – Bail refusal – Appeal – Whether magistrate's decision was wrong – Consideration of all relevant evidence and proper judicial reasoning required.
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12 June 2025 |
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State respondents’ delayed compliance with pension-order constituted civil contempt and breach of constitutional obligations; costs awarded to applicant.
Contempt of court – Civil contempt for failure to comply with administrative orders – State organ’s constitutional duty to comply diligently and without delay (ss 2, 165(5), 237) – Proof and onus in civil contempt (service, non-compliance, wilfulness; inference and rebuttal) – Costs: party-and-party; counsel costs taxed on Scale C (Rules 67A and 69).
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3 June 2025 |
| May 2025 |
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Applicant complied with notice requirements; respondent's opposition deemed unnecessary and obstructive.
Civil Procedure – Institution of Legal Proceedings against State – Compliance with statutory notice requirements – Prescription period – Condonation for late notice filing.
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15 May 2025 |
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Applicant’s notice under ILPACOSA held timely; prescription delayed until legal advice, condonation alternatively granted.
Administrative law; civil procedure – statutory notice under ILPACOSA s3(2) – timing and compliance; Prescription Act s12(3) – actual and imputed knowledge in medical negligence claims; condonation under ILPACOSA s3(4) – requirements (no extinguishment by prescription, good cause, no unreasonable prejudice); allowance of supplementary affidavit; costs against organ of state.
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15 May 2025 |
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Condonation granted for technical non-compliance; applicant allowed to pursue claim as no prejudice to respondent.
Civil Procedure - State Liability Act compliance - Summons service - Condonation for procedural non-compliance granted.
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13 May 2025 |
| April 2025 |
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An internal investigative report making conclusive adverse findings was reviewable and set aside for procedural unfairness and overreach.
Administrative law – internal investigation – whether an investigatory report making conclusive adverse findings constitutes reviewable exercise of public power under the principle of legality/PAJA. Principle of legality – overreach of investigatory mandate where investigator pronounces on culpability. Procedural fairness – audi alteram partem and legitimate expectation to be heard; necessity of meaningful opportunity and disclosure of documents. Mootness – completion of investigation does not necessarily render review inappropriate where practical consequences remain. Remedy – review and setting aside of procedurally tainted report; costs awarded including counsel’s fees on Scale C.
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5 April 2025 |
| March 2025 |
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Section 174 discharge refused: State proved a prima facie case of kidnapping, assault with intent to do grievous bodily harm and murder.
Criminal procedure – Section 174 CPA – discharge at close of State case – test is whether there is evidence upon which a reasonable person might convict (prima facie case); Kidnapping – unlawful deprivation of freedom of movement by forcible control and relocation; Assault with intent to do grievous bodily harm – repeated application of force with hands, feet and blunt implements; Murder – death by blunt trauma to the head consistent with assaults; Credibility – limited role at section 174 stage, adverse credibility findings premature unless evidence is inherently unbelievable.
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14 March 2025 |
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The appeal succeeds due to the appellant's reasonable delay explanation and good prospects of success in the main action.
Legal procedures – condonation of late notice – unsophisticated layman – unlawful arrest – prima facie burden on respondent.
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4 March 2025 |
| February 2025 |
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Conviction under s67A without a separate charge is irregular; proper s67(3) enquiry requires reinstatement of bail and setting aside conviction.
Criminal procedure – Failure to appear while on bail – Distinction between summary enquiry under s67(3) and prosecution under s67A of the Criminal Procedure Act – Conviction without separate charge invalid – Conviction and sentence set aside on review.
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11 February 2025 |
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Contempt application dismissed due to defective PAIA order, inadequate service/notification and attempt to compel non-existent records.
Administrative law – Promotion of Access to Information Act (PAIA) – procedural requirements for notices and set down – State Attorney reference and Rule 23(m) – effect of service over court recess (Uniform Rule 6(5)(b)(iii)) – contempt proceedings – inability of PAIA to compel non-existent records – use of Rule 42 to correct orders.
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7 February 2025 |
| January 2025 |
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A purchaser who has paid at least 50% cannot rely on s 27(1) to demand transfer once the sale has been validly cancelled.
• Property law – Alienation of Land Act 68 of 1981 s 27(1) – rights of purchaser who has paid at least 50% – requirement of an extant contract and/or demand for transfer.
• Contract law – cancellation – effect of valid cancellation on purchaser’s statutory remedies under s 27(1).
• Civil procedure – disputes of fact on affidavit – stringent test for referral to viva voce evidence.
• Costs – discretion to award punitive costs only where justified; substitution with party-and-party costs where no basis for attorney-and-client order.
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28 January 2025 |
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Property ownership claims must demonstrate a clear right; past events cannot be interdicted through appeals.
Property Law – Interdictory relief – Requisites for final interdict – Failure to demonstrate clear ownership rights – Procedural delay in appeal reinstatement.
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22 January 2025 |
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Whether permanent appointments of foreign nationals by an unauthorised official, contrary to s10 PSA and policy, are unlawful and what remedy is just and equitable.
• Administrative law – legality doctrine – organs of state may exercise no power beyond that conferred by law; appointments contrary to clear statutory prohibition unlawful.
• Public Service Act s10 – permanent appointment limited to South African citizens or permanent residents; foreign nationals may only be employed temporarily in terms of policy.
• Self-review by State – undue delay in instituting review measured by Khumalo/Asla principles; nonetheless clear illegality may require declaration of invalidity.
• Remedies – section 172(1)(b) discretion to craft just and equitable relief including suspended declarations to mitigate prejudice.
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21 January 2025 |