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Citation
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Judgment date
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| July 2024 |
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Failure to monitor fetal heart rate per guidelines during labour caused intrapartum HIE; defendant held liable and ordered to pay costs.
Obstetric/neonatal negligence – inadequate fetal heart‑rate monitoring contrary to Maternity Guidelines – intrapartum hypoxic ischaemic encephalopathy causation; weight of pre‑trial admissions and joint expert minutes; rejection of speculative genetic/antenatal alternatives.
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19 July 2024 |
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Life sentence for repeated rape of a mentally vulnerable child by a father‑figure was not disproportionate; no substantial and compelling mitigation.
Criminal law – Minimum sentences – Rape of a child under 16 – Substantial and compelling circumstances; proportionality of prescribed life sentence; abuse of position of trust; effect of complainant's cognitive impairment; intoxication as mitigation.
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16 July 2024 |
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Life sentence for repeated rape of a vulnerable child by a father-figure was proportionate; appeal against sentence dismissed.
Minimum sentencing – rape of a child under 16 – substantial and compelling circumstances – abuse of position of trust; victim vulnerability (young age, cognitive impairment); repeated penetrative assaults; intoxication not established as mitigating; appellate reassessment of substantial and compelling circumstances permitted.
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16 July 2024 |
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A magistrate may not stay eviction proceedings absent a filed counterclaim in reconvention showing a prima facie prospect of success.
* Civil procedure – Magistrates’ Court Act s47(1) – counterclaim/claim in reconvention exceeding jurisdiction – requirement to file reconventional claim before stay may be granted.
* Civil procedure – Rule 20 – procedure to apply for stay where claim in reconvention exceeds jurisdiction.
* Eviction law – stay of eviction pending High Court review to set aside transfer – Magistrates’ Court lacks jurisdiction to set aside transfer; stay only permitted upon filing of reconventional claim demonstrating prima facie prospect of success.
* Costs – appellate interference where lower court misdirected on costs though substantive decision stands.
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9 July 2024 |
| June 2024 |
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The defendant held vicariously liable for unlawful closure, assault and arrest of the applicant by SAPS members.
Police liability; unlawful closure of licensed premises; unlawful assault and arrest; J534 written notice; occurrence register as evidentiary admission; vicarious liability of State for SAPS conduct.
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28 June 2024 |
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Police unlawfully closed a tavern and unlawfully assaulted and arrested its proprietor; state held vicariously liable.
* Police powers – unlawful closure of business premises; timing and justification of closure.
* Assault and arrest – evidentiary weight of J88 medical report and occurrence register entries.
* Written notice (J534) – procedural defects and failure to comply with s56 Criminal Procedure Act requirements.
* Vicarious liability – Minister of Police liable for wrongful acts of police members.
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28 June 2024 |
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Arrest and detention lawful on reasonable suspicion; malicious prosecution not proven; plaintiffs' claims dismissed with costs.
Criminal procedure – warrantless arrest under s 40(1)(b) CPA – reasonable suspicion based on injured person, blood and weapons; discretionary arrest and detention pending bail; malicious prosecution – requirement of reasonable and probable cause and animus injuriandi; prosecutor’s decision-making and objective reasonableness.
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20 June 2024 |
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Failure to monitor a high‑risk labour led to intrapartum hypoxic brain injury; the defendant held vicariously liable for full damages.
Medical negligence — Obstetric nursing care — Failure to monitor fetal condition in high‑risk labour — Missed signs of fetal distress and meconium aspiration — Partial prolonged hypoxic‑ischaemic brain injury — Causation on balance of probabilities — Vicarious liability of State — Costs and interest awarded.
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11 June 2024 |
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Accused of Schedule 6 offences discharged exceptional-circumstances onus; appeal court granted bail with conditions.
Criminal procedure – Bail – Schedule 6 offences – Onus on accused to prove exceptional circumstances (s60(11)(a)) – Court must weigh s60(4) likelihoods against s60(9) factors – Magistrate’s misdirection and speculative findings may justify appellate interference under s65(4) – Granting bail subject to restrictive conditions.
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7 June 2024 |
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Magistrate properly refused bail for Schedule 6 offences; appellants failed to prove exceptional circumstances given violence and flight risk.
* Criminal procedure – Bail – Schedule 6 offences – onus on accused to prove exceptional circumstances under s 60(11) CPA – ordinary personal circumstances not ordinarily exceptional.
* Bail – factors: violence, police pursuit, possession of firearms and stolen property, attempts to evade arrest amounting to danger and flight risk.
* Appeal – review of magistrate’s discretion – intervention only for material misdirection of fact or law; none established.
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6 June 2024 |
| May 2024 |
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A department cannot pay a consent-ordered award in instalments absent an agreement with the accounting officer.
Pre-trial and experts' joint minutes binding; public health defence exclusion; State Liability Amendment Act and PFMA require payment within 30 days absent agreement; consent-order variation not permitted without proper application.
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27 May 2024 |
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A fairness-based approach awarded sole authority over burial to the surviving spouse despite periods of separation.
Burial disputes – competing claims between surviving spouse and child; fairness approach to burial authority; whether separation equals paper marriage; evidentiary weight of alleged dying wishes; urgent relief where body held in mortuary.
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18 May 2024 |
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Plaintiff’s personal claim had not prescribed and statutory notice requirement was not shown to be breached; both special pleas dismissed.
Prescription – three-year period (s11(d) Prescription Act) – knowledge requirement (s12(3)) – onus on party alleging prescription to prove date of knowledge; Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s3(1)(a) statutory notice – purpose to prevent prejudice and allow investigation – failure to prove prejudice; uncontroverted concession by State witness fatal to special pleas.
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7 May 2024 |
| April 2024 |
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The plaintiff failed to prove unlawful arrest, unlawful continued detention, or malicious prosecution by the State.
Criminal procedure – Arrest without warrant – s40(1)(b) CPA – objective test of reasonable suspicion; Exercise of arrest discretion; Bail procedure – Schedule 6 offences and onus to show exceptional circumstances; Unlawful detention – causation and necessity of specific pleaded facts; Malicious prosecution – reasonable and probable cause and animus injuriandi; Pleading standards in actions for unlawful arrest and detention.
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26 April 2024 |
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Ex parte removal by a non-designated social worker was unlawful; court restored parental rights with supervised medical transition.
Children’s Act and parental rights – ex parte removal – locus standi of private medical social worker – Rule 57 compliance – curatrix personae – best interests of child with disabilities – joinder of Trust – supervised transitional placement and training.
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25 April 2024 |
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Application for rescission of 2011 striking‑out order and 2015 default judgment dismissed for deliberate default, delay and public‑interest finality.
Rescission — Uniform Rule 42(1)(a) — requirement of being ‘absent’ in legal sense; erroneous grant — Rule 35(7) two‑stage discovery/striking‑out procedure; common‑law rescission — dual test of satisfactory explanation and bona fide prospects of success; acquiescence, delay and finality of litigation; costs on attorney‑and‑client scale including two counsel.
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25 April 2024 |
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Advanced age alone does not justify departing from life sentence for calculated rape of a foster child.
Criminal law – Minimum sentencing – Rape of a minor in care – Prescribed life sentence; advanced age alone is not necessarily substantial and compelling; breach of trust, repeated and calculated abuse and severe psychological harm are significant aggravating factors; appellate interference with sentencing limited to misdirection or startling inappropriateness.
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16 April 2024 |
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Reported
Placental pathology indicated antepartum injury from chorioamnionitis, not proven intrapartum negligence; appeal dismissed.
Medical negligence – causation – importance of placental histopathology and arterial blood gas in timing hypoxic-ischaemic injury; expert evidence – weight and fact-based reasoning; admissibility and effect of undisputed medical records; limitations of CTG monitoring; appeal standard on factual findings.
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9 April 2024 |
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Withdrawal of a defendant’s special plea is not a “proceeding” under Rule 41(1), so Rule 41(1)(c) costs relief is unavailable.
Uniform Rule 41(1)(a),(c) – meaning of “proceedings” – ‘geding’ (action/application) – withdrawal of special plea not a withdrawal of proceedings – special plea is a defensive pleading; costs – Rule 41(1)(c) remedy unavailable where special plea withdrawn.
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8 April 2024 |
| March 2024 |
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Applicant entitled to return of lawfully seized firearm, licence and cartridges after unreasonable retention and inadequate State justification.
Criminal procedure — Seizure and detention of articles (ss 20–31 Criminal Procedure Act) — Two-stage enquiry under s31 — applicant must prove no pending or reasonably likely criminal proceedings; onus then shifts to State to prove applicant not lawfully entitled to possession — detention must be reasonable and not oppressive — inadequate, hearsay answering affidavit by deponent without personal knowledge insufficient to resist return.
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27 March 2024 |
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District hospital’s failure to provide timely caesarean or transfer breached guidelines and caused newborn’s hypoxic brain injury.
Medical negligence – Obstetric care – Failure to ensure district hospital able to perform emergency caesarean 24/7 – One‑hour decision‑to‑delivery rule – Causation of intrapartum hypoxic ischaemic brain injury leading to cerebral palsy – Liability and costs.
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19 March 2024 |
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Negligent intrapartum management, inadequate monitoring and delays in intervention caused a neonatal hypoxic‑ischaemic injury leading to cerebral palsy.
Medical negligence – obstetric care – prolonged labour, untreated gestational hypertension, inadequate CTG monitoring and delayed delivery; Radiology – MRI pattern consistent with peri‑partum hypoxic‑ischaemic injury (PBGT/Central); Causation – application of Consensus/ACOG criteria and balance of probabilities to link negligent intrapartum management to neonatal encephalopathy and subsequent cerebral palsy; Poor record‑keeping as evidence of substandard care.
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15 March 2024 |
| February 2024 |
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Applicant church failed to establish a clear right or imminent harm; interdict refused and no costs ordered.
• Civil procedure – locus standi in motion proceedings – deponent to affidavit versus authority to institute and prosecute proceedings.
• Interdict – requirements: clear right, reasonable apprehension of harm, absence of adequate alternative remedy (Plascon‑Evans application).
• Church/internal governance – scope and relevance of internal dispute-resolution clause to court proceedings.
• Membership evidence – pledge cards as proof of entitlement to worship and use of church premises.
• Costs – discretion to depart from usual rule where dispute is between individuals within same juristic entity.
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6 February 2024 |
| January 2024 |
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Default PAIA order rescinded where requester failed to comply with PAIA formalities and misstated material facts to the court.
* Administrative law – Promotion of Access to Information Act (PAIA) – mandatory compliance with procedural requirements and prescribed forms for requests and internal appeals; court may not order disclosure absent full compliance.
* Civil procedure – rescission under Rule 42(1)(a) – an order is ‘erroneously granted’ where material facts unknown to the court, if disclosed, would have prevented the order; duty of disclosure in default/ex parte proceedings.
* PAIA procedure – applications must be addressed to the information officer (or head); improper citation of Minister of Police may render orders erroneous.
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30 January 2024 |
| December 2023 |
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Leave to appeal refused: late postponement and belated defence cannot evade binding compromise; punitive costs upheld.
Civil procedure – leave to appeal – refusal of same-day postponement at commencement of trial; binding effect of parties’ compromise on future medical expenses; late-raised public health care defence cannot negate prior compromise; punitive costs (attorney and client, two counsel) justified for serial bad faith conduct.
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12 December 2023 |
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Particulars against the police lacked material facts under Rule 18(4); paragraphs 12–14 set aside and amendment ordered.
Rule 18(4) – Pleadings must set out material facts with sufficient particularity; Rule 30 – irregularity notice and relief; insufficiency of particulars to link police conduct to claimed damages; condonation of slightly premature Rule 30 application; costs follow the event.
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5 December 2023 |
| November 2023 |
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A PAIA request filed by the applicant’s attorneys without a power of attorney was valid; non-response deemed refusal and disclosure ordered.
PAIA – access to records – validity of request made by applicant’s attorneys without formal power of attorney – deemed refusal where information officer fails to respond – exhaustion of internal appeal – disclosure of medical and grievance documents under PAIA – court’s discretionary relief under s82.
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28 November 2023 |
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Use of K-wire fixation instead of ORIF for an adult intra-articular distal humerus fracture was negligent and caused the plaintiff’s injury.
* Medical negligence – orthopaedic treatment – distal humerus intra-articular fractures – ORIF (open reduction and internal fixation) is standard in adults; percutaneous K-wire fixation is inappropriate for ‘big bone’ adult intra-articular fractures.
* Deviation from accepted medical practice without explanation can constitute negligence where harm was foreseeable.
* Expert evidence – court must evaluate reasoning; joint minutes binding on agreed facts.
* Causation – on balance of probabilities the substandard treatment caused malunion, stiffness and ulnar nerve palsy.
* Costs – party-and-party with limitation to one counsel and specific disbursements.
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23 November 2023 |
| October 2023 |
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Permanent public-service appointments of non-citizens without statutory qualification are unlawful and were set aside.
Public Service Act s10(1)(a) – prohibition on permanent appointment of non-citizens/non-permanent residents; National policies on employment of foreign health professionals – fixed-term contracts tied to permits; Ultra vires appointments by provincial official – review and setting aside; Public law estoppel inoperative to validate unlawful public appointments; Legality review and state delay – obligations on organs of state and consequences for costs.
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10 October 2023 |
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Leave to appeal refused where applicant failed to prove prescription and may not introduce new facts at the leave-to-appeal stage.
Prescription — Prescription Act — defendant bears evidentiary burden to prove date when creditor had requisite knowledge — mere conclusions insufficient; condonation for late statutory notice — court may accept plaintiff's uncontroverted version regarding lack of knowledge and delays by police; functus officio — court will not consider factual averments first raised at leave-to-appeal stage; Mtokonya and Zamani applied.
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9 October 2023 |
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Defendant held liable for infant brain damage due to negligent intrapartum monitoring and failure to expedite delivery.
• Medical negligence – intrapartum care – inadequate foetal monitoring, fundal pressure, failure to prepare for emergency caesarean.
• Causation – factual (but-for) and legal causation in birth asphyxia cases.
• Hospital records – entries by medical staff admissible and may be relied upon by experts.
• Expert evidence – radiological and neonatal findings consistent with hypoxic-ischaemic encephalopathy (HIE).
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3 October 2023 |
| September 2023 |
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Rule 30A costs on attorney‑client scale awarded for persistent state non‑compliance; removal costs limited to party‑and‑party.
* Civil procedure – case management (rule 37A) and rule 30A – non‑compliance with directives – remedy and costs
* Costs – punitive costs (attorney and client) against state party for persistent breach and prejudice
* Removal from roll (rule 41(1)(a)/(c)) – removal versus withdrawal; removal without tender attracts costs (party‑and‑party)
* Rule 36(9) / expert evidence – obligation to file expert notices and reports; prejudice from delayed expert production
* Condonation – late supplementary/replying affidavits granted (unopposed)
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19 September 2023 |
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Defendant failed to prove respondent had requisite knowledge to start prescription; appeal dismissed with costs.
Prescription – Prescription Act s 12(1) and (3) – medical negligence – knowledge of material facts (facta) versus legal conclusions – deemed knowledge by exercising reasonable care – reduced evidential burden where facts peculiarly within opponent’s knowledge – requirement of prima facie probative evidence before adverse inference for non‑testifying party.
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15 September 2023 |
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Filing a notice of appeal suspends execution; magistrate’s execution-pending-appeal order is a nullity; relief granted urgently.
Administrative law; appeal suspends execution of judgment; magistrate has no power to order execution pending appeal (nullity); urgency—rule 6(12); jurisdiction to grant interlocutory relief ancillary to appeals; restraint on creditor instructing bank to maintain debit holds during appeal.
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14 September 2023 |
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Reported
Conviction for contravening a protection order set aside for insufficient evidence and for improperly imposing an onus on the accused.
Domestic Violence Act — contravention of protection order (s 17(1)(a)) — sufficiency of evidence; criminal onus — impermissible requirement that accused explain why complainant might lie; conviction set aside for failure to prove charged particulars (insult by reference to private parts and chasing).
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7 September 2023 |
| August 2023 |
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Leave to appeal granted where factual causation for birth-related hypoxic-ischaemic brain injury may be reconsidered on appeal.
* Medical negligence – obstetric care – alleged failure to monitor foetus during labour – causation in hypoxic-ischaemic brain injury (BGT pattern).
* Expert evidence – MRI interpretation and timing/etiology of brain injury – inability to establish when injury occurred.
* Comparative authorities – relevance of Professor Smith’s study and the SCA decision in DM to factual causation.
* Leave to appeal – granted where reasonable prospect exists that appellate court may reach different conclusion on causation.
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30 August 2023 |
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Final winding-up orders confirmed: respondents commercially insolvent; proposed sales, valuations and Covid-19 defence insufficient to avoid liquidation.
Companies — liquidation — confirmation of provisional winding-up order — standard of proof higher for final order; commercial (liquidity) insolvency vs factual (asset/liability) insolvency; alleged rescue transactions and outdated valuations insufficient to avoid liquidation; Covid-19 lockdown not a valid supervening excuse where insolvency pre-existed and persisted.
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17 August 2023 |
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Threats, conduct and credible eyewitness evidence established premeditated murder; appeal and challenge to life sentence dismissed.
Criminal law – Murder and attempted murder – Eyewitness credibility – Threats and prior conduct – Premeditation and mandatory life sentence (s51(1) CLAA) – No substantial and compelling circumstances to deviate from life imprisonment.
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17 August 2023 |
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Applicant’s psychiatric injury claim failed for lack of psychiatric expert evidence; leave to appeal refused.
Medical negligence – claim for psychiatric injury – requirement that a recognisable psychiatric lesion be proved ordinarily by psychiatric/psychological expert evidence; lay testimony insufficient; obstetric/paediatric evidence cannot substitute for psychiatric expertise; leave to appeal requires reasonable prospect of success.
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15 August 2023 |
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A genuine constitutional challenge to a university expulsion attracted the Biowatch rule; each party ordered to pay its own costs.
University disciplinary review – right to further education (s29) and review of administrative action (s33/principle of legality) – Biowatch costs rule applies to genuine constitutional challenges against organs of state – exceptions (frivolous/vexatious or conduct deserving censure) not found – interim relief permitting continued online study; each party to pay own costs.
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8 August 2023 |
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8 August 2023 |
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Detention under an invalid post-appearance warrant violated s12(1)(a); Minister of Police held liable and R400,000 awarded.
Criminal procedure – detention after court appearance – validity of detention warrant (J7) – warrant must be based on court order – mere production of warrant prima facie lawful but not conclusive – right to freedom s12(1)(a) – state liability for unlawful detention – assessment of damages for unlawful detention (39 days).
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8 August 2023 |
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Applicant’s late challenge to refusal of penalty‑free early retirement dismissed for undue delay and weak merits.
Administrative law – review – undue delay and condonation – review applications must be brought without undue delay; courts may refuse to condone lengthy unexplained delay where finality and prejudice to administration arise; Public Service Act s 16(6) – early retirement discretion – DPSA/NT circulars and guidelines make penalty‑free early retirement subject to funding and departmental criteria; acquiescence and receipt of benefits undermine later review.
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8 August 2023 |
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Appellants’ convictions and prescribed sentences for robbery and murder upheld; common purpose and dolus eventualis established.
Criminal law – murder and robbery – doctrine of common purpose – liability by active association; dolus eventualis established by multiple stab wounds; appellate review of factual findings; sentencing – prescribed minimum sentences and absence of compelling and substantial circumstances to deviate.
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8 August 2023 |
| July 2023 |
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The applicant’s child suffered HIE and cerebral palsy from negligent intrapartum and neonatal care; respondent held liable.
Obstetric/neonatal negligence – inadequate partogram and CTG monitoring; failure to act on pathological CTG and probable inappropriate oxytocin augmentation; intrapartum hypoxic-ischaemic encephalopathy causation established on balance of probabilities; genetic causes considered but not determinative.
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27 July 2023 |
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Appeal succeeds: inadequate intrapartum monitoring caused a preventable hypoxic brain injury; expert joint minutes and missing records decisive.
Medical negligence — intrapartum care — adequacy of foetal monitoring; Expert evidence — joint minutes between experts binding absent timeous repudiation; Missing clinical records — adverse inference where custodian fails to explain non‑production; Evaluation of single witness evidence against objective records; Causation — intrapartum partial‑prolonged hypoxic ischemic insult consistent with MRI and expert opinion.
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20 July 2023 |
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Applicant failed to prove ownership; municipality’s transfer was lawful and the application was dismissed with costs.
Property law – ownership and transfer – Alienation of Land Act formalities; administrative transfer by municipality; evidentiary weight of title deeds and Registrar of Deeds report; condonation of late replying affidavit; commissioning/attestation of affidavits – directory non‑compliance and substantial compliance; costs and inapplicability of Biowatch where applicant not candid.
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20 July 2023 |
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Condonation granted where organ of state’s delay in providing the docket prevented timely statutory notice, and no prejudice shown.
Institution Act s3(2) & s4(b) — condonation of late statutory notice; Prescription Act — when debt becomes due; knowledge of identity and facts; organ of state wilful prevention of knowledge; requirement of no unreasonable prejudice and good cause.
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18 July 2023 |
| June 2023 |
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Applicant obtained interim interdict preventing SIU investigating his Master’s registration, as Proclamation was limited to Honours.
• Administrative law — SIU Proclamation — scope and interpretation of Proclamation Schedule — expressio unius exclusion alterius; • SIU Act — ultra vires investigation where scope not authorised by Proclamation; • Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience) — investigatory steps restrained pending review; • Urgency and separation of powers considered; • Rights engaged: privacy, dignity and lawful investigative process.
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20 June 2023 |
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Reinstatement requires the employee to report for duty; arrears are payable only after the contract is revived.
Employment law – reinstatement – court order reinstating employee does not revive contract until employee physically reports and tenders services; arrear pay not payable prior to tender of services; consent order requiring assumption‑of‑duty forms must be complied with; refusal to report cannot be condoned to revive employment; relief to enforce arrears inappropriate where employee prevents implementation.
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20 June 2023 |