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Citation
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Judgment date
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| 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 |
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A post‑litigation internal expert report was held privileged and not discoverable; disclosure to an expert who did not rely on it did not waive privilege.
Civil procedure – Uniform Rule 35(3) – discovery – specificity and relevance required in notice and discovery affidavit. Evidence – litigation privilege – documents produced after litigation commenced and for litigation purposes are protected from discovery. Privilege – waiver – furnishing privileged document to third party does not automatically waive privilege unless contents are relied upon or confidentiality is objectively abandoned. Appealability – interlocutory orders may be appealable where interests of justice require (Superior Courts Act s17(1)).
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15 June 2023 |
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The respondent is vicariously liable for negligent hospital treatment that caused the applicant's limb amputation.
Medical negligence – failure to detect vascular injury and fracture – failure to refer for angiogram – causation of limb amputation; vicarious liability of health authority; separation of liability and quantum; undisputed expert evidence.
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13 June 2023 |
| May 2023 |
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Reported
Rule 35(12) is self‑standing and may be invoked in application proceedings without prior court direction under Rule 35(13).
Rule 35(12) – discovery and production – self‑standing provision applicable to proceedings and applications; does not require prior court direction under Rule 35(13); purposive and contextual interpretation; sanction is negative preclusion separate from Rule 30A striking‑out relief; Rule 35(14) directed to actions and pleading purposes.
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30 May 2023 |
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Rescission granted where a default review order was legally incompetent and unenforceable absent a prior entitlement determination.
Administrative law – rescission under Rule 42(1)(a) – order erroneously granted or not legally competent; State Liability Act – service on head of department and State Attorney; Pension law – limits on compelling Pension Fund without prior declaration of entitlement to paid incapacity leave; condonation of late rescission; punitive costs order (attorney and client).
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25 May 2023 |
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Amendments that particularise an unlawful arrest/detention claim do not create new, prescribed causes of action.
Civil procedure – special pleas – prescription – where amendments to particulars merely particularise or clarify an existing unlawful arrest/detention claim, they do not constitute new causes of action attracting prescription. Distinction between contumelia (humiliation) and defamation; allegations of humiliation do not automatically plead defamation. Allegations concerning continued detention and causation do not necessarily equate to malicious prosecution.
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9 May 2023 |
| April 2023 |
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Applicant granted interim interdict preventing open recruitment for a disputed principal post pending final review.
Education law – school rationalisation and displaced educators – entitlement to placement before open advertising – legitimate expectation and interim interdict; administrative fairness – duty to consult and to follow Personnel Administrative Measures; costs – attorney-and-client scale and possible de bonis propriis against officials.
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27 April 2023 |
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Reported
Substandard VBAC monitoring found negligent but plaintiff failed to prove that it caused the neonatal hypoxic‑ischaemic brain injury.
Obstetric/neonatal negligence – VBAC monitoring duty – failure to monitor fetal heart rate breached duty of care; MRI BGT pattern establishes intrapartum hypoxic‑ischaemic insult; causation requirement in medical negligence — inadequacy of unproven maternity‑record entries and inability to infer that proper monitoring would have averted injury; prescription plea dismissed.
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25 April 2023 |
| March 2023 |
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Court ordered university to reconsider faculty‑recommended corrected mark and give reasons if it refuses.
Administrative law – judicial review of university governance decisions – PAJA s8(3) – failure to take a critical decision following faculty recommendation – academic marks correction – urgency and condonation of procedural non‑compliance – duty to give adequate reasons.
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28 March 2023 |
| February 2023 |
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Public Protector’s reports set aside for jurisdictional overreach, procedural unfairness, reliance on undisclosed intelligence, and inadmissible hearsay.
Public Protector — scope of powers under s 6(4) Public Protector Act — referral to investigative authorities permissible under s 6(4)(c)(ii); jurisdictional limits — may not investigate POCA/PCCA offences beyond incidental referral; natural justice — audi alteram partem requires notice and meaningful opportunity to respond, particularly where FIC material is relied upon; administrative fairness — published report is final; evidence — averments as to decision‑maker's mind tendered by deputies may be inadmissible hearsay and struck out.
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14 February 2023 |
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Reported
Court develops common law to allow public‑sector care or pay‑as‑you‑go remedies for medical negligence, assessing public services at a reasonable standard.
Medical negligence — development of common law — public healthcare remedy and undertaking to pay (DZ defences) — evidentiary onus on State pleadings — reasonable standard for public provision — case management, annexe‑based delivery and periodic/private procurement or reimbursement — protection of constitutional rights (s 27, s 28) and public finance considerations.
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7 February 2023 |
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Urgent challenge to student election dismissed for non-joinder and inadequate, hearsay-based evidence.
Non-joinder – necessary parties with direct and substantial interest must be joined; urgent interdictory relief – requires clear, admissible evidence and identification of a prima facie right; student governance – compliance with constitution for appointment of IEC/CEO; court may raise non-joinder mero motu to protect third-party interests; vagueness/hearsay in urgent applications is fatal.
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3 February 2023 |
| January 2023 |
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Applicant validly terminated a month-to-month lease; respondent’s holding over is unlawful and eviction ordered with 90 days to vacate.
Administrative law — Lease termination and eviction — month-to-month lease — sufficiency of notice; Civil procedure — rule 41A non-compliance; Evidence — disputes of fact on papers and requirement for oral evidence; Property law — holding over; PIE inapplicable to commercial occupation.
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31 January 2023 |
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Reported
A life sentence under s51(1) CLAA requires sufficient factual inquiry; inadequate sentencing enquiry warrants remittal for reconsideration.
Criminal law – sentencing – prescribed minimum life sentence under s51(1) CLAA – requirement to identify substantial and compelling circumstances; proportionality principle; duty to elicit sufficient information at sentencing (victim impact assessment, pre‑sentencing report); appellate interference only for material misdirection or disproportionate sentence; remedy: set aside and remit for re-sentencing.
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31 January 2023 |
| December 2022 |
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Founding affidavit and unidentified annexures insufficient; new matter in reply inadmissible, application dismissed, each party pays own costs.
Civil procedure – motion proceedings – sufficiency of founding affidavit – applicant must plead and prove case in founding papers; new matter in reply inadmissible; annexures relied upon must be identified; Plascon-Evans test applies to disputes of fact on motion.
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14 December 2022 |
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Applicant's motion dismissed for failing to plead and prove its claim in the founding affidavit; new reply material inadmissible.
Motion proceedings – founding affidavit constitutes pleadings and evidence – applicant must make case in founding papers. New matter – replying affidavit cannot introduce new grounds or material except in exceptional circumstances. Documentary evidence – annexures and spreadsheets must be identified; court will not trawl through voluminous documents to find relevance. Hearsay – documents produced for state attorney are hearsay without confirmatory affidavits. Disputes of fact – Plascon-Evans test applies; unresolved disputes preclude final relief.
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14 December 2022 |
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Hospital staff negligently managed shoulder dystocia (incorrect positioning and fundal pressure), causing the newborn’s brachial plexus injury.
Medical negligence – Obstetric management – Shoulder dystocia – Failure to apply McRoberts position and suprapubic pressure; use of fundal pressure – Causation of neonatal brachial plexus injury – Liability of state health department.
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6 December 2022 |
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Reported
Misdirections on child‑witness competency, adverse comment on silence, and unaddressed inconsistencies required acquittal and release of the appellant.
Criminal law — Sexual offences — Admissibility of child evidence — ss 162 and 164 CPC — court must inquire into competence (distinguish truth/lie) and ability to understand oath or be admonished; evidence inadmissible absent such inquiry. Constitutional rights — Presumption of innocence and right to silence — impermissible to penalise accused for inability to prove a motive or to detail how others were allegedly coached. Evidence — Single‑witness sexual offence — material inconsistencies, delayed reporting and inconsistent first reports must be properly explored; s 58 and s 59 Sexual Offences Act limit but do not eliminate adverse inferences. Appellate review — failure to consider accused’s version and to address material discrepancies constitutes material misdirection requiring acquittal if guilt not proved beyond reasonable doubt.
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6 December 2022 |
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Court awarded substantial quantum for a minor’s cerebral palsy injuries, fixing general damages at R2,000,000 and ordering trust funding.
Delict — Medical negligence — Quantum assessment for minor with cerebral palsy — General damages, future loss of earnings, future medical/related expenses and trust funding; Rule 34A interim payment set‑off; refusal of postponement based on pending ‘test case’; allowance of late amendment and reliance on unchallenged expert and actuarial evidence.
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2 December 2022 |
| November 2022 |
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Court applied 25% child sliding-scale contingency to future loss of income in RAF claim.
Road Accident Fund – future loss of income – contingency discount – sliding scale application (25% for child) – actuarial quantification – brain injury (diffuse axonal injury) affecting earning capacity.
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11 November 2022 |
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Defendant vicariously liable for negligent intrapartum management causing child’s hypoxic brain injury and cerebral palsy.
Medical negligence – obstetric care – failure to monitor labour and act when partogram crossed action line – intrapartum hypoxic ischaemic encephalopathy – causation on balance of probabilities – vicarious liability – extensive costs awarded.
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8 November 2022 |
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Appeal against life sentence for rape of two minors dismissed; no substantial and compelling circumstances found.
Criminal law – Sexual offences – Two counts of rape of eight-year-old children – aggravating features include simultaneous assaults in each other’s presence, use of a knife and threats. Sentencing – Minimum sentences (s51 CLAA) – absence of physical injuries does not constitute substantial and compelling circumstances (s51(3)(aA)(ii)). Appeal – sentencing discretion; Malgas test; no material misdirection and sentence not disturbingly inappropriate. Pre-sentence detention and first offender status insufficient on their own to warrant departure from prescribed minimum.
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8 November 2022 |
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Reported
Child witness competent; oath/admonishment conflation did not vitiate evidence; conviction upheld with medical corroboration.
Criminal law – Child witness competency and admonishment – s 164(1) Criminal Procedure Act – requirement to establish understanding of nature and import of oath before admonishment; admissibility of child evidence; corroboration by medical evidence; appellate deference to trial credibility findings.
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8 November 2022 |
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Appellate court reduced prescribed 15-year sentence to nine years, finding it disturbingly inappropriate given mitigating factors.
Sentencing – minimum sentences for robbery with aggravating circumstances – substantial and compelling circumstances – appellate interference where prescribed sentence is "disturbingly inappropriate"; mitigation: first offender status, minimal violence, value and recovery of property, time spent awaiting trial (COVID-19 context).
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8 November 2022 |
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Appellate court upheld convictions and concurrent sentencing for aggravated robbery and possession of a prohibited firearm despite terse trial reasons.
Criminal law – Robbery with aggravating circumstances; possession of a prohibited firearm (serial number removed) – sufficiency of single-witness identification and corroboration by ballistic evidence; appellate review of trial court’s factual findings where reasons were limited. Evidentiary issues – impact of absent forensic tests and of not calling a witness on strength of State case. Sentence – concurrent portion of firearm sentence and appropriateness of overall term.
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2 November 2022 |
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Court upheld prescribed minimum sentences for firearm robberies of elderly victims; appeal against sentence dismissed.
Minimum sentences – Firearms Control Act – whether substantial and compelling circumstances exist to depart from prescribed minima; sentencing discretion – misdirection and disturbingly inappropriate test; cumulative effect of concurrent sentences; aggravating factors – prior firearm conviction, victims’ ages, location (home robberies), and injury to victim.
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2 November 2022 |
| October 2022 |
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Mandatory order for transfer granted where purchaser proved valid sale and payment despite seller’s bare denials and intestate death.
Property law – sale of immovable property – validity of deed of sale and payment of purchase price; Civil procedure – disputes of fact on motion; Alienation of Land Act 68 of 1981 – formalities and effect; Mandatory interdict – requirements satisfied; Estate administration – intestacy does not prevent compelled transfer; Sheriff authorised to sign transfer documents; punitive costs awarded.
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27 October 2022 |
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National Act’s transitional provisions ended the provincial house term; election did not constitute contempt or unlawful conduct.
Traditional leadership — Transitional provisions of Traditional and Khoi‑San Leadership Act 2019 — s63(13) fixes term of provincial houses to 31 May 2022 for houses constituted under prior legislation; national Act prevails where uniformity required (s146(2)(b) Constitution). Interpretation of interlocutory orders — order's protective ambit limited by expiry of office term. Contempt of court — requires wilful and mala fide non‑compliance; honest/mistaken belief in lawfulness negates requisite intent (Fakie NO principle).
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27 October 2022 |
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PIE protects evictions from homes only; uncompleted structures are not within PIE’s scope.
Eviction law – PIE Act – scope of application – PIE protects eviction from homes/dwellings only; structures under construction are not 'homes'; evidential onus on occupiers to prove residence or special circumstances; citation of non‑existent respondent does not automatically vitiate proceedings.
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14 October 2022 |
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The applicant’s personal and purported executor claims were dismissed for failure to plead or properly represent the deceased child’s estate.
Medical negligence – quantum – separated issues of liability and quantum – effect of death of minor after litis contestatio; Representation and locus standi – executor nomine officio – requirement for formal joinder/substitution and proper pleading for estate claims; Pleadings and trial fairness – inadmissibility/irregularity of late supplementation beyond pleadings causing prejudice; Costs – wasted costs from defective pleadings to be borne by unsuccessful pleader; costs of pre-death expert reports to be determined/ taxed separately.
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5 October 2022 |
| September 2022 |
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A substitute educator’s fixed-term contract does not terminate automatically on the incumbent’s death; employer liable for unpaid balance.
Employment law – fixed-term contract for substitute educator; implied term not to terminate on incumbent’s death; statutory framework (Employment of Educators Act; Labour Relations Act) prevails; South African Schools Act – SGB posts must be established and funded to create employer liability; High Court jurisdiction to adjudicate monetary claims arising from fixed-term employment contract.
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27 September 2022 |
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Applicant lacked locus standi and failed to prove the respondent was an unlawful occupier; eviction application dismissed with costs.
Property law/PIE – eviction – applicant must be owner or person in charge; executors of deceased estate qualify as owner under PIE and Deeds Registry Act. Locus standi – authority to institute proceedings must be established in founding affidavit; confirmatory affidavits in reply cannot cure lack of locus standi. Unlawful occupation – occupier may have tacit consent/precarium; cancellation must be proved. Procedure – where material disputes of fact exist, action rather than motion proceedings is appropriate; Plascon‑Evans principle governs resolution of factual disputes on motion.
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27 September 2022 |
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A promotion/appointment dispute is a labour matter, not administrative action under section 33/PAJA; application dismissed.
Administrative law – Appointment/promotion – Whether failure to recommend/appoint constitutes administrative action under s33/PAJA – Gcaba applied. Labour law – Promotion/unfair labour practice – s185 and s186(2)(a) LRA – promotion disputes are labour matters. Jurisdiction – Pleadings determine forum – High Court lacks jurisdiction where claim is essentially a labour dispute. Procedural – Non-joinder and correct respondent for state employment appointments noted but not determinative here.
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27 September 2022 |
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Applicant failed to prove contemnor’s wilful breach; debt satisfied and contempt application dismissed with costs.
Contempt of court — requirements for contempt (order, service/knowledge, non‑compliance); personal service and actual knowledge; contempt inappropriate to compel payment of debt (execution preferable); interest capitalisation (compounding) and application of in duplum rule; overpayment by State satisfied obligation.
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27 September 2022 |
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Leave to appeal granted where arguable differences on prescription, identity of debtor, and evidentiary findings existed.
Prescription – section 12(3) – distinction between primary facts and legal conclusion of negligence – Links v Department of Health test; Pleadings – identity of debtor – typographical error did not remove issue from dispute; Evidence – weight of medical witness' testimony and consequences of failure to testify (adverse inference); Deemed/constructive knowledge and its effect on prescription; Costs – reasonableness of two counsel.
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14 September 2022 |
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Leave to file a late counterclaim refused for lack of explanation, entitlement and prejudice to the plaintiff.
Rule 24(1) — counterclaim — requirements: reasonable explanation for lateness and entitlement to counterclaim; procedural propriety — written substantive application required (not oral from the bar); litis contestatio — late insertion of new pleadings after trial commencement prejudicial and ordinarily not permitted; prescription and failure to annex claim in reconvention prevent court assessing entitlement.
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1 September 2022 |
| August 2022 |
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Court granted condonation and uplifted bar because defendants raised a strong, potentially dispositive defence despite a poor explanation.
Civil procedure – Rule 27(3) – condonation for late filing of plea and upliftment of bar – requirements: full explanation and bona fide defence. Defence – special plea – non-compliance with Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002. Access to courts – s34 – refusal would unjustifiably infringe constitutional rights. Costs – indulgence granted but costs awarded against applicant where explanation poorly pleaded and no attempt made to obtain consent.
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16 August 2022 |
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Court recognised a customary marriage based on ceremony, clan representation, community recognition and tacit waiver of lobolo, dismissing applicants' challenge.
Customary marriage — validity under s3(1) Recognition of Customary Marriages Act — requirements (consent, negotiation/celebration, lobolo, handing over) — flexibility and evolution of customary law — role of clanship and community recognition — registration not essential to validity.
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2 August 2022 |
| July 2022 |
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Condonation granted for late statutory notice where expert report crystallised cause of action and respondent showed no unreasonable prejudice.
Administrative law / state litigation – Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s 3(1)-(2), s 3(4) – notice to organ of state – condonation for late notice. Prescription / delict – when debt becomes due – complete cause of action and requirement of justified true belief; expert report converting suspicion into knowledge. Civil procedure – admission of supplementary affidavit – discretion to allow further affidavits where founding papers inadequate and no real prejudice. Prejudice – respondent must demonstrate unreasonable prejudice from late notice; mere procedural defects do not necessarily defeat condonation.
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26 July 2022 |
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Condonation granted for slightly late statutory notice where specialist report triggered claimant’s knowledge and no unreasonable prejudice proved.
Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 – s3 notice requirement; prescription and knowledge – when debt ‘became due’ (specialist report triggers justified belief); condonation under s3(4)(b) – good cause and absence of unreasonable prejudice; admissibility of late supplementary affidavit; service on Department vs Head of Department.
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26 July 2022 |
| June 2022 |
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Applicant's claim for loss of income dismissed; retention of lawfully seized vehicle pending criminal proceedings lawful; absolution granted.
Criminal Procedure Act s20 and s35 – lawful seizure and forfeiture of exhibits; Civil jurisdiction pending criminal proceedings; Pure economic loss – requirement to prove all delictual elements including wrongfulness; Absolution from the instance – plaintiff must establish prima facie case on all elements.
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13 June 2022 |
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Court upheld appellant’s conviction and life sentence for raping a 10‑year‑old; evidence and sentence found sound.
Rape of a child – single child witness – cautionary rule and evaluation of evidence; medical corroboration of sexual penetration and HIV infection; appraisal of accused’s defence and hearsay; sentencing under s 51(1) Criminal Law Amendment Act – life imprisonment; absence of substantial and compelling circumstances.
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10 June 2022 |
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Whether the appellant's personal circumstances amounted to substantial and compelling circumstances to avoid life imprisonment.
Criminal law – Sentencing – Gang-rape attracting prescribed life sentence under s 51(1) of Act 105 of 1997 – Whether personal circumstances amount to substantial and compelling circumstances under s 51(3) – Pre-sentence incarceration insufficient alone to justify deviation – Absence of victim impact assessment not mitigating – Application of Malgas determinative test.
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10 June 2022 |
| May 2022 |
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Leave to appeal refused: absence of records, maternity guidelines and expert evidence established probable peripartum hypoxic-ischaemic injury and negligence.
Judicial review of leave to appeal — reasonable prospect of success under s 17(1)(a); medical negligence — evidentiary weight of contemporaneous records and national maternity guidelines as benchmark; expert evidence — joint reports, MRI evidence of peripartum hypoxic-ischaemic injury; repudiation of joint expert report and costs consequences; prescription and pre-action compliance.
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31 May 2022 |
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Application for separation refused: common purpose, public interest and prosecution prejudice outweighed alleged delay-based prejudice.
Criminal procedure – Separation of trials under s 157 CPA – Alleged common purpose and POCA-related charges favour joint trial; applicant must demonstrate substantial prejudice from unreasonable delay; discretionary refusal where delays are partly self‑inflicted and prosecution’s interest and public interest outweigh accused’s inconvenience.
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10 May 2022 |
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Reported
Precautionary suspension lawful where prima facie misconduct existed and the presence might jeopardise investigation.
Administrative law; employment law – precautionary suspension of senior public official; SMS Handbook para 2.7(2) – prima facie misconduct and reasonable belief presence may jeopardise investigation; urgency for final relief in constitutional/public-interest context; costs against unsuccessful constitutional-style challenge where no genuine constitutional import.
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3 May 2022 |
| April 2022 |
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Applicant’s review of Premier’s dismissal of chieftainship claim dismissed for rationality and lack of bias.
Traditional leadership disputes – review under PAJA – rationality review and deference to specialist Commission/Committee fact‑finding; allegations of bias and procedural unfairness; evidential weight of commissioned research and historical documents; Sigcau/Nxumalo distinguished on legislative basis; delays and communication of administrative decisions; Biowatch costs principle.
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29 April 2022 |
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Recusal refused: court found inadequate, largely hearsay evidence and that judicial exasperation at delay did not show reasonable apprehension of bias.
Criminal procedure – recusal – reasonable apprehension of bias – test requires an objective, informed reasonable person's view; strong presumption of judicial impartiality. Evidence – inadmissible hearsay about chamber proceedings cannot be used to sustain recusal. Judicial conduct – firm case management and expressions of exasperation at delay do not necessarily amount to bias or trampling presumption of innocence.
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28 April 2022 |
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Second marriage held void ab initio as bigamous; Master’s appointment set aside and Letters of Authority cancelled.
Family law — Marriage — Bigamy and nullity — Second marriage void ab initio where earlier marriage subsisted and divorce was pending; Estate administration — Letters of Authority issued to purported spouse invalid; Administrative law — Master’s statutory powers to appoint estate representative preserved; Court will not usurp Master’s functions.
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14 April 2022 |
| March 2022 |
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Reported
Court allowed intervention, held state bank accounts may be attached subject to safeguards, and stayed further execution pending appeal.
State Liability Act s3 – enforcement of money judgments against State – movable property includes incorporeal rights; Uniform Rule 45 – requirements for writs and distinction between attachment of incorporeal rights (sale in execution) and garnishee procedure; section 226 Constitution – attachment of departmental bank accounts not per se unconstitutional; stay of execution – discretionary relief to prevent injustice pending appeal.
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17 March 2022 |