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Citation
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Judgment date
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| 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 |
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On the balance of probabilities intrapartum hypoxic-ischaemic injury from inadequate monitoring caused the child’s cerebral palsy.
Medical negligence – obstetric care – failure to monitor fetal heart rate and to manage meconium-stained liquor; Causation – prolonged partial hypoxic-ischaemic intrapartum injury versus genetic aetiology (AGS); Expert evidence evaluation and weight of uncorroborated genetic testing; Duty to maintain contemporaneous maternity records.
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15 March 2022 |
| March 2019 |
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Reported
The court upheld the Public Protector’s findings that diversion of ECDC funds and defective procurement were unlawful and dismissed the review application.
Public Protector – review – principle of legality v PAJA; PFMA s 43 and Treasury Regulations – virement and limits; Procurement – compliance with s 217 Constitution, PFMA and Treasury Regulations; Irregular transfers to personal accounts – maladministration; Irregular, fruitless and wasteful expenditure by public entities.
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7 March 2019 |
| December 2015 |
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The Premier’s withdrawal of the applicant’s recognition as iNkosana was rational and the review application is dismissed; age-limit issue unresolved.
Traditional leadership – appointment and removal of iNkosana – role of Royal Family to decide removal and role of Premier to consider representations and withdraw certificate of recognition. Administrative law – review under PAJA – requirement to plead and prove specific grounds; rationality and reasonableness review. Evidence – documentary inconsistencies and timing undermine claimed appointment by late chief. Statutory interpretation – potential conflict between provincial Governance Act age/membership requirement and national Framework Act/customary law (minority/regent issues) – complex, unresolved on papers. Allegations of malice/dishonesty require clear factual foundation and particular pleading.
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1 December 2015 |
| November 2015 |
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Reported
Late PAIA internal appeals are not automatically void; courts may condone delay and order access to records.
Promotion of Access to Information Act (PAIA) – s75(1)(a)(i) – 60-day time limit for internal appeals – consequences of non-compliance. PAIA – s75(2) – power to condone late appeals upon good cause shown; procedural fairness and legality in exercising condonation. Constitutional right of access to information (s32) – interpretation of PAIA to promote Bill of Rights. Section 78 – court’s remedial powers in PAIA proceedings; implied condonation where relevant authority fails to decide. PAJA – decisions under PAIA not administrative action; proceedings under s78 constitute special statutory review.
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13 November 2015 |
| September 2015 |
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Where one accused’s counsel lacked right of appearance, the court may separate trials and set that accused’s trial aside.
Criminal procedure – joint trials – effect of one accused’s legal representative lacking right of appearance – whether entire multi-accused trial void or only proceedings as to affected accused. Attorneys Act s8(4)(a) – candidate attorney’s right to appear lapses on expiry of articles or after six months unless admitted. Separation of trials – Criminal Procedure Act s157(2) – discretionary, fact-specific inquiry into prejudice and interests of justice. Case law – Gwantshu distinguished; automatic blanket setting-aside of entire trials rejected.
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1 September 2015 |
| August 2015 |
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Reported
Whether the MEC lawfully recognised a headman without observing the Cala Reserve’s customary practice of community election — appeal dismissed.
Administrative law; review of administrative action under PAJA; customary law – proof and role in identifying traditional leaders; s 18 Eastern Cape Traditional Leadership and Governance Act – requirement to have due regard to applicable customary law; Transkei Authorities Act s 41(3) – did not abolish local customary practice of community election; ripeness of administrative decision for review; internal remedies and remittal.
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18 August 2015 |
| May 2015 |
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Applicants who have not applied or been appointed lack standing to remove trustees under section 20(1).
Trusts – section 20(1) Trust Property Control Act – locus standi to remove trustees – persons eligible to apply for appointment but who have not applied or been selected do not have sufficient interest to seek removal; removal of trustees is a drastic remedy and alternative remedies (compelling trustees to consider applications) may be appropriate.
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15 May 2015 |
| November 2014 |
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The respondent’s negligent hospital care caused the infant’s death; respondent ordered to pay trial and condonation costs.
Delict — Medical negligence — Causation (factual/but-for and juridical remoteness) — Failure to re-site drip, provide alternate fluids or antibiotics leading to dehydration, sepsis and death; Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 — notice/condonation; Costs — adverse costs order against State for unreasonably contesting liability and abandoned opposition.
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14 November 2014 |
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Reported
Appellants' private and putative self-defence rejected; common purpose and murder conviction with custodial sentences upheld.
Criminal law – murder; private defence and putative private defence – requirements and limits; common purpose and dolus eventualis; obedience to orders; sentencing discretion.
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5 November 2014 |
| June 2014 |
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Successive rescission applications raising previously decided issues are barred; appeal dismissed for failure to include prior judgments and no bona fide defence.
Civil procedure – rescission of default judgment – limits on successive rescission applications – res judicata/exceptio rei judicatae and functus officio. Appeal practice – appellant bound by the four corners of the appeal record; obligation to include prior judgments. Magistrates' Courts Act s 36(1) – void ab origine and common mistake not established. Procedure – new evidence should be introduced on appeal with leave, not by repeated rescission applications. Default judgments – requirement to show bona fide defence and to cure evidentiary defects before rescission succeeds.
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19 June 2014 |
| June 2013 |
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Interpretation of a 10% annual escalation clause and unlawful repudiation entitled plaintiff to contractual damages and interest.
Contract interpretation – "escalated by 10% per annum" – literal meaning supported by surrounding/background circumstances and parties' conduct.* Admissibility of extrinsic evidence/factual matrix to resolve ambiguity in contractual terms.* Repudiation of public procurement service contract – unlawful repudiation entitles service provider to claim contractual damages and interest.* Damages assessed as unpaid contractual sums for second year and unperformed third year (mitigation principle noted).
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4 June 2013 |
| April 2013 |
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Reported
The State must prove absence of prejudice before amending charges under s86(1); amendment refused.
Criminal procedure – Amendment of charge under s86(1) CPA – consolidation of multiple counts into one – amendment vs substitution – onus on the State to prove absence of prejudice – fair trial implications where State’s case closed and accused has closed his defence.
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3 April 2013 |
| February 2013 |
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Reported
Deadline non-compliance did not automatically invalidate 2013 educator post establishments; substantial compliance and prior court order warranted dismissal.
Education law; statutory interpretation – whether School Act s58C impliedly repealed post-distribution model clause 8; mandatory vs directory time-limits; substantial compliance suffices; rationality review of administrative decision; PAJA s8(1) discretion to preserve certainty and practicality; binding effect of prior unappealed court order compelling implementation.
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18 February 2013 |
| June 2012 |
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Altered delivery documents alone did not prove participation or intent to defraud; accused acquitted.
Criminal law – Fraud – Misrepresentation by documents (GRVs, delivery notes, tax invoices) – Misrepresentation alone insufficient for conviction without proof of participation and intent. Evidence – Circumstantial evidence and alternative inferences – Waybills and departmental audit undermining State’s inference of fraud. Corporate liability (s.332 Criminal Procedure Act) – Directorship/position alone insufficient to attribute authorship or intent to individuals. Conspiracy/common purpose – Agreement or active association not established by bald allegations; must be proven beyond reasonable doubt.
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13 June 2012 |