|
Citation
|
Judgment date
|
| February 2026 |
|
|
Court held the Fund 100% liable where the plaintiff’s credible single-witness account established negligent overtaking by the insured driver.
Road Accident Fund liability – motor vehicle collision – assessment of single-witness evidence – sudden emergency doctrine – failure to plead or prove contributory negligence – costs awarded on Scale B under Rule 67A.
|
17 February 2026 |
|
Advisory evaluation reports and committee recommendations lacking direct external legal effect are not reviewable under PAJA; applicant failed mandatory capacity and pricing requirements.
Administrative law — PAJA — advisory reports and committee recommendations that lack direct and external legal effect are not "administrative action"; Tender law — responsiveness and mandatory requirements (capacity for specified works); Arithmetic errors and under-pricing — effect on responsiveness and award; Ripeness doctrine; Lawful appointment of technical advisors under municipal SCM policy.
|
10 February 2026 |
| January 2026 |
|
|
Leave to appeal costs order dismissed where applicant persisted with premature review despite respondent’s undertaking.
Administrative law – procurement – objection procedure under SCM Regulation 50 – undertaking to suspend award; Costs – application of Biowatch principle in constitutional/administrative litigation; Premature review application and costs consequences.
|
27 January 2026 |
| December 2025 |
|
|
Leave to appeal granted where mailbox delivery did not satisfy statutory/by‑law service requirements, rendering disconnection unlawful.
Municipal law — Service of notices — Municipal Systems Act s115(1)(b) and Electricity Supply By‑Law s13(1)(b)/s14(4)(b) — leaving notice in mailbox not authorised — disconnection tainted with illegality — leave to appeal granted.
|
9 December 2025 |
|
Leave to appeal dismissed as appeal would have no practical effect after respondent reconnected the applicant’s electricity.
Civil procedure – leave to appeal – Superior Courts Act s17(1) and s16(2)(a) – appeal dismissed where proposed relief has no practical effect (mootness) – municipal notices and service under Electricity Supply By-Laws and Municipal Systems Act raised but not decided.
|
9 December 2025 |
|
Whether a Rule 35(7) application was competent to compel extensive financial disclosure for an accrual claim under section 7 MPA.
Matrimonial Property Act s7 – duty to furnish particulars for accrual calculation; Rule 35 discovery – scope and relevance; Rule 35(3)/(7) procedure to compel discovery; interplay between statutory particulars and discovery; interlocutory mandamus to compel disclosure.
|
4 December 2025 |
| November 2025 |
|
|
Self‑review: debt‑collection and lease‑review agreements unlawfully procured; internal delegation cannot cure procurement illegality.
Public procurement – section 217 Constitution – organ of state must procure via fair, equitable, transparent, competitive and cost‑effective processes; Treasury Regulations/SCM compliance required. Self‑review by organ of state – principle of legality applies; PAJA does not govern. Delegation of authority cannot override constitutional procurement imperatives. Delay in legality review – unreasonable delay may be overlooked where unlawfulness is clear and interests of justice require. Points in limine (mootness, misjoinder, once‑and‑for‑all) examined and dismissed.
|
11 November 2025 |
|
A subsisting customary marriage may be registered posthumously and renders a subsequent civil marriage void ab initio.
Customary marriage – recognition and registration – s4(7) Recognition of Customary Marriages Act – court-ordered posthumous registration; subsistence of customary marriage – dissolution only by court decree where marriage subsisted at commencement of Act – s3(2) effect on subsequent civil marriage – nullity ab initio; onus and evidence of custom; immateriality of collateral factual disputes.
|
11 November 2025 |
|
Interim interdict granted then discharged because applicants failed to prove authority and locus standi to litigate for students.
Constitutional and civil procedure — interim interdict — requirements for interim relief (prima facie right; irreparable harm; balance of convenience) — locus standi and authorisation — Rule 7(1)/7(4) powers of attorney — standing of student organisations to litigate on behalf of members.
|
10 November 2025 |
|
Court condoned late statutory notice under s3 Act 40/2002, finding good cause and no unreasonable prejudice; special plea dismissed.
Administrative law / civil procedure – Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s 3 notice requirement and s 3(4) condonation criteria (prescription, good cause, prejudice). Condonation – standard of proof is the overall impression; factors include degree of non‑compliance, explanation, importance of case and prejudice. Evidence – unsupported, general allegations of prejudice are insufficient to defeat condonation. Trial readiness – existence of Rule 37 minute and a filed plea weigh against a finding of substantial prejudice.
|
6 November 2025 |
|
Applicants failed to prove entitlement to interim interdicts or spoliation relief against eviction from the housing project.
Interdict — interim relief requisites (prima facie right; irreparable harm; balance of convenience; alternative remedy); Spoliation (mandament van spolie) — necessity of peaceful, undisturbed possession; PIE Act — applicability to occupants of a site controlled by court order; Service by conspicuous posting and effect; Admissibility of late evidence.
|
6 November 2025 |
| October 2025 |
|
|
A production notice that in substance relies on Rule 35(14) in application proceedings requires prior court directions under Rule 35(13).
Civil procedure — Rule 35(12) discovery — documents must be referred to in pleadings or affidavits (directly, indirectly or in general terms) — inference insufficient; Rule 35(14) not applicable to application proceedings without court directions under Rule 35(13) — notice delivered without directions is an irregular step under Rule 30; costs awarded.
|
30 October 2025 |
| September 2025 |
|
|
Urgent interdict to suspend tender struck from roll for unexplained delay and self-created urgency.
Urgent relief – Rule 6(12) URC – interim interdict to suspend tender pending review; delay and self-created urgency; duty to seek prompt relief when undertaking refused; late disclosure of record not always excusing delay.
|
30 September 2025 |
|
Applicant failed to establish standing to challenge municipal electricity disconnection; application dismissed with costs.
Municipal/Electricity law – Disconnection of supply – Requirement of prior written notice to consumer/registered account holder. Locus standi – Occupier/tenant versus representative/beneficial interest – necessity to establish clear factual and legal interest to challenge administrative action. Urgent interim relief – Court will first determine standing before deciding substantive compliance with statutory notice requirements.
|
25 September 2025 |
|
No substantial and compelling circumstances justified departing from prescribed minimum sentences for serial rape and aggravated robbery.
Criminal law – Sentencing – Statutory minimum sentences – duty to impose prescribed minima unless substantial and compelling circumstances exist (S v Malgas; S v Matyityi). Sentencing – Factors – Zinn triad, sentencing objectives (retribution, prevention, deterrence, rehabilitation) and victims’ rights. Sexual offences – Serial rape of minors and adults – aggravating features, DNA evidence, victim impact. Mitigation – Drug addiction and guilty plea not always substantial and compelling; genuine remorse must be demonstrated to the court. Ancillary orders – firearm disqualification, inclusion on sexual offenders register, unsuitability to work with children, victims’ parole representations.
|
25 September 2025 |
|
A 13-year-old pedestrian was found culpae incapax; Fund 100% liable and ordered to pay costs on scale C.
Road Accident Fund – apportionment of damages – contributory negligence – requirement that defendant plead and prove child’s culpae capax; Delict – capacity to be negligent – rebuttable presumption that child under 14 is culpae incapax; Pleadings – inconsistency between alleging sole causation and seeking apportionment; Costs – punitive/scale C under Rule 67A for untenable defence and imprecise pleading.
|
16 September 2025 |
|
Summary judgment refused where interest-rate variations and defective debt-review rescission raised triable issues; debt-restructuring reinstated.
Civil procedure – summary judgment – plaintiff must plead and prove basis for interest-rate escalations and arrears; National Credit Act s86(10) – service and termination of debt-review orders; triable issues where debt-restructuring and accounting disputes exist; enforcing court empowered to reinstate debt-restructuring orders.
|
12 September 2025 |
|
Accused sentenced to prescribed life imprisonment for murder from domestic physical abuse; no substantial and compelling circumstances found.
Domestic violence; murder arising from physical abuse; application of s 1(1) Part 1 Schedule 2 CLAA; prescribed minimum life sentence; assessment of substantial and compelling circumstances (Malgas); victim and child interests; exposure of child to domestic violence; unfitness to possess firearm s103(1) FCA.
|
4 September 2025 |
|
Court appointed a receiver to value and divide a joint estate where divorce division was not effected before a spouse’s death.
Family and succession law – marriage in community of property – division of joint estate upon divorce; appointment of receiver where division not effected before death; surviving spouse’s accrued half-share not part of deceased’s estate; executor’s powers limited to deceased’s half-share; Master to extend time for liquidation and distribution account.
|
3 September 2025 |
|
The applicant’s uncontroverted evidence established negligent driving by an unidentified vehicle; the respondent (RAF) was held fully liable.
Road Accident Fund Act s17(1)(b) — unidentified vehicle claims; Regulation 2 compliance; single-witness credibility (Civil Proceedings Evidence Act s16); effect of bare denial; refusals to participate and unsubstantiated fraud allegations; costs (Scale C) and two counsel.
|
2 September 2025 |
|
Court accepts DPSA promotion scenario 2 for loss of earnings; rejects belated expert departure and awards R2,440,628.50 plus interest and costs.
Road Accident Fund — quantification of loss of earning capacity — choice between employer progression and public service promotion scenarios — admissibility and weight of expert evidence where expert departs from joint minute without supplementary report — application of contingency deductions (10% past, 20% future) — actuarial computation not binding but informative.
|
2 September 2025 |
| August 2025 |
|
|
Brutal domestic murder and child assault: mitigating factors insufficient to avoid a lengthy 25‑year effective prison sentence.
Criminal law – Sentencing for murder and related assault – Application of Malgas and Zinn – substantial and compelling circumstances required to depart from prescribed sentences. Domestic violence – brutality, use of weapons and presence of children as significant aggravating features. Mitigation – guilty plea, remorse, intoxication, and primary caregiver status considered but insufficient to outweigh aggravation. Children’s Act s47(1) – referral to designated social worker to assess care and protection of minor children. Firearms Control Act s103(1) – accused unfit to possess firearms by operation of law.
|
29 August 2025 |
|
Rescission of POCA exclusion order dismissed for procedural non‑compliance and lack of prospects of success.
POCA — preservation and forfeiture procedures — section 39(3)/(5) notice and affidavit requirements; section 49 late entry; section 52 exclusion of interests (protection of innocent victims); section 53 rescission of default orders; condonation and prospects of success; role and joinder of curator bonis.
|
14 August 2025 |
|
An application for leave to appeal against an interim order is premature absent reasons and does not suspend the order’s operation.
Civil Procedure – Applications for leave to appeal – Timing of application when reasons for judgment are pending – Appealability of interim orders – Suspension of orders pending appeal – Conduct justifying punitive costs order – Rule 49(1) of Uniform Rules – Section 18 of Superior Courts Act.
|
11 August 2025 |
| July 2025 |
|
|
Court imposed minimum prescribed sentences on accused, rejecting youth and parenthood as substantial mitigating factors.
Criminal Law - Sentencing - Minimum sentences for robbery with aggravating circumstances and attempted murder - Concurrent versus cumulative sentencing.
|
2 July 2025 |
|
Court dismissed application for mandatory interdict due to unexhausted alternative remedies and insufficient contempt proof.
Divorce settlement - Mandatory interdict - Requisite elements - Alternative remedies - Contempt of court - Proof of intent and awareness.
|
1 July 2025 |
| June 2025 |
|
|
Court dismissed interdict on cylinder possession but upheld safety law violation for unauthorized filling.
Gas cylinders - industry standard cylinder exchange agreement - legal possession post-termination of dealer agreement - health and safety regulations on filling and distribution without consent.
|
20 June 2025 |
|
Dispute over electricity supply termination centered on adequacy and factual basis of pre-termination notice service.
Civil Procedure – Electricity disconnection – Service of notice – Dispute over adequacy and factual basis of notice service in electricity supply termination case.
|
10 June 2025 |
|
The court held that community consultation duties rest on the ward committee, not the liquor certificate applicant.
Liquor Law – Judicial review – Interpretation of obligations under the Eastern Cape Liquor Act – Transfer of liquor registration certificate duties.
|
5 June 2025 |
|
Court declines to hear stated case on prescription due to inadequate facts; suggests amendment or trial.
Civil procedure – Prescription – Inadequate statement of facts in stated case – Need for amendment or trial.
|
4 June 2025 |
| May 2025 |
|
|
Court convicts three accused for farm attack and robbery based on joint possession and common purpose; acquits one for insufficient evidence.
Criminal Law - Identification of perpetrators - Doctrine of recent possession - Joint possession and common purpose - Intent and culpable homicide in reckless driving cases.
|
30 May 2025 |
|
Accused correctly identified and convicted for farm attack crimes, argued under doctrine of common purpose.
Criminal law; robbery; kidnapping; attempted murder; firearm possession; culpable homicide; identification reliability; common purpose doctrine.
|
30 May 2025 |
|
Rule 43 application for additional litigation costs dismissed for failure to prove material change and inadequate financial disclosure.
Family law – Rule 43(1)(b) and (6) – variation of contribution towards matrimonial litigation costs – requirement to prove material change in circumstances and inadequate means. Family law – Disclosure – applicant’s duty to provide bank statements, credit facility details and income to support Rule 43 variation. Divorce Act s 10 – discretionary approach to costs in divorce/interlocutory proceedings.
|
27 May 2025 |
| April 2025 |
|
|
A Rule 45(5) undertaking must include a third‑party surety, an inventory and a commitment to satisfy the judgment; defective undertakings do not prevent removal.
Civil procedure – Execution – Rule 45(5) Uniform Rules – Form 19 undertaking requires a third‑party surety of sufficient means, inventory of attached goods and an undertaking to satisfy judgment; sheriff’s discretion to accept undertaking; Rule 45(6) permits removal where undertaking is unsatisfactory.
|
24 April 2025 |
|
Court found substantial and compelling circumstances and sentenced accused to 18 years for repeated rape of a nine-year-old.
Sexual offences — repeated rape of a child — section 51(1) CLAA invoked — assessment of substantial and compelling circumstances under s51(3) — Zinn triad — mitigation: youth, first offender, caregiving responsibilities, rehabilitation prospects — sentence imposed: 18 years; sexual offenders register.
|
4 April 2025 |
| March 2025 |
|
|
On a balance of probabilities the court found a vehicle (or R328,000) connected to corrupt procurement and ordered forfeiture.
Asset forfeiture – Prevention of Organised Crime Act (POCA) Chapter 6 – civil forfeiture of property or embedded gratification as proceeds or instrumentality of corruption and money laundering. Admissibility – findings in related criminal proceedings (including s174 acquittal) inadmissible in POCA civil forfeiture proceedings; civil evidentiary rules apply. Hearsay – founding affidavit not shown to be inadmissible hearsay absent particularisation. Standard of proof – balance of probabilities applies in forfeiture proceedings; proportionality enquiry required before ordering forfeiture. Public procurement – alleged corrupt relationship between supplier and senior procurement official; conflict of interest and abuse of position considered in civil forfeiture analysis.
|
18 March 2025 |
| February 2025 |
|
|
Eviction under PIE was just and equitable despite pending employment and ecclesiastical disputes; vacatur ordered by 4 April 2025.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — s 4(7) just and equitable enquiry — rei vindicatio-based eviction where occupation was subsidiary to employment — pendency of labour/ecclesiastical disputes not a precondition to eviction — burden on occupiers to prove risk of homelessness and relevant personal circumstances — costs awarded on party-and-party scale; counsel fees on scale C.
|
27 February 2025 |
|
Court grants summary judgment due to defendant's lack of defense against mortgage debt claim.
Civil Procedure – Summary judgment – Defendant's lack of defense – Mortgage debt and contractual obligations – Section 129 of the National Credit Act
|
4 February 2025 |
|
An amended plea filed without complying with Rule 28 is irregular and must be set aside; pleadings must be regularised.
Civil procedure – Amendments to pleadings – Uniform Rule 28 notice and objection procedure must be followed; court order cannot be read to bypass Rule 28. Civil procedure – Rule 30(1) – relief to set aside an irregular or improper procedural step. Amendments withdrawing admissions – normally require affidavit support when application for leave to amend is launched. Pleading – simple summons and declaration – plea premature absent plaintiff’s declaration.
|
4 February 2025 |
| January 2025 |
|
|
The court denied the amendment application due to non-compliance with procedural requirements and dismissed the merits-quantum separation request.
Civil Procedure – Amendment of pleadings – Compliance with Rule 18(4) and 18(10) required – Separation of merits and quantum premature at pleading stage
|
21 January 2025 |
| December 2024 |
|
|
Immediate neighbour entitled to interdict unlawful depot use; municipal zoning and title restrictions prevail despite public-purpose projects.
Town-planning and zoning – Restrictive title conditions – Use as depot and storage for construction activities – Municipal cease-and-desist – Contravention constitutes sufficient injury for interdict – Constitutional public-purpose does not legalise unlawful land use by organ of state.
|
17 December 2024 |
|
Reported
Accused convicted of repeated rape of an eight‑year‑old; life sentence imposed, no substantial and compelling circumstances to deviate.
Criminal law – Rape of a child – single child complainant’s unchallenged evidence via intermediary and J88 forensic findings sufficient to convict; section 174 discharge refused; no substantial and compelling circumstances to deviate from statutory life sentence under s51 CLAA; entry onto National Register for Sexual Offenders.
|
9 December 2024 |
| November 2024 |
|
|
Where an insured could not have foreseen pre-existing defective workmanship, exclusions for defects do not bar cover.
Insurance law – Comprehensive buildings cover – Exclusions for defects in design, construction, alteration, repairs or defective workmanship – applicability when insured lacked prior knowledge or could not have foreseen defects. Contract interpretation – exclusions to be read in context of stated case; objective approach and businesslike result. Procedure – court bound by stated case; may decide on merits despite insurer’s non-appearance and late/unfiled heads.
|
14 November 2024 |
|
Urgent reinstatement of enrolment dismissed where applicant lacked SANC-required matric and had signed a binding settlement.
Education law; nursing training – enrolment terminated where applicant lacked statutory matriculation prerequisite; enforceability of written settlement agreement between parties; distinction from cases involving organs of state and statutory powers; urgency; costs on scale B (rule 69(7)).
|
12 November 2024 |
| October 2024 |
|
|
A director exceeding MOI term limits unlawfully occupied office; court ordered removal and costs.
Corporate law – director tenure and removal; interpretation and interplay of company Memorandum of Incorporation clauses limiting terms and cooling-off periods with Companies Act (s66(4)(i), s71, s162); authority to represent respondents in litigation; non-joinder of CIPC; urgency of interlocutory relief.
|
30 October 2024 |
|
No partnership found; verbal contract with the company recognised, R650,000 awarded, additional R421,000 claim dismissed.
Contract/Partnership – Alleged partnership vs independent contractual arrangement – essentials of partnership and evidential proof required. Contract – Enforceability of oral agreements and proof of terms (price) in absence of documentary invoices. Evidence – Assessment of credibility, reliability and probabilities where mutually destructive versions presented. Corporate liability – liability of company versus personal liability of director in a verbal commercial transaction. Remedies – confirmation of cancellation, acceptance of tendered settlement and dismissal of unproven additional claim.
|
29 October 2024 |
|
Unauthorized constructions on neighbor's property require removal and rehabilitation; access rights must be respected.
Property law - Unauthorized construction - Dam and earthworks on adjoining farm - Environmental damage and rights of access.
|
1 October 2024 |
| September 2024 |
|
|
Applicants' ILPACOSA notices declared effective; leave to proceed granted and each party to bear own costs.
• Administrative law – ILPACOSA – statutory notice requirement (s 3(1), s 3(2)(a)) – when a debt becomes due (s 3(3)(a)) – reasonable care standard for knowledge. • Condonation – s 3(4)(a)/(b) – requirements for granting relief and prejudice to organ of state. • Costs – whether opposition was unreasonable and punitive costs justified.
|
27 September 2024 |
|
Applicant’s inadequately particularised PAIA request failed statutory form requirements; disclosure did not justify a costs order.
Promotion of Access to Information Act (PAIA) – s18(1)–(2): prescribed form and minimum particulars required for access requests; PAIA – exhaustion of internal remedies (ss74–78) before court application under s82; Procedural compliance with Departmental PAIA Manual/Form 2 when requesting medical records; Costs – disclosure and tender of reasonable wasted costs do not automatically entitle requester to costs; court to make just and equitable order.
|
23 September 2024 |
|
Plaintiff ordered to pay defendant’s wasted costs for convening an unnecessary case management conference despite registrar’s error.
Civil procedure – Case management – Rule 37(8)(a) conference convened during part‑heard trial; registrar’s erroneous Second Case Flow Management Notice; objection in terms of Rule 30(2)(b); costs for wasted attendance – plaintiff ordered to pay costs including counsel’s fees.
|
16 September 2024 |