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Citation
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Judgment date
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| September 2025 |
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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.
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30 September 2025 |
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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.
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25 September 2025 |
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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.
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25 September 2025 |
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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.
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16 September 2025 |
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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.
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12 September 2025 |
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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.
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4 September 2025 |
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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.
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3 September 2025 |
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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.
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2 September 2025 |
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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.
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2 September 2025 |
| August 2025 |
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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.
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29 August 2025 |
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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.
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14 August 2025 |
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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.
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11 August 2025 |
| July 2025 |
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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.
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2 July 2025 |
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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.
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1 July 2025 |
| June 2025 |
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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.
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20 June 2025 |
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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.
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10 June 2025 |
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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.
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5 June 2025 |
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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.
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4 June 2025 |
| May 2025 |
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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.
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30 May 2025 |
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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.
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30 May 2025 |
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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.
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27 May 2025 |
| April 2025 |
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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.
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24 April 2025 |
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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.
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4 April 2025 |
| March 2025 |
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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.
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18 March 2025 |
| February 2025 |
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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.
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27 February 2025 |
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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
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4 February 2025 |
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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.
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4 February 2025 |
| January 2025 |
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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
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21 January 2025 |
| December 2024 |
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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.
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17 December 2024 |
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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.
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9 December 2024 |
| November 2024 |
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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.
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14 November 2024 |
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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)).
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12 November 2024 |
| October 2024 |
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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.
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30 October 2024 |
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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.
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29 October 2024 |
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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.
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1 October 2024 |
| September 2024 |
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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.
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27 September 2024 |
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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.
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23 September 2024 |
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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.
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16 September 2024 |
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Liquidators entitled to joinder; urgent orders made in their absence rescinded; final liquidation order not shown to be void.
Insolvency law – liquidators’ statutory powers and rights to institute proceedings and interrogations under Companies Act s 414–418; joinder – direct and substantial interest required to intervene; rescission – orders granted in absence of necessary party (Rule 42(1)(a)); jurisdiction – Motala exception not engaged where court had competence to grant final liquidation order; evidence – striking out inadmissible hearsay; costs – personal and attorney-and-client scale where absent joinder prejudiced the estate.
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5 September 2024 |
| August 2024 |
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Court admitted confession, pointing out and admission after finding they were voluntary and constitutionally compliant.
Criminal procedure – admissibility of confession, admission and pointing out – voluntariness and constitutional compliance – onus on the state to prove beyond reasonable doubt – assessment of police credibility, documentary discrepancies and accused’s non‑testimony in trial‑within‑a‑trial.
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26 August 2024 |
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Undue delay by the regulator did not render disciplinary proceedings unfair; internal appeal remedies must be exhausted before judicial review.
Legal Practice Act and LPC Rules – disciplinary proceedings – review under PAJA – undue delay in disciplinary investigations – balancing test for delay (Sanderson/Bothma/Moroenyane/Stokwe) – distinction between review and appeal – exhaustion of internal remedies.
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20 August 2024 |
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Uncooperative patient's informed refusal to be monitored precluded hospital liability for neonatal HIE; claim dismissed.
Medical negligence; obstetric care – alleged failure to monitor, Misoprostol dosing, and delayed caesarean; patient autonomy and informed refusal; admissibility of maternity records under Rule 37 and hearsay exceptions; causation and standard of care assessed against contemporaneous records and expert evidence.
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20 August 2024 |
| July 2024 |
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Applicants granted urgent interim interdict preventing transfer pending trial on alleged fraudulent waiver of suspensive conditions.
Property law – interim interdict – requisites for interdict (prima facie/clear right, apprehension of harm, no adequate alternative, balance of convenience); Right to acquire property protected under s25 of the Constitution; Alleged fraudulent waiver of suspensive conditions; Strike out applications and pleading‑stage allegations.
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16 July 2024 |
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Interim interdict granted to preserve applicants’ constitutionally protected right to acquire property pending final determination.
Property law – interim interdict – requisites for interim relief (prima facie/clear right, apprehension of harm, absence of alternative remedy, balance of convenience); Right to property – acquisition and disposition protected by s25 of the Constitution; Contract/sale – suspensive conditions and purported waiver; Pleadings – refusal to strike out allegations impugning honesty where relevant to cause of action.
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16 July 2024 |
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Owners entitled to eviction under PIE where occupiers are unlawful, uncooperative and raise no valid defence; municipality must report.
Eviction under PIE — definition and status of unlawful occupier; municipality’s duty to provide meaningful case‑specific report; Changing Tides two‑stage enquiry — just and equitable to evict; occupiers’ failure to comply with court directives — adverse inferences; authorisation of sheriff (assisted by SAPS) and costs order.
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9 July 2024 |
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Court reduced interim maintenance from R15,000 to R4,000, holding paragraph 9 was cash maintenance covering household needs, not accommodation only.
Family law – maintenance variation under rule 43(6) – interpretation of court orders – contextual/factual-matrix approach (Endumeni) – applicant’s burden to prove change of circumstances – cash maintenance vs accommodation-only payments.
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9 July 2024 |
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Leave granted to file a late counterclaim under Rule 24(1); merits and prescription reserved for trial.
Civil procedure – Uniform Rule 24(1) – condonation and leave to file late counterclaim – requirement to disclose locus standi and cause(s) of action – interlocutory application not for merits determination – prescription to be decided at trial.
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9 July 2024 |
| June 2024 |
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Municipality's failure to respond to a billing dispute breached its credit control policy; no internal appeal required where no decision existed.
Administrative law – municipal credit control policy – failure to respond to consumer billing enquiry within prescribed 60 days – Policy has force of law – unlawful administrative conduct; Systems Act s62 – appeal requires an existing decision; no duty to exhaust internal remedies where no decision made; PAJA relief to compel decision.
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18 June 2024 |
| May 2024 |
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Arresting officer lacked reasonable grounds and failed to exercise rational discretion; unlawful arrest and detention awarded R90,000.
Criminal Procedure Act s 40(1)(b) – arrest without warrant – requirement of objectively reasonable suspicion; jurisdictional facts from Duncan; reasonable suspicion must be based on specific, articulable facts; duty to verify complainant’s allegations where practicable; exercise of arresting discretion must be rational (Sekhoto); unlawful arrest and detention – quantum of damages – comparable authorities.
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21 May 2024 |
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Summary judgment refused where plaintiff failed to comply with NCA s129/s130 after debtor’s post‑notice settlement engagement.
National Credit Act – sections 129 and 130 – validity and efficacy of default notice depends on subsequent conduct and facts – post-notice settlement engagement may require re-issue of section 129 notice – premature summons; remedy under s130(4) is stay pending compliant notice.
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17 May 2024 |