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Citation
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Judgment date
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| December 2022 |
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Court dismissed review of three tender decisions: per-tender evaluation rules and PAJA timing justified award and cancellations.
Public procurement – tender review – interpretation of tender documents – evaluation on total price components (rent, parking, operational costs) excluding tenant installation costs; approximate area not mandating price-per-square-metre comparison; cancellation after expiry of tender validity; PAJA time limits run from knowledge of reasons; multiple bids prohibition aimed at alternative bids for same space.
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15 December 2022 |
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Condonation refused and review dismissed: arbitrator lawfully assessed submissions and did not exceed powers or commit gross irregularity.
Arbitration review – Arbitration Act s 33(1) – condonation for late review applications – interests of justice test; JBCC Principal Building Agreement (PBA) – clauses on final account and notice of dissatisfaction (cl 26.6–26.11); arbitrator’s powers – assessment of submissions vs evidence; gross irregularity and misconduct – requirement of mala fides or that proceedings denied a party hearing; lack of prospects of success warrants refusal of condonation.
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13 December 2022 |
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Application to pierce a close corporation’s veil dismissed for reliance on prior judgment and unresolved factual disputes.
Close corporations — ss 64 and 65 Close Corporations Act — piercing corporate veil; personal liability of natural person for corporation’s debts; reliance on findings in prior proceedings; suitability of motion proceedings where material disputes of fact exist; Rule 6(5)(g) and referral to oral evidence/remedy by action.
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13 December 2022 |
| November 2022 |
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Court discounted actuarial 'best case' future‑earnings estimate by 40%, awarding R5,591,753 to the plaintiff.
Delict — assessment of future loss of earnings for a young child with traumatic brain injury; role and limits of actuarial reports; selection and application of contingencies; court’s discretion in moderating optimistic employment scenarios and allowing for residual earning capacity.
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29 November 2022 |
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Plaintiff failed to prove municipal duty to repair/warn or factual causation; claim dismissed.
Delict – Municipal liability for pavement defects – duty to repair or warn not automatic; plaintiff must prove duty and blameworthiness (Bakkerud) – omission wrongful only if community legal convictions reasonably demand positive action (Van Eeden/Du Plessis) – causation requires factual ('but for') and legal link – burden of proof on plaintiff.
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29 November 2022 |
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State identification and DNA evidence established the respondent’s guilt for multiple rapes; theft was not proved.
Criminal law – identification evidence – reliability of visual identification and clothing recognition; circumstantial evidence – holistic approach (Chabalala/Mthetwa) to exclude reasonable doubt; child witness evidence – application of caution; DNA evidence – admissibility and chain linking buccal sample to complainants; admissibility of samples taken by investigating officer; theft – requirement to prove intention to appropriate.
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29 November 2022 |
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After dissolution accepted by the partners, applicants not entitled to interdict ex-partner from suspending supplier accounts; application dismissed.
Partnership law – dissolution by notice – effect of dissolution on partners' mutual authority and agency; Interdictory relief – requirements for interim and final interdicts; Joinder – necessity of joining a company carrying on former partnership business; Accounting – alternative remedy for partners claiming misapplication of funds.
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22 November 2022 |
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Applicant’s bid-review amendment seeking PAJA compensation refused; loss-of-profit claims require fraud/bad faith, not mere negligence.
Administrative law – Amendment of pleadings – rule 28(4) – whether amendment introduces new, excipiable causes of action; Public procurement – claims for loss of profit/PAJA compensation – negligence insufficient, requires dishonesty, fraud or bad faith; Mootness – tender completed rendering review relief academic; Prejudice – amendment refused where it would compel defence of unsustainable relief.
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22 November 2022 |
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Unchallenged plaintiff evidence established insured driver's negligence; defendant 100% liable and quantum postponed.
Delict — motor collision — onus rests on plaintiff to prove defendant's negligence on a balance of probabilities. Evidence — accident report/sketch plan — limited weight where compiler not called and contents disputed. Procedure — unchallenged evidence: absence of suggestive cross‑examination permits acceptance of witness's version. Contributory negligence — cannot be found absent evidential basis; argument alone insufficient.
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22 November 2022 |
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Application challenging sale of tender documents dismissed for non-joinder; court did not decide constitutionality.
Civil procedure – Joinder – Necessary parties – Bidders in public procurement have a direct and substantial interest and must be joined or properly notified before an order interdicting evaluation or awarding of tenders is granted. Administrative/Procurement law – Availability of tender documents – Allegation that charging for tender documents without providing free website access may offend Treasury guidelines, PFMA and s217 of the Constitution (not decided). Interim relief – Urgency – Not determined where procedural defects (non-joinder) are decisive. Procedure – Rule nisi and alternative mechanisms appropriate where numerous or unknown interested parties exist.
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8 November 2022 |
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An appeal under section 12A of the PPA suspends the effect of a licence decision pending determination.
Administrative law – Appeal under s12A Petroleum Products Act – common‑law presumption that an administrative appeal suspends the decision applies where the statute is silent. Interim interdict – requirements (prima facie right, well‑grounded apprehension of irreparable harm, balance of convenience) must be met; speculative economic prejudice insufficient. Judicial review – must comply with Rule 53 by placing the record and reasons before court. Urgency and amendment – amendments permissible absent mala fides or irremediable prejudice.
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1 November 2022 |
| October 2022 |
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Arrest under s40(1)(a) was lawful; plaintiff’s unlawful-arrest claim dismissed and costs awarded.
Criminal procedure — Arrest without warrant — s40(1)(a) Criminal Procedure Act — requirement that offence/attempt occur in presence of arresting officer — onus on State to prove lawfulness; credibility assessment of witnesses; vicarious liability of State for actions of police.
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20 October 2022 |
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A plea referring to an undisclosed ‘actual’ agreement without particulars or annexure breached Rule 18 and was struck out.
Pleadings — Uniform Rule 18(4),(5),(6) — Requirement to plead material facts with sufficient particularity; contract — state whether written or oral, when, where, by whom, and annex written part relied on; vagueness/embarrassment — Rule 30 relief for irregular step under Rule 18(12); onus of proof irrelevant to pleading sufficiency.
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11 October 2022 |
| September 2022 |
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Court ordered repayment and interdicted co-director from using or alienating company funds pending liquidation.
Company law – director’s fiduciary duties – unauthorized withdrawal of company funds; Interim interdict – requirements satisfied to prevent dissipation pending liquidation; Authority to act – acting for company without formal resolution permitted in urgent breach context; Costs – attorney-and-client costs justified for misconduct and contempt of undertaking.
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22 September 2022 |
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Exemption from internal remedies allowed for child’s best interests, but identity number issuance to non-resident child was unlawful.
Births and Deaths Registration Act; Identification Act—identity numbers limited to citizens and permanent residents; PAJA s7(2)(c)—exemption from exhausting internal remedies in best interests of child; Administrative law—organ of state may review its own unlawful action under principle of legality; Procedural—registration in country of origin and grant of permanent residence prerequisite to allocation of identity number to foreign-born minor.
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20 September 2022 |
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PAJA exhaustion waived for child's interests; first child's identity number unlawfully issued and set aside; second child not entitled.
Administrative law – PAJA – section 7(2)(c) exemption – exceptional circumstances where child’s best interests justify exemption. Births and Deaths Registration Act & Identification Act – population register – identity numbers only for citizens or lawfully permanent residents. Requirement that births of children of foreign-citizen parents be registered with country of origin before permanent residency and identity number allocation. Principle of legality – organ of state may review its own unlawful administrative action; PAJA not applicable to such review.
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20 September 2022 |
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Applicant not entitled to access or re-mark special assessment; urgency abused; application dismissed with costs.
Administrative law; academic assessment – entitlement to inspection and re-marking of special examination papers; urgency and abuse of process; requirements for final interdict; Plascon-Evans approach to disputed facts.
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8 September 2022 |
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Arrest and detention were lawful under s40(1)(b); malicious prosecution not established due to reasonable and probable cause.
Criminal procedure — arrest without warrant (s40(1)(b) CPA) — objective reasonable-suspicion test; Detention and bail — relevance of docket, SAPS circulation/warrant and Schedule 1 offences; Malicious prosecution — requirement of reasonable and probable cause and animus injuriandi; Credibility — weight of documentary docket evidence and witness reliability.
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8 September 2022 |
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Default judgment granted where defendants failed to appear at agreed hearing; capital, interest and punitive costs awarded.
Civil procedure – Default judgment – Non‑appearance at agreed hearing – Adverse inference and granting of default judgment. Contract – Oral partnership agreement for procurement of government tender – claim for monies owed. Costs – punitive costs and interest awarded where defendant deliberately disregards court process. Interest – awarded from date of demand to date of payment; interest on costs from 14 days after allocation.
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6 September 2022 |
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Default judgment granted to the applicant after the respondent failed to appear, ordering R1,071,500 plus interest and costs.
Civil procedure – Default judgment – Defendants' unexplained non-appearance on agreed hearing date – Oral partnership agreement for supply of surgical masks – Conditional tender of part payment – Court infers absence of bona fide defence – Interest from date of demand; punitive costs; payment into attorneys' trust account.
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6 September 2022 |
| August 2022 |
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Applicant not entitled to municipal-funded legal representation because alleged offences arose outside her official powers.
Municipal law – Legal representation for councillors – Section 109A Local Government: Municipal Systems Act – entitlement only where proceedings arise from exercise of powers or performance of duties. Municipal finance – MFMA s117 and municipal Supply Chain Management Policy – councillors prohibited from participating in procurement. Administrative law – PAJA – requirement of direct, external legal effect and adverse rights for administrative action. Review grounds – unauthorised decision-maker, irrationality and lack of reasons considered but unnecessary once s109A inapplicable.
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25 August 2022 |
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Attorney liable for breach of mandate after RAF claim prescribed; damages reduced for plaintiff's contributory negligence.
Attorney negligence – breach of mandate by failing to pursue RAF claim leading to prescription; causation and quantum determined by assessment of driver’s and pedestrian’s negligence; contributory negligence – 50% apportionment; damages and costs awarded.
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23 August 2022 |
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Reported
Employer may not unilaterally deduct alleged overpayments months after a strike; s34 BCEA requires consent or legal authorisation.
Labour law — no-work-no-pay — deductions from remuneration — Basic Conditions of Employment Act s34(1) and s34(5) — overpayments and "error" — requirement of consent or lawful authorisation — limits and fair procedure under s34(2) — common-law set-off — self-help; PSA obo Ubogu and related authority considered.
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5 August 2022 |
| July 2022 |
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Application to remove unlawful dwellings dismissed for lack of standing and because an extant 2018 interdict covered the same relief; no costs ordered.
Constitutional and procedural law – locus standi in judicio – applicant NPO failed to allege or prove direct/current interest or rely on s38 grounds; duty to prove standing rests on applicant. Civil procedure – mootness and res judicata considerations – existence of extant interdict (confirmed 2018) dealing with same subject rendered relief unnecessary. Costs – discretion to refuse costs where applicant is an NPO and respondent failed to disclose earlier order.
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26 July 2022 |
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Arrest under section 40(1)(b) was lawful: reasonable suspicion existed from fingerprint linkage and plaintiff’s inadequate explanations.
Criminal Procedure Act s40(1)(b) – warrantless arrest – reasonable suspicion – fingerprint linkage as sufficient basis for suspicion – officer’s discretion to arrest – credibility of post-arrest explanations – burden on arrested person to prove improper exercise of discretion.
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26 July 2022 |
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Rule 35(3) compels state respondents to make medical records available for inspection or swear they are not in their possession; PAIA does not excuse non-compliance.
- Civil procedure – discovery – Uniform Rule 35(3) – party must make requested documents available for inspection or swear they are not in possession or control. - Administrative law / access to information – PAIA s7(1) excludes records requested for use in pending civil proceedings; PAIA not a bar to Rule 35(3) discovery. - Medical records – disclosure in litigation involving alleged medical negligence by state health facility. - Evidence – failure to annex proof of alleged invitation to inspect documents undermines opposing affidavit.
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20 July 2022 |
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Pendente lite Rule 43 application struck from roll for material non‑compliance with declaration and pleading requirements.
Family law – Rule 43 interim matrimonial relief – requirement that applicant file sworn statement in nature of declaration and respondent a sworn reply in nature of a plea – courts may raise procedural non‑compliance mero motu – prolix affidavits and unreferenced annexures inconsistent with Rule 43 – application struck from roll.
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12 July 2022 |
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Applicant's defective and late section 3 notice, and failure to show good cause, warranted refusal of condonation.
Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 – s 3(2) notice requirements and six‑month period; s 3(4) condonation test – (i) non‑extinguishment by prescription; (ii) good cause; (iii) absence of unreasonable prejudice; knowledge of facts vs knowledge of right to sue; defective notice and failure to serve NDPP; prospects of success on condonation applications.
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12 July 2022 |
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Material non‑compliance with Rule 43’s declaration/plea and conciseness requirements warranted striking the interim matrimonial application.
Family law – Rule 43 interim relief – requirement that the applicant deliver a sworn statement in the nature of a declaration and the respondent a sworn reply in the nature of a plea; Rule 43 procedure is hybrid and expedited – must be concise, chronological, and identify relied annexures; Court may raise apparent legal points mero motu; Material non‑compliance with Rule 43 justifies striking the application from the roll; Costs: no order where point raised by court mero motu and respondent did not previously invoke procedural challenge.
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12 July 2022 |
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Provisional sentence granted where claim was liquid and defendants failed to establish prospects of success or inability to pay.
Civil procedure – provisional sentence – claim based on liquid document (plant hire agreement, director’s certificate, invoices) – entitlement to provisional sentence. Provisional sentence – discretion under Twee Jonge Gezellen – inability to pay, even balance of prospects, and reasonable prospect oral evidence may tip balance. Suretyship – allegation defendants did not stand surety for later agreement – insufficient evidence. Rule 30(2) – failure to prosecute/bring application and playing for time as factor in granting provisional sentence.
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1 July 2022 |
| June 2022 |
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Interim interdict refused where applicant failed to establish prima facie right amid serious disputes of fact.
Interim relief — interlocutory interdict — prima facie right where disputes of fact exist (Webster v Mitchell; Gool). Allegation of duress/assault alleged to vitiate sale — credibility and contemporaneous evidence critical. Authority to represent a company — absence of supporting corporate resolution noted. Urgency and alternative remedies — delay and police complaint timing relevant. Costs — punitive attorney-and-client costs where applicant misled court or acted unreasonably.
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30 June 2022 |
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Mandament van spolie granted; ownership declarator and registration interdict refused due to disputed facts and procedural issues.
Civil procedure – urgent application – mandament van spolie – requirements of peaceful undisturbed possession and unlawful dispossession. Juristic persons – locus standi to claim spoliation. Declaratory relief – where ownership is disputed, declaration not appropriate on motion. Interim interdicts against registering authorities – registration and documentary processes to be followed; broad interdictions not granted on motion.
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23 June 2022 |
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An eviction application was dismissed where a respondent’s claimed lien, pending related litigation, and material factual disputes prevented determination on motion.
PIE Act – definition of "unlawful occupier" – whether occupier’s claimed lien/pledge and long-standing possession preclude eviction. Eviction procedure – lis pendens and pending related litigation may render eviction proceedings premature. Motion proceedings – application of Plascon‑Evans where respondent’s version raises genuine disputes of fact requiring trial. PIE Act s4(2) – failure to obtain court directions for service may be condoned if no prejudice, but substantive non-disclosure may justify dismissal.
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9 June 2022 |
| May 2022 |
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Applicant’s urgent interdict failing where interpleader was not invoked and sale in execution was not shown to be fatally flawed.
Civil procedure – execution and sales in execution – competing third-party real rights under special notarial bonds – interpleader (Uniform Rule 58) required to resolve conflicting claims; sheriff entitled to proceed absent clear interpleader demand. Security by Means of Movable Property Act 57/1993 – specification requirement for movable property in notarial bonds to attract protection. Urgency – applicant’s failure to act promptly and to invoke proper procedure may forfeit entitlement to interim relief.
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31 May 2022 |
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Court condoned failure to serve statutory notice under Act 40 of 2002, finding good cause and no unreasonable prejudice.
Institutions of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — condonation under s3(4)(b) — requirements: non-prescription, good cause, absence of unreasonable prejudice — attorney’s mistake and applicant’s ignorance relevant to good cause — condonation may be granted for complete failure to serve notice (Minister of Safety and Security v De Witt relied on).
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31 May 2022 |
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Officer’s failure to investigate an alibi rendered the applicant’s arrest and detention unlawful.
Unlawful arrest and detention; section 40(1)(b) discretion; duty to investigate and verify before arrest; onus on State to justify deprivation of liberty; damages as solatium for unlawful detention.
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26 May 2022 |
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Reported
Occupancy tied to employment became unlawful, but eviction stayed pending ecclesiastical, appellate or mediated resolution.
Eviction (PIE) – unlawful occupier by holding over after employment‑linked tenancy ends – section 4(2) notice procedural compliance – interplay with ecclesiastical arbitration (Beth‑Din) and pending labour/high‑court proceedings – equitable stay of eviction pending resolution.
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13 May 2022 |