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Citation
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Judgment date
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| December 2023 |
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Reported
Provisional sequestration refused where applicants failed to prove debt, insolvency or trust-account shortfall to establish directors' liability.
Company law – section 19(3) Companies Act – directors of personal liability companies personally liable for contractual debts contracted during period of office; Company law/insolvency – provisional sequestration under Insolvency Act sections 9 and 10 – creditor must prove debt, shortfall and factual insolvency; Evidence – necessity to prove trust-account shortfall by affidavit, not hearsay; Mandate law – theft of damages awards may give rise to contractual claim (breach of mandate) but must be proved.
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5 December 2023 |
| November 2023 |
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Court permits substitution of a misdescribed defendant with a company where amendment is bona fide and causes no incurable prejudice.
Civil procedure – Amendment of pleadings – Uniform Rule 28 permits substitution/correction of misdescribed parties where amendment is bona fide, causes no incurable prejudice and preserves continuity of the claim; Rule 30 irregular proceedings – court may set aside or allow amendment; service on representative/director can suffice as notice.
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30 November 2023 |
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Discharge under s174 granted where medical expert evidence was unqualified and the child complainant’s testimony was unreliable.
Criminal procedure – s174 discharge at close of State case; admissibility of expert medical evidence – qualification and experience of forensic nurse; evaluation of single child complainant’s credibility, capacity and trustworthiness; distinction between consistency and corroboration in sexual offence prosecutions; State’s duty to present technically proficient evidence.
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17 November 2023 |
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Urgent enforcement of a CFO appointment dismissed: no enforceable contract, lack of urgency, and justified investigation into alleged misrepresentation.
Employment law — jurisdiction and interplay with the LRA; Urgency — requirements for urgent relief; Contract formation — letter of appointment as preliminary offer and counter-offer consequences; Non-disclosure/misrepresentation — impact on senior-manager appointment; MEC supervisory powers (s56(6) Systems Act) and separation of powers harm; Interim interdict — Plascon-Evans standard and balance of convenience.
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9 November 2023 |
| October 2023 |
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Receipt of an inheritance does not automatically relieve interim spousal maintenance; non-disclosure may attract cost penalties.
* Family law – Rule 43(6) – interim maintenance pendente lite – purpose to preserve status quo ante – inheritance receipt does not automatically extinguish spousal maintenance obligation.
* Civil procedure – Rule 43(6) variation – material non-disclosure may attract sanctions or variation of urgent relief granted.
* Costs – non-disclosure may lead to forfeiture or reduction of costs awards; courts may set aside urgent payments granted on misapprehension of financial position.
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31 October 2023 |
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A post‑commencement lender can have standing to challenge business rescue, but non‑joinder and inadequate service of creditors defeat immediate relief.
Business rescue — standing of post‑commencement lender as creditor; joinder and adequate service of creditors and affected persons; electronic service by Sheriff authorised with prescribed safeguards; urgency and fair hearing obligations of business rescue practitioner.
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24 October 2023 |
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The plaintiff’s mild head injury deemed to cause lifelong unemployability; substantial loss of earnings awarded.
Road Accident Fund — proof and quantification of past and future loss of earnings; mild traumatic brain injury — persistent cognitive and psychological sequelae causing unemployability; actuarial computation of capitalised loss; court’s discretion on contingency deductions (5% past, 25% future); RAF statutory cap inapplicable where capitalised loss falls below cap.
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10 October 2023 |
| September 2023 |
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Reported
Court granted urgent PAIA disclosure but refused to truncate PAJA’s 90‑day period; each party to pay own costs.
Access to information – PAIA: requester complied with procedural requirements; deemed refusal after 30 days; court may compel production under s82. Administrative justice – PAJA: request for reasons under s5; court declined to reduce 90-day period under s9(1). Urgency and condonation: non-compliance condoned where implementation of award risks prejudice. Third‑party records: possible s47 notification but not fatal to relief.
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19 September 2023 |
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The court condoned non-compliance with procedural rules and ordered release of tender documents, though not reducing PAJA timeline.
Administrative law – Urgent applications – Promotion of Administrative Justice Act – Reasons for tender award – Promotion of Access to Information Act – Right to access records.
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19 September 2023 |
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Court compels the Minister to decide the applicant’s outstanding internal review under the Immigration Act within a reasonable period.
* Immigration law – Internal review/appeal under section 8 of the Immigration Act – Minister as appropriate decision-maker for internal appeals.
* Administrative law – duty to consider and decide internal appeals within a reasonable period where statute is silent on time-limits.
* Procedural relief – mandamus to compel consideration of an internal review; PAJA inapplicable to bar such relief where decision not yet made.
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15 September 2023 |
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Referral to oral evidence dismissed; court orders expert supplementation of Family Advocate report and mediation to determine child's best interests.
Family law – Child relocation – Rule 6(5)(g) – referral to oral evidence requires a material bona fide dispute of fact – evaluative critique of Family Advocate’s report does not necessarily create such disputes – court may order supplementation under s29(5) Children’s Act – appointment and remit of independent expert; mediation under rule 41A.
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15 September 2023 |
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Violent, repeated, weapon‑facilitated rapes did not constitute substantial and compelling circumstances to avoid prescribed life sentences.
* Criminal law – Sentencing – prescribed minimum sentences – applicability of life imprisonment for rape where victim under 16, repeated rapes, or rape by more than one person acting in furtherance of a common purpose.
* Sentencing – substantial and compelling circumstances – personal mitigation (first offender, youth) insufficient where offences are violent, repeated and weapon‑facilitated.
* Ancillary orders – inclusion on National Register for Sex Offenders, placement on National Child Protection Register, firearm disqualification.
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15 September 2023 |
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A close corporation’s claim against a member for misappropriation is not defeated by attributing a surviving member’s knowledge to the corporation.
Close corporations – misappropriation by member – Prescription (s12(3) Prescription Act) – constructive knowledge – attribution of member’s knowledge to corporation – Meridian; Jetivia – where company sues its fiduciary, attribution to defeat claim inappropriate – survivor entitled to withhold insurance proceeds under contractual clause to satisfy corporation’s debt.
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14 September 2023 |
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Unsigned founding affidavit and premature litigation led to dismissal of mandamus application with costs.
Administrative law — mandamus relief against municipality — unsigned founding affidavit fatal to proceedings; rectification without condonation insufficient — locus standi and prematurity; requirement to afford state agency reasonable opportunity to investigate; costs awarded against opportunistic litigant.
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12 September 2023 |
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Interim relief granted to secure seized documents pending review of the validity of search warrants and privacy complaints.
Search and seizure — Validity of search warrants (Cybercrimes Act and Criminal Procedure Act) — Jurisdictional requirements: reasonable suspicion and reasonable grounds that objects connected with offences are at premises — Overbreadth and privacy infringement — Interim relief to secure seized items pending review.
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12 September 2023 |
| August 2023 |
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Court convicted accused of multiple rapes after accepting complainants’ testimony, medical evidence and corroboration, rejecting defence versions.
Sexual offences — rape — evaluation of single‑witness testimony with caution; corroboration by J88 medical reports and contemporaneous conduct; identification evidence — reliability despite no parade; use of weapons (knife/sjambok) as corroborating factor; robbery with aggravating circumstances not established where knife used by co‑perpetrator.
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29 August 2023 |
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Mortgagee entitled to execution; sale of respondent’s primary residence suspended until 1 November 2023 with reserve price.
* Mortgage bond – Uniform Rule 46A application to declare property specially executable – bank’s entitlement to execute on mortgage security – court’s discretion to suspend execution. * Primary residence – consideration of debtor’s personal circumstances, income sources, and prospects to remedy arrears. * Sale in execution – fixation of reserve price and provision for subsequent sale without reserve. * Costs – attorney-and-client scale ordered against respondent.
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17 August 2023 |
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Rule 30 cannot be used to challenge substantive compliance with Rule 32(2)(b); such disputes belong in the summary judgment hearing.
Civil procedure — Summary judgment — Uniform Rule 32(2)(b) — affidavit must verify cause of action, identify points of law, state facts relied upon and briefly explain why defence raises no triable issue — substantive requirements. Civil procedure — Rule 30 — intended for irregularities of form; not appropriate to challenge substantive compliance with Rule 32(2)(b). Summary judgment — objections to supporting affidavits to be raised in summary judgment proceedings (strike out/ignore), not by separate Rule 30 application. Costs awarded, including costs of two counsel.
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8 August 2023 |
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Applicants failed to establish urgency or illegality of municipality's 80/20 prepaid electricity debt-collection policy.
Municipal law – Credit control and debt-collection policy – Lawful implementation of partial restriction (80/20) on prepaid electricity; urgency and interim interdict requirements; tenant standing and evidentiary burden; publication and council adoption of municipal policy; separation of powers and municipal duty to collect revenue.
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1 August 2023 |
| July 2023 |
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The applicant improperly sought striking out under Rule 23(2) instead of pursuing Rule 30 for pleading irregularity.
Civil procedure – interlocutory applications; Rule 23(2) strike‑out – court confined to pleadings; Rule 6(11) – affidavits not always required; Pleadings – Rule 18(6) obligations to identify and annex contracts; Irregularity of form to be addressed under Rule 30/Rule 18(12), not by Rule 23(2).
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27 July 2023 |
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Reported
A municipality may adopt an 80/20 debt collection policy, but must give a 14‑day written notice before restricting pre‑paid electricity purchases.
Municipal law – Credit control and debt collection policy – validity of council‑adopted Credit Control Policy; Pre‑paid electricity – 80/20 allocation of purchases to arrears; Administrative law – procedural fairness/PAJA – 14‑day written notice required prior to implementing debt‑collection measures; Urgent procedure – Rule 6(12) – and costs consequences for non‑compliant affidavits.
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25 July 2023 |
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Municipality failed to comply with order to reconnect electricity; conduct found vexatious and costs awarded.
Municipal law — electricity supply — non-compliance with court order to reconnect supply — alleged electrical fault vs. disconnection for arrears — 80/20 deduction policy — abuse of court process — costs awarded.
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25 July 2023 |
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An urgent Rule 45A application to suspend execution of a default judgment pending rescission was granted and condonation permitted.
* Civil procedure — Urgent application and condonation — Rule 6(12) — Self-created urgency principle.
* Civil procedure — Interim relief suspending execution — Rule 45A — Suspension of operation/execution of default judgment pending rescission.
* Default judgment — Effect on third-party enforcement and risk of contempt proceedings.
* Procedure — Adjudication on applicant's papers where respondent files no answering affidavit.
* Costs — Costs awarded against respondent for opposing interim relief.
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21 July 2023 |
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Court ordered pendente lite custody, maintenance and R35,000 attorneys' fee payment, leaving application costs to the divorce action.
Family law – Rule 43 pendente lite relief – child residence, contact and maintenance – costs: contribution to applicant's attorneys from sale proceeds; discretion under s10 Divorce Act; usual practice to make application costs costs in the divorce action.
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20 July 2023 |
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Arrest and detention were lawful where police had objectively reasonable suspicion and properly exercised their discretion; plaintiff's claims dismissed.
* Criminal Procedure Act s40(1)(b) – arrest without warrant – requirement of reasonable suspicion based on credible, specific information.
* Jurisdictional facts – peace officer, reasonable suspicion, Schedule 1 offence.
* Reasonable suspicion – objective test; corroboration and verification of information required.
* Discretion to arrest – must be exercised rationally, in good faith and not arbitrarily; police standing orders relevance.
* Detention lawfulness – arrest and detention distinct; detention lawful if charged promptly and brought to court; subsequent withdrawal of prosecution does not automatically render prior detention unlawful.
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18 July 2023 |
| June 2023 |
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Municipal rates policy adopted without meaningful public participation was declared unconstitutional and invalid; social housing classification criticised.
Administrative law — Legality review of municipal legislative action — Municipal budget and rates policy — Requirement for meaningful public participation under Systems Act, MFMA and Rates Act — Social Housing Act obligations — Classification of social housing institutions for rates and discretionary rebates — Relief and remedial discretion under s 172 of the Constitution.
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26 June 2023 |
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Leave to appeal against an interlocutory postponement and costs order dismissed; condonation refused and order correction upheld.
* Civil procedure – leave to appeal – interlocutory order postponing trial and costs – leave refused where appeal lacks reasonable prospects or practical effect.
* Condonation – delay in filing leave application – unsatisfactory explanation and prejudice considerations.
* Uniform Rules of Court, Rule 42(1)(b) – correction of patent omission or ambiguity in court order permissible.
* Superior Courts Act – consideration of whether appeal would have practical effect.
* Professional conduct – referral of transcript to Legal Practice Council for indecorous conduct in court.
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20 June 2023 |
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Summary judgment refused where municipal defendant raised bona fide defences including prescription and failure to give Institution Act notice.
* Summary judgment – lease arrears – bona fide defences – ledger entries and invoices disputed – triable issues. * Prescription – interruption by acknowledgement; factual inquiry requiring trial. * Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 – notice requirements may bar claim; condonation inappropriate in summary judgment. * Allocation of payments (clause 4.2) – material and should have been pleaded. * Interest – necessity of demand and proper pleading/particularisation.
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13 June 2023 |
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The insured driver's inopportune right-hand turn across the plaintiff's line of travel was sole cause of the collision.
* Delict – Road traffic collision – negligence – inopportune right-hand turn across right of way – sole cause of collision.
* Evidence – assessment of credibility and probabilities – corroboration by independent witness and photographic/scene evidence.
* Costs – award of costs to successful plaintiff including costs of two counsel and reasonable inspection/photograph costs.
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8 June 2023 |
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An appeal under s12A of the PPA does not, on the statutory text, rebut the common-law presumption that lodging an appeal suspends an administrative licence decision.
Administrative law – Appeal under statute – Whether lodging appeal under s12A of PPA suspends administrative licence decision – Presumption of automatic suspension of administrative decisions pending appeal – Statutory text as determinant of whether presumption is rebutted – Leave to appeal under s17(1)(a) Superior Courts Act requires reasonable prospects or compelling reason.
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6 June 2023 |
| May 2023 |
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Respondent’s staff were negligent in monitoring, but applicant failed to prove that negligence caused the neonatal brain injury; claim dismissed.
Medical negligence – intrapartum fetal monitoring – failure to monitor despite multiple vaginal examinations; Missing medical records – evidentiary consequences and shifted evidentiary burden; Expert joint minute (MRI) – basal ganglia–thalamic peri/intrapartum injury; Causation – necessity to prove negligence caused neonatal HIE; Costs discretion – refusal to order costs against applicant given severe lifelong disability of child.
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9 May 2023 |
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Warrantless arrest and subsequent detention/prosecution were justified; malicious prosecution claim failed; plaintiff’s claims dismissed.
Criminal procedure — warrantless arrest under s 40(1)(b) CPA — reasonable suspicion based on victim statements and J88; detention after first appearance — Schedule 6 offences and s 60(11)(a); malicious prosecution — requirement of reasonable and probable cause and animus (dolus eventualis); acquittal not determinative of malice.
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6 May 2023 |
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Where merits were settled, the court found the respondent’s settlement pragmatic, non‑concessory, and ordered each party to pay own costs.
Administrative law – review of investigating committee decision; costs – discretionary award where merits settled; settlement proposals not necessarily concessions on merits; non‑joinder – necessity to join provincial council, investigating committee and practitioner with direct and substantial interest; Legal Practice Act – role of provincial council and investigating committees; procedural compliance – alleged failure to deliver committee record (rule 53).
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4 May 2023 |
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Applicant allowed to correct defendant's misnomer; amendment granted and respondent ordered to pay attorney-and-client costs.
Civil procedure – amendment of pleadings – correction of misnomer vs substitution of a new party – leave to amend allowed where identity discernible from pleadings and annexures; prejudice required to resist amendment. Costs – punitive attorney-and-client costs for obstructive conduct.
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4 May 2023 |
| April 2023 |
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Debt underpinning occupier’s claimed retention right prescribed; eviction under PIE granted as just and equitable.
Eviction under PIE – occupier’s claimed lien/pledge over immovable property – prescription of underlying debt extinguishing contractual retention right – res judicata/issue estoppel inapplicable where prior judgment did not decide the occupier issue – rule 46A does not prevent private sale once property declared executable.
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25 April 2023 |
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A curator cannot ratify and cure proceedings founded on a plaintiff who lacked locus standi; attorney personally liable for costs.
• Civil procedure – locus standi – proceedings founded on a plaintiff lacking authority are void ab initio and not capable of ratification by a subsequently appointed curator ad litem. • Curator ad litem – scope of powers – ratification limited to acts legally capable of validation; no retrospective conferment of standing. • Costs – costs de bonis propriis – attorney personally liable for reckless or negligent conduct in pursuing void litigation. • Uniform Rules of Court (Rule 41) – withdrawal and costs where no tender made.
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25 April 2023 |
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A curator cannot retrospectively cure lack of locus standi; negligent counsel ordered to pay costs de bonis propriis.
* Procedural law — locus standi — proceedings brought by person lacking authority are void ab initio and cannot be validated by later ratification; * Curator ad litem — scope of ratification — limited to acts capable of being ratified; * Costs — costs de bonis propriis — attorneys may be mulcted where negligent, reckless or unreasonable conduct causes unnecessary costs; * Civil procedure — withdrawal of action (Rule 41) and responsibility for costs when no tender is made.
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25 April 2023 |
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Court found cumulative mitigating factors to be substantial and compelling, imposing an effective 18-year sentence and firearm prohibition.
Criminal law – Sentencing – Prescribed minimum sentences (s.51, Part 1, Schedule 2 Criminal Law Amendment Act) – Substantial and compelling circumstances – Malgas proportionality test – Sentencing triad – Murder and unlawful possession of firearm/ammunition – Declaration unfit for firearm licence.
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19 April 2023 |
| March 2023 |
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Alleged undue influence in consenting to discharge an interim protection order requires oral evidence to determine vitiated consent.
* Civil procedure – Consent orders – Whether consent to discharge an interim protection order was vitiated by undue influence, pressure, fraud or mistake – Compromise may be set aside if consent was vitiated – Disputed facts and credibility require referral for oral evidence. * Urgent interim relief – Rule nisi and reinstatement of security protection – procedural route when applicant alleges compelled consent.
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14 March 2023 |
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A section 317 application filed after 14 days without condonation and lacking evidentiary basis is dismissed.
* Criminal procedure – section 317(1) CPA – timing and condonation – application for special entry must be made during trial or within 14 days after conviction unless condonation on good cause is obtained. * Criminal procedure – court-initiated witnesses – section 186 CPA – court will not call viva voce witnesses absent affidavits or sufficient basis on the papers. * Disclosure – alleged nondisclosure of recording of section 204 witness – where issues were ventilated at trial and on the record, relief by section 317 may be inappropriate; appeal is available.
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10 March 2023 |
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Sequestration applications dismissed: defective nulla bona returns, inadequate valuation evidence and no Master’s certificate.
Insolvency law – Act of insolvency (s 8(b)) – validity of nulla bona sheriff’s return – requirement to record amount demanded – factual insolvency (ss 9(1), 10) – adequacy of unsworn valuations and forced‑sale valuations – advantage to creditors (prospect of not‑negligible dividend) – Master’s certificate requirement (s 9(3)) – NCA registration issue raised but not determinative without collateral challenge to judgment.
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7 March 2023 |
| February 2023 |
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Plaintiff’s amended particulars set aside as irregular for failing to plead and annex written contracts with requisite particularity.
Rule 30 – Irregular proceedings – Amended particulars set aside where pleading fails Rule 18(4) and 18(6) requirements; prejudice required; condonation of short late Rule 30(2)(b) notice permissible; leave to file fresh particulars.
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21 February 2023 |
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A material, uninitialled alteration to a written suspensive condition and failure to produce the original document rendered the sale void, so specific performance was refused.
* Property law – Alienation of Land Act s 2(1) – material terms of sale of land must be reduced to writing and signed – handwritten, uninitialled alteration to suspensive condition creates uncertainty rendering agreement void.
* Evidence – best evidence rule – original document required; secondary copies inadmissible absent established exception.
* Contract – suspensive condition must be pleaded and proved; non-fulfilment prevents contract becoming perfecta; waiver/estoppel cannot revive lapsed condition without proper pleadings.
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14 February 2023 |
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Application to declare regional branch meetings invalid dismissed as moot and overly broad; each party bears own costs.
Political party internal governance; party constitution as contractual agreement; members’ s19 participation rights; declaratory relief and s172 Constitution; doctrine of mootness and exhaustion of internal remedies; judicial restraint in internal party disputes.
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3 February 2023 |
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Pleadings failed to link defendant to contracts and to plead essential contractual elements, rendering refund claim vague and struck out.
Pleadings – exception for vagueness and embarrassing averments – identity and trading name allegations – must adequately link defendant to contracts relied upon – essential contractual terms and factual averments required to sustain a refund or damages claim – particulars struck out with leave to replead.
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2 February 2023 |
| January 2023 |
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A registrar may not grant default judgment enforcing a credit agreement; only a court may under s130 NCA.
National Credit Act s130 – exclusive judicial oversight of enforcement proceedings; Registrar’s powers – Uniform Rule 31(5) and s23 Superior Courts Act do not permit registrars to grant default judgments in NCA matters; Default judgment in credit enforcement granted by registrar is null and void; Procedural – s129 notice by registered post sufficient; condonation for late replying affidavit granted.
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31 January 2023 |
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Court granted postponement for a late proposed amendment but penalised defendants with attorney-and-client costs for inexcusable delay.
Postponement — indulgence requiring full and satisfactory explanation; late applications assessed by prejudice, bona fides, and public interest; Uniform Rule 28 — amendments generally allowed unless mala fide or causing irremediable prejudice; costs — attorney-and-client costs appropriate where inexcusable delay causes unnecessary prejudice.
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31 January 2023 |