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Citation
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Judgment date
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| 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 |
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Rule 48 reviews allocatur-based objections; it cannot be used to compel a taxing master to proceed when taxation is stayed pending LPC proceedings.
Taxation — Review of taxation — Interpretation of Rule 48 — Rule 48 applicable to objections/disallowances and allocatur — Not a mechanism to compel taxing master to proceed — Taxing master’s discretion under Rule 70 to call for documents and await LPC disciplinary outcome.
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15 May 2024 |
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A highest scoring tenderer is not automatically entitled to a contract where the tender documents permit negotiation of market-related price.
Public procurement – tender award – highest points scorer not automatically entitled to contract where bid documents permit post-award negotiations; Preferential Procurement Regulations 2017 (transitional application) and section 217 (Constitution) – market-related pricing and value-for-money considerations; correspondence and meeting minutes can show award remains subject to negotiation.
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14 May 2024 |
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Urgent anti-dissipation interdict dismissed for non-compliance with Rule 6(12), no irreparable harm, and available alternative remedies.
Civil procedure – Urgent applications – Rule 6(12) peremptory: founding affidavit must explicitly set out urgency and why substantial redress cannot be obtained in due course. Interim interdict / anti-dissipation order – requirements: prima facie right, irreparable harm, balance of convenience, absence of other satisfactory remedy. Irreparable harm – loss must be impossible or improbable to recover; mere risk of dissipation insufficient without evidence of intent. Alternative remedies – existing court orders and review proceedings may provide satisfactory relief, negating urgent interim relief.
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10 May 2024 |
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Court assumed jurisdiction but dismissed urgent claim for estate funds because Master's consent under s26(1A) was not obtained.
Civil procedure – jurisdiction – "causes arising" and jurisdictional connecting factors – doctrine of effectiveness and causae continentia. Estates – Administration of Estates Act s26(1A) – release of funds for subsistence contingent on Master’s consent (jurisdictional fact). Interim/mandatory interdict – requirement of clear right and preconditions; executors’ power to release estate funds absent Master consent. Costs – unsuccessful urgent application: costs follow result.
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10 May 2024 |
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A restraint of trade agreement was enforced against a former employee who failed to prove a tacit new employment contract.
Labour law – employment contract – tacit contract – enforceability of restraint of trade – breach of restraint – evidence – balance of probabilities – employment relationship – restraint of trade agreements – burden of proof for tacit contracts – breach of contract by working for competitor within prohibited radius.
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7 May 2024 |
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Warrantless arrest and ensuing detention were lawful; prosecutors had reasonable cause and acted without malice.
Criminal procedure — Warrantless arrest under s 40(1)(b) CPA — objective reasonable suspicion; Bail and detention — Schedule 6 offences and s 60(11)(a) CPA; Prima facie case and prosecutors’ discretion; Malicious prosecution — requirement of reasonable and probable cause and animus injuriandi; Acquittal not determinative of malice.
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6 May 2024 |
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Leave to appeal dismissed as the matter is moot and applicants lacked reasonable prospects of success.
Civil procedure – leave to appeal – Superior Courts Act s17 and s16(2) – mootness and lack of practical effect Municipal law – Electricity By‑Laws – Item 6(1) and Item 21 – pre‑termination notice and prescribed methods of service Administrative law – doctrine of legality and enforcement of municipal by‑laws Pleadings – adequacy of founding affidavit re non‑receipt of notice; impermissibility of deciding unpleaded issues Substantial compliance – cannot cure failure to follow imperative by‑law provisions
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2 May 2024 |
| April 2024 |
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Res ipsa loquitur applied; respondent found 100% liable after failing to rebut applicant’s uncontradicted evidence.
Road Accident Fund – motor collision – res ipsa loquitur – vehicle driven onto incorrect side of road – negligence and causation. Onus – applicant’s uncontradicted evidence accepted where respondent fails to offer an explanation. Costs – successful party awarded costs of postponement including specified expert and counsel fees. Procedure – separation of merits and quantum (Rule 33(4)); strict compliance with Rule 36(9) expert-notice timetable required.
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30 April 2024 |
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State rebutted claim of sane automatism; accused convicted of murder but premeditation not established.
Criminal law – non-pathological criminal incapacity (sane automatism) – onus on State to rebut – expert psychological reports – voluntariness of act – conduct before, during and after incident (locking doors, procuring knife, destroying phones) – premeditation not proven.
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29 April 2024 |
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The contract took effect only on the signed execution date; the Engineer’s early commencement and the Employer’s cancellation were unlawful, entitling the applicant to proven damages.
Contract law – commencement: execution/execution clause determines contract effective date; written signed variation required (non-variation clause). Agency/Engineer – limits of authority: engineer cannot act ultra vires before contract formation. Termination – unlawful repudiation where Employer in breach elects to cancel rather than remedy; constitutional/public policy balancing (Beadica). Payment certificates – Engineer’s ruling remains in force pending adjudication/arbitration/court; dispute notice alone does not suspend payment obligation (GCC cl.10.3.3). Remedies – Plaintiff entitled to proven damages; quantum postponed sine die; costs to successful party.
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21 April 2024 |
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Applicant may amend pleadings to alternatively challenge and seek review of a purported lease concluded without compliant procurement.
Pleadings – amendment under Uniform Rule 28 – alternative pleading challenging purported lease and seeking review; review relief against decisions of an organ of state may be pursued in action proceedings; alleged contradictions and minor typographical errors do not necessarily render pleadings excipiable; procurement and internal policy compliance relevant to validity of leases by public entities.
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16 April 2024 |
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Applicant granted interim interdict preventing municipality from giving effect to termination of its service contract pending review.
Administrative law; interim interdict pending review; procurement — RFQ appointment from panel; legality of municipal contract termination; balance of convenience and irreparable harm; joinder and urgency issues.
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15 April 2024 |
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Reinstatement of a deregistered close corporation for non‑filing of annual returns must follow CIPC’s administrative process; court cannot shortcut it.
Companies Act – deregistration for non‑filing of annual returns – reinstatement primarily an administrative remedy under s82(4) and regulation 40(6)–(7) and CIPC Practice Note; s83(4) judicial remedy does not displace CIPC requirements; urgency not established.
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15 April 2024 |
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Interlocutory application struck where main review was unserved, stayed by case management order, and improperly heard in recess.
Civil procedure — interlocutory relief dependent on main proceedings — importance of proper service; Case management orders — effect and non-suspension by out-of-time leave-to-appeal filing (Superior Courts Act s18); Practice directions — opposed applications during recess require good cause/urgency; Costs — personal liability where applicant causes wasted costs; Biowatch principle inapplicable.
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5 April 2024 |
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Leave to appeal refused: no reasonable prospects that public‑participation finding or Rule 53 approach would be overturned; costs awarded.
Local government law – Municipal rates policy – Constitutional and statutory obligation to facilitate public participation – Adequacy of participatory process. Civil procedure – Rule 53 review and evidence – Use of PAIA disclosure and onus in review proceedings. Appeal – Leave to appeal – reasonable prospects of success and absence of compelling reasons. Obiter dicta – Remarks on substantive rationality non-binding where unnecessary to outcome.
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2 April 2024 |
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Municipality obliged to enforce park by‑laws and implement management plan; court ordered access control, fencing, signage, cleaning and operator appointment.
Municipal law — constitutional and statutory duties of municipalities to administer municipal parks, refuse removal, fencing, noise and public nuisance; enforceability of provincial Operational Environmental Management Plan under Coastal Zone Regulations; municipal manager properly joined; court may grant mandatory relief to compel municipal compliance with by‑laws and environmental management measures.
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2 April 2024 |
| March 2024 |
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Interim stay of garnishee order extended pending two-judge review; prior magistrate recusal suggests arguable bias.
Administrative law – review of magistrate’s garnishee order; judicial bias – prior recusal as indicia of reasonable apprehension of bias; interim relief – stay of execution pending review; procedure – Joint Rules requiring two-judge bench for magistrates’ court reviews; children's interests and urgency in maintenance-related litigation.
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20 March 2024 |
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An exception alleging vagueness and non-compliance with NCA s129 fails where particulars disclose the claim and no prejudice is shown.
Civil procedure – Exception (Rule 23) – Whether particulars disclose a cause of action; vagueness and embarrassment test – Onus on excipient to show prejudice – National Credit Act s129 compliance alleged but not decided on exception – Appropriateness of resolving NCA applicability to a juristic person at trial rather than by exception.
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19 March 2024 |
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Applicant qualified as deceased's next of kin; late internal appeal was a nullity; application dismissed with partial costs against respondents.
PAIA — s34(2)(e)(i) next of kin (partner/life partnership) — s18 particulars of request — s19 duty to assist and notice of intended refusal — s75(1)(a)(i) internal appeal time limits; late appeal nullity — request fee notice — costs for state PAIA non‑compliance.
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19 March 2024 |
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Municipal electricity disconnection without statutorily prescribed 14‑day notice is unlawful; reconnection and costs ordered.
Municipal law – electricity supply by‑laws – mandatory 14‑day pre‑termination notice – methods of service prescribed by item 6(1)(a)–(e) – exclusive and peremptory. Service – sheriff’s placing notice in post‑box (Magistrates’ Court Rule 9(5)) does not supplant specific municipal by‑law service requirements. Administrative law – organs of state must act within empowering provisions; substantial compliance cannot cure failure to comply with peremptory statutory requirements. Remedy – declaratory/interdictory relief confirmed; reconnection ordered and costs awarded.
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5 March 2024 |
| February 2024 |
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The court convicted an accused of sexual assault and rape on corroborated incidents and another accused of failing to report the offences.
Criminal law – Sexual offences – Evaluation of evidence of a single child witness and application of cautionary principles; corroboration by medical and contemporaneous reporting. Criminal law – Rape and sexual assault – conviction where forensic evidence and distress reports corroborate complainant’s testimony. Criminal law – Alibi – assessed in light of totality of evidence; unsupported alibi rejected. Criminal law – Duty to report – s 54(1) Criminal Law (Sexual Offences and Related Matters) Amendment Act; forgetfulness defence requires medical proof.
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29 February 2024 |
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Service on an attorney of record and adequate short notice defeat a Rule 6(12)(c) reconsideration where the respondent wilfully absented.
Civil procedure – urgent applications and reconsideration under Uniform Rule 6(12)(c); service on attorney of record valid under Rule 4(1)(aA) and Rule 1 definition of "party"; adequacy of short notice where court directive met; purpose of Rule 6(12)(c) to protect those deprived of opportunity to be heard, not those who wilfully absent themselves; urgency and balance of convenience in stay of execution pending rescission; costs awarded including costs of opposing sheriff.
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23 February 2024 |
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Applicant proved on a balance of probabilities that a correctional officer assaulted him; respondent held liable for damages and costs.
Prison law/duty of care – assault of inmate by correctional official – vicarious liability of Department for wrongful conduct of its officers. Civil evidence – assessment of credibility – weight of contemporaneous medical notes and internal investigation reports; adverse inferences from failure to produce records or call witnesses. Burden of proof – balance of probabilities in civil claims by detainees.
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22 February 2024 |
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22 February 2024 |
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The accused were convicted of premeditated murder and unlawful firearm possession; robbery count failed due to owner consent.
Criminal law – common purpose and premeditated murder; admissibility of evidence – police interrogation, right to legal representation and self-incrimination; accomplice evidence – cautionary approach and corroboration; robbery – absence of intention where owner consents; minimum sentences – Malgas principles and assessment of substantial and compelling circumstances.
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14 February 2024 |
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Applicant's expulsion set aside for procedural unfairness after tribunal refused postponement pending criminal proceedings.
Administrative law – student disciplinary proceedings – procedural fairness – refusal to postpone pending related criminal proceedings – right to reasonable opportunity to present defence – PAJA ss3(1),3(3)(b) – rule 53 record – representation limited by student disciplinary code.
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8 February 2024 |
| January 2024 |
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Late review of discretionary grant allocation was unreasonably delayed; condonation denied and application dismissed with costs.
Administrative law – PAJA – section 7(1) time period and condonation – commencement date of 180 days; exhaustion of internal remedies under Lotteries Act s26H; discretionary grant allocations — budgetary constraints and regulation of capping principle; allegations of corruption and SIU reports insufficient to excuse delay without corroborating evidence.
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9 January 2024 |