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Citation
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Judgment date
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| 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 |
| 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 |