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Citation
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Judgment date
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| September 2022 |
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Exemption from internal remedies allowed for child’s best interests, but identity number issuance to non-resident child was unlawful.
Births and Deaths Registration Act; Identification Act—identity numbers limited to citizens and permanent residents; PAJA s7(2)(c)—exemption from exhausting internal remedies in best interests of child; Administrative law—organ of state may review its own unlawful action under principle of legality; Procedural—registration in country of origin and grant of permanent residence prerequisite to allocation of identity number to foreign-born minor.
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20 September 2022 |
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PAJA exhaustion waived for child's interests; first child's identity number unlawfully issued and set aside; second child not entitled.
Administrative law – PAJA – section 7(2)(c) exemption – exceptional circumstances where child’s best interests justify exemption. Births and Deaths Registration Act & Identification Act – population register – identity numbers only for citizens or lawfully permanent residents. Requirement that births of children of foreign-citizen parents be registered with country of origin before permanent residency and identity number allocation. Principle of legality – organ of state may review its own unlawful administrative action; PAJA not applicable to such review.
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20 September 2022 |
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Applicant not entitled to access or re-mark special assessment; urgency abused; application dismissed with costs.
Administrative law; academic assessment – entitlement to inspection and re-marking of special examination papers; urgency and abuse of process; requirements for final interdict; Plascon-Evans approach to disputed facts.
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8 September 2022 |
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Arrest and detention were lawful under s40(1)(b); malicious prosecution not established due to reasonable and probable cause.
Criminal procedure — arrest without warrant (s40(1)(b) CPA) — objective reasonable-suspicion test; Detention and bail — relevance of docket, SAPS circulation/warrant and Schedule 1 offences; Malicious prosecution — requirement of reasonable and probable cause and animus injuriandi; Credibility — weight of documentary docket evidence and witness reliability.
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8 September 2022 |
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Default judgment granted where defendants failed to appear at agreed hearing; capital, interest and punitive costs awarded.
Civil procedure – Default judgment – Non‑appearance at agreed hearing – Adverse inference and granting of default judgment. Contract – Oral partnership agreement for procurement of government tender – claim for monies owed. Costs – punitive costs and interest awarded where defendant deliberately disregards court process. Interest – awarded from date of demand to date of payment; interest on costs from 14 days after allocation.
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6 September 2022 |
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Default judgment granted to the applicant after the respondent failed to appear, ordering R1,071,500 plus interest and costs.
Civil procedure – Default judgment – Defendants' unexplained non-appearance on agreed hearing date – Oral partnership agreement for supply of surgical masks – Conditional tender of part payment – Court infers absence of bona fide defence – Interest from date of demand; punitive costs; payment into attorneys' trust account.
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6 September 2022 |
| August 2022 |
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Applicant not entitled to municipal-funded legal representation because alleged offences arose outside her official powers.
Municipal law – Legal representation for councillors – Section 109A Local Government: Municipal Systems Act – entitlement only where proceedings arise from exercise of powers or performance of duties. Municipal finance – MFMA s117 and municipal Supply Chain Management Policy – councillors prohibited from participating in procurement. Administrative law – PAJA – requirement of direct, external legal effect and adverse rights for administrative action. Review grounds – unauthorised decision-maker, irrationality and lack of reasons considered but unnecessary once s109A inapplicable.
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25 August 2022 |
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Attorney liable for breach of mandate after RAF claim prescribed; damages reduced for plaintiff's contributory negligence.
Attorney negligence – breach of mandate by failing to pursue RAF claim leading to prescription; causation and quantum determined by assessment of driver’s and pedestrian’s negligence; contributory negligence – 50% apportionment; damages and costs awarded.
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23 August 2022 |
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Reported
Employer may not unilaterally deduct alleged overpayments months after a strike; s34 BCEA requires consent or legal authorisation.
Labour law — no-work-no-pay — deductions from remuneration — Basic Conditions of Employment Act s34(1) and s34(5) — overpayments and "error" — requirement of consent or lawful authorisation — limits and fair procedure under s34(2) — common-law set-off — self-help; PSA obo Ubogu and related authority considered.
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5 August 2022 |
| July 2022 |
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Application to remove unlawful dwellings dismissed for lack of standing and because an extant 2018 interdict covered the same relief; no costs ordered.
Constitutional and procedural law – locus standi in judicio – applicant NPO failed to allege or prove direct/current interest or rely on s38 grounds; duty to prove standing rests on applicant. Civil procedure – mootness and res judicata considerations – existence of extant interdict (confirmed 2018) dealing with same subject rendered relief unnecessary. Costs – discretion to refuse costs where applicant is an NPO and respondent failed to disclose earlier order.
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26 July 2022 |
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Arrest under section 40(1)(b) was lawful: reasonable suspicion existed from fingerprint linkage and plaintiff’s inadequate explanations.
Criminal Procedure Act s40(1)(b) – warrantless arrest – reasonable suspicion – fingerprint linkage as sufficient basis for suspicion – officer’s discretion to arrest – credibility of post-arrest explanations – burden on arrested person to prove improper exercise of discretion.
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26 July 2022 |
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Rule 35(3) compels state respondents to make medical records available for inspection or swear they are not in their possession; PAIA does not excuse non-compliance.
- Civil procedure – discovery – Uniform Rule 35(3) – party must make requested documents available for inspection or swear they are not in possession or control. - Administrative law / access to information – PAIA s7(1) excludes records requested for use in pending civil proceedings; PAIA not a bar to Rule 35(3) discovery. - Medical records – disclosure in litigation involving alleged medical negligence by state health facility. - Evidence – failure to annex proof of alleged invitation to inspect documents undermines opposing affidavit.
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20 July 2022 |
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Pendente lite Rule 43 application struck from roll for material non‑compliance with declaration and pleading requirements.
Family law – Rule 43 interim matrimonial relief – requirement that applicant file sworn statement in nature of declaration and respondent a sworn reply in nature of a plea – courts may raise procedural non‑compliance mero motu – prolix affidavits and unreferenced annexures inconsistent with Rule 43 – application struck from roll.
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12 July 2022 |
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Applicant's defective and late section 3 notice, and failure to show good cause, warranted refusal of condonation.
Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 – s 3(2) notice requirements and six‑month period; s 3(4) condonation test – (i) non‑extinguishment by prescription; (ii) good cause; (iii) absence of unreasonable prejudice; knowledge of facts vs knowledge of right to sue; defective notice and failure to serve NDPP; prospects of success on condonation applications.
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12 July 2022 |
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Material non‑compliance with Rule 43’s declaration/plea and conciseness requirements warranted striking the interim matrimonial application.
Family law – Rule 43 interim relief – requirement that the applicant deliver a sworn statement in the nature of a declaration and the respondent a sworn reply in the nature of a plea; Rule 43 procedure is hybrid and expedited – must be concise, chronological, and identify relied annexures; Court may raise apparent legal points mero motu; Material non‑compliance with Rule 43 justifies striking the application from the roll; Costs: no order where point raised by court mero motu and respondent did not previously invoke procedural challenge.
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12 July 2022 |
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Provisional sentence granted where claim was liquid and defendants failed to establish prospects of success or inability to pay.
Civil procedure – provisional sentence – claim based on liquid document (plant hire agreement, director’s certificate, invoices) – entitlement to provisional sentence. Provisional sentence – discretion under Twee Jonge Gezellen – inability to pay, even balance of prospects, and reasonable prospect oral evidence may tip balance. Suretyship – allegation defendants did not stand surety for later agreement – insufficient evidence. Rule 30(2) – failure to prosecute/bring application and playing for time as factor in granting provisional sentence.
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1 July 2022 |
| June 2022 |
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Interim interdict refused where applicant failed to establish prima facie right amid serious disputes of fact.
Interim relief — interlocutory interdict — prima facie right where disputes of fact exist (Webster v Mitchell; Gool). Allegation of duress/assault alleged to vitiate sale — credibility and contemporaneous evidence critical. Authority to represent a company — absence of supporting corporate resolution noted. Urgency and alternative remedies — delay and police complaint timing relevant. Costs — punitive attorney-and-client costs where applicant misled court or acted unreasonably.
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30 June 2022 |
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Mandament van spolie granted; ownership declarator and registration interdict refused due to disputed facts and procedural issues.
Civil procedure – urgent application – mandament van spolie – requirements of peaceful undisturbed possession and unlawful dispossession. Juristic persons – locus standi to claim spoliation. Declaratory relief – where ownership is disputed, declaration not appropriate on motion. Interim interdicts against registering authorities – registration and documentary processes to be followed; broad interdictions not granted on motion.
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23 June 2022 |
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An eviction application was dismissed where a respondent’s claimed lien, pending related litigation, and material factual disputes prevented determination on motion.
PIE Act – definition of "unlawful occupier" – whether occupier’s claimed lien/pledge and long-standing possession preclude eviction. Eviction procedure – lis pendens and pending related litigation may render eviction proceedings premature. Motion proceedings – application of Plascon‑Evans where respondent’s version raises genuine disputes of fact requiring trial. PIE Act s4(2) – failure to obtain court directions for service may be condoned if no prejudice, but substantive non-disclosure may justify dismissal.
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9 June 2022 |
| May 2022 |
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Applicant’s urgent interdict failing where interpleader was not invoked and sale in execution was not shown to be fatally flawed.
Civil procedure – execution and sales in execution – competing third-party real rights under special notarial bonds – interpleader (Uniform Rule 58) required to resolve conflicting claims; sheriff entitled to proceed absent clear interpleader demand. Security by Means of Movable Property Act 57/1993 – specification requirement for movable property in notarial bonds to attract protection. Urgency – applicant’s failure to act promptly and to invoke proper procedure may forfeit entitlement to interim relief.
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31 May 2022 |
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Court condoned failure to serve statutory notice under Act 40 of 2002, finding good cause and no unreasonable prejudice.
Institutions of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — condonation under s3(4)(b) — requirements: non-prescription, good cause, absence of unreasonable prejudice — attorney’s mistake and applicant’s ignorance relevant to good cause — condonation may be granted for complete failure to serve notice (Minister of Safety and Security v De Witt relied on).
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31 May 2022 |
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Officer’s failure to investigate an alibi rendered the applicant’s arrest and detention unlawful.
Unlawful arrest and detention; section 40(1)(b) discretion; duty to investigate and verify before arrest; onus on State to justify deprivation of liberty; damages as solatium for unlawful detention.
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26 May 2022 |
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Reported
Occupancy tied to employment became unlawful, but eviction stayed pending ecclesiastical, appellate or mediated resolution.
Eviction (PIE) – unlawful occupier by holding over after employment‑linked tenancy ends – section 4(2) notice procedural compliance – interplay with ecclesiastical arbitration (Beth‑Din) and pending labour/high‑court proceedings – equitable stay of eviction pending resolution.
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13 May 2022 |
| October 2020 |
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Demolition of occupied structures pursuant to a general interdict was unlawful; PIE and disaster regulations required court process and remedial restoration.
Land and constitutional law – unlawful evictions – demolition of structures on State land – application of PIE Act and s 26(3) of the Constitution – limits of prior interdicts against land invasion – Disaster Management Regulations restricting evictions during national state of disaster – evidentiary duties of sheriff and State; remedial relief (declarator, restoration, return of goods, costs).
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29 October 2020 |
| September 2020 |
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Collective applicant lacks properly pleaded standing; question whether compensation requires action reserved for full hearing.
Constitutional litigation – locus standi of collective or representative applicants; procedural route for relief seeking pecuniary redress — application versus action; distinction between constitutional reparatory relief and ordinary compensation; joinder/substitution under section 38 of the Constitution.
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21 September 2020 |
| November 2015 |
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Reported
Regulation 32 and s110(2) cannot be used to contract around constitutional procurement requirements; agreement void ab initio.
Municipal procurement – Regulation 32 and s110(2) LGMFMA – exemption to procurement rules only where municipality procures under an existing contract secured by another organ of state or contracts with that organ – must comply with s217 Constitution, PPPFA and LGMFMA – material amendment to terms, price or scope defeats exemption – agreement void ab initio.
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24 November 2015 |
| September 2014 |
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Sale in execution of estate property without executor or Master’s knowledge contravenes s30 and is void.
Administration of Estates Act 66 of 1965 – s29, s30, s42(2) and s102(1)(h) – peremptory restriction on sale in execution of deceased estate immovable property; sale without executor/Master involvement null and void. Service – sheriff attaching process to main entrance insufficient to notify executor; Rule 46(3) compliance required. Warrant of execution does not validate sale contrary to s30. Deeds Registries Act relief – cancellation of transfer and re-registration; creditor liable for costs.
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16 September 2014 |
| June 2014 |
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Court held using a residential property as a connexional office breached zoning regulations; interdict and removal of signage ordered.
Zoning law – residential zoning (Residential Zone 3A) – place of worship/office not permitted primary or consent use; Municipal procedure – Municipal Manager authorised to represent municipality; Interdict – requisites for final interdict (clear right, continuing injury, no alternative remedy); Evidence – Plascon-Evans approach to disputes on affidavits; Signage and admitted activities as indicia of unlawful office use.
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26 June 2014 |
| August 2013 |
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Respondent’s discovery was inadequate but not contumacious; ordered to file comprehensive discovery within ten days or face striking out and judgment.
Discovery — Rule 35(3) — adequacy of discovery affidavits; relevance, possession and control of documents; public‑entity statutory record‑keeping obligations (ECD Corporation Act, PFMA, Public Audit Act); when insufficient discovery justifies striking out a defence; remedial order requiring comprehensive paragraph‑by‑paragraph affidavit and costs awarded.
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7 August 2013 |
| June 2013 |
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Applicant had not exhausted the statutory internal appeal; court directed appeal under s62 and postponed review sine die.
• Administrative law – tenders – award of municipal tender constitutes administrative action subject to PAJA; internal appeal under s62 Municipal Systems Act.
• PAJA s7(2) – requirement to exhaust internal remedies before review; court may direct exhaustion under s7(2)(b) or exempt in exceptional circumstances under s7(2)(c).
• Municipal Systems Act s62 – written notice of appeal with reasons within 21 days from written notification of decision; verbal information does not suffice as notification.
• Right to reasons – constitutional and PAJA obligations to give written reasons to enable effective appeal/review.
• Relief – court may postpone review and direct exhaustion rather than dismiss where internal remedies not exhausted and no exemption sought.
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25 June 2013 |
| January 2013 |
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Reported
Enforcement of a restraint of trade clause refused as no protectable proprietary interest or confidential information proven.
Labour law – Restraint of trade – Employment – Enforceability of restraint clauses – Protectable interests – Confidential information – Reasonableness – Public policy – Constitutional right to trade or occupation.
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8 January 2013 |
| June 2011 |
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Quantum assessed: R300,000 general damages and reduced loss-of-earnings award due to insufficient proof of hawker income.
Road Accident Fund – quantum of damages; assessment of general damages for multiple orthopaedic injuries; loss of earnings — informal hawker — proof of income and application of contingency reduction; Section 17(4)(a) certificate for future medical expenses; evidentiary requirements where records are absent.
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30 June 2011 |
| March 2011 |
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Court extended interim interdict preserving alleged partnership assets but dismissed contempt and joinder‑costs claims.
Interlocutory interdict — prima facie right, irreparable harm and balance of convenience — preservation of alleged partnership assets; Contempt of court — requires deliberate and mala fide breach proved beyond reasonable doubt; Interpretation of interlocutory orders — ejusdem generis and construing general words with specific words; Joinder and costs — applicant as dominus litis must join correct parties; Management of disputed assets pending trial — limited to ordinary letting practices and proper accounting.
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25 March 2011 |
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Interim interdict granted where tender cancellation and re‑award were procedurally unfair and irrational; expedited review ordered.
Administrative law – tenders – cancellation and re‑award – tender process constitutes administrative action under PAJA – audi alteram partem duty to notify and allow representations on adverse information (tax clearance) – irrationality/unreasonableness of awarding cancelled tender to previously disqualified or non‑shortlisted bidders – balancing fair administrative action with learners’ right to education when granting interim relief.
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16 March 2011 |
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Applicant awarded interim contribution for legal and forensic costs to ensure equality of arms in maintenance/divorce proceedings.
Family law – Rule 43 pendente lite contribution – duty of support – equality of arms – interim funding for legal fees and forensic/accounting valuations where respondent’s means central to maintenance claim; marriage out of community does not bar asset investigation where respondent’s means are relevant; inadequate discovery and luxurious litigation conduct justify contribution.
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15 March 2011 |