|
Citation
|
Judgment date
|
| December 2023 |
|
|
Applicant established urgency and prima facie right to interim interdict halting a state tender award pending review.
Administrative law – procurement – interim interdict suspending a state tender award pending review; urgency; prima facie right and irreparable harm; balance of convenience and separation of powers; interpretation of returnable schedules and CVs for responsiveness.
|
28 December 2023 |
|
Court interdicted custodial parent’s relocation of child, finding the move not bona fide and contrary to the child’s best interests.
Children — Relocation — Best interests paramount — Bona fides and reasonableness of custodial parent’s move — Adequacy of Family Advocate report — Joint parental rights and structured contact across province — Costs for earlier urgent proceedings.
|
12 December 2023 |
|
Leave to appeal dismissed: hire claim liquidated and contract permitted allocation of payments to damage charges.
Summary judgment – liquidated claim – hire charges; Contractual right to appropriate payments – clause permitting allocation to damage account; Pleaded defence evolving into untenable allocation challenge; Leave to appeal – no reasonable prospect (s 17(1)(a)(i) Superior Courts Act).
|
5 December 2023 |
|
Default judgment refused due to superannuation and insufficient evidence to prove the driver’s negligence.
Civil procedure – default judgment – superannuation/want of prosecution; delay, inexcusable absence of steps and prejudice to defendant; Road Accident Fund claims – requirement to prove negligence under delict (Kruger v Coetzee); limited application of res ipsa loquitur to motor-vehicle collisions where facts are sparse.
|
5 December 2023 |
|
Leave to appeal refused: evidence and registration show intention to transfer the whole property, not merely an undivided portion.
Property law – sale and transfer of immovable property; Subdivision of Agricultural Land Act 70/1970 – sale of undivided portion without ministerial consent; Contract interpretation – intention assessed at moment of transfer; Abstract system of transfer – power of attorney and registration as indicators of animus transferendi; Prescription – condictio claiming transfer of immovable property may be prescribed.
|
5 December 2023 |
|
Appeal court found driver negligent, rejected sudden-emergency defence, set aside dismissal and awarded costs.
Delict — motor collision — negligence of driver — reasonable driver standard; sudden emergency defence; appellate review where trial court misdirected on facts; costs follow success.
|
1 December 2023 |
| November 2023 |
|
|
Purchaser who paid over 50% may compel transfer under s27(1); acceptance of post-cancellation payments interrupts prescription and undermines forfeiture.
Alienation of Land Act – Chapter II limited to land used or intended mainly for residential purposes; s 27(1) – purchaser who paid ≥50% entitled to demand transfer and to specific performance; demand may be made in motion proceedings; seller’s acceptance of instalments after purported cancellation interrupts prescription and undermines cancellation; forfeiture disproportionate where purchaser paid most of price.
|
28 November 2023 |
|
Failure to warn a patient of compartment syndrome and the need for follow‑up amounted to actionable medical negligence, entitling damages.
Medical negligence – failure to warn patient of compartment syndrome risk and need for circulation checks – causal link to amputation; vicarious liability of State health authority; plea of prescription/notice/misjoinder dismissed.
|
28 November 2023 |
|
Condonation granted for late expert notice under rule 36(9); rule 30A application dismissed and costs apportioned accordingly.
Civil procedure – condonation for non-compliance with Uniform Rules – rule 36(9) (expert evidence notice and summary) – requirements: explanation, bona fide defence, absence of irremediable prejudice – rule 30A remedy for non-compliance – expert summaries must remove surprise – addendum may cure formal defects – credibility of expert and dual role matters for trial; procedural striking out under rule 6(15) considered.
|
24 November 2023 |
|
Court upheld single-witness rape conviction and affirmed life sentence; no substantial and compelling mitigation found.
* Criminal law – Sexual offences – Rape – Single-witness evidence – section 108 Criminal Procedure Act – evidence clear, credible and satisfactory in material respects permits conviction. * Criminal law – Sexual offences – Caution in treating complainants – section 60 Criminal Law Amendment Act – complainant in sexual offence not to be treated with caution. * Evidence – Corroboration – medical and DNA evidence supporting complainant’s account. * Sentencing – Minimum sentences – life imprisonment for rape – substantial and compelling circumstances required to deviate; pre-sentencing custody considered but insufficient here. * Appeal – Appellate interference only where trial court misdirected or discretion improperly exercised.
|
23 November 2023 |
|
Interim interdict justified for past unlawful protest, but no final interdict due to insufficient proof of probable repetition.
Interdict — unlawful protest and obstruction of business premises; business right to be free from unlawful interference; municipal permission with “no disruption” clause; assessment of factual disputes on affidavits (Plascon-Evans); requirement of reasonable apprehension of repetition for final interdict; costs against respondents persisting in untenable denials.
|
21 November 2023 |
|
Court set aside municipal approvals for guesthouse after materially erroneous application of a later land‑use scheme and title conditions.
Administrative law — PAJA — condonation and extension of 180‑day period — interpretation of section 9(1) re agreement between parties — affected third parties; Planning law — applicability of zoning scheme and restrictive title conditions; Review grounds — material error of law and irrationality (ss 6(2)(d), 6(2)(f)(ii) PAJA); Relief — set aside decisions, declare development unlawful, direct consent‑use determination on same papers with fee waived; Costs — split orders.
|
21 November 2023 |
|
Rescission refused: late, unexplained application and no prima facie bona fide defence or proof of purchase/delivery.
* Civil procedure — Rescission of default judgment — Rule 31(2)(b) — 20‑day time limit and condonation — requirement to show good cause.
* Good cause — reasonable explanation for failure to defend and bona fide defence with prima facie prospects of success.
* Further affidavits — Rule 6(5)(e) — leave not granted where facts should have been placed earlier or affidavit does not cure deficiency.
* Contract/evidence — absence of purchase order/delivery instructions where service level agreement requires delivery before payment defeats defence to unjustified payment claim.
|
21 November 2023 |
|
Appeal dismissed as moot under open-justice principle—speculative future disclosure insufficient to justify in camera hearing or sealed file.
Tax administration — section 46 requests — confidentiality of taxpayer information (TAA Chapter 6) — in camera hearings and sealed files — open justice on appeal — Superior Courts Act s16(2)(a)(i) (no practical effect) — Rule 35 and judicial oversight of further disclosure.
|
21 November 2023 |
|
The appellants' convictions for kidnapping and rape were upheld; no substantial and compelling circumstances justified reducing life sentences.
Criminal law – rape and kidnapping – single-witness evidence and cautionary rule – corroboration by independent witnesses and J88 report – appellate interference with factual findings – sentencing appeal – substantial and compelling circumstances and prescribed minimum life sentence.
|
14 November 2023 |
|
Applicant granted R17,500 monthly maintenance pendente lite and R10,000 legal-cost contribution after Rule 43 balancing of needs and means.
Family law – Maintenance pendente lite – Assessment of reasonable needs versus respondent’s capacity to pay; Uniform Rule 43(5) – admission of supplementary affidavits discretionary and not as of right; Contribution to legal costs in matrimonial proceedings – sui generis, based on need and parties’ financial disparity; Interim relief – balancing marital standard of living, needs and means.
|
10 November 2023 |
|
Appellate court refuses to disturb trial credibility findings and upholds that police returned fire lawfully under s 49(2).
Delict — police use of force — whether occupants of hijacked vehicle fired at police; justification under s 49(2) CPA; appellate review of trial court credibility findings; material misdirection and omissions in judgment; evaluation of probabilities.
|
7 November 2023 |
|
Failure to assess child witnesses' competency and to use child‑friendly measures rendered their evidence inadmissible, overturning conviction.
Criminal procedure – competency of child witnesses – ss162 and 164 CPA – requirement to enquire into a child witness's capacity to understand oath and distinguish truth from falsehood; Evidence – inadmissibility where oath/affirmation/admonition requirements not met; Child protection – s170A CPA – duty to consider intermediary/child‑friendly measures; Sufficiency of evidence – exclusion of child testimony may render conviction unsustainable despite medical and DNA evidence.
|
7 November 2023 |
|
Applicant's bail granted; magistrate erred in applying Schedule 6 and interests of justice favored release.
Bail — Schedule 5 v Schedule 6 — adequacy of charge sheet particulars; s 60(11)(b) interests of justice enquiry; appellate review of bail where magistrate misdirects; weight of prima facie case; inadmissible/reliance on disputed confession; liberty presumption and substantial bail conditions.
|
3 November 2023 |
| October 2023 |
|
|
Contempt established where respondent wilfully and mala fide failed to return employer laptop; custodial sentence imposed, suspended if returned.
* Civil contempt — committal proceedings for failure to comply with court order directing return of property — requisites: order, service, wilfulness and mala fides (Fakie). * Evidence — Plascon‑Evans approach in motion proceedings; rejection of palpably implausible version. * Forensic evidence admissibility and weight — GPS/Wi‑Fi usage tying device to respondent’s residence. * Sentence — custodial sanction with suspended component conditional on compliance; costs awarded.
|
31 October 2023 |
|
Absence of substantial and compelling circumstances justified life sentences for the accused’s child-rape convictions.
Criminal law — Sentencing — Minimum Sentences Act s 51(1) and Part I of Schedule 2 — child rape — substantial and compelling circumstances — absence justified imposition of life sentences; triad of sentencing factors applied; statutory ancillary orders (sex-offender register; child-protection register; firearm disqualification).
|
27 October 2023 |
|
Referral to oral evidence refused; interim order confirmed against unopposed respondents but discharged against others for insufficient evidence.
Interdict – interim relief – adequacy of affidavits – confirmatory affidavits insufficient where they lack particularisation; referral to oral evidence refused as fishing expedition; unopposed respondents — rule nisi confirmed; opposed respondents — rule nisi discharged for lack of specific evidence; costs accordingly.
|
24 October 2023 |
|
Court awarded R10,872,389 for a minor’s future loss of earnings after applying a 20% contingency and statutory cap.
• Damages – future loss of earnings – quantification for minor with severe traumatic brain injury – reliance on neuropsychological, educational and occupational expert evidence and actuarial computation.
• Contingency deductions – discretionary assessment, comparative authorities, 20% applied where premorbid potential strong but post-injury unemployable.
• Application of Road Accident Fund Act s 17(4)(c) monetary limitation to actuarial award.
• Costs – allowance for necessary expert attendance; exclusion where witness attendance unnecessary.
|
24 October 2023 |
|
Owner entitled to vindicate vehicle after purchaser’s death; electronic sale agreement valid and NCA s129 protection inapplicable.
* Property law – rei vindicatio – owner’s right to recover movable property from possession of another.
* Electronic contracts – electronic signature via one‑time PIN valid under ECT Act and NCA s2(3).
* National Credit Act – section 129 pre-litigation notice not required where holder is Master’s representative (not a ‘consumer’).
* Civil procedure – condonation for late affidavits permitted in interests of finality.
|
24 October 2023 |
|
Applicant granted summary judgment to cancel agreement and return vehicle where e-signature valid and defence not bona fide.
Summary judgment – Uniform Rule 32 (amended) – plaintiff must engage with plea; bona fide defence required; Electronic Communications and Transactions Act s 13(3) – validity of electronic signatures (watermark) – proof of arrears and appropriation of payments – cancellation and return of goods under instalment sale agreement.
|
24 October 2023 |
|
Condonation for late statutory notice refused: cause accrued at arrest; applicant failed to show good cause or absence of prejudice.
Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 — s3(2), s3(3), s3(4)(b): statutory notice requirement — accrual of cause of action in wrongful arrest/detention — cause accrues at arrest — condonation requirements (no prescription pleaded, good cause, absence of unreasonable prejudice) — bare assertion that pending criminal trial prevents civil action insufficient to establish good cause.
|
24 October 2023 |
|
Road authority breached duty to maintain and warn; failure to secure barricade caused collision, defendant 100% liable.
* Delict – Road authority liability – duty to inspect and maintain national roads and make them reasonably safe – failure to secure barricade netting and warn of exposed guard-rail ends – causation of collision.
* Civil procedure – undefended action and separation of merits and quantum – merits determined where defendant failed to deliver notice to defend.
* Contributory negligence – prior knowledge of damage (photographs) considered but no evidence to reduce defendant's liability.
|
17 October 2023 |
|
The court struck out the applicant’s multi‑purpose supplementary affidavit and dismissed condonation as prejudicial and premature.
* Civil procedure – Uniform Rules of Court rule 6(5)(e) – court discretion to admit further affidavits – further affidavits permitted only in exceptional circumstances and within scope of leave granted.
* Civil procedure – Uniform Rules of Court rule 6(15) – court may strike out scandalous, vexatious, irrelevant or new matter, including inadmissible evidence and new matter in reply.
* Pleadings – applicant sought to file a multi‑purpose supplementary affidavit (replying and founding) without leave – abuse of process and prejudicial to respondent.
* Procedural interplay – related proceedings pending in another court (Tax Appeal Court) can render premature the admission of further affidavits in main matter.
* Costs – successful party entitled to party-and-party costs, including costs of two counsel, in complex interlocutory disputes.
|
17 October 2023 |
|
Whether the applicant could recover land allegedly sold without ministerial consent, or whether ownership passed and claims prescribed.
Subdivision of Agricultural Land Act s3(e)(i) – alleged sale of undivided portion without ministerial consent; real agreement under abstract transfer system – animus transferendi/accipiendi; interpretation and severability of cooperation clause; distinction between vindicatory relief and personal condictio; prescription of claims to retransfer of immovable property.
|
17 October 2023 |
|
PAJA does not permit review of magistrates’ judicial rulings or decisions to institute/continue prosecutions; application dismissed.
Administrative law – PAJA – excludes judicial functions and decisions to institute/continue prosecutions; Superior Courts Act s22(1)(b) – review limited to interest in cause, bias, malice or corruption; Criminal procedure – section 85 objections – necessity to annex charge sheet and particularise objections; Jurisdictional challenges to be raised in appropriate trial forum; Application for permanent stay failed.
|
12 October 2023 |
|
Failure to determine a child witness's competency under section 164(1) CPA rendered the appellant's conviction unsafe.
* Criminal procedure – Child witness competency – section 164(1) CPA – presiding officer must determine whether child understands what it means to speak the truth and the nature/import of the oath before admission of evidence. * Role of intermediary – intermediary aids but does not absolve presiding officer of making competency determination. * Appeal – conviction unsafe where central child evidence admitted without proper competency enquiry. * Sentencing – Child Justice Act requires imprisonment as last resort; trial court must consider non‑custodial alternatives.
|
11 October 2023 |
|
Police failed to justify use of force during a POPU crowd-management operation; State held liable for plaintiff’s shooting injuries.
Public order policing – crowd management – Regulation of Gatherings Act and National Instruction – use of force, necessity and proportionality; s49 Criminal Procedure Act – requirements for deadly force in arrests; pleading: confession and avoidance; onus on police to justify force; contemporaneous medical/ambulance records as corroboration of injury.
|
5 October 2023 |
| September 2023 |
|
|
Executrix entitled to R350,000 from sale proceeds; rule nisi confirmed; urgency and service were valid.
Urgency — Rule 6(12) compliance and reconsideration; Service — acceptance by authorised local representative suffices; Motion proceedings — Plascon‑Evans standard for disputes of fact; Interim/final interdict — prima facie/clear right, irreparable harm/apprehension, balance of convenience, absence of alternative remedy; Confirmation of rule nisi ordering payment of R350,000 from trust proceeds.
|
22 September 2023 |
|
Contractual misconduct justified termination; no contractual right to pre-termination hearing; appeal dismissed.
Employment contract – misconduct clause (cl 16.12) and termination (cl 17.3); pre-termination hearing – no express, tacit or implied contractual right; collective agreement – SALGBC not shown to bind non-party employee; notice and payment-in-lieu – contractual entitlement satisfied; municipal authority – termination valid if effected on behalf of municipality; new evidence admitted regarding mayor's later termination.
|
19 September 2023 |
|
Court corrected erroneous charge/sentence references and substituted conviction to section 17(a) using s270, not s86.
Domestic Violence Act – correct statutory provision applicable to pre-amendment conduct; Charge description error – 17(b) vs 17(a); Criminal Procedure Act s86 – no amendment after judgment; Criminal Procedure Act s270 – competent verdict and correction on review; Sentencing – clerical/reference error in suspensive condition corrected without prejudice to accused.
|
19 September 2023 |
|
Assault-intent conviction set aside where plea lacked factual basis and duplicated protection-order contravention.
Domestic Violence Act s17(a) – contravention of protection order; Assault with intent to do grievous bodily harm – requirement of factual basis and proof of specific intent; Duplication/splitting of charges where identical facts underlie distinct offences; Plea convictions must be supported by sufficient factual admissions (see S v Mgcineni).
|
19 September 2023 |
|
Appeal against rape conviction and 10-year minimum sentence dismissed; trial court's credibility findings and sentencing upheld.
* Criminal law – rape – consent – whether sexual intercourse was consensual; corroboration by third party witness.
* Evidence – evaluation – application of conspectus approach and cautionary considerations for single-witness complaints.
* Sentencing – minimum prescribed sentence (s 51(2) Criminal Law Amendment Act) – assessment of substantial and compelling circumstances.
* Appeal – deference to trial court factual findings; interference only for misdirection or demonstrable error.
|
14 September 2023 |
|
Whether the respondent tacitly assumed and became liable for the applicant’s contractual obligations under the maintenance agreement.
Water services authority – tacit assignment/novation of municipal contract – pactum de contrahendo/standing offer – implied exclusivity from substantial preliminary outlay – measure of damages: unpaid invoices and 20% profit on work awarded to others – municipal procurement and internal verification do not negate assumed liability.
|
12 September 2023 |
|
Summary judgment granted for hire and agreed tyre costs; vehicle-damage and mortgage-registration claims left to be defended.
Civil procedure – summary judgment; lease agreements – hire costs liquidated; contractual appropriation of payments; vehicle-damage claims not liquidated; agreed tyre-excess liquidated; interest under National Credit Act; attorney-and-client costs.
|
12 September 2023 |
|
Whether the applicant's dissolution of a water board was executive or administrative action and thus reviewable.
* Administrative law – distinction between administrative and executive action; function-over-function, case-by-case assessment (Motau).
* Judicial review – review under common law principle of legality; rationality of executive decisions.
* Interim appointments – effect of interim board and Oudekraal principle that invalid administrative acts retain legal effect until set aside.
* Leave to appeal – reasonable prospects of success warranting leave to Full Bench.
|
12 September 2023 |
|
Condonation granted for late statutory notice where delay resulted from attorneys' errors and no unreasonable prejudice was shown.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — condonation under s 3(4): prescription, good cause, and unreasonable prejudice — delay attributable to legal representatives’ misadvice — modest prospects of success insufficient to bar condonation — no unreasonable prejudice shown.
|
12 September 2023 |
|
Conviction on circumstantial evidence set aside where Blom requirements not met and reasonable doubt remained.
Criminal law – circumstantial evidence – application of Blom test – inference must be consistent with proved facts and exclude all reasonable alternatives – conviction cannot rest on suspicion; onus on State to prove guilt beyond reasonable doubt.
|
7 September 2023 |
|
Conviction set aside where the accused’s s112 plea did not support the statutory offence charged; DPP to decide on recharging.
Road Traffic Act s65(2)(a) (blood-alcohol) vs s65(5)(a) (breath-alcohol); defective/unclear section 112(2) plea; amendment of charge; review and setting aside of conviction; DPP to decide on recharging.
|
5 September 2023 |
| August 2023 |
|
|
Tacit term for refund on licence refusal cannot be implied into a complete sale agreement; plaintiff’s claim dismissed.
Contract – tacit term (officious bystander test) – whether a refund/voiding term for non‑grant of retail licence could be implied into a sale agreement; Contract interpretation – entire agreement and non‑variation clauses bar implication of inconsistent tacit terms; Evidence – preference for defendant’s witness; Licence refusal due to transformation (25%) requirement; Costs – attorney and client costs for privileged/irrelevant documents.
|
31 August 2023 |
|
The applicant failed to prove another driver’s negligence; claim dismissed for lack of credible, consistent evidence.
Road Accident Fund – s 17(1) liability – onus on claimant to prove negligence of another driver – assessment of single-witness evidence – credibility, reliability and probabilities – effect of inconsistencies between testimony and prior extracurial statements – dismissal for failure to discharge onus.
|
29 August 2023 |
|
Condonation and rescission refused for unexplained delay and absence of a bona fide defence.
Civil procedure – condonation for delay – applicant must account for full period of delay with reasonable explanation; Rescission of default judgment – good cause required under rule 31(2)(b) and common law; requirement of bona fide defence and bona fides of rescission application; costs follow result (party-and-party).
|
29 August 2023 |
|
The rule 33 stated case was inadequate; trial ordered to determine defendants' liability for the child's electrocution.
Rule 33 special case — adequacy of agreed facts, questions of law and contentions; inadmissibility of documents not annexed to stated case; Electricity Regulation Act s25 potential liability; municipal/principal liability for independent contractors and exceptions; necessity of leading evidence where facts disputed.
|
29 August 2023 |
|
The court confirmed that the state must produce a specific, implementable bus‑safety plan and SAPS must provide policing and escorts.
* Transport law – National Land Transport Act – statutory duty to ensure safety of long‑distance buses – requirement for implementable action plan with timelines, assigned responsibilities, resource allocation and inter‑agency strategy.
* Constitutional law – structural relief and supervisory jurisdiction – limits of separation of powers when compelling executive compliance with statutory and constitutional duties.
* Civil procedure – review of adequacy of state action plans – incorporation of Implementation Schedule into operative plan.
* Police obligations – SAPS required to provide visible policing and escorts where accepted in plan/Implementation Schedule.
|
22 August 2023 |
|
General references to “enquiries” or “feedback” in an affidavit do not trigger document production under Rule 35(12).
Rule 35(12) – production requisition – reference in affidavit must be to a specific document or recording; general references to “enquiries” or “feedback” do not engage Rule 35(12); Rule 30A cannot compel production absent proper Rule 35(12) foundation; costs awarded to successful respondents.
|
22 August 2023 |
|
Applicants granted leave to amend plea on multiple grounds; prescription and several defences allowed, disgorgement challenge disallowed; applicants pay costs.
Civil procedure – amendment of plea – leave to amend where amendment raises triable issues; Prescription – s 12(3) deemed knowledge; Pleadings – when particulars disclose cause of action for contractual damages, disgorgement and restitution; Amendments allowed to facilitate fair trial; Delay and bad faith insufficient to bar amendments absent irremediable prejudice.
|
17 August 2023 |