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Citation
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Judgment date
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| December 2024 |
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High Court overturns magistrate's refusal of bail, emphasizing interests of justice in extradition cases.
Extradition proceedings – Bail pending appeal – Inappropriate application of Coetzee formulation – Interests of justice as benchmark.
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30 December 2024 |
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Plaintiff validly cancelled lease under clause 21.1.1 without seven‑day notice; absolution from instance dismissed.
Lease law – breach and cancellation – interpretation of multi-part breach clause (clause 21.1) – sub-clauses construed as independent grounds for cancellation; clause 21.1.1 permits immediate cancellation for non-payment on due date. Suretyship – renunciation of benefits of excussion and division – plaintiff not required to obtain judgment or exhaust remedies against deregistered principal debtor before suing surety. Civil procedure – absolution from instance – prima facie case required; application dismissed.
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18 December 2024 |
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Rescission of default judgment dismissed for failure to show reasonable explanation for default and prima facie defence.
Rescission of default judgment — requirements: reasonable and satisfactory explanation for default and bona fide defence with prima facie prospects; section 129 National Credit Act — notice and consumer protection obligations; sheriff's return and track-and-trace evidence constitute prima facie proof of service; debtor’s duty to discharge balloon payment after debit order lapse; condonation considered but does not cure substantive failure to meet rescission test.
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17 December 2024 |
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An exception failed: the amended particulars disclosed a cause of action despite reliance on an unpleaded suspensive clause.
Exception — pleading to disclose cause of action — suspensive contractual condition — clause requiring endorsement/authentication — interpretation of contract inappropriate on exception — authenticity of invoices and certification are trial issues — alternative claim of unjustified enrichment.
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17 December 2024 |
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A children’s court order granting grandparent contact was upheld and refined under the Children’s Act in the children’s best interests.
Children’s Act s 23 – contact (access) applications; best interests of the child paramount; social-work reports material; implacable opposition by custodial parent without evidence of harm insufficient to deny contact; structured orders and limited supervision to minimise conflict.
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10 December 2024 |
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Leave to appeal granted because non-joinder of officials personally gives a reasonable prospect of success on appeal.
Contempt of court – committal proceedings – requirement for joinder/personal service of officials in their personal capacities where deprivation of liberty is a possible consequence – application of Matjhabeng and Pheko; Leave to appeal – s 17(1)(a) Superior Courts Act – reasonable prospect of success; Constitutional right to freedom and security (s 12(1)).
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5 December 2024 |
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Rescission refused: company lacked satisfactory explanation and prima facie bona fide defence despite director's standing.
Companies — Rescission of winding‑up orders — standing: company may, through its directors, apply to rescind a winding‑up order without liquidator’s co‑operation; Service — proper service on company, its attorneys and director is crucial; Rescission — applicant must show satisfactory explanation for default and a bona fide defence with prima facie prospects of success; Section 354 — requires exceptional/special circumstances to set aside winding‑up order; Insolvency — existence of security alone insufficient to negate commercial insolvency without supporting particulars.
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3 December 2024 |
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Defendant’s white-line warning was inadequate; owner liable for trip injury from uneven mall paving.
Delict – negligence – duty of care of landowner to invitees; adequacy of warnings for an uneven change in floor level; evidentiary weight of expert opinion without factual foundation; causation in cases of negligent omission (but-for and common-sense analysis).
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3 December 2024 |
| November 2024 |
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Applicant failed to show prima facie right or irreparable harm to justify interdicting a municipal procurement process.
Public procurement — interim interdict pending review — rationality of specific preferential goals and point-weighting under PPPFA and SCMP — requirements for urgent interim relief (prima facie right, irreparable harm, balance of convenience) — separation of powers considerations in restraining public procurement.
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27 November 2024 |
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Eviction refused where genuine dispute over payments and entitlement to transfer; referral to oral evidence on payment computation and transfer.
PIE – eviction by owner – court must consider if eviction is just and equitable, balancing owners' and occupiers' rights. NCA – distinction between incidental credit agreements and credit agreements; interest charged only on default may indicate an incidental agreement not requiring registration. Settlement agreements – enforceability and misrepresentation; consensual novation of payment obligations. ALA s27(1) – purchaser entitled to demand transfer on payment of not less than 50% of purchase price; disputes over computation of payments may require oral evidence. Procedure – material disputes of fact in motion proceedings warrant referral to oral evidence or trial.
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26 November 2024 |
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Leave to appeal granted where delegation compliance and signature placement raised a reasonable prospect that the loan agreement was valid.
Superior Courts Act s17(1)(a) – leave to appeal – reasonable prospect of success; Delegation of powers – authority to sign loan agreements; Land and Agricultural Development Bank Act s26 – categorisation of loan agreements and signatory requirements; Signature placement – whether signing in witness space precludes signatory authority; Contract enforcement – pacta sunt servanda and public policy (Pridwin/Barkhuizen).
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25 November 2024 |
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Whether substantial and compelling circumstances justified departing from prescribed life sentence for the accused who raped an 11‑year‑old.
Criminal law – Sexual offences – Rape of a child under 16 – Plea in terms of s112(2) CPA – Sufficiency of written plea; Sentencing – Prescribed minimum life sentence under s51(1) and Schedule 2 – Substantial and compelling circumstances to justify departure (Malgas, Vilikazi); Sentencing triad (Zinn) – balancing aggravating impact on child and accused’s mitigation; Ancillary orders – entry on National Register for Sex Offenders; court‑ordered psychotherapy via Department of Social Development.
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22 November 2024 |
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Leave to appeal refused: condonation properly granted as prescription and prejudice were not established by the municipality.
Institution of Legal Proceedings against certain Organs of State Act – condonation under s3(4) – good cause and unreasonable prejudice assessed by overall impression (Madinda). Prescription – section 12(3) Prescription Act – knowledge of facts and identity of debtor; mixed question of fact and law (Gericke; Mtokonya). Pleading on prescription – defendant must allege and prove date on which creditor acquired requisite knowledge. Leave to appeal – s17(1)(a) Superior Courts Act – reasonable prospects of success and absence of compelling reasons. Prejudice – requires specific factual basis; general assertions of fading memories/records insufficient.
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21 November 2024 |
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Respondents’ payment of arrears reinstated the credit agreement; proceedings were premature due to defective Section 129 notice.
National Credit Act s129(3) — remedying default and reinstatement by payment of arrears and charges; s129(1) — notice must reach consumer before enforcement; requirement to prove notice reached each consumer; Rule 46 and executability of immovable property — need for nulla bona / special executability and consistency with section 26 right to housing.
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19 November 2024 |
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Second bail application failed: purported new facts were not exceptional under section 60(11)(a); appeal dismissed.
Bail — Schedule 6 offences — section 60(11)(a) C.P.A. — "new facts" requirement — exceptional circumstances — burden on accused (balance of probabilities) — interests of justice — witness intimidation, evidence concealment and flight risk — appeal standard under section 65(4).
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19 November 2024 |
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The respondent lawfully terminated the applicants' board appointments for failing mandatory statutory nomination requirements.
Administrative law – Water Services Act – Schedule 1 item 3(5) – peremptory requirement for written nomination signed by proposer and seconder – non-compliance renders appointment invalid. Administrative law – Section 35(5) WSA – Minister’s power to terminate Water Board appointments – lawful where jurisdictional facts for appointment absent. Procedure – Motion proceedings – Plascon-Evans rule – applicants may not raise new facts in reply; unresolved factual disputes favour respondent. Doctrine of legality – courts enforce mandatory statutory preconditions; public power must remain within law.
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19 November 2024 |
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The respondent’s reconvention was largely excipiable for failing to plead material facts and the basis for enrichment.
Civil procedure – exception to reconvention – pleading requirements under Uniform Rules 18(4), 18(6) and 18(10) – distinction between facta probanda and facta probantia – failure to attach written agreement not necessarily fatal where material terms are pleaded – requirements for pleading duress, misrepresentation, lack of consensus and enrichment causes of action (negotiorum gestio / condictio).
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19 November 2024 |
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No substantial and compelling circumstances justified departing from life imprisonment for a premeditated murder committed in furtherance of a common purpose.
Criminal law – sentencing – section 51(1) CLAA prescribed life sentence; substantial and compelling circumstances; common purpose and premeditation; primary caregiver considerations; lack of remorse and rehabilitative prospects; aggravating conduct (luring, concealment, breach of professional trust); sentence for attempted murder.
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18 November 2024 |
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An intention to apply for asylum does not automatically entitle an undocumented foreigner to release on bail; magistrate’s refusal upheld.
Criminal procedure – Bail appeal – appellate interference only where magistrate misdirected in law or fact; Immigration law – unlawful entry/remain (s49(1)(a)) – expired permit and unexplained delay in seeking asylum can justify refusal of bail; Refugee/Immigration interface – expression of intention to apply for asylum does not automatically entitle release; State duty – Department of Home Affairs must take reasonable steps to facilitate asylum application (Regulation 8).
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1 November 2024 |
| October 2024 |
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Accused convicted of murder and attempted murder for actively associating in a common-purpose shooting; robbery not proved.
Criminal law – Common purpose – active association: presence at scene, awareness, intention, an act manifesting association and mens rea (dolus eventualis) required for liability. Evaluation of witness statements – omissions in initial police statements not necessarily fatal where explained by trauma and proper holistic assessment. Circumstantial evidence – link between accused and third party life policy can be admissible motive/evidential inference. Single witness corroboration – small corroborative facts may suffice to support single witness evidence.
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31 October 2024 |
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Applicant entitled to further interim payment under rule 34A for medical costs and loss of earnings; respondent failed to rebut expert evidence.
Interim payments — Rule 34A URC — Requirements: claim limited to medical costs and loss of income and judgment/admission of liability — Substantial compliance with rule 34A(2) by reliance on expert reports previously served — Respondent must place positive evidence to create real dispute — Court may order substantial interim payment and prescribe timetable for early trial.
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29 October 2024 |
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Trustees had authority, statutory requirements met, trust committed acts of insolvency and final sequestration granted.
Insolvency — trustees’ authority and Master’s certificate — compliance with s9(3)(b); Acts of insolvency — dispositions and attempted removal of property (s8(c),(d)); Liquidated claim requirement (s9(1)) — loan payable on demand; De facto insolvency — liabilities exceeding assets; Advantage to creditors — concursus and supervised realization of assets.
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24 October 2024 |
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Whether exceptional circumstances justify bail for Schedule 6 child sexual offences where accused lives next to complainant.
Bail — section 60(11)(a) (Schedule 6 offences) — exceptional circumstances; section 60(4) factors — risk of influencing/intimidating witnesses; proximity of accused and complainant; new facts on appeal — section 65(2); relocation as bail mitigation; child sexual offences.
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22 October 2024 |
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Court stayed winding-up order and arrest warrants pending rescission hearing, finding urgency and risk to personal liberty.
Companies law – winding-up order – stay of execution pending rescission; Urgent procedure – Rule 6(12) – dispensing with forms; Suspension of execution – Rule 45A – real and substantial justice; Effect of respondent not filing answering affidavit in urgent applications; Rescission procedure – Rule 42(1)(a) vs Companies Act remedies.
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22 October 2024 |
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Whether a hire‑purchase agreement concluded without MFMA/SCM budgetary and procurement compliance is unlawful and void ab initio.
Public procurement; MFMA and SCM policy compliance; IDP and adjustments budget requirements for capital projects; constitutional procurement (s217); sole‑supplier deviation; unlawfulness and voidness of contract; referral for remedial determination under s172(1)(b).
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22 October 2024 |
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A magistrate cannot summarily fine a bail accused under s67A; proper criminal or s67 procedures are required.
Criminal procedure – Bail defaults – s67 and s67A Criminal Procedure Act – section 67A creates an offence and requires ordinary criminal procedure and proof; section 67 prescribes provisional cancellation, forfeiture and 14‑day rule; magistrate may not summarily enquire and fine under s67A.
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22 October 2024 |
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Composite conviction set aside where theft was uncompleted; conviction limited to housebreaking with intent to steal and sentence suspended.
Criminal law – housebreaking with intent to steal and theft – composite or 'rolled-up' charge – single intent/continuous transaction test; duplication of convictions; review under s304(4) CPA; sentencing – misdirection, shockingly inappropriate sentence, substituted wholly suspended sentence; antecedence of sentence.
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18 October 2024 |
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Plaintiff failed to prove, on a balance of probabilities, that an unknown insured driver’s negligence caused the accident; claim dismissed.
Road Accident Fund – liability for bodily injury – necessity for plaintiff to prove on balance of probabilities that accident was caused by negligent insured driver. Evidence – credibility and consistency of pleadings, witness testimony and police accident report – material contradictions undermine causal finding. Absence of defendant evidence does not relieve plaintiff of onus.
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15 October 2024 |
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An appellate court upheld a life sentence for rape, finding no substantial and compelling circumstances to justify a lesser sentence.
Criminal law – Minimum sentences – s 51(1) and (3)(a) Criminal Law Amendment Act – life sentence for rape where prescribed – when substantial and compelling circumstances justify deviation. Sentencing – relevance of age and plea of guilty – both may be neutral absent evidence of immaturity or genuine remorse. Appellate review – interference with minimum sentences limited to irregularity, misdirection or unreasonableness.
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11 October 2024 |
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Arrests and detentions at a roadblock were lawful under s40(1)(a) and s40(1)(b) CPA; civil claims dismissed, matter referred to NPA.
Criminal procedure – arrest without warrant – s40(1)(a) and s40(1)(b) Criminal Procedure Act – reasonable suspicion test – objective grounds for arrest; detention – s50 CPA and constitutional right against arbitrary deprivation of liberty; admissibility/value of unpleaded allegations of torture; referral to NPA for reconsideration of prosecution.
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8 October 2024 |
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The applicant proved driver negligence; apportionment unavailable where the respondent failed to plead contributory negligence.
Road Accident Fund – s17(1) RAF Act – plaintiff must prove delictual elements; Identity discrepancies corroborated by witness and hospital affidavit; Contributory negligence/apportionment require that plaintiff’s fault be placed in issue in pleadings; Defendant’s bare denial insufficient to invoke Apportionment of Damages Act; Costs awarded to successful litigant.
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8 October 2024 |
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Applicant failed to plead or prove detriment or refusal to account; trustee removal application dismissed.
Trusts – removal of trustees – section 20(1) Trust Property Control Act – removal requires detriment to beneficiaries or imperilment of trust assets; pleadings and proof – serious allegations (fraud/theft) must be clearly pleaded and proved; Master’s written endorsement – compliance with section 6(1) – validity of trustee appointments; trust deed interpretation – spouse appointment clause; procedural impropriety – reliance on annexures from unpursued contempt application impermissible; accounting orders – must be precise and enforceable.
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4 October 2024 |
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Applicant not shown to be fit and proper; respondent’s refusal to permit employment at O’Brien Inc was unreasonable and set aside.
Legal Profession — Readmission — ‘Fit and proper’ requirement under LPA — heavy onus of genuine, complete and permanent reformation; Administrative law — refusal to grant prior written consent under s 33(4)(b) LPA — constitutes administrative action reviewable under PAJA where decision is unreasonable or procedurally unfair; Procedural fairness — audi alteram partem and consideration of relevant intervening facts and mitigatory conditions; Mootness — employment issues capable of becoming academic.
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1 October 2024 |
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Convictions for kidnapping and rape upheld; prescribed life sentence affirmed as no substantial and compelling circumstances existed.
Criminal law – kidnapping and rape – evaluation of evidence as a mosaic; single‑witness cautionary rule; weight of corroborative evidence including J88; materiality of isolated contradictions; prescribed minimum sentence under s51(1) Criminal Law Amendment Act – substantial and compelling circumstances; appellate interference with sentencing discretion.
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1 October 2024 |
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Court imposed a lesser sentence for murder due to substantial and compelling circumstances despite the seriousness of domestic violence.
Criminal law – Sentencing – Murder – Substantial and compelling circumstances – Deviation from minimum sentence – Domestic/intimate partner violence – Mitigating effect of surrender and admissions – Section 51(2), Criminal Law Amendment Act 105 of 1997.
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1 October 2024 |
| September 2024 |
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Whether the plaintiff was entitled to party-and-party costs on scale C under Rule 67A/69, or only scale B.
Rule 67A and Rule 69 – party-and-party cost scales A, B, C – prospective application from 12 April 2024; factors for scale selection: complexity, value/importance of relief; architectural/design expert evidence can render an ordinary personal-injury matter complex; absence of novel legal issues disfavors scale C; scale B awarded.
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25 September 2024 |
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Proportionality is inapplicable to forfeiture of proceeds of unlawful activities where no lawful property interest exists.
POCA – forfeiture of proceeds of crime; constitutional property protection (s25) – proceeds of unlawful activity do not attract a lawfully recognised proprietary interest; proportionality analysis inappropriate where no lawful interest exists; procedural limitation – appeal confined to issues granted in leave to appeal.
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25 September 2024 |
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Appeals struck because records partly in Afrikaans (and incomplete) lacked required English translations; magistrates must ensure English record.
Court language of record – English – Heads of Courts resolution – English as language of record for appeals. Interpretation – duty of presiding officer to provide interpreter at State expense where accused/witness not conversant with court language – failure vitiates proceedings. Record on appeal – obligation on appellant/attorney (Rule 49A) to ensure complete English record; incomplete or untranslated records justify striking appeals. Administrative directives – binding guidance in absence of Executive policy; must be implemented by magistrates.
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19 September 2024 |
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Applicant may compel respondent to produce relevant material under section 46 of the TAA, despite prescribed assessment periods.
Tax Administration Act – s46 – information gathering – peremptory power to compel production of relevant material for audit purposes. Prescription – assessment period prescribed does not preclude section 46 requests for relevant material. Constitutional right – privilege against self-incrimination (s35) does not bar compliance with administrative s46 requests in these circumstances. Administrative law – allegations of fishing expeditions and hearsay do not defeat lawful, reasonably specific s46 requests. Distinction between s46 information‑gathering and s99(2) revised‑assessment procedure.
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17 September 2024 |
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Forfeiture on divorce upheld but cannot strip a spouse of a pre-marital, validly registered co-ownership (RDP house).
Divorce — forfeiture of patrimonial benefits under s 9(1) of Divorce Act; pre-marital assets and co-ownership (RDP house) not subject to forfeiture; validity of registered transfer despite formal defects — Deeds Registries Act s 100 and registrar’s rectification power; appeals lie against substantive orders not mere reasoning.
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11 September 2024 |
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Summary judgment refused where respondents raised bona fide jurisdictional, NCA applicability and suretyship disclosure defences.
Civil procedure – summary judgment refused where bona fide defences and triable issues exist; jurisdiction – forum choice and domicilium; Rule 41A – mediation notice served; National Credit Act – large/juristic agreements outside NCA; Suretyship – duty to explain and triable issue of consent; Failure to annex pleaded documents may defeat summary judgment.
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10 September 2024 |
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Mandament van spolie not available to restore electricity disconnected for contractual non‑payment; urgency was self‑created.
Civil procedure – mandament van spolie – possession v personal/contractual rights – electricity supply under commercial contract not incident of possession (Eskom v Masinda). Urgency – Rule 6(12)(b) – self‑created urgency and duty to disclose sequence of events. Quasi‑possession – when electricity can qualify as incident of occupation (distinguished from Masinda and Harrismith).
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5 September 2024 |
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Application for leave to appeal sentence dismissed for lack of reasonable prospects and no substantial and compelling circumstances.
Criminal procedure – leave to appeal against sentence – test: reasonable prospects of success (S v Smith); sentencing discretion – substantial and compelling circumstances; holistic evaluation of mitigation and aggravation; concurrency as element of mercy.
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3 September 2024 |
| August 2024 |
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Organ of state held in contempt for wilful non-compliance with order; suspended committal imposed subject to purge.
Civil contempt — requirements for committal: order, service, non-compliance, wilfulness/mala fides; evidential burden on respondent; organs of state duty to assist courts; late-filed notices and postponement applications in motion proceedings; suspended committal conditional on purge; attorney-and-client costs for recalcitrant conduct.
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29 August 2024 |
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Warrantless arrest upheld where officer had objectively reasonable grounds to suspect the applicant of a Schedule 1 sexual offence.
Criminal procedure – warrantless arrest – s40(1)(b) Criminal Procedure Act – requirement of reasonable suspicion on objective grounds; Evidence – identification by complainant/mother and witness vehicle description; Burden of proof – on state to justify lawfulness of arrest; Civil damages – unlawful arrest and detention claim dismissed where arrest reasonably justified despite subsequent withdrawal of charges.
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27 August 2024 |
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Special plea of prescription dismissed where defendant’s conduct and plaintiff’s incapacity supported a delictual claim against the Fund.
Prescription – special plea – where plaintiff’s real cause of action is delict for negligent handling of a statutory claim, a special plea targeting prescription of the statutory claim may be misplaced. Road Accident Fund – alleged negligent advice and failure to pursue statutory claim – acquiescence by Fund (offer and payment of medical/care costs) undermines reliance on prescription. Incapacity – severe physical impairment and possible cognitive difficulty – appointment of curator ad litem for quantum appropriate.
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27 August 2024 |
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Tender award set aside where bidder met eligibility requirements and was unlawfully disqualified without seeking clarification.
Administrative law; public procurement – meaning of “acceptable tender” – compliance ‘in all respects’ with tender specifications; procedural fairness under PAJA; duty to seek clarification and allow representations; review and setting aside of disqualification and award; remittal for de novo adjudication.
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27 August 2024 |
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Appellate court granted bail where State’s case was weak and alleged confession was unparticularised and possibly coerced.
Criminal procedure — Bail — onus and exceptional circumstances under s60(11)(a) — requirement that State show likelihoods under s60(4); Admissibility of confessions — necessity to prove prima facie admissibility; allegations of torture vitiating reliance on confession; Misclassification of charges as Schedule 6 where charge sheet lacks requisite particulars; Scope of appellate review of magistrate’s discretionary refusal of bail.
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23 August 2024 |
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Appellate court upholds rape conviction and life sentence; single child witness with cognitive impairment found credible.
Criminal law – rape of a child – single child witness with cognitive impairment – cautionary rule – proof of sexual penetration – weight of medical and corroborative evidence – sentencing – prescribed minimum life imprisonment – substantial and compelling circumstances.
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22 August 2024 |
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Urgent application improperly brought and unexplained delay justified striking matter off the roll with costs against the applicant.
Civil procedure – Urgent applications – Rule 6(12) – Applicant must justify non‑compliance with ordinary rules and explain any delay. Self‑created urgency – An applicant may not wait until normal rules cannot be applied and thereby manufacture urgency. Administrative/regulatory enforcement – Statutory regulatory body must still comply with procedural fairness when seeking urgent interdicts. Costs – Improper classification of matters as urgent may attract an adverse costs order to deter misuse of court process.
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22 August 2024 |