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Citation
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Judgment date
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| February 2026 |
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Court upheld Land Bank’s locus standi on cession evidence and authorised monetary judgment and special execution of mortgaged farm properties.
Civil procedure; locus standi to sue on ceded book debts; proof of cession/recordal; authority to institute proceedings; execution against residential immovable property and Rule 46A; section 33 of Land and Agricultural Development Bank Act; special execution of mortgaged farms.
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3 February 2026 |
| January 2026 |
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Rescission of a liquidation order refused: non-joinder, valid service at registered address, and no bona fide defence.
Company law – liquidation – rescission of final winding-up order – joinder of Master and creditors – locus standi under s 354 Companies Act – service at registered address – Rule 42 and common-law rescission requirements – bona fide defence and explanation for default.
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29 January 2026 |
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Circumstantial, eyewitness and forensic evidence established the accused's guilt for housebreaking, aggravated robbery and murder.
Criminal law – Circumstantial evidence and identity – Application of Blom rules – Forensic/DNA evidence linking accused to scene – Eyewitness identification – Murder and robbery with aggravating circumstances (Criminal Law Amendment Act).
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28 January 2026 |
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An attorney’s unexplained last‑minute withdrawal can attract de bonis propriis costs for wasted preparation and attendance.
Arbitration award — application to make award an order of court — opposed where award complied with; attorney withdrawal — last‑minute withdrawal causing postponement; failure to comply with local rule 7(c) — unexplained conduct; costs de bonis propriis against attorney for wasted costs; costs on scale B including preparation and counsel.
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27 January 2026 |
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Application to restore 50% membership dismissed because material dispute of fact about the oral agreement cannot be resolved on the papers.
Civil procedure — motion proceedings — material disputes of fact arising from oral agreements — application of Plascon-Evans rule and National Director of Public Prosecutions v Zuma — referral to oral evidence where disputes cannot be resolved on affidavits; relief seeking amendment of founding statement — inappropriate where central factual dispute unresolved on papers.
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22 January 2026 |
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Appeal dismissed: identification of perpetrator reliable and life sentence for repeated rape of an 11‑year‑old upheld.
Sexual offences — Rape of a child — Identification evidence under low illumination — Witness familiarity and repeated observation; corroboration by family evidence; prescribed life sentence — absence of substantial and compelling circumstances to deviate.
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21 January 2026 |
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Arrest and remand were lawful based on reasonable suspicion and prima facie evidence; malicious prosecution not established.
Criminal procedure — Lawful arrest and detention — Reasonable suspicion based on recognition by complainant — Exercise of arresting officer’s discretion — Bail/remand under s60 CPA (Schedule 5 offences) — Prosecutorial independence and prima facie case — Malicious prosecution requires malice (animus injuriandi).
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20 January 2026 |
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Warrantless arrest under COVID-19 liquor-sale regulation was unlawful; plaintiff awarded R140,000 for detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) CPA – Requirement that suspected offence be a Schedule 1 offence – Reasonable suspicion must be objectively grounded (Duncan) – Emergency COVID-19 liquor-sale regulations do not automatically constitute Schedule 1 offences – Unlawful arrest and detention – Assessment of solatium for deprivation of liberty.
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20 January 2026 |
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Incorrect nomination form or wrong policy number did not invalidate beneficiary appointment where contractual formalities were otherwise satisfied.
Insurance law — Interpretation of policy — Beneficiary nomination — Contractual requirements are writing, signature and receipt by insurer — Incorrect nomination form or wrong policy number administrative and immaterial where identity and intention clear — Stipulatio alteri argument rejected.
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20 January 2026 |
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Rescission refused: valid service and notice, no sufficient explanation, delay, or prima facie bona fide defence.
Civil procedure — rescission of default judgment — Uniform Rules 31(6) and 42(1)(a) — proper service and procedural entitlement to obtain default judgment — common law rescission requirements: reasonable explanation, bona fide defence, promptness — non-joinder of school governing body not fatal where public school is juristic person (Schools Act).
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20 January 2026 |
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Municipality lawfully disconnected electricity after owner’s valid termination and occupiers received proper pre‑termination notice.
Municipal law – Electricity supply – Termination by property owner – Municipality’s duty to give pre‑termination notice under Municipal Systems Act and by‑laws – Distinguishable from cases where no notice was given – Disconnection not unlawful or an eviction where statutory process followed.
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15 January 2026 |