|
Citation
|
Judgment date
|
| June 2022 |
|
|
Court ordered interim bilingual educator appointments and back-pay pending post-establishment review to protect learners' education.
Urgency; children's best interests and right to basic education; interim relief converting departmental undertakings into court orders; limits on court-ordered appointments where post-provision norms constrain permanent posts; remedial temporary appointments and retrospective pay pending review.
|
23 June 2022 |
|
An urgent interdict seeking the same relief as a set-down main application was struck off as an abuse of process for non-compliance with urgency rules.
Civil procedure – Urgent applications – interlocutory interdict – whether urgency established – compliance with Rule 6 required. Abuse of process – bringing separate urgent application to obtain same relief as pending main application – unjustly 'jumping the queue'. Relief struck off the roll with costs where applicant failed to show urgency and comply with urgency rules.
|
21 June 2022 |
|
State cannot preclude attachment of departmental PMG funds; variation of final medico‑legal judgments requires trial evidence; applicants’ relief dismissed.
• Public finance and execution – State Liability Act and Uniform Rule 45(8) – attachment of right to credit balance in PMG account is permissible; PMG not immune under s 226.
• Interim relief and stays – requirements for interim interdict; balance of convenience and prima facie right – applicants (state) failed.
• Finality of judgments – once‑and‑for‑all rule; variation of final orders substantive and requires trial evidence; development of common law for instalments possible but must be litigated.
• PFMA duties – accounting officer and treasury obligations to budget for known/contingent liabilities; potential financial misconduct and referral under s 86 PFMA.
|
21 June 2022 |
|
Court found intoxication and first‑offender status substantial and compelling to avoid life sentence for double rape of elderly victim.
Criminal law – Sentencing – Minimum Sentences Act s 51(1) and Part I Schedule 2 – rape of an older person and multiple rapes engaging prescribed life sentence – whether rape involved grievous bodily harm – substantial and compelling circumstances – intoxication and first‑offender status as mitigation – concurrent sentences.
|
15 June 2022 |
|
Court set aside tender awards for unlawful disqualification and misapplication of the PPPFA, suspending relief 30 days to protect ongoing projects.
Administrative law – PAJA – commencement of 180‑day period; Municipal procurement – applicability of s62 MSA; Tender law – vagueness of tender requirements (CIDB proof) and responsiveness; Preferential procurement – PPPFA requires price to be included; Remedy – unlawful awards void ab initio but suspension permitted to protect public interest.
|
14 June 2022 |
|
Lis alibi pendens did not bar adjudication of undisputed contractual interest and costs after capital sums were paid.
Civil procedure – lis alibi pendens – elements proven but discretion to proceed may be exercised where justice and convenience so require Contract – entitlement to contractual interest on overdue payments; interest calculation undisputed Costs – bare denial insufficient to resist award of costs Constitutional right of access to courts (s 34) and balance of convenience relevant to exercise of discretion
|
10 June 2022 |
|
Vehicle and trailer were instrumentalities of stock theft but forfeiture was disproportionate because the incident was remote from POCA’s core objectives.
POCA – instrumentality of an offence – property must play a reasonably direct, functional role in commission of offence to qualify as instrumentality. Forfeiture – s50 – balance of probabilities required that property be instrumentality, but separate proportionality analysis under s25 Constitution is mandatory. Proportionality – applicant bears onus to show forfeiture advances POCA’s purpose of combating organised crime; ordinary crime remote from POCA’s core may render forfeiture disproportionate. Innocent owner/mitigating factors – owner’s livelihood and child’s best interests relevant to proportionality enquiry.
|
10 June 2022 |
|
Whether the contemnor has purged civil contempt, appropriate suspension of sentence, striking out offensive affidavit material and dismissing recusal.
Contempt of court — civil contempt; purging contempt by substantive compliance; coercive suspended sentence; balancing vindication of court authority and right to liberty; striking out offensive, irrelevant and racially‑tinged allegations in affidavits; recusal applications and the right to legal representation; attorney‑and‑client costs including two counsel.
|
7 June 2022 |
|
No timely application to be heard on costs; Biowatch and s32 NEMA did not excuse unsuccessful, speculative urgent environmental application.
Costs — reconsideration of costs order — Estate Garlick exception requires timely formal application to be heard on costs where costs not argued; mere correspondence insufficient. Procedural law — functus officio. Environmental law — Biowatch principle does not automatically preclude costs in interlocutory environmental applications; s 32(2) NEMA allows withholding costs where applicants acted reasonably. Leave to appeal — s 17 Superior Courts Act; no reasonable prospects or compelling reasons to appeal costs order.
|
7 June 2022 |
|
Court finds error in magistrate's classification of fraud charge, orders bail with conditions based on appellant’s personal circumstances.
Criminal Procedure – Bail application – classification of offence under the correct schedule – Onus of proof for bail – Consideration of personal circumstances in bail application.
|
7 June 2022 |
|
Attempted overreach by attorney via defective contingency-fee and excessive billing rendered him unfit to practise; suspended for two years.
Contingency-fee agreements — overreaching and excessive billing; professional misconduct — fitness to practise; suspension versus striking off; failure to comply with court directions; disparaging communications as aggravating factor; re-entry by substantive application.
|
7 June 2022 |
|
Whether respondent’s injuries were COIDA occupational injuries, excluding RAF liability and leaving the applicant liable.
COIDA – occupational injury – "arising out of and in the course of" employment; RAF Act ss 17, 19, 21 – substitution of Fund for identified wrongdoers; interplay between COIDA and RAF; concurrent wrongdoers and in solidum liability; s22(4) deeming and employer culpability.
|
7 June 2022 |
|
Claim dismissed as prescribed; plaintiff knew joint estate assets precluding misrepresentation and undue influence claims.
Family Law – Divorce Settlement – Misrepresentation and Undue Influence – Applicability of Prescription Act – Knowledge of Facts for Prescribing Debts.
|
7 June 2022 |
|
The court found a bare fraud charge was Schedule 1, the state failed to show s60(4) risks, and bail was granted with strict conditions.
Criminal procedure – Bail – Classification of offence on charge sheet – Simple allegation of fraud without particulars amounts to Schedule 1 offence. Right to fair trial – Accused must be informed of charge particulars prior to bail hearing; no trial by ambush. Bail – Onus – Where offence is Schedule 1, state must show interests of justice preclude release; state failed to do so where evidence was speculative. s 60(4) CPA – Grounds for refusing bail (danger to public, flight risk, intimidation, undermining justice, public order) require probative evidence, not conjecture. Bail conditions – Court may impose stringent conditions (deposit, residence, reporting, travel notifications, passport restriction).
|
7 June 2022 |
|
Rescission refused: applicants gave unreasonable explanations, lacked a bona fide defence, and non-receipt of s129 notices was not a defence.
Rescission of default summary judgment — requirements: reasonable explanation for default; bona fides; prima facie defence — non-receipt of s129 notices is not per se defence where notices properly dispatched — bare denials and unsupported payment claims insufficient — dismissals with costs on attorney-and-client scale.
|
3 June 2022 |
| May 2022 |
|
|
Default judgment rescinded under rule 31(2)(b) because defendant showed a bona fide defence under s17(1)(e) of the Rates Act.
Civil procedure – rescission of default judgment – distinction between rule 42(1)(a) (erroneously granted orders) and rule 31(2)(b) (good cause) – requirements for rescission under rule 31(2)(b): explanation for default, bona fides and bona fide defence with prospects of success. Municipal law – Municipal Property Rates Act s17(1)(e) – exclusion from rates of parts of national parks not developed or used for commercial, business, agricultural or residential purposes. Intergovernmental Relations Framework Act defence raised but not decided as unnecessary.
|
31 May 2022 |
|
Application to set aside preservation orders dismissed: errors were inadvertent, audit report inadmissible, UIF interest and proceedings established.
Prevention of Organised Crime Act – preservation orders – reconsideration – alleged lack of uberrima fides; admissibility of audit report; UIF’s interest in preserved funds; compliance with court’s order to institute action/arbitration; interpretation and purpose of TERS directive and MOA.
|
31 May 2022 |
|
Appellant's challenge to MEC removal rendered moot by elections, though the MEC likely lacked the required task-team recommendations.
Local government — Code of Conduct for Councillors (Schedule 1, item 14) — MEC powers to investigate, suspend or remove councillors — requirement to act on task-team recommendations — principle of legality and PAJA review — motion proceedings: burden of proof and Plascon-Evans rule — mootness and justiciability under s16(2)(a) of the Superior Courts Act — costs where appeal becomes moot.
|
31 May 2022 |
|
Appeal against rape conviction and life sentence for raping a 12‑year‑old dismissed; evidence and sentence upheld.
Criminal law – Rape of a minor – single‑witness evidence corroborated by pregnancy and third‑party evidence – conviction upheld. Criminal law – Knowledge of complainant’s age – circumstantial indicators (school uniform, relationship with father, appellant’s own daughter) relevant to credibility. Criminal procedure – Delay in reporting sexual assault – delay not necessarily fatal where reasonable explanation and corroboration exist. Sentencing – Zinn triad applied; life imprisonment for repeated rape of a 12‑year‑old resulting in pregnancy not disturbingly inappropriate.
|
31 May 2022 |
|
Conviction for rape of a minor upheld; life sentence reduced to 15 years due to substantial and compelling circumstances.
Criminal law – Sexual offences – Rape of a minor – Conviction supported by complainant’s evidence and uncontested medical evidence of anal penetration; corroboration and credibility considerations. Sentencing – Minimum sentences – Life imprisonment found disproportionate where substantial and compelling circumstances exist (first offender; breadwinner); appellate interference appropriate where trial court materially misdirected. Procedure – Court may condone non‑compliance with time limits in the interests of justice.
|
31 May 2022 |
|
Final consent divorce order cannot be rescinded for unilateral mistake or mere negligence; fraud or justus error not proved.
Family law – Consent orders – Rescission/variation of consent order incorporating settlement: applicability of Plascon‑Evans where relief is final; Rule 42(1)(c) (common mistake) inapplicable absent mutual mistake; rescission at common law limited to fraud or exceptional justus error; unilateral mistake/negligence insufficient; interests of justice/public policy do not permit setting aside where legal thresholds unmet.
|
17 May 2022 |
|
Interim interdict granted: prima facie Clicks is a "supermarket" under the restrictive 2009 agreement and building plans lack valid municipal approval.
Interim interdict – urgency – disclosure of true extent of intended development and promptness of applicants’ steps. Contractual interpretation – whether a Clicks store constitutes a "supermarket" selling foods and household goods under a restrictive clause. Administrative law/building control – municipal approval required in writing; building control officer may only recommend, not grant approval under the National Building Regulations and Building Standards Act. Land-use compliance – alleged non-compliance with Integrated Land Use Scheme (parking). Competition defence and non-joinder of former tenant not finally decided on interim application.
|
17 May 2022 |
|
Selection process breached administrative-justice and procurement standards, but interim interdict was refused; review remedy retained.
Administrative law – procurement – decentralised post-panel selection – RFP and panel contract contemplated selection interviews; selection must still meet section 217(1) standards and PAJA; Treasury Regulation 16A6.6 does not permit departure from constitutional procurement principles; failure to use objective criteria and stopping of deliberation recordings undermines procedural fairness.
|
17 May 2022 |
|
An amendment that increases a claim beyond the magistrate's monetary limit ousts that court's jurisdiction.
Magistrates' Courts Act s29 - monetary jurisdiction; amendment increasing claim beyond jurisdiction. Special plea to jurisdiction - competency after amendment to pleadings that increases claim. Section 37(2) incidental jurisdiction inapplicable where an indivisible claim partly exceeds jurisdiction. Section 39 deduction unavailable where defendant admits only a percentage apportionment (not a specific amount). Apportionment of negligence applies to proven quantum, not to unproven pleaded sums.
|
17 May 2022 |
|
Court found substantial and compelling circumstances to avoid life sentence for murder during aggravated robbery, imposing lengthy determinate terms.
Criminal law – Minimum Sentences Act – murder committed in course of robbery with aggravating circumstances – assessment of substantial and compelling circumstances – weight of guilty plea, remorse, lesser/unarmed role, first offender status – concurrency of sentences; immigration offence sentence.
|
12 May 2022 |
|
Life sentence for rape of an older person upheld; omission to specify Part I(b)(iA) in the charge did not breach fair-trial rights.
Criminal law – Mandatory minimum sentence – section 51(1) Criminal Law Amendment Act – Rape of an older person (Part I(b)(iA) Schedule 2) – Requirement to specify minimum-sentence reliance in the charge – Fair-trial rights – Substantial and compelling circumstances – Appellate review of sentence.
|
10 May 2022 |
|
Condonation granted; arrest unlawful for failure to exercise discretion — damages awarded for six-hour detention.
Criminal procedure — Warrantless arrest under s 40(1)(b) — Discretion to arrest — Police must consider less invasive means and exercise discretion rationally; failure to investigate or to seek explanation can render arrest unlawful; condonation and reinstatement of lapsed civil appeals may be granted where good cause shown.
|
3 May 2022 |
|
Appellate court upheld assault claim, finding magistrate misapplied pleading and evidence rules, awarding damages and costs.
Delict — Assault (actio iniuriarum) — Material facts in pleadings — oral evidence describing being forced to lie down at gunpoint falls within pleaded cause of action; variance not fatal. Civil procedure — Pleadings (Magistrates’ Court Rule 6(4)-(5)) — denial without particulars/dependent evidence (AVL) insufficient; courts should determine real issues where no prejudice arises. Evaluation of evidence — Appellate review where trial court misconstrues pleadings or misapplies credibility principles. Remedies — Appeal court may substitute award on quantum where remittal would be unjust.
|
3 May 2022 |
|
Applicant’s warrantless arrest unlawful; damages increased to R40,000 and costs awarded.
Domestic Violence Act s 8(4)(b) & s 8(5) – warrantless arrest; requirement of reasonable grounds and imminent harm; police discretion and duty to investigate; wrongful arrest and detention – assessment of non‑patrimonial damages; appellate review of trial credibility findings; interest on judgment.
|
3 May 2022 |
| April 2022 |
|
|
The applicant’s inexcusable delay under PAJA and weak prospects of success justified dismissal of leave to appeal with costs.
Administrative law – PAJA s7(1) – condonation for late review applications – discretion to overlook delay remains even where constitutional/statutory illegality alleged; seriousness of breach, reasons for delay, bona fides, prospects of success and public interest are relevant factors. Civil procedure – leave to appeal – reasonable prospects of success and compelling reasons required. Public law – alleged contravention of s41 – bona fides may mitigate seriousness of alleged constitutional/statutory breach.
|
26 April 2022 |
|
Costs apportioned where part of urgent licence application became moot after respondents' decision; each party partly successful.
Liquor licensing; mootness of urgent application; interim relief to trade pending review; mandamus; costs follow the result; apportionment of costs where parties enjoy temporal success; withdrawal and costs tenders.
|
26 April 2022 |
|
Municipal rezoning, removal of restrictive conditions and plan approvals were procedurally flawed and were reviewed and remitted.
Administrative law; land use planning — SPLUMA and LUPO compliance; defective service/notice under s17(2) LUPO; failure to consider objections and give reasons; unlawful approval of building plans deviating from approved SDP; review under PAJA; remedy — set aside and remit; costs.
|
26 April 2022 |
|
An undertaking to maintain salary payments ended when the urgent application was struck off the roll, so the interlocutory application failed.
Interim interdicts; undertakings given at case management meetings; interpretation of undertakings (Endumeni); urgency under rule 6(12); mandatory vaccination policies and employment rights; locus standi and preservation of employment pending review.
|
21 April 2022 |
|
High Court granted eviction despite arbitration clause because arbitration concerned arrears, not the separate eviction issue.
Lease — cancellation for non-payment of rent; arbitration clause — does not automatically oust High Court jurisdiction; stay of court proceedings required to enforce arbitration; lis alibi pendens — inapplicable where arbitration relates only to arrears not eviction; High Court concurrent jurisdiction; ejectment granted; costs on Magistrate’s Court scale.
|
14 April 2022 |
| March 2022 |
|
|
Application to transfer actions to East London circuit court refused: s 27 does not permit transfer to circuit courts.
Superior Courts Act s 27 – removal to "another seat" – distinction between local seats (Minister-established) and circuit courts (Judge President-established); circuit courts not "another seat" under s 27; High Court obliged to hear matters within its jurisdiction; convenience of legal representatives insufficient to warrant removal.
|
29 March 2022 |
| February 2022 |
|
|
Freeplay credits on cashless slot machines are part of the 'drop' and taxable adjusted gross revenue under the EC Act.
Gambling law – statutory interpretation – 'drop' and 'adjusted gross revenue' – inclusion of non‑cashable promotional Freeplay credits in AGR and gambling tax; provincial taxing power and constitutional challenge under s25.
|
24 February 2022 |
|
Provincial department had locus standi; PIE inapplicable to commercial premises; no enrichment lien—eviction ordered with 30 days.
Eviction — State department’s locus standi to sue in its own name; PIE inapplicable where leased premises used commercially; enrichment lien rejected where lease excludes compensation and no proof of expenses or value added.
|
15 February 2022 |
| December 2019 |
|
|
Reported
Admission of children to public schools may not be conditioned on possession of identity documents; clauses requiring such documentation are unconstitutional.
Education law; right to basic education – unconditional right of "everyone" under section 29(1)(a); Admission Policy clauses requiring birth certificates or proof of legalisation unconstitutional; administrative action and PAJA condonation; Circular 06 of 2016 set aside; Immigration Act (ss.39, 42) to be interpreted compatibly with Bill of Rights so as not to bar basic education to undocumented children; best interests of the child and equality and dignity obligations; remedies and mandamus to admit children pending documentation.
|
12 December 2019 |
| April 2019 |
|
|
Amendment changing the alleged negligent driver did not create a new cause of action or render the claim prescribed.
Road Accident Fund Act – statutory claim against Fund as substitute for wrongdoer – identity of driver not essential to debt owed. Civil procedure – amendment of particulars of claim – whether amendment introduces new cause of action or causes prescription to operate. Prescription and condonation – interests of justice test; prejudice to respondent and prospects of success.
|
23 April 2019 |
| March 2019 |
|
|
Joint possession of firearms requires proof of knowledge and intent; mere presence or common purpose is insufficient.
Firearms Control Act – unlawful possession – possession requires corpus and animus; joint possession (Nkosi test) requires group intent to possess via detentor and detentor’s intent to hold for group; mere presence or common purpose for other crimes insufficient; statutory presumptions under s117 not invoked.
|
26 March 2019 |
| January 2019 |
|
|
Failure to give timely statutory notice defeated constitutional damages claims, but an opt‑in class action was certified and procedural steps ordered.
Legal Proceedings Act s 3 — statutory pre‑litigation notice for claims against organs of state — condonation requirements (no prescription, good cause, no unreasonable prejudice) — Prescription Act s 12(3) — knowledge of material facts versus legal conclusions — class action certification (opt‑in) and procedural directions — constitutional damages claim and quantification of loss.
|
8 January 2019 |
| December 2018 |
|
|
An unrepresented accused’s trial was unfair where the magistrate refused assistance, showed hostility, and admitted procedural irregularities.
Criminal procedure – unrepresented accused – duty of presiding officer to explain procedure and evidence and to assist the undefended accused – admissibility of documents and photographs – hearsay – interruptions during cross‑examination – trial fairness – conviction set aside.
|
14 December 2018 |
|
Reported
Pre-sequestration surrender of trust livestock and equipment were voidable preferences under s29; no proven collusion under s31.
Insolvency — disposition wide enough to include surrender/division of livestock and delivery of movable equipment — voidable preference (s29) where made within six months of sequestration and not in ordinary course of business — collusion (s31) requires proof of concurrence/intent to defraud — special notarial bond and statutory pledge do not per se validate transactions made under insolvency pressure.
|
13 December 2018 |
| November 2018 |
|
|
Reported
Applicant’s deliberate dishonesty in admission papers rendered him unfit to be admitted as an attorney; leave to appeal refused.
Admission to legal profession — fit and proper person inquiry — deliberate dishonesty in admission papers outweighs passage of time or disclosure of convictions; Law Society recommendation tainted if based on misleading information; condonation granted but leave to appeal refused for lack of reasonable prospects.
|
23 November 2018 |
| August 2018 |
|
|
Applicant may not rely on an unpleaded act of insolvency; raising new legal points on heads unfair and impermissible.
Insolvency — Act of insolvency — s 8(c) — Preference of creditor; Civil procedure — Motion proceedings — applicant must fully set out case in founding affidavit; raising new legal points on heads of argument impermissible where point does not emerge on papers, facts not fully canvassed and prejudice results; Debt‑rearrangement order under NCA; factual insolvency evidence (Plascon‑Evans).
|
28 August 2018 |
| July 2018 |
|
|
Reported
Taxing master wrongly halved counsel’s first-day trial fee; full fee allowed absent evidence of other appearance work.
Taxation of costs – discretion of taxing master – review test (only interfere if clearly wrong); Counsel’s first-day trial fee – entitlement to full fee where trial postponed/settled on day unless evidence of other appearance work; Local taxation guidelines conflicting with Uniform Rules and case law – cannot be applied rigidly; Improper factual inferences and misplaced evidentiary onus vitiate taxation; Admission of amici – institutional associations admitted, individual costs consultant refused.
|
31 July 2018 |
| March 2018 |
|
|
Stay of execution improperly granted where arbitration could not extinguish taxed costs; appeal upheld and stay set aside.
Stay of execution – arbitration – whether arbitration could negate liability on taxed costs orders; set‑off/counterclaim – not permissible by arbitrator where terms limit inquiry to amounts owing by respondent; exercise of discretion – misdirection of fact vitiating stay; appealability – interlocutory order final in effect and appealable; condonation for late filing of heads.
|
27 March 2018 |
| February 2018 |
|
|
Exception to particulars of claim dismissed; trustees can be personally liable and unjustified enrichment and loss were sufficiently pleaded.
Trust law – trustees’ personal liability – trustees may incur delictual liability to third parties depending on facts and breach of fiduciary duty. Unjustified enrichment – condictio ob turpem vel iniustam causam – relief may be available despite illegality where par delictum rule is relaxed. Civil procedure – exception for vagueness and embarrassment – stringent test requiring prejudice to excipient. Procurement law – allegation of unlawful procurement and alleged gratification in breach of SCM and procurement statutes.
|
20 February 2018 |
| May 2017 |
|
|
Reported
Review court corrected a mistaken statutory conviction, set aside unlawful non-parole and administrative sentencing orders, and substituted reduced sentences.
Criminal procedure – review – erroneous statutory reference in conviction corrected on review; sentencing – section 276B non-parole periods require exceptional circumstances and opportunity to address; separation of powers – court may not direct place of detention or mandate prison rehabilitation programmes; sentencing vitiated by misdirection may be altered on review.
|
19 May 2017 |
|
Reported
Conviction set aside where child’s unsworn, unadmonished evidence required correction; matter remitted for proper admonishment and confirmation.
Criminal procedure — Child witness — Failure to administer oath or admonish under s164 Criminal Procedure Act 51 of 1977 — Formal inadmissibility but procedural/technical irregularity — No substantial prejudice to accused — Conviction and sentence set aside — Matter remitted for proper admonishment and confirmation of evidence (S v B principles).
|
16 May 2017 |