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Citation
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Judgment date
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| June 2025 |
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Appeal dismissed due to lack of relevance and appealability concerning document production order.
Civil procedure – application for leave to appeal – document production – relevance and appealability – test for leave to appeal under section 17 (1) (a) of the Superior Courts Act.
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19 June 2025 |
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Failure to evaluate all submitted bids constituted a reviewable irregularity necessitating a new procurement process.
Administrative Law – Tender process – Evaluation of multiple bids – Procedural fairness and transparency – Review of administrative action under PAJA.
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19 June 2025 |
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Appeal granted due to potential mitigating factors affecting applicant's responsibility during the offence.
Criminal Law – Sentencing – Life imprisonment for murder – Application for leave to appeal considering alcohol influence and emotional state.
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10 June 2025 |
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Leave to appeal refused where confirmed order and forensic findings established contempt for failing to return employer's laptop.
Civil procedure – leave to appeal – s 17(1) Superior Courts Act – reasonable prospects of success test (Ramakatsa; S v Smith). Contempt of court – failure to comply with confirmed rule nisi requiring return of property – failure to purge contempt. Res judicata – binding effect of a confirmed judgment; reliance on prior findings in subsequent proceedings. Evidentiary weight – forensic evidence contradicting respondent’s version of theft. Motion proceedings – limitations of relying on annexures where underlying judgment stands undisturbed.
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6 June 2025 |
| May 2025 |
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Appellant's conviction overturned due to procedural errors and insufficient evidence proving guilt beyond reasonable doubt.
Criminal Law – Admissibility of testimony – oath administration failure – Cautionary rule – child witness credibility and reliability – Insufficient evidence to convict.
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29 May 2025 |
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Section 59A does not obligate police to initiate prosecutor bail proceedings absent a detainee’s request; claim dismissed.
Criminal Procedure Act s59A – prosecutor-granted bail – whether police must initiate process absent detainee’s request; s50(1)(b) – duty to inform detainee of right to apply for bail; lawfulness of detention; interaction of statutory bail provisions and police obligations; reliance on Malisha, Fry and Coetzee.
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23 May 2025 |
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The court affirmed the lawfulness of arrest based on reasonable suspicion of possessing a stolen vehicle.
Arrest and detention – lawfulness of arrest without a warrant – reasonable suspicion for possession of stolen property and unlawfully obtained vehicle.
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16 May 2025 |
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Arrest and detention lawful where police had reasonable suspicion of possession of a recently hijacked vehicle and followed required procedures.
Criminal procedure – arrest without warrant – s 40(1)(e) and (h) CPA – reasonable suspicion based on possession of recently hijacked vehicle and surrounding circumstances; Detention – s 50 and s 39 CPA – bringing arrested persons to court ‘as soon as reasonably possible’ and lawfulness of remand pending investigation; Post‑hearing detention liability – distinction from Woji and requirements for police/prosecutorial culpability; Appellate review – deference to trial court credibility findings unless wrong conclusion shown.
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16 May 2025 |
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Court reverses property sale order due to lack of breach in deed of settlement and improper application of matrimonial law.
Family Law – Post-Divorce Settlement – Breach of Deed of Settlement – Actio communi dividundo – Property Rights Interpretation.
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13 May 2025 |
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Settlement restoring previously expropriated property may be made an order of court; MFMA s14 does not bar restitution where land proved unsuitable.
Property law – expropriation and restitution – restoration of ownership where land expropriated for a public purpose proves unsuitable; Municipal Finance Management Act s14 – transfer/disposal of capital assets not engaged by restitution; Deeds Registries Act s6 – court-ordered cancellation/revival of deeds; settlement agreements – when capable of being made orders of court; costs for bad faith conduct.
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8 May 2025 |
| April 2025 |
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Forfeiture of patrimonial benefits ordered due to plaintiff's substantial misconduct and non-contribution.
Divorce – Marriage in community of property – Forfeiture of patrimonial benefits – Grounds for forfeiture – Substantial misconduct – Financial non-contribution and abuse.
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15 April 2025 |
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Appellate court held defendant bound by contractual warranty for trade‑in vehicle year model and set aside trial judge's unpleaded‑issues dismissal.
Contract — warranty in sale agreement — trade‑in vehicle year‑model warranted by respondent — caveat subscriptor — pleadings define issues — trial court misdirected by deciding unpleaded negligence/consumer‑protection issues — appellate substitution of judgment for damages, interest and attorney‑and‑own‑client costs; appeal costs party and party.
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15 April 2025 |
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Plaintiff proved a latent chimney defect and causation; developer-seller liable despite voetstoots clause; damages to be quantified later.
Sale and liability – latent building defect (timber roof truss built into chimney) – developer/seller’s awareness and fraudulent non‑disclosure – causation of fire by prolonged heating of embedded timber – voetstoots clause inapplicable to latent defects known or concealable by seller – assessment and weight of expert evidence.
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15 April 2025 |
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Applicant’s failure to meet a peremptory lift‑size requirement justified lawful disqualification and dismissal of the review.
Procurement law – tender evaluation – mandatory (peremptory) requirements; interpretation of tender documents (Endumeni); site‑visit verification may displace provisional documentary compliance; non‑compliance with jurisdictional preconditions renders a tender unacceptable; review under PAJA dismissed.
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15 April 2025 |
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Representation by an un-enrolled advocate invalidates proceedings; enrolment under the Legal Practice Act is mandatory for appearance.
Legal Practice Act – admission v. enrolment – enrolment under s 30 required for right of appearance – acting pro bono does not dispense with enrolment – un-enrolled representative’s appearance renders proceedings a nullity.
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15 April 2025 |
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Rescission refused where judgment was erroneously granted but rescission would be futile, disruptive and contrary to the public interest.
• Civil procedure – rescission – Uniform Rule 42(1)(a) – order erroneously granted where judgment obtained before respondents’ time to file intention to oppose had lapsed.
• Discretion in rescission applications – exercise judicially; may consider fairness, justice, all facts and circumstances, and the merits where relevant; futility and undesirable consequences may justify refusal.
• Review proceedings – Rule 53 procedural compliance – record delivery triggers respondents’ time to oppose.
• Security for costs – Rule 49(13) and court’s power to regulate its process in the interests of justice; dispensing with security in appropriate circumstances.
• Mootness – appointment of successor does not automatically render rescission moot; appointment relevant to discretionary exercise.
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10 April 2025 |
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Appeal against rape conviction dismissed due to lack of misdirection and credence of witness testimony.
Criminal Law – Rape – Appeal against conviction – Evaluation of evidence – Identification reliability – Sufficient reasoning by trial court.
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8 April 2025 |
| March 2025 |
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Application of amended minimum‑sentence regime: life for planned attempted murder unless substantial and compelling circumstances exist.
Sentencing — Criminal Law Amendment Act amendments (post‑5 Aug 2022) — attempted murder of potential witnesses attracts prescribed life sentence — requirement to identify substantial and compelling circumstances to deviate — application of sentencing triad — differentiation of sentences where co‑accused have unequal blameworthiness, youth and prospects of rehabilitation may constitute substantial and compelling circumstances.
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28 March 2025 |
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No substantial and compelling circumstances found; life imprisonment imposed for child rape with registration and disqualification orders.
Sentencing — rape of a child by a family member — substantial and compelling circumstances — SORMA and CLAA prescribed life sentence — position of trust and psychological/physical harm as aggravation — ancillary orders: National Child Protection Register, National Register for Sex Offenders, firearm disqualification.
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28 March 2025 |
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A credible child complainant’s clear testimony supported by medical findings can sustain a rape conviction despite no DNA evidence.
Sexual offences – rape of a child – repeated anal penetration; reliance on single child witness evidence and medico‑legal findings. Evidence – competency and trustworthiness of child witnesses (s 208 CPA; Woji); SORMA s 60 prohibits automatic caution in sexual offence cases. Procedure – use of in camera proceedings, CCTV and intermediary for child witnesses (ss 153, 158 CPA; s 170A CPA). Forensic evidence – absence of DNA not necessarily fatal where identification and medical evidence are reliable.
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27 March 2025 |
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Appeal court upheld theft conviction but set aside convictions for break‑in, essential‑infrastructure offence and section 82 possession.
Criminal law – theft – possession of stolen property recovered from vehicle the accused drove – circumstantial evidence and inference of guilt. Criminal law – essential infrastructure offence (Criminal Matters Amendment Act) – element requiring knowledge or that accused ought reasonably to have known structure was essential infrastructure (s3(1)–(2)). Criminal procedure – appellate review of factual findings – Dhlumayo, Blom and Van der Meyden principles. Possession under s82 General Law Third Amendment Act – satisfactory account requirement.
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25 March 2025 |
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The in duplum rule limits pre- and post-judgment interest on statutory pension-contribution debts; the PFA does not exclude it.
In duplum rule – arrear interest ceases once unpaid interest equals outstanding capital – applies to statutory and contractual debts. Pension Funds Act (s 13A) – does not displace common-law in duplum rule absent clear legislative intention. Post-judgment interest – also subject to the in duplum limitation once interest becomes payable. Court not functus officio to determine applicability of common-law interest limitation to earlier judgments where interest was not quantified. Execution – writ setting aside where interest claimed exceeds duplum limit.
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18 March 2025 |
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Removal of trustee dismissed: isolated misconduct did not imperil the trust; Master ordered to reconsider s 7 appointment within 14 days.
Trusts – Removal of trustee – s 20(1) Trust Property Control Act – test: whether continuance imperils trust or its proper administration; resignation of trustee ineffective without Master’s amended letter; Master’s duties under s 7 and Chief Master’s directive – consultation and appointment of independent trustee; internal dispute resolution/arbitration clauses in trust deeds; costs where parties share blame.
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18 March 2025 |
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Court set aside municipal tender award for irrational scoring and failure to consider relevant tender documents; matter remitted for reconsideration.
Administrative law – Public procurement – Tender award reviewable where relevant considerations (submitted certificates) were not considered and reasons for point deductions were not given – PAJA s6(2)(e)(iii),(iv),(vi) – MFMA and Supply Chain Management Regulations confer original powers on accounting officer – s62 Municipal Systems Act inapplicable to original powers – substitution of administrative decision refused; matter remitted for proper scoring.
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18 March 2025 |
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Execution against a primary residence allowed where debtor fails to demonstrate viable alternatives; reserve price fixed.
Civil procedure – Rule 46A URC – judicial oversight before execution against primary residence; burden on debtor to show alternatives. Constitutional proportionality – application of Jaftha and Gundwana principles to execution against residential property. Execution – nulla bona return on movable-asset attachment as gateway to immovable-property execution. Reserve price – determination under rule 46A(9), using forced-sale methodology (70% of market value less rates). Costs – party-and-party costs awarded to judgment creditor (scale B).
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18 March 2025 |
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Whether annexed offer and acceptance suffice to plead a contract despite MFMA written-contract requirements.
Civil procedure — Exception under Rule 23(1) — vagueness and embarrassment; Rule 18(6) — reliance on written contract — annexure of offer and acceptance; Municipal Finance Management Act s116 — written-contract requirements — alleged non-compliance a defence, not a basis to strike pleadings.
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13 March 2025 |
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Spoliation granted: police failed to justify warrantless seizure; university obtained limited interim interdiction against sale.
• Spoliation — mandament van spolie — unlawful deprivation by police — requirements of CPA s22(b)(i) and (ii).
• Criminal Procedure Act s22 — search and seizure without warrant: reasonable belief a warrant would issue and that delay would defeat object.
• Interlocutory interdict — prima facie right, irreparable harm, balance of convenience — restraint on disposing of property pending criminal investigation.
• Anti-dissipation orders — distinction and inapplicability where creditor-defeating intent not alleged.
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11 March 2025 |
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Court confirms theft conviction where appellant diverted prepaid accommodation funds for non-existent services, not merely a civil breach.
Criminal law – Theft – Elements of theft (animus furandi): unlawful and intentional appropriation, intention to permanently deprive, knowledge of unlawfulness – S v Boesak applied. Commercial/fraud schemes – ‘Virtual’ bed-and-breakfast invoicing for non-existent accommodation – payments diverted for personal use. Civil v criminal – Distinguishing breach of contract/condictio indebiti from criminal theft. Appellate review – Deference to trial court credibility and factual findings; interference only in exceptional cases.
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11 March 2025 |
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Whether the applicant validly re-acquired ceded contractual rights and thereby had locus standi to sue.
Cession — distinction between obligatory (underlying) agreement and transfer agreement; transfer may be tacit and requires no formalities. Re-cession — cedent may re-acquire rights by mutual agreement; evidence of repurchase and conduct can establish re-cession. Locus standi — a ceded right validly re-ceded confers standing to sue. Evidence — correspondence and proof of payment may suffice; failure to call an equally available witness is not necessarily fatal. Costs — appeal upheld with costs including counsel; exclusion for irrelevant record pages.
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4 March 2025 |
| February 2025 |
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Rescission refused where valid service was proved and alleged payments did not establish a bona fide defence.
Procedure – rescission of default judgment; Rule 42(1)(a) – judgment erroneously granted without notice; Common law rescission – sufficient cause requires reasonable explanation and bona fide defence; Service – returns of service at domicilium citandi dispositive; Instalment sale – arrears and cancellation; Evidence – post-payment does not automatically discharge arrears if correspondence shows continued indebtedness.
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27 February 2025 |
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25 February 2025 |
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Court interdicted further salary deductions pending Bargaining Council resolution of the temporary incapacity leave dispute.
Labour law – Deductions from remuneration – s 34 Basic Conditions of Employment Act – limits and procedural requirements for deductions. Public service – temporary incapacity leave – dispute over refusal to grant TIL and attendant salary consequences. Urgent interim relief – interdict to stay further salary deductions pending Bargaining Council determination. Forum competence – Bargaining Council as appropriate forum for disputes over incapacity leave.
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25 February 2025 |
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Accused convicted of raping a seven‑year‑old; court found substantial and compelling circumstances and imposed 21 years.
Criminal law — Child rape (per anum and per vaginam) — Minimum Sentences Act (Part I Schedule 2) — Whether substantial and compelling circumstances justify departure from prescribed life sentence; sentencing triad — nature of offence, offender’s circumstances (youth, first offender, substance use, immaturity), impact on child victim; statutory consequences — sex offender register and child protection register.
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21 February 2025 |
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The court found Mr. Yali guilty of child rape, affirming the credibility of young witnesses and medical corroborations.
Criminal Law – Evidence – Reliability of testimony from young children – Corroborative medical evidence – Identification of accused.
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20 February 2025 |
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Applicant failed to prove wilful disobedience of an interim admission order; application dismissed with costs.
Civil contempt – requisites: order, service/notice, non‑compliance, wilfulness and mala fides (Fakie NO v Civil Systems); interim relief interpretation limited to specified academic year; administrative discretion in university admissions; eviction following unilateral occupation; costs for unfounded allegations.
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20 February 2025 |
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The High Court dismissed an appeal against a conviction and life sentence for the rape of a minor, emphasizing the reliability of single witness testimony and statutory sentencing provisions.
Criminal Law - Appeal against conviction and sentence - Single witness testimony - Reliability and corroboration - Minimum sentencing provisions for rape under CLAA.
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11 February 2025 |
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Leave to appeal against conviction and life sentence for rape of a six-year-old dismissed; evidence reliable and no compelling mitigation.
Criminal law – leave to appeal under s17(1)(a) Superior Courts Act – higher test of 'would' have reasonable prospect; evidence of child complainant – credibility and corroboration; medical evidence of sexual penetration; minimum sentence regime – life imprisonment for rape of a child; substantial and compelling circumstances absent.
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11 February 2025 |
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Deficiencies in a guilty plea statement require remittal to clarify if all elements of the offence are admitted.
Criminal Procedure - Plea of Guilty - Section 112(2) CPA - Necessity for factual basis covering all elements of the offence - Deficienies in plea statement necessitate remittal for clarification.
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11 February 2025 |
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The accused sentenced to life imprisonment for repeated rape of children; no substantial and compelling circumstances to deviate.
Criminal law – Rape of children – Repeated offences by person known to family – Minimum Sentences Act (s 51(1), Part I Schedule 2) – life imprisonment; Sentencing – substantial and compelling circumstances – guilty plea and remorse assessed; Victim impact – medico-legal and psychological evidence informing aggravation; Ancillary orders – National Register for Sex Offenders and National Child Protection Register.
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7 February 2025 |
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Convictions altered to robbery simpliciter, adjusting sentences for appellants with consideration for trial custody time.
Criminal Law – Appeal – Review jurisdiction – Change of conviction from robbery with aggravating circumstances to robbery simpliciter – Impact on sentence.
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6 February 2025 |
| January 2025 |
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Court considers mitigating factors to deviate from life imprisonment for domestic violence-related murder.
Criminal Law – Sentencing – Minimum sentences in context of domestic violence and murder – Mitigating factors and deviation justification.
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31 January 2025 |
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Bail appeal dismissed: accused failed to prove exceptional circumstances or that release served the interests of justice.
Bail appeal — appellate standard under s 65(4); s 60(11) onus where accused charged with Schedule 6 offences; s 60(4)/(9) ‘interests of justice’ likelihoods (danger to public, risk of committing Schedule 1 offences, tampering with evidence); corroboration required for medical and personal hardship claims; prior convictions, weapons-related cellphone images and possession of cash/cards while detained as indicia of ongoing criminality relevant to bail refusal.
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28 January 2025 |
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Whether substantial and compelling circumstances justified departing from prescribed life sentences for intimate femicide and attempted murder.
Criminal law – Murder and attempted murder in domestic relationship – proof of dolus eventualis. Sentencing – Minimum sentences under s 51(1) Criminal Law Amendment Act – when substantial and compelling circumstances justify departure. Mitigation – Role of alcohol intoxication, first‑offender status and remorse in assessing moral blameworthiness. Gender‑based violence – judicial obligation to balance deterrence and proportionality; State and regulatory implications (alcohol labelling).
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24 January 2025 |
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Section 2(3) of the Wills Act allows recognizing non-compliant documents as valid wills with proven testamentary intent.
Succession Law – Wills – Non-compliance with formal requirements – Section 2(3) of the Wills Act – Intention of the deceased.
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23 January 2025 |
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Hospital staff's negligence in maternal care resulted in a child's brain injury and liability for damages.
Medical Negligence - standard of care - compliance with maternity guidelines - causation of hypoxic injury - hospital liability
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23 January 2025 |
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Minister’s wholesale dissolution of a water‑board was unlawful and irrational, but court granted a declarator rather than reinstatement due to practical consequences.
Water services board — Minister’s power to appoint/dismiss board members — executive v administrative action — Motau guidance — principle of legality and rationality — procedural fairness (audi) — remedial discretion where interim appointments and practical consequences intervene (Oudekraal/Bengwenyama approach).
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20 January 2025 |
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Court denies summary judgment, highlighting need for trial to address unresolved legal issues and defenses.
Summary judgment – Defending against summary judgment – Adequacy of defense and unresolved legal issues – Jurisdictional considerations.
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14 January 2025 |
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Applicants obtained an urgent interlocutory interdict halting mining pending internal appeal due to prima facie procedural irregularities and zoning contravention.
Administrative law – MPRDA – adequacy of public participation and EIA processes; land‑use zoning – mining activities inconsistent with municipal land‑use scheme; urgency and interlocutory interdict – prima facie right, irreparable harm, balance of convenience; s96(2)–(3) MPRDA do not preclude court granting interim relief.
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14 January 2025 |
| 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 |