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Citation
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Judgment date
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| 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 |
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Court finds municipality and officials in contempt for failing to provide statutory pension information; suspended committal ordered.
Pension Funds Act (s13A & Reg 33) – statutory duty of employer/municipality to furnish member and contribution information; Contempt of court – requisites: order, service, knowledge, non-compliance, wilfulness and mala fides; evidential burden on respondent after applicant proves order and non-compliance; Personal liability and committal – municipal officials (municipal manager and executive mayor) may be personally committed to imprisonment (suspended) for municipal non-compliance; Insufficiency of vague defences (records destroyed by fire; settlement negotiations) where information can be reconstructed or retrieved electronically; Enforcement – Sheriff and SAPS authorised to effect committal; costs on attorney-and-client scale.
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22 August 2024 |
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Applicant who bypassed court-ordered meeting must vacate residence; eviction ordered as urgent relief with costs against him.
Administrative law – interim court order requiring convening of formal meeting before admission to residence – breach of order by applicant obtaining enrolment and residence without meeting. Civil procedure – urgency – whether urgency was self-created; applicant’s conduct justified urgent relief. University/student residence – arrears and safety concerns may justify exclusion from residence pending formal process. Costs – applicant ordered to pay costs where he was architect of his own misfortune.
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22 August 2024 |
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Applicant’s material non-disclosures and misrepresentations led to dismissal; spouse entitled to decide burial arrangements.
Ex parte/urgent relief — duty of utmost good faith and full disclosure; burial rights — civil and customary marriage, cohabitation and joint will relevant to funeral decisions; locus standi to interdict burial; material non-disclosure and false allegations justify punitive costs (attorney-and-client).
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22 August 2024 |
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Court granted condonation for late s3 notices, finding no unreasonable prejudice and prescription not established on the papers.
Administrative law; Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 s3(4) – condonation for late section 3 notice; prejudice requirement for organ of state; prescription as special plea; balancing access to courts (s34) against finality; application of Madinda, Le Roux, Shoprite and authorities on prescription.
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22 August 2024 |
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Mere assertion that a municipal official lacked authority is insufficient to rescind a consent order without proof of ultra vires conduct.
Municipal law – consent orders and settlement agreements – rescission grounds (fraud, justus error, other just cause) – proof required; legality doctrine – municipal official’s authority; MFMA budgetary constraints – distinction between compromising litigation and incurring expenditure; Turquand/indoor management rule and estoppel cannot cure ultra vires acts absent proof.
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20 August 2024 |
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Default judgment issued against a surety who raised no valid defence and only sought time to arrange a third-party sale.
Default judgment — suretyship liability — no valid defence — request for indulgence to sell co-respondent’s property insufficient to resist judgment — interest at prime +1% — costs on attorney-and-client scale.
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20 August 2024 |
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Review dismissed: Taxing Mistress properly required a composite bill; out‑of‑town attorney costs not justified.
Taxation of costs – recoverability of fees for primary out‑of‑town attorney and correspondent at seat of court – Rule 70(8) – discretion of Taxing Master/Taxing Mistress and scope of review – condonation for late review; best interests of minor child.
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20 August 2024 |
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Accused convicted and sentenced to life for murder and prescribed minimum terms for aggravated robbery; no substantial and compelling circumstances found.
Criminal law – murder and robbery with aggravating circumstances – discretionary minimum sentences – application of Malgas test; admissibility of confession; sentencing factors (triad), remorse and concurrency of sentences.
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14 August 2024 |
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Acknowledgement of debt upheld: misjoinder of creditor’s agent; no misrepresentation or undue influence; claim dismissed with costs.
Civil procedure – joinder/misjoinder – necessity of a direct and substantial interest; Contract – avoidance – pre-contractual misrepresentation and negligent misstatement; Undue influence – requirements for proof; Attorney acting for client – duty to client and limits on liability to third parties; Costs – order on Scale B (Uniform Rule 69(7)).
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13 August 2024 |
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Unsigned, third‑party drafted will not admitted under s 2(3) absent evidence deceased drafted or intended it.
Wills Act s 2(3) — unsigned wills — requirement that document be drafted or executed by the deceased — instructions to drafter insufficient — intention to make will must be proved on a preponderance of probabilities — strict construction of s 2(3).
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2 August 2024 |
| July 2024 |
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Consolidation under Uniform Rule 11 granted for convenience; no substantial prejudice, costs awarded.
Civil procedure – Uniform Rule 11 – consolidation of related applications – convenience, avoidance of duplication and conflicting judgments – no substantial prejudice required to refuse consolidation. Mandament van spolie – overlapping disputes regarding possession of leased vehicles. Costs – late filing/delay remedied by costs order (scale A under Rules 67A and 69).
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30 July 2024 |
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Plaintiff’s evidence accepted; insured driver found negligent and defendant liable for 100% of proven damages.
Road Accident Fund liability; negligent overtaking; credibility and reliability of witnesses; dishonest affidavits and driving with suspended licence; contributory negligence not established.
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30 July 2024 |
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Appeal against rape conviction and life sentence dismissed; complainant credible and no substantial and compelling circumstances found.
Criminal law – Sexual offences – Rape involving grievous bodily harm; single witness caution and credibility; medical (J88) and DNA corroboration; section 51(1) minimum life sentence; substantial and compelling circumstances assessed.
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17 July 2024 |
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Fingerprint linkage justified arrest, but unlawful delays and prosecutors' misrepresentation rendered subsequent detention unlawful.
Criminal procedure – s 40(1)(b) arrest – reasonable suspicion based on fingerprint linkage; s 50(1) and duty to bring arrested person to court as soon as reasonably possible; prosecutors’ duty and liability where misrepresentation causes unjustified detention; non‑compliance with advising of constitutional rights/Standing Order G341 relates to admissibility but does not automatically vitiate an otherwise justified arrest.
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16 July 2024 |
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Leave to appeal refused: victim’s reliable, corroborated evidence and aggravating factors warranted life sentence; no reasonable prospect of success.
Criminal law – leave to appeal under s17(1)(a) Superior Courts Act – higher test of ‘would have reasonable prospect of success’; Child complainant evidence – reliability and corroboration; Minimum sentence regime – substantial and compelling circumstances required to deviate; Rape of a child by a parent – serious aggravating factor justifying life sentence.
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11 July 2024 |
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Leave to appeal granted where special pleas on irregular amendment and prescription were dismissed and appeal has reasonable prospects.
• Procedural law – amendment of pleadings – compliance with Rule 28 – when amendment gives rise to new cause of action and prescription. • Evidence – credibility findings – appellate reluctance to disturb trial court findings absent clear error. • Evidence – unsworn statements not cross‑examined – probative weight. • Leave to appeal – test of reasonable prospects of success.
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9 July 2024 |
| June 2024 |
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Sale agreement subdividing agricultural land invalid; lessee recovers deposit and reimbursement for necessary improvements, rental non-refundable.
Subdivision of agricultural land – Sale agreement attempting subdivision invalid under Subdivision of Agricultural Land Act 70 of 1970; Lease and sale to be read together; Payments by third parties accepted as agent payments; Rental for period of occupation not refundable; Enrichment/restitution – necessary improvements to another’s land recoverable where enrichment is sine causa.
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25 June 2024 |
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Police had objectively sustainable reasonable suspicion to arrest the applicant for drug offences; assault not proved, appeal dismissed.
Criminal procedure – Arrest without warrant – s 40(1)(b) and (h) CPA – reasonable suspicion must be objectively sustainable; information from undercover members and a protected informer may justify reasonable suspicion. Search warrants – invalidity of warrant does not automatically render arrest actionable; claimant must establish unlawful arrest on pleaded grounds. Evidence – conflicting versions and credibility findings – appellate court reluctant to interfere where trial court preferred respondents on probabilities. Assault claims – onus on claimant to prove injuries caused by assault; medical records must be relied upon and, if not agreed, may be insufficient to displace police version.
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25 June 2024 |
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Leave to appeal dismissed: interim order not appealable and collateral legality challenge reserved for the substantive review.
Interlocutory appeal — appealability — interim orders and interests of justice (s16(2) Superior Courts Act); leave to appeal test (s17(1)); peremptory compliance with Rule 49(1)(b); scope of interim interdict — collateral/legality challenge reserved for substantive review; Rule 41A and procedural requirements; urgency and semi-urgency considerations.
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20 June 2024 |
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Rape conviction and life sentence upheld; single-witness evidence corroborated by injuries; theft appeal not entertained without leave.
Criminal law – Sexual offences – Single-witness cautionary evaluation and corroboration by J88 injuries – Consensual intercourse allegation rejected; prescribed minimum sentence upheld – Appellate jurisdiction limited where no leave to appeal on separate count.
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20 June 2024 |
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Rape conviction and life sentence upheld; complainant’s single-witness evidence found credible and prior rape justified life term.
Criminal law – Rape – Single-witness complainant – application of cautionary approach; corroborative factors (forcible entry, protection order, medico-legal injuries) – consent and submission distinguished; sentencing – minimum and life sentences – relevance of prior rape conviction and offending on parole to rehabilitation and proportionality.
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20 June 2024 |
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Child complainant’s reliable evidence and medical findings supported rape conviction; sentenced to 20 years with ancillary prohibitions.
Criminal law – Rape of a child – single child witness – application of cautionary rule and assessment of trustworthiness. Medical evidence – Intact hymen does not exclude penile penetration; genital findings may be consistent with penetration. Intoxication – unproven intoxication does not negate criminal liability. Sentencing – substantial and compelling circumstances may justify deviation from prescribed life sentence.
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20 June 2024 |
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Bail granted where state failed to prove s60(4)(a) or exceptional s60(4)(e) grounds; magistrate failed to weigh s60(9)–(10).
Criminal procedure — bail — Schedule 5 offence and s60(11)(b) onus; s60(4)(a) (public safety) and s60(4)(e) (public order) — exceptional circumstances required; limited evidential value of general community petitions and emotive testimony; duty to weigh interests under ss 60(9)–(10); appellate intervention under s65(4) where court a quo decision is wrong.
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19 June 2024 |
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Regulation 9.3.1.2 (open-space on subdivision) does not apply to the applicant’s sectional-title development; municipality’s failure to decide first SDP is reviewable.
Town-planning — Interpretation of zoning scheme — Regulation 9.3 (Provision of Open Space) read in context — Part V governs subdivision and transfer of public open space; does not apply to communal/private open space in sectional-title development. Administrative law — Failure to take decision on site development plan — Reviewable under PAJA; conclusions founded on irrelevant considerations set aside.
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18 June 2024 |
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Failure to submit mandatory three-year audited financial statements for a >R10m tender renders a bid non-responsive; review dismissed.
Administrative law – public procurement – tender responsiveness – mandatory submission of three-year audited annual financial statements for transactions exceeding R10 million (Reg 21(d) MFMA) – failure to submit renders bid non-responsive; application of Plascon-Evans where factual dispute about audited status of AFS.
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13 June 2024 |
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Convictions obtained after procedural confusion and without proper interpretation set aside; trial remitted and legal aid/interpreter ordered.
Criminal procedure – special review under s 304(4) – convictions and sentences set aside where prior plea of not guilty pending and administrative error (misplaced charge sheet/duplicate) caused re‑pleading; necessity of legal representation and language interpreter to ensure fair trial.
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13 June 2024 |
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Magistrate’s failure to consider appellant’s personal circumstances and allow rebuttal on witness intimidation warranted remittal for rehearing.
Bail — Schedule 5 offence — onus on accused under s 60(11)(b) — magistrate’s duty to consider all relevant factors including personal circumstances and interests of minor children — duty to permit rebuttal of allegations of witness intimidation where conflicts exist — limited appellate review under s 65(4) — remedy by remittal for rehearing.
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12 June 2024 |
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Appeal allowed: trial court materially misdirected itself and State failed to prove non-consent and accused's awareness beyond reasonable doubt.
Criminal law — Sexual offences — Rape under s 3 of Sexual Offences Act — Consent and withdrawal of consent; knowledge/intention of accused; single-witness credibility; effect of alcohol and prescribed medication on consent and memory; appellate review for material misdirection; standard of proof beyond reasonable doubt.
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11 June 2024 |
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Prolonged pre‑trial detention and insufficiently corroborated state evidence justified bail under Schedule 5, subject to conditions.
Criminal procedure – Bail appeal under s65(4) CPA – Schedule 5 offences and onus under s60(11)(b) – Weight of State evidence and prolonged pre-trial detention – Interests of justice and appropriate bail conditions.
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11 June 2024 |
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Conviction for assault with intent to do grievous bodily harm set aside where intent not established; substituted with common assault and a suspended fine.
Criminal law – Assault with intent to do grievous bodily harm – Element of intent to inflict grievous bodily harm must be proved or admitted – Where not established, competent verdict of common assault applies – Review court may substitute conviction and sentence and antedate sentence.
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11 June 2024 |
| May 2024 |
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Plaintiff may recover past medical expenses from the RAF despite medical scheme payment; affidavit evidence admitted under Rule 38(2).
Civil procedure – Rule 38(2) – admission of affidavit evidence by agreement where no cross‑examination intended; Damages – recovery of past hospital and medical expenses – medical scheme payment treated as res inter alios acta; RAF remains primarily liable; subrogation/undertaking issues between insured and medical scheme are separate; costs awarded including counsel on Scale B and expert consultation costs.
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30 May 2024 |
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Default judgment rescinded where service at registered address was defective and a bona fide defence was sufficiently pleaded.
Service — Magistrates’ Court Rule 9(3)(e) — affixing process to principal door — return of service must show process came to attention of company; defective service where return indicates attachment to unrelated premises. Rescission — section 36(1)(a) and rule 49(1)/(3) — applicant must show good cause and set out grounds of defence; affidavits not subject to pleading formalities; rescission appropriate where service invalid and bona fide defence proffered.
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24 May 2024 |
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Minor omissions in particulars of claim did not render pleading vague or prejudicial; exception dismissed under Rule 23.
Exception — Uniform Rule 23 — vagueness and embarrassment — particulars of claim — requirement of particularity (Rule 18) — MFMA s176(2) liability of municipal official — minor obscurities curable by further particulars — prejudice required to uphold exception.
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24 May 2024 |
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Accomplice evidence and corroborative material established common‑purpose liability for murder; prescribed minimum sentences imposed.
Criminal law – accomplice evidence and cautionary rule – corroboration and evaluation; doctrine of common purpose; application of minimum sentences under CLAA; murder, kidnapping and robbery with aggravating circumstances.
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24 May 2024 |
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Applicant’s self-created delay and failure to follow PAIA/Rule 53 justified striking the urgent application and ordering wasted costs.
Administrative law – urgent review proceedings – applicant must establish true urgency and explain delay; self-created urgency defeats urgent relief. Procedure – Promotion of Access to Information Act (PAIA) and Rule 53 identified as proper routes to obtain tender records rather than immediate urgent court process. Interim interdict – court may refuse to entertain merits where urgency is self-created and respondent is prejudiced by late service. Tender law – administrative capturing errors may be accepted where tender documents consistently reflect correct figures.
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24 May 2024 |
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Plaintiff’s contradictory, uncorroborated evidence failed to establish a prima facie case; absolution granted with costs.
Civil procedure – absolution from the instance – test for absolution; police liability – alleged shooting by SAPS; credibility and corroboration – contradictions, absence of hospital records and witnesses; prima facie case required to oppose absolution.
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22 May 2024 |
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Whether a clause described as "rental" created a lease caught by SALA; absolution refused.
Contractual interpretation — Endumeni approach (text, context, purpose) — Whether MSMA and addendum constituted a lease or a joint venture — Subdivision of Agricultural Land Act 70 of 1970 s 3(d) — statutory illegality and onus to prove compliance — absolution from the instance — evidential threshold for refusing absolution.
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21 May 2024 |
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Employee failed to prove contractual penalty was disproportionate; employer entitled to full contractual penalty with interest and costs.
Contract — post‑employment restraint and penalty clause — Conventional Penalties Act s 3 — onus on penalty debtor to prove disproportionality; employment law — protection of employer’s trade connections and customer goodwill; civil procedure — inappropriateness of absolution where defendant bears onus of proof.
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7 May 2024 |
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Conviction overturned where poor visibility, unreliable eyewitness evidence and inconclusive CCTV raised reasonable doubt about the appellant's guilt.
Criminal law – murder – evaluation of eyewitness evidence and CCTV – poor visibility and fast-moving scene – Van der Meyden/Chabalala test – reasonable doubt – unsafe conviction set aside.
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7 May 2024 |
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Urgent application to suspend liquidation dismissed for self-created urgency, lack of prima facie success and abuse of process.
Company law – Winding-up – stay/suspension under Rule 45A – need to show clear or prima facie right and well‑grounded apprehension of irreparable harm; Rescission of winding‑up order – s354 Companies Act/common law rescission – requires exceptional circumstances, reasonable explanation for not opposing, and prima facie prospect of success (including solvency); Urgency – self-created urgency and prejudice; Abuse of process – punitive costs.
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7 May 2024 |