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Citation
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Judgment date
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| March 2024 |
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Appeal upheld: substituted order awarding R151,850 damages, interest and attorney-and-client costs for malice and abuse of power.
Appeal – setting aside court a quo – substitution of order – general damages quantum – interest a tempore morae at prescribed rate – punitive attorney-and-client costs justified by malice and abuse of power.
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22 March 2024 |
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Circumstantial and forensic evidence upheld a murder conviction; appellate court declined to disturb trial credibility findings.
Criminal law – Murder – Circumstantial evidence and forensic findings – application of R v Blom inference principles; wounds inconsistent with accidental scuffle. Criminal procedure – Trial court credibility findings – appellate reluctance to disturb factual findings absent misdirection. Evidentiary issues – refusal to call post-mortem author or eyewitness did not prejudice appellant.
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20 March 2024 |
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Declaration of HRM appointment invalid for unfair selection process; suspension extended until contract expiry.
Administrative law — Procurement and tender review — PILIR Health Risk Manager appointment — selection interview lacked transparency and objective criteria — declaration of invalidity under s172(1)(a) — remedial discretion under s172(1)(b) and s8 PAJA — substitution an exceptional remedy (Trencon) — suspension of invalidity until contract expiry justified to avoid prejudice and preserve service delivery.
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20 March 2024 |
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Exception dismissed: particulars and annexures sufficiently disclose a contractual claim despite naming and procurement-contentions.
Pleadings — exception for failure to disclose cause of action — pleadings read as whole; facta probanda v facta probantia; Rule 18 clarity requirements; procurement non-compliance may be defence not basis for exception; name change/misdescription in annexures — remedy by further particulars.
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19 March 2024 |
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An inadequate or improperly reconstructed sentencing record requires sentences to be set aside and remitted for resentencing.
Criminal procedure – incomplete or missing trial record – duty to keep and reconstruct record – presiding officer’s primary responsibility – necessity of engaging State and accused in reconstruction; Right of appeal and fair trial – adequate record essential; Consequence of inadequate sentencing record – sentence set aside and matter remitted for resentencing.
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19 March 2024 |
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Failure to appoint assessors in a Regional Court murder trial vitiates the trial and warrants setting aside convictions.
Criminal procedure – Magistrates' Court Act s93ter(1) – trial on charge of murder in Regional Court requires two assessors unless accused requests otherwise – mandatory requirement. Non-compliance with s93ter(1) constitutes an irregularity vitiating proceedings and justifies setting aside convictions. Special review (s304(4) Criminal Procedure Act) appropriate where trial constitution irregularity identified. Condonation of late review may be granted where review is launched promptly after discovery of irregularity.
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19 March 2024 |
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Appellate court reduced a 12‑year sentence for employee theft after finding the trial court misdirected itself using uninvoked minimum sentence benchmarks.
Theft by employee; sentencing discretion and appellate interference; misdirection by benchmarking to uninvoked minimum sentence legislation; weight to be given to mitigation (guilty plea, remorse, cooperation, probation and correctional supervision reports); consideration of best interests of a minor child in sentencing; substitution of sentence on appeal.
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15 March 2024 |
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Conviction for housebreaking with intent to steal confirmed; attempted theft not established; delays prejudiced the accused.
Criminal procedure — special review under section 304A; sufficiency of charge and section 112(2) plea; distinction between housebreaking with intent to steal and attempted theft; right to trial without unreasonable delay (s35(3)(d)); institutional responsibility for prosecutorial and legal-aid caused delays.
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15 March 2024 |
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Belief in witchcraft alone does not justify departing from prescribed life imprisonment for murder linked to a statutory witchcraft offence.
Criminal law – Murder – prescribed minimum life imprisonment where murder is directly related to an offence under the Witchcraft Suppression Act, 1957 – belief in witchcraft not, by itself, a substantial and compelling circumstance to justify deviation. Sentencing – aggravating factors: premeditation, extreme brutality, elderly victim, breach of familial trust, prior violent conviction, lack of remorse. Older Persons Act 2006 – abuse of an older person regarded as aggravating; registration required. Firearms Control Act – declaration of unfitness to possess firearms on conviction.
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14 March 2024 |
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Court upholds rape conviction and life sentence, finding no errors in credibility assessment or sentencing guidelines.
Rape – Conviction and sentencing – Credibility of witnesses – Personal circumstances in sentencing – Minimum sentence upheld.
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12 March 2024 |
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Whether substantial and compelling circumstances justify departing from prescribed minimum sentences for murder, kidnapping and robbery.
Criminal law – Sentencing – Application of section 51 of Criminal Law Amendment Act 105 of 1997 – prescribed minimum sentences for murder, robbery with aggravating circumstances, and kidnapping – substantial and compelling circumstances required to depart. Sentencing – Remorse – one-line guilty plea insufficient to establish genuine remorse; surrounding conduct and prior convictions relevant. Sentencing structure – concurrent sentences and effective sentence calculation for multiple counts and co-accused. Aggravating factors – premeditation, brutality, concealment of bodies, and victim impact justify severe sentences and modest exceedance of minimum for kidnapping.
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8 March 2024 |
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Application to adduce new evidence on bail appeal refused; magistrate correctly found appellants were flight risks and bail denied.
Bail — appeal — adducing further evidence on appeal; appeal confined to record — new facts must first be placed before the magistrate; s 60(4),(6),(8),(9) CPA — interests of justice test; flight risk — undocumented presence, lack of fixed address, absence of assets; appellate review — set aside only if lower court exercised discretion wrongly.
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7 March 2024 |
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Substandard intrapartum monitoring causally linked to neonatal hypoxic‑ischaemic injury and resultant cerebral palsy; appeal allowed.
Medical negligence — obstetric care — inadequate intrapartum foetal monitoring (CTG) — causal link to neonatal hypoxic‑ischaemic injury and cerebral palsy; evaluation of expert evidence — court must assess logical reasoning underpinning opinions; Consensus Statement (ACOG) assists but does not supplant legal causation enquiry; absence of contemporaneous neonatal ward records does not necessarily defeat claim where other reliable evidence supports neonatal encephalopathy.
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1 March 2024 |
| February 2024 |
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Child's credible testimony, corroborated by medical findings, sufficed to convict accused of exposure and rape.
Sexual offences — rape and exposure of a child; evaluation of single child witness evidence and application of cautionary rules; corroboration by medical evidence; admissibility of hearsay (statement of deceased parent) under the Law of Evidence Amendment Act; conviction on mosaic/cumulative assessment of evidence.
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29 February 2024 |
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Accused convicted of murder (dolus eventualis), aggravated robbery and defeating justice; common purpose found; one acquitted on housebreaking.
Criminal law – murder – distinction between dolus directus and dolus eventualis – dolus eventualis established by s 220 admissions and medical evidence. Criminal law – common purpose – liability for murder and robbery arising from active association and participation. Evidence – s 220 admissions as conclusive proof when not controverted; corroboration by medical and eyewitness testimony. Property offences – housebreaking with intent to commit theft as competent verdict where intent to use violence for theft not proved. Obstruction of justice – conviction for attempt to defeat the ends of justice by burning vehicle.
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28 February 2024 |
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Daylight eyewitness identifications and corroborating evidence upheld; appeal against robbery convictions dismissed.
Criminal law – robbery with aggravating circumstances – reliance on eyewitness identification in daylight – assessment of reliability and credibility. Identification parades – procedural compliance and admissibility. Alibi defences – requirement that prosecution prove alibi cannot reasonably possibly be true. Appeal – appellate restraint on trial court credibility and factual findings.
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20 February 2024 |
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Failure to comply with s105A (written disclosure of plea agreements) and counsel error rendered the guilty plea and sentence unfair, set aside.
Criminal procedure – plea and sentence agreements – section 105A CPA – requirement that plea/sentence agreements be in writing and disclosed to court before plea; oral plea bargains invalid; duty of prosecutor to have DPP authorisation; legal practitioner’s failure to advise client on section 105A may render plea unfair; conviction and sentence reviewable where procedural non-compliance causes unfair trial.
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20 February 2024 |
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16 February 2024 |
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Applicant interdicted respondent from proceeding with re-advertised tenders pending related review and appeal due to prima facie procurement-law complaints.
Procurement law – interim interdicts – prima facie right to fair, lawful and constitutionally compliant tender evaluation – Preferential Procurement and BBBEE sector code compliance – irreparable harm and balance of convenience – limited separation of powers intrusion – interim relief pending review and appeal.
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16 February 2024 |
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14 February 2024 |
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Appeal dismissed; conviction and life sentence for rape of mentally disabled complainant upheld.
Criminal law – rape; proof of sexual penetration; credibility assessment of a child with a mental disability; corroboration by eyewitness and medical evidence; sentencing – prescribed minimum life sentence, proper exercise of judicial discretion.
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14 February 2024 |
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An inadequate trial record preventing fair appellate review requires convictions and sentences to be set aside and release ordered.
Criminal procedure – appeal – adequacy of trial record – missing transcript and judgment – right to fair trial includes right of appeal – where record is inadequate, convictions and sentences set aside.
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14 February 2024 |
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Whether s 21(4)(a) bars instituting or continuing prosecutions against an asylum seeker pending judicial review.
Refugee law – s 21(4)(a) Refugees Act – institution/continuation of criminal proceedings; Interpretation in light of Saidi and non‑refoulement; Prosecutorial decisions reviewable on legality/rationality; Remittal for reconsideration; Costs including two counsel.
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13 February 2024 |
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Police lacked reasonable suspicion; arrest and post-appearance detention unlawful; police and prosecutor held liable and damages awarded.
Criminal Procedure Act s 40(1)(b)/(e) – arrest without warrant – requirement of reasonable suspicion; quality and objectivity of information required. Unlawful arrest and detention – standard for reasonable suspicion; information must be specific, articulable, credible. Prosecutorial duty – acquainting oneself with the docket; effect on lawfulness of post-appearance detention. Liability – police liable for initial unlawful arrest/detention; police and prosecutor liable for continued detention after first appearance. Quantum – solatium for arbitrary deprivation of liberty; awards and interest; costs on Regional Court scale.
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6 February 2024 |
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Whether a joint‑venture member may accept repudiation and sue for its pro rata share without suing on behalf of the joint venture.
Civil procedure – exception – pleadings – Rule 18(4) requires material facts, not law; joint venture – co‑creditor rights – whether a member may accept repudiation and sue for pro rata share; distinction between suing in own capacity and suing on behalf of the joint venture; joinder of co‑member as interested party; repudiation terminates contract.
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6 February 2024 |
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1 February 2024 |
| January 2024 |
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Summary judgment granted: defendant failed to plead a duty of care for negligent omission causing bond arrears, and no procedural bar existed.
Civil procedure – summary judgment – procedural preclusion after exception withdrawn – none; Delict – negligent omission causing pure economic loss – duty of care must be pleaded and established; contractual matrix and non-party status negate delictual duty.
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30 January 2024 |
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Applicant failed to prove ownership or real and imminent danger; hearsay evidence was inadmissible, so eviction was refused.
Eviction Act s5 – urgent eviction requires proof of real and imminent danger, balancing of hardships, and absence of alternative effective remedies. Proof of ownership – title deed is best evidence; DeedsWEB report with disclaimer insufficient absent explanatory affidavit. Hearsay – documents (drone survey, ministry letter, DeedsWEB) are hearsay and require admission under s3(1) of the Law of Evidence Amendment Act with grounds for belief; absent such, hearsay is no evidence. Urgent proceedings do not dispense with statutory requirements for admission of hearsay evidence.
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30 January 2024 |
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An owner seeking urgent eviction must prove ownership and admissible evidence of imminent danger; hearsay alone is insufficient.
Eviction Act s5 — urgent eviction; burden on owner in vindicatory claim — proof of ownership; best evidence title deed; hearsay and admissibility — Evidence Act s3(1); DeedsWEB report disclaimer and unreliability; drone assessment provisional and absence of author affidavit; urgency and balance of hardships; inadmissibility of unmotivated hearsay.
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30 January 2024 |
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A prior Section 129 notice satisfied notice requirements and a rejected debt-review did not bar the creditor’s summons.
National Credit Act – s129(1) notice – relevance of prior notice given in earlier proceedings relating to same debt; debt review – s86(7)(a) rejection – effect on creditor's right to institute summons; cancellation of credit agreement and repossession.
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30 January 2024 |
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An adjudicator’s GCC 2010 determination is enforceable pending arbitration; respondent’s belated objections and delay rejected.
Construction contracts — incorporation of GCC via SLA and subsequent conduct — 2010 GCC governs; Adjudication under GCC 2010 binding pending arbitration; Party entitled to choose adjudication then arbitration; Notice of dissatisfaction does not suspend obligation to pay; Prescription not established where adjudication is contractual prerequisite; Stay pending arbitration refused; Attorney-and-client costs for dilatory conduct by an organ of state.
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25 January 2024 |
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Applicant proved non‑compliance with policing order; court declared contempt, ordered compliance and left committal pending further proof of wilful mala fides.
Contempt — civil contempt procedure; requirements: order, service, non‑compliance, wilfulness and mala fides (beyond reasonable doubt for committal); declaratory and mandatory relief available on balance of probabilities; state obligations — SAPS National Commissioner’s constitutional and statutory duty to ensure compliance; substantial vs full compliance where constitutional rights implicated.
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25 January 2024 |
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Leave to appeal refused: applicants lacked prima facie rights and interlocutory order was not appealable.
Urgent interlocutory relief — alleged unlawful disconnection of municipal services — prima facie right and prospects of success; disconnection attributed to premises owner; water-supply competence of district municipality; appealability of interlocutory orders; section 17(a)(1) Superior Courts Act — leave to appeal refused; costs, including two counsel.
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23 January 2024 |
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23 January 2024 |
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Court awarded R500,000 general damages and R2,147,370 future loss, accepting plaintiff’s medical, educational and actuarial evidence.
Damages — quantification after liability — assessment of general damages for traumatic brain injury to a young child; admissibility and weight of medical, psychological, educational and actuarial evidence in absence of defendant experts; future loss of earnings due to reduced educational attainment; costs for post‑liability experts and counsel.
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23 January 2024 |
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Failure to rule under section 35(5) at the proper stage rendered the trial unfair; convictions set aside.
Constitutional criminal procedure — search warrants and searches — validity of warrants; exclusion of evidence — s 35(5) Constitution — timing of admissibility ruling (trial-within-a-trial or end of State’s case); unfair trial through late admissibility rulings; unconstitutionally obtained evidence must be tested for prejudice to administration of justice; racketeering and illegal possession/processing of abalone.
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23 January 2024 |
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Whether a warrantless arrest under s40(1)(h) was lawful based on reasonable suspicion of illegal possession of ammunition.
Criminal procedure – Warrantless arrest – s 40(1)(h) CPA – Arrest by peace officer for suspected possession of ammunition – Jurisdictional facts: peace officer, suspicion, suspicion that offence relating to arms/ammunition, reasonable grounds – Onus on State to prove lawfulness – Assessment of reasonable suspicion and credibility (Sekhoto; Duncan).
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21 January 2024 |
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Repossession without a written notice under clause 11 and s127 NCA does not terminate the credit agreement; plaintiff entitled to cancellation and return confirmation.
Credit agreement – repossession and voluntary surrender – clause requiring written notice and s127 National Credit Act – repossession alone does not terminate agreement; summary judgment for cancellation and confirmation of return.
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18 January 2024 |
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Appellate court found correctional officials liable for assault, reversed credibility findings, and awarded R100,000 damages.
Correctional services – Assault by officials – Evaluation of mutually destructive versions – Credibility and corroboration by medical evidence – Self-defence and s31(c) of Correctional Services Act – Quantum of general damages for assault.
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16 January 2024 |
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Applicant’s challenge to deed endorsements for alleged fraud and contravention of divorce order dismissed on the respondent’s credible version.
Deeds Registries Act s6—cancellation of endorsements; distinction from PAJA review; prescription (condictio/invalid contract) and commencement; Plascon-Evans approach to disputed facts in motion proceedings; alleged fraudulent misrepresentation vitiating consent to property transfer.
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10 January 2024 |
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Respondent failed to comply with rule 35(3) discovery duties to disclose known whereabouts and justify privilege.
Civil procedure – Rule 35(3) discovery – duty to answer on oath – obligation to disclose known whereabouts of requested documents – particularisation of privilege claims (POPIA) – consequences for non-compliance (order to comply; leave to apply to strike out defence).
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10 January 2024 |
| December 2023 |
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Applicant established urgency and prima facie right to interim interdict halting a state tender award pending review.
Administrative law – procurement – interim interdict suspending a state tender award pending review; urgency; prima facie right and irreparable harm; balance of convenience and separation of powers; interpretation of returnable schedules and CVs for responsiveness.
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28 December 2023 |
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Court interdicted custodial parent’s relocation of child, finding the move not bona fide and contrary to the child’s best interests.
Children — Relocation — Best interests paramount — Bona fides and reasonableness of custodial parent’s move — Adequacy of Family Advocate report — Joint parental rights and structured contact across province — Costs for earlier urgent proceedings.
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12 December 2023 |
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Leave to appeal dismissed: hire claim liquidated and contract permitted allocation of payments to damage charges.
Summary judgment – liquidated claim – hire charges; Contractual right to appropriate payments – clause permitting allocation to damage account; Pleaded defence evolving into untenable allocation challenge; Leave to appeal – no reasonable prospect (s 17(1)(a)(i) Superior Courts Act).
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5 December 2023 |
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Default judgment refused due to superannuation and insufficient evidence to prove the driver’s negligence.
Civil procedure – default judgment – superannuation/want of prosecution; delay, inexcusable absence of steps and prejudice to defendant; Road Accident Fund claims – requirement to prove negligence under delict (Kruger v Coetzee); limited application of res ipsa loquitur to motor-vehicle collisions where facts are sparse.
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5 December 2023 |
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Leave to appeal refused: evidence and registration show intention to transfer the whole property, not merely an undivided portion.
Property law – sale and transfer of immovable property; Subdivision of Agricultural Land Act 70/1970 – sale of undivided portion without ministerial consent; Contract interpretation – intention assessed at moment of transfer; Abstract system of transfer – power of attorney and registration as indicators of animus transferendi; Prescription – condictio claiming transfer of immovable property may be prescribed.
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5 December 2023 |
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Appeal court found driver negligent, rejected sudden-emergency defence, set aside dismissal and awarded costs.
Delict — motor collision — negligence of driver — reasonable driver standard; sudden emergency defence; appellate review where trial court misdirected on facts; costs follow success.
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1 December 2023 |
| November 2023 |
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Purchaser who paid over 50% may compel transfer under s27(1); acceptance of post-cancellation payments interrupts prescription and undermines forfeiture.
Alienation of Land Act – Chapter II limited to land used or intended mainly for residential purposes; s 27(1) – purchaser who paid ≥50% entitled to demand transfer and to specific performance; demand may be made in motion proceedings; seller’s acceptance of instalments after purported cancellation interrupts prescription and undermines cancellation; forfeiture disproportionate where purchaser paid most of price.
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28 November 2023 |
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Failure to warn a patient of compartment syndrome and the need for follow‑up amounted to actionable medical negligence, entitling damages.
Medical negligence – failure to warn patient of compartment syndrome risk and need for circulation checks – causal link to amputation; vicarious liability of State health authority; plea of prescription/notice/misjoinder dismissed.
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28 November 2023 |
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Condonation granted for late expert notice under rule 36(9); rule 30A application dismissed and costs apportioned accordingly.
Civil procedure – condonation for non-compliance with Uniform Rules – rule 36(9) (expert evidence notice and summary) – requirements: explanation, bona fide defence, absence of irremediable prejudice – rule 30A remedy for non-compliance – expert summaries must remove surprise – addendum may cure formal defects – credibility of expert and dual role matters for trial; procedural striking out under rule 6(15) considered.
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24 November 2023 |