High Court of South Africa Eastern Cape, Mthatha - 2022 October

3 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
October 2022
Non-compliance with court rules and delayed, uncondoned review of the Master’s appointment justified striking the application off the roll.
* Civil procedure – compliance with Uniform Rule 62 and Practice Directive – proper pagination, collation and annotation of papers required; non-compliance may justify striking matter off roll. * Administrative law – challenge to Master’s appointment of executor amounts to review under PAJA and is subject to rules against unreasonable delay and condonation. * Estates – Administration of Estates Act – appointment and removal of executors are powers of the Master; removal by court only on s54(1)(a) grounds. * Costs and sanctions – courts may sanction practitioners for persistent non-compliance, including striking matters and warning about fees.
20 October 2022
Rescission refused where applicant’s prolonged inaction and attorney negligence failed to justify setting aside dismissal.
* Civil procedure – Rescission of judgment – Uniform Rule 42(1) and common-law rescission – limits where judgment was procedurally competent and not erroneously granted. * Uniform Rule 30 – declaration of irregularity, leave to amend, and power to order dismissal if irregularity not removed. * Effect of dismissal – equivalent to absolution from the instance; plaintiff may in principle sue afresh. * Attorney negligence and client passivity – inadequate explanation for default; need for reasonable explanation and good prospects on merits for rescission.
18 October 2022
Leave to appeal refused where evidence supported conviction for assault with intent to do grievous bodily harm and sentence was appropriate.
Criminal law – Competent verdicts to murder – Assault with intent to do grievous bodily harm as competent verdict where assault forms part of actus reus of murder; common purpose liability; sufficiency of evidence without individualised identification; forensic pathology evidence; sentencing and deterrence in witchcraft‑related vigilante violence.
6 October 2022