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Citation
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Judgment date
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| December 2022 |
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Employee contractual right to a written account and debatement of overtime cannot be denied by deferring to PAIA or internal review procedures.
* Labour law – employment contract – entitlement to written statement of account and debatement for overtime worked; contractual obligation to account.
* Procedure – claim for account and debatement – requirements: right to account, contractual terms affecting amount, failure to render an account (Doyle test).
* Access to information – PAIA/internal review not a prerequisite to litigating a contractual accounting claim.
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13 December 2022 |
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Court dismisses attempt to compel Premier to investigate; referral order binds the Commission, not the Premier.
* Administrative law – interpretation of court orders – referral to statutory commission v. executive discretion; * Traditional leadership law – repeal of Framework Act and commencement of Khoi‑San Act; * Section 59(2) Khoi‑San Act – discretionary power of Premier to designate investigative committee; * Section 65(2) Khoi‑San Act – saving/correspondence provision does not permit court to usurp discretion where no submission to Premier made; * Procedural – appropriate remedy is variation/amendment of order, not enforcement against non‑addressee; * Costs – unsuccessful, misdirected litigation against public office‑bearer attracts costs.
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13 December 2022 |
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Fourth applicant lacked standing; first and third disconnections lawful; application dismissed with costs against applicants.
Local government — electricity disconnection — lawfulness under Municipal credit-control policy and Electrical Installation Regulations; indigent-subsidy applications do not confer automatic entitlement pending approval; locus standi — residents' association must show authorisation or legal persona to sue; Plascon-Evans principle in motion proceedings; costs where litigation is abusive.
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13 December 2022 |
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Applicant's arrest and detention unlawful; malicious prosecution claim dismissed; R456,000 awarded for unlawful deprivation of liberty.
Unlawful arrest — s 40(1)(b) CPA — reasonable suspicion must be personally formed and based on reasonable grounds; arresting officer must consider and, where appropriate, investigate exculpatory alibi. Malicious prosecution — requires lack of reasonable and probable cause and animus; prosecutor's assessment of docket material can found reasonable and probable cause. Assessment of damages for unlawful arrest and detention — solatium, duration and conditions considered.
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13 December 2022 |
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Applicant failed to prove contempt; Rule Nisi interpreted narrowly and application dismissed with costs.
Contempt of court – requirements for contempt (existence of order, service/notice, non-compliance, wilful and mala fide) – Rule Nisi interpretation – lis pendens and discretion to stay proceedings – disputes of fact in motion proceedings requiring careful assessment.
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8 December 2022 |
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Second accused discharged for insufficient evidence; first accused must answer charges due to incriminating blood/DNA evidence.
Criminal procedure – s174 CPA – discharge at close of State case – Lubaxa standard – circumstantial evidence and forensic links (blood/DNA) may create a prima facie case; insufficiency of motive/suspicion alone warrants discharge.
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2 December 2022 |
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Applicant failed to prove authenticity of disputed liquor licence; urgent relief dismissed and respondents awarded costs.
Administrative law – Liquor licensing – Validity and authentication of disputed liquor trading licence – Plascon‑Evans application where applicant fails to dispute respondent's factual allegations – State Liability Act service requirements – purposive approach to statutory service – urgent relief burden and costs.
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1 December 2022 |
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Court granted final interdict protecting community’s site demarcation and ordered respondents to cease harassment and pay costs.
• Civil procedure – final interdict – requirements (clear right; injury or apprehension; no alternative remedy) – Setlogelo principle; • Evidence on motion – disputes of fact – Plascon-Evans and Wightman principles; • Customary/ traditional structures – joinder of traditional council – necessity requires direct and substantial interest; • Land/occupation rights – long-standing community occupation can ground protectable rights warranting injunctive relief; • Enforcement – court may authorise police assistance to sheriff.
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1 December 2022 |