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Citation
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Judgment date
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| July 2022 |
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Lease terminated; unlawful occupier evicted after PIE-compliant notice; claimed improvement lien inadequately proven.
Eviction under PIE – holding over/expiry of lease – one month’s notice sufficient; service of s4(2) notice effective despite delivery to domestic worker if occupier received and participated; ius retentionis (improvement lien) must be adequately pleaded and proved; absence of municipal relocation report not fatal where occupier is not destitute; organ of state entitled to regain control of immovable assets.
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26 July 2022 |
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Court orders extensive discovery under Rule 35(13) to examine former executor’s estate accounts and records.
Rule 35(13) — discovery in motion proceedings; exceptional circumstances where discovery may be directed; executor’s duty of uberrimae fides and obligation to account; relevance of liquidation and distribution accounts, bank statements, company documents and sale agreements; Master’s report not a substitute for discovery from a litigant.
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26 July 2022 |
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The applicant failed to prove valid acceptance of the permanent offer; leave to appeal denied under s17 'would differ' standard.
Employment law — contract formation — offer and acceptance — fixed‑term to permanent transition; requirement of written acceptance and proper delivery (annexure D6); post‑lapse indulgence and discretionary payments do not necessarily create contract; evaluation of evidence per Stellenbosch Farmers' Winery; leave to appeal threshold raised by s 17 Superior Courts Act — applicant must show another court would differ (Mont Chevaux).
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26 July 2022 |
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An unrepresented accused must be properly advised of counsel and adequately questioned under s112 or conviction will be set aside.
Criminal procedure – unrepresented accused – duty to explain right to legal representation and legal aid; Section 112(1)(b) – adequacy of questioning and requirement to cover essential elements; Section 113 – entering plea of not guilty when accused’s answers suggest defence; Contempt/contravention of protection order – necessity to prove unlawfulness and mens rea; Proof and service of protection orders; Delay in review and bail considerations.
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26 July 2022 |
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Accused convicted of robbery, three murders and firearm possession based on eyewitness ID and ballistic links; conspiracy and attempted murder failed.
* Criminal law – identification evidence – need for caution; assessing credibility and contemporaneous reporting.
* Ballistics and chain of custody – firearm recovered from accused ballistically linked to cartridges at crime scene and earlier escape incident.
* Unlawful possession of firearm – proven where firearm found on accused and linked to killings.
* Conspiracy and premeditation – insufficient evidence; conspiracy merges with proved robbery and therefore falls away.
* Attempted murder – conviction not supported where no evidence shots were fired at alleged victim.
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19 July 2022 |