High Court of South Africa Eastern Cape, Mthatha - 2025

64 judgments
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64 judgments
Citation
Judgment date
July 2025
The court emphasized the role of PAJA in remitting matters for just and equitable resolutions even without explicit party requests.
Administrative law; remittal and review of administrative actions; section 8(1)(c)(i) of PAJA; procedural fairness and judicial discretion.
8 July 2025
The application for urgent relief was struck for self-created urgency, with costs awarded to the respondents.
Urgency – self-created urgency in interim relief applications – procedure under Uniform Rules of Court.
8 July 2025
The court dismissed an application for enforcement of acting allowance terms, finding no breach of contract.
Labour Law – contract terms – acting allowance termination – organisational structure changes – legality and fair process requirements
1 July 2025
June 2025
The court imposed multiple life sentences on the accused for heinous crimes against young girls.
Criminal law - sentencing - application of prescribed minimum sentences - consideration of offender's history in recidivism and lack of remorse.
25 June 2025
Court sentenced accused, considering substantial and compelling circumstances to deviate from prescribed minimum sentences due to abusive relationship.
Criminal Procedure - Sentencing - Deviation from prescribed minimum sentences due to substantial and compelling circumstances - Domestic violence context - Sentencing with consideration of personal circumstances and rehabilitation potential.
20 June 2025
The court dismissed a leave to appeal due to unlawful suspensions lacking pre-suspension hearings.
Labour Law – Suspension – Legality under collective agreements – Pre-suspension hearing requirement and legality principle.
19 June 2025
Court dismisses application challenging electricity disconnection due to contract termination, citing lack of applicants' legal standing.
Electricity supply termination – contract law – privity of contract – PAJA applicability – procedural fairness requirement.
13 June 2025
12 June 2025
Presence of victim's phone and DNA evidence crucial to convicting accused of murder and rape.
Criminal Law – murder, rape, robbery – circumstantial evidence – DNA evidence – police procedural irregularities.
12 June 2025
Court grants leave to amend pleadings by deleting executor property order and asserts High Court jurisdiction.
Civil procedure - Amendment of pleadings - Leave granted for amendment deleting Rule 46A prayer for execution order.
10 June 2025
10 June 2025
Court rescinded an erroneous order due to absence of consensus on Trust terms, under Rule 42(1)(a).
Civil procedure - rescission of court order - absence of consensus on Trust terms - procedural irregularity - Rule 42(1)(a).
10 June 2025
5 June 2025
Court mandates DNA test proving paternity without exhuming deceased, emphasizing justice over procedural obstacles.
Family Law – Compulsory DNA testing for paternity disputes – Exhumation of deceased questioned as against public morals – Procedural adequacy in non-joinder and timeliness.
5 June 2025
3 June 2025
Court upholds confessions leading to convictions for robbery-related crimes following disputed admissibility proceedings.
Criminal Law – Armed robbery – Admissibility of confessions – Alibi defense – Constitutionality of criminal procedure.
3 June 2025
May 2025
29 May 2025
29 May 2025
The Road Accident Fund held liable for damages, with the insured driver found solely responsible for the accident.
Road Accident Fund – Liability assessment – Determination of sole cause of accident – Credibility of evidence in personal injury claims.
28 May 2025
27 May 2025
Unlawful termination of employment due to work permit issues deemed unfair; reinstatement impractical.
Employment law – Unlawful termination – Work permit expiry – Fair labour practice – Immigration Act compliance required.
27 May 2025
20 May 2025
Urgency found self-created for interdict sought, with existing order in place, making application redundant.
Interim interdicts—Urgency—Self-created urgency and existing court order—Duplicate relief abuse of process.
15 May 2025
6 May 2025
6 May 2025
6 May 2025
April 2025
29 April 2025
29 April 2025
Affected parties must use Rule 42 to set aside court orders granted in their absence.
Land use and property law – Rescission of a court order – Rule 42 – Affected parties not present in original action
22 April 2025
22 April 2025
22 April 2025
Negligence in medical treatment delayed plaintiff's education, impacting her earning capacity, warranting compensation for income loss.
Medical negligence; delay in academic progress; loss of income; expert evidence by industrial psychologists.
22 April 2025
9 April 2025
Court dismisses claims of unlawful arrest and assault, finding police acted lawfully enforcing Covid-19 regulations.
Civil Procedure – Unlawful arrest and detention – Vicarious liability – Covid-19 regulations compliance and enforcement – Proof of assault claims
8 April 2025
March 2025
27 March 2025
25 March 2025
25 March 2025
20 March 2025
18 March 2025
17 March 2025
13 March 2025
13 March 2025
11 March 2025
11 March 2025
4 March 2025
Family burial dispute resolved with cultural context; no evidence of customary marriage establishing burial rights.
Customary Law – Burial Rights – Exhumation claims based on alleged customary marriage and cultural rights. Urgency in burial disputes.
4 March 2025
4 March 2025
4 March 2025
February 2025
27 February 2025
Bail granted as magistrate misdirected on constitutional and procedural grounds under the Criminal Procedure Act.
Criminal Procedure - Bail application - Consideration of constitutional and statutory factors for bail - Interests of justice.
27 February 2025