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Citation
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Judgment date
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| April 2025 |
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Court set aside SAFA officials’ decisions for mischaracterising complaint and interdicted playoffs pending proper SAFA determination.
Administrative law – PAJA review of sports association officials; mischaracterisation of complaint and failure to follow mandatory dispute-resolution rules (Rules 19.7–19.8, 25, 30.1); urgency and interim interdict to prevent irreparable prejudice; remittal versus substitutory relief; costs where public power exercised.
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9 April 2025 |
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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
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8 April 2025 |
| March 2025 |
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A complainant’s withdrawal in a domestic-related matter does not automatically entitle the accused to bail; the accused must still discharge s 60(11) onus.
Bail — domestic-related offences — s 59 and s 60 CPA amendments — accused bears onus under s 60(11) — complainant’s withdrawal not determinative — role of I/O limited — DPP may continue prosecution — appellate standard for setting aside magistrate’s bail discretion.
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27 March 2025 |
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State may pay court-ordered damages in instalments only if properly pleaded, evidenced, or agreed; absent same, pay within 30 days.
State liability – payment of judgments – State Liability Amendment Act s 3(3)(a) and PFMA s 38(1)(f) – statutory 30‑day rule – parties may agree on a different period; periodic payments not prohibited but constitute a special defence requiring pleading and evidence – section 173 inherent powers do not displace statutory scheme.
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25 March 2025 |
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An appeal was struck from the roll for flagrant procedural non-compliance and the attorney ordered to pay costs personally.
Civil procedure – Appeals from Magistrates’ Courts – compliance with Magistrate’s Court Rule 51 and Uniform Rule 50 – notice of appeal, security for costs, request for written judgment, magistrate’s statement under Rule 51(8), prosecution for hearing date; substitution on death – Uniform Rule 15(3) and special power of attorney; costs de bonis propriis against attorney for gross procedural negligence.
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25 March 2025 |
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Applicant ordered to pay costs for removal from the roll for non‑compliance with mandatory court‑file rules.
Rescission application — removal from roll — failure to collate, paginate and secure court file; Uniform Rule 62(4) and Joint Rules of Practice (Eastern Cape) — peremptory requirements — non‑compliance attracts costs as censure and indemnity; duty to furnish reasons for orders.
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20 March 2025 |
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Condonation refused and lapsed appeal not reinstated due to inordinate delay, inadequate explanation and weak prospects of success.
Procedure — Appeal — Uniform Rule 49: appeal deemed to have lapsed if not timely prosecuted; condonation requires full, reasonable explanation and assessment of prospects of success; attorney negligence weighed but has limits. Family law/evidence — Proof of marriage and dissolution: duplicate civil marriage certificate and register entry suffice against unsupported assertions; return of lobolo/customary fine in Regional Authority proceedings does not necessarily signify dissolution of a civil marriage. Civil procedure — Applications on paper: Plascon-Evans applies where respondent’s denials are bald, implausible or uncreditworthy.
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18 March 2025 |
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No substantial and compelling reasons to deviate from prescribed minimum; life imprisonment imposed and firearm possession disqualified.
Criminal Law Amendment Act s51 – prescribed minimum sentences – substantial and compelling circumstances; Sentencing triad – offender’s personal circumstances, seriousness of offence, interests of society; Femicide and gender-based violence as aggravating factors; Alcohol as ‘Dutch courage’ not mitigating; Firearms Control Act s103 – unfitness to possess firearms.
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17 March 2025 |
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Plaintiff proved wrongful assault by police on balance of probabilities; awarded R80,000, interest and costs.
Police liability – wrongful assault by police members on college premises; assessment of single-witness evidence corroborated by medical records; civil standard – balance of probabilities; assessment of general damages.
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13 March 2025 |
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Leave to appeal granted because the arbitration award’s alleged nullity raises reasonable prospects of success on appeal.
Administrative law / labour law – leave to appeal under s17(1) Superior Courts Act – reasonable prospects of success; Arbitration awards – alleged nullity and jurisdictional challenge; Effect of null arbitration award on purportedly revived employment contract; Enforcement of arbitration awards and relation to s158(1)(c) LRA; No‑work‑no‑pay, office allocation and urgency issues.
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13 March 2025 |
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Unlawful arrest and malicious prosecution where police failed to verify confession and prosecutors pursued an insufficient docket.
* Criminal procedure – Warrantless arrest – reasonable suspicion may be founded on inadmissible confession and hearsay; admissibility not prerequisite for suspicion.
* Arrest discretion – duty to verify practicable leads (e.g. s36C fingerprints); failure to do so can render arrest irrational and unlawful.
* Detention after first appearance – police duty to furnish prosecutor with bail/ investigation information; breach may establish legal causation for continued detention.
* Malicious prosecution – requirement of reasonable and probable cause and animus injuriandi; prosecutors who persist despite manifest evidentiary insufficiency may incur liability.
* Termination – withdrawal for insufficiency can constitute failure of prosecution for purposes of malicious-prosecution claim.
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11 March 2025 |
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Mandament van spolie granted to restore possession and interdict respondents from erecting structures on disputed leased land.
Property law — Possessory remedies — Mandament van spolie — Requirements: prior peaceful possession and unlawful deprivation — Spoliation applicable despite antecedent lease/contractual dispute where dispossession shown — Joinder/non-joinder — Urgency assessed on facts.
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11 March 2025 |
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Reported
Accusations made in a bona fide disciplinary investigation are subject to qualified privilege and do not constitute actionable defamation.
Defamation – employee accused of theft during disciplinary investigation – publication in presence of supervisors – qualified privilege (publication on privileged occasion) – defendant’s plea as raising privilege defence – necessity for trial court to give adequate reasons for adverse credibility findings.
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4 March 2025 |
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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.
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4 March 2025 |
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Reported
Willful absence from taxation after receiving notice precludes rescission of an allocatur; review procedures should have been used.
* Civil procedure – Taxation and allocatur – Rescission of a Taxing Master's allocatur governed by principles applicable to rescission of default judgments; adequate explanation for default required.
* Uniform Rule 70 – Notice of taxation – Taxing Master must be satisfied of due notice; email communications may constitute service.
* Distinction between rescission and review – Complaints about items allowed at taxation should be objected to at taxation or reviewed under Rule 66(5)/Rule 48.
* Willful/default absence – Failure to object or attend taxation amounts to implied consent to taxation in absentia, precluding rescission.
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4 March 2025 |
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Applicant failed to show exceptional circumstances for bail pending appeal; risk of absconding and failure to reconstruct record justified refusal.
Bail pending appeal — section 60(11)(a) exceptional circumstances required; section 321 execution of sentence not automatically suspended by appeal; appellant’s duty to reconstruct incomplete trial record; prior failure to appear and contempt conviction as indicators of flight risk.
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4 March 2025 |
| February 2025 |
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Victim identification and pointing out supplied reasonable grounds, so the warrantless arrest and detention were lawful; claim dismissed, no costs.
Criminal procedure – Arrest without warrant (s 40(1)(b) CPA) – Reasonable suspicion must be based on specific, articulable facts – Victim identification and pointing out can supply reasonable grounds despite discrepancies with medical report – Discrepancies to be explored in further investigation – Costs: Biowatch principle applied.
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27 February 2025 |
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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.
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27 February 2025 |
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Applicant failed to show urgency, adequate grounds or creditor benefit to set aside provisional winding‑up order.
Companies law; business rescue and winding‑up – adequacy of notice to affected persons (s130(3)/reg124) – substantial compliance; urgency under rule 6 – self‑created delay; s354(1) old Act – heavy onus to set aside winding‑up order; requirement to show special/exceptional circumstances and benefit to general body of creditors; assessment of proposed rescue based on contracts, tax compliance and insolvency.
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25 February 2025 |
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Appeal granted for State Attorney; denied for police; execution pending appeal dismissed.
Appeal - Leave to appeal granted for State Attorney and Minister of Justice, denied for Minister of Police; Section 18 application for execution pending appeal dismissed.
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20 February 2025 |
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The court considered appeals involving the outsourcing powers of the State Attorney and Section 18 applications for implementation pending appeals.
Leave to appeal - Reasonable prospects - Powers of the State Attorney in outsourcing cases - Application under Section 18 Superior Courts Act.
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20 February 2025 |
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State liable for assault and unlawful arrest/detention due to insufficient reasonable suspicion and procedural breaches.
Police liability for assault; unlawful arrest and detention; section 40(1)(h) CPA — reasonable suspicion requirements; procedural rights on arrest and detention (s35); use of medical records and adverse inference against bare denials.
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18 February 2025 |
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Applicant’s failure to amend pleadings and to notify respondents rendered his evolved relief procedurally incompetent; application struck with costs.
Administrative law / civil procedure – Rule 6(5) peremptory; notice of motion and founding affidavit required for application relief; "notice of set down" cannot substitute for amended notice of motion; parties must be given proper notice to oppose; failure to file counter-application does not automatically entitle applicant to withheld state/pension funds.
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18 February 2025 |
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Non‑service on the Minister and valid competing operating licences preclude an interdict for exclusive taxi route rights.
* Civil procedure – interdict – requirements for final interdict: clear right, injury, absence of alternative remedy.
* Service on organs of state – State Liability Act s 2(2)–2(3) – purposive approach; non‑service may be fatal.
* Dispute of fact on affidavit – Plascon‑Evans / Room Hire principles – genuine, material disputes require oral evidence or dismissal.
* Administrative/licencing law – validity of operating licences confers lawful right to operate route; challenge must be by appropriate administrative or review process.
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13 February 2025 |
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Leave to appeal granted to determine whether an investigatory panel exceeded a consent order by recognising a non-party as Headman.
Application for leave to appeal – Superior Courts Act s 17 – compelling reasons required; consent order staying proceedings pending administrative investigation – scope of investigatory panel’s mandate – recognition of person not party to original dispute – potential overstepping of consent order; review of administrative action arising from traditional leadership succession.
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11 February 2025 |
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Court upheld that security’s force in violent protest was justified and appellant’s credibility and volenti defence defeat her claim.
Security law; crowd-control — necessity/private defence for use of force in violent protest; volenti non fit injuria (assumption of risk); credibility and onus in civil cases; vicarious liability of hiring party for contracted crowd-control personnel.
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11 February 2025 |
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Municipality’s failure to provide a municipal road was unlawful; court ordered construction and mandated reporting.
* Municipal law – municipal roads – duty to provide and maintain municipal roads under s 156 and Part B of Schedule 5 of the Constitution. * Doctrine of legality and mandamus – courts may order public authorities to perform statutory duties where unjustified delay persists. * Mootness – claims become non-justiciable where relief sought has been executed prior to litigation (bridge issue). * Public administration – duties under s 195 (development‑oriented, responsive, accountable administration). * Constitutional rights impacted – basic education (s 28), dignity (s 10), life and health (ss 11, 27).
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6 February 2025 |
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Chairperson exceeded statutory powers and Premier acted without required Royal Family recommendation, so impugned disciplinary and removal decisions set aside.
Administrative law – traditional leadership – compliance with statutory procedure under Eastern Cape Traditional Leadership and Governance Act 1 of 2017; Record-keeping and provision of records (mechanical recordings vs transcript); Right to present mitigation (s31(12)); Scope of chairperson’s sanctions (s31(14)) – impermissible recommendation of removal; Jurisdictional fact for removal – Royal Family recommendation required under s24; Principle of legality and reviewability of decisions lacking statutory preconditions.
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4 February 2025 |
| January 2025 |
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Non‑joinder of directly interested parties is fatal to the applicant's challenge to business rescue and related orders.
Business rescue and insolvency — Reconsideration of business rescue process and related court orders — Non‑joinder — Test: direct and substantial interest causing prejudice — Non‑joinder fatal; sequestration rule nisi confirmed where debtor fails to show cause and interlocutory applications improperly before court.
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28 January 2025 |
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Appellants charged with schedule 6 offences failed to show exceptional circumstances; magistrate’s refusal of bail upheld.
Criminal Procedure – Bail (schedule 6 offences) – onus on accused to show exceptional circumstances; bail proceedings sui generis; factors: flight risk, false/unverifiable addresses, use of allegedly hijacked vehicle, failure to report/seek nearest medical care; risk of retaliatory violence – appellate review under s65(4) limited to wrongness of magistrate’s discretion.
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28 January 2025 |
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Misdescription of a corporate name did not void the order authorising seizure; application dismissed with costs.
* Civil procedure – mandament van spolie and rei vindicatio – lawfulness of seizure where writ/order refers to an abbreviated or variant business name.
* Companies Act s32 – use and publication of company name; misdescription/misnomer doctrine and correction of party identities.
* Motion proceedings – application of Plascon‑Evans rule where factual disputes arise on affidavits.
* Evidence – confirmatory affidavits and delivery notes as admissible proof of transactions and delivery.
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23 January 2025 |
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Appeal dismissed as appellant failed to prove exceptional circumstances for bail under schedule 6 offences.
Criminal Procedure – Bail – Schedule 6 offences – Appeal against refusal of bail – Exceptional circumstances under section 60(11)(a) required for release on bail.
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21 January 2025 |
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Rape conviction and sentence affirmed; appellant's defense rejected as improbable and unsupported.
Criminal Law – Rape – Whether appellant's conviction was properly evaluated – Application of minimum sentence legislation.
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21 January 2025 |
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Award of costs on Scale B for contempt of court involving failure to pay children's school fees.
Family Law – Maintenance obligations – Non-compliance with court order – Contempt of court – Costs awarded on punitive scale due to failure to adhere to a court order involving children's welfare.
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21 January 2025 |
| December 2024 |
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The defendant held liable for unlawful arrests and detention due to lack of reasonable suspicion and constitutional procedural breaches.
Police law – unlawful arrest and detention – onus on state to justify interference with liberty – section 40(1)(b) CRA application – requirement of reasonable suspicion – procedural rights on arrest (s35 Constitution) – failure to advise rights and to call arresting officers – liability for damages.
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17 December 2024 |
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Arrest and detention were lawful: reasonable grounds and proper exercise of discretion; no malice proved.
Criminal procedure – arrest without warrant – reasonable suspicion and objective exercise of discretion under s40(1)(b) CPA; detention pending bail profiling – application of s60(11)(b) CPA; malicious deprivation of liberty – requirement to prove instigation without reasonable cause and animus iniurandi; post-arrest developments do not invalidate objectively reasonable arrest.
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10 December 2024 |
| November 2024 |
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Whether the applicant was unlawfully arrested, detained and assaulted and whether the respondent is vicariously liable.
* Criminal procedure / police conduct – unlawful arrest and detention – assessment of whether person was a complainant or arrested for questioning.
* Tort / delict – assault, torture and unlawful restraint by police – evidence including medical report (J88) and photographs.
* State liability – vicarious liability of Minister of Police for wrongful acts of SAPS members.
* Evidence – credibility and reliability assessment; application of Stellenbosch Farmers Winery v Martell principle; evaluation of probabilities.
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26 November 2024 |
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Customary marriage was valid where parties consented and married under the bride’s clan customs; nonattendance by groom’s relatives alone did not invalidate it.
Customary marriage – Recognition of Customary Marriages Act s3(1) – validity where marriage negotiated and celebrated under bride’s clan customs – absence of groom’s relatives at lobola does not automatically invalidate marriage – corroborative evidence and long cohabitation support validity.
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26 November 2024 |
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Community applicants had standing but failed to prove urgency or requirements for an interim interdict against the municipal CFO appointment.
Urgency — rule 6(12) and requirement to plead explicit reasons for urgency; Locus standi — section 38(d) public-interest standing; Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience, no alternative remedy); Administrative action — review of municipal appointment; Suspension v interdict — interim relief cannot be used to effect de facto suspension without proper basis.
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26 November 2024 |
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Reported
Warrantless arrests lawful if reasonable suspicion exists; prosecution not malicious absent lack of reasonable and probable cause.
Criminal procedure – Warrantless arrest (s 40(1)(b)) – reasonable suspicion and lawful exercise of discretion; Malicious prosecution – elements: setting law in motion, reasonable and probable cause, animus injuriandi, and failure – prosecutor’s decision; Evidence – identification from CCTV footage; State liability – vicarious liability and Biowatch costs principle.
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14 November 2024 |
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The High Court may hear contractual employment claims; the LRA only ousts jurisdiction where it prescribes exclusive remedies.
Labour law — Jurisdiction — LRA s 157(1) — Exclusive jurisdiction of Labour Court limited to matters for which LRA/BCEA create specific remedies — BCEA s 77(3) — concurrent jurisdiction with civil courts in respect of contracts of employment — Jurisdiction determined from pleadings (Gcaba) — High Court competent to hear contractual employment claims.
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5 November 2024 |
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Fourteen‑month delay and acquiescence (paid taxed costs, quantum preparations) warranted refusal of condonation and leave to appeal.
* Civil procedure – condonation for late filing of application for leave to appeal – factors: length of delay, explanation, prospects of success, importance, prejudice, administration of justice (Grootboom; Melane).
* Peremption/acquiescence – payment of taxed costs and preparatory conduct for quantum hearing can perempt applicant’s right to appeal (Gentiruco; President v Public Protector).
* Prescription – special plea alleging claimant had knowledge by date certain defeated where severe traumatic brain injury and curator ad litem demonstrate lack of requisite knowledge; plea had no prospects of success.
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5 November 2024 |
| October 2024 |
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An executor (applicant) is entitled to urgent mandament van spolie to restore estate property unlawfully dispossessed.
* Mandament van spolie – possessory remedy – requirements: prior peaceful possession and unlawful dispossession – ownership irrelevant at spoliation stage. * Executor’s locus standi – quasi-possession/possessio iuris under common law and Administration of Estates Act – entitled to sue for spoliation. * Counter-spoliation – not available where prior peaceful possession existed and alleged counter-action continues the breach. * Urgent relief – Uniform Rule 6(12).
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31 October 2024 |
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Failure to advise accused or summon assessors in a murder trial rendered the proceedings improperly constituted and null.
Criminal procedure – Magistrates' Courts Act s93ter(1) – assessors in murder trials – presiding officer's duty to inform accused and ascertain election – non‑compliance vitiates trial – appellate power under s304(2) Criminal Procedure Act.
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25 October 2024 |
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A recognised traditional leader was granted a final interdict against an unrecognised person holding himself out as headman and using a headman’s stamp.
Traditional leadership — institution of headmanship — unlawful holding out as headman; Civil procedure — interdict — requisites: clear right, injury committed or apprehended, no adequate alternative remedy; Plascon‑Evans approach to disputes of fact on affidavit; Adequacy of alternative remedies (criminal prosecution; internal royal remedies).
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24 October 2024 |
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A municipality must show a council resolution or written delegation before litigating; a Rule 7(1) challenge is competent.
* Administrative law – Municipal authority to litigate – A municipality acts through its council; written council resolution or delegation required to institute proceedings. * Civil procedure – Rule 7(1) – Proper remedy to challenge authority of party or attorney to prosecute proceedings. * Proof of authority – Letter from municipal legal adviser insufficient; municipal manager needs specific delegation or resolution. * Costs – wasted costs relating to Rule 7(1) notice awarded against applicant on Scale A.
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24 October 2024 |
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Court cannot appoint an executor but may direct the Master to exercise statutory discretion when the Master acted unreasonably.
Administration of Estates Act s14, s18; Master’s statutory discretion to appoint executors; limits on judicial usurpation of executive/statutory powers; reviewability for legality and reasonableness; court’s s173 constitutional power to direct exercise of discretion in interests of justice.
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24 October 2024 |
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Court applied statutory minimums for murder and specified robberies, finding no substantial and compelling circumstances to justify deviation.
Criminal law – Minimum sentences – s 52 Criminal Law Amendment Act – murder (life) and specified robberies (15 years) – whether substantial and compelling circumstances justify departure; consideration of personal circumstances (alleged brainwashing), premeditation, use/theft of firearms, remorse and rehabilitation; structuring of concurrent and consecutive terms.
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16 October 2024 |
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Eviction refused where credible evidence of an earlier sale and the doctrine of notice precluded treating occupiers as unlawful.
Land law – possession and eviction under PIE – dispute whether occupier is unlawful where an alleged oral sale (payments, receipts, long possession and improvements) occurred; Alienation of Land Act s2(1) – requirement of deed of alienation; evidence evaluation – application of Plascon-Evans rule; doctrine of notice – purchaser with notice of prior personal right may be bound to give effect thereto; appellate review – no misdirection or basis to interfere with factual findings.
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15 October 2024 |
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Respondent deemed negligent under s25 ERA where electrocution from its transformer was proven and rebuttal failed.
* Electricity Regulation Act s25 – deeming provision – where damage caused by electricity transmitted or distributed by a licensee is proven, negligence is presumed unless credible rebuttal adduced; implications for municipal licensees.
* Inferential reasoning and circumstantial evidence – electrocution may be inferred from proven facts where direct eyewitness evidence is absent.
* Expert/opinion evidence and Rule 36(9) – non‑compliance renders opinion evidence inadmissible; parties must give notice and summaries for expert evidence.
* Negligence – standard of diligens paterfamilias; duty to enclose, pole‑mount or maintain transformer and to inspect enclosures.
* Contributory negligence and minors – child under seven (two years old) incapable of contributory negligence; Apportionment of Damages Act inapplicable to the minor’s fault.
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8 October 2024 |