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Citation
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Judgment date
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| October 2024 |
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Condonation granted but leave to appeal dismissed: magistrate’s remand broke causation, NDPP not liable for post-appearance detention.
Condonation for late filing – reasonable explanation and substantial justice; Leave to appeal under s17 Superior Courts Act – requires reasonable prospects of success or compelling reason; Legal causation – novus actus interveniens where magistrate’s remand breaks causal link; Liability for post-appearance detention – magistrate’s remand justified by prima facie case, need for interpreter and further investigation (s204); NDPP not jointly liable for remand ordered after court appearance.
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1 October 2024 |
| September 2024 |
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Irregular failure to have accused confirm her written plea did not vitiate conviction, but the suspended-sentence condition was vague and corrected.
Criminal procedure – guilty plea procedure under s112(1)(b) and s112(2) – duty to ascertain accused’s admissions; Plea confirmation – counsel reading plea statement – irregularity vs. prejudice; Sentencing – suspended sentence conditions must be clear, precise and related to offence; Review – s304(4)/s303 review powers and consequences of delayed transmission of record.
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25 September 2024 |
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Screening prosecutor enrolled perjury charge without reasonable cause, acted with animus injuriandi; prosecution failed, R200,000 awarded.
Malicious prosecution — elements: setting the law in motion; reasonable and probable cause; animus injuriandi; failure of prosecution — screening prosecutor’s duty to satisfy herself of prima facie evidence (A1 and warning statements); striking off roll and prolonged non‑reinstatement as failure; assessment of quantum.
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17 September 2024 |
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Respondent must file answering affidavit or Rule 6(5)(d)(iii) notice; urgent return of equipment ordered; sheriff’s costs awarded.
Civil procedure – Rule 6(5)(d) – obligation to deliver answering affidavit or, if raising only a point of law, notice under Rule 6(5)(d)(iii); counsel may not rely solely on oral submissions; urgency – removal of core switch and server causing operational prejudice; costs – sheriff protected where no basis pleaded for punitive costs against officer of court.
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17 September 2024 |
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The defendant is held liable for damages to plaintiff from a negligently caused motor vehicle collision.
Road Accident Fund liability - negligence in motor vehicle collisions - unchallenged testimony supporting plaintiff's compensation claim.
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17 September 2024 |
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A 'not guilty' verdict is irregular after a plea when a s77 enquiry finds incapacity; court must order detention/admission not acquittal.
Criminal procedure – section 77 inquiry – accused found incapable of understanding proceedings – effect of plea made before inquiry – section 77(6) and section 106(4) restrict verdicts to detention/admission or release, not acquittal – admission/detention under Mental Health Care Act – review of magistrate’s verdict.
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12 September 2024 |
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Court imposes concurrent sentences for domestic violence and murder, prioritizing retribution for heinous gender-based violence.
Criminal Law - Domestic violence and murder - Sentencing considerations - Substantial and compelling circumstances - Remorse articulation.
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12 September 2024 |
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Plaintiffs failed to prove service of the ILPACOSA statutory notice within six months; special plea upheld with costs.
Statutory notice under ILPACOSA – compliance with sections 3 and 4 – proof of service on an organ of state – onus and assessment on balance of probabilities – lost/missing documentation and contradictory affidavits – adverse inference for failure to call available witness – special plea upheld.
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10 September 2024 |
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The court upheld the municipality's right to disconnect utilities over unpaid debts not attributed to the new owner.
Municipal law – Utility services – Disconnection of services – Lawfulness of holding current property owner accountable for past owner's debts.
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10 September 2024 |
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Warrantless arrest lawful where reasonable suspicion existed from co‑accused's admission and corroborating investigative steps.
Criminal procedure — Warrantless arrest — s 40(1)(b) CPA — Reasonable suspicion may be based on co‑accused admissions and hearsay; Rule 37 pre‑trial minute and agreed documentary admissions are binding; withdrawal/striking off or co‑accused’s death does not automatically entitle civil damages for unlawful arrest.
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10 September 2024 |
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Reported
Review of MEC’s refusal to recognise a principal traditional community dismissed for failure to meet statutory requirements.
Administrative law – judicial review under PAJA and legality – delegation of provincial executive powers – interpretation of section 2B Traditional Leadership and Governance Framework Act – requirement of recognition in applicable provincial legislation – absence of rule 53 record not per se fatal – misjoinder and condonation.
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5 September 2024 |
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Urgent interim interdict to compel university registration pending review dismissed for lack of urgency and unfavorable balance of convenience.
Administrative law; interim interdict — urgency under rule 6(12); requirements for interim interdict (prima facie right, irreparable harm, balance of convenience, no alternative remedy); separation of powers — restraint of statutory/administrative action pending review; OUTA principle; academic exclusion and review remedy.
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3 September 2024 |
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Whether lodging an appeal automatically uplifts a PSIRA suspension — court held it does not; uplift is discretionary.
* Private Security Industry Regulation Act (No.56/2001) – ss 26(1),(3),(8) and s30(1) – suspension of registration; whether noting an appeal automatically uplifts suspension; Authority’s discretion to uplift.
* Interim interdict – requirements (prima facie right, irreparable harm, balance of convenience) and availability of alternative administrative remedies.
* Jurisdiction – territorial connecting factors and implementation of relief within court’s area.
* Urgency – rule 6(12) abridgement of time.
* General Law Amendment Act s35 – interim interdicts against the State (not applicable absent showing respondent is State).
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3 September 2024 |
| August 2024 |
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Convictions set aside where the State failed to prove misappropriation or misrepresentation beyond reasonable doubt.
Criminal law — Theft and fraud — Sufficiency of evidence — Whether payments constituted misappropriation or were authorized commercial arrangements; failure to testify; civil accounting disputes not amounting to criminal misrepresentation.
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30 August 2024 |
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Committal application required fresh proof of contumacy; appellant failed to prove wilful, mala fide non-compliance.
Contempt of court — committal proceedings — where imprisonment sought, higher standard of proof applies; prior finding of contempt does not preclude fresh inquiry when circumstances change; effect of divorce on interim orders; necessity to prove wilful and mala fide non-compliance for committal.
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28 August 2024 |
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Court dismisses asylum relief: magistrate remand orders binding; statutory asylum prerequisites and exclusions unmet.
• Immigration & Refugee law – interplay between Immigration Act and Refugees Amendment Act – jurisdictional facts for detention under ss 41 and 49; • Refugee applications – requirement to report to Refugee Reception Office within five days and declaration at port of entry; • Exclusion/disqualification – prior deportation not rehabilitated and failure to report as grounds for exclusion; • Administrative law – s22(4) does not create an independent right to a permit; necessity to join statutorily empowered decision-maker; • Civil procedure – binding effect of unchallenged magistrate remand orders; forum-shopping prohibited.
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27 August 2024 |
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Plaintiff failed to prove unlawful arrest by SAPS members; trial particulars and a bail receipt were insufficient, absolution granted.
* Delict – wrongful arrest and detention – onus to prove arrest by police members and unlawfulness; police docket and SAPS registers as primary records
* Civil procedure – discovery – non-production of police docket and effect on proof
* Pleadings – trial particulars cannot create a new cause of action or cure material variance in pleadings
* Evidence – inconsistent testimony and lone bail receipt insufficient to discharge balance of probabilities
* Remedy – absolution from the instance; costs to successful defendant
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27 August 2024 |
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Plaintiff failed to prove arrest and detention by police; bail receipt alone insufficient to establish wrongful arrest.
Civil damages for unlawful arrest and detention – burden of proof on plaintiff to establish arrest by police members – police docket and SAPS registers as primary records – trial particulars cannot alter pleaded cause of action – inconsistencies and lack of corroboration undermine plaintiff’s case – absolution from instance.
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27 August 2024 |
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Failure to join the detention facility head and Minister required postponement of the applicant’s release application.
Administrative law; detention and joinder — necessity to join the detention facility’s executive authority and Minister under State Liability Amendment Act s2(1) when relief affects custody; court may raise non-joinder mero motu; inability to grant release without necessary parties.
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27 August 2024 |
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Caretaker agreement terminated for breach through unauthorized subletting; respondents ordered to vacate property.
Contracts – Caretaker Agreement – Breach and termination – Unlawful occupation and eviction – Subletting without authority – Costs.
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20 August 2024 |
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An interlocutory order remains operative despite a pending application for leave to appeal under s18(2) of the Superior Courts Act.
Administrative law – interlocutory orders – Superior Courts Act s18(1)–(3) – s18(2) preserves operation of interlocutory orders pending leave to appeal; obligation to obey court orders; costs where proceedings unnecessary.
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20 August 2024 |
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High Court enforces revived employment contract: orders immediate payment of salary, removal of office key block, and punitive costs.
Employment law; enforcement of employment contract in High Court; concurrent jurisdiction with Labour Court; effect of bargaining council award reviving employment; urgent specific performance and interdicts; costs on attorney-and-client scale.
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20 August 2024 |
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An urgent interim interdict stayed disciplinary proceedings pending review where statutory disciplinary procedures appeared not to have been followed.
* Local government disciplinary law – Local Government: Disciplinary Regulations for Senior Managers, 2010 – Regulation 5 procedural preconditions before instituting disciplinary proceedings against senior managers; * Administrative law – legality and municipal powers – municipalities must act within statutory constraints; * Interim relief – urgency, prima facie right and exceptional circumstances to interdict disciplinary proceedings in medias res; * Jurisdiction – concurrent jurisdiction issues with the Labour Court left for substantive determination.
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20 August 2024 |
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Dolus eventualis murder of a child; court found substantial and compelling circumstances and imposed wholly suspended concurrent sentences.
Criminal law – Murder and attempted murder – mens rea: dolus eventualis; Mandatory minimum sentence s51(1) Criminal Law Amendment Act – victims were children; Substantial and compelling circumstances s51(3) – factors justifying deviation (age, first offender, remorse, cooperation, family dependence, reconciliation); Sentencing – wholly suspended concurrent sentences; Firearms Control Act – declaration of unfitness to possess firearm.
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19 August 2024 |
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Plaintiff failed to prove loss of earning capacity; awarded R2,061,075 for general and future medical damages, with specified costs and interest.
Medical negligence — cannula insertion causing brachial artery obstruction and amputation; damages quantification — loss of earning capacity (proof required), general damages, future medical/prosthetic and care costs; evidentiary weight of untested expert reports; contingency deduction and effect of interim payment; costs allocation for trial days and unpaid expert testimony.
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15 August 2024 |
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Court refuses to assume supervisory jurisdiction over provincial education infrastructure despite identified overcrowding and an offered implementation plan.
Education law — Right to basic education — Classroom overcrowding — Structural interdicts and supervisory jurisdiction — Institutional competence and separation of powers — Need for needs-assessments and concrete implementation plans before judicial supervision.
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13 August 2024 |
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Court awarded 25% pre‑morbid and 40% post‑morbid contingencies for minor’s future loss of earnings; RAF to pay R915,925 plus undertakings.
Road Accident Fund — assessment of future loss of earnings for a minor — contingency deductions — appropriate higher post‑morbid contingency where permanent functional impairment causes labour‑market vulnerability; expert admissions and actuarial assumptions; section 17(4)(a) undertaking and curator bonis.
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13 August 2024 |
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Trial court’s inadequate sentencing explanation permitted review, but 18 months’ imprisonment for violent assault was upheld.
Sentencing—Zinn triad—material misdirection by silence on sentencing factors—appellate reconsideration; section 28(2) (primary caregiver v breadwinner); provocation as mitigation; relevance of prior violent convictions; custodial sentence appropriate for serious, violent assault.
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12 August 2024 |
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Whether the appellant’s cumulative six-year sentence for multiple frauds was disproportionate, requiring concurrency to 18 months.
Sentencing appeal – cumulative effect of multiple sentences – duty to consider cumulative impact even when offences at different times/places – proportionality and S v Dodo – concurrency versus consecutiveness – relevance of dated prior convictions – s282 antedating.
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12 August 2024 |
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Authority to institute proceedings must be disputed under rule 7(1); an unauthorised loan was void, but broad bond and surety may secure an enrichment claim.
• Civil procedure – authority to institute motion proceedings – role of rule 7(1) – deponent to founding affidavit not required to prove authorisation absent rule 7 challenge. • Administrative/contract law – delegation of powers – agreement void where signed without required authorised signatories and not ratified. • Property/security law – mortgage bond accessory but may secure enrichment claim if broadly drafted. • Suretyship – accessory security may be enforceable to the extent it secures enrichment claim. • Restitution – unjust enrichment (condictio) may be available where underlying contract void.
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6 August 2024 |
| July 2024 |
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Arrest lawful, but continued detention from 21 Nov to 22 Dec 2022 was unlawful; state liable for damages.
Immigration law – Arrest and detention of illegal foreigners – Application of sections 41, 34 and 49 of the Immigration Act – Effect of Constitutional Court decisions declaring parts of s34(1) invalid and prescribing interests-of-justice and judicial oversight – Lawfulness of detention pending deportation; onus to justify continued detention; failure to call key witnesses and contradictory official evidence leads to rejection of state case.
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30 July 2024 |
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Leave to appeal refused: court may decide a fully canvassed misjoinder issue despite no prior separation order.
* Civil procedure – misjoinder and non‑joinder – whether defendant properly joined for delict arising from prosecutor’s conduct – pleadings and evidence; * Uniform Rules r 33(4) – court’s discretion to separate issues, but procedural formalism should not defeat substantive justice absent prejudice; * Superior Courts Act s 17(1) – test for leave to appeal (reasonable prospects of success/compelling reasons).
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23 July 2024 |
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Court finds accused guilty of robbery, murder, weapon possession, relying on confession, and DNA links.
Criminal Law – Robbery, murder, possession of dangerous weapon – Admissibility of confession and pointing out – Circumstantial and DNA evidence sufficiency.
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17 July 2024 |
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Application for leave to appeal against earlier spoliation judgment denied due to lack of reasonable prospect of success.
Civil Procedure – Leave to appeal – Mandament van spolie – Unlawful deprivation of property possession – Lien as defence in spoliation claim.
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9 July 2024 |
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Reported
Final protection order set aside for procedural irregularity and denial of opportunity to be heard; matter remitted for expedited rehearing.
Domestic Violence Act – interim protection order and return date – obligation to allow respondent to show cause on return date; Criminal Procedure Act s60(11),(12) – bail conditions and issuance of protection orders; review – procedural irregularity, audi alteram partem violation; conflation of bail and protection proceedings; absence of malice or bias; costs against judicial officers and State.
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9 July 2024 |
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Principal agent’s certified final account binds employer; contractor entitled to final payment certificate, payment and interest.
* Contract — JBCC 2000 — authority and binding effect of principal agent’s certification of final account and issuance of final payment certificate.
* Civil procedure — motion proceedings — affidavits and documentary corroboration required; uncorroborated allegations not probable.
* Arbitration/adjudication clauses — where principal agent has certified amount, no referral to adjudication arises for that certified sum.
* Remedies — specific performance ordering issuance of certificate and payment, plus interest and costs.
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2 July 2024 |
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Trial court’s interventionist conduct and evidentiary gaps rendered rape and assault convictions unsafe; appeal upheld, convictions set aside.
Criminal procedure – Fair trial and impartiality – prohibition on judicial descent into the arena; cross‑examination and closing argument rights protected – Single witness evidence – cautionary evaluation where J88 inconclusive and no DNA evidence – Miscarriage of justice where trial court materially misdirects itself.
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2 July 2024 |
| June 2024 |
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Bail appeal dismissed due to lack of exceptional circumstances despite personal and legal arguments by the appellant.
Criminal Procedure Act - Schedule 6 offense - bail refusal - exceptional circumstances - interest of justice - appeal dismissed.
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28 June 2024 |
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Applicant’s spoliation claim failed: impoundment was not shown unlawful and alternative remedies existed.
• Spoliation (mandament van spolie) — requirement to prove unlawful dispossession and absence of adequate alternative remedy.
• Impoundment law — interaction of s 42(2) NRTA, s 87(1) NLTA and regulations 18 and 36(1) regarding licence/roadworthy discs and grounds for impoundment.
• Urgency — commercial urgency assessed against available remedies.
• Evidence standard — application of Plascon-Evans where respondent’s version not inherently far-fetched.
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25 June 2024 |
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Minority postponed prescription; defendant’s unpleaded prescription defence failed and was dismissed with costs.
Prescription — special plea — onus rests on party pleading prescription — minority delays commencement and completion of prescription — prescription may not be raised mero motu under s 17(1) Prescription Act — pleadings must state material facts; unpleaded factual bases cannot be relied on at trial.
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25 June 2024 |
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Appellate court affirms intrapartum negligence and causation findings, amending order to limit liability to representative capacity.
Medical negligence — intrapartum hypoxic-ischaemic injury and causation; medical records — vicarious admissions and evidential weight where authors not called; expert opinion — court’s duty to evaluate and may reject joint opinions; appellate review — deference to trial court credibility findings absent clear misdirection; prescription — amendment of order to limit declaration to representative claim.
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25 June 2024 |
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Occupier held fully liable after court preferred plaintiff’s account that she slipped on a wet entrance mat.
Delict — premises liability — slip and fall on entrance mat — assessment of mutually destructive versions: credibility, reliability and balance of probabilities — occupier held liable where mat rendered slippery by tracked rainwater; damages and costs awarded to plaintiff.
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20 June 2024 |
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Applicant’s loss‑of‑support claim dismissed for failure to prove a legally enforceable duty of support beyond majority.
Dependants’ action; duty of support between siblings; boni mores assessment; continuation of support beyond majority; evidentiary burden to prove binding duty; customary law considerations.
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20 June 2024 |
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Applicant’s claim to occupied rural allotment dismissed for prolonged unexplained delay, lack of possession, and superior rival evidence.
* Land law – informal land rights – IPILRA s 2(1) – protection requires proof of an existing informal right to use, occupation or access; customary practices may determine loss of an allotment.
* Administrative law – undue delay and condonation – review/rights-based claims must be instituted without unreasonable delay; unexplained long delay may justify refusal to entertain relief.
* Civil procedure – factual disputes in motion proceedings – where material facts are disputed and no oral evidence is sought, Plascon-Evans principle applies and declaratory relief may be refused.
* Evidence – documentary proof and actual occupation (development) are material to establish entitlement and to assess prejudice to third parties.
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18 June 2024 |
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The applicant failed to prove municipal negligence or causation for injuries from an uncovered manhole.
Delict — negligence — municipal liability for manholes/stormwater drains — ownership and duty to maintain — factual and legal causation — absolution from the instance — failure to establish prima facie case.
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18 June 2024 |
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Court allowed withdrawal of blanket admissions where mistake and bona fide defence shown; prejudice curable by costs, amendment granted.
Civil procedure — Amendment of pleadings — Withdrawal of admissions — Court requires reasonable explanation for circumstances of original admission and reasons for withdrawal — Prejudice to other party must be considered; curable prejudice may be met by costs or postponement.
Criminal procedure — Bail/remand — Decision to postpone bail and further detention is a judicial function of the magistrate, not a unilateral power of the prosecutor.
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18 June 2024 |
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Leave to appeal costs refused; applicants failed Rule 35(14) requirements and showed no exceptional circumstances.
Rule 35(14) URC – production of documents; necessity and relevance for pleading – reconciliation accounts and dishonoured payments; Costs – discretion of trial court; appeals on costs alone – s17 Superior Courts Act; exceptional circumstances and reasonable prospects of success; formal sufficiency of notice of appeal.
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13 June 2024 |
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The respondent liable for a rubber-bullet injury; excessive quantum claims unproven, R50,000 awarded for pain and suffering.
Police liability – rubber-bullet injury – identification of officers in daylight; admissibility and credibility of J88/medical records despite administrative date discrepancies; failure to prove past/future loss of earnings and excessive quantum; costs reduced to Magistrates’ Court scale.
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11 June 2024 |
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Appellants’ medical evidence did not establish exceptional circumstances; magistrate’s refusal of bail was not wrongly exercised.
Criminal procedure – Bail on new facts – Section 60(11)(a) (Schedule 6 offences) – Exceptional circumstances required – Appellate review limited to material misdirection of magistrate’s discretionary exercise.
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11 June 2024 |
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Appeal dismissed: improperly admitted confession excluded but voluntary community admissions and circumstantial evidence sustain convictions.
Criminal procedure – plea explanation – scope of section 115 CPA; admissibility of confessions – voluntariness and section 35(5) Constitution; extra-judicial admissions – section 219A CPA; circumstantial evidence and inferences (R v Blom).
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10 June 2024 |