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Citation
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Judgment date
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| April 2023 |
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Magistrate must dispatch Rule 53 record despite related filings; unnecessary opposition by another party attracts costs.
* Judicial review – Rule 53(b) – duty of presiding officer to dispatch record and reasons within 15 days of notice of motion.
* Related proceedings – filing of same record elsewhere does not absolve separate Rule 53 obligations.
* Costs – no costs against non‑opposing presiding officer; unnecessary opposition by an unrelated party attracts costs.
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21 April 2023 |
| March 2023 |
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Appellants failed to show bail was in the interests of justice given a strong State case and likelihood of re-offending and witness interference.
Bail — Schedule 5 offences — onus on accused under s60(11)(b) to show interests of justice permit release — s60(4) factors: likelihood to commit Schedule 1 offence, evade trial, or intimidate witnesses — strength of State's case (documents, bank statements, receipts) — use of phones/WhatsApp and messages from custody as indicia of ongoing criminality — appellate review where court a quo misdirects in evaluation of facts.
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28 March 2023 |
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Interim interdict dismissed: urgency self-created and applicant failed to establish a prima facie right or irreparable harm.
Interim interdict — urgency — self-created delay; requirement of prima facie right (though open to some doubt); non-disclosure and bona fides; allegations of forgery/fraud require primary facts; Administration of Estates Act s18(3) — Master may issue letters of authority for small estates; alternative remedies (enrichment) may negate irreparable harm.
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23 March 2023 |
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Plaintiff failed to prove assault by a security guard on a balance of probabilities; appeal upheld and claim dismissed.
* Delict – alleged assault by security guard – onus to prove assault on balance of probabilities. * Evaluation of evidence – conflicting versions: credibility, reliability and probabilities. * Importance of contemporaneous medical records and corroboration. * Appellate review – requirement for trial court to make credibility findings when versions conflict.
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22 March 2023 |
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A default judgment for unliquidated damages requires viva voce evidence; the applicant's damages affidavits lack probative value.
Civil procedure – Default judgment – Unliquidated damages – Rule 31(2)(a) requires oral evidence; plaintiff "damages affidavits" lack probative value; expert medico-legal reports admissible by affidavit if authored and confirmed by qualified expert and linked to viva voce evidence; proper notice of set down required; misapplication of rules for liquidated or interlocutory matters discouraged.
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17 March 2023 |
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Police failed to prove self‑defence; shooting was unlawful and the State held liable for proven damages.
• Criminal/tortious liability of the State – police use of force – test for self‑defence and objective assessment of necessity and proportionality.
• Onus on party pleading self‑defence – requirement to adduce credible evidence when versions conflict.
• Adverse inference where an available witness with material evidence is not called by a party.
• Evaluation of credibility, reliability and probabilities in resolving mutually destructive accounts.
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14 March 2023 |
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University's premature reallocation of an admitted student's space violated his constitutional right to further education and breached the admission contract.
* Constitutional law – Right to further education (s 29(1)(b)) – admitted applicant prevented from registering contrary to admission terms – unlawful denial of access to further education.
* Contract law – Interpretation of admission letter – three‑day acceptance term constituted binding contractual term; offeror may not withdraw or reallocate before expiry.
* Administrative/public institution obligations – transparency and accountability in application and registration processes; reliance on 'space availability' and 'first come first served' cannot override explicit acceptance timelines.
* Evidence – respondent required to prove applicant’s acceptance was late; failure to do so defeats defence of late acceptance.
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7 March 2023 |
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Exception dismissed: particulars sufficiently plead alleged misuse of confidential-use licence and damages comply with Rule 18.
* Civil procedure – exception for vagueness and embarrassment – test under Rule 23; pleadings must identify cause of action with sufficient particularity. * Contract – interpretation on exception – reluctance to decide definitive meaning where surrounding evidence may be admissible. * Confidential information/licence – scope of use licence and alleged unauthorised use. * Rule 18 – damages pleaded as 30% of estimated project costs sufficiently particularised.
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3 March 2023 |
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Quantum in medical negligence: award for lost earnings, lifelong care and housing for disabled minor, with contingency deduction and trust protection.
Medical negligence — quantum assessment — future loss of earnings, lifelong care and domestic assistance, and accommodation adaptations for a child with cerebral palsy; weight of conflicting expert evidence; contingency deduction (sliding scale); trust to protect minor’s capital award; comprehensive costs order including costs of two counsel.
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2 March 2023 |
| February 2023 |
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Hospital staff’s failure to monitor and intervene during labour caused intrapartum hypoxic-ischaemic brain injury and cerebral palsy.
Medical negligence – obstetric care – failure to plot partogram and adequately monitor CTG; delayed and inadequate response to persistent fetal heart abnormalities; failure to prepare/perform urgent caesarean section – causation of intrapartum hypoxic-ischaemic brain injury and cerebral palsy; evaluation of competing expert opinions and weight of incomplete clinical records.
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28 February 2023 |
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Court excluded confessions after probable police assault and discharged all accused for lack of admissible evidence.
Criminal procedure – admissibility of confessions (s217 CPA) and pointing out (s219A CPA) – voluntariness – reasonable possibility of police assault – exclusion of statements; Circumstantial evidence – Blom test – insufficiency after exclusion; Discharge under s174 CPA; Investigative practice – use of commissioned officers versus magistrates and need for sworn interpreters; Recommendation for procedural/legislative reform.
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26 February 2023 |
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Accused convicted of familicide; prescribed life sentences applied for murders and arson penalised, no substantial and compelling circumstances found.
* Sentencing – application of Zinn triad and Malgas guidance to Minimum Sentences Act.
* Minimum Sentences Act s51(1) – life imprisonment ordinarily prescribed for listed murders.
* Departure from prescribed sentence – requirement of substantial and compelling circumstances.
* Aggravating factors – familicide, premeditation, child and pregnant victim, lack of remorse.
* Firearms Control Act s103 – declaration of unfitness to possess firearms.
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16 February 2023 |
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Circumstantial and DNA evidence established that the accused intentionally burned and murdered four relatives.
* Criminal law – Arson and murder – Circumstantial evidence – Cumulative assessment of motive, opportunity, forensic and DNA evidence to establish guilt beyond reasonable doubt. * Forensic pathology – Burned bodies (100% burns) and presence of blood at scene indicating bleeding prior to burning. * DNA evidence – Deceased’s DNA on accused’s clothing; unknown male DNA on tracksuit pants; incomplete reference samples. * Criminal procedure – Discharge in terms of s174 appropriate for co-accused where evidence insufficient.
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13 February 2023 |
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Court imposed prescribed life imprisonment for rape of a six‑year‑old, finding no substantial and compelling circumstances to deviate.
Criminal law – Sentencing – Minimum sentence legislation – Rape of a child (six years) – Requirement to prove substantial and compelling circumstances to deviate from prescribed life imprisonment – Sentencing triad (crime, offender, society) – Aggravating factors: very young victim, forced penetration, injuries, hospitalisation, trauma, position of trust, lack of remorse.
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3 February 2023 |
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Reported
Plaintiff failed to prove the alleged defamatory accusation; court finds defendants reported suspicions and dismisses claim with costs.
Defamation — alleged publication during conference call — meaning and defamatory tendency — onus to prove publication — credibility of witnesses and contemporaneous documentary evidence — report of third‑party suspicions and investigatory communication as defence.
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2 February 2023 |
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High Court not first-instance forum for s111 disputes; respondent complied with s111(2)(a); application dismissed.
* National Credit Act – section 111(1) and (2)(a) – disputed account entries – what constitutes "reasonable detail" in a written response.
* Jurisdiction – National Consumer Tribunal is primary forum for disputes under sections 111/115/134; High Court not forum of first instance.
* Civil procedure – motion proceedings and Plascon-Evans rule – applicant bound by founding affidavit; disputed facts accepted on respondent’s version where appropriate.
* Evidence – late demands for call logs/ATM number not part of pleaded dispute and do not vitiate compliance with s111(2)(a).
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2 February 2023 |
| January 2023 |
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Complainant’s evidence corroborated by DNA and reliable chain‑of‑custody sufficed to convict the accused of raping a six‑year‑old.
Criminal law – Sexual offences – Rape of a minor; identification evidence via shouted name and in‑situ pointing; single child witness evaluated with caution but accepted where consistent and corroborated; forensic evidence (blood on sheet) and DNA matching; chain of custody of exhibits; accused’s alternative explanation rejected as inherently improbable.
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27 January 2023 |
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Application for emergency disaster accommodation dismissed for failure to exhaust remedies and to prove a disaster.
Administrative law – PAJA s6(2)(g) (mandamus) and s7(2)(a) (exhaustion of internal remedies); Disaster Management Act – definition, classification (s23) and declaration of local state of disaster (s55) – preconditions for municipal emergency powers; Principle of legality – limits where statutory preconditions not established; Joinder – improper joinder of provincial and district organs where no legal duty shown.
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10 January 2023 |
| 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 |
| November 2022 |
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Defendant failed to prove prescription; court refused remit for further evidence and dismissed the special plea.
Civil procedure – prescription – burden on defendant raising special plea to prove inception and completion dates and claimant’s knowledge; where facts lie within claimant’s knowledge defendant bears a reduced evidentiary burden but must still adduce evidence; parties’ agreement to separate issues must be respected; condonation under s 3 of the Act does not necessarily operate as res judicata.
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29 November 2022 |
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Condonation refused where Rule 30(2)(b) notice was defective, delays inadequately explained, and prospects of success absent.
Civil procedure – Rule 30 irregular proceedings – Requirement that a Rule 30(2)(b) notice must afford ten days to remove causes of complaint and warn of consequences – Rule 30(1) applications must be instituted within prescribed time – Condonation principles (Melane factors) – Attorney negligence and limits to relying on representatives’ delays – Prejudice and undue delay in minor child medical negligence claims.
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22 November 2022 |
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Appeal reinstated; default judgment not void ab origine, but illegal usurious interest corrected to prevailing legal rate.
Condonation — reinstatement of lapsed appeal; rescission of default judgment — Rule 49(1) (20-day rule) v Rule 49(8)/s36(1)(b) Magistrates’ Court Act; void ab origine — limited to no service/no mandate/no jurisdiction; magistrate’s discretion to accept affidavit evidence (rule 32(2)); prescribed/presiding rate of interest — illegal usurious interest corrected; costs allocation for condonation and abandoned application.
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8 November 2022 |
| October 2022 |
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Non-compliance with court rules and delayed, uncondoned review of the Master’s appointment justified striking the application off the roll.
* Civil procedure – compliance with Uniform Rule 62 and Practice Directive – proper pagination, collation and annotation of papers required; non-compliance may justify striking matter off roll.
* Administrative law – challenge to Master’s appointment of executor amounts to review under PAJA and is subject to rules against unreasonable delay and condonation.
* Estates – Administration of Estates Act – appointment and removal of executors are powers of the Master; removal by court only on s54(1)(a) grounds.
* Costs and sanctions – courts may sanction practitioners for persistent non-compliance, including striking matters and warning about fees.
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20 October 2022 |
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Rescission refused where applicant’s prolonged inaction and attorney negligence failed to justify setting aside dismissal.
* Civil procedure – Rescission of judgment – Uniform Rule 42(1) and common-law rescission – limits where judgment was procedurally competent and not erroneously granted.
* Uniform Rule 30 – declaration of irregularity, leave to amend, and power to order dismissal if irregularity not removed.
* Effect of dismissal – equivalent to absolution from the instance; plaintiff may in principle sue afresh.
* Attorney negligence and client passivity – inadequate explanation for default; need for reasonable explanation and good prospects on merits for rescission.
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18 October 2022 |
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Leave to appeal refused where evidence supported conviction for assault with intent to do grievous bodily harm and sentence was appropriate.
Criminal law – Competent verdicts to murder – Assault with intent to do grievous bodily harm as competent verdict where assault forms part of actus reus of murder; common purpose liability; sufficiency of evidence without individualised identification; forensic pathology evidence; sentencing and deterrence in witchcraft‑related vigilante violence.
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6 October 2022 |
| September 2022 |
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A mortgaged primary residence may be declared executable where debtor cannot show alternative means or disproportionate rights infringement.
* Civil procedure – Uniform Court Rule 46A – declaration of primary residence executable where mortgage bond and arrears exist; proportionality test and constitutional rights to property and housing. * Execution against mortgage security – efficacy and public confidence; refusal only where gross disproportionate infringement shown. * Suspension of execution – discretionary relief requires credible prospect of payment within reasonable time.
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27 September 2022 |
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Applicants lacked possession or clear right; interdict to prevent demolition or compel rebuilding was refused.
* Civil procedure – interim and final interdicts – requirements: prima facie/clear right, irreparable harm, balance of convenience. * Property – state land – occupation of vacant state land; absence of allocation or lawful possession. * Spoliation – mandament van spolie requires proof of prior peaceful and undisturbed possession. * Evidence – contemporaneous photographs can disprove asserted demolition or existence of structures. * PIE inapplicable where occupiers do not live on the land and are not in possession.
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27 September 2022 |
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Defendant liable for 105 days' unlawful detention; R500,000 awarded in general damages.
Unlawful arrest and detention – police liability for post-appearance detention – legal causation in remand cases – assessment of general damages for prolonged unlawful detention (105 days).
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27 September 2022 |
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The defendant unlawfully arrested, detained and shot the plaintiff; the State failed to justify the arrest or use of lethal force.
Police liability; unlawful arrest and detention — section 40(1) CPA — Schedule 1 jurisdictional requirement; use of force/private defence — necessity and proportionality; onus of proof on State; judgment at close of defendant’s case where defendant bears onus.
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8 September 2022 |
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A single breach can justify applying to operationalise a suspended sentence, but doing so prematurely risks unfair prejudice and must await finality.
Criminal procedure – Operationalisation of suspended sentence – Single breach suffices in principle, but application premature if subsequent conviction/sentence or appeal/review not finalised; proper procedure is to apply in the original suspended-sentence case after relevant milestones (S v Hoffman).
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8 September 2022 |
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Court found arrest, detention, assault and defamation by police unlawful; awarded R240,000 plus costs.
Police liability – unlawful arrest and detention – s 40(1)(b) CPA – credibility assessment of witnesses – assault supported by medical report – defamation and contumelia – quantum of damages.
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4 September 2022 |
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Applicant granted leave to amend particulars correcting location and commanding officer; amendment caused no prejudice or new cause of action.
* Civil procedure – Amendment of pleadings – Rule 28 – Delay in seeking amendment – prejudice must be shown – mala fides required to refuse.
* Pleadings – Facta probanda – amendment of non-essential particulars (place and identity of commanding officer) does not introduce new cause of action.
* Institution of Legal Proceedings Against Certain Organs of State Act – alleged conflict with statutory notice held without merit where facts corrected do not alter cause of action.
* Prescription – amendment does not revive or create a new prescribed claim where essential cause remains unchanged.
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1 September 2022 |
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Application to review removal as headman dismissed due to res judicata and non‑compliance with PAJA time limits.
Administrative law – review – res judicata – prior dismissal of proceedings challenging same administrative decision precludes relitigation; PAJA – time limits – review launched outside 180‑day period without condonation; procedural fairness claims not addressed where preliminary objections dispose of matter.
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1 September 2022 |
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Review of headman removal dismissed for res judicata and failure to comply with PAJA time limits.
Administrative law – review of administrative decision – res judicata applies where identical decision previously challenged and dismissed; PAJA s.7 – 180‑day prescription; condonation requires adequate explanation for delay; merits of customary leadership claim not adjudicated.
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1 September 2022 |
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Refusal of bail upheld: appellant failed to show exceptional circumstances against a strong state case and risk to public peace.
Bail – s 60(4), s 60(11) and s 65 Criminal Procedure Act – exceptional circumstances – strength of state case assessed by circumstantial evidence – risk of disturbance to public peace – appellate de novo review restricted to evidence before court a quo.
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1 September 2022 |
| August 2022 |
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Whether the applicant may evict unlawful occupants and whether the rectifying title transfer to the provincial government is valid.
* Property law – Eviction of unlawful occupiers from state-owned property; * Title rectification – validity of rectifying transfer to provincial government; * Delegation/donation of state land – chronology, registration and effect; * Administrative law – whether rectification/transfer constitutes administrative action (PAJA); * Prescription and acquisitive prescription; * Effect of spoliation orders on subsequent eviction proceedings.
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23 August 2022 |
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Court finds defendant liable for unlawful warrantless arrest and detention, awarding R95,000 plus interest and costs.
Police powers of arrest – Criminal Procedure Act s 40(1)(a) – requirements for warrantless arrest; Obstruction of justice – elements and application to speech; Freedom of expression as safeguard; Unlawful arrest/detention – damages assessment and interest.
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18 August 2022 |
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Subjective belief in witchcraft may be a substantial mitigating factor permitting departure from prescribed life sentences.
* Criminal law – Murder committed in furtherance of a common purpose – Minimum sentence under s51(1) and Part 1 of Schedule 2; * Sentencing – section 51(3)(a) substantial and compelling circumstances – subjective belief in witchcraft as mitigating factor; * Sentencing triad – consideration of seriousness, personal circumstances, deterrence and rehabilitation; * Convictions – murder, assault with intent to do grievous bodily harm, imputing witchcraft; * Sentence: effective 17 years for four murder-convicted accused; effective 5 years for accused convicted of assault and imputing witchcraft.
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18 August 2022 |
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Default judgment rescinded for failure to give required notice; applicants granted leave to file plea and each party to pay own costs.
Civil procedure – rescission of default judgment – rule 42(1)(a) – judgment erroneously sought/granted in absence of party – failure to give rule 31(5)(a) notice; condonation under rule 27 for failure to file plea – settlement negotiations and payment as good cause; costs — each party to pay own costs.
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16 August 2022 |
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Reported
High Court finds unilateral retrospective salary deductions unlawful; orders reinstatement and attorney-and-client costs.
Employment law – deductions from remuneration – Basic Conditions of Employment Act s 34 – requirement for law/agreement or fair procedure and hearing – High Court jurisdiction under s 77(3) BCEA – unlawful retrospective recovery of salary increments – declaratory relief and reinstatement ordered; costs on attorney-and-client scale.
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16 August 2022 |
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Identification assessed with caution; ballistic linkage and possession established guilt for robbery, murders and firearm offences.
* Criminal law – identification evidence – cautionary approach to eyewitness identification; credibility assessed against contemporaneous conduct and corroboration.
* Forensic science – ballistic comparison – linking firearm recovered from accused to cartridge cases at crime scenes and to correctional-centre escape.
* Criminal procedure – holistic assessment of circumstantial and direct evidence to determine guilt beyond reasonable doubt.
* Conspiracy – merges with completed principal offence; separate conviction inappropriate when principal offence proved.
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12 August 2022 |
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Accused failed to show exceptional circumstances for bail where strong State case, prior convictions, flight and interference risks existed.
Bail — s 60(11)(a): accused facing possible life sentence must show exceptional circumstances; consideration of strength of State case, flight risk, witness interference, and prior convictions — magistrate entitled to prefer unchallenged investigating officer’s evidence — appeal against bail refusal dismissed.
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10 August 2022 |
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Applicant’s tender rejected for lacking separate indemnity certificate; court finds rejection lawful despite ambiguous wording.
* Procurement law – tender evaluation – key competencies – distinction between professional indemnity certificate and Fidelity Fund Certificate – requirement for separate indemnity cover upheld.
* Administrative review – PAJA – challenge on grounds of irrationality, bias, irrelevant considerations and procedural unfairness – failure to show non‑compliance or reviewable defect.
* Tender interpretation – ambiguity in bid documents – ambiguity noted but insufficient to invalidate employer's interpretation where separate requirements and scoring are evident.
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2 August 2022 |