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Citation
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Judgment date
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| August 2022 |
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The respondent is vicariously liable for police omissions that caused the applicant’s loss.
Police duty of care – obligation to protect persons and property; omissions and negligence – standard of the reasonable police response; factual and legal causation – but-for and proximity analysis; vicarious liability of the State for SAPS employees; credibility assessment of witnesses; remedy – liability established, quantum to be determined.
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2 August 2022 |
| July 2022 |
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Lease terminated; unlawful occupier evicted after PIE-compliant notice; claimed improvement lien inadequately proven.
Eviction under PIE – holding over/expiry of lease – one month’s notice sufficient; service of s4(2) notice effective despite delivery to domestic worker if occupier received and participated; ius retentionis (improvement lien) must be adequately pleaded and proved; absence of municipal relocation report not fatal where occupier is not destitute; organ of state entitled to regain control of immovable assets.
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26 July 2022 |
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Court orders extensive discovery under Rule 35(13) to examine former executor’s estate accounts and records.
Rule 35(13) — discovery in motion proceedings; exceptional circumstances where discovery may be directed; executor’s duty of uberrimae fides and obligation to account; relevance of liquidation and distribution accounts, bank statements, company documents and sale agreements; Master’s report not a substitute for discovery from a litigant.
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26 July 2022 |
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The applicant failed to prove valid acceptance of the permanent offer; leave to appeal denied under s17 'would differ' standard.
Employment law — contract formation — offer and acceptance — fixed‑term to permanent transition; requirement of written acceptance and proper delivery (annexure D6); post‑lapse indulgence and discretionary payments do not necessarily create contract; evaluation of evidence per Stellenbosch Farmers' Winery; leave to appeal threshold raised by s 17 Superior Courts Act — applicant must show another court would differ (Mont Chevaux).
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26 July 2022 |
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An unrepresented accused must be properly advised of counsel and adequately questioned under s112 or conviction will be set aside.
Criminal procedure – unrepresented accused – duty to explain right to legal representation and legal aid; Section 112(1)(b) – adequacy of questioning and requirement to cover essential elements; Section 113 – entering plea of not guilty when accused’s answers suggest defence; Contempt/contravention of protection order – necessity to prove unlawfulness and mens rea; Proof and service of protection orders; Delay in review and bail considerations.
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26 July 2022 |
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Accused convicted of robbery, three murders and firearm possession based on eyewitness ID and ballistic links; conspiracy and attempted murder failed.
* Criminal law – identification evidence – need for caution; assessing credibility and contemporaneous reporting.
* Ballistics and chain of custody – firearm recovered from accused ballistically linked to cartridges at crime scene and earlier escape incident.
* Unlawful possession of firearm – proven where firearm found on accused and linked to killings.
* Conspiracy and premeditation – insufficient evidence; conspiracy merges with proved robbery and therefore falls away.
* Attempted murder – conviction not supported where no evidence shots were fired at alleged victim.
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19 July 2022 |
| June 2022 |
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Applicant failed to prove unlawful dispossession; he consented to police search and insurer’s possession lacked pleaded mala fides.
* Prescription/Delay – delay in launching spoliation claim and late joinder of insurer. * Property law – mandament van spolie – requirements of peaceful possession and unlawful deprivation. * Criminal Procedure Act s 22 – consent to search and seizure; lawfulness of seizure without warrant where consent or reasonable grounds exist. * National Road Traffic Act – provision on tampered VIN does not automatically oust spoliation remedy. * Joinder – insurer’s possession and lack of pleaded mala fides or nexus precludes relief against it.
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21 June 2022 |
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The accused were convicted of murder and imputing witchcraft; arson not proven; section 204 witnesses found credible.
Criminal law — murder — group assault and common purpose; imputation of witchcraft — s182 Act 9 of 1983; arson — insufficient proof; section 204 witnesses and video evidence — credibility and indemnity; medico‑legal cause of death — blunt force trauma and extensive burns.
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17 June 2022 |
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Leave to appeal refused: rescission justified by procedural/affidavit defects; SIU’s appeal notice failed Rule 49(1)(b).
* Civil procedure – rescission under Rule 42 – affidavit formalities and substantial compliance – defective affidavit and premature enrolment can justify rescission.
* Civil procedure – discretion in rescission – court may exercise a discretionary power to rescind even where requirements met; must be exercised judicially (Zuma considered).
* Civil procedure – mero motu setting aside – permissible where affected parties are before the court and the validity of earlier orders is squarely in issue.
* Appeals – leave to appeal under s17(1)(a)(i) and (ii) Superior Courts Act – reasonable prospects and compelling circumstances required.
* Appeals – Rule 49(1)(b) – grounds of appeal must be clear, succinct and identify findings challenged; non‑compliance justifies dismissal of leave to appeal.
* Intervention – SIU locus standi – failure to identify errors or grounds for intervention fatal to leave to appeal.
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14 June 2022 |
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Unilateral suspension of NPO funding without due process is unlawful and must be reviewed and set aside.
* Administrative law – Section 33 Constitution – right to lawful, reasonable and procedurally fair administrative action; unilateral suspension of NPO funding; review and setting aside of administrative action.
* Non‑Profit Organisations Act s3 – state duty to promote, support and enhance capacity of NPOs; duty engaged where funding withheld.
* Constitutional rights – section 28 (best interests of the child) and section 29 (right to basic education) implicated where suspension adversely affects vulnerable beneficiaries.
* Remedies – judicial review, setting aside of unlawful suspension and order for payment of arrear subsidies and costs.
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14 June 2022 |
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Whether a traditional leader can obtain an interdict preventing unlawful occupation of disputed communal land pending land claims.
Land law; communal/disputed land – interim relief to prevent unlawful occupation pending restitution; jurisdiction of High Court versus Land Claims Court; locus standi of traditional leader to protect communal lands; Plascon‑Evans principle in motion proceedings; requirements for final interdict (clear right, apprehension of injury, no alternative remedy); costs follow the event.
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13 June 2022 |
| May 2022 |
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Respondent’s warrantless arrest lacked reasonable grounds; applicant awarded damages for unlawful arrest and detention.
Criminal procedure – Arrest without warrant (s 40(1)(b)) – Objective test of reasonable suspicion – Reliability of identification evidence – Unlawful detention after first appearance – Damages for unlawful arrest, detention and contumelia.
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31 May 2022 |
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Applicant failed to establish a clear right to justify a final interdict preventing entry or removal from the marital home.
Interdict – Final interdict requirements – clear right, apprehended injury, absence of alternative remedy; locus standi in relation to marital home; Rule Nisi – lapse not decided; costs following the event.
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17 May 2022 |
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Alleged promotion is an unfair labour practice; remedy must be sought under the LRA, not by declaratory relief.
* Labour law – unfair labour practice – promotion dispute – jurisdiction under the Labour Relations Act (s186(2)(a)); * Municipal employment – promotion and appointment prescripts; * Declaratory relief – absence of contractual cause of action and failure to prove valid promotion; * LRA remedy for LRA breach (Steenkamp principle).
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17 May 2022 |
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Condonation for late statutory notice denied where applicant had knowledge of the claim and delay was unexplained.
* Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 s3 – requirement to give written notice within six months of knowledge of facts giving rise to debt; condonation under s3(4)(b). * Knowledge of cause of action – material facts (not legal conclusions) sufficient to start the notice period. * Condonation – necessity of full explanation for entire delay, prospects of success and absence of unreasonable prejudice. * Prescription – distinct from notice requirement; non‑extinction of debt does not obviate need to show good cause.
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17 May 2022 |
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Reported
Court dismissed appeal, holding internal Framework Act processes did not bar urgent declaratory and interdictory relief.
Traditional leadership – recognition of kingship – Framework Act (ss 9, 21, 25) – whether internal customary processes must be exhausted before court relief – Oudekraal principle and administrative acts – requisites for final interdict – urgency and costs (Biowatch principle).
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6 May 2022 |
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An interim rule nisi is not suspended by appeal; respondent must comply but was not immediately found in contempt due to reliance on legal advice.
* Civil contempt – elements: order, service/knowledge, non-compliance; presumption of wilfulness and mala fides – evidentiary burden on alleged contemnor. * Superior Courts Act s 18 – distinction between a ‘decision’ (final in effect) and interim/interlocutory orders; interim rule nisi not suspended pending appeal. * Urgency – contempt proceedings generally urgent but applicants must justify truncation of rule periods. * Costs – ordinary party-and-party costs appropriate where non-compliance may have stemmed from counsel’s erroneous advice. * Citation – Minister of Justice not a necessary party to civil contempt proceedings.
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3 May 2022 |
| April 2022 |
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An employer may not withhold salary or treat a contract as terminated for unauthorised absence without notice and fair process.
Employment law – interpretation of termination clauses – clause 22(h) (unauthorised absence) does not operate as automatic termination without notice or application of HR/collective procedures; absence/leave without pay (clause 30) requires prior notice, opportunity to explain and proper accounting before salary may be withheld.
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21 April 2022 |
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Applicant unlawfully despoiled; spoliation and final interdict granted to restore possession and prevent further interference.
Property law — Mandament van spolie — Protection of possession and access as incident of possession; self-help dispossession unlawful even if arrear rent alleged; lien defence rejected absent contractual relationship; requirements for final interdict satisfied.
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21 April 2022 |
| March 2022 |
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Confession excluded as not voluntary; State evidentially deficient — all accused discharged on all counts.
Criminal procedure — admissibility of confession — section 217 CPA; constitutional rights — section 35(1) — right to remain silent and legal representation; warning statement (SAPS) — necessity for early use; voluntariness of statements; sufficiency of circumstantial evidence; section 174 discharge.
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24 March 2022 |
| February 2019 |
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Reported
Whether a magistrate’s reliance on a litigant’s attorney to rewrite a judgment breaches judicial independence and warrants review.
* Judicial misconduct – magistrate allowing litigant's attorney to rewrite reserved judgment – abdication of judicial function.
* Constitutional principle – judicial independence and impartiality (s165) and right to fair hearing (s34).
* Procedural fairness – delivery of reserved judgments and requirement of open court.
* Remedies – review and setting aside of judgment, de novo trial, referral to Legal Practice Council, punitive costs.
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14 February 2019 |
| October 2015 |
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High Court extended bail pending Constitutional Court appeal, finding inherent jurisdiction and arguable constitutional grounds (trial delay).
Criminal procedure; bail pending appeal — inherent jurisdiction of High Court to grant or extend bail where no appeal yet pending in Constitutional Court; functus officio not a bar where further appeal and constitutional grounds remain to be considered; section 321(1)(b) of Criminal Procedure Act does not oust inherent jurisdiction; unreasonable delay in prosecution as viable constitutional ground; assessment of flight risk and conditions of bail.
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16 October 2015 |
| September 2015 |
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Knowledge of material facts, not of a legal remedy, triggers prescription; plaintiff’s unlawful arrest claim prescribed.
Prescription – Prescription Act 68 of 1969 s 12(3) – requirement of knowledge of debtor and material facts, not knowledge of legal remedy – unlawful arrest and detention claim prescribed.
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23 September 2015 |
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Whether a magistrate has jurisdiction under s 28(1)(d) depends on the material facts (facta probanda) constituting the cause of action.
Magistrates’ Court jurisdiction – s 28(1)(d) – "cause of action arose wholly within the district" – meaning of facta probanda vs facta probantia – place of offer/acceptance, lodging and repudiation of insurance claim determine jurisdiction.
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15 September 2015 |
| October 2014 |
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Confession and pointing out reliably confirmed; convictions and life sentences for murder and housebreaking upheld.
Criminal law – Confession and pointing out – Admissibility and reliability – Section 209 CPA confirmation – Corrected recording errors and uninitialled amendments not fatal – Credibility assessment of accused’s evidence – Sentencing – Malgas guidelines – Life sentences appropriate where killing to prevent testimony and victims vulnerable.
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30 October 2014 |
| February 2014 |
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Reported
The respondent’s summary judgment was set aside because the magistrate improperly condoned Rule non‑compliance.
Magistrates’ Court Rules — Rule 6(6) — failure to annex written contract — deemed irregular step under Rule 6(13); Rule 60/60A — scope — no general power of condonation to dispense with form or substance of rules; Summary judgment — Rule 14(1) — limited to specified categories; Affidavit in support — Rule 14(2) — ‘‘verify’’ means to swear positively to facts verifying cause and amount; Procedural fairness — irregularity to be remedied under Rules 60/60A, not condoned absent express rule or s54 conference.
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27 February 2014 |
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Reported
Court found provincial education authorities breached learners' right to basic education by failing to provide required school furniture and ordered prompt delivery.
* Education law – right to basic education (section 29(1)(a)) – immediately realisable right – provision of necessary resources including age and grade appropriate furniture.
* Compliance with court orders – audit, verification and delivery plan – non-compliance of provincial education authorities.
* Budgetary constraints – not a blanket defence to immediate obligations under section 29(1)(a).
* Judicial remedies – supervisory jurisdiction; mandatory orders with fixed timeframes; conditional extension mechanism; costs order including two counsel.
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20 February 2014 |
| January 2014 |
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Reported
Applicant failed to establish valid withdrawal or urgency; successor’s conditional recognition upheld and application dismissed with costs.
* Traditional leaders – Recognition and removal – Eastern Cape Traditional Leadership and Governance Act 4 of 2005 – Sections 18, 20 and 21 – identification, recognition, regency and removal. * Procedural law – Review of administrative decision – validity of royal-family withdrawal and requirement for proper customary process. * Acting/regent – cessation of acting role when identified successor attains majority. * Interdict – availability of statutory remedies and absence of irreparable harm. * Citizenship/residency – impact on eligibility under section 6(3) and conditional recognition.
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30 January 2014 |
| October 2013 |
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Reported
A sale by a co‑owner can be contractually valid though transfer requires co‑owner cooperation; cancellation without contractual notice is invalid.
Property law; sale of res aliena – seller not sole owner; Alienation of Land Act s2(1) – formalities concern agents’ written authority not substantive ownership; Matrimonial Property Act s15(2) applies during marriage not post‑divorce; co‑ownership after divorce requires co‑operation for transfer; prior personal right gives claim to specific performance but equitable discretion and bona fide subsequent purchasers affect relief.
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10 October 2013 |
| September 2013 |
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Two notices of intention to defend by State Attorney and correspondent are not per se irregular; prejudice must be shown to set them aside.
Civil procedure – Rule 19 and Rule 30(1) – State Attorney may employ correspondent – filing of two notices of intention to defend by State Attorney and correspondent not per se irregular – prejudice required to set aside procedural step – pending Rule 30(1) application suspends further pleadings.
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26 September 2013 |
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"Institute action" in a time-limited order is satisfied by issuing summons, not by effecting service.
* Civil procedure – interpretation of court orders – meaning of "institute action" – issue of summons constitutes institution of action, not service; * Where language is clear, order must be construed from its terms; extrinsic evidence only if ambiguity; * Authorities considered: Labuschagne, Mati, Himmelsein, Msomi.
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26 September 2013 |
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Failure to inform and record arrestee's constitutional rights rendered an otherwise contested arrest unlawful.
Criminal procedure — Arrest — s40(1)(a) Criminal Procedure Act; Road traffic offence — s12 National Road Traffic Act; Standing Order G341 — duty to inform arrestee of constitutional rights and to record same; non-compliance with procedural safeguards may render arrest unlawful; assessment of credibility and duration of detention.
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6 September 2013 |
| August 2013 |
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Urgent interdict dismissed: applicants lacked locus and entitlement; punitive de bonis propriis attorney-and-client costs ordered.
Procedure – Urgent applications – duty of attorneys to enroll and prepare indexed papers; Company law – deregistration extinguishes company’s legal personality and locus standi; Interim relief – requirements for interdict (clear or prima facie right, reasonable apprehension of irreparable injury) not established; Rule 14 inapplicable to deregistered companies; Costs – de bonis propriis and punitive attorney-and-client costs justified where litigation is misleading, frivolous or negligently conducted.
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29 August 2013 |
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Court granted urgent interim relief: sale lapsed, lease terminated, and tenants ordered to pay rent to the owner pending finalisation.
Urgency — Rule 6(12) — assessment of founding affidavit and inherent probabilities; Contract — suspensive condition — sale agreement rendered null by non‑fulfilment and absence of written extension; Lease — month‑to‑month tenancy terminated by notice — unlawful occupation; Subleases — a sub‑lessee cannot acquire greater rights than a lessee — relief to regularise rent payments; Pleadings — authority to depose may be proved in replying affidavit.
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7 August 2013 |
| March 2013 |
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Plaintiff’s claim prescribed because prescription began when he learned of the CCMA ruling; correspondence did not interrupt prescription.
Prescription — when prescription begins to run; creditor must have minimum facts to institute action (Truter v Deysel principles); interruption of prescription by acknowledgment (s 14) requires express or tacit admission; correspondence not amounting to written admission does not interrupt prescription.
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7 March 2013 |
| September 2011 |
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A public‑sector dismissal governed by the LRA and collective agreements is a labour matter, not administrative action under PAJA, and is dismissed.}
* Labour law – public-sector dismissal – whether termination of employment by an organ of state constitutes administrative action under s 33/PAJA – held not to be administrative where governed by LRA and collective agreements. * Jurisdiction – collective bargaining agreement (GPSSBC) dispute-resolution procedures require referral for conciliation/arbitration; High Court review under PAJA inappropriate. * Procedural irregularities in disciplinary hearings are labour matters to be pursued via LRA mechanisms, not PAJA review.
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23 September 2011 |
| August 2011 |
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Sale and transfers of property forming part of a joint estate, made without the spouse's consent, are voidable and set aside.
* Matrimonial property – marriage in community of property – property acquired during marriage forms part of joint estate – alienation requires written consent of non-contracting spouse (Matrimonial Property Act s15(2)).
* Deeds and transfers – third parties must take reasonable steps to ascertain marital status and consent before registering transfers.
* Invalid transactions – sales and transfers effected without required consent are wrongful, irregular and may be set aside.
* Marriage law – Transkei Marriage Act inapplicable to marriage solemnised in 1999 outside former Transkei; universal community of property applies.
* Costs and conduct – poor record-keeping and abuse of process by legal representatives may attract adverse costs consequences.
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18 August 2011 |
| April 2011 |
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Mere foresight and membership of a group do not suffice for common‑purpose murder; active association or prior agreement required.
Criminal law – Common purpose – Distinction between liability based on prior agreement and liability based on active association – Requirements in absence of prior agreement per S v Mgedezi/S v Safatsa – Constitutional approval in S v Thebus – Limited continuing application of S v Nzo’s broader foresight-based approach; mere foresight insufficient without active association.
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28 April 2011 |
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Temporary disability grants lapse by law; non-notification does not entitle continued payment or review.
Social assistance — disability grants — temporary grants lapse by operation of law under reg 28(1)(d) and are not termination decisions reviewable under PAJA; failure to notify under reg 13(3)(d) does not of itself create a substantive legitimate expectation of continued payment; distinguishing Mdodisa/Joni and Mpofu; Plascon‑Evans rule and Rule 6(5)(g) application.
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7 April 2011 |
| March 2011 |
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A public body’s unexplained silence to a PAIA request does not bar court relief; punitive costs awarded for obstructive conduct.
* Promotion of Access to Information Act – internal remedies and section 27 (deemed refusal) – whether requester must exhaust internal appeal before litigation.* Constitutional right of access to information – obligations of public bodies to respond transparently and without undue delay.* Administrative law – courts’ role when public authorities fail to engage or communicate decisions.* Costs – punitive attorney-and-client costs where public body’s conduct is unconscionable.
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18 March 2011 |