|
Citation
|
Judgment date
|
| December 2014 |
|
|
Oral sex with a third party constitutes adultery; plaintiff proved adultery and suffered loss of consortium and iniuria.
Adultery — definition — whether voluntary oral sex with a third party constitutes adultery; loss of consortium; actio iniuriarum; evidentiary credibility; equality considerations.
|
17 December 2014 |
|
Court accepted a handwritten note as a codicil under s2(3) Wills Act and ordered estate to pay costs on attorney-and-client scale.
Wills Act s2(3) — acceptance of non-compliant document as will or amendment; codicil principles. Testamentary intention — admissibility of evidence to establish intention to make a will or codicil. Multiple contemporaneous testamentary documents — reconciliation rule; if irreconcilable and same date, both may be invalid. Testamentary capacity — intoxication considered but not ultimately pursued as ground of invalidity. Costs — special costs orders in estate litigation; ordering costs from estate on attorney-and-client scale.
|
11 December 2014 |
| October 2014 |
|
|
Applicant entitled to return of movable items and engagement ring; respondent failed to prove donations and par delictum did not bar recovery.
Property law – donation versus retention of ownership – onus to prove donation; Family law – engagement ring as an impliedly conditional gift; Contract/morals – effect of contra bonis mores and in pari delicto on recovery of conditional gifts; Civil procedure – jurisdictional note on magistrate’s court where value below R100,000.
|
8 October 2014 |
| September 2014 |
|
|
The plaintiff failed to prove the defendants acted wrongfully or negligently; absolution from the instance granted.
Delict — wrongfulness and negligence distinct; prima facie test for absolution at close of plaintiff’s case (Claude Neon); municipal duty to provide reasonable security for public access to facilities; adequacy of perimeter fencing and temporary repairs as factor in foreseeability and wrongfulness; assessment of credibility and possible collusion in evidentiary determination.
|
4 September 2014 |
|
Reported
Whether the correctional medical practitioner’s refusal to recommend the applicant for medical parole was reviewable under PAJA.
Correctional Services Act s79 – medical parole requirements; s79(2)(b) – written medical recommendation prerequisite; PAJA – review for arbitrariness, irrelevant consideration or bad faith; standard of review for technical/medical administrative decisions; motion proceedings – acceptance of respondent’s version on material factual disputes.
|
4 September 2014 |
| August 2014 |
|
|
Applicant failed to show jurisdiction or a prima facie reckless-credit cause of action; application dismissed with costs de bonis propriis.
Class actions – Certification requirements – Children’s Resource Centre Trust v Pioneer Food – identifiable class; cause of action raising triable issue; common issues; suitable representative. Jurisdiction – Superior Courts Act s 21(1) – corporate residence and causes arising within court’s area; declaratory jurisdiction limited. Prima facie case – evidential threshold for certification; allegations of fact required, not conjecture. National Credit Act – allegations of reckless credit under ss 80 and 83; unsupported by evidence. Costs – adverse costs including costs de bonis propriis where litigation instigated and promoted by instructing attorneys.
|
21 August 2014 |
|
A final, binding expert/arbitral determination under a settlement agreement precludes re‑litigation except on narrow Arbitration Act grounds.
Settlement agreement providing for final and binding expert/arbitral determinations — substitute directors’ determination equated to arbitration/expert determination — review limited to Arbitration Act s33 (misconduct, gross irregularity, excess of powers) and s33(2) six‑week time limit — failure to follow Rule 53/Arbitration Act procedure is abuse of process — courts reluctant to condone procedural non‑compliance.
|
7 August 2014 |
| July 2014 |
|
|
Reported
Prosecutorial interference with a defence witness violated the accused’s fair‑trial rights and warranted setting aside those proceedings.
Criminal procedure – Gross irregularity – Prosecutorial interference with defence alibi witness – Non‑disclosure of witness statement – Right to a fair trial (s34) – Separation of trials – Exclusion of improperly obtained State evidence.
|
17 July 2014 |
| June 2014 |
|
|
Reported
Municipality failed to ensure meaningful public participation in the budget process; budget not set aside due to MFMA s27(4).
Local government — Participatory democracy — duty to facilitate meaningful public participation under Constitution and Systems Act (ss16–18, s29) — budget process under MFMA (ss21–25) — notice-and-comment and publication obligations — reasonableness standard — scope of s27(4) MFMA (non-compliance does not ipso facto invalidate budget) — Structures Act s30(5) and s160 constitutional voting requirements — remedies and discretionary limitation of retrospective relief.
|
3 June 2014 |
| March 2014 |
|
|
Ordinary joint ownership is not a partnership; pre-existing contribution claims prescribed, and co-ownership was judicially terminated.
Property law – Co-ownership (actio communi dividundo) – Distinction between ordinary joint ownership and partnership – co-ownership does not automatically equal partnership. Prescription Act 68 of 1969 – s11(d) prescription of debts – s13(1)(d) partnership exception – application where co-owners are not partners. Relief on termination of joint ownership – valuation, sale, accounting between co-owners, distribution of net proceeds.
|
25 March 2014 |
|
Reported
Trustees recover repayments as voidable preferences; illegal pyramid scheme precludes 'ordinary course of business' defence.
Insolvency Act s29 – voidable preferences; ordinary-course-of-business test is objective and wide; illegality/pyramid-scheme activity negates ordinary-course defence; burden on recipient to prove ordinary course; s32(3)/SCA authority limits mora interest to run from judgment.
|
25 March 2014 |
|
Reported
An expired tender cannot be revived by selective post-expiry extensions; award set aside but suspension granted for fresh procurement.
Public procurement – tender validity period – expiry terminates tender process; post-expiry extensions or selective revival invalid – PAJA review of procurement decisions – mandatory compliance with supply-chain prescripts – remedy: award set aside but suspension permitted to allow fresh competitive procurement.
|
25 March 2014 |
|
Application to review revocation of school prefecture dismissed as moot and the decision found not unreasonable.
Administrative law – review of school disciplinary decision – revocation of prefecture. Mootness – whether relief is academic where applicant has left school. Reasonableness review – court will not substitute its discretion unless decision is grossly unreasonable or in bad faith. Evidence assessment – Plascon-Evans approach to contradictory affidavits. Disciplinary record – absence of formal record relevant to prejudice from sanction.
|
13 March 2014 |