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Citation
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Judgment date
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| December 2022 |
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An urgent interdict was granted preventing the Treasury from withholding a municipality's equitable share pending review.
Local government funding – equitable share – s214 Constitution and Division of Revenue Act – withholding of allocations; Interdict – requirements for interlocutory interdict; Urgency – condonation of non‑compliance with filing rules; Intergovernmental Relations Framework Act – s40 dispute invoked, no requirement to exhaust further s41 procedures before court; Review – rationality and lawfulness of administrative decision to withhold funds; Costs against state respondents including two counsel.
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30 December 2022 |
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Condonation refused and arbitration award upheld: arbitrator acted within powers and no gross irregularity proven.
Arbitration — Review of award — s 33(1) Arbitration Act — allegation of arbitrator exceeding powers or gross irregularity — misconduct threshold. Condonation — interests of justice — extent and cause of delay, prospects of success. Construction contracts — JBCC PBA — clause 26 (assessment/notice/determination) — submissions v evidence.
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13 December 2022 |
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Executor successfully obtained urgent mandament van spolie; PIE inapplicable because respondents did not occupy the property as their home.
Property law – mandament van spolie – requirements: prior peaceful possession and unlawful dispossession; restoration of possession. Urgency – spoliation proceedings as a speedy remedy; applicant’s prompt action and respondents’ acquiescence. Locus standi – executor’s authority to vindicate estate assets and sue on behalf of the estate. PIE – applicability limited to occupiers’ homes; PIE not engaged where occupiers do not use property as their home. Defence of abandonment – requires intention to abandon; mere absence or untidiness insufficient.
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13 December 2022 |
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Payment by a medical scheme does not absolve the Road Accident Fund from compensating admitted past medical expenses.
Road Accident Fund – past medical expenses – payments made by medical scheme – whether such payments must be deducted from RAF compensation – collateral benefits and double compensation – insurance nature of medical schemes – statutory interpretation of s18 RAF Act – subrogation/reimbursement rights of medical schemes.
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1 December 2022 |
| November 2022 |
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Leave to appeal granted where another court may reasonably find differently on scope of duty of care and expert evidence.
Civil procedure – Application for leave to appeal – s 17(1)(a)(i) Superior Courts Act – reasonable prospects of success required, not certainty. Delict – Duty of care – scope of duty where defendant admits legal duty – effect on wrongfulness enquiry and negligence proof. Evidence – Expert conveyancer evidence – admissibility and weight where duty scope contested.
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22 November 2022 |
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Rescission refused — quantum properly determined on actuarial evidence; applicant failed to justify default.
Civil procedure – rescission of judgment – rule 42(1)(a) – whether order erroneously sought or granted in defendant's absence. Pleadings – rule 22(3) – distinction between admission and non-admission; non-admission may operate as denial where defendant lacks knowledge. Evidence – quantum of patrimonial loss – actuarial evidence may suffice; viva voce evidence of claimant not always required. Common law rescission – requirements: reasonable explanation for default, bona fides, and prima facie defence with prospects of success.
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15 November 2022 |
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Final interdict refused: applicant failed to show clear right and respondent raised a plausible truth/public‑interest defence.
Civil procedure – urgent applications – compliance with urgency rules and requirement to disclose material facts. Defamation – interlocutory/final interdicts restraining publication – Plascon‑Evans approach; need to show clear right and absence of viable defence (truth/public interest/fair comment). Harassment/extortion/compounding – distinction between lawful pressure to enforce a bona fide claim and unlawful extortion/compounding; requirements not established on papers. Corporate v personal reputation – communications directed at a company’s CEO are not automatically attributable to the company for interdict purposes. Remedies – final restraining orders against publication are granted infrequently; damages often adequate remedy.
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8 November 2022 |
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Court compelled further particulars and Rule 35 discovery for loss-of-rental claim, limiting scope to two years.
Civil procedure – Rule 21 further particulars – party entitled to particulars that are reasonably necessary to prepare for trial; court has discretion to grant relief where opposing party fails to give cogent reasons for refusal. Civil procedure – Rule 35(3) discovery – relevance test: documents which may directly or indirectly advance applicant’s case or damage adversary’s case (Compagnie Financiere/Brett LJ; Swissborough). "Fishing expedition" objection insufficient without demonstration of irrelevance or undue burden. Temporal scope of disclosure – excessive periods may be limited; two years either side of incident held reasonable. Failure to comply – leave granted to approach court on same papers for dismissal; costs follow result.
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1 November 2022 |
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Failure to provide sufficiently specific reasons and documents vitiated a s71 director removal; court reinstated the applicant.
Companies Act s71 — removal of director; statutory safeguards: notice, copy of proposed resolution and reasons with sufficient specificity; entitlement to particulars and documents; scope of s71(5) review — wide/full reconsideration; procedural fairness and remedial relief (reinstatement and record amendment).
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1 November 2022 |
| October 2022 |
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High Court refuses piecemeal intervention; fraud and forgery charges found sufficiently particular, mandamus refused.
Criminal procedure – review in medias res – High Court intervention in unterminated magistrates’ court proceedings is exceptional and reserved for gross irregularity or grave injustice. Right to a fair trial – accused must be informed of charge with sufficient detail (s35(3)(a) Constitution; s84 CPA). Particularity of charges – a charge sheet read with preamble and further particulars must set out essential elements; unknown particulars may be so stated under s84(2). Forgery/fraud – where the charge sheet unambiguously alleges personal liability, the prosecution’s present inability to identify the actual forger does not necessarily render the charge defective. Mandamus – not appropriate absent demonstration of irremediable prejudice or necessity for immediate intervention.
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31 October 2022 |
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The insurer was not bound by its initial repudiation reasons and could require specialist confirmation before paying the impairment claim.
Insurance law; Policyholder Protection Rules – timing and applicability of PPR 17.6.3; fair treatment (PPR 1.4(f)) does not preclude insurer requesting further reasonable evidence; insurer entitled to require specialist confirmation of treating-doctor reports; repudiation reasons not frozen where rules post-date decision; requirement to cooperate with independent medical assessment.
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31 October 2022 |
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Applicant awarded maintenance and half of accrual via respondent’s pension; respondent ordered to pay child and spousal maintenance.
Family law – divorce – accrual claim – payment from pension interest – division of accrual via Massmart Provident Fund; Spousal maintenance – assessment of existing and prospective means, earning capacity and duration; Child maintenance – monthly contribution, medical scheme retention and payment of scholastic expenses; Consideration of historic bonuses when assessing prospective means.
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18 October 2022 |
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Facts that existed earlier but were inaccessible can be "new facts" permitting a renewed bail application; matter remitted for rehearing.
Bail on new facts — definition of "new facts" — facts or evidence existing previously but unavailable may be "new" where circumstances change; Schedule 6 offences — section 60(11)(a) exceptional circumstances; procedure on re-opening bail application and remittal to magistrate.
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4 October 2022 |
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Medical scheme payments do not extinguish the defendant’s obligation; subrogation/undertaking preserve the plaintiff’s claim.
Road Accident Fund — past medical expenses — effect of medical scheme payments — reimbursement undertaking and subrogation — scheme’s election to sue member or defendant — subrogation as procedural device — plaintiff may sue in own name where defendant not prejudiced.
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4 October 2022 |
| September 2022 |
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Municipality liable for injuries from an uncovered storm-water drain; plaintiff found contributory negligent and awarded 90% of damages.
Municipal liability – duty to maintain and secure storm-water drains; omissions and wrongfulness; foreseeability and reasonable steps to prevent harm; single-witness evidence and assessment on probabilities; contributory negligence and apportionment of damages.
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27 September 2022 |
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An organ of state’s procurement decision is administrative action and remains effective until judicially set aside, precluding damages claims.
Administrative law – procurement by organ of state – procurement decision as administrative action – unlawful administrative act remains effective until set aside – plaintiff required to seek review (PAJA/principle of legality) before claiming damages – special pleas upheld.
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27 September 2022 |
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The applicant (executrix) obtained spoliation relief and mandamus compelling transfer after a valid but unregistered 2003 sale.
Property law – mandamentum van spolie – requirements: peaceful possession and unlawful dispossession established.* Succession/estates – executrix entitled to vindicate estate property and seek transfer despite unregistered transfer.* Specific performance/mandamus – compelling parties to sign transfer documents to effect registration into estate.* Contract law – validity of sale where purchase price largely paid but transfer not registered; absence of written variation or lawful cancellation.* Procedure – joinder and Rule 6(9) Master report not required; alleged disputes of fact did not preclude determination on affidavits.
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16 September 2022 |
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Leave to appeal refused: urgency rulings are not appealable and the appeal lacked reasonable prospects.
Urgency – Rule 6(12)(a) – Determination of urgency is a procedural case-management ruling and generally not appealable; Leave to appeal – s17(1) Superior Courts Act – test of reasonable prospects of success or other compelling reason; Service of process – failure to serve a party considered but not determinative; Suspension effect of leave to appeal application.
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15 September 2022 |
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A municipal manager must make basic enquiries and afford a chance to respond before treating a party’s expulsion as creating a vacancy.
Local government — proportional-representation councillors — s 27(c) MSA — effect of party notification of termination of membership — municipal manager and IEC must apply mind and make basic enquiries before declaring vacancy; administrative action reviewable; urgency and interlocutory variation where meeting adjourned.
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15 September 2022 |
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The plaintiff must pay wasted costs for a late postponement caused by an overseas witness's untimely unavailability.
Civil procedure — postponement of trial — wasted costs — party responsible for postponement ordinarily liable — virtual testimony requests — force majeure/COVID-19 — court's discretion to award costs.
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13 September 2022 |
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Application for leave to appeal dismissed; no reasonable prospects or compelling reasons on joinder, pleading and contractor liability issues.
Civil procedure — Leave to appeal — section 17 Superior Courts Act — reasonable prospects of success required for leave; Joinder — non-joinder and misjoinder — necessity requires direct and substantial legal interest; Pleadings — use of "and/or" acceptable when read in ordinary grammatical meaning and clarified by particulars; Delict — liability for harm despite appointment of independent contractor — Chartaprops principle requires more than mere appointment; Appellate discretion — no compelling reason to hear appeal where issues turn on facts and established authority.
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8 September 2022 |
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Court deviated from prescribed minimum sentences due to substantial and compelling circumstances, imposing lengthy determinate terms.
Criminal law – Sentencing – Application of prescribed minimum sentences (s 51 Act 105 of 1997) – Whether substantial and compelling circumstances exist to justify deviation – Consideration of age, pre-trial detention, first-offender status, role in offence and prospects of rehabilitation; Criminal law – Common purpose liability – conviction for murder of fellow perpetrator killed by police during exchange of fire; Robbery with aggravating circumstances – planning, use of firearms and public danger during pursuit.
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7 September 2022 |
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Applicant failed to show good cause for condonation: evidence not placed before court, rights were signed for, and delay was unexplained.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s3(4) – condonation – "good cause" and prospects of success requirement. Leave to appeal – whether appeal has reasonable prospect of success. Evidentiary requirement – failure to place statements/docket before court. Arrest procedure – signing of notice of rights and effect on contention that constitutional rights were not read. Procedural delay – requirement to explain discrete six‑month periods for condonation.
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6 September 2022 |
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Hospital staff negligently failed to sedate, titrate and monitor a patient with delirium tremens, causing his fatal fall.
Medical negligence – failure to titrate sedative medication and inadequate monitoring of delirium tremens – expert opinion preference where founded on common‑cause hospital records – but‑for causation of hospital fall and death.
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1 September 2022 |
| August 2022 |
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Applicant’s urgent s18 relief granted to implement transfer order pending appeal; cancellation of intermediary agreement effective 1 September 2021.
Insurance law — intermediary agreements and Master Policy — cancellation and effect on members; Superior Courts Act s18 — exceptional circumstances, irreparable harm and prospects of success; statutory change to definition of ‘group’ under Insurance Act — effect on transfer of book; non‑joinder — necessity of joining individual policyholders for provisional implementation of order.
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30 August 2022 |
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Court rescinded interlocutory separation order because confidentiality, misappropriation and damages issues were too intertwined to be tried separately.
Interlocutory procedure – separation order under Uniform Rule 33(4) – court may revisit/rescind interlocutory orders; convenience of severance – issues of confidentiality, misappropriation and unlawful use so interrelated that separate determination impractical; evidentiary and credibility overlap; costs of rescission to be costs in the action.
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30 August 2022 |
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Whether the particulars disclose a cause of action or are vague and embarrassing, and whether the claim is contract or delict.
Civil procedure – Exception to particulars – whether particulars disclose cause of action – vagueness and embarrassment – duty to plead material contractual terms and elements of delict. Contract v delict – relationship indicated a contract of services; claims must be pleaded in alternative and material terms and breach identified. Delict – wrongfulness and legal duty must be pleaded where pure economic loss is claimed; statutory inspection obligations and basis for liability must be pleaded.
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16 August 2022 |
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The plaintiff’s unchallenged evidence established a slip on a wet court floor; defendants’ mere appointment of a contractor did not discharge their duty, so both are jointly liable.
Premises liability – duty to keep premises reasonably safe – appointment of independent contractor does not absolve principal where reasonable steps to guard against foreseeable danger were not taken – application of Langley Fox test to slip-and-fall on wet floor – non-joinder/misjoinder of contractor insufficient to defeat plaintiff’s claim.
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12 August 2022 |
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Court enforces JBCC adjudicator’s monetary determinations, rejecting respondent’s set-off and impossibility defences and ordering payment.
Construction law – JBCC adjudication – enforceability of adjudicator’s determinations pending arbitration; set-off requires liquidated debts; specific performance of adjudicator’s monetary awards; role of termination finding in withholding payments.
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10 August 2022 |
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Political/contract appointee terminated for misconduct; MOA governed termination, collective agreement inapplicable, application dismissed with costs.
Administrative law – authority of municipal representatives and Rule 7 challenges to deponents/attorneys; Urgency – financial prejudice and non‑self‑created urgency can justify urgent relief; Employment law – distinction between political/contract appointments and permanent municipal employees; applicability of Collective Agreement and municipal Codes; Contract law – enforcement and cure of notice defects under a Memorandum of Agreement; Misconduct – threatening/aggressive conduct by a political appointee can justify summary termination under contract provisions.
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5 August 2022 |
| July 2022 |
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Both applications dismissed as neither party established locus standi; each party to pay their own costs.
Civil procedure – locus standi – enforcement of restraint of trade agreements – standing of a party to an agreement – costs where both applications dismissed for lack of standing.
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26 July 2022 |
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Provisional winding-up refused because the company bona fide and reasonably disputed the alleged debt and share ownership.
Company law – provisional winding-up – inability to pay debts – winding-up inappropriate where debt is bona fide and reasonably disputed (Badenhorst; Kalil) – suspensive condition in share sale agreement – locus standi – set-off and prescription – just and equitable considerations.
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26 July 2022 |
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The respondent's contractual termination of the applicant's accounts for reputational risk is not reviewable under PAJA.
Banking law – termination of bank accounts – private contractual termination – not administrative action – PAJA inapplicable. Contract law – implied/tacit terms – good faith and audi alteram partem arguments; remedy for wrongful termination is contractual, not review. Judicial review – limits on review of private-party contractual cancellations; bona fide commercial decisions to protect reputation ordinarily not reviewable. Interim interdict – requirement of prima facie right and prospects of success; absence of same defeats interim relief.
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19 July 2022 |
| June 2022 |
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Applicants failed to prove confidentiality or urgency; interim restraint would unduly restrict respondents' freedom to trade.
Interim interdicts – prerequisites: prima facie right, apprehension of irreparable harm, balance of convenience, no adequate remedy. Confidential information – must be useful, not public, and of economic value; client lists and standardised pricing may not be confidential. Employee mobility – absent reasonable restraint, ex-employee may canvass former clients; information memorised is not per se protected. Freedom of trade – interim restraints that effectively prevent trade may be contrary to public policy.
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28 June 2022 |
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Leave to appeal refused; applicant failed to show reasonable prospects on factual negligence and causation issues.
Medical negligence; birth injury – factual causation – fundal pressure alleged; evidentiary weight of caput and episiotomy; resuscitation and aggravation of intrapartum hypoxic-ischaemic injury; expert evidence and reliance on medical literature; leave to appeal – reasonable prospects required under s17(1)(a)(i).
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17 June 2022 |
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Customary practices cannot shield perpetrators from criminal liability for child trafficking, forced marriage, and rape under statutory law.
Prevention and Combating of Trafficking in Persons Act – forced marriage – child trafficking – rape – customary law – cultural practices not a defence – consent by minor invalid – statutory protection of children paramount – mens rea and knowledge of unlawfulness.
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13 June 2022 |
| May 2022 |
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Persistent non-payment justified lawful termination of the lease and eviction; ADR was not invoked by the tenant.
Lease law – non-payment of rent; breach and cancellation of lease; call-up of security deposit; alternative dispute resolution clause not invoked; eviction; pacta sunt servanda; court’s discretion on period to vacate.
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31 May 2022 |
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An exception for vagueness must attack the whole cause of action; lack of particularity alone merits particulars, not exception.
Civil procedure — Exception for vagueness and embarrassment — rule 23(1) — exception must attack whole cause of action, not individual paragraphs. Pleadings — Particularity — mere lack of detail remedied by rule 18/read with rule 30 or by pleading and discovery, not by rule 23 exception. Defamation — essentials (publication, identification, extent of dissemination) must be pleaded; particulars read as a whole may be sufficient.
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26 May 2022 |
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Leave to appeal refused; applicants' speculative bid for confidential s417 inquiry papers denied and costs awarded.
Companies Act s 417 inquiry — confidentiality of inquiry materials; access to founding papers by prospective examinees; locus standi to challenge inquiry; speculative allegations of non-disclosure; balancing applicants' rights against the inquiry's purpose and liquidators' representations.
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24 May 2022 |
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Summary judgment granted where surety failed to disclose a bona fide, factually supported defence to indebtedness.
Summary judgment — suretyship — bona fide defence — undue influence allegations must be particularised — National Credit Act applicability to large agreements — suretyship clause valid if parties identifiable ex facie document; s6 General Law Amendment Act compliance.
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19 May 2022 |
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Whether virtually commissioned, electronically signed affidavits satisfy Regulation 3(1) and may be admitted as substantially complying.
Commissions of oaths – meaning of 'in the presence of' – physical proximity required; Electronic Communications and Transactions Act – recognition of electronic signatures and data messages; Regulations governing oaths are directory – doctrine of substantial compliance; judicial restraint – policy and territoriality questions for legislature or Minister; admission of virtually commissioned affidavits in interests of justice where purposes of regulation met.
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5 May 2022 |
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Supermarket liable where employees failed to detect and clean foreseeable flour spillage causing shopper’s fall.
Delict — Occupier’s/retailer’s duty to keep premises reasonably safe for shoppers; obligation to discover and remove spillages promptly. Wrongfulness of omission — legal duty to act positively where it is reasonable to expect preventive measures. Negligence — foreseeability and reasonable steps (Kruger v Coetzee test) applied to supermarket spillages. Evidence — CCTV and witness concessions support inference of spillage from unpacked flour sacks. Contributory negligence — raised but not pursued; no apportionment on the evidence.
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5 May 2022 |
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Arrest and detention held unlawful where officer lacked reasonable suspicion of a Schedule 1 offence and failed to investigate available exculpatory information.
Arrest without warrant; s40(1)(b) Criminal Procedure Act 51 of 1977; Schedule 1 offences; reasonable suspicion; obligation to consider information reasonably available (including exculpatory explanations); duty to investigate where reasonable; unlawful arrest and detention; damages and costs.
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3 May 2022 |
| April 2022 |
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Municipal consultant appointment breached SCM rules; payments were irregular expenditure recoverable from officials under s32 MFMA.
Municipal procurement – breach of SCM policy and MFMA – appointment without competitive process – payments constituted irregular expenditure recoverable under s32(1)(c) MFMA; Accounting officer and senior officials’ liability for irregular expenditure; Common‑law duties of employees to employer – liability for negligent or intentional breaches; Delay plea and constitutional challenge ineffective where not pleaded and where s32 recovery not time‑barred.
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26 April 2022 |
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26 April 2022 |
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Executive Mayor’s summary dismissal of a s56 senior manager was unlawful; dismissal set aside and costs awarded on a punitive scale.
Municipal law – Local Government: Municipal Systems Act s 56 – senior managers – authority to discipline and dismiss vested in municipal council; Disciplinary Regulations for Senior Managers governing process. Administrative law – principle of legality – summary dismissal without statutory process unlawful. Delegation – doubtful that executive mayor may exercise council’s disciplinary powers; cannot be delegated to authorize unlawful acts. Urgency – court may grant urgent relief where conduct is manifestly unlawful and prejudicial. Costs – egregious unlawful conduct may attract punitive costs, but personal costs require a finding of mala fides.
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12 April 2022 |
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A municipality cannot sue its own council; interim relief refused for lack of prima facie right and irreparable harm.
Local government — legal personality and standing — municipality acts through municipal council; procedural law — interim interdict — requirements: prima facie right and irreparable harm; municipal procedure — quorum and lawfulness of council meetings; joinder issues; alternative remedy — s 59 Systems Act review by council.
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5 April 2022 |