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Citation
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Judgment date
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| October 2023 |
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Accused entitled to sections B and C of the docket where prima facie relevance shown and no objective risk to justice proved.
Criminal procedure – disclosure of police docket – access to sections B and C – Shabalala/K ing principles; prima facie relevance; balancing fair‑trial right to adduce and challenge evidence against State’s claim of privilege and risk to proper ends of justice; Panayiotou two‑leg test applied.
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20 October 2023 |
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Section 163 permits a director or shareholder in a deadlock to obtain a court-ordered buy-out at fair value.
Companies law – Section 163 Companies Act – oppression/unfair prejudice remedy – available to director/shareholder in management/voting deadlock; court-ordered buy-out at fair value; open offer may cure prejudice only if demonstrably fair; section 162 delinquency not established on these facts; valuer appointment and powers; declaration of unauthorised transactions.
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12 October 2023 |
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A suspended sentence’s terms must be clear; ambiguity requires setting aside and substituting a precise sentencing order.
Sentencing — Suspended sentence — Formulation must be clear and precise; ambiguity as to whether part of fine is suspended invalidates sentence wording — Review under s304(4) Criminal Procedure Act appropriate to correct unclear sentence.
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6 October 2023 |
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Mandament van spolie granted restoring church possession; counter‑spoliation failed as repossession was not instanter.
Property/spoliation – mandament van spolie established where applicant peaceably possessed and was unlawfully dispossessed; counter‑spoliation defence requires repossession instanter and fails where repossession occurred days later; final interdict appropriate where prior court order creates clear right and reasonable apprehension of injury; judicial restraint against entanglement in internal religious governance; costs partly awarded (50%).
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3 October 2023 |
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The court reviewed the Master's appointment of an evidence leader for a liquidator's enquiry, emphasizing procedural rationality.
Company law—Section 381 enquiry—Appointment of evidence leader—Master's administrative actions—Judicial review and locus standi.
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3 October 2023 |