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Citation
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Judgment date
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| June 2023 |
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Credible single-witness identification, corroborated by ballistics and CCTV, supports convictions for gang-related murders and possession offences.
Criminal law – single-witness identification and corroboration; common purpose doctrine – participation and mens rea; POCA – gang membership and acts in furtherance of gang activity; admissibility and validity of search and seizure; circumstantial and ballistic evidence – inferential reasoning (R v Blom).
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30 June 2023 |
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A pending action disputing the same procurement transactions bars a concurrent review; review stayed against the First Respondent.
Administrative law; review of procurement decisions; collateral challenge to contract validity; lis alibi pendens (stay of review where same dispute pending); discretion to stay proceedings; delay and acquiescence in review applications.
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15 June 2023 |
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Interim interdict preserves mayoral executive pending review where MEC proceeded despite a prima facie IRFA intergovernmental dispute.
Local government — structures — MEC’s amendment of municipal executive system from mayoral to collective — interlocutory striking out of affidavits where co-respondents seek applicant’s relief without joinder — joinder of supporting respondent — interim interdict pending review where IRFA dispute-resolution not followed — separation of powers considerations in interim relief.
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15 June 2023 |
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Partial rescission of a consent order raises triable issues; it cannot be defeated by a special plea asserting the deed remains binding.
Family law; settlement agreement incorporated as court order – effect of novation by operation of law; rescission of parts of consent order under Rule 49(8); enforceability of court orders until set aside; procedural competence of special plea to decide triable issues (fraud/inducement).
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13 June 2023 |
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Applicant failed to prove an oral contract with respondent; agent contracted for a separate finance/support entity rather than respondent.
Contract — oral agreement — animus contrahendi — agent’s intention to contract for principal or for separate finance entity — proof on a balance of probabilities; payments made by subsidiary/finance unit (SBFS/RIDA) not proof of defendant liability.
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13 June 2023 |
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Court suspended pilot‑licence suspension pending review, exempting applicant from internal appeal as committee was non‑operational.
Civil aviation — suspension of pilot's licence — urgency — exemption from exhausting internal remedies under s 7(2)(c) PAJA where appeal committee non‑operational — requirement to consider all relevant factors in administrative decision‑making (including 'likelihood' in risk assessment) — procedural fairness — interim interdict test applied; suspension of implementation pending review.
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6 June 2023 |
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An applicant suing a carrier for damaged goods need not allege employees acted within the scope of their employment.
Contract of carriage – carrier as depositary/bailee for reward – duty to exercise reasonable care and liability for loss unless carrier proves absence of culpa. Pleadings – in actions for damaged goods under a contract of carriage, plaintiff need only allege contract, implied term to deliver undamaged, breach and particulars of damage. Scope of employment – not required to be pleaded where carrier liability arises by operation of law. Exception – conflation of contract and delict and failure to plead scope of employment are insufficient grounds where carriage law applies.
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6 June 2023 |