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Citation
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Judgment date
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| December 2023 |
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Urgent enforcement of post-contract restraints dismissed for insufficient evidence and procedural non-compliance.
Restraint of trade – enforcement of post-termination restraints – requirement to prove protectable confidential information/customer connections; Evidence – need for particularity and corroboration of alleged solicitation; Territorial limits of restraints – conduct outside defined territory not automatically a breach; Procedural law – urgent application must comply with Court’s urgency rules and proper certificate of urgency; Franchisor/franchisee distinction – franchisee conduct not prima facie imputable to franchisor without evidence of collusion.
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20 December 2023 |
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Municipality liable for injuries from uncovered stormwater drain due to inadequate temporary barrier and lack of monitoring.
Municipal liability for defective public infrastructure; duty to safeguard after notice; adequacy and monitoring of temporary safety measures; negligence of public authority; contributory negligence of pedestrian.
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5 December 2023 |
| November 2023 |
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Applicant failed to prove ownership of attacking dog; actio de pauperie claim dismissed and negligence not established.
Actio de pauperie – liability founded on ownership; possession insufficient; onus on plaintiff to prove ownership; evidential weight of SPCA/impoundment forms; development of common law requires proper pleading and fair notice; negligence claim where escape caused by third party not imputed to absent owner.
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14 November 2023 |
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Whether the defendant must pay plaintiff’s trial-day and attendance costs where disputed dates were, on the facts, set down for trial.
Costs — entitlement to trial-day and counsel fees — whether matter was set down for trial or stood down for settlement — attendance fees for appearances before Deputy Judge President — factual inquiry into court file and orders.
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1 November 2023 |
| 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 |
| September 2023 |
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Court holds settlement order recorded consent to consolidation; purported cancellation unlawful and separate levies prohibited.
• Civil procedure – interpretation of settlement agreement made an order of court – Endumeni and Eke principles applied. • Property/land use – consent to consolidation versus municipal subdivision/rezoning approvals. • Enforcement of settlement orders – res judicata effect; cancellation held unlawful. • Non-joinder – municipal non-joinder not fatal where relief concerns contractual consent and levy treatment.
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26 September 2023 |
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Court appointed confidential child psychologist and empowered parenting coordinator to protect children’s interests amid acrimonious divorce.
Family law – Rule 43 – Appointment of child psychologist to address children’s emotional welfare; confidentiality of therapeutic findings; appointment of parenting coordinator/mediator with power to issue binding directives pendente lite; refusal to order compulsory psychological evaluation of a parent; costs and procedural propriety in urgent children’s applications.
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26 September 2023 |
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Pleadings read pragmatically supported a fraud/theft cause of action against second and third defendants; exceptions dismissed.
Civil procedure – exception to particulars of claim – test for exception: whether on every reasonable interpretation no cause of action may be made out – pleadings to be read pragmatically; delictual liability – fraud/theft – liability of non-signatory defendants alleged through collusion, knowledge and dissipation; proprietary remedies (rei vindicatio/actio ad exhibendum) inappropriate for money deposited with bank (ownership passes to bank).
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26 September 2023 |
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An exception to delictal claims for municipal negligent omissions fails where pleaded facts plausibly establish a legal duty and wrongfulness.
Municipal liability – delict – pure economic loss – wrongfulness distinct from negligence – "something more" required for administrative breaches; negligent misstatement and omissions; interplay between PAJA and Aquilian liability; exception for failure to disclose cause of action.
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7 September 2023 |
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An executor/attorney who pursues unmeritorious litigation may be ordered to pay costs de bonis propriis and reported to regulators.
Executor and attorney – fiduciary duties – litigating in both capacities – de bonis propriis costs – improper, negligent or unreasonable conduct by fiduciary or practitioner – duty to consider estate resources – notification to Legal Practice Council and Master of High Court.
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5 September 2023 |
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Separate loss‑causing events (two fires) preclude joinder under the Apportionment Act and rule 13; further amendment refused.
Apportionment of Damages Act s 2(1) – 'the same damage' requires one loss‑causing event; separate fires constitute separate damage – Rule 13 joinder – allows declaratory apportionment only, not monetary claims between wrongdoers – Exception practice – repeated futile amendments may justify refusal of further leave to amend.
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5 September 2023 |
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Exception upheld: particulars failed to plead a sustainable cause of action and omitted applicable foreign law, causing vagueness and prejudice.
International contract – suspensive condition not fulfilled – contract void ab initio; Distinction between contractual restitution and unjustified enrichment (condictio indebiti); Pleading requirements for foreign law and proper law of contract; Exception for lack of cause of action and vagueness/embarrassment; Leave to amend particulars of claim.
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5 September 2023 |
| August 2023 |
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Buyer failed to prove seller knowingly concealed a latent defect; voetstoots clause upheld and claim dismissed.
Sale of goods – voetstoots clause – latent defects – seller’s liability excluded unless buyer proves seller knew of and fraudulently concealed defect; corporate knowledge – knowledge attributable only to directing mind and will, not mere clerical staff; invoices and internal processes – invoice to creditors clerk insufficient to notify or bind seller’s authorising/technical personnel; fraud distinguished from negligence; costs – difficult questions of law/fact justify higher tariff under Magistrates’ Court rule 33(8).
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22 August 2023 |
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Court convicted the accused of raping two minors, accepting a single complainant’s credible testimony and rejecting the accused’s improbable version.
Criminal law – rape – single witness (child) evidence – cautionary approach – assessment of inconsistencies and inherent probabilities – conviction on single credible witness plus supporting ‘mosaic’ evidence – no adverse inference where complainant psychotic and unable to testify.
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18 August 2023 |
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Sale of jointly owned land without a co-owner's written consent is void despite deeds registration; estoppel did not cure it.
• Alienation of Land Act s 2(1) – written signature/authority required for alienation of land; non-compliance renders transaction of no force or effect.
• Alienation of Land Act s 28(2) – statutory cure requires full performance by all parties and valid transfer; registration alone insufficient where real agreement defective.
• Transfer – abstract system: registration coupled with a valid real agreement (intention of transferor/transferee) required to pass ownership.
• Estoppel by conduct – owner rarely estopped from vindicating property; must show representation by owner, reasonable reliance and prejudice; reliance on an imposter does not found estoppel against owner.
• Remedy – setting aside of void sale and power of attorney; restitution and transfer back; costs allocation; s 28(1) monetary claims require evidentiary basis.
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17 August 2023 |
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A municipality’s belated rescission of a default judgment failed for lack of reasonable explanation and no prima facie defence.
Rescission of default judgment – common-law test (reasonable explanation and bona fide defence with prospects) ; Municipal procurement – emergency deviations under SCM policy; Validity of contracts and MFMA s116 requirements; Imputability of municipal officials’ knowledge; Admissibility of correspondence evidencing settlement and municipal conduct; Costs – punitive costs for dilatory or mala fide municipal conduct.
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17 August 2023 |
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NDPP failed to prove respondent entities held "realisable property" or received "affected gifts" from defendants; restraint discharged.
POCA — restraint orders — confirmation requires reasonable grounds for believing a confiscation order may be made; evidence must possibly support conviction and confiscation. "Realisable property" and "affected gift" — an affected gift requires that a defendant (directly or indirectly) made the gift; causal link to a charged person is essential. Statutory interpretation — term "defendant" cannot be extended to uncharged persons absent prosecution or clear statutory intention. Evidential sufficiency — transfers, valuations and assertions of payment-for-value must be supported by reliable evidence to justify restraint.
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8 August 2023 |
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Admitting and relying on hearsay in sentencing proceedings was a material misdirection, reducing an otherwise custodial sentence.
Criminal law — Sentencing — Admissibility of hearsay in aggravation — s3 Law of Evidence Amendment Act 45 of 1988 — pre-sentence reports and victim-impact evidence — impermissible reliance on hearsay vitiates sentencing exercise; Criminal law — Sentencing — Use of minimum-sentence 'yardstick' where minimums inapplicable and defence precluded from addressing such considerations — misdirection warranting appellate interference; Fraud — breach of trust by employee — seriousness and mitigation assessed.
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8 August 2023 |
| July 2023 |
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Dog owner negligent for failing to control escaping dogs which foreseeably caused a passerby to retreat, trip and be injured.
• Delict – negligence – dog owner’s duty to control pets to prevent escape and endangering passersby – foreseeability and causation.
• Factual disputes – assessment of credibility, reliability and probabilities in mutually destructive versions.
• Costs – refusal of punitive (attorney-and-client) costs despite protracted cross-examination.
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18 July 2023 |
| 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 |
| May 2023 |
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Leave to appeal refused where objective documentary evidence established the applicants' indebtedness to the respondent.
Civil procedure — leave to appeal — s17(1) Superior Courts Act — leave requires reasonable prospect of success or other compelling reason; Evidence — loan agreement, debit order, payments and account statements as conclusive objective proof of creditor-debtor relationship; Appeal — meritless challenge to identity of creditor defeated by uncontradicted documentary and conduct evidence.
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30 May 2023 |
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A disciplinary letter sent only to the plaintiff was defamatory; publication established and qualified privilege forfeited by malice, awarding R60,000 plus interest and costs.
Defamation — meaning and publication; republication and reasonable expectation — qualified privilege (duty/interest to inform) — forfeiture of privilege by malice or recklessness — damages for wounded feelings and reputational harm.
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17 May 2023 |
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Applicants declared vexatious for persistently pursuing unmeritorious litigation to revive set‑aside Public Protector remedial action.
Vexatious proceedings — application under section 2(1)(b) Vexatious Proceedings Act — requirements: persistency and absence of reasonable grounds. Abuse of process — repeated and unsuccessful attempts to revive set‑aside remedial action amounting to vexatious litigation. Practice — reliance on an earlier answering affidavit as evidential basis for related application is permissible to avoid duplication; leave to file supplementary affidavit granted. Rule 30/30A — challenge dismissed where relief is irrelevant, unsupported or beyond scope of Rule.
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16 May 2023 |
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Court interdicted consideration of invalid motions and ordered the Speaker to pay costs for ignoring rules and legal advice.
Local government — council procedure — validity of motions — municipal rules requiring motions signed, dated and submitted ten clear business days before meeting — urgency and final interdict to prevent unlawful council action — costs against Speaker for ignoring legal demand and opinion.
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12 May 2023 |
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Leave to appeal refused where rescission judgment was interlocutory and did not meet interests-of-justice appealability test.
Appealability of interlocutory orders – interests of justice test (Tswane City v Afriforum) – immediate and substantial effect; rescission of orders granting permanent residence; leave to appeal refused where no serious, immediate or irreparable harm.
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9 May 2023 |
| April 2023 |
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Court awards R6,525,683 for future loss of earning capacity, preferring expert evidence of chronic pain and employment truncation.
• Personal injury – future loss of earning capacity – proof of truncation of working life and residual earning capacity – assessment by comparison of pre- and post-morbid earning capacity.
• Expert evidence – joint minutes – weight to be accorded to agreed expert opinions; court may prefer one expert over another based on reasoning, investigation and consistency with facts.
• Application of Kerridge approach – increased contingency deduction where post-accident earning prospects are uncertain.
• Orthopaedic and psychological sequelae – chronic pain, Persistent Depressive Disorder and somatic symptom disorder as factors reducing employability.
• Costs – award of taxed party-and-party costs and setting aside of contingency fee agreement.
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25 April 2023 |
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The defendant negligently performed revisional antireflux surgery without necessary investigations or assistance, causing severe injury and damages.
Medical negligence – reoperative antireflux (redo Nissen) surgery – failure to trial conservative therapy and obtain up-to-date preoperative investigations – undertaking complex revisional laparoscopic surgery without specialist assistance – causation of massive intra‑operative haemorrhage and long‑term neurological sequelae; Expert evidence – compliance with Uniform Rule 36(9).
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25 April 2023 |
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Assessment of minor’s loss of earning capacity after severe brain injury; court prefers conservative actuarial inputs and applies 25%/35% contingencies.
Road Accident Fund – loss of earning capacity of a brain‑injured minor – actuarial computation of pre‑ and post‑morbid earnings – choice of earnings survey (Deloitte vs STATSSA) – weight of expert evidence (educational and industrial psychologists) – contingency discounts (25% pre‑morbid; 35% post‑morbid) – intervention and schooling considerations.
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16 April 2023 |
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Municipal sale of tender documents limited to printing costs and failure to post online not unlawful; rule nisi discharged.
Procurement law – municipal tender procedures – CIDB Standard permits charging tender‑document fees limited to actual printing costs and encourages online availability; failure to post online not per se unlawful; PFMA/Treasury instruments and National Treasury Guide generally do not apply to municipalities; administrative action under PAJA must still be lawful.
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6 April 2023 |
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Prospective examinees lack standing to set aside an ex parte s417/418 enquiry order; challenges are limited to subpoenas or review.
Companies Act ss417–418 — s417/s418 enquiry — ex parte order authorising enquiry — locus standi of prospective examinee — limited grounds to oppose (jurisdiction, hardship/oppression, exceptional circumstances) — subpoenas duces tecum — procedural remedies: intervention under Rule 6(4)(b) vs reconsideration under Rule 6(12)(c) — review as remedy to challenge commissioner’s ruling — costs.
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4 April 2023 |
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Causation from the collision established; unpleaded claim of intervening medical negligence rejected; defendant liable for loss of support and funeral expenses.
Delict – causation – application of "but for" test – skull base fracture from motor collision established as cause of death. Novus actus interveniens – substandard medical treatment – requirement to plead special plea; unpleaded defence cannot be raised at trial. Quantum – proof of deceased’s earnings and actuarial calculation of loss of support; no contingencies applied. Costs – successful plaintiffs awarded costs including specified expert and counsel fees and interest.
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4 April 2023 |
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Warrantless arrest without reasonable suspicion is unlawful; police liable for initial detention but not for court-ordered subsequent detention.
Criminal procedure – arrest without warrant – section 40(1)(b) – reasonable suspicion must be based on solid grounds, not mere conjecture. Unlawful arrest renders initial detention unlawful. Separation of powers – police duty to bring arrested person to court; charging and bail decisions rest with prosecutor and magistrate; police not liable for subsequent court-ordered detention absent wrongful conduct. Damages for deprivation of liberty: award for two days’ unlawful detention.
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4 April 2023 |
| March 2023 |
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Urgent relief granted: 18 October shareholders’ meeting invalid; purported director removals void ab initio; municipality’s intervention refused.
Companies Act — shareholders’ meeting — authority to convene and proper notice — meeting invalid where convening lacked authority and notice not given to all shareholders; corporate takeover — purported removal/election of directors void ab initio; urgency — abridgment of rules justified where imminent prejudice and inability to obtain adequate redress in due course; intervention — municipality lacks direct and substantial interest to intervene in private company internal dispute.
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31 March 2023 |
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Pleadings that allege ‘unlawful’ (negligent) prosecution cannot substitute for actio iniuriarum; absolution granted for failure to prima facie prove malicious prosecution.
Criminal procedure and delict – unlawful/negligent prosecution versus malicious prosecution – limits on a delictual claim by accused for ordinary negligence by prosecutors/police; absolution from the instance where no prima facie case for malicious prosecution is shown; pleadings must properly define whether reliance is on malice (actio iniuriarum) or unlawful/negligent prosecution.
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28 March 2023 |
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An urgent ex parte application to halt the transfer of estate property failed for lack of true urgency and proper notice.
Civil procedure – urgent applications – ex parte relief – requirements for urgency – proper notice – estate administration – sale of estate assets – interim interdict – self-created urgency – respect for court procedures and respondents’ rights.
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22 March 2023 |
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Applicant entitled to interdict for passing off: FIRELOGIK deceptively similar to and likely to be confused with FIRE LOGIC.
Passing off – requirement of distinctiveness/reputation; deceptive similarity of trade names (visual and phonetic) – likelihood of confusion; interdictory relief where likelihood of deception and likely loss; descriptive vs fancy names; interlocutory strike-out – unsubstantiated hearsay and costs.
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17 March 2023 |
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Exception partially upheld: cancellation claim stands; rei vindicatio defective; actio ad exhibendum need not plead mala fides.
Civil procedure — exception to particulars of claim — meaning and ambit of averments on exception; factual disputes not resolved on exception. Contract law — domicilium clause and service — nominated domicilium not necessarily peremptory; service on attorneys may suffice where notice comes to addressee's attention. Property law — rei vindicatio — claimant must allege defendant was in possession when action instituted. Delict/condictio — actio ad exhibendum — claimant need not plead mala fides as separate element; must show disposer acted with dolus or culpa and knew claimant's ownership.
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16 March 2023 |
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High Court had concurrent jurisdiction to hear constitutional-rights based interdiction arising from strike conduct; jurisdiction assessed by pleadings.
Labour law; jurisdiction — s 157 LRA — concurrent jurisdiction of High Court and Labour Court where alleged or threatened infringement of constitutional rights arising from employment; jurisdiction determined by pleadings (Gcaba/Baloyi); s 68 LRA interdicts reserved to Labour Court.
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15 March 2023 |
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"Our children" in a clear joint will includes children born out of wedlock unless the will’s context excludes them.
Wills – interpretation – joint will – "our children" includes children born out of wedlock absent contextual indication to exclude them (s 2D Wills Act); extrinsic evidence inadmissible to vary clear testamentary language; latent ambiguity and admissibility of background facts; relief for unsuccessful postponement where undertakings and court rules breached.
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14 March 2023 |
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Respondent must prove lawfulness of admitted warrantless arrest; failure to do so renders detention unlawful and damages payable.
Warrantless arrest – onus on arresting party to prove jurisdictional facts; Resolution of mutually destructive versions – application of SFW technique; Credibility findings and probabilities; Adverse inference for failure to call available witness (police van driver); Damages for unlawful arrest impairing dignity.
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14 March 2023 |