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Citation
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Judgment date
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| March 2023 |
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Appellate court upheld conviction on reliable identification and possession evidence but reduced an excessive 15-year sentence to seven years.
Criminal law – identification evidence – greatest care required where conviction depends on identification – corroboration by circumstantial evidence and possession of stolen property.* Criminal law – single witness – evidence requiring caution but admissible when corroborated.* Criminal procedure – appellate review – deference to trial court factual findings unless plainly wrong.* Sentencing – appeal against sentence – interference only where material misdirection or disproportionate/shocking term – substitution of sentence where necessary.
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14 March 2023 |
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Circumstantial evidence and an admission upheld a murder conviction despite identification misdirection; sentence reduced for excessiveness.
Criminal law – circumstantial evidence – conviction on circumstantial proof and admission; Identification evidence – single-witness identification and requirement of caution and assessment of reliability; Credibility – assessment of potentially biased witness (ex-wife) and application of Dhlumayo principles; Sentencing – interference where trial court misdirects by over-emphasising aggravation, failing to account for pre-trial custody, intoxication, and cumulative effect; Substitution and antedating of sentence.
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14 March 2023 |
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Leave to appeal refused: account-closure dispute is contractual, not a reviewable administrative action; Forum not a tribunal.
Banking law — termination of banking relationship — whether decision by private bank to close accounts is reviewable or a contractual matter; application of Jockey Club cases and Bredenkamp; role of Banks Conduct Standard (reasons and notice); requirements for leave to appeal under s 17 of the Superior Courts Act.
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14 March 2023 |
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Defendant failed to establish a bona fide defence to summary judgment after pleadings admitted a latent defect and inadequately pleaded warranty defence.
Civil procedure – Summary judgment – amended rule 14(3)(b) – defendant must disclose fully the nature and grounds of a bona fide defence and material facts relied upon. Sale of goods – latent defect – seed build-up in dispensing shoot of planter; seller's residual obligation not to sell defective goods. Pleading – requirements for pleading a warranty defence and particularity where modification of goods is alleged.
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14 March 2023 |
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State failed to prove rape beyond reasonable doubt due to unreliable child evidence and neutral medical and corroborative defence evidence.
Criminal law – sexual offences – assessment of young child complainant’s evidence – material inconsistencies and suggestibility; Medical evidence – neutral/inconclusive where injuries have alternative causes; Evidence assessment – not to compartmentalise state and defence cases; Standard of proof – conviction only where guilt proven beyond reasonable doubt; Van der Meyden principle applied to determine reasonable possibility of innocence.
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13 March 2023 |
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Accused’s late remorse and personal circumstances insufficient to justify departure from minimum life sentences for two rapes of a blind elderly victim.
Criminal law – sentencing – Minimum Sentences Act s51(1) – substantial and compelling circumstances; section 112(2) plea and weight of guilty plea/remorse; vulnerable victim (physically disabled/elderly) and multiple rapes; Zinn triad sentencing analysis.
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10 March 2023 |
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A magistrate’s condonation order is challengeable on review only for conduct‑based gross irregularity, not as administrative action under PAJA.
Administrative law – PAJA – judicial functions excluded: decisions of judicial officers are not "administrative action". Superior Courts Act s22 – review of Magistrates' Court proceedings limited to absence of jurisdiction, bias, gross irregularity, and evidentiary errors. Gross irregularity – must relate to the method/conduct preventing a fair trial, not mere erroneous outcome or error of law on the merits. Procedural finality/time‑bar – challenges to the correctness of a dismissal for non‑compliance are appeal issues, not reviewable as administrative irregularity.
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2 March 2023 |
| February 2023 |
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Court confirmed sale to highest bidder after open-court Rule 46A reconsideration; property was not primary residence.
Rule 46A – reserve price reconsideration where reserve not achieved; mandatory open-court reconsideration; application of Rule 46A(9)(b) factors (market/forced-sale value, rates, occupancy, likelihood of sale); confirmation of sale to highest bidder under Rule 46A(9)(e); distinction between primary residence protection and investment property.
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28 February 2023 |
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Court removed the applicant as trustee for dereliction, struck out affidavit material and appointed new trustees to restore trust administration.
Trust law – Removal of trustees – s20(1) Trust Property Control Act – court may remove trustee in interests of trust where dysfunction or dereliction imperils trust; fiduciary duties – trustees’ duty of care and avoidance of conflicts; evidence – striking out hearsay and scandalous/vexatious affidavit material for non-disclosure of source; appointment – court’s power to appoint/substitute trustees and to appoint multiple independent trustees notwithstanding deed wording.
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21 February 2023 |
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Rescission of a consent order for municipal debt failed for lack of a common mistake and causal connection.
Rule 42(1)(c) — rescission for common mistake; municipal indebtedness and consent orders; threat to interrupt electricity supply; applicability of Resilient; causation requirement for setting aside consent judgments; finality of court orders vs. IRFA dispute resolution.
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14 February 2023 |
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Warrant valid where State Liability Act steps complied with and incorrect case number was an inconsequential clerical error.
State Liability Act (Act 20 of 1957) s3(3)–(6) – compliance required before execution; warrant of execution – clerical error in case number – bona fide, inconsequential mistake not vitiating writ; requirement of prejudice/materiality to set aside writ; locus to prosecute claim against sheriff where applicant has no interest in remaining issue.
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14 February 2023 |
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Consolidation refused: distinct issues and substantial prejudice (delay and costs) to the respondent.
Rule 11 – Consolidation of actions; convenience to court and parties; avoidance of multiplicity and costs; prejudice and delay; distinct issues of agency/settlement agreement v insurer repudiation and indemnity; different witnesses and evidence required.
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14 February 2023 |
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Minor claimant found unemployable; future loss of earning capacity awarded with 25% contingency deduction.
Road Accident Fund – quantum – future loss of earning capacity of a child pedestrian – severe orthopaedic injury, chronic pain and compromised post‑morbid intellectual functioning – expert evidence evaluation (orthopaedic, occupational, educational and industrial psychology) – actuarial valuation accepted – 25% contingency deduction applied – unemployability established.
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10 February 2023 |
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Executrix’s possessory right supports spoliation relief; ordering compelled transfer may have been premature, leave to appeal granted on that point.
Civil procedure — mandament van spolie — possessory relief available to an executrix who has detentio and animus in respect of estate property when forcibly dispossessed. Administration of Estates Act — executor’s duty and rights to take control of deceased’s property and to enforce enforceable contracts entered into by the deceased. Joinder — non‑joinder of the Master not fatal to urgent spoliation proceedings where Master’s input is unnecessary. Remedies — self‑help by alleged owners impermissible; estate and interested parties must pursue claims under the Act or in court. Competence of relief — court may have been premature in ordering compelled signature of transfer documents before estate administration steps completed.
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9 February 2023 |
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A court may refuse to enforce a termination-on-notice clause used mala fide to evade a court order.
Contract law – enforcement of termination-on-notice clauses – pacta sunt servanda not absolute – mala fide enforcement contrary to public policy – will not be enforced where used to undermine court orders; interim relief to suspend such enforcement where urgency, prima facie right and balance of convenience established.
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7 February 2023 |
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Employer’s inadequate line-specific training and supervision caused employee’s back injury; defendant held liable.
Delict — negligence: employer/occupier duty to provide adequate line-specific training and supervision for hazardous machinery; failure to train/supervise operators on SSB rear-axle line; factual and legal causation established (sine qua non and foreseeability); admissible expert occupational-therapy evidence on mechanism of injury; costs including expert fees awarded.
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6 February 2023 |
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Medical aid payments do not bar RAF liability for proven past medical expenses, particularly for a child claimant.
Road Accident Fund liability – past medical and hospital expenses – whether medical aid payments reduce RAF liability – admissions and agreed quantum determinative. Personal payment requirement – minors and dependents – payments by parent/medical aid do not preclude recovery. Interpretation of RAF Act – no statutory basis to deny compensation where expenses proven and admitted.
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1 February 2023 |
| January 2023 |
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Failure to comply with a Banks Act repayment directive is a statutory act of insolvency permitting final sequestration.
Banks Act s83(3)(b) – failure to comply with repayment directive deemed act of insolvency; sequestration proceedings not subject to Prescription Act; Deputy Registrar/Prudential Authority competent to institute proceedings; repayment directive validity and repayment administrator’s investigatory role; final sequestration ordered.
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31 January 2023 |
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Interim interdict granted to suspend a tender award where the Department’s reasons were inadequate and review likely.
• Administrative law – public procurement – adequacy of reasons for tender decisions – PAJA and transparency obligations; • Interim interdict – prima facie right, irreparable harm and balance of convenience in stay-of-implementation pending review; • Urgency and condonation for non-compliance with court rules; • Locus and standing of disappointed tenderers; • Constitutional duty of legality and openness in procurement processes.
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24 January 2023 |
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A regulation barring recording a child’s foreign or undocumented father is unconstitutional as discriminatory and contrary to children’s rights.
Constitutional law – justiciability – court may decide constitutional challenge despite late concession where issue was actively opposed and has public importance. Administrative / statutory interpretation – Regulation 12(2)(c) of the Births and Deaths Registration Regulations. Children’s rights – right to dignity and best interests – discrimination where father's immigration status conditions registration of paternity. Conflict between subordinate regulation and section 11 of Births and Deaths Registration Act and Children’s Act. Costs – adverse punitive costs where state conduct unreasonably delayed and opposed relief.
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10 January 2023 |