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Citation
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Judgment date
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| December 2024 |
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Whether substantial and compelling circumstances justify deviation from prescribed minimum sentences for violent robberies and a murder.
Sentencing — Criminal Law Amendment Act prescribed minimum sentences — substantial and compelling circumstances — application of S v Malgas and S v Vilakazi — Zinn triad — robbery with aggravating circumstances and murder during robbery (life sentence) — unlawful possession of firearm and ammunition — s103(1) Firearms Control Act (unfitness to possess).
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19 December 2024 |
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Provisional sentence refused because the acknowledgement of debt was vague and not a liquid document.
Provisional sentence – liquid document – acknowledgment of debt must disclose an unconditional, ascertainable indebtedness; Contract interpretation – offer and counter-offer determine acceptance and jurisdiction; Vagueness/uncertainty – instalment mechanisms and set-off provisions may render an acknowledgement non-liquid; National Credit Act – applicability determined by asset and turnover thresholds.
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10 December 2024 |
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A Road Accident Fund claim becomes legally valid if the Fund fails to object within s24(5)’s 60‑day period.
• Road Accident Fund Act s 24(5) – timeous objection: failure to object within 60 days renders claim valid in law.
• Administrative instruments – Board Notice 271 of 2022 and prescribed RAF1 – declared unlawful; Fund cannot rely on them.
• Procedural consequence – late objection raised in amended plea is ineffective to defeat deemed validity.
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10 December 2024 |
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High Court refused interlocutory review: charge particulars and state disclosure were sufficient; issues are matters for trial.
Criminal procedure – review of unterminated proceedings – exceptional interference only for gross irregularity or grave injustice not remedyable on appeal. Criminal Procedure Act ss 84, 87 – essentials of a charge and requests for further particulars – sufficiency to inform accused and avoid trial by ambush. Common purpose and jurisdiction – factual issues for evidence, not necessarily for further pleading. Disclosure – provision of docket and witness statements may render further pleading unnecessary. Superior Courts Act s 22 grounds for review (absence of jurisdiction, bias, gross irregularity, evidentiary errors).
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5 December 2024 |
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Applicants failed to prove urgency or protectable customer connections; restraint unenforceable and application dismissed.
Employment law – Restraint of trade and confidentiality – urgency under rule 6(12) – onus to establish protectable customer connections or risk of misuse of confidential information – enforcement requires detailed factual foundation about personal customer relationships, frequency/duration of contacts and demonstrable risk of prejudice.
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3 December 2024 |
| November 2024 |
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Defendant’s wilful non‑compliance with an order to provide trial particulars warranted coercive relief and adverse costs.
Rule 21(4) – enforcement of request for trial particulars; contumacious non‑compliance and sanctions; court discretion to strike out defence or craft coercive orders; interplay with Rule 30A; double‑barrelled claims and prescription issues (Rademeyer).
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29 November 2024 |
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Applicants need not give reasons for removing directors; board must convene meeting after receiving drafted resolutions.
Companies Act s61(3) – shareholder demand to convene meetings; s62 and s65 notice and resolution requirements; s71 removal of directors – distinction between shareholder-initiated removals and board-initiated removals; directors not entitled to pre-meeting reasons for shareholder-initiated removal; interpretation of memorandum of incorporation; urgency under Rule 6(12) and section 61(12).
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28 November 2024 |
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Court ruled unlawful arrest and detention and awarded damages for lack of reasonable suspicion and procedural integrity.
Criminal Law—Arrest without warrant—Reasonable suspicion assessed—Lawfulness of arrest and further detention—Possible malicious prosecution.
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28 November 2024 |
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Contempt application dismissed: non-compliance not shown to be wilful and mala fide; payment plan ordered for assumed arrears.
Family law – enforcement of maintenance order – civil contempt – requirements: order, service, non-compliance, wilfulness and mala fides – evidential onus shifts to respondent once order, service and non-compliance proved – genuine efforts to purge arrears can defeat contempt – structured payment plan as alternative remedy.
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26 November 2024 |
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Insurer’s repudiation complied with PPRs; no duty to search prior applications; applicant’s challenge dismissed with costs.
Insurance – Long-term insurance – Policyholder Protection Rules (PPRs) – Rule 17.6.3(a) – Insurer must inform claimant in plain language of reasons for repudiation in sufficient detail. Insurance – Non-disclosure/misrepresentation – insurer entitled to avoid policy where applicant’s telephonic underwriting answers omitted material medical history. Insurance – No general duty on insurer to search prior application records or 'fossick' for earlier disclosures, particularly where different distribution channels/systems were used. Civil procedure – condonation – late filing of answering affidavit condoned where adequate explanation provided.
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19 November 2024 |
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Mother's relocation with child upheld pending further inquiry, as court prioritizes child's best interests interim.
Family law – Child custody – relocation of minor child by primary caregiver – best interests of child – interim arrangements pending Family Advocate’s report.
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19 November 2024 |
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A conditional Rule 34 tender tied to a sale and not complying with rule 34(5) cannot justify revising a costs order.
Costs — Rule 34 offers to settle — applicability where plaintiff is defendant in reconvention — peremptory compliance with Rule 34(5) — conditional tenders (payment upon sale) non-compliant — discretion to reconsider costs under Rule 34(12).
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14 November 2024 |
| October 2024 |
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Defendant liable where its insured entered an intersection against a red light; plaintiff not contributorily negligent.
Road Accident Fund claim — liability under s17(1) RAF Act — whether insured driver entered intersection against red light and failed to keep proper lookout — assessment of conflicting witness accounts and eyewitness corroboration — contributory negligence (Apportionment of Damages).
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31 October 2024 |
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A s424(1) claim must plead sufficient facts of participation, knowledge and causation; vague conclusions are excipiable.
Companies Act s424(1) – personal liability for reckless or fraudulent carrying on of company business – pleading standards – plead material facts of participation, knowledge and causation; pleadings stating conclusions (e.g. "recklessness", "misrepresentation") without supporting particulars are vague and excipiable; deficiencies should be cured by amendment, not by evidence or discovery.
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22 October 2024 |
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Rescission granted where third‑party joinder was procedurally defective and judgment was erroneously granted in absence.
Civil procedure – rescission (rule 42(1)(a)) – erroneous grant where party not procedurally entitled to judgment; Third‑party joinder (rule 13) – consortium is not a juristic person; individual members must be cited; Scope of relief under rule 13 – generally declaratory/apportionment, monetary/joint and several orders inappropriate in absence of legal basis; Default and wilful default – reasonable explanation can justify rescission; Costs – award of scale C for rescission applicant and wasted costs on scale B.
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17 October 2024 |
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A motion alleging environmental nuisance from manganese was referred to trial due to material, foreseeable disputes of fact.
Environmental law / nuisance – alleged pollution and dust from stockpiled manganese; potential health and ecological harm. Civil procedure – referral to trial under Uniform Rule 6(5)(e) and 6(5)(g) where material disputes of fact exist. Foreseeability test – whether disputes of fact were reasonably foreseeable when instituting motion proceedings. Costs – applicants ordered to pay specified respondents’ costs on scale C; experts’ qualifying fees reserved for trial.
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15 October 2024 |
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Court found First Respondent complied with disclosure order, discharged that paragraph and awarded costs against respondents.
Civil procedure – urgent application – interim rule nisi – disclosure of bank accounts and deposits – compliance with interim order. Civil procedure – condonation of late filing of answering affidavit – delay explained and condoned. Contempt – allegations not properly pleaded in answering/ replying affidavit – application for contempt must be brought on notice. Relief not sought in notice of motion – further and/or alternative relief must be pleaded and supported on the papers. Costs – respondents ordered to pay applicant’s costs (not punitive).
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8 October 2024 |
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Particulars seeking access to company‑owned property were vague, failed to disclose a cause of action, and exceptions were upheld.
Pleadings – exception under Rule 23(1) – particulars of claim vague and embarrassing – failure to disclose cause of action; Agreement partly oral/partly written – lack of particularity and inconsistent annexures; Alienation of Land Act/formalities for interests in land and executory donations; Director’s authority to bind company insufficiently pleaded; Relief vague and uncertain (unspecified beneficiaries, indeterminate periods).
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8 October 2024 |
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Judgment awards R5,243,568 (after interim payment) for loss of earnings following permanent leg injuries; actuarial Scenario 2 accepted.
• Damages – loss of earning capacity – quantification by actuarial calculation based on joint expert minutes – contingency deductions applied. • Medical evidence – joint orthopaedic, occupational therapy and industrial psychology minutes accepted on permanent impairment and restricted capacity. • Actuarial scenarios – court preference for scenario assuming nil injured future earnings where supported by evidence. • Costs – defendant liable for taxed or agreed costs including specified expert fees and two counsel where employed.
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8 October 2024 |
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Failure to plead essential contractual "milestones" rendered the particulars vague and embarrassing, requiring amendment within 15 days.
Exception – vagueness and embarrassment – high threshold; must show vagueness and serious prejudice – pleadings read holistically; Rule 18(6) – contracts must state if written or oral and annex written portion; Rule 23 v Rule 30A – distinction between vagueness striking at cause of action and mere lack of particularity; Contractual milestones – failure to plead essential terms may render pleading excipiable.
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1 October 2024 |
| September 2024 |
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Warrantless search and seizure of a correctional official’s phones without consent or National Commissioner authorisation was unlawful; spoliation granted.
Correctional Services Act s101(2) — peremptory prohibition on searching a correctional official or seizing property without consent or National Commissioner authorisation; mandament van spolie — available against state organs; public power and doctrine of legality; urgency and condonation; unlawful seizure null and void.
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19 September 2024 |
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Court postponed provisional liquidation, ordered comprehensive opposing affidavit and de bonis propriis costs against withdrawing attorney.
Company law – provisional liquidation – urgency – court found no exceptional urgency beyond alleged criminal conduct; Representation – a director who is not a legal practitioner generally may not represent a company in court except in very exceptional circumstances; Civil procedure – attorney’s withdrawal not in accordance with Rules of Court – costs de bonis propriis ordered; Procedural fairness – respondent ordered to file comprehensive opposing affidavit with specified timetable.
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18 September 2024 |
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High Court dismisses urgent parenting/contact application because extant children’s court orders and lis alibi pendens bar relief.
Family law – Urgent High Court application for primary care/contact – Effect and binding force of existing children’s court orders – Doctrine of lis alibi pendens – Necessity of family advocate’s report to determine best interests of the child – Forum shopping and obedience to court orders (s 165(5) Constitution).
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17 September 2024 |
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Court-ordered business rescue commences on the s 131 court order; ‘creditor’ may include contractual delivery rights, limiting intervention to affected persons.
Companies Act — s 131 business rescue: commencement occurs on court order placing company under supervision; application initiates process but does not itself commence proceedings; business rescue practitioner and supervisory regime operate post-order. Participation — only ‘affected persons’ (creditors, shareholders, employees) at commencement may participate; former creditors excluded. ‘Creditor’ — includes non-monetary and future/contingent contractual rights (e.g. packrights) for participation purposes. Intervention — Uniform Rule 12 and general intervention principles do not displace Act’s tailored participation regime.
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17 September 2024 |
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Court grants interim maintenance and reduced legal-costs contribution; condonation granted and voluminous pleadings criticised.
Family law – Rule 43 interlocutory relief pending divorce – condonation for late sworn reply; abuse of process and prolix pleadings; interim maintenance for minor children; payment of school fees and medical aid; refusal to order replacement vehicle; contribution to legal costs reduced as excessive; costs each party own.
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3 September 2024 |
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A monetary transfer used to buy registered property vested inter vivos, not a donatio mortis causa, so repayment claim dismissed.
Donatio mortis causa v donatio inter vivos – vesting test to determine pactum successorium; presumption in favour of inter vivos donation; testamentary formalities required for donatio mortis causa; revocation and enforceability where donation vested inter vivos.
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3 September 2024 |
| August 2024 |
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Leave to appeal was granted on whether a damages claim against attorneys was prescribed, turning on the timing of knowledge.
Prescription – commencement of prescription – professional negligence – knowledge of facts necessary for claim – interpretation of communications between attorney and client – leave to appeal – reasonable possibility another court may differ.
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29 August 2024 |
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SARS lawfully recovered pension funds via a s 179 TAA third‑party notice; PFA s 37A does not bar such recovery.
Tax law – Tax Administration Act s 179 – third‑party appointment/IT88 – pay‑now‑argue‑later enforcement of tax debts Pension funds – Pension Funds Act s 37A – interaction with later TAA provisions; implied override by later statute Constitutional law – right of access to social security (s 27) – reasonable and justifiable limitation by tax recovery measures Civil procedure – condonation for late filing – test applied and granted
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27 August 2024 |
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An interim arbitration measure does not attract statutory post-award interest where contract expressly excludes interest on adjudication amounts.
Arbitration and interest – Interim measures do not constitute awards under s29 Arbitration Act; Interest Act inapplicable absent judgment/award; Contractual no-interest clause binds adjudication amounts; Civil procedure – amendment incompetent where court order has defined issues; lis pendens and arbitration process limit court intervention.
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20 August 2024 |
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Condonation granted for late statutory notice: good cause and minimal prejudice, despite uncertain prospects.
Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 — s3(2)(a), s3(4): condonation for late statutory notice; requirements of prescription, good cause and unreasonable prejudice; assessment of prospects of success; weight of applicant’s bona fides and explanation; litigation costs by organ of state insufficient to show unreasonable prejudice.
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20 August 2024 |
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An estate representative may enforce a valid written deed of sale against a purchaser; payment must be made to the estate under estate administration rules.
• Property law – Alienation of Land Act s 2(1) – written deed of sale for land signed by parties is required and enforceable. • Succession/estate administration – letters of authority under Administration of Estates Act empower the estate representative to claim monies due to the estate and require payment into estate accounts. • Contract interpretation – peremptory written terms (entire agreement clause) bind parties; extrinsic, unattested statements cannot vary the deed. • Civil procedure – where no real dispute of fact exists, monetary claims under admitted written contracts may be pursued by motion.
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20 August 2024 |
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A plaintiff is entitled to have legal representation present during Rule 36 psychological and psychiatric assessments.
Rule 36(1) – medical examinations for damages – entitlement to legal representation at forensic psychological and psychiatric assessments; application of Goldberg; admissibility and protection of audio‑visual recordings; constitutional rights to bodily and psychological integrity; costs order including two counsel and expert costs.
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13 August 2024 |
| July 2024 |
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Bail refused due to lack of exceptional circumstances under section 60(11)(a) CPA for a serious crimes defendant.
Criminal Procedure – Bail application in serious offenses – Exceptional circumstances under section 60(11)(a) of CPA – Flight risk and obstruction of justice concerns.
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30 July 2024 |
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Execution of a primary residence refused under Rule 46A because sale would infringe the debtor's section 26(1) housing right.
Rule 46A – execution against primary residence – protection of section 26(1) right to adequate housing; factors to be weighed include primary residence status, circumstances of incurring debt, payment history, outstanding mortgage, and proportionality of prejudice; subsequent payments and debtor’s employment relevant to resisting execution.
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9 July 2024 |
| June 2024 |
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Life sentences imposed for two rapes by a parental figure; mitigating factors insufficient to establish substantial and compelling circumstances.
Criminal law – Minimum sentencing – Section 51(1) Criminal Law (Sexual Offences and Related Matters) Amendment Act – Rape of child and repeat offences attract mandatory life unless substantial and compelling circumstances established; factors: abuse of trust, victim impact, remorse, personal circumstances, proportionality.
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28 June 2024 |
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Regional Council entitled to spoliation relief after coerced dispossession; Rule Nisi confirmed and costs awarded.
Property/Spoliation — mandament van spolie — requirement of peaceful and undisturbed possession; voluntary surrender versus coerced dispossession. Locus standi — Regional Council’s authority to act for a debilitated local church under the UCCSA constitution. Procedure — condonation/filing of affidavits through registrar without leave; postponement as discretionary indulgence; refusal where tactical delay suspected. Relief — confirmation of Rule Nisi and costs on scale A.
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25 June 2024 |
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Conviction for assault with intent to do grievous bodily harm set aside; substituted with common assault and an appropriate suspended fine.
Criminal law – Assault – Distinction between common assault and assault with intent to do grievous bodily harm; requirement to prove or admit intent to do grievous bodily harm; competent verdict under s 266(a) Criminal Procedure Act; review and substitution of conviction and sentence; sentencing principles and suspension of sentence.
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25 June 2024 |
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Court set aside immigration decisions and remitted them for reconsideration; declined substitution absent exceptional circumstances.
Administrative law — PAJA s 8(1)(c)(ii) — substitution versus remittal of administrative action — ‘exceptional circumstances’, ‘foregone conclusion’, and ‘in as good a position’ tests — separation of powers and deference to administrators — immigration decisions and internal review — remittal with directions and timeframes — costs awarded to successful applicant.
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11 June 2024 |
| May 2024 |
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Court awards damages for plaintiff's blindness due to negligence in handling original claims for compensation.
Damages - determination of general damages for blindness - negligent handling of claims by law firms - award balanced against current standards and precedents.
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23 May 2024 |
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Claims against an organ of state dismissed: earlier claims prescribed and no statutory ILPACOSA notice or condonation provided.
Prescription – s 11(d) Prescription Act – delictual claims arising 5 September 2016 prescribed where summons served after three years; prescription not subject to judicial condonation. Institution of Legal Proceedings Against Certain Organs of State Act – s 3(1)–(2) notice requirement is peremptory/jurisdictional; failure to serve notice and failure to apply for condonation under s 3(4) renders proceedings unenforceable. Pleadings – replication required to meet special plea; absent replication evidence of compliance is irrelevant and inadmissible.
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16 May 2024 |
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Divorce-derived personal right to transfer precedes creditor's claim; registration required before property becomes executable.
Property law; transfer of immovable property requires registration (s16 Deeds Registries Act); deed of settlement in divorce creates a personal right to compel transfer; section 45bis endorsement; creditor's subsequent judgment cannot defeat pre-existing personal right to transfer.
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14 May 2024 |
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Review of magistrate’s protection order dismissed for lack of gross irregularity; appeal was the proper remedy.
Domestic Violence Act — protection order granted in absentia — wilful absence — review v appeal — requirement to establish gross irregularity and prejudice on review — judicial bias allegation rejected — costs: ordinary scale.
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14 May 2024 |
| April 2024 |
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The plaintiff, struck by an unidentified vehicle, proved negligence and causation; the defendant held liable for 100% of proven damages.
Road Accident Fund liability – pedestrian struck by unidentified vehicle – proof of negligence and causation at merits stage – admissibility and weight of medico‑legal evidence – amendments to particulars – failure by defendant to advance a version or prove contributory negligence – costs order including expert and inspection costs.
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30 April 2024 |
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The applicant’s arrest and detention were lawful based on reasonable suspicion from credible eyewitness identification.
Arrest without warrant — reasonable suspicion — eyewitness identification and pointing out; Exercise of discretion to arrest — objective rationality; Lawful detention pre-appearance (s39(3) CPA); Post-appearance remand — prosecutor’s duty to place fair and honest facts before court; No liability for unlawful arrest or detention where suspicion and remand are objectively justified; Costs including wasted costs.
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30 April 2024 |
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Commercial inconvenience did not establish urgency; eviction application struck from the roll with costs.
Urgency — Rule 6(12) — applicant must set out explicit circumstances showing inability to obtain substantial redress in due course; commercial prejudice may justify urgency but must be convincingly pleaded; contractual clause allowing delayed occupation (clause 3.3) negates claim of irreparable prejudice; abridgement of time must respect prejudice to respondent and other litigants.
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24 April 2024 |
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Court orders additional admiralty security for a crystallised bunker claim and upholds urgent procedure and jurisdiction.
Admiralty — increased security under s 5(2)(d) — jurisdiction where arrest and security previously granted — urgent procedure under Practice Rule 12 — prima facie claim and genuine/ reasonable need for security — security for foreign arbitration claims — quantum for top-up security.
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23 April 2024 |
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Vehicle used to transport stolen goods declared forfeited under POCA; owner failed to establish innocent-owner defence.
POCA Chapter 6 – civil forfeiture of instrumentalities – not conviction-based; focus on property’s functional role. Instrumentality – must play a reasonably direct, substantial and meaningful role in the commission of the offence (Prophet factors). Innocent/ignorant owner defence – owner must show lack of knowledge or reasonable suspicion; state bears balance of probabilities. Proportionality enquiry (Mohunram/Prophet) – weigh effects on owner against societal purposes of forfeiture.
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23 April 2024 |
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Failure to set out clear grounds and explain default renders leave-to-appeal application fatally defective; upliftment premature without Rule 27(1) compliance.
Civil procedure – leave to appeal – Rule 49(1) peremptory requirement that grounds be set out clearly and succinctly – non-compliance renders application fatally defective/nullity. Civil procedure – default and upliftment of bar – requirement to give full and reasonable explanation covering entire delay; reckless or intentional disregard of rules may defeat upliftment. Civil procedure – Rule 27(1) – agreement to uplift the bar must be sought before application; failure renders upliftment premature. Condonation – discretion to condone late filing despite lack of good cause; indulgence may attract costs against the applicant.
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17 April 2024 |
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Arrest after voluntary interview was lawful: reasonable suspicion existed, discretion properly exercised, and detention justified.
Criminal procedure – arrest without warrant – s 40(1)(b) CPA – reasonable suspicion must be objective, based on specific and articulable facts. Arresting discretion – must be bona fide, rational and non-arbitrary; seriousness of scheduled offences relevant. Detention pending first appearance – release limited where scheduled/serious offences suspected. Appeal – reluctance to disturb trial court factual findings absent misdirection; appellate inference-drawing where appropriate.
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16 April 2024 |
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Applicants who withdrew their post-set-down applications were ordered to pay wasted costs; punitive costs were refused.
Civil procedure – withdrawal after set-down (Rule 41(1)) – withdrawing litigant ordinarily liable for costs – exceptional circumstances required to deny costs – Biowatch principle inapplicable where constitutional challenge not pleaded – attorney-and-client costs reserved for clearly vexatious or reprehensible conduct.
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11 April 2024 |