High Court of South Africa Eastern Cape, Port Elizabeth - 2024 March

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10 judgments

Citation	Judgment date
March 2024
J S N v T H N (2229/2017) [2024] ZAECPEHC 84 (26 March 2024) The court found that the parties' marriage was valid under customary law, not affected by civil marriage intentions. Family law – Customary marriage – Validity of marriage under Recognition of Customary Marriages Act – Requirement of mutual consent.	26 March 2024
Caga and Others v Transnet Soc Ltd and Another (1257/2021) [2024] ZAECPEHC 25 (22 March 2024) Court ordered disclosure of forensic report under PAIA, finding respondent failed to prove confidentiality or private-body status. Promotion of Access to Information Act – application for forensic report – whether record excluded by s7 where related proceedings concluded; Public v private body – whether State-owned company acted as public or private body when commissioning internal forensic report; PAIA thresholds – s11 (public body) v s50 (private body) and onus on requester; Grounds of refusal – mandatory breach-of-confidence exemption (s37/s65) requires evidentiary proof beyond mere confidentiality clause; Section 80(1) – judicial peek discretionary and unnecessary where holder fails to discharge onus.	22 March 2024
C R v T N ; In re: T N v C R (4327/2016) [2024] ZAECPEHC 22 (19 March 2024) High Court appointed an independent curator ad litem and postponed parental-rights application pending best-interest reports. Children’s Act – appointment of curator ad litem – investigation of best interests – Family Advocate to assist and report – overlap with Children’s Court appointment – postponement sine die; parties granted leave to supplement affidavits.	19 March 2024
Louw v Carter and Others (1890/2021) [2024] ZAECPEHC 21 (19 March 2024) Applicant failed to exhaust PAJA internal remedies and did not bring a timely review; application dismissed with costs. Administrative law; PAJA s7(1)–(2) — duty to exhaust internal remedies; leave to appeal under FAIS; unreasonable delay and condonation; no exceptional circumstances for exemption; review and execution challenged but dismissed.	19 March 2024
Mandela Bay Development Agency and Others v Nelson Mandela Bay Municipality (3619/2023) [2024] ZAECPEHC 24 (19 March 2024) Board not lawfully removed; court orders immediate payment under Service Delivery Agreement and confirms directors’ locus standi. Municipal entities – removal of directors; interplay between Systems Act s 93G and Companies Act s 71; contractual default under Service Delivery Agreement; arbitration clause and court jurisdiction; joinder and necessary parties; urgency and locus standi.	19 March 2024
Mpuntshe v Road Accident Fund (3202/2021) [2024] ZAECPEHC 23 (18 March 2024) Court awarded damages for past and future income loss after accepting expert evidence and applying contingency deductions including reduced life expectancy. Road Accident Fund – catastrophic amputation – assessment of past loss of income and future loss of earning capacity; reliance on admitted expert reports and actuarial certificate; pre-morbid earnings as basis for actuarial calculation; contingency deductions including diminished life expectancy; separation of past medical expenses (Rule 33(4)); costs including two counsel.	18 March 2024
S v Wentzel and Another (CC 23/2021) [2024] ZAECPEHC 19 (7 March 2024) Accused convicted of murder, attempted murder and firearm possession; POCA and certain counts not proven. Criminal law – identification evidence and proof beyond reasonable doubt; alibi disclosed late – probative weight and adverse inferences; common purpose liability where co‑accused present, armed and associated with conduct; POCA ss 9(1)(a) and 9(2)(a) require subjective intent to promote a pattern of gang activity; duplication of firearm possession counts and failure of s220 admissions to establish a count.	7 March 2024
S v Wentzel and Another (CC 23/2021) [2024] ZAECPEHC 44 (7 March 2024) Credible identification and rejected alibis supported convictions for murder, attempted murder and firearm offences; POCA charges not proven. Criminal law – identification evidence – factors: lighting, proximity, prior knowledge, corroboration, inspection in loco, and identification parade Alibi – late-raised alibi may be rejected if unsupported, inconsistent or contradicted; weighs on credibility. Common purpose – presence, awareness, intent/foresight and active association can attract liability for co-accused. POCA (ss 9(1)(a), 9(2)(a)) – requires proof of subjective intention to promote or contribute to a pattern of gang criminality Duplication – continuous possession may render separate counts duplicative	7 March 2024
Moyo v Road Accident Fund and Another (3719/2020) [2024] ZAECPEHC 18 (5 March 2024) Applicant misdirected remedy: must execute consent money judgment against the RAF; no basis to order personal relief against branch manager. Civil procedure — execution of money judgment — consent judgment binding; remedy is execution not personal interdicts against officials; statutory body (RAF) liable under judgment — no personal liability without pleaded delegation of payment authority; Road Accident Fund Act s 17(4)(a) undertaking; post-judgment administrative inquiries criticised.	5 March 2024
Papu v Government Employees Pension Fund (3676/2021) [2024] ZAECPEHC 20 (5 March 2024) Respondent’s failure to investigate contradictory records rendered its pension-calculation decision unlawful, unreasonable and procedurally unfair. Administrative law – PAJA – procedural fairness – duty to investigate and reconcile employer records before determining pension benefits. Pension law – Government Employees Pension Fund – reliance on employer-submitted form Z102 – obligation to ensure correct pensionable service dates. Judicial review – failure to correct records that materially affect vested pension rights constitutes unlawful and unreasonable administrative action Costs – attorney-and-client costs awarded where respondent’s defences consistently disfavoured by prior decisions in the division	5 March 2024