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

4 judgments
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4 judgments
Citation
Judgment date
June 2024
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.
28 June 2024
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.
25 June 2024
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.
25 June 2024
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.
11 June 2024