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Citation
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Judgment date
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| 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 |