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Citation
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Judgment date
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| November 2025 |
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Commercial operator’s financial interest insufficient to justify intervention or rescission where no prima facie defence to building‑regulations non‑compliance existed.
Intervention — locus standi — direct and substantial legal interest required; financial interest insufficient; intervention requires prima facie defence; building regulations — approval of plans and certificate of occupancy; rescission — common‑law grounds not established.
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18 November 2025 |
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Court deviated from 15-year minimum for attempted murder, imposing six years due to personal circumstances and lack of genuine remorse.
Criminal law – Sentencing – Attempted murder after 2022 CLAA amendment – prescribed minimum sentence triggered despite omission on indictment; substantial and compelling circumstances can justify deviation. Sentencing triad – crime, offender, society – correctional supervision versus imprisonment. Remorse – distinction between regret and genuine remorse; requirement to take court into confidence. s 204 witness – criteria for discharge after frank and honest testimony.
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7 November 2025 |
| October 2025 |
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Omission of an actuarial report did not defeat a s24 RAF claim where the plaintiff substantially complied and investigative material was provided.
Road Accident Fund Act s24 – substantial compliance with prescribed claim lodgement requirements; omission of actuarial report. Validity of Minister’s RAF1 publication and Board Notice 271 of 2022 – review and invalidity where they impermissibly prescribe additional requirements. RAF1’s purpose: to enable investigation, not to determine quantum. Prescription – special plea dismissed where substantial compliance shown.
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30 October 2025 |
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Urgent review of disciplinary hearing struck off for self-created urgency; merits not considered and costs awarded against applicant.
Urgent application — Rule 6(12) URC — requirement to show inability to obtain substantial redress in due course; self-created urgency defeats urgency. Labour/disciplinary proceedings — employer's legal representation at disciplinary hearing — interlocutory challenge; court may decline to intervene where urgency threshold not met. Costs — unsuccessful urgent application struck off roll; costs awarded to respondent including counsel on party-and-party scale.
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28 October 2025 |
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Liquidation ordered where supplier was used as vehicle to defraud applicant; no prior demand required.
Companies — winding‑up: section 344(f) (inability to pay) and section 344(h)/section 81(1)(c)(ii) (just and equitable) — creditor’s standing; demand not prerequisite to s344(f); proof on affidavits and Kalil/Afgri principles; bona fide and reasonable dispute requirement; use of company as vehicle for fraud justifies liquidation; authority of deponent in motion proceedings.
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16 October 2025 |
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Leave to appeal refused: untimely PAJA review, failure to exhaust internal remedies, writ not stale.
Administrative law – PAJA – s 7(1) time limit for review – late review and condonation; Administrative law – PAJA – requirement to exhaust internal remedies and exemption from exhaustion; Appeal – s 17 Superior Courts Act – reasonable prospects of success/compelling reasons for leave; Civil procedure – execution – Rule 66 and Prescription Act s 11(ii)(a) on duration/enforceability of writs; Costs – reserved costs and wasted costs occasioned by points in limine and amendments.
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7 October 2025 |
| September 2025 |
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Court departed from prescribed life term, imposing 20 years for murder and 4 concurrent years for assault on an older person.
Criminal law – Sentencing – Prescribed minimum sentence for murder – whether substantial and compelling circumstances justify deviation from life imprisonment. Sentencing triad – consideration of seriousness of offence, personal circumstances of offender, and interests of society. Domestic violence – aggravating factor in sentencing for murder of an intimate/family member. Older Persons Act – conviction for assault on an elderly person; concurrent sentencing.
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18 September 2025 |
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Bar uplifted where applicants showed good cause and a bona fide defence; costs awarded against applicants.
Application to uplift bar; good cause requires satisfactory explanation for default and bona fide defence; suspension of litigation by agreement may amount to condonation; prospects of success and prejudice balance relevant; costs awarded against applicants.
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16 September 2025 |
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Youth, first‑offender status and intoxication found substantial and compelling, permitting deviation from prescribed life sentence for murder.
Criminal law – Sentencing – Prescribed minimum sentences for murder and firearm possession – Whether substantial and compelling circumstances justify deviation; Youthful offender and intoxication as mitigating factors; Balancing triad of crime, offender and society; Declaration of unfitness to hold firearm licence.
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12 September 2025 |
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Eyewitness, ballistic and reconstruction evidence proved murder and firearm possession; housebreaking intent and gang-membership charges not established.
Criminal law – murder – eyewitness identification and corroboration by ballistic and reconstruction evidence – sufficiency to prove guilt beyond reasonable doubt. Unlawful possession of firearm and ammunition – ballistic linkage of cartridge cases and bullet to same semi-automatic firearm. Housebreaking with intent to murder – requirement of intent at time of entry; absence of such intent where victim already killed. Prevention of Organised Crime Act – membership element not proven; differentiation between drug post and gang.
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9 September 2025 |
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A spouse is entitled to interim maintenance and legal costs from a financially superior spouse, based on marital standards and pleadings.
Family law – Rule 43 application – Interim maintenance – Contribution to legal costs – Full financial disclosure – Standard of living during marriage – Parental maintenance obligations – Equality of arms in divorce litigation.
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4 September 2025 |
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A party may file a further affidavit where a replying affidavit raises a new basis for the relief sought, subject to fairness.
Civil procedure – interlocutory applications – further affidavits – court’s discretion – new cause of action or legal basis raised in reply – fairness and prejudice – principles for admission of further affidavits.
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2 September 2025 |
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A South African court cannot make interim care or contact orders concerning a minor child ordinarily resident abroad during divorce proceedings.
Family law – Divorce – Rule 43 applications – Jurisdiction – Doctrine of effectiveness – Children’s Act – Minor child residing abroad – Whether South African courts can make interim orders regarding care and contact where child is not locally resident – Harmonisation of Divorce Act and Children’s Act.
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2 September 2025 |
| August 2025 |
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Plaintiff’s claim for injuries caused by an uncovered municipal hole was dismissed due to unreliable evidence and failure to prove negligence.
Delict – Local authority liability – proof of causation – plaintiff’s onus to prove fall and injury resulting from municipal negligence – credibility of evidence – contradictions between pleadings, testimony, and medical records – failure to discharge onus – claim dismissed.
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28 August 2025 |
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A plaintiff's injuries sustained while working on a stationary truck were not found to arise from the driving or driver's negligence.
Road Accident Fund – Section 17 – Causation – Whether injury arose from the driving of a motor vehicle – Causal connection – Negligence of driver – Evidentiary requirements for liability.
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26 August 2025 |
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A Master's court-ordered report in trustee removal proceedings is not administrative action and is not reviewable under PAJA.
Trusts — Trustees — Removal — Master's report to court — Whether such report constitutes 'administrative action' reviewable under PAJA — Requirements for 'administrative action' — External legal effect — Costs in constitutional litigation.
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26 August 2025 |
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An appeal against refusal of bail dismissed as no exceptional circumstances were established and no material misdirection proved.
Criminal Procedure – Bail – Appeal against refusal of bail – Exceptional circumstances – Admissibility of hearsay and confessions in bail proceedings – Weighing of alibi and personal circumstances – No material misdirection by magistrate – Refusal of bail upheld.
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21 August 2025 |
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A challenge to the validity of a will on grounds of mental incapacity failed where testamentary capacity at execution was proven.
Testamentary capacity – validity of will – onus of proving incapacity – assessment of mental capacity at time of execution – non-verbal assent – Wills Act requirements – evidence of attesting witnesses.
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19 August 2025 |
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The court imposed life imprisonment for a brutal domestic violence murder, finding no compelling reasons to reduce the prescribed sentence.
Criminal law – sentencing – murder – domestic violence – prescribed minimum sentence – substantial and compelling circumstances – femicide – victim impact – retribution and deterrence – deviation from minimum sentence – no substantial and compelling circumstances found.
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7 August 2025 |
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The court convicted the accused of murder, rejecting his claim of self-defence as false and unsupported by the evidence.
Criminal law – Murder – Self-defence – Assessment of credibility and probabilities in light of objective medical and witness evidence – Application of inferential reasoning where direct evidence is absent – Rejection of accused’s version as false.
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7 August 2025 |
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A spoliation application was struck off the roll for lack of urgency due to insufficient substantiation in the founding affidavit.
Civil procedure – Urgent applications – Spoliation – Requirements for urgency – Need for applicant to set out sufficient facts to justify departure from ordinary court procedures – Rule 6(12)(b)
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4 August 2025 |
| July 2025 |
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Non-joinder of employees and creditors in urgent business rescue litigation is fatal, as their direct interests require procedural fairness.
Company law – Business rescue – Urgent interdict – Non-joinder of affected parties – Audi alteram partem – Procedural fairness – Direct and substantial interest – Consequences of failure to join.
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29 July 2025 |
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Court sets aside prison sentences for child offender and imposes correctional supervision in line with Child Justice Act principles.
Child justice – Sentencing – Sentencing of child offenders – Application of Child Justice Act principles – Correctional supervision versus imprisonment – Paramountcy of child's best interests – Non-compliance with Chapter 10 a reviewable irregularity.
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29 July 2025 |
| June 2025 |
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Self-defense justified the shooting during a burglary, but actions post-shooting led to convictions for other crimes.
Criminal law - murder - self-defense - kidnapping, attempted murder, defeating the ends of justice - credibility of a single witness.
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20 June 2025 |
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The court examined damages quantification based on expert testimony, emphasizing factual support particularly in delictual claims.
Delictual claim – Expert testimony reliance without direct plaintiff testimony – Establishing damages quantum – Assessment of maintenance, general and future medical damages against defendant liability.
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19 June 2025 |
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Trade name misuse claim dismissed due to prior agreements permitting the use and insufficient evidence of public deception.
Trade Name Infringement – Passing off – Interdict sought against unauthorized use of trade name – Reputation and likelihood of public deception considered.
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17 June 2025 |
| May 2025 |
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Court dismisses exception: interpretation of cession clause requires evidence, so claim is not excipiable.
Exception — particulars of claim — whether pleading discloses cause of action; contractual interpretation — cession agreement and clause requiring prior failure to recover; Endumeni principles — context and attendant circumstances; role of evidence — interpretation not generally resolvable on exception.
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13 May 2025 |
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Quasi‑partnership and oppressive exclusion: s 163 relief granted including access to records, repayment/credit of diverted funds and sale mechanism.
Company law – s 163 Companies Act – oppression/unfair prejudice remedy – quasi-partnership characteristics; informal management expectations; exclusion from banking and communications; diversion of business to related entity; remedy includes access to records, repayment/credit of diverted funds, and court-ordered exit mechanism; costs awarded.
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7 May 2025 |
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Defendant liable for negligent thoracic spinal surgery: grossly misplaced pedicle screws caused plaintiff's permanent paralysis.
• Medical negligence – spinal surgery – misplaced pedicle screws through spinal canal causing cord injury – negligence versus complication.
• Causation – application of the 'but‑for' test on a balance of probabilities to establish factual causation for permanent paralysis.
• Standards of care – use of biplanar (C‑arm) imaging, standard pedicle screw placement technique and immediate post‑operative neurological assessment.
• Expert evidence – joint expert minute and unchallenged neurosurgical opinion establishing negligence and causation.
• Costs – plaintiff awarded costs on scale B, including expert reservation/qualifying fees and counsel, interest from 30 days after allocatur; taxing master's role preserved for quantification.
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6 May 2025 |
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SAMSA unlawfully withdrew a longstanding ship‑to‑ship bunkering approval; the MPA did not empower unilateral revocation.
Administrative law – PAJA – review of administrative action – empowering provision required; Statutory interpretation – Marine Pollution (Control and Civil Liability) Act – no implied power to revoke long‑term approvals; Regulatory competence – SAMSA and TNPA roles in ship‑to‑ship bunkering and cargo transfers; Adequacy of reasons – requirement to provide rational, adequate reasons for adverse administrative action; Remedy – review and setting aside of unlawful withdrawal and contravention notices, reinstatement of approval, costs.
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2 May 2025 |
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Whether a principal lawfully revoked an agent’s marketing authority and whether any new marketing agreement was concluded.
Agency – revocation of authority – interpretation of exception to revocation; Endumeni approach to contractual interpretation; mandatum in rem suam – authority coupled with interest; remedy for wrongful revocation limited to damages; no specific performance where no clear right.
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2 May 2025 |
| April 2025 |
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Prosecutorial irregularities and inadequate cross‑examination produced reasonable doubt, resulting in acquittal and discharge of the accused.
Criminal law – burden of proof: state must prove guilt beyond reasonable doubt; Prosecutorial conduct – emails suggesting witnesses be persuaded, non‑disclosure and deleted complainant communications – impact on fairness; Cross‑examination – failure to properly test accused’s evidence undermines ability to reject defence; Similar‑fact evidence – limited weight where complainant communications and prosecution irregularities risk unfairness; Section 174 CPA – dismissal of counts where no evidence led; Section 186 CPA – application to call former prosecutor as witness refused; Section 317 CPA – special entries and agreed admissions concerning prosecution conduct.
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2 April 2025 |
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Leave refused where informal, unsworn requests failed to show a bona fide, prima facie meritorious claim under the Vexatious Proceedings Act.
Vexatious Proceedings Act s 2(1)(b) – leave to institute proceedings – evidential burden to show bona fide, prima facie meritorious claim; appealability of judge-in-chambers rulings; abuse of process; contractual privity — mediator’s opinions do not create third‑party rights; prescription; Rule 7 challenge to attorney’s authority; costs limited to one counsel (scale B).
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1 April 2025 |
| March 2025 |
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Court orders substitution of builder’s lien by R47,774.25 security and restoration of property upon payment, with sheriff enforcement.
Property law – Builder’s lien (ius retentionis) – possession (detentio and animus) as essential element – lien may be displaced by security. Civil procedure – mandament van spolie/possession relief – discretion to restore possession against adequate security. Evidence – where facts lie peculiarly within one party’s knowledge, bare denials insufficient to raise bona fide disputes on motion. Costs – successful applicant awarded High Court Scale B costs; no attorney-and-client costs awarded.
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20 March 2025 |
| February 2025 |
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Court finds partial performance and breach of contract for sale of springbuck within jurisdiction, awards damages.
Contract law – jurisdiction – breach of contract – sale and delivery of Springbuck – special plea of jurisdiction upheld for part of case
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18 February 2025 |
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Court grants summary judgment as defendants fail to prove bona fide defence against loan agreement enforcement.
Summary judgment - compliance with National Credit Act - section 129 notice - bona fide defence in mortgage debt recovery.
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6 February 2025 |
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Court overturns Master's decision to remove executrix due to disproportionate consequence regarding estate administration delays.
Estate Administration – Removal of executrix – Rationality of the Master's decision – Adequacy of executrix's performance in finalizing estate – Proportionate consequences of performance failures.
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4 February 2025 |
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Parental alienation led the court to award primary custody to the father and appoint a parenting coordinator.
Family law – Children's best interests – Parental alienation – Parental responsibilities – Appointment of parenting coordinator.
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3 February 2025 |