High Court of South Africa Eastern Cape, Port Elizabeth - 2025 November

2 judgments
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2 judgments
Citation
Judgment date
November 2025
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.
18 November 2025
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.
7 November 2025