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Citation
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Judgment date
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| 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 |