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

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7 judgments

Citation	Judgment date
September 2025
S v Whitebooi (CC04/2023) [2025] ZAECPEHC 31 (18 September 2025) (Sentence) 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.	18 September 2025
Van Heerden and Another v Van Tonder (2439/2023) [2025] ZAECPEHC 32 (16 September 2025) 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.	16 September 2025
S v Van Vuuren (CC 12/2025) [2025] ZAECPEHC 30 (12 September 2025) (Sentence) 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.	12 September 2025
S v Van Vuuren (CC12/2025) [2025] ZAECPEHC 29 (9 September 2025) 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.	9 September 2025
M A v A A (3913/2024) [2025] ZAECPEHC 28 (4 September 2025) 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.	4 September 2025
Metropolitan Life v Makasi NO (4439/2024) [2025] ZAECPEHC 26 (2 September 2025) 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.	2 September 2025
S H v M L H (775/2025) [2025] ZAECPEHC 27 (2 September 2025) 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.	2 September 2025