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Citation
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Judgment date
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| March 2024 |
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Credible identification and rejected alibis supported convictions for murder, attempted murder and firearm offences; POCA charges not proven.
Criminal law – identification evidence – factors: lighting, proximity, prior knowledge, corroboration, inspection in loco, and identification parade. Alibi – late-raised alibi may be rejected if unsupported, inconsistent or contradicted; weighs on credibility. Common purpose – presence, awareness, intent/foresight and active association can attract liability for co-accused. POCA (ss 9(1)(a), 9(2)(a)) – requires proof of subjective intention to promote or contribute to a pattern of gang criminality. Duplication – continuous possession may render separate counts duplicative.
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7 March 2024 |
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Applicant misdirected remedy: must execute consent money judgment against the RAF; no basis to order personal relief against branch manager.
Civil procedure — execution of money judgment — consent judgment binding; remedy is execution not personal interdicts against officials; statutory body (RAF) liable under judgment — no personal liability without pleaded delegation of payment authority; Road Accident Fund Act s 17(4)(a) undertaking; post-judgment administrative inquiries criticised.
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5 March 2024 |
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Respondent’s failure to investigate contradictory records rendered its pension-calculation decision unlawful, unreasonable and procedurally unfair.
Administrative law – PAJA – procedural fairness – duty to investigate and reconcile employer records before determining pension benefits. Pension law – Government Employees Pension Fund – reliance on employer-submitted form Z102 – obligation to ensure correct pensionable service dates. Judicial review – failure to correct records that materially affect vested pension rights constitutes unlawful and unreasonable administrative action. Costs – attorney-and-client costs awarded where respondent’s defences consistently disfavoured by prior decisions in the division.
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5 March 2024 |
| February 2024 |
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Section 174 discharge granted where complainant’s identification was materially unreliable, precluding reasonable conviction.
Criminal procedure – Section 174 CPA – discharge at close of State case; Identification evidence – reliability assessed by factors (lighting, prior knowledge, duration, mobility, contradictions) per S v Mthetwa; Credibility may be considered where high degree of untrustworthiness; Circumstantial evidence insufficient without reliable identification.
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29 February 2024 |
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A lawful seizure under s88(1)(c) supersedes prior detention, rendering a High Court review of detention moot and non-justiciable.
Customs law – detention under s88(1)(a) v seizure under s88(1)(c) – seizure supersedes detention and renders detention-related challenges moot; administrative law – mootness and justiciability; review – failure to decide under s93(1) rendered academic by subsequent seizure; High Court jurisdiction – no discretion to decide moot matters; legislative context – lacuna in current Act and draft Rules addressing bunkering operations.
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27 February 2024 |
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The defendant liable for plaintiff’s loss of earning capacity and medical expenses; medical aid payments attract insurer subrogation.
Road Accident Fund — assessment of loss of earning capacity — residual capacity versus unemployability; actuarial calculation and contingency reduction (25%) for future loss; past medical expenses paid by medical aid are recoverable from wrongdoer — indemnity insurance and subrogation; employer-provided medical aid membership does not permit defendant to deduct such payments from plaintiff’s claim; costs — award of costs (including two counsel) and refusal of special rule 37A order.
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27 February 2024 |
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Whether arrest, post-appearance detention and prosecution were unlawful and state actors are liable for damages.
Criminal procedure — s 40(1)(b) arrest — requirement of reasonable suspicion; unlawful arrest and detention; liability for post-appearance detention where police/prosecutor foresaw remand; malicious prosecution — prosecutorial duty, absence of reasonable and probable cause and animus iniuriandi; damages for deprivation of liberty.
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22 February 2024 |
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Respondent found in contempt for disobeying child-contact orders; 30-day suspended committal and costs awarded.
Family law – divorce settlement made an order of court – binding nature and enforceability Contempt of court – failure to comply with court orders regarding child contact – elements of contempt and appropriate sanctions Remedies – coercive committal to prison suspended on condition as enforcement mechanism Civil procedure – urgency, condonation of procedural non-compliance, and lis pendens when variation application postponed sine die Children – paramountcy of children's best interests in enforcement of contact arrangements
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20 February 2024 |
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Court awarded R10,000 monthly maintenance pendente lite and R100,000 towards applicant’s legal costs.
Family law – Interim relief in matrimonial matters (Rule 43) – maintenance pendente lite: assessment of reasonable requirements, parties’ standard of living and payer’s capacity; contribution towards legal costs – equality of arms; marriage out of community with exclusion of accrual; no children.
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20 February 2024 |
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Urgency condoned; rule nisi issued to determine alleged repudiation of lease and to restrain eviction pending accounting and litigation.
Civil procedure – urgency – condonation of non-compliance with court rules where disconnection of services threatens business and livelihoods. Lease law – alleged cancellation and repudiation of commercial lease – interim relief by rule nisi pending resolution. Evidence/disclosure – incomplete provision of contract; leave to supplement founding papers justified. Interim relief – interdiction against eviction pending accounting/debetment or litigation to determine outstanding amounts and validity of contested clauses.
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15 February 2024 |
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Applicants entitled to restitution after being fraudulently induced to transfer their home; registration did not pass valid title.
Property law; rei vindicatio — vindicatory restitution where transfer induced by fraud; deeds registry does not guarantee title obtained by fraud; vindicatory claims not subject to three‑year prescription; estoppel and innocent purchaser defences fail where transferor lacked intention to sell.
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13 February 2024 |
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Court found substantial and compelling circumstances to deviate from life sentence and imposed 20 years’ imprisonment.
Criminal law — Murder in domestic context — Statutory prescribed minimum life sentence (s 51(1) and Part 1 Schedule 2) — Substantial and compelling circumstances — Zinn triad — Intoxication and heat of the moment as mitigating factors — Single stab wound — Sentencing balance of deterrence, retribution and rehabilitation.
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9 February 2024 |
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Application for security for costs under s8 Close Corporations Act dismissed; applicant failed to prove plaintiff’s impecuniosity.
Close Corporations Act s8 — security for costs — two‑stage enquiry; onus on applicant to show reason to believe corporation cannot pay adverse costs order; broad discretionary balancing of access to courts against defendant’s potential irrecoverable costs; failure to produce financial records does not automatically permit adverse inference; existence of exigible assets and absence of prior distress defeat application.
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7 February 2024 |
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Accused convicted of murder: dolus eventualis established from admissions and post‑mortem evidence despite denial of direct intent.
Criminal law – Murder – Intention – distinction between dolus directus and dolus eventualis – accused’s s112 and s220 admissions – weight of post‑mortem and eyewitness evidence in proving subjective foresight.
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7 February 2024 |
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Applicant entitled to mandatory interdict compelling respondent to calculate/process pension benefits; declaratory relief refused; punitive costs awarded.
Administrative law – enforcement of court-ordered administrative action – mandatory (structural) interdict to compel accurate calculation and processing of pension benefits; evidence – answering affidavit excluded as hearsay without confirmatory affidavits; remedies – declaratory relief inappropriate for past default; punitive costs against state organ.
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6 February 2024 |
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Applicant entitled to return of identity document, passport and bank card where ownership shown and first respondent proved to possess them.
Property law – rei vindicatio – ownership and possession: applicant must prove ownership and that defendant was in possession when action instituted. Evidence – adverse inference: failure of an available party to testify may justify drawing an adverse inference. Interdict – final interdict for return of movable property where ownership and possession established. Costs – costs follow the result; punitive costs not warranted.
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1 February 2024 |
| January 2024 |
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Applicant failed to explain delay or disclose a bona fide defence; upliftment dismissed and costs awarded.
Civil procedure – Rule 27 – removal of bar and extension of time – applicant must provide a full, reasonable explanation for delay and disclose a bona fide defence. Failure to plead within prescribed time and unexplained delay may amount to reckless or intentional disregard of court rules. An exception pro non scripto and unsupported verbal assertions do not substitute for a plea or affidavit disclosing defence. Prejudice by delay includes denial of a speedy adjudication (section 34 values). Mala fide applications intended to delay are liable to be dismissed with costs.
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30 January 2024 |
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Default judgment and execution against primary residence dismissed for non‑compliance with Rule 46A personal‑service and premature executability claim.
Uniform Rules – Rule 46 and Rule 46A – execution against primary residence; requirement of prior monetary judgment/return against movable property; Rule 46A(3)(d) personal service imperative; constitutional rights to housing and children's welfare; non-compliance nullity; default judgment dismissed.
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30 January 2024 |
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A party cannot be compelled to produce a close corporation’s financial records without joining the corporation as a necessary party.
Civil procedure — Rule 35(3) discovery — Documents of a close corporation distinct from its members — Joinder — Necessary party where direct and substantial interest — Court entitled to raise non-joinder mero motu.
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30 January 2024 |
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MPA construed as not requiring signed orders; estoppel validated agent’s authority; vendor’s sale to third party barred specific performance, plaintiff refunded.
Contract – Master purchase agreement (MPA) – interpretation in commercial context; writing as memorandum of proof not prerequisite to validity; agency and estoppel by silence; formation of individual sale agreements by correspondence and conduct; repudiation and election (specific performance vs. acceptance); vendor’s withholding of delivery under clause 5.3; sale of contracted goods to third party disabling specific performance; remedy – repayment and interest; dismissal of reconvention.
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30 January 2024 |
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Applicant lacked locus standi and failed to prove forgery; application dismissed and referred for investigation into applicant’s conduct.
Wills — Alleged forgery and disqualification of witness-beneficiary (s 2(1)(a) and s 4A Wills Act) — Locus standi of non‑beneficiary applicant — Motion proceedings: Plascon‑Evans rule and when oral evidence should be directed (rule 6(5)(g)) — Procedural conduct of attorney and referral to Legal Practice Council.
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25 January 2024 |
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Court refused to admit a late replying affidavit without condonation but allowed a late amendment in the interests of justice, costs each party.
Civil procedure – Amendment of pleadings – application to introduce special plea late – Rule 27 condonation requirements – replying affidavit not accepted absent formal condonation – discretion to allow amendment exercised in interests of justice where no irremediable prejudice shown.
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23 January 2024 |
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Whether equivocal advice on 28 November 2007 gave the plaintiff sufficient knowledge to start prescription, or only on 10 December 2007.
Prescription Act s 12(3) – accrual of knowledge for commencement of prescription; equivocal statements by attorney do not necessarily impart sufficient facts to start prescription; need for clear factual knowledge to found delictual claim against attorney; interruption of prescription by service of summons.
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23 January 2024 |
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A legal malpractice claim against attorneys is not prescribed where the plaintiff only acquired relevant knowledge after counsel's confirmation.
Prescription – commencement – knowledge of facts giving rise to claim – professional negligence – attorney’s duty – when cause of action arises under Prescription Act s 12(3).
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23 January 2024 |
| December 2023 |
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Urgent enforcement of post-contract restraints dismissed for insufficient evidence and procedural non-compliance.
Restraint of trade – enforcement of post-termination restraints – requirement to prove protectable confidential information/customer connections; Evidence – need for particularity and corroboration of alleged solicitation; Territorial limits of restraints – conduct outside defined territory not automatically a breach; Procedural law – urgent application must comply with Court’s urgency rules and proper certificate of urgency; Franchisor/franchisee distinction – franchisee conduct not prima facie imputable to franchisor without evidence of collusion.
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20 December 2023 |
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Municipality liable for injuries from uncovered stormwater drain due to inadequate temporary barrier and lack of monitoring.
Municipal liability for defective public infrastructure; duty to safeguard after notice; adequacy and monitoring of temporary safety measures; negligence of public authority; contributory negligence of pedestrian.
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5 December 2023 |
| November 2023 |
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Applicant failed to prove ownership of attacking dog; actio de pauperie claim dismissed and negligence not established.
Actio de pauperie – liability founded on ownership; possession insufficient; onus on plaintiff to prove ownership; evidential weight of SPCA/impoundment forms; development of common law requires proper pleading and fair notice; negligence claim where escape caused by third party not imputed to absent owner.
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14 November 2023 |
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Whether the defendant must pay plaintiff’s trial-day and attendance costs where disputed dates were, on the facts, set down for trial.
Costs — entitlement to trial-day and counsel fees — whether matter was set down for trial or stood down for settlement — attendance fees for appearances before Deputy Judge President — factual inquiry into court file and orders.
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1 November 2023 |
| October 2023 |
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Accused entitled to sections B and C of the docket where prima facie relevance shown and no objective risk to justice proved.
Criminal procedure – disclosure of police docket – access to sections B and C – Shabalala/K ing principles; prima facie relevance; balancing fair‑trial right to adduce and challenge evidence against State’s claim of privilege and risk to proper ends of justice; Panayiotou two‑leg test applied.
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20 October 2023 |
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Section 163 permits a director or shareholder in a deadlock to obtain a court-ordered buy-out at fair value.
Companies law – Section 163 Companies Act – oppression/unfair prejudice remedy – available to director/shareholder in management/voting deadlock; court-ordered buy-out at fair value; open offer may cure prejudice only if demonstrably fair; section 162 delinquency not established on these facts; valuer appointment and powers; declaration of unauthorised transactions.
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12 October 2023 |
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A suspended sentence’s terms must be clear; ambiguity requires setting aside and substituting a precise sentencing order.
Sentencing — Suspended sentence — Formulation must be clear and precise; ambiguity as to whether part of fine is suspended invalidates sentence wording — Review under s304(4) Criminal Procedure Act appropriate to correct unclear sentence.
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6 October 2023 |
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Mandament van spolie granted restoring church possession; counter‑spoliation failed as repossession was not instanter.
Property/spoliation – mandament van spolie established where applicant peaceably possessed and was unlawfully dispossessed; counter‑spoliation defence requires repossession instanter and fails where repossession occurred days later; final interdict appropriate where prior court order creates clear right and reasonable apprehension of injury; judicial restraint against entanglement in internal religious governance; costs partly awarded (50%).
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3 October 2023 |
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The court reviewed the Master's appointment of an evidence leader for a liquidator's enquiry, emphasizing procedural rationality.
Company law—Section 381 enquiry—Appointment of evidence leader—Master's administrative actions—Judicial review and locus standi.
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3 October 2023 |
| September 2023 |
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Court holds settlement order recorded consent to consolidation; purported cancellation unlawful and separate levies prohibited.
• Civil procedure – interpretation of settlement agreement made an order of court – Endumeni and Eke principles applied. • Property/land use – consent to consolidation versus municipal subdivision/rezoning approvals. • Enforcement of settlement orders – res judicata effect; cancellation held unlawful. • Non-joinder – municipal non-joinder not fatal where relief concerns contractual consent and levy treatment.
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26 September 2023 |
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Court appointed confidential child psychologist and empowered parenting coordinator to protect children’s interests amid acrimonious divorce.
Family law – Rule 43 – Appointment of child psychologist to address children’s emotional welfare; confidentiality of therapeutic findings; appointment of parenting coordinator/mediator with power to issue binding directives pendente lite; refusal to order compulsory psychological evaluation of a parent; costs and procedural propriety in urgent children’s applications.
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26 September 2023 |
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Pleadings read pragmatically supported a fraud/theft cause of action against second and third defendants; exceptions dismissed.
Civil procedure – exception to particulars of claim – test for exception: whether on every reasonable interpretation no cause of action may be made out – pleadings to be read pragmatically; delictual liability – fraud/theft – liability of non-signatory defendants alleged through collusion, knowledge and dissipation; proprietary remedies (rei vindicatio/actio ad exhibendum) inappropriate for money deposited with bank (ownership passes to bank).
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26 September 2023 |
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An exception to delictal claims for municipal negligent omissions fails where pleaded facts plausibly establish a legal duty and wrongfulness.
Municipal liability – delict – pure economic loss – wrongfulness distinct from negligence – "something more" required for administrative breaches; negligent misstatement and omissions; interplay between PAJA and Aquilian liability; exception for failure to disclose cause of action.
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7 September 2023 |
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An executor/attorney who pursues unmeritorious litigation may be ordered to pay costs de bonis propriis and reported to regulators.
Executor and attorney – fiduciary duties – litigating in both capacities – de bonis propriis costs – improper, negligent or unreasonable conduct by fiduciary or practitioner – duty to consider estate resources – notification to Legal Practice Council and Master of High Court.
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5 September 2023 |
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Separate loss‑causing events (two fires) preclude joinder under the Apportionment Act and rule 13; further amendment refused.
Apportionment of Damages Act s 2(1) – 'the same damage' requires one loss‑causing event; separate fires constitute separate damage – Rule 13 joinder – allows declaratory apportionment only, not monetary claims between wrongdoers – Exception practice – repeated futile amendments may justify refusal of further leave to amend.
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5 September 2023 |
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Exception upheld: particulars failed to plead a sustainable cause of action and omitted applicable foreign law, causing vagueness and prejudice.
International contract – suspensive condition not fulfilled – contract void ab initio; Distinction between contractual restitution and unjustified enrichment (condictio indebiti); Pleading requirements for foreign law and proper law of contract; Exception for lack of cause of action and vagueness/embarrassment; Leave to amend particulars of claim.
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5 September 2023 |
| August 2023 |
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Buyer failed to prove seller knowingly concealed a latent defect; voetstoots clause upheld and claim dismissed.
Sale of goods – voetstoots clause – latent defects – seller’s liability excluded unless buyer proves seller knew of and fraudulently concealed defect; corporate knowledge – knowledge attributable only to directing mind and will, not mere clerical staff; invoices and internal processes – invoice to creditors clerk insufficient to notify or bind seller’s authorising/technical personnel; fraud distinguished from negligence; costs – difficult questions of law/fact justify higher tariff under Magistrates’ Court rule 33(8).
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22 August 2023 |
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Court convicted the accused of raping two minors, accepting a single complainant’s credible testimony and rejecting the accused’s improbable version.
Criminal law – rape – single witness (child) evidence – cautionary approach – assessment of inconsistencies and inherent probabilities – conviction on single credible witness plus supporting ‘mosaic’ evidence – no adverse inference where complainant psychotic and unable to testify.
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18 August 2023 |
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Sale of jointly owned land without a co-owner's written consent is void despite deeds registration; estoppel did not cure it.
• Alienation of Land Act s 2(1) – written signature/authority required for alienation of land; non-compliance renders transaction of no force or effect.
• Alienation of Land Act s 28(2) – statutory cure requires full performance by all parties and valid transfer; registration alone insufficient where real agreement defective.
• Transfer – abstract system: registration coupled with a valid real agreement (intention of transferor/transferee) required to pass ownership.
• Estoppel by conduct – owner rarely estopped from vindicating property; must show representation by owner, reasonable reliance and prejudice; reliance on an imposter does not found estoppel against owner.
• Remedy – setting aside of void sale and power of attorney; restitution and transfer back; costs allocation; s 28(1) monetary claims require evidentiary basis.
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17 August 2023 |
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A municipality’s belated rescission of a default judgment failed for lack of reasonable explanation and no prima facie defence.
Rescission of default judgment – common-law test (reasonable explanation and bona fide defence with prospects) ; Municipal procurement – emergency deviations under SCM policy; Validity of contracts and MFMA s116 requirements; Imputability of municipal officials’ knowledge; Admissibility of correspondence evidencing settlement and municipal conduct; Costs – punitive costs for dilatory or mala fide municipal conduct.
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17 August 2023 |
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NDPP failed to prove respondent entities held "realisable property" or received "affected gifts" from defendants; restraint discharged.
POCA — restraint orders — confirmation requires reasonable grounds for believing a confiscation order may be made; evidence must possibly support conviction and confiscation. "Realisable property" and "affected gift" — an affected gift requires that a defendant (directly or indirectly) made the gift; causal link to a charged person is essential. Statutory interpretation — term "defendant" cannot be extended to uncharged persons absent prosecution or clear statutory intention. Evidential sufficiency — transfers, valuations and assertions of payment-for-value must be supported by reliable evidence to justify restraint.
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8 August 2023 |
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Admitting and relying on hearsay in sentencing proceedings was a material misdirection, reducing an otherwise custodial sentence.
Criminal law — Sentencing — Admissibility of hearsay in aggravation — s3 Law of Evidence Amendment Act 45 of 1988 — pre-sentence reports and victim-impact evidence — impermissible reliance on hearsay vitiates sentencing exercise; Criminal law — Sentencing — Use of minimum-sentence 'yardstick' where minimums inapplicable and defence precluded from addressing such considerations — misdirection warranting appellate interference; Fraud — breach of trust by employee — seriousness and mitigation assessed.
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8 August 2023 |
| July 2023 |
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Dog owner negligent for failing to control escaping dogs which foreseeably caused a passerby to retreat, trip and be injured.
• Delict – negligence – dog owner’s duty to control pets to prevent escape and endangering passersby – foreseeability and causation.
• Factual disputes – assessment of credibility, reliability and probabilities in mutually destructive versions.
• Costs – refusal of punitive (attorney-and-client) costs despite protracted cross-examination.
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18 July 2023 |
| June 2023 |
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Credible single-witness identification, corroborated by ballistics and CCTV, supports convictions for gang-related murders and possession offences.
Criminal law – single-witness identification and corroboration; common purpose doctrine – participation and mens rea; POCA – gang membership and acts in furtherance of gang activity; admissibility and validity of search and seizure; circumstantial and ballistic evidence – inferential reasoning (R v Blom).
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30 June 2023 |
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A pending action disputing the same procurement transactions bars a concurrent review; review stayed against the First Respondent.
Administrative law; review of procurement decisions; collateral challenge to contract validity; lis alibi pendens (stay of review where same dispute pending); discretion to stay proceedings; delay and acquiescence in review applications.
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15 June 2023 |
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Interim interdict preserves mayoral executive pending review where MEC proceeded despite a prima facie IRFA intergovernmental dispute.
Local government — structures — MEC’s amendment of municipal executive system from mayoral to collective — interlocutory striking out of affidavits where co-respondents seek applicant’s relief without joinder — joinder of supporting respondent — interim interdict pending review where IRFA dispute-resolution not followed — separation of powers considerations in interim relief.
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15 June 2023 |