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Citation
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Judgment date
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| June 2023 |
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Partial rescission of a consent order raises triable issues; it cannot be defeated by a special plea asserting the deed remains binding.
Family law; settlement agreement incorporated as court order – effect of novation by operation of law; rescission of parts of consent order under Rule 49(8); enforceability of court orders until set aside; procedural competence of special plea to decide triable issues (fraud/inducement).
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13 June 2023 |
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Applicant failed to prove an oral contract with respondent; agent contracted for a separate finance/support entity rather than respondent.
Contract — oral agreement — animus contrahendi — agent’s intention to contract for principal or for separate finance entity — proof on a balance of probabilities; payments made by subsidiary/finance unit (SBFS/RIDA) not proof of defendant liability.
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13 June 2023 |
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Court suspended pilot‑licence suspension pending review, exempting applicant from internal appeal as committee was non‑operational.
Civil aviation — suspension of pilot's licence — urgency — exemption from exhausting internal remedies under s 7(2)(c) PAJA where appeal committee non‑operational — requirement to consider all relevant factors in administrative decision‑making (including 'likelihood' in risk assessment) — procedural fairness — interim interdict test applied; suspension of implementation pending review.
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6 June 2023 |
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An applicant suing a carrier for damaged goods need not allege employees acted within the scope of their employment.
Contract of carriage – carrier as depositary/bailee for reward – duty to exercise reasonable care and liability for loss unless carrier proves absence of culpa. Pleadings – in actions for damaged goods under a contract of carriage, plaintiff need only allege contract, implied term to deliver undamaged, breach and particulars of damage. Scope of employment – not required to be pleaded where carrier liability arises by operation of law. Exception – conflation of contract and delict and failure to plead scope of employment are insufficient grounds where carriage law applies.
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6 June 2023 |
| May 2023 |
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Leave to appeal refused where objective documentary evidence established the applicants' indebtedness to the respondent.
Civil procedure — leave to appeal — s17(1) Superior Courts Act — leave requires reasonable prospect of success or other compelling reason; Evidence — loan agreement, debit order, payments and account statements as conclusive objective proof of creditor-debtor relationship; Appeal — meritless challenge to identity of creditor defeated by uncontradicted documentary and conduct evidence.
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30 May 2023 |
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A disciplinary letter sent only to the plaintiff was defamatory; publication established and qualified privilege forfeited by malice, awarding R60,000 plus interest and costs.
Defamation — meaning and publication; republication and reasonable expectation — qualified privilege (duty/interest to inform) — forfeiture of privilege by malice or recklessness — damages for wounded feelings and reputational harm.
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17 May 2023 |
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Applicants declared vexatious for persistently pursuing unmeritorious litigation to revive set‑aside Public Protector remedial action.
Vexatious proceedings — application under section 2(1)(b) Vexatious Proceedings Act — requirements: persistency and absence of reasonable grounds. Abuse of process — repeated and unsuccessful attempts to revive set‑aside remedial action amounting to vexatious litigation. Practice — reliance on an earlier answering affidavit as evidential basis for related application is permissible to avoid duplication; leave to file supplementary affidavit granted. Rule 30/30A — challenge dismissed where relief is irrelevant, unsupported or beyond scope of Rule.
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16 May 2023 |
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Court interdicted consideration of invalid motions and ordered the Speaker to pay costs for ignoring rules and legal advice.
Local government — council procedure — validity of motions — municipal rules requiring motions signed, dated and submitted ten clear business days before meeting — urgency and final interdict to prevent unlawful council action — costs against Speaker for ignoring legal demand and opinion.
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12 May 2023 |
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Leave to appeal refused where rescission judgment was interlocutory and did not meet interests-of-justice appealability test.
Appealability of interlocutory orders – interests of justice test (Tswane City v Afriforum) – immediate and substantial effect; rescission of orders granting permanent residence; leave to appeal refused where no serious, immediate or irreparable harm.
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9 May 2023 |
| April 2023 |
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Court awards R6,525,683 for future loss of earning capacity, preferring expert evidence of chronic pain and employment truncation.
• Personal injury – future loss of earning capacity – proof of truncation of working life and residual earning capacity – assessment by comparison of pre- and post-morbid earning capacity.
• Expert evidence – joint minutes – weight to be accorded to agreed expert opinions; court may prefer one expert over another based on reasoning, investigation and consistency with facts.
• Application of Kerridge approach – increased contingency deduction where post-accident earning prospects are uncertain.
• Orthopaedic and psychological sequelae – chronic pain, Persistent Depressive Disorder and somatic symptom disorder as factors reducing employability.
• Costs – award of taxed party-and-party costs and setting aside of contingency fee agreement.
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25 April 2023 |
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The defendant negligently performed revisional antireflux surgery without necessary investigations or assistance, causing severe injury and damages.
Medical negligence – reoperative antireflux (redo Nissen) surgery – failure to trial conservative therapy and obtain up-to-date preoperative investigations – undertaking complex revisional laparoscopic surgery without specialist assistance – causation of massive intra‑operative haemorrhage and long‑term neurological sequelae; Expert evidence – compliance with Uniform Rule 36(9).
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25 April 2023 |
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Assessment of minor’s loss of earning capacity after severe brain injury; court prefers conservative actuarial inputs and applies 25%/35% contingencies.
Road Accident Fund – loss of earning capacity of a brain‑injured minor – actuarial computation of pre‑ and post‑morbid earnings – choice of earnings survey (Deloitte vs STATSSA) – weight of expert evidence (educational and industrial psychologists) – contingency discounts (25% pre‑morbid; 35% post‑morbid) – intervention and schooling considerations.
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16 April 2023 |
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Municipal sale of tender documents limited to printing costs and failure to post online not unlawful; rule nisi discharged.
Procurement law – municipal tender procedures – CIDB Standard permits charging tender‑document fees limited to actual printing costs and encourages online availability; failure to post online not per se unlawful; PFMA/Treasury instruments and National Treasury Guide generally do not apply to municipalities; administrative action under PAJA must still be lawful.
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6 April 2023 |
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Prospective examinees lack standing to set aside an ex parte s417/418 enquiry order; challenges are limited to subpoenas or review.
Companies Act ss417–418 — s417/s418 enquiry — ex parte order authorising enquiry — locus standi of prospective examinee — limited grounds to oppose (jurisdiction, hardship/oppression, exceptional circumstances) — subpoenas duces tecum — procedural remedies: intervention under Rule 6(4)(b) vs reconsideration under Rule 6(12)(c) — review as remedy to challenge commissioner’s ruling — costs.
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4 April 2023 |
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Causation from the collision established; unpleaded claim of intervening medical negligence rejected; defendant liable for loss of support and funeral expenses.
Delict – causation – application of "but for" test – skull base fracture from motor collision established as cause of death. Novus actus interveniens – substandard medical treatment – requirement to plead special plea; unpleaded defence cannot be raised at trial. Quantum – proof of deceased’s earnings and actuarial calculation of loss of support; no contingencies applied. Costs – successful plaintiffs awarded costs including specified expert and counsel fees and interest.
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4 April 2023 |
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Warrantless arrest without reasonable suspicion is unlawful; police liable for initial detention but not for court-ordered subsequent detention.
Criminal procedure – arrest without warrant – section 40(1)(b) – reasonable suspicion must be based on solid grounds, not mere conjecture. Unlawful arrest renders initial detention unlawful. Separation of powers – police duty to bring arrested person to court; charging and bail decisions rest with prosecutor and magistrate; police not liable for subsequent court-ordered detention absent wrongful conduct. Damages for deprivation of liberty: award for two days’ unlawful detention.
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4 April 2023 |
| March 2023 |
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Urgent relief granted: 18 October shareholders’ meeting invalid; purported director removals void ab initio; municipality’s intervention refused.
Companies Act — shareholders’ meeting — authority to convene and proper notice — meeting invalid where convening lacked authority and notice not given to all shareholders; corporate takeover — purported removal/election of directors void ab initio; urgency — abridgment of rules justified where imminent prejudice and inability to obtain adequate redress in due course; intervention — municipality lacks direct and substantial interest to intervene in private company internal dispute.
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31 March 2023 |
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Pleadings that allege ‘unlawful’ (negligent) prosecution cannot substitute for actio iniuriarum; absolution granted for failure to prima facie prove malicious prosecution.
Criminal procedure and delict – unlawful/negligent prosecution versus malicious prosecution – limits on a delictual claim by accused for ordinary negligence by prosecutors/police; absolution from the instance where no prima facie case for malicious prosecution is shown; pleadings must properly define whether reliance is on malice (actio iniuriarum) or unlawful/negligent prosecution.
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28 March 2023 |
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An urgent ex parte application to halt the transfer of estate property failed for lack of true urgency and proper notice.
Civil procedure – urgent applications – ex parte relief – requirements for urgency – proper notice – estate administration – sale of estate assets – interim interdict – self-created urgency – respect for court procedures and respondents’ rights.
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22 March 2023 |
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Applicant entitled to interdict for passing off: FIRELOGIK deceptively similar to and likely to be confused with FIRE LOGIC.
Passing off – requirement of distinctiveness/reputation; deceptive similarity of trade names (visual and phonetic) – likelihood of confusion; interdictory relief where likelihood of deception and likely loss; descriptive vs fancy names; interlocutory strike-out – unsubstantiated hearsay and costs.
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17 March 2023 |
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Exception partially upheld: cancellation claim stands; rei vindicatio defective; actio ad exhibendum need not plead mala fides.
Civil procedure — exception to particulars of claim — meaning and ambit of averments on exception; factual disputes not resolved on exception. Contract law — domicilium clause and service — nominated domicilium not necessarily peremptory; service on attorneys may suffice where notice comes to addressee's attention. Property law — rei vindicatio — claimant must allege defendant was in possession when action instituted. Delict/condictio — actio ad exhibendum — claimant need not plead mala fides as separate element; must show disposer acted with dolus or culpa and knew claimant's ownership.
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16 March 2023 |
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High Court had concurrent jurisdiction to hear constitutional-rights based interdiction arising from strike conduct; jurisdiction assessed by pleadings.
Labour law; jurisdiction — s 157 LRA — concurrent jurisdiction of High Court and Labour Court where alleged or threatened infringement of constitutional rights arising from employment; jurisdiction determined by pleadings (Gcaba/Baloyi); s 68 LRA interdicts reserved to Labour Court.
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15 March 2023 |
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"Our children" in a clear joint will includes children born out of wedlock unless the will’s context excludes them.
Wills – interpretation – joint will – "our children" includes children born out of wedlock absent contextual indication to exclude them (s 2D Wills Act); extrinsic evidence inadmissible to vary clear testamentary language; latent ambiguity and admissibility of background facts; relief for unsuccessful postponement where undertakings and court rules breached.
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14 March 2023 |
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Respondent must prove lawfulness of admitted warrantless arrest; failure to do so renders detention unlawful and damages payable.
Warrantless arrest – onus on arresting party to prove jurisdictional facts; Resolution of mutually destructive versions – application of SFW technique; Credibility findings and probabilities; Adverse inference for failure to call available witness (police van driver); Damages for unlawful arrest impairing dignity.
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14 March 2023 |
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Appellate court upheld conviction on reliable identification and possession evidence but reduced an excessive 15-year sentence to seven years.
Criminal law – identification evidence – greatest care required where conviction depends on identification – corroboration by circumstantial evidence and possession of stolen property.* Criminal law – single witness – evidence requiring caution but admissible when corroborated.* Criminal procedure – appellate review – deference to trial court factual findings unless plainly wrong.* Sentencing – appeal against sentence – interference only where material misdirection or disproportionate/shocking term – substitution of sentence where necessary.
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14 March 2023 |
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Circumstantial evidence and an admission upheld a murder conviction despite identification misdirection; sentence reduced for excessiveness.
Criminal law – circumstantial evidence – conviction on circumstantial proof and admission; Identification evidence – single-witness identification and requirement of caution and assessment of reliability; Credibility – assessment of potentially biased witness (ex-wife) and application of Dhlumayo principles; Sentencing – interference where trial court misdirects by over-emphasising aggravation, failing to account for pre-trial custody, intoxication, and cumulative effect; Substitution and antedating of sentence.
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14 March 2023 |
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Leave to appeal refused: account-closure dispute is contractual, not a reviewable administrative action; Forum not a tribunal.
Banking law — termination of banking relationship — whether decision by private bank to close accounts is reviewable or a contractual matter; application of Jockey Club cases and Bredenkamp; role of Banks Conduct Standard (reasons and notice); requirements for leave to appeal under s 17 of the Superior Courts Act.
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14 March 2023 |
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Defendant failed to establish a bona fide defence to summary judgment after pleadings admitted a latent defect and inadequately pleaded warranty defence.
Civil procedure – Summary judgment – amended rule 14(3)(b) – defendant must disclose fully the nature and grounds of a bona fide defence and material facts relied upon. Sale of goods – latent defect – seed build-up in dispensing shoot of planter; seller's residual obligation not to sell defective goods. Pleading – requirements for pleading a warranty defence and particularity where modification of goods is alleged.
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14 March 2023 |
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State failed to prove rape beyond reasonable doubt due to unreliable child evidence and neutral medical and corroborative defence evidence.
Criminal law – sexual offences – assessment of young child complainant’s evidence – material inconsistencies and suggestibility; Medical evidence – neutral/inconclusive where injuries have alternative causes; Evidence assessment – not to compartmentalise state and defence cases; Standard of proof – conviction only where guilt proven beyond reasonable doubt; Van der Meyden principle applied to determine reasonable possibility of innocence.
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13 March 2023 |
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Accused’s late remorse and personal circumstances insufficient to justify departure from minimum life sentences for two rapes of a blind elderly victim.
Criminal law – sentencing – Minimum Sentences Act s51(1) – substantial and compelling circumstances; section 112(2) plea and weight of guilty plea/remorse; vulnerable victim (physically disabled/elderly) and multiple rapes; Zinn triad sentencing analysis.
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10 March 2023 |
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A magistrate’s condonation order is challengeable on review only for conduct‑based gross irregularity, not as administrative action under PAJA.
Administrative law – PAJA – judicial functions excluded: decisions of judicial officers are not "administrative action". Superior Courts Act s22 – review of Magistrates' Court proceedings limited to absence of jurisdiction, bias, gross irregularity, and evidentiary errors. Gross irregularity – must relate to the method/conduct preventing a fair trial, not mere erroneous outcome or error of law on the merits. Procedural finality/time‑bar – challenges to the correctness of a dismissal for non‑compliance are appeal issues, not reviewable as administrative irregularity.
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2 March 2023 |
| February 2023 |
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Court confirmed sale to highest bidder after open-court Rule 46A reconsideration; property was not primary residence.
Rule 46A – reserve price reconsideration where reserve not achieved; mandatory open-court reconsideration; application of Rule 46A(9)(b) factors (market/forced-sale value, rates, occupancy, likelihood of sale); confirmation of sale to highest bidder under Rule 46A(9)(e); distinction between primary residence protection and investment property.
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28 February 2023 |
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Court removed the applicant as trustee for dereliction, struck out affidavit material and appointed new trustees to restore trust administration.
Trust law – Removal of trustees – s20(1) Trust Property Control Act – court may remove trustee in interests of trust where dysfunction or dereliction imperils trust; fiduciary duties – trustees’ duty of care and avoidance of conflicts; evidence – striking out hearsay and scandalous/vexatious affidavit material for non-disclosure of source; appointment – court’s power to appoint/substitute trustees and to appoint multiple independent trustees notwithstanding deed wording.
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21 February 2023 |
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Rescission of a consent order for municipal debt failed for lack of a common mistake and causal connection.
Rule 42(1)(c) — rescission for common mistake; municipal indebtedness and consent orders; threat to interrupt electricity supply; applicability of Resilient; causation requirement for setting aside consent judgments; finality of court orders vs. IRFA dispute resolution.
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14 February 2023 |
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Warrant valid where State Liability Act steps complied with and incorrect case number was an inconsequential clerical error.
State Liability Act (Act 20 of 1957) s3(3)–(6) – compliance required before execution; warrant of execution – clerical error in case number – bona fide, inconsequential mistake not vitiating writ; requirement of prejudice/materiality to set aside writ; locus to prosecute claim against sheriff where applicant has no interest in remaining issue.
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14 February 2023 |
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Consolidation refused: distinct issues and substantial prejudice (delay and costs) to the respondent.
Rule 11 – Consolidation of actions; convenience to court and parties; avoidance of multiplicity and costs; prejudice and delay; distinct issues of agency/settlement agreement v insurer repudiation and indemnity; different witnesses and evidence required.
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14 February 2023 |
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Minor claimant found unemployable; future loss of earning capacity awarded with 25% contingency deduction.
Road Accident Fund – quantum – future loss of earning capacity of a child pedestrian – severe orthopaedic injury, chronic pain and compromised post‑morbid intellectual functioning – expert evidence evaluation (orthopaedic, occupational, educational and industrial psychology) – actuarial valuation accepted – 25% contingency deduction applied – unemployability established.
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10 February 2023 |
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Executrix’s possessory right supports spoliation relief; ordering compelled transfer may have been premature, leave to appeal granted on that point.
Civil procedure — mandament van spolie — possessory relief available to an executrix who has detentio and animus in respect of estate property when forcibly dispossessed. Administration of Estates Act — executor’s duty and rights to take control of deceased’s property and to enforce enforceable contracts entered into by the deceased. Joinder — non‑joinder of the Master not fatal to urgent spoliation proceedings where Master’s input is unnecessary. Remedies — self‑help by alleged owners impermissible; estate and interested parties must pursue claims under the Act or in court. Competence of relief — court may have been premature in ordering compelled signature of transfer documents before estate administration steps completed.
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9 February 2023 |
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A court may refuse to enforce a termination-on-notice clause used mala fide to evade a court order.
Contract law – enforcement of termination-on-notice clauses – pacta sunt servanda not absolute – mala fide enforcement contrary to public policy – will not be enforced where used to undermine court orders; interim relief to suspend such enforcement where urgency, prima facie right and balance of convenience established.
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7 February 2023 |
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Employer’s inadequate line-specific training and supervision caused employee’s back injury; defendant held liable.
Delict — negligence: employer/occupier duty to provide adequate line-specific training and supervision for hazardous machinery; failure to train/supervise operators on SSB rear-axle line; factual and legal causation established (sine qua non and foreseeability); admissible expert occupational-therapy evidence on mechanism of injury; costs including expert fees awarded.
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6 February 2023 |
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Medical aid payments do not bar RAF liability for proven past medical expenses, particularly for a child claimant.
Road Accident Fund liability – past medical and hospital expenses – whether medical aid payments reduce RAF liability – admissions and agreed quantum determinative. Personal payment requirement – minors and dependents – payments by parent/medical aid do not preclude recovery. Interpretation of RAF Act – no statutory basis to deny compensation where expenses proven and admitted.
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1 February 2023 |
| January 2023 |
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Failure to comply with a Banks Act repayment directive is a statutory act of insolvency permitting final sequestration.
Banks Act s83(3)(b) – failure to comply with repayment directive deemed act of insolvency; sequestration proceedings not subject to Prescription Act; Deputy Registrar/Prudential Authority competent to institute proceedings; repayment directive validity and repayment administrator’s investigatory role; final sequestration ordered.
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31 January 2023 |
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Interim interdict granted to suspend a tender award where the Department’s reasons were inadequate and review likely.
• Administrative law – public procurement – adequacy of reasons for tender decisions – PAJA and transparency obligations; • Interim interdict – prima facie right, irreparable harm and balance of convenience in stay-of-implementation pending review; • Urgency and condonation for non-compliance with court rules; • Locus and standing of disappointed tenderers; • Constitutional duty of legality and openness in procurement processes.
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24 January 2023 |
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A regulation barring recording a child’s foreign or undocumented father is unconstitutional as discriminatory and contrary to children’s rights.
Constitutional law – justiciability – court may decide constitutional challenge despite late concession where issue was actively opposed and has public importance. Administrative / statutory interpretation – Regulation 12(2)(c) of the Births and Deaths Registration Regulations. Children’s rights – right to dignity and best interests – discrimination where father's immigration status conditions registration of paternity. Conflict between subordinate regulation and section 11 of Births and Deaths Registration Act and Children’s Act. Costs – adverse punitive costs where state conduct unreasonably delayed and opposed relief.
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10 January 2023 |
| December 2022 |
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An urgent interdict was granted preventing the Treasury from withholding a municipality's equitable share pending review.
Local government funding – equitable share – s214 Constitution and Division of Revenue Act – withholding of allocations; Interdict – requirements for interlocutory interdict; Urgency – condonation of non‑compliance with filing rules; Intergovernmental Relations Framework Act – s40 dispute invoked, no requirement to exhaust further s41 procedures before court; Review – rationality and lawfulness of administrative decision to withhold funds; Costs against state respondents including two counsel.
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30 December 2022 |
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Condonation refused and arbitration award upheld: arbitrator acted within powers and no gross irregularity proven.
Arbitration — Review of award — s 33(1) Arbitration Act — allegation of arbitrator exceeding powers or gross irregularity — misconduct threshold. Condonation — interests of justice — extent and cause of delay, prospects of success. Construction contracts — JBCC PBA — clause 26 (assessment/notice/determination) — submissions v evidence.
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13 December 2022 |
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Executor successfully obtained urgent mandament van spolie; PIE inapplicable because respondents did not occupy the property as their home.
Property law – mandament van spolie – requirements: prior peaceful possession and unlawful dispossession; restoration of possession. Urgency – spoliation proceedings as a speedy remedy; applicant’s prompt action and respondents’ acquiescence. Locus standi – executor’s authority to vindicate estate assets and sue on behalf of the estate. PIE – applicability limited to occupiers’ homes; PIE not engaged where occupiers do not use property as their home. Defence of abandonment – requires intention to abandon; mere absence or untidiness insufficient.
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13 December 2022 |
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Payment by a medical scheme does not absolve the Road Accident Fund from compensating admitted past medical expenses.
Road Accident Fund – past medical expenses – payments made by medical scheme – whether such payments must be deducted from RAF compensation – collateral benefits and double compensation – insurance nature of medical schemes – statutory interpretation of s18 RAF Act – subrogation/reimbursement rights of medical schemes.
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1 December 2022 |
| November 2022 |
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Leave to appeal granted where another court may reasonably find differently on scope of duty of care and expert evidence.
Civil procedure – Application for leave to appeal – s 17(1)(a)(i) Superior Courts Act – reasonable prospects of success required, not certainty. Delict – Duty of care – scope of duty where defendant admits legal duty – effect on wrongfulness enquiry and negligence proof. Evidence – Expert conveyancer evidence – admissibility and weight where duty scope contested.
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22 November 2022 |
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Rescission refused — quantum properly determined on actuarial evidence; applicant failed to justify default.
Civil procedure – rescission of judgment – rule 42(1)(a) – whether order erroneously sought or granted in defendant's absence. Pleadings – rule 22(3) – distinction between admission and non-admission; non-admission may operate as denial where defendant lacks knowledge. Evidence – quantum of patrimonial loss – actuarial evidence may suffice; viva voce evidence of claimant not always required. Common law rescission – requirements: reasonable explanation for default, bona fides, and prima facie defence with prospects of success.
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15 November 2022 |