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Citation
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Judgment date
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| July 2025 |
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Amendment to plead mutually exclusive unjustified enrichment and contractual claims refused, as claims must be alternative.
Civil procedure – amendment of pleadings – unjustified enrichment vs. contractual claims – inconsistency of concurrent claims.
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4 July 2025 |
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Court awards damages for motor vehicle accident; general and medical expenses quantified.
Road Accident Fund - determination of quantum for general damages and past medical expenses arising from a motor vehicle accident.
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3 July 2025 |
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Court grants interim relief against the processing of an alleged coerced resignation pending review proceedings.
Employment law – urgent interim interdict – jurisdiction – procedural compliance – authority of representation.
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1 July 2025 |
| June 2025 |
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Plaintiff awarded damages for future income loss due to negligence in a road accident claim.
Road Accident Fund – Liability for damages due to negligent driving – Assessment of loss of future income following motor vehicle accident injuries.
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30 June 2025 |
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Court dismisses appeal on jurisdiction and authority grounds in salary deduction case against Municipality.
Labour Law – Authority to represent – Deductions from salaries – Section 34 of Employment Act – Leave to appeal denied.
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27 June 2025 |
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Liquidation application dismissed due to jurisdictional issues, improper statutory demand service, and unresolved contractual disputes.
Company law - Winding-up proceedings - Jurisdiction - Compliance with statutory demand requirements under Companies Act 1973 - Abuse of process - Unresolved contractual disputes.
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27 June 2025 |
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Court invalidates payments to business rescue practitioner as undue preference under Companies Act section 341(2).
Corporate liquidation – Void payments under Companies Act – Business rescue practitioner – Subsection 341(2) preferences
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26 June 2025 |
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Court awards R500,000 for child's non-pecuniary damages after road accident, basing decision on expert reports and case comparisons.
Personal injury - road accident - determination of general damages - assessment of expert evidence - costs for expert reports.
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26 June 2025 |
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Court reviews administrative decision under NEMA due to procedural unfairness in imposing a non-compliance fine.
Administrative law – procedural fairness – National Environmental Management Act (NEMA) – judicial review of administrative decision – determination of appropriate fine under section 24G.
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26 June 2025 |
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Court finds contributory negligence at 80/20% where plaintiff failed to maintain a proper lookout at intersection.
Motor vehicle accident – negligence apportionment – duty of care at intersections – contributory negligence assessment.
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25 June 2025 |
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Court apportioned 80% fault to Plaintiff for lack of due care at an intersection causing a collision.
Road Accident Fund – negligence in motor vehicle accidents – apportionment of fault – lack of proper lookout by driver.
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25 June 2025 |
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Appeal against conviction for public violence dismissed, identification by police held reliable.
Criminal Law – Public Violence – Identification evidence – The necessity of cautious approach to witness identification – Appeal against conviction due to alleged unreliable identification dismissed – Identification deemed credible based on sartorial and situational observation during protest.
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25 June 2025 |
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The court upheld the conviction for public violence based on credible identification of the appellants during protests.
Criminal Law – Public Violence – Identification of accused during public protests – Role and reliability of state witnesses in establishing identity beyond reasonable doubt.
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25 June 2025 |
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Court confirms Rule Nisi for unlawful electricity disconnection due to inadequate notice and quasi-possession rights.
Electricity supply – Mandament van spolie – Confirmation of Rule Nisi – Quasi-possession and procedural requirements for notice
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25 June 2025 |
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Electricity supply disconnection requires adequate notice; protected by spoliation when served inadequately.
Electricity supply – spoliation protection – quasi-possession – notification shortcomings under Electricity Regulation Act – remedy for unlawful disconnection.
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25 June 2025 |
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Application for leave to appeal conviction and sentence for murder dismissed due to lack of prospects for success.
Criminal law - Appeal - Leave to appeal against conviction and sentence for murder and attempted murder - Reasonable prospects of success or compelling reasons required under s 17(1) Superior Courts Act.
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25 June 2025 |
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Application for leave to appeal against conviction and sentence of murder dismissed due to lack of prospects of success.
Criminal Law - Application for Leave to Appeal - Reasonable Prospect of Success - Conviction and Sentence - Dolus Directus
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25 June 2025 |
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Application granted for leave to appeal ex-tempore judgment due to potential for different outcome by another court.
Civil procedure – application for leave to appeal – condonation for late filing of judgment – lis pendens involving divorce and pension funds.
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25 June 2025 |
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Application for leave to appeal granted due to potential for a different outcome in another court.
Appeal – Leave to appeal – ex-tempore judgment – lis pendens in divorce and pension funds – prospects of success in another court.
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25 June 2025 |
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The court applied the principle of res judicata to dismiss an exception application to strike a counterclaim.
Civil procedure – Exception application – Res judicata – Preventing re-litigation of issues previously adjudicated – Determination of excipiable counterclaims.
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24 June 2025 |
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Court holds an action pending due to previous lawsuit, affecting director liability in corporate case.
Civil procedure – Third party claims – Special pleas – Non-joinder and lis pendens in the context of joint liability and pending litigation.
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20 June 2025 |
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An updated valuation under Rule 46A was accepted; Section 129 notice requirements satisfied within summons.
Property Law – Execution – Setting of Reserve Price – Compliance with Rule 46A and section 129 National Credit Act.
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18 June 2025 |
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Court upheld lease cancellation due to breaches in subletting, improper use, and financial obligations.
Lease agreement - Breach involving subletting without notification - Improper use of premises - Maintenance and payment obligations - Validity of cancellation due to breaches.
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17 June 2025 |
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Court awards damages for loss of earnings and general damages after a motor vehicle accident.
Motor vehicle accident claim – quantum of general damages and loss of earnings – liability of the defendant for compensation.
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13 June 2025 |
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Application for leave to appeal dismissed for being out of time, lacking condonation and merit for success.
Appeal – Application for leave to appeal – Filed out of time – No condonation sought – Reasonable prospects of success not demonstrated.
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13 June 2025 |
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Court dismissed State's application to reserve questions of law for SCA regarding extradition jurisdiction of accused.
Criminal Procedure – Extradition – Jurisdiction – Validity of extradition request – Reservation of questions of law – Section 319 CPA application.
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13 June 2025 |
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Alleged police negligence in arrests lacked proven grounds, leading to dismissal of plaintiffs' claims for damages.
Delict - Negligence - Unlawful arrest and detention - Burden of proof in negligence claims against police.
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12 June 2025 |
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12 June 2025 |
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Appeal on summary judgment dismissed; defenses of illegibility, cancellation, and force majeure found unpersuasive.
Civil Procedure – Summary judgment – Compliance with rule 32 – Defences of illegibility, cancellation, and force majeure – Evaluation of bona fide defences.
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12 June 2025 |
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The appeal against a life sentence for murder lacked substantial and compelling circumstances for sentence deviation.
Criminal Law - Sentencing - Murder - Appeal against life imprisonment sentence - Substantial and compelling circumstances not present.
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12 June 2025 |
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Failure to prove inadequacy of account rendered in compliance with court order resulted in dismissal of contempt application.
Trust law – Account rendering – Sufficient compliance with court order – Contempt allegation for inadequate accounting dismissed.
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12 June 2025 |
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An urgency claim based on eviction was rejected due to self-created urgency; application removed from roll.
Urgent application – eviction – self-created urgency – municipal property rights – unlawful occupation – compliance with PIE Act
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10 June 2025 |
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Defendants liable for breach of rental contract but wool and progeny damages deemed too remote.
Contract law – breach of rental agreement – damages for failure to return rented livestock – remoteness of wool and progeny damages.
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10 June 2025 |
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9 June 2025 |
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6 June 2025 |
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6 June 2025 |
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5 June 2025 |
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5 June 2025 |
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4 June 2025 |
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4 June 2025 |
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3 June 2025 |
| May 2025 |
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29 May 2025 |
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29 May 2025 |
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Appeal dismissed confirming trial court's ruling on conviction and 22-year sentence for rape based on comprehensive evidence assessment.
Criminal Law – Rape – Single-witness testimony – Application of cautionary rule – Appeal against conviction and sentence – Consideration of credibility assessments.
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29 May 2025 |
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The appeal against convictions and life sentences for rape was dismissed; the trial court's decision was upheld.
Criminal Law – Rape – Appeal against conviction and sentence – Assessment of witness credibility – Evaluation of substantial and compelling circumstances in sentencing – Minimum sentence legislation.
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29 May 2025 |
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27 May 2025 |
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26 May 2025 |
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23 May 2025 |
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22 May 2025 |
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Court applies contingencies to adjudicate quantum for plaintiff's loss of earnings following a road accident.
Motor Vehicle Accident – Quantum – Loss of earnings – Application of appropriate contingencies in calculating pre-morbid earnings.
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22 May 2025 |
