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High Court of South Africa Free State, Bloemfontein

The Free State Division of the High Court of South Africa (previously named the Orange Free State Provincial Division and the Free State High Court, and commonly known as the Bloemfontein High Court is a superior court of law with general jurisdiction over the Free state province of South Africa. The division sits at  Bloemfontein.

2 judgments
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2 judgments
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Judgment date
June 2019
Maluti-a-Phofung Local Muncipality v Bibi Cash & Carry Supermarket (Pty) Ltd and Others (688/2017) [2019] ZAFSHC 3 (6 June 2019)
Plaintiff established a prima facie case; registered transfers cannot be cancelled except by court, so absolution was refused.
Deeds Registries Act s 6 – registered deeds not cancellable except by court; Absolution from the instance – mid‑trial prima facie threshold (Claude Neon principle); Surveyor General – limitation of powers, statutory notice and consent requirements; Succession under Free State Development Corporation Act – need for administrative records; Prescription and delay in asserting title.
 6 June 2019
February 2019
Van der Merwe v MEC Public Works, Roads and Transport and Another (4617/2010) [2019] ZAFSHC 6 (28 February 2019)
A provincial roads authority negligently failed to maintain dangerous edge drop-offs, causing a motorist’s accident and liability for full damages.
Roads authority – Duty to inspect and maintain provincial roads – Edge break and pavement/shoulder drop-off – Free State Maintenance Quality Standards (degree 3) – Causation of loss of control – No proof of warning signs, voluntary assumption of risk or contributory negligence – Punitive costs awarded (attorney and client).
 28 February 2019