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Citation
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Judgment date
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| December 2024 |
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Court awards damages for liability of unknown driver in collision, assessing negligence and future earning loss.
Motor vehicle accident – negligence – liability of unknown insured driver – damages – calculation of contingency deductions in loss of earnings.
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30 December 2024 |
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A Rule 53(1)(b) right to the record arises irrespective of an interlocutory finding on the impugned decision’s reviewability.
Rule 53(1)(b) – entitlement to record and reasons; interlocutory production not contingent on prior finding of reviewability; financial recovery plans – reviewability deferred to main application; PAJA and principle of legality arguments inappropriate at interlocutory stage; costs – award of two counsel on Scale C.
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30 December 2024 |
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An acquittal is not "concluded" under s 17(a) of POCA while a prosecution appeal or leave-to-appeal is pending.
Criminal procedure/POCA – interpretation of s 17(a) – meaning of "concluded"; whether a trial acquittal concludes restraint proceedings where prosecution appeal or leave to appeal is pending. Common law – appeal suspends operation of judgment; presumption statutes do not alter common law absent clear language. Statutory purpose – Chapter 5 POCA designed to preserve assets for potential confiscation; s 24A confirms restraint orders may remain pending appeal. Authority – Falk v NDPP applied to hold that non-final acquittals do not trigger s 17.
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27 December 2024 |
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Rule 30A may compel compliance with binding Rule 37 pre-trial undertakings; non-compliance risks striking out of defence.
Civil procedure – Rule 37 pre-trial minutes – Undertakings recorded in pre-trial minutes are binding; parties may not resile without special circumstances; Rule 30A may be used to compel compliance with pre-trial undertakings; sanction of striking out defence and permission to apply for default judgment for non-compliance; interplay between Rule 37(8) (judge in chambers) and Rule 30A clarified.
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24 December 2024 |
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Perusal fees for re-perused documents require moderation; taxing master’s allowances remitted for reconsideration.
Taxation of costs – perusal fees – re-perusal of documents – res nova – duplication and reduction of perusal fees – discretion of taxing master – remittal for reconsideration.
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24 December 2024 |
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Substantial compliance with s24 RAF requirements sufficed; objections and pending SCA matters did not defeat the plaintiff’s claim.
Road Accident Fund — s24 RAF Act — substantial compliance with RAF1 and accompanying documents — s24(5) objections — premature summons and prescription — RAF’s duty to investigate vs. claimant’s entitlement to substantive access to compensation.
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24 December 2024 |
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Applicant failed to prove on a balance of probabilities that municipal payments were proceeds of unlawful activity under POCA.
POCA – forfeiture – requirement to prove on a balance of probabilities that property is proceeds or instrumentality of an offence. Forfeiture proceedings – evidential burden and evaluation of competing affidavits; when a respondent’s version may be rejected on the papers. Civil procedure – admission of supplementary/further affidavits and right to file a replying affidavit. Costs – allocation where postponement and substantive success differ between parties.
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24 December 2024 |
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Leave to appeal denied for POCA forfeiture matter; no reasonable prospects of success and applicant ordered to pay costs.
POCA forfeiture proceedings (s48) — leave to appeal (s17(1)(a) Superior Courts Act) — ownership, res derelictae and abandonment of railway lines — intention to permanently deprive (theft and Schedule 1 offences) — sufficiency of affidavit evidence and failure to call oral evidence — servitude and prescription — instrumentality of offence — standard of proof.
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24 December 2024 |
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Summary judgment granted only on the business term loan; triable issues (trust authorisation, notice/demand, settlement) defeat other claims.
Civil procedure – summary judgment – whether defendants raised bona fide triable issues; Trusts – validity of guarantees – whether trustees jointly authorised signature; Contract – overdraft facilities – clause 10.2 review/notice/termination and demand requirement; Evidence – authority of deponent for corporate plaintiff; Payment/settlement defence to debt claims.
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24 December 2024 |
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Plea did not admit all offence elements and sentencing procedure under ss 34–35 was flawed; conviction and sentence set aside.
Criminal procedure – plea of guilty – s112(2) statement – whether plea admits all elements of offence; Charge particulars – adequacy and correct date; Alternative counts not put/withdrawn – plea recording defects; Sentence – suspension and driving licence – compliance with ss 34 and 35 of the National Road Traffic Act; Special review – proceedings not in accordance with justice – conviction and sentence set aside.
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20 December 2024 |
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Occupation of municipal land found unlawful; eviction suspended pending building-plan approval, with demolition enforcement if not regularised.
Land law; PIE Act – unlawful occupation; discretion to grant eviction orders balancing landowner rights and occupiers’ circumstances; Building Act s 21 – demolition for unapproved buildings but remedial opportunity may be allowed where owner delayed enforcement.
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19 December 2024 |
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Handing down of a reserved judgment suspended pending determination of an interlocutory application to adduce further evidence.
Interlocutory application – application to adduce further evidence filed after hearing but before reserved judgment – reserved judgment suspended pending adjudication of interlocutory application; hearing date must fall within court term and be arranged with Registrar to ensure judge’s availability.
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19 December 2024 |
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Court refused absolution, finding plaintiff's evidence could support a damages claim despite an earlier lapsed LAA.
Civil procedure – absolution from the instance – test: whether evidence exists upon which a court might find for plaintiff; Contract law – suspensive conditions and lapse of land-availability agreement; Effect of subsequent separate agreement on rights arising from earlier LAA; Whether addenda concluded after expiry can revive a lapsed suspensive-condition agreement; Onus and relevance of contested factual disputes at absolution stage.
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19 December 2024 |
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Court applied a 22.5% contingency to the plaintiff’s post‑morbid future loss of earnings and ordered RAF to pay 80%.
Road Accident Fund – quantum – post‑morbid future loss of earnings – contingency deduction – application of actuarial computation – consideration of neurocognitive, psychiatric and occupational expert evidence – s 17(4)(a) undertaking – costs including expert fees and counsel on scale B.
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17 December 2024 |
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State vicariously liable where police officer’s self-defence claim failed to justify shooting a fleeing plaintiff.
Delict – wrongful shooting by police – proof the shot originated from police firearm – onus to prove justification/self-defence – credibility assessment of police witnesses – vicarious liability of State – costs including Scale B counsel fees.
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13 December 2024 |
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Unmarried cohabitee’s personal loss claim dismissed for lack of legal duty; minor child awarded R111,354 for loss of support.
Loss of support — locus standi of unmarried cohabitee — living together and informal intentions insufficient absent wills, nominations or other clear estate planning; minor child’s entitlement conceded — quantum assessed by actuary with contingencies (5%/10%) to age 18; late expert evidence excluded and costs disallowed.
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13 December 2024 |
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Applicant’s condonation for late s3 notice refused due to unexplained delay and demonstrated prejudice to the respondent.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — s 3 notice and condonation — requirements under s 3(4): non-prescription, good cause, absence of unreasonable prejudice. Pre-notification delay — applicant’s duty to provide a full, satisfactory explanation; ignorance of law not a good cause. Prejudice — repairs to road after accident may constitute unreasonable prejudice by impairing investigation and testing of claim. Onus — applicant must satisfy court on condonation; organ of state need only lay basis for inference of prejudice.
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12 December 2024 |
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12 December 2024 |
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Whether unresolved liquidation-related disputes amount to bona fide defences preventing summary judgment on loan claims.
Civil procedure – summary judgment (Rule 32) – requirement that defendant disclose bona fide defence with material facts; prospects of success irrelevant at summary stage. Contract/credit agreements – certificates of balance – where contract provides, certificate is prima facie proof of quantum. Insolvency/liquidation – unresolved liquidation and disputed application of sale proceeds can render claim unliquidated for summary judgment purposes. Pleadings – defendant may not first raise wholly new defences in opposing affidavit without pleading them.
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12 December 2024 |
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12 December 2024 |
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Default‑judgment application struck for procedural non‑compliance and inadequate evidentiary foundation; no costs ordered.
Default judgment — procedural compliance — rule 17(3)(a) (local correspondent) — service outside province and dies induciae (s 24 Superior Courts Act) — rule 28(2) amendments — adequacy of affidavit/evidentiary foundation — improper set‑down and service — costs (tender of wasted costs).
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10 December 2024 |
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Default judgment refused and application struck from the roll for failure to prove service; no order as to costs.
Default judgment – proof of service – absence of return of service – jurisdictional prerequisite to default judgment; Rule 31(2)(a) and Rule 33(4) – separation of quantum and piecemeal hearing; notice of intention to defend filed on motion day – matter becomes defended; striking from roll – no costs where improper enrolment and no prejudice warranting costs award.
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10 December 2024 |
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Condonation refused where delay was unexplained and appeal against sentence lacked reasonable prospects of success.
Criminal procedure — condonation for late application for leave to appeal — adequacy of explanation for delay; prospects of success on appeal; sentencing review — substantial and compelling circumstances; appropriateness of deviation from prescribed life sentence.
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6 December 2024 |
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The respondent is liable for past medical costs despite medical-aid payments; applicant awarded substantial damages for loss of earnings.
Road Accident Fund; s 17(4)(a) undertaking for future medical costs; past medical expenses — medical-aid payments do not reduce RAF liability (res inter alios acta); assessment of general damages for multiple orthopaedic and psychological injuries; calculation of past and future loss of earnings — expert evidence, actuary calculations and contingency deductions; RAF cap application; interest and costs order.
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4 December 2024 |
| November 2024 |
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A municipal wayleave can be contractual; particulars alleging unlawful cancellation disclosed a valid cause of action, so exception dismissed.
Wayleave – nature and legal character – whether a wayleave constitutes a bilateral contractual agreement or an administrative act – exception under Rule 23 for failure to disclose cause of action – interplay with municipal by‑laws and PAJA.
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25 November 2024 |
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Whether trustees may ratify, after a fixed date, a postponed trust distribution and whether beneficiaries have locus standi.
Trust law – distribution event under trust deed; fixed-time obligations and invalidity of post-hoc ratification; locus standi of income, contingent capital and capital beneficiaries; leave to appeal; mootness and practical effect of disputes about trust administration.
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25 November 2024 |
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Amended particulars adequately pleaded damages from misappropriated trust funds; exceptions dismissed.
Exception — sufficiency of particulars of claim; Trust funds — attorney liability and creditor rights where trust deficit arises; Insurance indemnity — claim crystallises on established liability; Rule 28 amendments — deemed consent where no objection delivered; Rule 30 irregularity objection not sustained.
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25 November 2024 |
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Taxing master erred by allowing discovery-related costs for documents not admissible at exception stage; items 5–14 disallowed.
Civil procedure – Taxation of costs – Rule 48 review – Exception proceedings are decided only on particulars of claim and agreed facts; documents discovered under Rule 35 not to be considered at exception stage – Taxing master may be reviewed where wrong principle applied or clearly wrong.
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20 November 2024 |
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Appeal against attorney-and-client cost order dismissed; lower court exercised judicial discretion amid misjoinder and procedural irregularities.
Appeal — costs only — scope of appellate interference with trial court’s discretion on costs; rescission of default judgment; misjoinder and procedural irregularity; attorney-and-client costs justified by special considerations to prevent successful party being out of pocket.
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19 November 2024 |
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Reported
Pending spouses may rely on the Constitutional Court’s remedial severance of s 7(3) to seek redistribution and may amend pleadings accordingly.
Constitutional invalidity and remedial orders – Divorce Act s 7(3)(a) severance and suspension – prospective application to marriages out of community excluding accrual – paragraph limiting retrospectivity protects only finalised terminations before 10 October 2023 – pending divorce proceedings may rely on remedy – amendment of pleadings to invoke redistribution allowed.
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19 November 2024 |
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Court awards damages for loss of earnings and future medical expenses after a motor vehicle accident.
Personal Injury – Road Accident – Loss of earnings and future medical expenses – Determination of damages for diminished earning capacity.
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18 November 2024 |
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Leave to appeal refused where prior opposed liquidation orders and locus standi were already adjudicated; no reasonable prospect or compelling reasons.
Application for leave to appeal — liquidation proceedings — earlier opposed provisional and final liquidation orders — locus standi adjudicated in prior proceedings — s 17(1)(a)(i) and (ii) Superior Courts Act — no reasonable prospect of success; no compelling reasons — leave to appeal refused.
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15 November 2024 |
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Leave to appeal granted where conflicting expert evidence creates reasonable prospects of success on damages for future medical expenses and loss of earnings.
• Appeal — Leave to appeal under s 17 of the Superior Courts Act — requirement of reasonable prospects of success or compelling reason.
• Evidence — Conflicting expert (orthopaedic) opinions on causation and extent of injuries may establish reasonable prospects on appeal.
• Damages — future medical expenses and loss of earnings — appellate review where expert evidence divergence exists.
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15 November 2024 |
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Joinder of interdict-holder and Registrar of Deeds required; late affidavit condoned with costs.
Execution against immovable property – joinder – necessity to join third-party interdict-holder and Registrar of Deeds with direct and substantial interest; condonation of late affidavit; rule 46A v rule 46 implications reserved for further hearing.
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15 November 2024 |
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Applicant failed to show reasonable prospects of success on appeal regarding non-compliance with Customs and Excise Act notice provisions.
Leave to appeal — Superior Courts Act s 17(1) — reasonable prospects of success standard; condonation and notice requirements — Customs and Excise Act ss 89 and 96(1)(a) and (c); service of special plea and undue delay; failure to show refusal to extend expiry period.
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15 November 2024 |
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Conviction and life sentence upheld: credible single child witness, late alibi rejected, no substantial and compelling circumstances.
Sexual offences — single child complainant — credibility and trustworthiness (Woji factors); double cautionary rule not to be applied automatically; s 60 SOA prohibits treating complainant evidence with caution based solely on nature of offence; Alibi — failure to disclose timeously reduces its weight (Thebus); Sentencing — mandatory minimum life under s 51 CLAA; no substantial and compelling circumstances.
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14 November 2024 |
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Appeal dismissed; damages for unlawful detention and malicious prosecution upheld due to lack of prima facie case.
Unlawful detention; malicious prosecution; absence of prima facie case; prosecutor's duty to consider docket; causation between police conduct and wrongful prosecution; prescription must be pleaded; assessment and quantum of damages for prolonged unlawful detention.
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14 November 2024 |
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Court found jurisdiction, an act of insolvency and a reasonable prospect of creditor advantage; granted final sequestration.
Insolvency law – sequestration – jurisdiction of division under s 21 Superior Courts Act – residence and domicilium evidence; act of insolvency under s 8(g) – notice of inability to pay; advantage to creditors under s 12(c) – reasonable prospect that enquiries may unearth assets; application of Plascon-Evans approach to disputed facts.
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14 November 2024 |
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Dispute over board composition and suspension became moot after parties agreed to CCMA disciplinary hearing; no declaratory orders made.
Non-profit governance — Term of office of directors — Quorum and ultra vires board decisions — Suspension pending disciplinary process — Mootness where parties agree CCMA arbitration — Court may make no order under Rule 6(6) except as to costs — Costs: each party to pay own where proceedings overtaken by agreement and developments.
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13 November 2024 |
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Leave to appeal application struck for non‑compliance with Rule 49(1)(b) due to late filing and no condonation.
Civil procedure – Leave to appeal – Rule 49(1)(b) – Fifteen‑day time limit for application for leave to appeal – Receipt of order while in custody – Requirement to apply for condonation to extend time – Late application struck from the roll.
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13 November 2024 |
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An appellant’s age or lack of physical injuries do not necessarily constitute substantial and compelling circumstances to avoid prescribed life sentences for rape of minors.
Criminal law – Minimum sentencing regime – Rape of minors – Substantial and compelling circumstances – Sentencing discretion – Advanced age and absence of physical injuries considered but insufficient to deviate from life sentence.
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12 November 2024 |
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High Court granted exceptional bail where prosecutor opposed postponement without consulting investigating officer and failed to justify continued detention.
Bail — High Court inherent jurisdiction to grant bail in exceptional circumstances — prosecutor’s duty to cooperate with investigating officer and disclose relevant information — section 60(11) onus shifts only where grievous bodily harm is alleged — unjustified postponement of bail proceedings.
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9 November 2024 |
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Practicing without a Fidelity Fund certificate and unpaid levies warranted suspension and appointment of a curator bonis.
Legal Practice Act – section 84(1) – practicing without Fidelity Fund certificate is misconduct and criminal offence; LPC Rules – failure to pay annual levies; Civil procedure – service irregularity not fatal where recipient not prejudiced; Disciplinary relief – suspension from roll and appointment of curator bonis; Costs – attorney-and-client scale ordered.
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8 November 2024 |
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Summary judgment granted where defendants failed to disclose a bona fide defence to a liquidated instalment-sale claim.
Summary judgment — Rule 32 — instalment sale agreement supported by liquid document; bona fide defence requirement — defendant must disclose material facts and align with plea; afterthought defences and unpleaded NCA objections insufficient to resist summary judgment; costs on Scale A (Rule 67A).
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8 November 2024 |
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Judge recused herself due to a reasonable apprehension of bias arising from prior remarks and case circumstances.
Judicial recusal – reasonable apprehension of bias – test: whether a reasonable, objective and informed person would apprehend lack of impartiality. Presumption of judicial impartiality – judges may bring life experience to adjudication. Conduct of counsel/attorney as litigant and potential witness – conflict of interest and impact on fair trial. Preservation of integrity and perceived fairness of proceedings may warrant recusal even where no actual bias is found.
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8 November 2024 |
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7 November 2024 |
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7 November 2024 |
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Condonation granted for late s 3 notice where good cause and no unreasonable prejudice were established.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s 3(2) and s 3(4) – condonation for late notice – conjunctive requirements: non‑prescription, good cause, absence of unreasonable prejudice. Admissibility of supplementary affidavits – considerations: reason for delay, materiality, possible shaping of evidence, balance of prejudice, stage of litigation, costs and attorney’s fault. Good cause assessment includes prospects of success and circumstances such as acquittal and delayed access to police docket.
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7 November 2024 |
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Liability admitted for police shooting; court assessed and awarded R501,365.80 for general, medical, assistive and income losses.
Delict — Wrongful shooting by police — liability admitted — assessment of quantum only; Medical evidence on scars and need for surgery; Future medical costs and assistive devices; Actuarial calculation of future loss of earnings — application of contingency discount and judicial discretion (Southern Insurance principle); Costs on scale A Rule 67A.
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7 November 2024 |
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Replication filed with summary-judgment papers may be considered; defendant failed to show a bona fide defence.
Civil procedure – Summary judgment – Whether replication filed with summary-judgment papers may be relied upon to show absence of bona fide defence under Rule 32(3)(b). Civil procedure – Rule 32(3)(b) – Defendant must disclose fully the nature, grounds and material facts of a bona fide defence. Evidence – Annexures to replication (emails, WhatsApp) admissible to rebut defence. Civil procedure – Counterclaim – Prospect of counterclaim does not prevent summary judgment absent a bona fide defence.
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7 November 2024 |