High Court of South Africa Free State, Bloemfontein

Motor vehicle collision – claim for damages consequent upon bodily injuries sustained – merits – liability of Road Accident Fund. Quantum – general damages – loss of earnings.

Rule 53 (1)(b) of the Uniform Rules -whether an obligation to produce a record under rule 53 only arises once review jurisdiction has been established by the party seeking to compel the production of a record. Principle restated.

Provisional restraint order in terms of s 26 of Prevention of Organised Crime Act 121 of 1998 (POCA) – return day - points of law raised – proper interpretation of s 17(a) of POCA.  Third Defendant charged and tried in criminal trial of offences – discharge of all accused granted by trial court – leave to appeal by NDPP to Supreme Court of Appeal. Interpretation of provision that criminal proceedings have been ‘concluded’. Common law principle that noting of appeal suspends operation of order. Point of law dismissed.

Special Review s 304(4) Criminal Procedure Act 51 of 1977- contravention s 65(1)(a) or (b) and s 65(2)(a) or (b) of the National Road Traffic Act 93 of 1996 – no plea recorded in respect of alternative charge – all elements of offence not admitted on main or alternative counts –conviction and sentence set aside

Filing by the applicants of an interlocutory application to adduce further evidence - suspends the handing down of the judgment on the merits of the main application, without dealing with or deciding the merits of the interlocutory application - the merits of the interlocutory application is to be determined during the adjudication thereof in due course

Application for absolution from the instance at the close of the Plaintiff's case - whether there is evidence upon which a Court, applying its mind reasonably, could or might find for the Plaintiff

Claim for damages - motor vehicle accident - post-morbid loss of earnings - applicable principles re-stated

Delict- claim for damages - issue of liability - assault upon plaintiffshooting plaintiff in his back - by member of the SAPS - self-defence raised - onus - credibility of defence witnesses - onus of justification not discharged

Loss of support – Locus standi of mother of minor child – Minor child – Loss of support - Quantum thereof

Application for condonation - late filing of notice in terms of s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002

Summary judgment - credit agreement - loan contract

Application for leave to appeal – condonation - reasonable prospects of success

Motor vehicle accident - claim for past hospital and medical expenses - general damages - future medical expenses - plaintiff's future loss of earning - contingencies

Section 7(3) of the Divorce Act 70 of 1979 - application of constitutional invalidity - Constitutional Court order entitles spouse in pending litigation to rely on claim of redistribution

Summary judgment – whether replication filed together with summary judgment application may be considered for purpose of determining whether Defendant’s defence is bona fide