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Citation
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Judgment date
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| February 2026 |
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Leave to appeal and admission of fresh Task Team report denied; applicant failed to show reasonable prospects or exceptional circumstances.
Civil forfeiture and appeals – leave to appeal under s 17(1)(a) Superior Courts Act – standard: reasonable prospects or other compelling reasons; New evidence on appeal – requirements: adequate explanation for lateness, prima facie likelihood of truth, materiality; Proceeds of unlawful activities – applicant must establish unlawfulness; municipal Task Team report held not to establish fraud or exceptional circumstances.
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19 February 2026 |
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An LPC dismissal bars re‑litigation of the same misconduct complaint in court; review of the LPC is the proper remedy.
Legal Practice Act s44 – misconduct complaints – finality of LPC investigatory and appeal processes – dissatisfied complainant must review LPC decision rather than re‑litigate same complaint in court; PAIA – access to police/prosecution records – failure to comply with PAIA requirements; abuse of court process – unsubstantiated, vague pleadings.
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18 February 2026 |
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Unlawful extradition alone does not automatically oust trial court jurisdiction; remaining jurisdictional challenges dismissed.
Criminal procedure — special plea of no jurisdiction — effect of unlawful extradition on domestic jurisdiction — evidentiary burden on prosecution to prove jurisdiction beyond reasonable doubt — alleged misrepresentations to foreign authorities (probable cause, fugitive status, flight risk, syndicate involvement) — reliance on foreign extradition court findings and forensic audit evidence.
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18 February 2026 |
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Minor pedestrian with mild TBI, orthopaedic injuries and scarring awarded R600,000 general damages; RAF liable for 90%.
Road Accident Fund – general damages – quantum for minor pedestrian with mild traumatic brain injury, united clavicle and humerus fractures, persistent headaches and forehead scarring – comparative awards as guidance – court’s discretion in assessing fair compensation.
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18 February 2026 |
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Plaintiff awarded R1.9m for loss of earning capacity after defendant's default; general damages separated for later trial.
Road Accident Fund – quantum – loss of earning capacity – passenger injured in collision – orbital/zygomatic and cranial fractures – default judgment and admission of expert reports (rule 38(2)) – reliance on pleaded claim where particulars not amended – separation of general damages (rule 33(4)) – costs including expert fees.
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17 February 2026 |
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A suspended attorney lacking a Fidelity Fund certificate may not represent his firm; courts may vary orders to correct patent errors.
Legal Practice Act s84 – Fidelity Fund certificate – suspended attorney may not practise or handle client funds; Representation of juristic persons – director cannot ordinarily represent company in court absent exceptional leave; Uniform Rule 42(1)(b) – variation or rescission permitted to correct patent errors in orders; Motion courts – variation to align court orders with underlying settlement agreements; Joinder – not required where variation corrects patent error and director lacks substantial interest.
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13 February 2026 |
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Leave to appeal dismissed where applicant failed to show bias, clear error on credibility findings, or prospects of success.
Leave to appeal — prospects of success — judicial bias — review v. appeal — credibility findings — probative value of ‘Letter of Completion’ — allegation of alteration to record not pursued
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13 February 2026 |
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Leave to appeal refused: failure to join and to serve additional trustees rendered amendment fatally defective; appeal lacked reasonable prospects.
Civil procedure — Trusts — Trusts lack juristic personality; trustees must be cited nomine officii — Joinder of all trustees required absent express authority — Amendment to add trustees requires service on trustees to be joined — Non-joinder/service may render proceedings fatally defective — Appealability of refusal to amend when final in effect.
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11 February 2026 |
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A stay of execution was confirmed for an attached refuse truck despite unauthorised company representation, due to public interest.
Uniform Rules; Legal Practice Act s33(1); unauthorised representation of a company; leave for non‑professional representation; stay of execution; public interest; essential service vehicle (refuse truck).
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9 February 2026 |
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Court set aside an association’s refusal to hold disciplinary proceedings and ordered a hearing with costs against the association.
Administrative law – Review of association’s internal disciplinary decision – Whether refusal to institute disciplinary proceedings was proper – Disciplinary code procedures and role of legal representative – Remedy where no internal appeal exists – Costs where opposition withdrawn.
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5 February 2026 |
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Appellate court ordered partial concurrency under s 280 to avoid a disproportionately crushing cumulative sentence for the appellant.
Criminal procedure — Sentence — Appellate interference — Limits of interference for material misdirection or disturbingly inappropriate sentence — Cumulative effect of sentences — Proportionality — Partial concurrency under s 280 Criminal Procedure Act 51 of 1977 to ameliorate unduly crushing aggregate sentence — Kidnapping, murder, escape from lawful custody — Antecedents and absence of remorse as aggravating factors.
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3 February 2026 |
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Condonation under s3 Act refused for excessive unexplained delay, weak prospects of success, and prejudice to respondents.
Condonation — s 3 Institution of Proceedings Against Certain Organs of State Act 40/2002 — requirements for condonation: full and reasonable explanation, prospects of success, and prejudice to organ of state — onus on applicant to provide detailed, evidence-based reasons for delay — excessive unexplained delay and weak merits justify refusal.
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2 February 2026 |
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Leave to appeal refused: no reasonable prospects of success under s17(1) regarding interdict and contractual/electricity disputes.
Leave to appeal – section 17(1) Superior Courts Act – reasonable prospects of success – interdictual relief – contractual rights under User Agreement – notarial deed void for non-registration – alternative remedies (Eskom) – inadmissible new evidence on leave application.
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2 February 2026 |
| January 2026 |
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General damages postponed because the respondent neither accepted nor rejected the RAF4; expert-report conflicts delay other awards.
Motor-vehicle collision — RAF concedes merits — Rule 38(2) affidavits admitted for quantum — s 17(1A) and Regulation 3(3)(dA): RAF must accept/reject RAF4 within prescribed period — court lacks jurisdiction to award non-pecuniary loss where RAF neither accepted nor rejected RAF4 — expert-report discrepancies (occupational therapist v industrial psychologist) undermine actuarial loss-of-earnings and future-medical projections — s 17(4)(a) undertaking deferred.
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30 January 2026 |
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Court balanced Rule 21(2) compliance against fairness, ordering particulars within ten days and authorising strike‑out application if respondent defaults.
Civil procedure – Uniform Rule 21(2) – application to compel further particulars – court’s discretion to balance procedural compliance against fairness and proportionality – prior procedural inactivity and timing during festive recess relevant to relief and costs.
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30 January 2026 |
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The appellant's sentence for fraud was reduced after the trial court overemphasised seriousness and insufficiently considered mercy.
Criminal law – sentence – appellate interference with sentencing discretion (Malgas) – balancing Zinn factors including mercy (Rabie) – fraud exploiting vulnerability – first offender, prospects of rehabilitation – reduction and ante-dating of sentence.
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29 January 2026 |
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Seizure unlawful where police lacked specific, articulable facts to establish reasonable suspicion.
Criminal procedure – seizure of suspected stolen property – reasonable suspicion must be specific and articulable, not a hunch; evidentiary requirement for stakeholder identification; urgency and interim interdicts against the state (s 35 General Law Amendment Act).
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28 January 2026 |
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A rule 30A striking‑out application failed: rule 30A prescribes a 10‑day notice but no further fixed filing timeframe; merits of rescission timing remain for hearing.
Civil procedure – Uniform Rules of Court – rule 30A enforcement procedure – 10‑day notice to rectify; no additional fixed timeframe for launching striking‑out application. Procedural compliance – rule 6(5)(a) and 6(5)(b)(iii) – notice of motion requirements and filing of notice to oppose. Rescission – interplay of rule 31(2)(b) and rule 42(1)(a) – substantive time‑bar issues to be decided on rescission merits. Distinction between rule 30A and rule 30 (irregular steps). Abuse of process and delay considered but not decisive for striking out.
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26 January 2026 |
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Shopkeeper liable for 70% of slip‑and‑fall damages where ramp was too steep, wet and lacked safety features.
Delict — premises liability; duty of care of shopkeeper to customers at entrance ramp — non‑compliant ramp gradient (SANS 400 D), absence of handrails and anti‑slip measures — causation of slip‑and‑fall injury — contributory negligence and apportionment — admissibility and weight of expert slip‑resistance testing.
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22 January 2026 |
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Plaintiff proved engineering-career future loss but failed to prove projected professional rugby career; defendant liable for 90%.
Road Accident Fund — quantum of damages — proof of future loss of earning capacity — contested professional-sport career prospect vs engineering-career scenario — actuarial and industrial-psychology evidence; apportionment 90/10; s 17(4)(a) undertaking; costs.
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22 January 2026 |
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Court refused interim interdict restraining trustees’ transfers, finding no clear right and sales valid under insolvency authorisations.
Insolvency law — interim interdict pendente lite restraining trustees from transferring estate assets — requirements for interlocutory interdict; insolvency practice — trustee powers to sell immovable property prior to second meeting where Master gives permission (s 18(3) read with s 80(bis)); auction law — compliance with auction rules and Consumer Protection Act regulations governing deposits, confirmation period and commissions; locus standi of insolvent/reversionary interests; late affidavits (pro non scripto); alleged conflict of interest under Legal Practice Council rule 58.8.
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22 January 2026 |
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Applicants failed to show a right to interdict trustees from transferring insolvent estates' property pending a Master's inquiry.
Insolvency law – interim interdict standards – section 152 Master’s powers – sale of assets prior to second meeting (s 18(3)/s 80(bis)/s 82) – auction rules and Consumer Protection Act regulations – trustees’ fiduciary duties and creditors’ directions – locus standi – conflict of interest for practitioners.
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22 January 2026 |
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Court enforces personal guarantees and settlement agreement; trust resolution authorising guarantee held valid under the trust deed.
Trust law – interpretation of trust deed – written resolutions and round‑robin clauses (clause 8.5) – unanimous written approval for guarantees (clause 8.6.4) – enforceability of guarantees; Contract/public policy – Barkhuizen approach to contractual fairness and enforcement; Credibility and summary judgment – failure to raise bona fide factual dispute.
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22 January 2026 |
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Court made settlement an order under Rule 41, finding no duress and no breach of s35(12) of the Administration of Estates Act.
Civil procedure – Uniform Rule 41 – settlement reduced to writing and unenforced – application for judgment in terms thereof; Contract law – undue influence and duress – threat to sue/continue litigation not contra bonos mores; Administration of Estates Act s35(12) – distinction between judgment recording a claim and execution against estate; Procedural duty – dominus litis to cite/serve Master; Costs – allocation and scales.
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22 January 2026 |
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22 January 2026 |
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Fraudulent transfers after a lapsed suspensive sale do not pass ownership; transfers set aside and title restored to the victim.
Transfer of immovable property — suspensive condition lapses if not fulfilled — abstract theory requires registration plus valid real agreement — fraud or forged/defective documents prevent ownership passing despite registration — nemo plus iuris: one cannot transfer better title than one has — fraudulent back-to-back transfers set aside; property restored to original owner.
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19 January 2026 |
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Whether termination without prior demand where no time fixed constitutes repudiation and warrants specific performance.
Urgent application – Rule 6(12) – urgency and absence of substantial redress; Contract law – mora ex persona – where no time fixed interpellatio required; Repudiation – premature termination without demand; Specific performance – ordered where termination invalid and damages inadequate; Arbitration clause – does not oust court’s jurisdiction for urgent relief.
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19 January 2026 |
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Assessment of future loss of earnings after childhood brain injury; late plea‑amendment/postponement refused, expert reports admitted.
Damages — motor vehicle accident — future loss of earnings; admission of expert affidavits and medico‑legal reports (Rule 38(2) and s3(1) LOEAA); refusal of late application to amend plea/postpone; assessment and application of contingencies in actuarial calculation.
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19 January 2026 |
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Court awarded R1,100,000 general damages to applicant after accepting unchallenged expert evidence of multiple serious injuries.
Road Accident Fund claim – determination of general damages – acceptance and weight of unchallenged expert reports – assessment of non-patrimonial loss (brain injury, orthopaedic injury, sensorineural hearing loss, neurogenic bladder) – judicial discretion in quantum – costs and interest provisions.
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16 January 2026 |
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Provisional liquidation granted where statutory demand was served, payment-arrangement request did not show bona fide dispute, and lis pendens did not apply.
Companies Act — Provisional liquidation — s 344–345 Old Act/schedule 5 of New Act — statutory letter of demand (s 69(1)(a)) — bona fide dispute requirement — lis pendens/lis alibi pendens — amendment of citation following conversion from CC to Pty Ltd — costs in liquidation.
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16 January 2026 |
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Head-on collision caused by insured crossing centre line; plaintiff partly negligent, damages apportioned 70/30 in plaintiff's favour.
Road Accident Fund liability – head-on collision – vehicle crossing centre line – contributory negligence for failure to keep proper lookout – apportionment of damages 70/30 – caution in undefended RAF matters.
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15 January 2026 |
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Court varied its prior judgment mero motu to correct omission and awarded costs, including counsel on scale B.
Civil procedure – variation of judgment under Uniform Rule 42(1)(b) – mero motu correction of accessory or consequential omissions – costs follow the result – Firestone principle applied.
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14 January 2026 |
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Appellant’s condonation for a six‑month late notice of appeal dismissed due to gross non‑compliance and inadequate explanation.
Civil procedure — condonation for late notice of appeal — gross non‑compliance with court rules; defective condonation filed in magistrates’ court (Magistrates’ Courts rule 60(5)(a)); rescission of default judgment — requirement to disclose grounds of defence (Magistrates’ Courts rule 49(3)); prospects of success weighed against delay and prejudice; respondent’s short delay in filing answering affidavit condoned.
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14 January 2026 |
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Summary judgment refused where defendants disclosed bona fide triable defences and a substantial counterclaim.
Civil procedure – Summary judgment – Requirement that defendant fully disclose nature, grounds and material facts of a bona fide defence – Illiquidity and absence of annexed price schedule/delivery notes – Certificate of balance and founding affidavit by legal practitioner – Counterclaim for unjustified enrichment.
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8 January 2026 |
| December 2025 |
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Condonation and leave to appeal refused for inordinate delay, lack of prospects, and absent locus standi.
Civil procedure — condonation for late filing — Melane/Grootboom factors; Leave to appeal — s 17 Superior Courts Act — reasonable prospects of success; Locus standi — effect of final liquidation on director's capacity; Costs — personal costs order (party-and-party).
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29 December 2025 |
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Assault and contravention of a protection order are distinct offences; convictions confirmed, count 3 remitted for sentencing.
Criminal law — duplication of convictions — assault and contravention of protection order arising from same incident — distinct offences with different elements; sentencing, not conviction, addresses double punishment risk.
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19 December 2025 |
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A duplicate theft conviction was set aside and the matter remitted for sentencing on the substantive housebreaking count.
Criminal law — Duplication of convictions — Splitting a single substantive offence into multiple counts — Special review under s 116(3) — Setting aside duplicated conviction and remitting for sentencing.
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19 December 2025 |
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Condonation for 21-day late statutory notice refused because prospects of success were lacking and state would be prejudiced.
Institution of Legal Proceedings against Certain Organs of State Act s 3(4) – condonation for late notice – conjunctive requirements: no prescription, good cause, no unreasonable prejudice – prospects of success relevant to good cause – malicious arrest, detention and prosecution claims – service on correct organ of state.
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18 December 2025 |
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Appeal dismissed: conviction and life sentence upheld after proper evaluation of evidence and sentencing discretion.
Criminal law – Sexual offences – Evaluation of complainant’s credibility and need for caution – Corroboration by sibling and accused’s statement – Sentencing – Substantial and compelling circumstances under S v Malgas – Life imprisonment for rape of a minor by a parent.
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18 December 2025 |
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Hospital records and related documentation constituted substantial compliance with s 24, so the Fund's special pleas were dismissed.
Road Accident Fund Act s 24 – procedure for lodging claims – substantial compliance – medical report requirements (s 24(2)(a)) – hospital records as substantial compliance – s 24(5) objection within 60 days – special pleas of non‑compliance, prematurity and prescription dismissed.
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17 December 2025 |
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A notice of bar is irregular where the respondent’s attorney’s authority is disputed under rule 7(1) until court determination.
Procedure — Uniform Rules of Court — Rule 7(1): dispute of attorney’s authority — court must be satisfied of authority; filing power of attorney not automatically dispositive. Rule 30: irregular steps — notice of bar set aside. Rule 22(1): 20-day pleading period postponed until court determination of authority.
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12 December 2025 |
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Notice of bar served while attorney authority was disputed is irregular; court must be satisfied of authority before further steps.
Civil procedure — Uniform Rules of Court — Rule 7(1) — disputed authority of attorney — court must be satisfied of authority before attorney may act; production of power of attorney or interlocutory proceeding may be required. Civil procedure — Rule 30 — irregular steps — setting aside notice of bar served while authority disputed. Civil procedure — Rule 22(1) — time for plea/exception runs from day after court determines authority.
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12 December 2025 |
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Contempt application failed because the municipality’s non‑compliance was not proved willful or mala fide beyond reasonable doubt.
Civil contempt — consent order — requirements: existence, service, non‑compliance, willfulness and mala fides beyond reasonable doubt — Plascon‑Evans evidential approach — settlement as court order does not per se bar other remedies — practical impediments to performance (encumbrances, bond terms, costs) may raise reasonable doubt.
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11 December 2025 |
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Contempt not proved beyond reasonable doubt; maintenance and related disputes referred to the Maintenance Court, each party to bear own costs.
Maintenance orders – contempt of court – requirements of existence, service, disobedience, wilfulness and mala fides – Plascon‑Evans rule – financial incapacity and change of circumstances – referral to Maintenance Court under Maintenance Act – best interests of children and inappropriate use of High Court to resolve parental acrimony.
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9 December 2025 |
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Genuine factual disputes on existence and terms of an alleged partnership required referral to oral evidence; late reply condoned.
Civil procedure – motion proceedings vs action – material disputes of fact – Rule 6(5)(g) referral to oral evidence; Partnership law – requirements for (universal/ordinary) partnership between spouses married out of community; Admissibility of new evidence in reply – introduction of bank statement (annexure "ISA 08") and discretionary grant of leave to file further affidavit.
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5 December 2025 |
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Whether RAF breached judgment by failing to pay interest and taxed costs and whether contempt orders should be enforced.
Road Accident Fund — failure to pay interest and taxed costs under judgment — typographical/identity‑number error in pleadings — bona fide clerical mistake — contempt proceedings against CEO and execution of suspended sentence — rescission application to set aside prior orders — costs.
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5 December 2025 |
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Failure to appear on bail is a statutory offence under s67A requiring a formal charge and trial; summary inquiry impermissible.
Criminal Procedure Act s67A – failure to appear on bail – statutory offence – requirement for formal charge-sheet and full trial – summary inquiry impermissible – State to prove guilt beyond reasonable doubt.
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5 December 2025 |
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Court applied a 10% post‑morbid contingency and awarded the plaintiff R283,756 for future loss of earnings.
Road Accident Fund – quantum – future loss of earnings – contingency deductions – admissibility of uncontested expert and actuarial evidence – court’s discretionary assessment based on claimant’s personal circumstances.
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5 December 2025 |
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The applicant was partly negligent; the respondent liable for 75% of proven damages.
Road traffic negligence – two-lane straight road – potholes causing oncoming heavy vehicle to veer across centre line – weight of witness estimates and photographs – duty of driver on correct side to take reasonable evasive action – sudden emergency principle considered – apportionment of damages 75/25 in favour of plaintiff.
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3 December 2025 |
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Court dismissed review of Master's withdrawal of s18(3) letters, directing Chief Master to review under s95.
Administration of Estates Act – section 18(3) small estates procedure – issuance and withdrawal of letters of authority; section 95 Chief Master's review as primary remedy; inapplicability of section 54 to section 18(3) representatives; duty to disclose assets and descendants; potential need for executor dative.
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3 December 2025 |