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Citation
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Judgment date
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| September 2024 |
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Court admits deceased officers’ statements and police docket as hearsay evidence in interests of justice, costs in cause.
Evidence — admissibility of hearsay — Law of Evidence Amendment Act s 3 — Civil Proceedings Evidence Act — admission of police statements and docket where declarants deceased — weighing procedural prejudice against probative value — Rule 37 pre-trial agreement.
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18 September 2024 |
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The court upheld convictions and life sentences for rape and related crimes, confirming admissibility of hearsay evidence and appropriate sentencing.
Criminal law – Rape – Child complainants – Cautionary rule for single and child witnesses – Admissibility of hearsay evidence under section 3(1)(c) of Law of Evidence Amendment Act – Sentencing – Minimum sentences – Consideration of personal circumstances and aggravating factors – Grounds for appeal against conviction and sentence.
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18 September 2024 |
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Urgent bid to relocate child and restrict mother dismissed for lack of urgency and failure to show best interests.
Children’s Act — urgency in interim relief; best interests of the child; parenting plan enforcement; lis pendens and collateral proceedings; abuse of court process; punitive costs order (attorney-and-client, counsel on scale A).
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17 September 2024 |
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Whether the State of Disaster and lockdown created supervening impossibility to extinguish payment obligations for contractor's delay costs.
Contract law – Construction contract governed by GCC – Delay and extension of time – whether national State of Disaster and COVID‑19 lockdown created supervening impossibility to extinguish payment obligations. Supervening impossibility – requirements: absolute not probable, absolute not relative, not caused by party, no contrary common intention. Clause 9 (termination) – failure to terminate preserves entitlement to recover additional costs. Remedies – payment, interest, costs (Scale B).
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17 September 2024 |
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Appeal dismissed: trial court properly credited child single-witness evidence; delay and lack of medical corroboration were not fatal.
Criminal law – Sexual offences – Child complainant – Cautionary approach to single witness evidence; conviction may stand on single competent witness where credibility properly assessed. Criminal law – Sexual offences – Delay in reporting – s 59 of Act 32 of 2007: delay not to be the sole basis for an adverse inference. Evidence – Lack of medical corroboration – not necessarily fatal to prosecution where credibility and probabilities favour the State. Procedure – Post-conviction withdrawal of complaint – irrelevant to safety of conviction; court functus officio post-conviction. Appeal – Appellate deference to trial court credibility findings; sentencing discretion reviewed on merits.
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13 September 2024 |
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Reported
The MEC, not the Board, is the competent executive authority to investigate and initiate discipline against the CEO who is a board member.
Administrative law; Public Finance Management Act — Treasury Regulation 33.1.3 — where accounting authority or its member is alleged to have committed financial misconduct, relevant executive authority (MEC) must initiate investigation; Delegation — s141 of provincial Act; Appointment power implies power to dismiss/discipline; Authority of board as accounting authority vs authority over members.
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12 September 2024 |
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Statutory provisions permitting only women to change surname on marriage held to discriminate against men in breach of equality.
Births and Deaths Registration Act — assumption or resumption of surname; section 26(1)(a)–(c) and Regulation 18(2)(a) — gender and marital‑status discrimination; equality (section 9); unjustifiable limitation; interim declaratory and remedial relief; costs including two counsel.
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12 September 2024 |
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Court exercises discretion under Rules 67A and 69 and awards counsel’s fees on scale B in settled unlawful arrest/malicious prosecution claim.
Costs – Uniform Rules 67A and 69 (effective 12 April 2024) – costs order must indicate a Rule 69 scale – court may consider complexity, value and importance under rule 67A(3)(b) when fixing scale – taxing master retains discretion to determine reasonable amount within chosen scale – judicial discretion in awarding scale B on facts of settled High Court action involving unlawful arrest/detention and malicious prosecution claims.
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12 September 2024 |
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Credit bureau failed to verify adverse 'bad debt' listings under NCA s70(2)(c); listing expunged and respondents ordered to pay costs.
National Credit Act s70(2)(c) – credit bureau’s duty to take reasonable steps to verify consumer credit information before publication. National Credit Act s72 – challenge and investigation procedure; interplay with s70 verification duty and judicial review. Procedural standing – locus standi and authority of deponent in motion proceedings. Form of affidavits – requirements for commissioners’ initials; effect of alleged commissioning defects. Costs – refusal of de bonis propriis order; award of costs against respondents and wasted costs against applicants.
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12 September 2024 |
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Condonation granted for late statutory notice under s 3 Act 40/2002 where claim not prescribed, no proven prejudice, and good cause shown.
Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 — s 3 statutory notice — condonation under s 3(4)(b) — conjunctive requirements: no prescription, good cause, absence of unreasonable prejudice — attorney error and access to court — interest of justice.
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12 September 2024 |
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A Rule 23(1) exception is a valid response to a notice of bar; Rule 30A application dismissed.
Civil procedure — Notice of bar — Rule 23(1) exception — Whether an exception is a valid response to a notice of bar; Rule 30A application to set aside an alleged irregular step.
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12 September 2024 |
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Breach of settlement order: applicant entitled to judgment and execution against respondent's mortgaged primary residence.
Execution; Sale in execution of mortgaged sectional-title property; Primary residence protection under Rule 46/46A; Enforcement of settlement agreement made an order of court; Requirement for independent valuation; Judicial oversight (Jaftha, Eke, Pygon); Burden of proof on debtor to show indigence or alternatives.
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12 September 2024 |
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Divorce granted; applicant awarded short-term rehabilitative maintenance; child maintenance and ancillary orders; claimant's R1,000,000 claim dismissed.
Divorce — irretrievable breakdown; post-divorce spousal maintenance — need and ability to pay; rehabilitative maintenance; retention on medical aid; children — custody, primary residence, contact and maintenance; oral agreement for loss of household goods — burden of proof; rule 34 tender and rule 43 pendente lite relief.
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12 September 2024 |
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Two‑day condonation granted; respondent ordered to produce 2022 and 2023 ledger accounts under Rule 35(14).
Civil procedure – Rule 35(14) – production of specified documents (ledger accounts) necessary to enable pleading under Rule 22(2); scope of Rule 35(14) not a mechanism for general fishing; condonation – factors and exercise of discretion for short delay; relevance and specification requirements for document production.
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10 September 2024 |
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Arrest and prosecution were lawful; no malice in prosecution; plaintiff’s delictual claims dismissed.
Delict — unlawful arrest and detention; reasonable suspicion under s 40(1)(b) Criminal Procedure Act; exercise of arresting officer’s discretion; malicious prosecution — requirements (instigation, reasonable and probable cause, malice, failure); prosecutorial discretion and s 50(6)(d) CPA; withdrawal of charges not per se evidence of malice.
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10 September 2024 |
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Defendant held 100% liable for pedestrian collision based on uncontested plaintiff evidence and corroborating scene evidence.
Road Accident — Pedestrian struck at intersection — Onus of proof — Uncontested plaintiff evidence and corroborative scene evidence (tyre marks, vehicle damage, sketch) sufficient to establish causation; adverse inference where defendant/driver does not testify (Galante v Dickinson) — No contributory negligence — Defendant 100% liable; costs including counsel’s fees on scale B.
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5 September 2024 |
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Reported
Municipality liable for fire damage due to unjustified water interruption; consequential loss claim not proven.
Municipal liability — water supply interruption — statutory duty to supply water within means and resources — wrongfulness where no justification pleaded — negligence for failure to warn/mitigate foreseeable risk — causation established for general patrimonial loss; consequential loss not proved.
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5 September 2024 |
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No binding compromise existed because the applicant failed to prove acceptance of the R25,000,000 settlement offer.
Settlement/compromise – whether a binding compromise concluded – offer and acceptance – requirement for unequivocal acceptance and written confirmation where parties intended written memorialisation; evidentiary onus on party alleging compromise; oral telephone acceptances and uncorroborated arrangements insufficient; procedural suitability of motion proceedings where disputes of fact exist.
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5 September 2024 |
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Court grants absolution in electrocution case due to lack of evidence on ownership and control of powerlines.
Electricity Regulation Act liability – Minor injured by powerline – proving Eskom's ownership/control of infrastructure – Absolution from instance.
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5 September 2024 |
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Applicant failed to establish urgency to abridge respondents' time; urgent enrolment dismissed; each party to pay own costs.
Urgency – abridgement of time periods under the Uniform Rules – applicant must show intervening causa and justify deviation from 10/15-day rules; relief sought must justify urgent hearing; prejudice to respondents relevant to urgency and costs.
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3 September 2024 |
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Court postponed urgent business rescue application due to inadequate proof of statutory notification and late-filed material.
Companies Act – s 131 business rescue applications – urgency – requirement to notify affected persons (s131(2)(b)) is substantive and strict proof required; admission of late affidavits and documents – discretion to admit where material to issues of urgency and merits; alleged loss of service provider and third‑party funding relevant to urgency and merits.
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3 September 2024 |
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Whether a moderate childhood head injury reduced plaintiff's prospects for NQF7 and justified a 40% contingency on future earnings.
Road Accident Fund – quantum – moderate childhood head injury causing neurocognitive and neurobehavioral impairment – impact on educational attainment (NQF 6 v NQF 7) – assessment of future earning capacity – application of contingencies (40%) to actuarial loss calculations – award of general and past/future loss of income; section 17(4)(a) undertaking; costs including expert fees and senior counsel.
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3 September 2024 |
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Malicious home arrest and seven months' detention warranted R1,000,000 for infringement of liberty, dignity and inadequate medical care.
Constitutional and delictual liability – unlawful arrest and detention – malicious and humiliating execution of arrest (naked, unarmed suspect; firearms pointed). Conditions of detention – overcrowding, lack of privacy in ablutions, inadequate bedding, and insufficient medical/physiotherapy care as aggravating factors. Quantum – assessment of general damages for deprivation of liberty, injury to dignity and psychological integrity; loss of earnings must be proven to succeed. Costs – successful plaintiff awarded costs with counsel’s fees taxed on scale B.
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3 September 2024 |
| August 2024 |
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Medical aid payments do not extinguish RAF liability; plaintiff awarded past medical expenses of R76,997.14.
Road Accident Fund – s 17(1) RAF Act – liability for past medical expenses – medical aid payments do not bar RAF liability (res inter alios acta) – proof on balance of probabilities – unopposed amendment to claimed amount allowed.
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30 August 2024 |
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Plaintiff’s return to the Republic rendered a security-for-costs appeal moot; further evidence on appeal was admitted.
Civil procedure – Security for costs – Rule 47 and s 25 of the Superior Courts Act – resident within Republic but outside division’s area cannot be required to give security solely for that residence; peregrinus status loses relevance on return. Appeals – Admission of further evidence – exceptional circumstances; Pepkor criteria applied: weighty, material, credible, and explanation for late tendering. Mootness – appeal dismissed where subsequent events eliminated any practical effect; interests of justice considered. Costs – usual rule that costs follow the result applied where appellant persisted despite being forewarned.
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30 August 2024 |
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The court held the respondent in contempt for failing to comply with a court-ordered document discovery.
Contempt of court – Compliance with discovery orders – Relevance and completeness of disclosed documents – Wilfulness and mala fides – Costs on attorney-client scale
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29 August 2024 |
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An unpaid judgment debt and unsupported financial projections justified final winding up of the close corporation.
Winding-up (Close Corporation) – inability to pay debts – judgment creditor’s right to winding up – s69(1)(a) demand not conclusive – speculative financial projections insufficient to rebut insolvency.
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29 August 2024 |
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A shareholder’s proxy and prior order did not vest authority to litigate for the company; locus standi lacking, punitive costs awarded.
Company law – separate juristic personality – management and litigation authority vested in board (s66 Companies Act) – shareholders cannot sue for company without express authority or board resolution – proxy limited to shareholder meeting does not confer authority to litigate – locus standi – costs punitive (attorney-and-client).
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27 August 2024 |
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A RAF1 form need only be substantially compliant; accompanying records enabling investigation suffice, so the Fund must show prejudice to invalidate a claim.
Road Accident Fund Act – section 24 – RAF1 form – peremptory submission requirement; completeness directory – substantial compliance sufficient. Purpose of RAF1 – to enable investigation of merits, not to assess quantum. Prejudice test – Fund must be shown to be prejudiced by omissions before claim invalidated.
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27 August 2024 |
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Condonation granted for late answering affidavit where limited delay, bona fide defences and interests of justice warranted indulgence.
Civil procedure – condonation for late filing of answering affidavit – interests of justice standard; adequacy of explanation for delay; prospects of success of defence; settlement negotiations; costs order including senior counsel on scale C.
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26 August 2024 |
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Court grants condonation for the late filing of affidavit due to public interest and potential merit of defenses.
Condonation application – Late filing of affidavit – Explanation for delay – Prospects of success – Costs – Public interest.
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26 August 2024 |
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Applications dismissed: ineffective‑assistance allegations unsupported and contempt claim failed for lack of service and lawful LASA merit assessment.
Administrative law; legal aid – discretion and eligibility under Legal Aid Act/regulations; contempt of court – requisites (order, service/knowledge, non‑compliance) and burden of proof; ineffective assistance allegations require factual proof.
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26 August 2024 |
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Condonation granted and leave to appeal allowed against an allegedly excessive 40‑year sentence, on grounds of reasonable prospects of success.
Criminal law – sentence – application for condonation of late application for leave to appeal – interests of justice – reasonable prospects of success on appeal against an allegedly excessive cumulative 40‑year sentence – concurrency of sentences.
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26 August 2024 |
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Court orders updated actuarial calculation using specified contingencies and retirement age for plaintiff's loss of earnings claim.
Personal injury — quantification of loss of earnings/earning capacity — evaluation of medico-legal and vocational expert evidence — selection of actuarial scenario and contingencies — retirement age and calculation date for actuarial computation.
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23 August 2024 |
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Application for leave to appeal dismissed; trial court’s factual findings and negligence apportionment upheld.
Civil procedure – leave to appeal – Superior Courts Act s 17(1)(a): test remains whether another court could reasonably arrive at a different conclusion or there are compelling reasons; negligence – apportionment in road‑maintenance cases; state duty to maintain roads versus conduct of road user; credibility and assessment of single-witness evidence.
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23 August 2024 |
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Court dismisses condonation application for late compliance, citing lack of all statutory criteria and prescribed personal claim.
Condonation application under Institution of Legal Proceedings Against Certain Organs of State Act – Compliance requirements – Prescription – Authority of attorney.
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23 August 2024 |
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Applicant failed to show reasonable prospects of success; leave to appeal dismissed with costs on scale B.
Leave to appeal – section 17 Superior Courts Act – test of reasonable prospects of success – appellate deference to trial court’s factual and credibility findings – no other compelling reason – costs on scale B.
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22 August 2024 |
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Amended claim failed to disclose a cause of action for unjustified enrichment; appeal dismissed with costs.
Civil procedure – exception upheld – amended particulars of claim – no cause of action disclosed – unjustified enrichment not substantiated.
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22 August 2024 |
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PAJA s5 reasons furnished belatedly but adequately; bid cancellation rendered document relief moot; costs awarded for respondents’ indolence.
Promotion of Administrative Justice Act s 5 – request for written reasons for unsuccessful tender – adequacy of reasons where bid cancelled – production of adjudication documents rendered moot – costs ordered for respondents’ indolence, Scale B.
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22 August 2024 |
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Court refuses to remove reserve where required Rule 46A sheriff’s report and reconsideration under s 26 protections were absent.
Rule 46A – sale in execution of immovable property – reserve price – requirement for comprehensive sheriff’s report under Rule 46A(9)(d) – court’s reconsideration duties under Rule 46A(9)(b) and (c) – protection of s 26(1) right to adequate housing – failure to provide requisite information warrants dismissal of application to remove reserve.
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22 August 2024 |
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RAF’s failure to instruct counsel rendered the matter unopposed; court awarded damages, ordered trust and costs.
Road Accident Fund – procedural failure to provide instructions – treating matter as unopposed and ordering costs against RAF Civil procedure – admission of expert medico-legal reports in terms of Rule 38(2) where proceedings unopposed Quantum – assessment of future loss of earnings (diploma vs degree scenarios, contingency deductions) Damages – award of general damages for childhood traumatic brain injury Trusts – protection of capital via inter vivos trust and RAF s17(4)(a) undertaking for future medical costs
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21 August 2024 |
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District magistrates may convict offences with mandatory minimums; regional court not confined to prior mitigation when sentencing.
Criminal procedure – jurisdiction of district magistrate to try offences attracting statutory minimum sentences – section 51(2)(b) concerns sentencing not trial competence; sentencing procedure – referral to regional court – section 274(1) permits receipt of further evidence before sentence, regional court not restricted to prior mitigation/aggravation.
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21 August 2024 |
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Appropriate contingency deductions for loss of earnings after a road accident: 25% pre-morbid and 60% post-morbid applied.
Road Accident Fund — assessment of contingency deductions for past and future loss of earnings; residual disability (uneven gait, pain) limiting capacity for physical work; consideration of retrenchment causes and labour market conditions; acceptance of expert reports; application of 25% (pre-morbid future) and 60% (post-morbid future) contingencies.
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20 August 2024 |
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Leave to appeal refused where applicants failed to show reasonable prospects on urgency, spoliation, interim interdict and costs.
Appeal – Leave to appeal – requirement of reasonable prospects of success or compelling reason under Superior Courts Act – applicants’ onus. Civil procedure – urgency – whether matter was urgent. Spoliation – requirements for restoration of possession. Interim interdict – requirements (well-grounded right, injury, balance of convenience). Costs – discretion to award costs where appeal lacks prospects.
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20 August 2024 |
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Appellate court upheld conviction and life sentence: single‑witness evidence and delay in reporting were reasonably explained and not fatal.
Criminal law – rape – single‑witness evidence – application of caution and holistic assessment of corroborating evidence; Criminal procedure – delay in reporting sexual violence – shame, stigma and first opportunity reporting not determinative; Appeal – deference to trial court’s credibility findings absent misdirection or clear incorrectness; Sentencing – minimum prescribed life sentence – Malgas principles applied; prior rape conviction and being on parole as aggravating factors.
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20 August 2024 |
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Leave to appeal to the full bench granted over disputed conferral of an academic Diploma and related statutory and practicality issues.
Administrative law – specific performance – conferral of academic qualification – whether statutory prohibition (s 65D(1) Higher Education Act) prevents conferral; proof of compliance with qualification requirements; practicality of ordering specific performance; leave to appeal to full bench granted.
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20 August 2024 |
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Leave granted to appeal on reasonable prospects regarding counsel and provincial authority to institute proceedings.
Civil procedure – leave to appeal under s17 Superior Courts Act – appeal requires reasonable prospect of success or other compelling reason. Civil procedure – authority to institute proceedings – Rule 7 and attorney’s authority; authority of organisational office-bearers to act for national entity. Procedural challenge – whether Rule 7 notice properly targeted the deponent’s authority. Appeal procedure – direction that appeal be heard by Full Court under s17(6)(a).
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20 August 2024 |
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Leave to appeal dismissed: proposed appeal lacked reasonable prospects and procedural objections to the interdict were unfounded.
Application for leave to appeal — s17(1)(a) Superior Courts Act — threshold of reasonable prospects of success; Interdicts — may be sought in ordinary applications; Uniform Rule 6(12) governs urgency only; Plascon-Evans principle — applicability after rejection of replying affidavit questioned but not shown to give reasonable prospects of success; Costs orders against respondents.
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20 August 2024 |
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Application to set aside final winding‑up order dismissed for failure to prove misrepresentation, lack of locus standi, or sufficient cause.
Companies/Close corporations – winding‑up – application to set aside final liquidation order on common‑law rescission grounds; locus standi of bank based on cession of book debts; rescission on grounds of fraud/misrepresentation requires proof of subjective knowledge and intent; delay and prejudice to creditors bar relief.
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16 August 2024 |
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The court dismissed the appeal against rape convictions and upheld the life sentence due to lack of compelling circumstances.
Criminal Law – Rape – Credibility of witnesses – Substantial and compelling circumstances – Minimum sentence – Improbability of the accused's version.
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15 August 2024 |