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Citation
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Judgment date
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| July 2025 |
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Liquidators entitled to itemised two‑year rates particulars and clearance figures; municipality’s counter‑claim improperly brought and dismissed.
Local Government: Municipal Systems Act s 118 - rates clearance certificates and two‑year limitation; Insolvency Act s 89 interplay with s 118 for insolvent estates; municipal obligation to provide full, itemised clearance particulars; municipal claims in insolvency must be proved at creditors' meeting; counter‑application seeking declaratory relief and payment dismissed where improperly pleaded and inconsistent.
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18 July 2025 |
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The case highlights the authority of a municipal manager in debt settlement versus rebate agreements, emphasizing procedural fairness.
Local government - Municipal law - Settlement agreements - Authority of municipal manager in debt settlements distinguished from rebates governed by council authority - Impact of unreasonable delay in self-review applications.
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18 July 2025 |
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Defendant granted leave to amend plea to raise prescription defence over invoices newly pleaded by plaintiff; no costs ordered.
Civil procedure – amendment of pleadings – Rule 28 – amendments allowed unless mala fide or causing prejudice that cannot be cured – special plea of prescription permitted where late discovery of invoices raises bona fide defence.
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17 July 2025 |
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Court appointed amicus curiae and extended filing deadlines to protect unrepresented respondents' PIE and constitutional rights before adjudicating eviction.
PIE – Eviction proceedings – Application for eviction under PIE where respondents include minors and are unrepresented – appointment of amicus curiae to ensure fair presentation of constitutional and statutory issues. Constitutional law – s 26 right to adequate housing – procedural safeguards required before eviction orders made. Civil procedure – postponement and extension of filing periods; supplementary affidavits and heads of argument; costs reserved.
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15 July 2025 |
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A body corporate may not by resolution exempt an owner from statutory levy obligations; applicant's interdict dismissed.
Sectional Titles — Levies: collection of levies is a statutory duty under the STSMA/STA; a body corporate has no power to exempt owners by resolution (ultra vires, void ab initio).; Reviewability: trustee/body corporate managerial decisions are not 'administrative action' under PAJA and so are not reviewable under PAJA.; Interdict: failure to establish a clear right precludes grant of final mandatory interdict enforcing an unlawful resolution.; Prior practice of issuing clearance figures does not validate an unlawful or ultra vires resolution.
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14 July 2025 |
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Applicant must join Home Affairs because only it can verify identity numbers; court declined to amend records absent joinder.
Non-joinder – necessity to join party with direct and substantial interest; identity verification – Home Affairs as sole statutory custodian; court may not usurp verification/rectification of identity documents; declaratory relief seeking amendment of institutional records requires joinder of Home Affairs; costs follow cause (costs of two counsel ordered).
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14 July 2025 |
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Appellate court reduced mandatory life term for repeat rape, finding cumulative substantial and compelling circumstances justified 25-year sentence.
Criminal law – Sentence appeal – s 51(1) CLAA prescribed life sentence for repeat rape – substantial and compelling circumstances to deviate – obligation to evenly evaluate mitigating and aggravating factors; incarceration awaiting trial and first-offender status may cumulatively justify lesser long-term imprisonment.
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10 July 2025 |
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Summary judgment refused where defendants raised a bona fide, triable defence based on settlement and payments to liquidators.
Civil procedure – summary judgment – Rule 32 – defendant must fully disclose nature, grounds and material facts of bona fide defence – payment/settlement with liquidators raising triable issues – discretion to refuse summary judgment where factual disputes exist.
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10 July 2025 |
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The respondent lawfully arrested and detained the applicant on reasonable suspicion under section 40(1)(b).
Criminal procedure – Arrest without warrant – s 40(1)(b) Criminal Procedure Act – reasonable suspicion standard objectively assessed; arrest lawful where arresting officer possessed complainant and witness statements identifying suspect; medical report and subsequent withdrawal of charge irrelevant to lawfulness of initial arrest.
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7 July 2025 |
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A business rescue resolution adopted while liquidation proceedings are pending is prima facie void under s129(2)(a).
Companies Act s129(2)(a) – business rescue – resolution invalid where liquidation proceedings have been initiated; review under s133 – interim relief by rule nisi pending resolution of procedural uncertainties.
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7 July 2025 |
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Contractual repayment and condictio indebiti are distinct causes; they must be pleaded alternatively and amendment was refused.
Pleadings – amendment – proposed insertion of 'agreement to repay' into unjustified enrichment claim – condictio indebiti v contractual remedies – distinct causes of action must be pleaded in the alternative – amendment excipiable and refused.
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4 July 2025 |
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Court awards R864,756.13 for past medical expenses and general damages after RAF admitted liability and quantum was determined.
Road Accident Fund — admitted liability — determination of quantum for general damages and past medical expenses; Assessment of general damages — consideration of pain, suffering, disfigurement, permanent impairment and comparative authorities; Proof of past medical expenses by vouchers; Section 17(4)(a) RAF Act — undertaking for future medical and related expenses; Costs — award of taxed/ agreed party-and-party costs, experts' qualifying fees and counsel's fees.
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3 July 2025 |
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High Court condoned service non‑compliance, found concurrent jurisdiction with Labour Court, and granted interim reinstatement pending review.
Urgent interim interdict — condonation for non‑compliance with Uniform Rules — concurrent jurisdiction of High Court and Labour Court over contractual employment disputes — requirements for interim interdict (prima facie right, irreparable harm, balance of convenience, no alternative remedy) — internal remedies and Rule 16A not fatal — CEO’s authority to litigate questioned but matter reserved for fuller review.
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1 July 2025 |
| June 2025 |
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Court finds respondent liable and awards R3,839,957 for applicant’s future loss of income; orders s17(4) undertaking.
Road Accident Fund – liability for passenger’s injuries; negligence causation and onus; admissibility and weight of uncontroverted expert evidence (medical, occupational, psychological, educational, industrial-psychology, actuarial); entitlement to future loss of earnings; contingency deductions and actuarial discretion; separation of quantum under rule 33(4); s 17(4) undertaking for future medical costs.
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30 June 2025 |
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RAF held 100% liable; future loss of income of R3,839,957 awarded with section 17(4) undertaking and costs.
Road Accident Fund – liability for passenger injuries – insured driver’s negligence – uncontroverted expert evidence (orthopaedic, occupational therapy, psychology, educational and industrial psychology) – future loss of earning capacity – actuarial calculation and contingency deductions – section 17(4) undertaking – separation of general damages under rule 33(4).
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30 June 2025 |
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A deponent must prove authority to sue on behalf of others; payroll ‘short days’ reflected no‑work‑no‑pay, not unlawful s34 deductions.
Civil procedure – authority to institute proceedings – distinction between locus standi and authority to litigate for another – challenge to authority to be raised under Rule 7; Employment law – alleged salary deductions after industrial action – application of no‑work‑no‑pay; s 34 Basic Conditions of Employment Act – what constitutes a deduction; Leave to appeal – test under s 17 Superior Courts Act.
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27 June 2025 |
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Winding‑up dismissed where statutory demand not properly served and the claimed debt is bona fide disputed, rendering liquidation an abuse of process.
Companies — Winding‑up — statutory demand s 345(1)(a)(i) — strict mode of service at registered office; substantial compliance insufficient; bona fide dispute on reasonable grounds (Badenhorst rule) — liquidation is abuse of process where debt disputed and same issues pending in action; jurisdiction — domicile/principal place of business factual question.
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27 June 2025 |
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Payments to a business rescue practitioner after winding-up commencement are void; court refused validation and ordered repayment.
Companies Act s 341(2) – disposition after commencement of winding-up void unless court validates; s 348 commencement on presentation of application; business rescue practitioner’s remedies limited to court validation and confined statutory priority; payments made after presentation but before final liquidation order can be set aside as undue preference.
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26 June 2025 |
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Court awards R500,000 general damages for mild traumatic brain injury to five-year-old; quantum assessed under s17(1).
Road Accident Fund – s17(1) general damages – quantum assessment for paediatric mild traumatic brain injury; admissibility of expert reports without oral evidence; comparison with precedents; costs for determination of quantum including counsel fees; administration of capital award into trust.
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26 June 2025 |
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Administrative decision set aside for procedural unfairness where s 24G applicant identity was ambiguous; matter remitted to determine fine.
Civil procedure — Administrative review under PAJA and s 33 Constitution; NEMA s 24G rectification applications; procedural fairness (audi alteram partem) where applicant identity is ambiguous; statutory/regulatory criteria for determining s 24G fines; remittal versus substitution of administrative decisions.
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26 June 2025 |
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Court found both parties negligent, apportioned fault 80% to the plaintiff and 20% to the defendant, and awarded costs to the plaintiff.
Road-traffic collision – liability and negligence – duty to keep a proper lookout at intersections; apportionment of fault between driver and insured vehicle (80/20); admission of expert evidence by affidavit (Rule 38(2)) and hospital/clinical records (s 3(1)(c) Law of Evidence Amendment Act); default/partially undefended merits where Defendant files no opposing expert reports.
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25 June 2025 |
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Court affirmed conviction where police identification by prolonged observation and immediate arrest was found reliable.
Criminal law – Identification evidence – Reliability of identification by police after prolonged observation and immediate arrest – Cautionary approach required. Criminal procedure – Single witness rule – s 208 CPA – conviction permissible where single witness is competent, credible and reliable. Criminal law – Appeal – appellate court reluctant to disturb trial court credibility findings absent clear misdirection.
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25 June 2025 |
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Quasi-possession of electricity supply to premises can be protected by mandament van spolie; SMS notices were inadequate.
Spoliation — mandament van spolie — quasi-possession of electricity supply as an incident of possession (gebruiksreg) — adequacy of electronic notices/SMS under Electricity Regulation Act — wrongful deprivation and restoration of supply.
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25 June 2025 |
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Leave to appeal refused: applicant failed to show reasonable prospects of success on conviction or sentence.
Criminal procedure – Leave to appeal under s17(1) Superior Courts Act – High threshold: reasonable prospects of success or compelling reasons required – Rehashed grounds insufficient – Conviction (dolus directus) and life sentence reviewed; leave refused.
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25 June 2025 |
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Condonation granted and leave to appeal to the Full Court allowed where another court might reach a different conclusion.
Application for leave to appeal – condonation for late filing of ex‑tempore judgment – lis pendens in divorce proceedings – pension funds – prospects of success/another court might come to a different conclusion – leave to Full Court granted.
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25 June 2025 |
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A prior final order on pleadings bars a second exception; res judicata prevents re‑litigation of the same issue.
Civil procedure – exception to plea and counterclaim – res judicata – prior order granting leave to amend specific paragraphs constituted final determination – second exception barred where same parties and same issue adjudicated.
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24 June 2025 |
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Court holds an action pending due to previous lawsuit, affecting director liability in corporate case.
Civil procedure – Third party claims – Special pleas – Non-joinder and lis pendens in the context of joint liability and pending litigation
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20 June 2025 |
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Court holds defendant liable for plaintiff's accident injuries and loss of future income, with general damages pending.
Road Accident Fund – injury compensation – loss of income – general damages – future medical expenses – assessment of negligence and liability.
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20 June 2025 |
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Primary-residence declared executable; recent sworn valuation accepted; Section 129(3) notice in summons sufficed; reserve price set at R460,000.
Rule 46A – execution against primary residence; valuation requirements – sworn independent qualified valuer; admissibility of late supplementary valuation served before hearing; Section 129(3) NCA notice requirement satisfied if in summons/particulars; setting reserve price (70% of average value less rates/levies); costs on attorney-and-client scale.
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18 June 2025 |
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Lease cancelled for unnotified subletting, non-ancillary use, poor maintenance and municipal arrears; eviction granted.
Lease – eviction – cancellation clause – lessor’s right to cancel lease on specified breaches; materiality of breach irrelevant where contract so provides. Lease – subletting – obligation to notify lessor; failure to particularise notice defeats defence. Lease – permissible use – ancillary-to-filling-station requirement; electronics retailing not ancillary. Lease – maintenance and payment of municipal charges – lessee’s obligations and remedy for default. Procedural – disputes of fact on paper – defences not bona fide or sufficiently detailed do not require oral evidence (Wightman principle).
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17 June 2025 |
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Plaintiff awarded R986,502.80 for general damages and loss of earnings; RAF ordered to provide s 17(4)(a) undertaking.
Road Accident Fund — liability for injuries from motor vehicle collision — assessment of general damages for permanent upper-limb impairment — calculation of future loss of earnings with pre- and post-morbid contingencies (5% and 25%) — s 17(4)(a) undertaking for future medical costs — past medical expenses postponed sine die — costs to successful plaintiff.
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13 June 2025 |
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Application for leave to appeal dismissed for being out of time, lacking condonation and merit for success.
Appeal – Application for leave to appeal – Filed out of time – No condonation sought – Reasonable prospects of success not demonstrated.
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13 June 2025 |
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Reported
Prosecution cannot reserve factual disputes under s319 or do so absent an acquittal; extradition issue barred jurisdiction.
Criminal procedure – section 319 Criminal Procedure Act – reservation of questions of law – s 319 allows reservation only of pure questions of law, not disguised factual disputes. Extradition law – jurisdiction to try accused – reliance on Schultz v Minister of Justice – only national executive may validly make extradition request to USA. Procedure – prosecutor’s right to reserve – reservation by State not competent where there has been no acquittal (R v Solomons; S v Mene). Audi alteram partem – invocation of legal precedent in closing submissions – factual record determinative of whether procedural unfairness occurred.
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13 June 2025 |
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Whether the police are liable for post-appearance detention where the investigating officer recommended bail and did not foresee remand.
Civil procedure – pleadings and admissions – when admissions are clear and unequivocal and when court may disregard them; Unlawful arrest and detention – actio iniuriarum requirements; Causation for post-appearance detention – factual (conditio sine qua non) versus legal causation; Application of De Klerk and Mahlangu – police culpability and influence on prosecutor/court; Condonation and reinstatement of appeal for late filing of record and heads; Costs – successful party awarded costs including counsel fees on Scale B.
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13 June 2025 |
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Plaintiffs failed to prove police negligence; claims for unlawful arrest and detention dismissed (costs awarded).
Delict — unlawful arrest and detention — plaintiffs pleaded negligence as cause — plaintiffs bear onus to prove negligence — Kruger v Coetzee test for culpa applied — wrongfulness assessed against public/legal policy (Le Roux) — police acted on information and victim identifications; absence of proof of negligent exercise of discretion led to dismissal.
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12 June 2025 |
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12 June 2025 |
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Summary judgment upheld: deponent complied with rule 32; illegibility, cancellation and COVID-19 force majeure defences fail.
Civil procedure – summary judgment – rule 32(2)(a) – deponent’s personal knowledge; Contract – illegibility of annexure not a bona fide defence; Contract – purported cancellation not in terms of agreement; Force majeure/supervening impossibility – COVID-19 defence fails where default preceded national disaster; Principles regarding disclosure of material facts in plea/oppose affidavit reiterated.
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12 June 2025 |
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The appeal against a life sentence for murder lacked substantial and compelling circumstances for sentence deviation.
Criminal Law - Sentencing - Murder - Appeal against life imprisonment sentence - Substantial and compelling circumstances not present
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12 June 2025 |
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Failure to prove inadequacy of account rendered in compliance with court order resulted in dismissal of contempt application.
Trust law – Account rendering – Sufficient compliance with court order – Contempt allegation for inadequate accounting dismissed
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12 June 2025 |
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Urgent eviction removed for self-created urgency and unexplained delay; applicant ordered to pay costs.
Urgency — eviction proceedings under PIE — applicant must explain all periods of delay — self-created urgency — lack of averments fatal to relief — costs awarded to respondents.
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10 June 2025 |
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Defendants liable for missing 209 sheep; claims for lost wool and progeny profits dismissed as too remote and insufficiently proven.
Contract – Breach of rental agreement for livestock – entitlement to damages for missing animals; causation and remoteness – lost wool income and progeny profit not recoverable absent proof that breach was probable cause; trust authority to contract; costs limited to successful claim (counsel on scale A and expert costs).
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10 June 2025 |
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Plaintiff awarded loss of earnings and general damages after defendant conceded merits; actuarial contingencies applied.
Road Accident Fund – merits conceded – quantum determination – assessment of future loss of earnings – industrial psychology and actuarial evidence – application of contingencies (20% pre-accident; 40% post-accident) – statutory 100% undertaking under s17(4)(a) – costs including expert and counsel fees
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9 June 2025 |
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Leave to appeal refused: applicant lacked reasonable prospects and no compelling reasons under section 17(1).
Leave to appeal — section 17(1) Superior Courts Act — elevated threshold: reasonable prospects of success or compelling reasons required; pendency of variation application does not suspend compliance with court order; non-payment may constitute contempt; late-raised issues in heads of argument impermissible
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6 June 2025 |
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Payment to one creditor after provisional liquidation prejudices the concursus creditorum and must be repaid to liquidators.
• Companies law – winding‑up and concursus creditorum – commencement retrospective to presentation of winding‑up application;• Companies Act s 341(2) – dispositions after commencement void ex tunc; ratification/abandonment by company can constitute a disposition;• Insolvency law – definition of 'disposition' (Insolvency Act) includes payment, release, abandonment;• Creditor conduct – payment by debtor to single creditor after provisional liquidation prejudices concursus and may be recoverable by liquidators.
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6 June 2025 |
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Municipality and municipal manager declared in contempt for non-compliance with court orders; suspended fine and costs awarded.
Contempt of court – requisites: existence of order, service/notice, non‑compliance, wilfulness and mala fides – inference of mala fides once order and non‑compliance proved – municipal liability – joinder and non‑joinder of implementing agencies – personal liability of municipal manager – suspended fine and costs ordered
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5 June 2025 |
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Insufficient proof of an alleged R2.6 billion capital injection justified placing the financially distressed company into business rescue.
Company law – Business rescue s 131 – Alleged imminent foreign capital injection – sufficiency of evidence and bank confirmations – conditional funding and release of security – court may commence business rescue where funding remains uncertain.
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5 June 2025 |
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Applicant failed to prove assault or malicious proceedings; appellate court upheld trial court’s credibility findings and dismissed the appeal with costs.
Delict — assault — proof on a balance of probabilities; Malicious proceedings — requirements and bona fides of complainant; Evidence — mutually destructive versions and credibility assessment; Appeal — deference to trial court’s factual findings, misdirection test (Dhlumayo, Makate); Third-party witness evidence not put to witness — circumstances and effect; Costs — successful party on appeal entitled to costs including counsel on scale A
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4 June 2025 |
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Leave to appeal to a full bench granted where the applicant showed reasonable prospects and errors in the a quo factual findings and orders.
• Civil procedure – Leave to appeal – reasonable prospects of success test under s 17 Superior Courts Act – appellate intervention where trial court conflates issues or pronounces on matters not before it. • Medical negligence/ambulance dispatch – disputed factual findings (place/timing of birth; delay/refusal to dispatch ambulance) may justify appeal. • Costs – correctness of awarding expert costs where expert is ill‑suited.
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4 June 2025 |
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An accused’s extradition procured without a valid executive request renders South African courts without jurisdiction.
* Extradition law – requirement that an extradition request to a foreign State be made by the national executive (the Minister) under the RSA–USA Treaty. Criminal procedure – trial within a trial – onus on the State to prove jurisdiction beyond reasonable doubt where extradition is challenged. International cooperation – reliance on foreign authorities' reliance upon domestic State representations; unlawful extradition vitiates domestic jurisdiction. Effect of extradition grant – accused cannot be tried for offences not covered by the extradition grant
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3 June 2025 |
| May 2025 |
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Application to restrain auction and compel purchaser details dismissed as moot and lacking interdict requisites.
Interdict – requisites for interim relief (prima facie right, irreparable harm, balance of convenience) – Mootness of application due to completed auction – Alternative remedies (rei vindicatio) – Disclosure of purchasers’ details – Application of Plascon‑Evans to resolve factual disputes on affidavits.
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29 May 2025 |