|
Citation
|
Judgment date
|
| May 2025 |
|
|
Court awards moderate general damages (R700,000) for post‑traumatic neurocognitive and neuropsychiatric sequelae.
Road Accident Fund — assessment of general damages for traumatic brain injury — expert evidence admitted under rule 38(2) — comparison with prior awards as guidance not fetter — impermissibility of post‑hearing increase in claimed quantum — s17(4)(a) undertaking for future medical costs.
|
29 May 2025 |
|
Appeal dismissed confirming trial court's ruling on conviction and 22-year sentence for rape based on comprehensive evidence assessment.
Criminal Law – Rape – Single-witness testimony – Application of cautionary rule – Appeal against conviction and sentence – Consideration of credibility assessments.
|
29 May 2025 |
|
The appeal against convictions and life sentences for rape was dismissed; the trial court's decision was upheld.
Criminal Law – Rape – Appeal against conviction and sentence – Assessment of witness credibility – Evaluation of substantial and compelling circumstances in sentencing – Minimum sentence legislation.
|
29 May 2025 |
|
Applicant awarded R800,000 general damages for pelvic and urological injuries; respondent liable and to provide s.17 undertaking.
• Damages – General damages quantum – assessment guided by precedent but dependent on nature and extent of sequelae of injuries.
• Personal injury – pelvic fracture, extraperitoneal bladder rupture, posterior urethral stricture and post‑traumatic erectile dysfunction – effect of available surgical remediation on quantum.
• Road Accident Fund – liability conceded; s.17(4)(a) undertaking for future care costs required.
• Costs – respondent ordered to pay taxed/ agreed party-and-party costs including specified experts and counsel.
|
27 May 2025 |
|
Court found occupants unlawfully on commercial property, applied Plascon-Evans, and ordered eviction with costs.
Property law – Eviction – Distinction between commercial and residential eviction; PIE protects residential occupiers but not juristic or purely commercial occupants. Contract law – Valid cancellation of sale agreement for non-compliance; lease concluded thereafter and breached by arrears. Civil procedure – Motion proceedings and disputes of fact: application of Plascon-Evans where respondent's averments are inherently implausible and no real, bona fide dispute exists. Remedies – Court may grant eviction, authorise sheriff to execute order and award costs where occupiers are unlawfully on property.
|
26 May 2025 |
|
Trial court correctly found complainant credible; no substantial and compelling circumstances to reduce prescribed life sentence.
Criminal law — Rape — Single-witness cautionary rule; credibility assessment; corroboration by J88 and police evidence; contradictions immaterial; minimum sentence (s 51) — life imprisonment for rape committed more than once — substantial and compelling circumstances absent; appellate interference only for material misdirection or marked disparity.
|
23 May 2025 |
|
Contempt applications dismissed where legal advice and evidentiary burden created reasonable doubt as to willfulness and mala fides.
Civil contempt – interlocutory orders – requirement to prove order, knowledge, non‑compliance and willfulness/mala fides; presumption of mala fides once first three established; contemnor may rebut by creating reasonable doubt. Superior Courts Act s 18(2) – interlocutory orders are not suspended by filing for leave to appeal. Reliance on legal advice and financial inability to repay can rebut presumption of mala fides.
|
22 May 2025 |
|
Court applies contingencies to adjudicate quantum for plaintiff's loss of earnings following a road accident.
Motor Vehicle Accident – Quantum – Loss of earnings – Application of appropriate contingencies in calculating pre-morbid earnings.
|
22 May 2025 |
|
Court fixes retirement age at 70 for loss of earnings and orders defendant to pay 80% of proven damages.
• Road Accident Fund liability – apportionment and quantification of loss of earnings; retirement age for future loss calculations; contingency deductions.
• Evidence — weight of competing expert opinions on employability and post‑retirement earning capacity.
• Damages — actuarial recalculation of loss of earnings at current salary to age 70 with 15% pre‑morbid and 30% post‑morbid contingencies.
|
22 May 2025 |
|
No cognitive impairment proven; future employability impacted by physical injury, awarding future medical expenses.
Road Accident Fund - Future medical expenses and loss of earnings - Cognitive impairment not proved - Physical impairment affecting employability.
|
21 May 2025 |
|
Sentencing a minor to long imprisonment without a pre-sentence report or individualized inquiry was a material misdirection; sentence reduced.
Criminal law — Sentencing — Appeal against sentence — Material misdirection where court proceeded without pre-sentence report for a minor — Child Justice Act and s 28(2) Constitution require individualized inquiry and rehabilitation focus — detention a last resort.
|
19 May 2025 |
|
Lis pendens upheld where a matter struck off the regional court roll remained pending, barring parallel High Court relief.
Civil procedure – lis pendens – elements: pending litigation between same parties, same cause of action, same relief – striking matter off roll does not necessarily terminate proceedings; matter may remain pending and be re-enrolled – lis pendens bars parallel proceedings in another court.
|
19 May 2025 |
|
Appeal against rape conviction and life sentence dismissed; credibility findings and mandatory sentencing upheld.
Criminal law – Sexual offences – Rape – Single witness caution – Complainant’s evidence corroborated by first report and accepted as credible. Criminal procedure – Appeal – Appellate interference limited where trial court properly evaluated credibility and applied cautionary rule. Sentencing – Minimum prescribed life sentence under s 51(1) CLAA – absence of physical injuries and prior relationship are not substantial and compelling circumstances. Evidence – Inconsistent defence and coached witness undermine accused’s version.
|
19 May 2025 |
|
Summary judgment granted for debts under a suretyship and personal mortgage; res judicata and non‑joinder dismissed.
Summary judgment – Rule 32 – defendant must disclose bona fide defence with material facts; Suretyship – co‑principal debtor remains liable despite liquidation settlement of principal debtor; Res judicata – prior winding‑up order did not bar claim against surety; Joinder – plaintiff entitled to sue one of several joint and several debtors; Rule 46A/NCA inapplicable to claimed relief; Costs on attorney-and-own-client scale.
|
16 May 2025 |
|
Plaintiff's motor vehicle accident claim dismissed; failure to prove insured driver's negligence for Road Accident Fund compensation.
Motor Vehicle Accident - Negligence - Liability of Road Accident Fund - Conflicting evidence - Evidence assessment methods.
|
16 May 2025 |
|
Court awards damages for future earnings and medical costs following a vehicle accident claim against the Road Accident Fund.
Road Accident Fund – Compensation for loss of earnings and future medical expenses – Effect of injuries on employability – Statutory undertaking for medical costs.
|
16 May 2025 |
|
Summary judgment inappropriate where unregistered lender relies on unjustified enrichment; s164(1)/s89(5) require declaration of unlawfulness.
National Credit Act — s 164(1) and s 89(5) — declaration of unlawfulness required before just and equitable relief; Summary judgment — rule 32(1) limits — not appropriate where material disputes of fact and turpitude exist; Unjustified enrichment — condictio and par delictum rule — tender of unlawful interest and full pleading/verification required.
|
15 May 2025 |
|
Court reinstated lapsed appeal and cross-appeal in the interests of justice despite inadequate delay explanation.
Civil procedure – Reinstatement of lapsed appeal and cross-appeal under rule 49(6)(b) – good cause/condonation – interests of justice – adequacy of explanation for delay – prospects of success – costs of reinstatement application.
|
15 May 2025 |
|
Sale invalid where a single trustee signed without authority; estoppel cannot confer trust capacity; condonation granted.
Civil procedure – condonation for late filing – factors: explanation, prospects of success, prejudice, convenience – condonation granted but costs awarded against late filer. Trust law – trustees must act jointly unless deed provides otherwise – single-trustee signature did not bind the trust on the papers. Motion proceedings – application of Plascon-Evans/Zuma approach when disputes of fact arise on affidavits. Estoppel – new matter raised in reply not ordinarily permitted; estoppel cannot confer legal capacity or status not possessed in law. Alienation of Land Act – s 2(1) does not apply to sales by public auction (s 3(1)). Late-raised ratification disallowed as prejudicial new cause of action.
|
14 May 2025 |
|
Youth and personal mitigation did not constitute substantial and compelling circumstances to avoid prescribed life imprisonment.
Criminal law – Sentencing – s 51(1) and s 51(3) Criminal Law Amendment Act 105 of 1997 – prescribed life sentence for murder; substantial and compelling circumstances required to deviate; consideration of offender’s youth, antecedents, gang involvement and premeditation; reliance on S v Malgas and S v Nkunkuma.
|
12 May 2025 |
|
Application to rescind default judgment refused: absence was elective, particulars sufficient, oral agreement did not bar judgment.
Civil procedure — Rescission of default judgment — Rule 42(1)(a) and Rule 31(2)(b) — Requirements: judgment erroneously sought or granted; reasonable explanation for default; bona fide defence with prima facie prospects — Parol evidence rule and non-variation (Shifren) clause — Oral agreement after expiry may supplement written agreement — Writ of execution — setting aside refused.
|
8 May 2025 |
|
Dismissal application was irregular for failing to serve the Rule 30A notice and wait the statutory cure period.
Procedure – Rule 30 and Rule 30A – formal notice and ten‑day cure period required before applying for dismissal for non‑compliance; letter to opposing counsel insufficient; irregular step set aside; condonation for late Rule 30 filing permitted where satisfactory explanation given; costs ordered each to pay own, defendant to pay costs of earlier postponement (Scale B).
|
8 May 2025 |
|
Appeal dismissed; conviction and life sentence for rape of minor upheld based on credible evidence and correct legal principles.
Criminal Law - Conviction - rape of minor - reliability of victim testimony, DNA evidence, substantial and compelling circumstances in sentencing.
|
8 May 2025 |
|
Whether the applicant complied with s3 notice requirements or, alternatively, merits condonation under s3(4)(b) of the Act.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – s 3(2)(a) notice requirement – timing of notice – when debt became due under s 3(3)(a). Medical negligence – knowledge of cause of action – Links test: reasonable grounds to suspect fault before debt is due. Condonation under s 3(4)(b) – requirements: no prescription, good cause, absence of unreasonable prejudice – discretionary overall-impression standard (Madinda). Costs – no order where both parties share blame and opposing condonation was unnecessary.
|
7 May 2025 |
|
The High Court dismissed an application to amend a pending children's court order on child access.
Family Law – Custody and Access – Jurisdiction – Children’s Court vs. High Court – Reunification process – Best interests of the child
|
7 May 2025 |
|
Arrest and detention lawful: officer had reasonable suspicion of dealing in dagga and police bail was excluded, claim dismissed.
Criminal procedure – Arrest without warrant – s40(1)(h) CPA – reasonable suspicion to believe dealing in dependence-producing substances (dagga) – objective test; Exercise of police discretion – rationality and good faith; Police bail – s59 CPA and Schedule 2 exclusion; Presumptions in Drugs Act invalid for trial do not preclude lawful arrest based on reasonable grounds.
|
6 May 2025 |
|
Court refused RAF’s last‑minute postponement; awarded plaintiff past medical expenses despite medical aid payment.
Civil procedure – postponement – last‑minute oral application from the bar without affidavit – untimely, prejudicial and dismissed; Road Accident Fund – defence based on medical aid indemnification and PMBs/EMCs – cannot justify eleventh‑hour postponement; Rule 38(2) – leave granted for evidence by affidavit; claimant awarded past medical expenses less 15% apportionment and costs.
|
6 May 2025 |
| April 2025 |
|
|
An interlocutory order to answer a s 212B notice is not appealable and did not breach fair-trial rights.
Criminal procedure — s 212B CPA — State may serve notice setting out facts to be deemed proved unless accused places them in issue; accused must reply. Interlocutory rulings — non-appealability and mootness — reluctance to entertain appeals or reviews of uncompleted criminal proceedings. Constitutional rights — audi alteram partem, s 34 and s 35 rights, right to remain silent — direction to reply to s 212B notice did not infringe these rights. Judicial case-flow management — Norms and Standards and importance of expeditious finalisation of criminal cases.
|
29 April 2025 |
|
Plaintiff's claim for future loss of earning capacity was dismissed as injury did not impact her work prospects.
Motor vehicle accident – loss of earnings – assessment of future earning capacity post-accident – impact of retrenchment due to external factors.
|
29 April 2025 |
|
Proceedings postponed pending SCA determination whether RAF may exclude undocumented foreigners or require proof before payment.
Administrative law; Road Accident Fund – entitlement to benefits – interpretation of s 17 "any person" – whether undocumented foreign nationals may claim or be paid; validity of amended RAF1 form and Ministerial Management Directive; requirement of passport stamps/visas/asylum certificates before payment; postponement pending SCA determination (Mudawo).
|
24 April 2025 |
|
Late, undisclosed separation of trials and an incomplete record rendered the appellant’s trial unfair; conviction set aside.
Criminal procedure – Separation of trials (s 157(2) CPA) – Grounds for separation must be disclosed so court can exercise discretion; late separation may prejudice accused who already testified; probability (not mere possibility) of prejudice required; common purpose convictions unsafe where incriminating evidence against absent co-accused is relied upon; incomplete or unreconstructable trial/sentencing record may frustrate right of appeal and justify setting aside conviction and sentence.
|
24 April 2025 |
|
Magistrate misapplied summary-warrant law and failed to explain onus and rights to unrepresented accused; conviction set aside.
Special review (s 304(4) CPA) – summary warrant enquiry (s 170(2) CPA) – failure to appear – onus on accused to tender reasonable excuse – duty to explain onus and rights to unrepresented accused – misapplication of s 72 instead of s 170 – inadequate probing of asserted mental illness – proceedings not in accordance with justice – conviction and sentence set aside.
|
24 April 2025 |
|
High Court dismissed review, finding delay and remarks did not prove bias or gross irregularity; many complaints belong to appeal.
Rule 53 – review record obligation – delay by presiding officer not fatal absent prejudice; Review v Appeal – admission of evidence and convictions are ordinarily appeal matters; s 174 CPA – refusal to discharge reviewable only for demonstrable misdirection/gross irregularity; Judicial impartiality – applicant must prove actual or appearance of bias; Duty to disclose related proceedings – non-disclosure not automatically disqualifying without proof of prejudice.
|
14 April 2025 |
| March 2025 |
|
|
Court dismissed review where dispute over collective‑agreement interpretation must be resolved by the bargaining council under s24 LRA.
Labour law – Collective agreements – Disputes about interpretation or application fall to bargaining council under s 24 LRA; not ordinarily for court review. Civil procedure – Uniform Rule 53 – requirement to file certified copies of transcribed record for review applications; non-compliance prejudicial. Administrative/disciplinary law – review of disciplinary rulings where underlying issue requires interpretation of collective agreement.
|
31 March 2025 |
|
Leave to appeal granted to SCA where reasonable prospects and public interest arise from domestic violence arrest and prosecution.
Application for leave to appeal — Superior Courts Act s17 — test: reasonable prospects of success or other compelling reasons — more than mere possibility required; domestic violence — lawfulness of arrest, detention and prosecution; public interest in appeals on gender‑based violence issues.
|
28 March 2025 |
|
Insurer validly repudiated claim where insured drove while intoxicated and provided false/misleading information, claim dismissed with costs.
Insurance — repudiation of claim; driving under the influence — admissibility and weight of observational evidence (smell, slurred speech, red eyes); contract — insured’s duty to provide true and complete information; policy exclusions for intoxication and fraud; evaluation of credibility and scene evidence (tyre marks, photographs).
|
28 March 2025 |
|
|
28 March 2025 |
|
Leave to appeal refused; no basis to review Master's admission of claim 17 or remit matter.
Application for leave to appeal — challenge to Master's admission of claim 17 — whether objection before court identical to that before Master — requirement for irregularity to remit matter — s 407 proceedings — s 45 Companies Act compliance — review and setting aside considered and refused.
|
27 March 2025 |
|
Court accepts jurisdiction, finds company financially distressed, dismisses signature referral as moot and grants final extension to prove Redcore funding.
Companies Act s 131 – business rescue application; jurisdiction – registered office confers jurisdiction; financial distress and reasonable prospect of rescue; external funding (capital injection) as defence to business rescue; mootness of factual disputes where the claim is no longer relied upon; dismissal of referral for oral evidence when dispute becomes immaterial.
|
27 March 2025 |
|
Passenger entitled to 100% damages; RAF must furnish s 17(4)(a) undertaking for future medical costs.
Road Accident Fund – passenger claim – insured driver negligence for failing to reduce speed and looking away – 100% liability; section 17(4)(a) undertaking for future medical and related costs ordered; costs and interest provisions.
|
27 March 2025 |
|
Road authority found liable for negligence due to insufficient maintenance and warning signage concerning potholes.
Negligence law – Duty of care and road maintenance – Liability for vehicular accidents due to potholes – Elements of delictual claim.
|
27 March 2025 |
|
Appeal dismissed: identity evidence held reliable and alibi rejected; appellate court will not disturb trial credibility findings.
Criminal law – identity evidence – recognition by prior acquaintance, visibility and identity parade; alibi; appellate review of trial court factual and credibility findings (R v Dhlumayo; S v Mthetwa; S v Charzen; Pistorius v S); robbery with aggravating circumstances; attempted murder.
|
27 March 2025 |
|
Forfeiture of properties linked to illegal activities under POCA upheld, lack of credible evidence from respondents.
Criminal Law - Prevention of Organised Crime Act (POCA) - forfeiture of properties - evidentiary burden to prove legitimate acquisition - associations with illegal gold mining activities.
|
27 March 2025 |
|
Premier not held personally in contempt; court granted declaratory, mandatory and supervisory relief against municipal and provincial actors.
Constitutional and administrative law – enforcement of court orders – contempt proceedings against an official require personal citation and opportunity to show cause – structural interdicts and supervisory orders available to secure compliance by organs of state – municipal obligations to provide sustainable services and prevent environmental harm – resource constraints relevant but not a blanket defence.
|
25 March 2025 |
|
Leave to appeal refused where applicant failed to show reasonable prospects in medical negligence and record-keeping grounds.
Leave to appeal — reasonable prospects of success or compelling reasons required (s 17 Superior Courts Act); medical negligence — standard of care assessed by whether a reasonably competent practitioner would have foreseen and prevented harm; evidentiary requirement that treating practitioner was notified of alleged hayfork injury; weight of contemporaneous medical records and expert evidence; non-joinder of other treating practitioners and separation of powers as limiting judicial intervention on systemic record-keeping issues.
|
24 March 2025 |
|
Exception upheld where plaintiff failed to plead acceptance of appointment in the mode prescribed by the letters of appointment.
Contract law – offer and acceptance – stipulated mode of acceptance in letters of appointment must be complied with to form a binding contract; particulars of claim excipiable where acceptance in prescribed form not pleaded; exception upheld; leave to amend granted.
|
24 March 2025 |
|
Payments by a BRP after a winding‑up application were not bona fide and are void under section 341(2).
Companies Act s341(2) — validation of dispositions after presentation of winding‑up application; bona fides and ordinary course requirement; business rescue practitioner’s obligations and limits; protection of concursus creditorum and pari passu distribution; appellate review of discretionary validation under s341(2).
|
20 March 2025 |
|
Summary judgment granted where bank proved debt and borrower failed to raise bona fide defence to NCA notice and payments.
Civil procedure – Summary judgment under Rule 32 – requirements: clear claim on liquid document and absence of bona fide defence; National Credit Act s129 – service by sheriff at chosen domicilium on occupant and registered-mail dispatch with postal notification sufficient; defendant must particularise alleged uncredited payments to establish bona fide defence.
|
20 March 2025 |
|
Respondent found in contempt for willful non-compliance with maintenance order, altering child residence arrangement.
Contempt of Court – non-compliance with maintenance orders in pending divorce – children's best interests in residence decisions.
|
19 March 2025 |
|
Defendant (RAF) held 100% liable where an unidentified vehicle’s protruding load struck a pedestrian; no contributory negligence.
Road Accident Fund liability – unidentified/unknown insured driver – proof of negligence where driver unknown; corroboration by independent witness. Motor-vehicle collision – pedestrian on raised walkway struck by protruding load from trailer – duty of care and control of load. Contributory negligence – no reduction where plaintiff on designated walkway and evidence unchallenged. Evidentiary onus – plaintiff discharged on balance of probabilities where defendant offers no rebuttal.
|
19 March 2025 |