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Citation
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Judgment date
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| December 2017 |
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15 December 2017 |
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15 December 2017 |
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8 December 2017 |
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1 December 2017 |
| November 2017 |
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Reported
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28 November 2017 |
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20 November 2017 |
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Reported
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17 November 2017 |
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A trustee removed where an alleged loan to the family trust was unproven and conduct endangered beneficiaries' interests.
Trusts – family inter vivos trust established on divorce settlement – interpretation of settlement agreement and trust deed – stipulatio alteri and acceptance by trust – alleged loan from settlor to trust not proven – unilateral conduct creating accounting liability – removal of trustee under s20(1) Trust Property Control Act in beneficiaries' best interests.
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7 November 2017 |
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A timely summons interrupts prescription for general damages; late RAF4 does not preclude a serious‑injury award.
Road Accident Fund Act — prescription — single indivisible cause of action — summons within five years interrupts prescription for all heads of damage; RAF4 (serious injury assessment) may be submitted separately — late RAF4 does not cause prescription; Regulation 3 compliance and narrative test for serious injury; award of general damages.
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3 November 2017 |
| October 2017 |
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24 October 2017 |
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Reported
Appellants' bail wrongly refused after magistrate accepted withdrawal of a Schedule 5 objection without required proof; appeal court granted bail.
Criminal procedure – Bail appeal – Section 65(4) – appellate court must be satisfied decision was wrong before setting it aside. Bail procedure – Schedule disputes – section 60(11A) proof required to place an offence in Schedule 5; magistrate must give timely ruling. Bail grounds – section 60(4)(a),(b),(c),(e) – likelihood (not possibility) of danger to the public, flight, witness intimidation, or public disorder; need for objective facts and consideration of mitigation under section 60(9). Judicial conduct – material misdirection where magistrate’s procedural handling pressured withdrawal of a point and overlooked statutory safeguards.
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17 October 2017 |
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Appellant’s assault claim upheld where trial court omitted credibility findings and respondents’ self‑defence was rejected.
Assault – justification and self‑defence – bounds of self‑defence exceeded; Evidence – credibility findings required at trial; Appellate review – reassessment of credibility when trial court gives no findings; Quantum – general damages; Costs – entitlement to High Court scale and costs of appeal.
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12 October 2017 |
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11 October 2017 |
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Interlocutory discovery refused where relevance/possession denials stood; consultation notes protected by legal privilege.
Civil procedure – discovery (Rule 35(3)) – relevance determined by pleadings; discovery affidavit prima facie conclusive unless a probability shown that deponent mistaken or false – further particulars (Rule 21) must be strictly necessary to prepare for trial – legal professional privilege (litigation and legal-advice privilege) – consultation notes protected; principle 'once privileged always privileged'.
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10 October 2017 |
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An estate agent who effectively introduces buyer and seller is entitled to customary commission even if no rate was agreed.
Agency — express and implied mandate — conduct and silence may establish or imply agency. Estate agents — effective cause — introduction of buyer and seller gives entitlement to commission even if deed executed directly between buyer and seller. Commission quantum — where rate not agreed, reasonable/customary prevailing rate applies. Contract interpretation — invitation to agree quantum is not a suspensive condition absolving liability.
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10 October 2017 |
| September 2017 |
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29 September 2017 |
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29 September 2017 |
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Applicant failed to prove negligence or lack of informed consent in parathyroidectomy; claim dismissed with costs.
Medical malpractice – parathyroidectomy – alleged recurrent laryngeal nerve injury; negligence not proven. Informed consent – adequacy and disclosure – not established as independent delict where negligence not shown. Standard of care – conduct assessed against reasonably competent practitioner; undisputed surgeon evidence preferred. Evidence – plaintiff's unreliable testimony due to memory loss; failure to call expert evidence is material.
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29 September 2017 |
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29 September 2017 |
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22 September 2017 |
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22 September 2017 |
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Insured driver’s failure to keep proper lookout and unsafe turn caused collision; plaintiff not contributorily negligent.
Road-accident damages – T-junction collision – admissibility and weight of CCTV and expert reconstruction evidence – insured driver’s failure to keep proper lookout – causation and sole negligence – no contributory negligence by motorcyclist – Road Accident Fund liable for agreed quantum and costs; s17(4)(a) undertaking ordered.
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22 September 2017 |
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20 September 2017 |
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Appeal against sentence dismissed; appellate court upholds 33-year effective term despite some erroneous sentencing reasoning.
Criminal law – Sentencing – Mandatory minimum life sentence for murder committed during aggravated robbery – Substantial and compelling circumstances; Appellate review – Interference only for material misdirection or disturbingly inappropriate sentence; Concurrency of sentences as mitigation; Requirement of cross-appeal to increase sentence.
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18 September 2017 |
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15 September 2017 |
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PAJA review remains available despite statutory appeal; respondent’s domestic-appliance tariff classification upheld.
Customs and Excise – statutory appeal under s47 does not oust PAJA/common-law judicial review; PAJA – time limits and condonation; PAJA s5(1) – obligation to request reasons; failure to request limits reliance on lack of reasons; Tariff classification – Harmonized System three-stage test (interpretation, objective characteristics, appropriate heading); Rule 53 – requirement to furnish record in review proceedings.
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12 September 2017 |
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12 September 2017 |
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8 September 2017 |
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7 September 2017 |
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7 September 2017 |
| August 2017 |
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29 August 2017 |
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16 August 2017 |
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11 August 2017 |
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The accused were convicted of coordinated VAT refund fraud, related forgery/uttering and money‑laundering based on documentary and electronic evidence.
Criminal law – VAT refund fraud using shell entities; documentary and electronic evidence – admissibility and authentication under the ECT Act; Tax Administration Act and state privilege – limits and court discretion; witness legal representation while testifying; common purpose liability; forgery, uttering and money‑laundering (POCA) via intercompany "cheque swops".
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4 August 2017 |
| July 2017 |
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Reported
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17 July 2017 |
| June 2017 |
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Reported
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29 June 2017 |
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Subsidiarity requires religious challenges to proceed via SGB/provincial rules; public schools may not claim exclusive single‑faith status.
Constitutional law – freedom of religion (s.15) – subsidiarity – Schools Act s.7 and provincial Acts vest SGBs with power to determine religious policies and observances; National Religion Policy non‑binding; public schools may not brand themselves as single‑faith to exclusion of others.
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28 June 2017 |
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Reported
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7 June 2017 |
| May 2017 |
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25 May 2017 |
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Reported
Unlawful arrest and degrading detention of a woman: R120,000 damages, interest and High Court costs awarded.
Unlawful arrest and detention — onus on arresting officers to justify arrest and detention; assessment of general damages for deprivation of liberty; detention conditions inconsistent with human dignity; police duties to protect vulnerable persons (women); public interest and awarding High Court costs despite magistrates’ court quantum.
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24 May 2017 |
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Reported
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12 May 2017 |
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12 May 2017 |
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A debtor must actually pay quantified overdue amounts to reinstate a credit agreement; creditor’s refusal to supply s110 figures breaches contract and suspends obligations.
National Credit Act – sections 129(3) and 129(4) – consumer’s right to remedy default – requires actual payment of overdue instalments and quantified charges – tender insufficient. National Credit Act – section 110 – duty of credit provider to furnish statement of account on request – essential to enable reinstatement. Contract – clause mirroring s129(3) – creditor’s failure to supply account figures and insistence on accelerated full payment constitutes mora creditoris/repudiation and suspends debtor’s obligations. Civil procedure – default judgment and attachment – partially set aside where orders were premature or erroneously granted; leave to defend granted. Costs – successful applicant awarded costs, including those of aborted urgent application.
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5 May 2017 |
| April 2017 |
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Respondent lawfully cancelled the service agreement after applicant materially breached fiduciary and non‑compete obligations.
Contract — Cancellation for malperformance — test whether breach objectively serious to justify rescission; balancing of competing interests (Singh v McCarthy Retail). Burden of proof — party alleging unlawful cancellation/repudiation bears onus. Fiduciary duties and restraint obligations — independent service provider cannot surreptitiously compete or interfere with client relationships. Defamation/interdict claims follow outcome of contractual dispute.
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19 April 2017 |
| March 2017 |
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31 March 2017 |
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A written acknowledgement of inability to pay can constitute an act of insolvency, but sequestration may still be refused if advantage to creditors is not shown.
Insolvency Act s 8(b), s 8(e), s 8(g) and s 10 — nulla bona returns must be recent, detailed and demonstrate diligent enquiry; staleness may defeat proof of s 8(b) act of insolvency — written settlement acknowledging inability to pay can constitute an act of insolvency under s 8(g) — applicant must prove actual insolvency on balance of probabilities — advantage to creditors requires a reasonable prospect of benefit; court retains discretion to refuse sequestration.
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31 March 2017 |
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31 March 2017 |
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27 March 2017 |
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Developer’s cancellation invalid; building contract enforceable as separate agreement and acceptable security existed.
Contract — composite agreement: sale of land and building contract distinguished; Abstract theory of transfer of immovable property; Alienation of Land Act s2(1)/s28(2) inapplicable to building part; Inchoate agreements — intention and conduct can render outstanding-plan agreements binding; Acceptable security for building costs — cession and bank interim-draws; Unreasonable demand for demand guarantee invalidates cancellation; Specific performance of building obligation.
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24 March 2017 |