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Citation
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Judgment date
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| December 2018 |
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25 December 2018 |
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Court varied Anton Pillar order to permit forensic copying and inspection of the respondent’s devices and cloud‑accessed data.
* Anton Pillar/inter partes variation – digital forensics – authorisation to make forensic copies and access cloud/remote data.
* Procedural fairness – Uniform Rule 6(12)(c) remedy, supervising (independent) attorney oversight, right of respondent and experts to attend.
* Evidence determination – supervising attorney to decide what constitutes evidence; non‑evidentiary materials returned.
* Orders – return of specified device; timetable for forensic process and institution of damages/review proceedings.
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20 December 2018 |
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Arrest lawful under s40(1)(q) for suspected domestic violence; detention and prosecution lawful; malicious prosecution claim failed.
Criminal procedure – arrest without warrant – s40(1)(b) and s40(1)(q) CPA – distinction between Schedule 1 offences and domestic violence arrests; reasonable suspicion and objective test. Detention – police and prosecutor duties to present relevant information for bail decision; verification of identity/profile. Malicious prosecution – elements (instigation, reasonable and probable cause, malice, failure) and requirement to prove malice; withdrawal following mediation does not necessarily equate to failure for lack of evidence. Credibility and probabilities in civil claims against state actors.
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20 December 2018 |
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Court convicts stepfather of murder and mother of child neglect based on expert pathology and circumstantial evidence.
* Criminal law – Circumstantial evidence – application of S v Blom and related authorities – inferences must be consistent with all proved facts and exclude reasonable alternatives. * Child protection/Children’s Act 38 of 2005 – s305(3)(a) – abuse or deliberate neglect by parent/caregiver. * Expert evidence – admissibility and weight of forensic pathology and treating clinician evidence in determining cause and timing of injuries. * Murder – fatal non‑accidental blunt force injuries and immersion scalding establishing intentional killing.
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20 December 2018 |
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Accused convicted of murder and obstructing justice on cumulative circumstantial and DNA/blood evidence in a no‑body case.
No‑body homicide; circumstantial evidence; DNA/blood-stain analysis; chain of custody; credibility of accused; application of S v Blom and S v Nkuna principles.
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19 December 2018 |
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18 December 2018 |
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Summary judgment and executability may be granted in action proceedings where chapter 10.17 and rule 46A requirements are substantially complied with.
Civil procedure – summary judgment and executability of primary residence – interaction of rule 32, rule 46A and Practice Manual chapter 10.17; substantial compliance; relaxation of personal service; requirement for defendant to place facts relevant to executability; reserve price set at judgment debt.
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14 December 2018 |
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Reported
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14 December 2018 |
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A guarantor must pay where documentary conditions of an autonomous construction guarantee are met; courts will not restrain payment absent clear fraud.
* Construction guarantees – Autonomy of performance bonds/letters of credit – Guarantor liable where documentary conditions in guarantee are met; courts will not restrain payment except in clear fraud. * Documentary compliance – beneficiary need only present documents specified in guarantee; underlying contract disputes are res inter alios acta. * Company name change – lawful name change does not defeat entitlement under payment advice.
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14 December 2018 |
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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The applicant awarded R2,447,620 for loss of earning capacity; court applied 20% and 30% contingencies.
Road Accident Fund – quantum of damages – loss of earning capacity – assessment of pre-morbid vs post-morbid earning scenarios – evaluation of competing expert evidence (neuropsychological, educational, industrial, psychiatric, orthopaedic) – contingency deductions (20% uninjured; 30% injured) – statutory undertaking s17(4)(a).
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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13 December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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10 December 2018 |
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Reported
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7 December 2018 |
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Reported
Separation of divorce decree refused where applicant failed to show convenience and would prejudice respondent; Rule 43 relief cannot survive a final decree.
* Rule 33(4) – separation of issues in pending action – convenience includes fairness and appropriateness to all parties; applicant must make out prima facie case in founding affidavit. * Onus – applicant must set out sufficient facts in founding affidavit; matters raised in reply generally not allowed. * Rule 43 – maintenance pendente lite – pending Rule 43 relief does not survive a final decree of divorce where no matrimonial action remains pending (Gauteng authority). * Discretion – court must balance expedition against potential prejudice to spouse.
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7 December 2018 |
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7 December 2018 |
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6 December 2018 |
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6 December 2018 |
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By agreement under Rule 42 the court corrected a patent calculation error and ordered RAF to pay damages into a protective trust.
* Rule 42 — Correction of patent clerical/calculation error by agreement of parties; * Road Accident Fund — award of delictual damages and calculation of components; * Payment into attorneys’ trust pending formation of protective Trust under Trust Property Control Act; * Interest a tempora mora; * Section 17(4)(a) undertaking for future care costs; * Costs order including experts, taxation and conditions; * Preclusion of fees for specified dates.
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5 December 2018 |
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Court awarded R5.665m (loss of earnings and R800,000 general damages), set high injured contingency and ordered a protective trust.
• Road Accident Fund – quantum hearing – assessment of past and future loss of earnings and general damages
• Serious injury (HPCSA) – entitlement to general damages
• Contingency deductions – 5% past; 15% future uninjured; 50% future injured (high injured contingency due to neuro deficits and employment history)
• Trust formation and detailed trustee safeguards for capital awards
• Costs – claimant awarded party/party costs; defendant precluded from claiming fees for wasted court days
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4 December 2018 |
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4 December 2018 |
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3 December 2018 |
| November 2018 |
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Reported
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30 November 2018 |
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Court awarded R1,015,970 for future loss of earnings and general damages after assessing contested neuropsychological evidence.
* Damages – assessment of future loss of earnings – reliance on actuarial projections and appropriate contingency deductions to reflect uncertainties. * Expert evidence – evaluation of neuropsychological, educational and industrial psychology reports; weight of subjective reports versus objective medical findings. * General damages – assessment for mild concussive head injury, fractured jaw and contusions. * Road Accident Fund – undertaking in terms of s 17(4)(a) for future medical expenses.
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29 November 2018 |
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Insured driver who rear-ends another is solely liable where defendant fails to rebut plaintiff's uncontradicted evidence.
Road Accident – rear-end collision – prima facie negligence of following driver – single witness evidence – failure to call insured driver constituting adverse inference – contributory negligence/apportionment considered and rejected.
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28 November 2018 |
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Whether the applicant may obtain summary relief on a disputed, allegedly conditional suretyship or must proceed to trial.
* Company law – Acknowledgement of Debt and suretyships – enforceability where signatories allege conditional signing tied to withdrawal of liquidation application.
* Civil procedure – disputes of fact on affidavit – application of Fakie/Plascon-Evans tests; when to refer motion to trial for oral evidence.
* Contract vitiation – allegations of misrepresentation/condition affecting suretyship require trial where not manifestly implausible on papers.
* Matrimonial property – spouse’s consent to suretyship: not determined on affidavit where factual disputes remain.
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28 November 2018 |
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Applicant failed to prove statutory or customary adoption and did not follow statutory estate-objection procedures; application dismissed with costs.
* Family law – Adoption – Distinction between statutory (Children’s Act) and customary-law adoption – Essential elements of customary adoption include publicity/ceremony and family agreement; consent or incapacity of biological parent relevant. * Succession/estates – Procedure for objection to liquidation and distribution account under the Administration of Estates Act – objections must be lodged in duplicate within inspection period and processed through the Master before court intervention. * Civil procedure – Court will not compel the Master to act where prescribed statutory procedures have not been followed. * Costs – Vexatious litigation may attract an attorney-and-own-client costs order.
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28 November 2018 |
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27 November 2018 |
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27 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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26 November 2018 |
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23 November 2018 |
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22 November 2018 |
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Leave to appeal refused where applicant failed to exhaust Tax Administration Act remedies and no reasonable prospect of success.
* Tax law – administrative review – requirement to exhaust Tax Administration Act remedies before judicial review – appeal pending before Tax Court. * Civil procedure – leave to appeal – section 17 Superior Courts Act – reasonable prospect of success threshold. * Administrative law – discretion to decline review where internal remedies available. * Res judicata – prior order did not bar SARS reassessment.
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21 November 2018 |