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Citation
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Judgment date
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| February 2019 |
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Reported
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28 February 2019 |
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28 February 2019 |
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28 February 2019 |
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The plaintiff proved a non-permanent loss of earning capacity from soft-tissue injuries; the defendant ordered to pay R2.954m.
Road Accident Fund – liability conceded; quantum in issue – past and future loss of earnings/earning capacity. Medical evidence – head injury/concussion disputed; injuries limited to soft tissue; causation of degenerative disc not established. Credibility – plaintiff found to have exaggerated some symptoms; contemporaneous records given greater weight. Loss assessment – burden to prove impairment of earning capacity; future loss quantified with contingency deductions; speculative academic advancement (MBA) rejected. Costs – costs awarded on High Court scale; specified expert fees allowed; some expert qualifying fees disallowed; s.17(4)(a) undertaking ordered.
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28 February 2019 |
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27 February 2019 |
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25 February 2019 |
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22 February 2019 |
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22 February 2019 |
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22 February 2019 |
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Court dismissed application to remove registered restrictive title condition: holder's consent required; applicant not a statutory 'beneficiary'.
Property law – Restrictive conditions/servitudes – Registered personal servitude becomes a real right enforceable against successors in title – Removal or modification requires consent of affected holders; Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965 – "beneficiary" and "other instrument" interpreted restrictively (testamentary instruments) – Locus standi of owner to invoke Act rejected.
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22 February 2019 |
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A fingerprint found at the scene, with no plausible innocent explanation, upheld the robbery conviction on appeal.
Criminal law – Robbery with aggravating circumstances – conviction upheld on circumstantial fingerprint evidence. Evidence – Fingerprints at scene – strong probative value but to be judged on totality of evidence and plausibility of innocent explanations. Circumstantial evidence – reasonable possibility test; remote or speculative explanations insufficient to rebut State’s case. Credibility – assessment of accused’s explanations and surrounding factual matrix.
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22 February 2019 |
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22 February 2019 |
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22 February 2019 |
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Reported
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21 February 2019 |
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21 February 2019 |
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21 February 2019 |
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Court awarded R1,401,236 with 33% post-morbid contingency deduction and R370,000 general damages.
Road Accident Fund – Quantum – General damages to be assessed on narrative test where assessment by assessor not validly rejected; award of R370,000 for permanent orthopaedic and neurocognitive sequelae. Loss of earnings – Actuarial calculation – application of 18% pre-morbid and 33% post-morbid contingency deductions due to reduced productivity and employability. Expert evidence – determination on written expert reports without oral evidence where opinions were uncontentious. Section 17(4)(a) undertaking – RAF to furnish undertaking for future medical/treatment costs. Contingency Fees Act – contingency fee agreement found lawful and valid.
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21 February 2019 |
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21 February 2019 |
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21 February 2019 |
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Appeal dismissed: rape convictions and life sentence confirmed where identification and medical corroboration proved guilt beyond reasonable doubt.
Criminal law – Sexual offences – Rape of child – Identification and penetration – Single-witness evidence corroborated by medical evidence – Competence of mentally slow child witness – Failure to cross-examine on essential element – Sentencing – prescribed minimum sentence and substantial and compelling circumstances.
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21 February 2019 |
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Reported
Applicant’s claim for unlawful disclosure of medical records dismissed because prior disclosure to employer negated confidentiality.
• Constitutional law – right to privacy (s14) – delictual remedy (actio iniuriarum) available for breach; • National Health Act – confidentiality of health records (s14), access/disclosure (s15) and protection/use prohibitions (s17) apply to any person; • Prior voluntary disclosure to employer can negate confidentiality; • Elements of actio iniuriarum—wrongfulness, impairment of privacy, and animus iniuriandi—must be established; • Employer’s verification/contractual screening may justify use of disclosed medical information.
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21 February 2019 |
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Appeal against PIE eviction dismissed as moot and for failure to prosecute; magistrate’s eviction upheld with costs.
Land/PIE Act – eviction of former owners remaining in occupation after transfer – compliance with PIE; Postponement of eviction – personal circumstances and winter weather – relevancy where proposed alternative date has passed (mootness); Civil procedure – failure to prosecute appeal and withdrawal of attorneys – dismissal and costs.
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20 February 2019 |
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20 February 2019 |
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20 February 2019 |
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Appeal against 10-year fraud sentence dismissed; rejection of correctional supervision upheld despite untested report.
Sentencing review; correctional supervision—rejection and sufficiency of reasons; duty to call Correctional Services/probation officer; white-collar crime—imprisonment appropriate for serious, protracted fraud involving breach of trust and self-enrichment.
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19 February 2019 |
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Where occupiers fall under ESTA, only the Land Claims Court or magistrate’s court has jurisdiction absent consent.
Competing jurisdiction — urgent interim evictions/removals — PIE v ESTA — definition of "unlawful occupier" excludes ESTA occupiers — s15 (urgent removal), s17 (choice of court and consent), s20 (Land Claims Court exclusive and ancillary powers) — High Court lacks jurisdiction absent parties’ consent — interim relief under PIE cannot be used where final relief is governed by ESTA.
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15 February 2019 |
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Client’s prevention of security guards’ performance repudiated contract; damages award upheld and appeal dismissed.
Contract law – Repudiation – Security‑services agreement – Prevention of performance by client constitutes repudiation; damages recoverable where provider’s evidence on quantum stands unchallenged. Defences of statutory non‑compliance and failure to follow contractual job‑description procedures require evidential proof.
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13 February 2019 |
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Reported
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12 February 2019 |
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Email criticisms of a chairman to shareholders were fair comment; plaintiff's defamation claim dismissed.
Defamation – publication to shareholders – primary and secondary (innuendo) meanings – requirement to plead and prove special circumstances for innuendo. Defence of fair comment/truth – criticisms in corporate governance disputes may be protected if substantially true and reasonable. Onus and balance of probabilities in defamation actions. Reasonableness of publication in shareholder contexts (freedom of expression vs dignity).
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12 February 2019 |
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Court found arrest and detention of mother unlawful and malicious; infant twins unlawfully detained and awarded damages.
Police liability – unlawful and malicious arrest and detention – child rights (s 28 Constitution) – detention of infants with arrested parent unconstitutional – damages and creation of trust for minors’ awards – assessment of credibility and use of cell register as decisive evidence.
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12 February 2019 |
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Ill‑health does not constitute substantial and compelling circumstances to avoid prescribed life sentence for repeated rape of a 12‑year‑old.
Criminal law – Minimum sentencing (s51(1) and Schedule 2 Part I) – Rape of a child under 16 and repeat offences – Substantial and compelling circumstances – Ill‑health (stroke, HIV) as mitigating factor – Abuse of position of trust; pregnancy and HIV transmission as aggravating factors.
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12 February 2019 |
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12 February 2019 |
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A descriptive trade phrase cannot be monopolised; the respondent’s different get-up precludes passing off.
Passing off – requires proof of reputation, misrepresentation (likelihood of confusion) and damage. Trade marks – descriptive words and common phrases: narrower protection; risk of confusion must be borne unless whole get-up is appropriated. Distinctiveness may reside in overall get-up/trade dress rather than in descriptive words alone. Even if secondary meaning exists for a descriptive term, minor differences can prevent passing off.
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7 February 2019 |
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Court ordered sale of jointly owned property under actio communi dividundo with prescribed marketing, default and cost provisions.
Co-ownership — actio communi dividundo — court-ordered sale of jointly owned property — appointment of estate agents — minimum reserve price — sheriff authorized to sign transfer for non-cooperative co-owner — costs payable from sale proceeds.
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7 February 2019 |
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7 February 2019 |
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7 February 2019 |
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7 February 2019 |
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An unsigned partly oral lease may be binding and supports summary judgment for a liquidated rent claim; appeal dismissed with punitive costs.
Civil procedure – summary judgment under Magistrates’ Court Rule 14(1)(b) – claim for liquidated amount (rent) arising from partly oral/partly written lease. Contract law – unsigned lease enforceable where there has been performance; Rental Housing Act and CPA s50 implications. Evidentiary rules – limitations on plaintiff adducing oral evidence in summary judgment; sufficiency of affidavit verification. Defence requirements – necessity for a bona fide, detailed defence to resist summary judgment. Costs – award of attorney-and-own-client costs for unmeritorious appeal.
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7 February 2019 |
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Court held prior liability order and PFMA provisions do not bar orders for future medical services or instalment payments.
Interpretation of court orders – text, context and purpose (Endumeni approach) Res judicata – when a prior liability determination does not bar later quantification issues Development of common law – scope to permit non-monetary or periodic compensation in delict Public Finance Management Act s.66 and Treasury Reg 8.2.3 – do not oust judicial power to order future services or instalment payments
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7 February 2019 |
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An earlier liability order did not bar courts from ordering state-provided services or instalment payments; PFMA s.66 and Reg 8.2.3 do not preclude such remedies.
Delict — quantum — form and timing of compensation — whether court may order state to render future medical services or payment by instalments; Public Finance Management Act s.66 and Treasury Regulation 8.2.3 — do not oust judicial remedial powers; interpretation — text, context and purpose; res judicata — earlier liability order did not decide quantification.
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7 February 2019 |
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Liquidators may evict unlawful occupiers after lease cancellation where occupants can reasonably obtain alternative accommodation.
Eviction under PIE Act; locus of liquidators to bring eviction on behalf of company owner; unlawful occupation following lease cancellation; s 4(6)/(7) six‑month threshold applies to unlawful occupation; municipal duty to provide alternative accommodation only where evictees require assistance; just and equitable inquiry where occupants have means to secure alternative housing.
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7 February 2019 |
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7 February 2019 |
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6 February 2019 |
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A national executive must afford notice, consultation and reasons before dissolving a provincial party structure and appointing an interim team.
Party governance and constitutional review; internal party decisions and section 19 political rights; audi alteram partem in party constitutions; NEC powers under Rule 12.2.4 constrained by necessity, procedural fairness and reasoned decision-making; appointment of interim structures reviewable; mootness and public interest exception.
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6 February 2019 |
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5 February 2019 |
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Applicant's review of a pension-fund section 37C allocation dismissed as late; merits not decided.
Pension funds – section 37C death benefits – dependency and nominees – fund's duty to investigate dependants; Administrative law – review under PAJA – exhaustion of internal remedies, time limits and condonation; Enforceability of Adjudicator determinations – res judicata and effect of refusal to re-hear; Procedural – courts may refuse late review despite arguable merits.
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5 February 2019 |
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4 February 2019 |
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4 February 2019 |
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1 February 2019 |
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Applicant entitled to have arbitral appeal award made an order of court despite respondent’s late capacity challenge.
Arbitration Act 42 of 1965 – enforcement – section 31 – making arbitral award an order of court. Legal capacity – joint venture/partnership alleged dissolution – capacity to litigate/enforce awards. Civil procedure – late supplementary affidavit – admissibility and mala fides. Construction arbitration – interpretation of procedural Directive clause on costs. Costs – s35(4) Arbitration Act – taxation by Taxing Master on High Court party-and-party scale.
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1 February 2019 |