|
Citation
|
Judgment date
|
| May 2019 |
|
|
Reported
A widely shared tweet alleging corruption and nepotism was defamatory; defences failed and removal, retraction, injunction and R500,000 awarded.
Defamation; social media publication; per se defamatory statements; truth, reasonable publication and fair-comment defences; extension of Bogoshi principles to social media publishers; duty to verify anonymous allegations; removal, retraction, injunction, damages and punitive costs.
|
30 May 2019 |
|
|
23 May 2019 |
|
A fraud claim relying on unspecified 'generally accepted accounting practice' is vague, prejudicial, and may be struck.
Civil procedure – exception – vagueness and embarrassment; accounting law – pleading non‑compliance with 'generally accepted accounting practice' requires identification of the specific standard or principle alleged to have been breached; SA GAAP withdrawn and APB wound up – absence of particularised reliance on 'little gaap' or IFRS practice fatal to fraud pleading; Trope two‑fold test applied.
|
21 May 2019 |
|
Reported
A judge’s LPC membership and an amicus association do not, without more, justify recusal for apprehended bias.
Judicial recusal – apprehended bias – objective test and presumption of impartiality; onus on applicant; disclosure by judge; amicus curiae – role and limits; standing of an invited amicus to apply for recusal; mere association insufficient to warrant recusal.
|
17 May 2019 |
|
An interlocutory Rule 60A(2)(c) order is not appealable; appellant’s vexatious and dishonest conduct attracts punitive costs and Bar referral.
Appealability — finality of judgment — attributes of a judgment (Zweni) — interlocutory order under Magistrates’ Court Rule 60A(2)(c) not appealable; professional conduct — vexatious enrolments, unserved taxation and false statements — costs on attorney-and-client scale; referral to Bar Council for fitness to practise.
|
16 May 2019 |
|
|
15 May 2019 |
|
|
15 May 2019 |
|
Amendment allowed: alternative negligence particulars within same cause of action; statutory notice and prescription objections fail.
Interlocutory application to amend particulars — Rule 28(4) — alternative averments of negligence within same Aquilian cause of action — not a new cause of action — Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 notice and prescription objections misplaced — prejudice remedied by costs.
|
14 May 2019 |
|
|
14 May 2019 |
|
|
9 May 2019 |
|
|
9 May 2019 |
|
|
7 May 2019 |
|
|
7 May 2019 |
|
|
3 May 2019 |
|
|
3 May 2019 |
|
|
3 May 2019 |
|
|
2 May 2019 |