High Court of South Africa South Gauteng, Johannesburg - 2021 February

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4 judgments

Citation	Judgment date
February 2021
Matthews v Douglas Dale Dairy (Pty) Ltd (31670/19) [2021] ZAGPJHC 150 (25 February 2021) A subsequent owner may sue in delict for damages for unlawful occupation ('holding over'); co-owner need not be joined. Property law; delict — unlawful occupation ('holding over') — actio legis Aquiliae available to an owner (including a subsequent owner) for patrimonial loss; "holding over" not confined to contractual claims; damages ordinarily measured by market rental; joinder — co-owner not a necessary party absent direct substantial prejudice.	25 February 2021
O N v Minister of Home Affairs and Others; O A and Another v Director General: Department of Home Affairs and Another; Onwuakpa v Director General: Department of Home Affairs and Another (2021/0013; 2021/0014; 2021/01004) [2021] ZAGPJHC 855 (18 February 2021) Asylum seekers detained pending deportation must be released unless the State proves lawful detention under the Refugees Act. Refugees Act s21(4) and non-refoulement; Immigration Act s34(1) and judicial oversight post Lawyers for Human Rights; burden on State to plead and prove lawfulness of detention; limits on courts to judicially supervise statutory/bureaucratic asylum processes (not decide merits); application and limits of regulation 8(3)-(4) and port-of-entry provisions; administrative process for withdrawal of asylum status and detention under Refugees Act; detention at Lindela pending deportation.	18 February 2021
Tislevoll v Minister of Social Development and Others (30278/2020) [2021] ZAGPJHC 618 (15 February 2021) Chapters 15 and 16 do not permit a foreign national habitually resident in South Africa under one year to adopt; application dismissed with costs. Family law – Adoption – Interaction of Hague Convention with Chapters 15 and 16 of the Children’s Act; inter-country adoption requires distinct receiving and origin States; domestic adoption requires citizenship or permanent residency for RAPCAP registration; pre-identification of a child prohibited; foster care governed by permanence planning; administrative review under PAJA – no reviewable irregularity found.	15 February 2021
Nakasote v Mulenga and Others (12300/20) [2021] ZAGPJHC 30 (10 February 2021) Whether the Prinsloo contact plan should be implemented and whether case manager costs must be shared. Children — Contact and rehabilitation of parental relationship — Implementation of jointly-instructed psychological report — Appointment and cost-sharing of case manager — Costs of opposed hearing — Recognition of UK special guardianship order and pathway for later variation.	10 February 2021