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Citation
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Judgment date
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| May 2021 |
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An opinion-piece alleging the applicant personally 'fixed the rand' was defamatory; media defences failed and injunctive relief ordered.
Defamation — Meaning of publication — Ordinary reasonable reader test; Defamation — Statements imputing criminality are per se defamatory; Defamation — Defences of truth/public interest, fair comment and reasonable publication — onus on media to prove and to show reliable sources and opportunity to respond; Remedies — declarator, interdict, removal from online platforms and court-ordered apology; Balancing constitutional rights — freedom of expression v dignity and reputation.
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28 May 2021 |
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Striking out a plea does not itself decide merits; parties who consent to a quantum-only trial cannot later raise merits, and R60,000 awarded.
Delict – wrongful arrest and detention – striking out of plea on exception – effect of striking out (does not dispose of action) – parties consenting to quantum-only trial – late reliance on merits barred – assessment of general damages for detention and humiliation.
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25 May 2021 |
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Where factual disputes exist in domestic violence affidavits, the matter must be referred for oral evidence before final relief.
Domestic Violence Act — opposed application for final protection order — disputed factual allegations on affidavit — proper approach to motion proceedings — where disputes are not manifestly untrue the matter must be referred for oral evidence; reasons required for decisions; condonation for procedural non‑compliance granted.
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25 May 2021 |
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Rescission refused where applicants’ bald denials failed to show a bona fide defence and service at domicilium was valid.
Civil procedure – rescission of default judgment – required showing of a bona fide defence – bald, vague or sketchy denials insufficient. Service of process – domicilium citandi et executandi – valid service at chosen domicilium; lockdown regulations did not invalidate permitted civil process. Evidentiary sufficiency – detailed confirmatory affidavits, job cards, ATPs and debit order records can rebut bald allegations of fraud. Discretion – absence of bona fide defence justifies refusal to rescind. Professional discipline – court may refer attorney’s conduct to Legal Practice Council where papers suggest misconduct.
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24 May 2021 |
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Rule 43 permits pendente lite maintenance and contribution to matrimonial legal costs, but not loans or unrelated litigation costs.
Family law – Rule 43 applications – maintenance pendente lite; contribution towards costs of pending matrimonial action as a species of spousal maintenance; limits of Rule 43—loans, debts and litigation costs unrelated to the divorce not competent in Rule 43; interim relief: monthly maintenance, medical aid continuation, vehicle-related obligations; costs of Rule 43 application to be determined in main trial.
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21 May 2021 |
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Court ordered pendente lite maintenance, legal-costs contribution, rental and medical-aid obligations against the respondent.
Family law – pendente lite relief – interim maintenance – court ordered monthly maintenance and payment method; continuation of payment of expenses and rental; exclusion of specified items. Family law – costs – contribution to applicant’s legal costs payable in instalments; costs of urgent application on party-and-party scale; Rule 43 costs to be costs in main action. Family law – medical aid – respondent ordered to retain applicant and children on his medical aid and pay uncovered medical expenses.
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19 May 2021 |
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Court granted summary judgment on an AOD, holding alleged technical defects and suspensive condition meritless and rectification appropriate.
Civil procedure – summary judgment (Rule 32) – liquid document (acknowledgement of debt) – requirements for summary judgment and genuine bona fide defence.* Contract – acknowledgement of debt – manuscript amendment and non‑initialling – subsequent counter‑initialling and conduct may cure technical defect.* Contract – suspensive condition versus term – when an alleged suspensive condition does not mortify agreement; rectification permitted where parties’ conduct shows common intention.* Costs – attorney and own client scale with costs of counsel awarded where defence held to be frivolous and dilatory.
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12 May 2021 |
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8 May 2021 |