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Citation
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Judgment date
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| July 2021 |
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Repeated breaches of successive leases and preserved termination clauses justified eviction and authorization of sheriff-assisted ejection.
Lease – non-payment and arrears – automatic termination clauses – indulgences do not constitute waiver where contracts expressly preserve termination rights – unlawful occupation and eviction – sheriff authorised to obtain police assistance.
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30 July 2021 |
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30 July 2021 |
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29 July 2021 |
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29 July 2021 |
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A partner may sue a co‑partner on a separate acknowledgement of debt during the partnership; exception dismissed.
Partnership/joint venture law — actio pro socio — whether a partner may sue a co‑partner during partnership for personal obligations — acknowledgement of debt enforceable independently of partnership’s subsistence — Shingadia Brothers distinguished.
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28 July 2021 |
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An expert exceeded his mandate by considering post-meeting documents and denying applicants a proper opportunity to respond.
Arbitration/expert determination – scope of expert’s mandate – expert bound by joint mandate; Procedure – single mandated meeting and documentary proof requirement; Fairness – duty to afford parties opportunity to address material; Review – determination reviewable where expert exceeds mandate or acts unfairly; Remedy – set aside and remit excluding unauthorized documents.
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28 July 2021 |
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Automatic Rent Interdict does not authorise forcible eviction; unlawful lock-out requires reinstatement under mandament van spolie.
Property law; mandament van spolie – unlawful lock-out of lessee; Automatic Rent Interdict (s31 Magistrates’ Courts Act) creates attachment only over movables on premises and does not permit self-help; tacit hypothec lost on removal of goods; lis alibi pendens may be refused in discretion to protect rule of law.
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27 July 2021 |
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27 July 2021 |
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Eviction granted; COVID‑19 regulations suspend enforcement; rent, levies and utility claims awarded to applicants.
Eviction under PIE – s 4(2) notice must be effective; court may accept notice not authorised by it if statutory object achieved; just and equitable inquiry under s 4(8); effect of Disaster Management Act COVID‑19 regulations on eviction timing and discretion to stay/suspend; motion proceedings: when rental/holding‑over damages are liquidated and when bona fide defence absent; award of utilities and levy claims supported by accounts; costs follow result.
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26 July 2021 |
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Illegal-entry detainees retain the right to seek asylum but must show good cause before lodging applications; detention remains lawful until application is submitted.
Refugee law – asylum applications by persons who entered or stayed unlawfully – Regulation 8(3) requires showing good cause before applying; Regulation 8(4) inapplicable in ordinary civil proceedings – detention lawful until valid asylum application submitted – respondents obliged to facilitate access to asylum processes.
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26 July 2021 |
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23 July 2021 |
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Failure to file and furnish a materially compliant appeal record under Rule 49 caused the appeal to lapse.
Civil procedure — Appeal — Uniform Rule 49(7)(a) — filing and furnishing of an appeal record — materially compliant record required (proper pagination and numbering, compiled notice of motion and affidavits) — failure to comply permits court to be approached under Rule 49(7)(d) for order that application for hearing date (and thus appeal) has lapsed — condonation for record defects must be sought to the appeal court.
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23 July 2021 |
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Leave to appeal granted where judge erroneously required proof of bona fide defence despite disputed incorrect service under Rule 42(1)(a).
Civil procedure – rescission of default judgment – Rule 42(1)(a) – incorrect service may disentitle court from requiring proof of bona fide defence – domicilium and contractual "terms of business" clauses – discretion in Rule 42(1) – leave to appeal to Full Bench granted.
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23 July 2021 |
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23 July 2021 |
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22 July 2021 |
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An arrest without a warrant is unlawful where the arresting officer lacks reasonable suspicion that the offence is a Schedule 1 offence.
Criminal procedure – Arrest without warrant – Section 40(1)(b) CPA – All four jurisdictional facts must be present – Offence must be in Schedule 1 – Arresting officer’s knowledge and reasonable suspicion are essential; absence renders arrest unlawful; damages for unlawful detention.
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22 July 2021 |
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22 July 2021 |
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Applicant granted restitution of R800,000; loan void under NCA and respondent lacked a bona fide defence.
Summary judgment – Rule 32 – claim for liquidated amount where underlying credit agreement void for non‑registration under NCA – plaintiff sues in unjustified enrichment (condictio ob turpem vel iniustam causam). National Credit Act – section 40 – non‑registration renders credit agreement unlawful and unenforceable; restitution available. Defences to summary judgment – bona fide defence required on affidavit; unsupported later denials and ‘loose wording’ explanations insufficient. Receipt of payment – admission in plea is significant and may defeat later unsupported contradictions.
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22 July 2021 |
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20 July 2021 |
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Reported
Court granted leave to amend pleadings under Rule 28, finding no mala fides or incurable prejudice; plaintiff to pay costs.
Rule 28 – amendment of pleadings; discretion to allow amendments unless mala fides or incurable prejudice shown; prescription is a special plea; clarificatory amendments permitted; costs and consequential pleadings as remedies for prejudice.
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19 July 2021 |
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An exception fails when a guarantee’s terms are ambiguous and interpretation requires trial evidence.
Contract law – guarantee interpretation; continuing covering security vs signature-date limitation; exception procedure; plea must disclose cause of action; ambiguity bars resolution on exception.
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19 July 2021 |
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Leave to appeal dismissed: one‑day late amendment inadequately explained; prejudice shown and new action amounted to waiver, appeal moot.
Civil procedure — Rule 27(1) — upliftment of bar and condonation — applicant must explain delays before, during and after bar; inordinate/poorly explained delay adversely affects prospects of success. Superior Courts Act s17(1)(a)(i) — leave requires realistic prospects of success. Peremption/acquiescence — institution of identical proceedings after judgment may waive right to appeal and render application moot. Prejudice — delay can cause actual prejudice (including to share price) justifying refusal to uplift bar.
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19 July 2021 |
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16 July 2021 |
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Applicants failed to show good cause or prima facie prospects of success for condonation and leave to appeal; application dismissed.
Civil procedure – condonation for late filing – applicant must show reasonable explanation, bona fides and prima facie prospects of success. Prescription – mortgage-bond debt attracts 30-year period under s11(a)(i) of Prescription Act. National Credit Act – compliance with s86(10) notices; failure to raise service objections timely deprives such grounds of merit. Rescission – factual and procedural complaints raised late or unsupported on affidavit do not establish entitlement to rescind default judgment.
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14 July 2021 |
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Pedestrian hit when vehicle mounted sidewalk discharged onus; RAF held 100% liable for proven damages.
Road Accident Fund; pedestrian injured when vehicle mounted pavement; causation and merits — plaintiff’s onus discharged where oral evidence corroborated by police and hospital records; no contributory negligence where vehicle unlawfully mounted sidewalk; defendant unrepresented and non‑compliant with discovery and medico‑legal reporting; amendment of particulars to correct date permitted.
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12 July 2021 |
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Interim Rule 43 order required respondent to pay maintenance, school and medical expenses and contribute to the applicant's legal fees.
Family law – Rule 43 interim relief in matrimonial matters – custody, access and maintenance pendente lite; Maintenance Act s15 – parental duty to maintain children; Interim contribution to legal costs pending divorce; Financial disclosure and gambling expenditure as evidence of ability to pay maintenance.
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9 July 2021 |
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The applicant's arrest and 39-day detention were unlawful; the respondent liable and ordered to pay R650,000 plus interest.
Unlawful arrest and detention; section 12(1) Constitution – arbitrary deprivation of liberty; Criminal Procedure Act s40(1) – protection where arrest justified; police investigatory duties – identikit and firearm investigation; requirement to read and procure signing of constitutional rights form; delict – actio iniuriarum for non-patrimonial damages; assessment of general damages for psychological harm and loss of dignity.
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9 July 2021 |
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Interim interdict restored executrix’s access and restrained respondent from dealing with estate assets; counterclaim dismissed for non-joinder.
Estate administration – urgent interim relief – incumbent executrix's access to estate property – section 54(1)(b) notice – locus standi – non-joinder of Master and nominated executor – court cannot direct Master whom to appoint – interim interdict to prevent dealing with estate assets.
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7 July 2021 |
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7 July 2021 |
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6 July 2021 |
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Applicants cannot be deported or detained without an opportunity for refugee status determination; detention unlawful pending RSD decision.
Refugee law; non‑refoulement and interplay of Refugee Act and Immigration Act; validity of waiver of constitutional/refugee rights; effect of 2020 Refugee Act amendments (biometrics/five‑day rule) and regulation 8(3) 'good cause' requirement; fair‑trial rights (legal representation/interpreter) of detained migrants; lawfulness of detention pending asylum determination; High Court jurisdiction to grant interim relief despite magistrates' deportation order.
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6 July 2021 |
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Rule 30A(1) notices do not avert ipso facto bar; applicant failed to show grounds for rescission or a bona fide defence.
Civil procedure – rescission of default judgment – Rule 42(1) (erroneously sought/granted) – Rule 31(2)(b) (good cause, bona fide defence) – Rule 30A(1) notices not pleadings and do not interrupt Notice of Bar – cession of debt (out‑and‑out sale) confers locus standi – bald statutory allegations insufficient.
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6 July 2021 |
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The applicant failed to prove the respondent's employees negligently pushed her from the train; credibility and probabilities favoured the respondent.
• Delict – vicarious liability of public rail provider for passenger injuries – onus on claimant to prove negligent breach of duty. • Negligence – Kruger test applied. • Credibility and probability – application of Stellenbosch Farmers Winery factors. • Evidentiary law – limited weight to documents not traversed in evidence.
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5 July 2021 |
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Failure to file heads of argument justified an order compelling compliance and an award of costs against the respondent.
Civil procedure – Rule 30A – non‑compliance with court rules – application to compel filing and service of heads of argument – dilatory conduct and adverse costs order.
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2 July 2021 |
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Failure to notify/join the Registrar of Deeds under s97(1) is fatal to a usus cancellation application.
Notarial usus deed — application for cancellation; jurisdiction — Gauteng Local Division (Johannesburg) has concurrent jurisdiction with Pretoria (Gov Gazette 39001); Deeds Registries Act s97(1) — mandatory seven days' notice to Registrar of Deeds and ability to submit report; non-notification/non-joinder of Registrar is fatal to cancellation application; joinder test — direct and substantial interest required; application dismissed with costs.
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1 July 2021 |
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The applicant's joinder of the trust and relatives to accrual and maintenance claims was refused; replying affidavit partly struck out.
Civil procedure – Joinder (Rule 10(3)) – Whether trustees/settlor of an inter‑vivos trust may be joined to divorce counterclaim for accrual, spousal and children’s maintenance. Matrimonial property – Accrual system and antenuptial contract – Effect of donations, inheritances and benefits from inter‑vivos trusts on accrual calculation; timing rules for inclusion/exclusion. Trust law – Trustees’ discretion – Court cannot compel trustees to exercise discretionary payments for maintenance. Civil procedure – Striking out – Prolix and new matter in replying affidavit; Rule 6(15).
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1 July 2021 |