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Citation
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Judgment date
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| August 2021 |
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Court rectified contract and enforced reasonable 12‑month restraint and broad confidentiality undertakings against the respondent.
Employment law – restraint of trade and confidentiality – enforceability – duress, inchoate contract and waiver defences considered; reasonableness assessed against protectable proprietary interests and public policy. Contract law – rectification – clerical error: substitution of 'company/director' with 'close corporation/member'. Urgent procedure – Rule 6(12) – ongoing harm from alleged breach justifies urgent relief. Constitutional consideration – right to trade vs pacta sunt servanda balance in restraint enforcement.
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31 August 2021 |
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30 August 2021 |
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Court awarded interim maintenance R60,200/month, denied vehicle exchange, ordered R100,000 towards applicant's legal costs and interim contact schedule.
Family law – Rule 43 – maintenance pendente lite – assessment of reasonable needs versus respondent's means; trust funds and lifestyle as indicators of means; interim ancillary relief (education, medical aid, residence costs). Civil procedure – Rule 43(5) discretion to admit extensive affidavits where children's best interests require fuller ventilation. Costs – contribution to legal fees to ensure equality of arms; discretion to order interim legal costs.
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30 August 2021 |
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Late rescission of order declaring sale lawful refused for inexcusable delay and limited prospects of success.
Administration of estates – rescission of court order – Rule 42(1)(a) – condonation for late rescission – adequacy of explanation for delay – bona fide purchaser prejudice – finality of litigation.
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30 August 2021 |
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30 August 2021 |
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Arrest upheld as based on reasonable suspicion; appellants failed to prove unlawful detention after first court appearance.
Criminal procedure – Arrest without warrant – Section 40(1)(b) – reasonable suspicion may be formed from facts and information available to arresting officer; Civil liability – continued detention after first court appearance – onus on plaintiff to prove police conduct caused unlawful detention; Pleadings – abandonment of claim against prosecuting authority limits reliance on prosecutor/magistrate conduct.
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27 August 2021 |
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Applicants failed to prove subsistence or infringement of copyright in an incomplete tourism-safety document; claim dismissed.
Copyright law – subsistence: requirement of an identifiable recorded original work and proof of originality Copyright infringement – requirement of objective similarity and causal link (copying) between works Motion proceedings – affidavits serve as both pleadings and evidence; onus on applicant to establish facts Amendment of pleadings – permissible where no prejudice to opposing parties Vexatious Proceedings Act – order refused where conduct does not show persistent, ungrounded litigation
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27 August 2021 |
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Customary wife and children entitled to ancestral burial; civil wife interdicted from burying deceased in Soweto; banks frozen pending executor.
Civil and customary marriages – competing burial rights – entitlement to possession of body where deceased had both customary and civil wives. Urgent/interim relief – limits of urgent court to determine matrimonial status – declaration of marriage validity to be reserved for trial. Evidence – inadmissibility/limited weight of an undated handwritten instruction and an unproduced Will in urgent proceedings. Interim estate measures – freezing bank accounts pending appointment of executor; limited release of funds for burial expenses.
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27 August 2021 |
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26 August 2021 |
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Reported
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26 August 2021 |
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26 August 2021 |
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24 August 2021 |
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Applicant entitled to repossess vehicle under written instalment agreement and rei vindicatio despite respondent's simulation claim.
Property law – instalment sale – written agreement providing that asset belongs to funder/title holder until full payment – delivery and vicarious possession sufficient for traditio. Evidence – parol evidence rule – written contract cannot be contradicted by extrinsic evidence to vary ownership terms. Relief – rei vindicatio and contractual repossession available to funder following purchaser's breach; motion procedure and Plascon-Evans principles applied.
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24 August 2021 |
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24 August 2021 |
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23 August 2021 |
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Occupiers' unsupported rent‑boycott defence rejected; eviction granted but stay/suspension ordered pending end of adjusted alert level 3.
Property law / PIE – eviction of unlawful occupiers; bona fide defence to eviction (ownership dispute; withholding rent for repairs) – insufficiency of evidence. Consideration of personal circumstances and role of municipality under s4(7) PIE – when City report/assistance required. Interaction with COVID‑19 Disaster Management regulations – discretionary stay/suspension of eviction pending end of adjusted alert level 3. Conduct amounting to rent boycott, self-help (changing locks, intimidation) relevant to justice and equity enquiry.
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20 August 2021 |
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High Court declined to compel security for costs where the SCA granted leave, reading Rule 49(13) restrictively and dismissing the application.
Civil procedure – security for costs – Rule 49(13) – scope and application where SCA grants leave to appeal. Constitutional law – access to court (section 34) – limitation analysis and justifiability (section 36) – ripeness and subsidiarity. Administrative/legislative validity – Rules Board Act and Superior Courts Act – whether Rules may impose obligations limiting access to court; doctrine of legality and ultra vires review. Jurisdiction and discretion – High Court’s power under Rule 30A and section 173; when to compel security in the interests of justice.
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18 August 2021 |
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18 August 2021 |
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A bona fide purchaser in a sale in execution may evict occupiers where a claimed lien and estate-sale irregularity are unproven.
Property law – eviction under PIE Act – bona fide purchaser following sale in execution – occupier’s lien defence and enrichment claims. Civil procedure – sale in execution and transfer – effect on third-party purchaser’s title. Administration of Estates Act s30 – alleged irregularity in execution sale and adequacy of executrix’s evidence.
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18 August 2021 |
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Contempt claim dismissed; administrator’s appointment set aside for lack of evidence and inadequate qualification, and administrator removed.
Contempt of court — requisites (order, service/notice, non-compliance, wilfulness/mala fides) — order appointing administrator confers duties on administrator not third parties; reconsideration/removal of administrator — Rule 6(12)(c) and s16(5) of Sectional Titles Act; appointment set aside for lack of substantiated mismanagement and inadequate qualification of administrator; costs orders.
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17 August 2021 |
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An oral parenting agreement including maintenance obligations can be enforceable despite section 34 writing formalities.
Children’s Act – parenting plans – formalities under s34(1)(a) – writing requirement relates to registration or court orders and does not automatically void oral agreements; Maintenance Act – verbal maintenance agreements recognised; best interests of the child – constitutional consideration in enforcement of maintenance obligations.
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17 August 2021 |
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Court granted Rule 33(4) separation to determine a discrete counterclaim first, confined discovery and awarded costs to applicant.
Civil procedure – Rule 33(4) – separation of issues – court's discretion – convenience and fairness test. Counterclaim – self-contained repayment claim – appropriate for separate determination. Special pleas – taxation and prescription do not necessarily prevent separation where counterclaim is independent. Discovery – may be confined to issues separated under Rule 33(4). Costs – costs of separation application to follow the event.
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16 August 2021 |
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Plaintiff failed to prove a twin was delivered or that defendants were negligent; claim dismissed with costs.
Medical negligence; alleged missing twin after delivery – evaluation of credibility and probabilities; weight of expert evidence versus contemporaneous eyewitness and clinical records; admissibility of late-discovered redress documents; onus of proof in medical malpractice claims.
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16 August 2021 |
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Appeal against 20‑year sentence dismissed; court found substantial and compelling circumstances justified deviation from life.
Criminal law – Sentencing – Rape of child under 16 – Prescribed minimum life sentence – Departure only where substantial and compelling circumstances exist; Appellate review – Interference with sentence limited to misdirection, irregularity or disturbingly inappropriate sentence; Consideration of personal mitigation (age, first‑offender, time in custody) versus victim impact and societal interests.
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16 August 2021 |
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16 August 2021 |
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16 August 2021 |
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Applicant failed to show good cause to rescind default judgment; service at chosen domicilium was valid.
Rescission of default judgment — Rule 31(2)(b) "good cause" requires bona fide and substantial defence; service at chosen domicilium by affixing to door valid under Rule 4(1)(a)(iv); contractual notice of address change must comply with agreement (hand or registered mail); allegations of improper interest or obligation to refinance require evidential support.
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16 August 2021 |
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Applicant unlawfully dispossessed; written lease not validly cancelled so purchaser's lockout constituted spoliation and rule nisi confirmed.
Property law – mandament van spolie – requirements: prior possession and unlawful dispossession; remedy aimed at preventing self-help. Contract law – cancellation of lease – must be clear, unambiguous and comply with contractual form (written notice where required). Property/transfer – huur gaat voor koop (lease survives sale): purchaser takes subject to existing valid lease. Civil procedure – preliminary points: non-joinder, disputes of fact on motion, authority under Rule 7(1) and commissioner of oaths objections. Enforcement – purchaser/agent may not effect ejectment without court-authorised process or proper warrant.
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13 August 2021 |
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Final interdict granted against competitor and manager for misusing and exploiting employer’s confidential client and quote databases.
Confidential information – customer, training and follow‑up quote databases – misappropriation by former employees; use by competitor and manager; unlawful competition; Anton Piller search evidence; Plascon‑Evans/Fakie approach on motion; final interdict and deletion order; punitive costs (attorney-and‑client).
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12 August 2021 |
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Applicant failed to prove exceptional circumstances or irreparable harm to permit execution pending appeal; application dismissed with costs.
Superior Courts Act s18 – suspension of operation and execution pending appeal; exceptional circumstances; irreparable harm; applicant's burden to prove ability to restore status quo ante; Rule 49(12) security insufficient to displace onus.
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12 August 2021 |
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12 August 2021 |
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11 August 2021 |
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Summary judgment dismissed where verification failed due to misdescribed vehicle and non-compliance with Rule 32(2)(b).
Summary judgment — verification of cause of action — Rule 32(2)(b) — amendment to particulars of claim regarding vehicle identification (chassis number) — misdescription of property — leave to defend — costs of wasted occasion reserved.
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11 August 2021 |
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Application to set aside property transfer dismissed due to non-joinder of mortgagee and insurmountable disputes of fact.
Property law – transfer of immovable property – application to set aside transfer on basis of alleged fraud – necessity of joining mortgagee whose security would be affected. Civil procedure – motion proceedings – disputes of fact under Plascon-Evans – fraud generally inappropriate for determination on motion. Evidence – late replying affidavits and eleventh-hour expert evidence – inadmissibility and cost consequences.
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11 August 2021 |
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11 August 2021 |
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11 August 2021 |
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A novated payment agreement renouncing set-off does not permit summary judgment where the quantum cannot be calculated with certainty.
Civil procedure – summary judgment – rule 32 verification of quantum – plaintiff’s duty to disclose post-issue payments/credits – effect of novation/acknowledgement of debt renouncing set-off – illiquid counterclaim not dispositive where quantum uncertain.
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10 August 2021 |
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Leave to appeal dismissed: no prospects, no proof of demand service, and supplementary affidavit properly refused.
Appeal — leave to appeal — s 17(1)(a)(i) Superior Courts Act — heightened 'would' threshold for reasonable prospects of success. Companies Act — s 345(1)(a) demand — need for proof of service; s 345(1)(c) not decided where not relied upon. Civil procedure — supplementary affidavits — court’s discretion to refuse where no application/consent or explanation. Evidence — importance of attaching proof of delivery when service is disputed.
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10 August 2021 |
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Practitioners need not file answering affidavits until s133 leave is granted and all affected persons are served.
Rule 30(2)(b) – challenge to notice of motion for omission causing prejudice; Companies Act s133(1) – moratorium on proceedings; requirement for leave to proceed and appropriate timing; service on affected persons; flexible, non‑technical approach to procedural rules; prejudice justifies deferral of answering affidavits.
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10 August 2021 |
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Court refused remittal where arbitrator had considered the globular claim and no gross irregularity was shown.
Arbitration—remittal under s32—whether arbitrator omitted to deal with claims—globular claim—setting aside under s33 requires gross irregularity or misconduct—failure to tabulate not a material irregularity.
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6 August 2021 |
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Whether substantial and compelling circumstances justify departing from prescribed minimum sentences for serial violent sexual offences.
Criminal law – sentencing – prescribed minimum sentences – multiple rapes and aggravated robbery attracting life or lengthy minimum terms – whether substantial and compelling circumstances exist to deviate – sentencing triad (crime, offender, society) – consideration of probation and forensic risk reports – concurrency of sentences – firearm disqualification.
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6 August 2021 |
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4 August 2021 |
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Court stayed the first CSOS adjudication order for uncertainty but refused to stay the second, finding correct application of STSMA law.
Community Schemes – CSOS adjudication orders – stay pending appeal under s57(3) CSOS Act; PAJA reviewability of CSOS orders; STSMA requirements for amending prescribed management rules – unanimous resolution and prior written consent where owners are adversely affected; interim relief requirements (Setlogelo); application of SCA authority on participation quotas and consent.
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2 August 2021 |
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2 August 2021 |