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Citation
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Judgment date
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| December 2024 |
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Plaintiffs failed to prove a s31 collusive disposition; claim dismissed for lack of cogent evidence and reliable valuation.
Insolvency Act s 31 – collusive dispositions – jurisdictional requirements (disposition, collusion, prejudice/preference) – fraudulent common intention must be proved; Expert evidence – valuation of stock, fixed assets and trademarks – admissibility, reliability and sufficiency; Perfection of security – non-disclosure in perfection application relevant but insufficient to infer collusive fraud without proof of common intent; Adverse inference – failure to call witnesses evaluated against strength of plaintiff’s case; Constitutional challenge to forfeiture under s 31(2) – left undecided pending fuller ventilation; Locus standi – surety/creditor lacks locus to invoke s 31 remedies as claimant for contribution under rule 13.
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31 December 2024 |
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Interim interdict inappropriate where substantive rights are disputed and no clear prima facie right is established.
Interdict — interlocutory (pendente lite) relief — requirements: preservation/restoration of status quo, clear or prima facie right — disputed substantive facts about oral agreement and cancellation — interlocutory relief inappropriate where relief sought is effectively final.
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27 December 2024 |
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Final interdict restraining respondents from using or disclosing applicant’s confidential recipes, client lists and pricing; 18‑month non‑solicit order.
Confidential information/trade secrets — unlawful competition and springboarding; misappropriation of recipes and client lists; urgency and final interdict on affidavits; limitation of non‑solicit relief to reasonable period (18 months); order for deletion and forensic access to devices; costs against respondents.
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20 December 2024 |
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Warrantless arrest upheld where police had reasonable suspicion based on vehicle identification and possession of stolen items.
Arrest without warrant; reasonable suspicion; s.40 Criminal Procedure Act; Gellman guidelines; SAPS National Instruction on arrest; possession of stolen property; tampered engine numbers; detention within 48 hours.
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19 December 2024 |
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Reported
High Court may order realisation to satisfy a confiscation money judgment; s52 POCA applies only to forfeiture, and special execution required for primary residence.
Criminal law/POCA – realisation of property to satisfy confiscation orders; distinction between forfeiture (s52 exclusion) and confiscation/realisation; confiscation is a money judgment enforceable against joint estate of spouses married in community; primary residence requires special-execution application in light of s26 Constitution.
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19 December 2024 |
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An amendment adding defendants in representative capacities cannot retroactively interrupt prescription if original process did not claim payment from them.
Prescription — Extinctive prescription — s 15(1) Prescription Act — interruption requires service of process in which the true creditor claims payment; misnomer/substitution cannot retroactively interrupt prescription if process does not objectively communicate claim to the true party. Civil procedure — Uniform Rule 28 amendment — citing defendants in personal versus representative capacities — distinction and effect on prescription.
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13 December 2024 |
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Court stayed Rule 43 interim maintenance application pending mediation and adequate financial disclosure for the children’s benefit.
Family law – Rule 43 interim relief – interim maintenance and expenses – adequacy of financial disclosure – mediation under Practice Directive para 29.13 – stay of proceedings – best interests of minor children – re-enrolment conditional on affidavit evidence of mediation attempts.
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12 December 2024 |
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Charges due on or before 4 May 2018 prescribed; respondent must open new account and rectify prescribed amounts.
Municipal law – municipal accounts and billing disputes; section 102 Municipal Systems Act – valid dispute and effect on allocation of payments; Prescription Act – three‑year prescription of ordinary debts; onus on municipality to prove meter accuracy and correctness of bills; payments of undisputed amounts do not interrupt prescription; municipality obliged to open new account and rectify prescribed amounts.
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8 December 2024 |
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Court grants condonation for late plea, finds AOD a liquidated demand, and awards attorney‑and‑client costs to applicant.
Civil procedure – Rule 31(5) – default judgment for debt or liquidated demand – acknowledgement of debt as liquidated demand. Pleadings – requirement to file a proper notice to defend and plea – informal affidavits insufficient. Condonation – court‑ordered indulgence requires condonation despite Rule 19(5); Rule 19(5) irrelevant where court order imposes condonation. Costs – liability under a signed acknowledgement of debt justifies attorney‑and‑client scale costs.
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6 December 2024 |
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Late application condoned but leave to appeal dismissed: absence was an election and lease did not preclude damages equal to outstanding rentals.
Civil procedure – rescission of default judgment – election to be absent; rule 42(1)(a) – no distinction between deliberate non‑appearance and mistaken belief; contract law – breach of lease – availability of common‑law contractual damages versus cancellation penalty; condonation for late filing – IT migration explanation accepted.
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6 December 2024 |
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The applicant’s unlawful detention and malicious prosecution claims were dismissed for failure to prove lack of reasonable grounds or malice.
Civil claims – unlawful detention and malicious prosecution – arrest on Schedule 6 sexual offence; onus on plaintiff to prove unlawfulness and malice; reasonable and probable cause assessed objectively; medical (J88) and child's statement as supporting evidence; not guilty/discharge does not establish malicious prosecution.
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6 December 2024 |
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Appellate court set aside six-month sentence for elderly offender, substituting a fine or suspended imprisonment.
Criminal law – Sentencing – Common assault – Appellate interference where trial court failed to consider advanced age and health – custodial sentence set aside and substituted with fine/suspended imprisonment.
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6 December 2024 |
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An outgoing officer was granted an urgent interdict preventing a fellow officer from obstructing a scheduled elective congress.
Urgent relief – interlocutory interdict preventing officer from obstructing elective congress; internal association governance – validity of NEC meeting decisions; procedural requirements – joinder of interested parties; delay/laches in challenging resolutions; principle that decisions stand until set aside (Oudekraal).
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5 December 2024 |
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Reported
A municipal council’s readoption of invalidated resolutions breached a court order and the council’s binding standing rules.
• Constitutional and municipal law – interpretation of court orders – modern approach: read order with reasons and surrounding circumstances.
• Municipal procedure – standing rules binding under s160(6)(b); council bound by rule 94(1) 14‑day notice for motions.
• Judicial review – council resolution invalid where adopted in breach of court order and council’s standing rules.
• Contempt – wilful and mala fide disobedience required; mere erroneous or self‑serving compliance insufficient.
• Constitutional duties of organs of state – s165(4) obligation to assist and protect the courts; unfounded public criticism may breach duty.
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4 December 2024 |
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Court accepted eyewitness evidence, found common purpose and mens rea, and convicted six accused of murder (one also of attempted murder).
Criminal law – murder and attempted murder – crowd/mob attack – identification of perpetrators and attribution of individual acts Evidence – credibility and corroboration of eyewitnesses and investigating officer Criminal law – common purpose doctrine – joint enterprise and shared intention to kill Mens rea – dolus directus or dolus eventualis established via concerted violent conduct Child Justice – application of section 51(6) prescribed sentences where accused are minors
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4 December 2024 |
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Urgent relief to control estate and CC accounts dismissed; beneficiary appointed to manage CC and bank ordered to unfreeze account.
Civil procedure – urgent interim relief – administration of deceased estate – validity of executor’s appointment – Administration of Estates Act s 15 and s 52 – membership and transfer of member’s interest in close corporation – purported post-death transfer void ab initio – interim management of business to protect jobs – punitive costs order (attorney and client).
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3 December 2024 |
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Leave to appeal refused; court upholds security-for-costs and vexatious-litigant restrictions as justified and lawful.
Leave to appeal — s 17(1) Superior Courts Act — reasonable prospect of success or other compelling reason required; Access to courts — s 34 and limits under s 36 — security for costs and vexatious-litigant orders justified where litigant abuses process; Vexatious litigant — persistent non-compliance, frivolous and unintelligible filings; Jurisdiction; Exercise of judicial discretion; Allegations of misdirection and bias unsupported.
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3 December 2024 |
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Court enforces RAF jurisdictional rule on general damages and awards party-and-party costs, refusing punitive costs for counsel's illness.
Road Accident Fund – settlement of loss of earnings and general damages – jurisdiction to determine general damages post-settlement – RAF v Duma and Faria – PAJA remedies – costs: when punitive (attorney-and-own-client) costs justified – party-and-party costs awarded where absence due to counsel illness and State allocation procedures.
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3 December 2024 |
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Search-and-seizure of confidential information is not competent absent property rights; ex parte orders must be specific and protect privacy.
Search and seizure — application to recover/delete confidential information — whether information is property for attachment pendente lite; limits on ex parte orders; privacy and procedural protection where forensic deletion authorised without hearing; requirement of specificity in defining confidential information and search parameters.
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2 December 2024 |
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A restraint of trade and confidentiality agreement was found reasonable and enforceable where an ex-employee solicited clients and misused confidential information.
Labour law – Restraint of trade – Confidential information – Unlawful competition – Proprietary interests – Interdict – Reasonableness and enforceability of restraint – Employee soliciting clients and using confidential information for a competitor.
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2 December 2024 |
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Applicant lacked locus standi to seek declaratory relief against banks; leave to appeal dismissed and costs awarded.
• Constitutional and civil procedure – locus standi – standing to seek declaratory relief in private client–bank disputes – representative (public interest) capacity under s 38 – cumulative standing arguments.
• Justiciability – abstract or hypothetical relief – declaratory orders and their practical effect on prosecuting/regulatory authorities.
• Regulatory status – whether a bank-customer dispute becomes public-interest litigation because banks are ‘public interest entities’.
• Leave to appeal – test of reasonable prospects of success under s 17(1)(a) of the Superior Courts Act and Ramakatsa authority.
• Costs – unsuccessful leave applicant liable for costs including senior counsel where used.
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2 December 2024 |
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Eviction order obtained on defective service was rescinded under Rule 42(1)(a); municipality’s inaction criticized.
Civil procedure — rescission — Uniform Rule 42(1)(a) — judgment erroneously sought or granted in absence of party — rescission available where service defective. Service of process — Uniform Rule 4(1)(a)(ii) — where property comprises multiple separate dwellings each occupied by different family units, leaving documents with a person at the property is ineffective unless that person is in charge of the specific dwelling or authorised to accept service. PIE s4(7) — eviction must be just and equitable — court must consider risk of homelessness and availability of alternative accommodation. Res judicata — prior stay application does not bar separate rescission inquiry where issues differ. Role of municipality — obligation to assist court with information regarding alternative accommodation in eviction proceedings.
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2 December 2024 |
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Leave to appeal refused where applicants failed to follow statutory procedures to challenge municipal valuations.
• Civil procedure – leave to appeal – Superior Courts Act s17(1)(a) – raised threshold for granting leave.
• Municipal law – valuation and categorisation challenges – Local Government: Municipal Property Rates System Act s32 prescribes challenge procedure.
• Procedural compliance – failure to follow statutory remedies (valuation roll/Valuation Appeal Board) precludes court relief.
• Interpretation of MPRA provisions – legislative intent not a basis to circumvent statutory challenge process.
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2 December 2024 |
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Summary judgment granted; Covid-19 and alleged non-delivery of s129 notice did not raise triable issues; Rule 46A valuation deficient.
Civil procedure – Summary judgment – Requirements for resisting summary judgment; bare denials and unsupported claims of impossibility insufficient. Contract law – Supervening impossibility (vis major/casus fortuitus) – Covid-19 allegations require objective, evidenced impossibility to found a defence. National Credit Act s129 – Service by registered mail and postal notification/track-and-trace constitutes compliance; denial of receipt not prima facie fatal. Rule 46A – Special executability of immovable property – valuation must be performed by a suitably qualified valuer; trainee valuation insufficient; court may postpone executability and require independent valuation.
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2 December 2024 |
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Unregistered long leases not proved to be known by purchaser render occupants unlawful and eviction is just and equitable.
PIE — Eviction of unlawful occupiers; Leases of Land Act s1(2) — unregistered long leases enforceable only if registered or purchaser had actual knowledge; trust capacity — invalidity where trustee lacked authority; Insolvency Act s37(2) — repudiation of leases on liquidation; just and equitable assessment under PIE; enforcement by sheriff and locksmith.
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1 December 2024 |
| November 2024 |
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Material valuation disputes precluded deciding factual insolvency on affidavits; appeal dismissed with costs.
Insolvency law – sequestration – factual insolvency – liabilities versus assets – importance of reliable property and movables valuation. Civil procedure – motion proceedings – disputes of fact – Plascon‑Evans and Wightman principles; real, genuine and bona fide disputes require oral evidence. Evidence – sheriff’s return prima facie but rebuttable by credible contrary evidence (e.g., bona fide offer to purchase).
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29 November 2024 |
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Warrantless arrest lawful where officer had objective reasonable suspicion based on scrapyard evidence and identity-document link.
Criminal procedure – warrantless arrest under s 40(1)(b) CPA – objective reasonable suspicion based on specific and articulable facts; recent possession doctrine; section 36 (possession of suspected stolen property) may fall within Schedule 1 if punishment threshold met; credibility assessment relevant to lawfulness of arrest; police discretion to arrest must be exercised rationally and in good faith.
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29 November 2024 |
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Leave to appeal refused where sparse, largely uncorroborated evidence and long delays failed to meet s 17 threshold.
Administrative/road accident fund – leave to appeal – s 17 Superior Courts Act – elevated threshold requires showing another court would reach a different conclusion; Evidence – reliance on single witness versus circumstantial corroboration; delay in lodging supporting documents – prejudice to insurer's ability to investigate; accident report and medical records as critical evidentiary tools.
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28 November 2024 |
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Interdict granted restraining s345 winding‑up where a bona fide counterclaim exceeds creditor’s claim and irreparable harm is shown.
Companies Act s345 – winding-up demands – abuse of process where bona fide counterclaim exceeds creditor’s claim; interim interdict available to restrain s345 proceedings; urgency and irreparable harm from bank/credit consequences; bona fide dispute over standard terms and indemnity; balance of convenience and alternative remedies.
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28 November 2024 |
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A contracted security provider breached its obligations and owed a duty of care to a sub‑lessee; indemnity clause was inapplicable.
Security contract – duty of care owed by contracted security provider to occupiers of premises – breach of service level agreement and gross negligence – failure to conduct access control searches, incomplete registers and dismissal of alarm responders – indemnity clause inoperative where security obligations not performed – adverse inferences for failure to produce documents and call on‑duty guards.
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27 November 2024 |
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Defective execution will not be unwound where attached amounts were due under an interim maintenance order; application dismissed.
Maintenance enforcement – Rule 43 execution – effect of defective writ and non‑service; recoverability of amounts paid by obligee (bond instalments, school fees, medical excesses) where order obliged payer; de minimis invoice defects; costs discretion for bona fide procedural challenge.
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27 November 2024 |
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Interim restraint on a business rescue practitioner denied where applicant failed to show unlawful conduct or probable prejudice.
Companies Act (s133) – business rescue moratorium – whether proceedings against business rescue practitioner require practitioner’s consent or court leave – distinction between proceedings against company/property and proceedings against practitioner. Interim relief – requirements for interim interdict (prima facie right, irreparable harm, balance of convenience) in business rescue context. Business rescue – validity of amendments to an adopted business rescue plan and convening further creditors’ meetings under the adopted plan. Business rescue policy – winding down under s128(1)(b)(iii) where winding down may yield better returns than immediate liquidation.
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27 November 2024 |
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A disciplinary report was defamatory in meaning but its distribution at a privileged hearing defeated the applicant’s defamation claim.
Defamation – meaning and objective test; Publication – requirement to plead and prove named third‑party recipients; Disciplinary proceedings – distribution of documents germane to hearing attracts qualified privilege; Privilege defeated only by proof of improper motive/malice.
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27 November 2024 |
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Appeal against convictions dismissed: identification reliable, alibi rejected, and common purpose conviction upheld.
Criminal law – Identification evidence – familiarity and second opportunity to observe – reliability and weight of witnesses who knew accused. Criminal law – Alibi – assessment against inherent probabilities and credibility; alibi rejected if not reasonably possibly true. Criminal law – Common purpose – liability where accused acted as lookout/associated with joint enterprise; mens rea and acts of association required. Criminal procedure – Appeal – appellate court will not interfere where trial court correctly assessed conspectus of evidence and credibility.
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27 November 2024 |
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Municipality failed to prove instant prevention of land invasion; unlawful demolitions amounted to spoliation and required restoration.
Constitutional law – s 26(3) – eviction and demolition of homes only by court order; Property/spoliation – mandament van spolie and counter-spoliation; Municipal law – prevention of land invasion; Possessory element – erection of structures establishes possession; Remedies – restoration and reconstruction of demolished shelters; Costs orders.
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26 November 2024 |
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Applicants entitled to close corporation accounting records under s56; respondents’ contradictory denials rejected; documents ordered and costs awarded.
Close Corporations Act s56 – entitlement to accounting records and registers; application proceedings – evaluation of disputes of fact on affidavit evidence; contradiction in respondent affidavits permitting rejection of denials; alleged lien for unpaid fees insufficient to justify withholding corporate records; punitive costs (attorney-and-client).
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26 November 2024 |
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Condonation granted for late s3(2) notice where counsel’s failure to advise appeal rights and COVID‑related delays justified delay.
Civil procedure – Institution of Legal Proceedings Against Certain Organs of State Act s3(2) – requirement and time limits for notice – condonation for late notice. Prescription Act s12(3) – knowledge of identity and facts; when cause of action arises. Professional negligence – duty of legal representative to inform client of appeal rights; failure may constitute cause of action. Condonation test – non‑extinction by prescription, good cause, and absence of unreasonable prejudice.
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26 November 2024 |
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An executrix lacking membership and possession cannot bring a mandament van spolie over association-controlled taxi routes.
• Administrative and possession law – spoliation (mandament van spolie) – locus standi of an executrix to claim restoration of taxi routes and vehicles – effect of prior transfer of membership and operating licences to another person – association constitution and reserved route rights under National Land Transport Act.
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26 November 2024 |
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Applicant’s inflated maintenance and legal-cost claims dismissed for non-disclosure, excessiveness and abuse of process.
Family law – Maintenance pendente lite – Applicant sought substantial increase and contributions to legal and expert costs – Applicant failed to disclose material financial information and to justify increased maintenance or oversized legal costs – Supplementary affidavit permitted; rule 43(7) and (8) limitations declared inapplicable – Application dismissed with costs.
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22 November 2024 |
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The defendant failed to prove reasonable grounds; the plaintiff’s warrantless arrest and three-day detention were unlawful and R150,000 awarded.
Delict – unlawful arrest and detention; onus on police to prove reasonable suspicion under s 40(1)(b) CPA; Domestic Violence Act – duties regarding protection orders and arrest; quantum for infringement of liberty; procedural refusal of late postponement.
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22 November 2024 |
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Application dismissed for confusing an appeal with a review and for defective, inconsistent relief; costs awarded.
Procedural law — review v appeal — whether confirmation of a rule nisi is a final order for appeal rather than review; defective notice of motion; inconsistent founding affidavit; inappropriate attempt to review appellate-type relief.
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22 November 2024 |
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Municipal tariff determinations are legislative/executive acts excluded from PAJA; applicants' review dismissed.
Administrative law – PAJA – definition and exclusions – executive and legislative functions of municipal council excluded from "administrative action". Local government – MSA s11 and s75A – council resolutions to levy and notify tariffs; tariff determinations not reviewable under PAJA. Municipal bylaws and tariff schedules – industrial effluent charging formula (C+T·COD/km3) and Schedule D parameters. Civil procedure – court may raise mero motu points of law apparent on the papers and require parties to address them. Municipal obligations – customer care, account accuracy and dispute resolution (MSA ss95, 102); municipal failure criticised though no substantive relief granted.
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20 November 2024 |
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An unrehabilitated insolvent lacks standing and directorship rights; incompetent joinder and issue estoppel warranted dismissal with costs.
Company law – disqualification of unrehabilitated insolvent from directorship (s69(8)(b)(i)); procedural law – incompetent joinder by naming parties in heading; locus standi – non-shareholder/non-creditor lacks standing to challenge corporate relief; res judicata/issue estoppel – prior interdicts and orders preclude relitigation; costs awarded on scale C.
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20 November 2024 |
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Claims for unlawful arrest/detention prescribed from date of arrest; late or absent ILPACOSA notice and withdrawal of malicious prosecution claim.
Prescription – unlawful arrest and detention – when debt becomes due – s 12(3) Prescription Act – knowledge of facts versus legal conclusions; ILPACOSA s 3 notice requirements and consequences of non‑compliance; each day of detention as separate debt for prescription purposes.
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20 November 2024 |
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Reported
Final winding-up granted where applicant proved indebtedness and attorney’s affidavit together with sheriff’s returns satisfied employee service requirements.
Companies law – Winding-up – Final liquidation – Applicant proved indebtedness prima facie; employee service under s346(4A) of old Companies Act may be proved by attorney’s affidavit together with sheriff’s return; sheriff’s return prima facie evidence; filing of sheriff’s affidavit not absolute requirement; court may direct service under s346A.
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20 November 2024 |
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Respondent failed to disclose a bona fide defence; summary judgment granted to the applicant for the claimed debt, interest and costs.
Civil procedure – summary judgment – defendant must depose to affidavit showing bona fide defence with full particulars; unpleaded defences cannot be relied on without amendment; certificate of balance unchallenged and duress allegation bald and unsupported. Jurisdiction – High Court may hear matters within Magistrates’ Court monetary jurisdiction; non-joinder of guarantor does not necessarily defeat claim. Interest – in duplum not shown on the papers; no impeachment of claimed amount.
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20 November 2024 |
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Insufficient and unreliable evidence, compounded by foreign-status issues, led to dismissal of past and future loss of earnings claims.
Personal injury — loss of earnings claim dismissed for lack of admissible evidence of net income; expert reports unreliable. Foreign-national claimant — passport/visa and driver’s licence/contract must be addressed; future loss may need assessment in country of origin and currency. Court may dismiss claims where quantification is impossible on available evidence.
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15 November 2024 |
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Summary judgment dismissed where defendants raised a bona fide misrepresentation defence about COVID‑19 rental remission entitlement.
Summary judgment — bona fide defence — misrepresentation induced settlement — COVID‑19 rental remission / supervening impossibility — disputed factual issues requiring trial — costs in the cause.
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15 November 2024 |
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Leave to appeal refused: state evidence found overwhelming and no substantial and compelling reason to disturb conviction or life sentence.
Criminal procedure – leave to appeal – s17(1)(a) Superior Courts Act – whether appeal has reasonable prospect of success. Evidence – evaluation and credibility – bare denial versus overwhelming state case; ‘reasonably possibly true’ test. Sentencing – prescribed life sentence – assessment of substantial and compelling circumstances; consideration of custody during trial, personal circumstances and rehabilitation.
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15 November 2024 |
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Leave to appeal bail refusal dismissed; parole eligibility and trial delay do not constitute exceptional circumstances.
Bail — leave to appeal — reasonable prospects of success — exceptional circumstances — parole eligibility not automatic ground for bail — mid-trial bail — calling s204 State witnesses — trial delay attributable to accused.
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15 November 2024 |