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Citation
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Judgment date
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| January 2025 |
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31 January 2025 |
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An accomplice's s204 evidence, corroborated by conduct and records, established the applicant's presence and common purpose; sentence affirmed.
• Criminal law – evidence under s204 CPA – assessment and corroboration of accomplice evidence; • Criminal law – common purpose – presence at scene as basis for liability; • Criminal procedure – alibi evaluation and reliance on telephone records; • Adverse inference from non-cooperation regarding potentially incriminating property (vehicle); • Sentencing – prescribed life sentence; absence of substantial and compelling circumstances.
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31 January 2025 |
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A broadcaster’s use of the label "GNU" is not unconstitutional and the CEO’s refusal is not reviewable administrative action.
Constitutional law — section 172 declaratory relief; Freedom of expression — section 16 not engaged by disputed political label; Administrative law — PAJA/legality and non‑reviewability of CEO's refusal; Broadcasting regulation — Broadcasting Act, SABC Code, ICASA complaints process and subsidiarity/exhaustion of remedies.
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31 January 2025 |
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A settlement agreement that novates an NCA-regulated credit agreement is itself a credit agreement; reckless-credit rules do not apply to conciliatory settlements.
NCA s8(4)(f) – settlement agreement novating a credit agreement is a credit agreement; NCA s80–83 (reckless credit) – not applicable to settlement agreements that relieve consumer obligations; NCA ss129–130 – procedural prerequisites to enforcement of novated settlement; Rule 46A – valuation and municipal notice requirements; abuse of process and costs.
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30 January 2025 |
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Urgent interim relief dismissed because applicant failed to show urgency and had created its own urgency.
Urgent application — urgency and self-created urgency — interim interdicts and possession of movable assets — refusal to decide substantive contractual/ownership disputes in urgent proceedings — costs on scale B.
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30 January 2025 |
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Whether the Master lawfully appointed trustees without following trust-deed nominations and without requiring security under the TPCA.
Trusts – Trust Property Control Act s6 and s23 – Master’s appointment and authorisation of trustees – discretion to require security; review under s23 allows reconsideration on merits. Trusts – interaction between court orders and trust deed provisions – whether Master must follow trust-deed nomination provisions when a court orders independent trustee appointments. Civil procedure – interim interdict – requirements: prima facie right, irreparable harm, balance of convenience, adequacy of alternative remedies. Locus standi – s23 TPCA confers broad standing on any person who feels aggrieved; creditor without evidence of dissipation lacks standing.
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29 January 2025 |
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Urgent application to stop execution sale dismissed for lack of urgency and procedural vagueness regarding condonation.
Urgency — interim interdict to halt execution sale — rescission based on respondent’s alleged unlawful immigration status — vagueness in timing of discovery — condonation pleaded in affidavit but omitted from notice of motion — procedural compliance required for urgent relief.
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28 January 2025 |
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Urgency not established where applicant failed to explain when it learned respondent’s alleged unlawful foreign status; application struck off.
Urgency — Interdict to restrain sale in execution pending rescission — Allegation of respondent’s unlawful foreign status — Failure to aver when information was obtained — Urgency not established; application struck off with costs.
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28 January 2025 |
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Whether eviction under PIE was appropriate or ESTA applied, and whether a municipal report and new evidence were required.
Eviction — PIE v ESTA — whether land is agricultural and occupants qualify as occupiers under ESTA; Municipal report — role of local authority reports (Changing Tides) and necessity for just and equitable eviction orders; Assessment of poverty/homelessness risk in eviction proceedings; Adduction of new evidence on appeal — criteria and exceptional circumstances; Concurrent/pending litigation — when related proceedings affect an eviction application.
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28 January 2025 |
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Urgent application dismissed for lack of urgency; applicant failed to show prima facie right and comply with statutory remedies.
Urgency — strict requirement to justify urgent relief; disclosure obligations; failure to establish prima facie right to minerals; environmental authorisations set aside — impact on mining permit; statutory remedies under MPRDA s96 — appeal/exhaustion requirement; service and procedural prerequisites for proceedings against Commissioner under Customs Act; costs following result (Scale C).
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27 January 2025 |
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Whether the defendant must pay past medical expenses already paid by medical schemes and assessment of general damages.
Road Accident Fund – quantum of general damages assessed on unamended particulars – amendment ineffective where not effected in terms of rule 28(5) – admission of medical vouchers despite non‑discovery where no prejudice – recoverability of past medical expenses paid by medical schemes; single judge bound by full‑court authority on medical‑scheme payments.
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24 January 2025 |
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Applicant failed to show realistic prospects of success; unopposed substitution bound the Municipal Manager and contempt elements were established.
Leave to appeal — Superior Courts Act s 17(1)(a) — realistic prospects of success required; Contempt of court — elements: existence and service of order, non-compliance, wilfulness and mala fides; Substitution of parties — unopposed substitution properly granted and binds substituted party.
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23 January 2025 |
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Whether a pre-litigation settlement may be made an order of court and whether unpleaded monetary relief may be granted.
Settlement agreements – pre-litigation settlements – whether court may make settlement concluded outside pending litigation an order of court – Eke v Parsons; Avnet – unpleaded relief – monetary claim raised in heads of argument inadmissible without prior pleading or evidence.
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23 January 2025 |
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Leave granted to appeal refusal to amend pleadings where parol evidence and foreshadowing of evidence were determinative.
Civil procedure – amendment of pleadings (Rule 28(4)) – permissive principle to allow amendments subject to limits – excipiable pleadings may justify refusal; parol evidence rule and express contractual terms relevant to accessory suretyship; obligation to foreshadow admissible evidence when seeking leave to amend.
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22 January 2025 |
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High threshold for leave to appeal under section 17(1) met where rescission refusal raises reasonable prospects of success on appeal.
Civil procedure – rescission of judgment – Rule 42(1) and common law – proper application of requirements for rescission. Appeals – leave to appeal under section 17(1) of the Superior Courts Act – higher threshold ('would' vs 'may') and compelling reasons including conflicting judgments. Default judgment – enforcement orders including payment of pension contributions, investment returns, interest and costs.
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22 January 2025 |
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Eviction under PIE granted where occupier lost contractual rights, received adequate notice, and eviction won’t cause homelessness.
PIE – unlawful occupation – sale agreement cancelled leaves occupier without lawful right to occupy. PIE – notice requirement – reallocation of hearing date by court plus subsequent written/telephonic notice can satisfy s4(2). PIE – equitable discretion – court must consider risk of homelessness; no real prospect of homelessness here. Eviction – court may grant order in default where notice effective and eviction is just and equitable; reasonable vacate period fixed.
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22 January 2025 |
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Whether former directors are delinquent and liable for losses from corrupt, conflicted and grossly negligent transactions.
Companies Act s162 delinquent directors; pactum de non petendo; fiduciary duties and no‑conflict rule; corrupt facilitation payments (PRECCA); related‑party transactions; s77 director liability and apportionment of losses; procedural refusal of postponement.
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21 January 2025 |
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Particulars failed to plead termination, agreed placement fee or causal link to damages; exception upheld, leave to amend granted.
Procedure – Exception – Failure to disclose cause of action; Pleadings – requirement to plead contract terms, termination, agreement on placement fee and causal link to damages; Rule 18 – non‑compliance usually remediable by further particulars and not ordinarily fatal; Vagueness – material ambiguity where a third party is referenced without explanation; Relief – striking out with leave to amend and costs against plaintiff.
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21 January 2025 |
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Court discharges interim interdict; finds detention unjustified on unproven visa-extension fraud and orders each party to pay own costs.
Immigration law – detention and deportation – validity of original multiple-entry visas versus allegedly fraudulent visa extensions – court’s costs discretion where application becomes moot; procedural competence of orders recording withdrawal.
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21 January 2025 |
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Purchaser’s assent and payments established HOA membership; prescription interrupted and summary judgment upheld with costs.
Homeowners association levies – membership by assent; offer to purchase and conduct can constitute agreement to become member; MOI binding pre-existing company; Prescription Act – payments as acknowledgement interrupt prescription (s14); service interrupts prescription (s15); particulars of claim not excipiable where facta probanda established; unliquidated conditional counterclaim must be pleaded with sufficient particularity to be bona fide to avert summary judgment.
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21 January 2025 |
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Leave to appeal granted on whether payment to the transferring attorney discharges the purchaser and on fulfilment/waiver of a suspensive condition.
Property law – sale agreement – suspensive condition – whether condition was fulfilled timeously or waived/estopped by seller’s conduct. Conveyancing practice – role of transferring attorney – whether payment to conveyancer constitutes payment to seller; conflicting authority. Civil procedure – leave to appeal under s17(1) Superior Courts Act – reasonable prospects and compelling reasons. Admissibility – fresh evidence filed after main hearing cannot be considered on leave application.
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16 January 2025 |
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Summary judgment refused where an email’s status as company acknowledgement was unclear and a plausible bona fide defence exists.
Summary judgment — reliance on written acknowledgement of debt — ambiguity whether document constitutes company board minutes or authorised acknowledgement — authority of director to bind company — bona fide defence; discretion to refuse summary judgment (Maharaj; Tesven CC) — rectification better determined at trial — costs reserved for trial court.
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15 January 2025 |
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On‑demand performance guarantees enforceable absent clear fraud; unconscionability exception rejected; interim interdict dismissed.
Performance guarantees – on‑demand versus conditional; autonomy principle of on‑demand guarantees; narrow fraud exception to restraint of payment; locus standi of interested co‑applicants; refusal to develop common law to include unconscionability exception; interim interdict requirements (prima facie right, irreparable harm, balance of convenience).
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14 January 2025 |
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Insufficient proof the accident caused medical incapacity; loss of earnings dismissed, R350,000 awarded for tib/fib injury.
Road Accident Fund — causation and quantum: requirement to prove accident caused medical incapacity and unemployability; progressive cognitive decline vs traumatic brain injury; proven tibia/fibula injury compensable — loss of earnings claim dismissed for lack of causation.
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14 January 2025 |
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Failure to prove the deceased’s income warranted absolution from the instance in a loss of support claim.
Loss of support – proof of deceased’s income required to quantify damages; unsworn/undated documents not admissible as proof; Rule 38(2) does not relieve duty to lead evidence; absolution from the instance appropriate where evidentiary foundation is lacking.
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14 January 2025 |
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Intervenors’ guardianship and relocation application dismissed; court orders 30‑day re‑integration, continued supervised contact, and primary residence with grandmother.
Children — best interests principle; custody and guardianship — intervention by persons with sufficient interest; relocation — requirement for concrete evidence of accommodation, finances and suitability; parental responsibilities — termination requires strong justification; supervised contact and re-integration — expert-led rehabilitation and review.
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14 January 2025 |
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Contradictory affidavit and oral evidence left plaintiff unable to prove insured driver's negligence; absolution granted.
Road Accident Fund – onus to prove insured driver's negligence – contradictions between viva voce evidence and section 19F affidavit – inadmissibility of un‑tendered accident report for truth – absolution from the instance (Claude Neon test).
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14 January 2025 |
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Leave to appeal refused where credit agreement/instrument failed due to absence of delivery, intention to transfer and simulated transaction.
Property law – movable property – transfer of ownership requires intention to transfer, intention to receive and delivery (actual or constructive); rei vindicatio claims require ownership and defendant’s possession; simulated transactions – courts may find simulation from the facts and deny relief; appeal – leave under s 17(1)(a) Superior Courts Act requires reasonable prospects of success or compelling reason.
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14 January 2025 |
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The applicant awarded loss of earnings; the respondent 100% liable; general damages postponed pending respondent's serious‑injury decision.
• Road Accident Fund – liability for pedestrian struck by motor vehicle – respondent 100% liable and s17(4) undertaking entitlement.
• Quantum – assessment of past and future loss of earnings, application of contingency deductions (5% past, 35% future) and 20% deduction to injured earning capacity.
• Unemployability – court will not find total unemployability absent psychometric evidence and where claimant returned to work and was dismissed for misconduct.
• RAF Regulations – regulation 3(3)(c) requires the Fund to be satisfied that injuries are serious before general damages can be adjudicated; Mpahla v RAF governing precedent.
• Procedure – trial in terms of Rule 38(2); costs and taxation directions; interest conditions on payment.
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14 January 2025 |
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Plaintiff proved RAF 100% liable; awarded R370,380.77 for loss of earnings; general damages postponed sine die.
Road Accident Fund – liability of RAF for passenger injuries – RAF 100% liable. Personal injury – wrist perilunate dislocation and distal radius fracture – functional impairment but radiological union and conservative management. Loss of earnings – assessment of residual earning capacity (70%) and application of contingency discounts (5% past, 20% future). General damages – claim postponed sine die pending RAF’s satisfaction as to seriousness of injury. Section 17(4) undertaking and detailed costs order; actuarial calculations and judicial discretion in assessing future loss.
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14 January 2025 |
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Court ordered restoration of directors' access and documents, required audits be finalised, and interdicted dissolution pending compliance.
• Statutory bodies – SPCA Act – powers of board under ss 6, 11 and 12 – limits on exercising control over societies.
• Company law – directors’ locus standi – derivative actions and s 165 of Companies Act.
• Interim relief – interdicts to restore access to premises, documents and electronic systems to enable statutory and fiduciary duties.
• Procedural requirement – two 30‑day notices under s 11(2) must fall in the same calendar year; consequences of failing to comply.
• Costs – de bonis propriis and attorney-and-client costs require clear evidence of mala fides; not ordered here.
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14 January 2025 |
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Reported
A prior transfer order and registration bar a late ownership challenge; an improvement lien fails if the underlying claim is prescribed.
Property law – effect of court order and registration – registration converts personal right to a real right and precludes collateral attack; Res judicata/privies – scope of binding effect of prior order on third parties deriving rights from a party to earlier litigation; Prescription – claim to compel transfer and enrichment claim may prescribe where claimant was on notice and did not litigate; Enrichment/improvement lien – lien is accessory to valid underlying claim and cannot be enforced where that claim is prescribed or inadequately pleaded; Procedure – factual disputes about alleged short-term lease and holding-over damages referred to trial.
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14 January 2025 |
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Amendment and late replication condoned and dismissal refused where viva voce documentary evidence disclosed triable issues.
Civil procedure – amendment and condonation – late replication and substantive amendment sought on eve of trial – prior court order conditioning dismissal on unjustifiable delay – test applied strictly but amendment granted where amendment discloses triable issues; dismissal for vexatious proceedings/abuse of process refused. Evidence – oral agreements and documentary emails – triable issues established on papers. Prescription – raised but not decidable on exception.
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13 January 2025 |
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Court made arbitration award an order and held interest payable on late certification at 160% of repo, compounded monthly.
Arbitration — enforcement — section 31(1) Arbitration Act — making amended award an order of court. Interpretation of arbitration award — text, context and purpose — award interpreted as compensating for late certification. Contractual interest — "to be calculated in terms of the subcontract" — construed to mean subcontract rate and mechanism apply (160% of repo rate, monthly compounding). Remittal — s32(2)/s38 remittal unnecessary where arbitrator finally disposed of interest; alleged mistake does not invalidate award. Arbitrator's powers — mistake as to contractual basis does not render award unenforceable; review, not recognition, is the route to challenge.
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12 January 2025 |
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A final winding‑up order cannot be granted where a provisional winding‑up order already exists in another division of the High Court.
Company law – Winding‑up – Effect of competing applications – where a provisional winding‑up order exists in another division, section 347(5) bars grant of a final winding‑up order elsewhere; section 348 (commencement/backdating) relevant to creditor priority; court may postpone proceedings to preserve creditors’ rights; practice and extension of provisional orders should be scrutinised (Ex parte WJ Upton Transport).
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10 January 2025 |
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The court examined relocation of a minor child in light of parental responsibilities and best interests considerations.
Family Law – Relocation of minor child – Best interests of the child – Parental responsibilities in relocation cases.
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10 January 2025 |
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Refusal of bail was overturned where the State lacked factual material, the accused was not a flight risk, and safety concerns were speculative.
Criminal procedure – Bail under s60(11)(b) – State must place admissible factual material to establish prima facie case; prosecutor’s oral assertions insufficient – Flight risk assessed by ties to forum and conduct – Detention for accused’s safety requires clear, imminent, acute risk – Bail amount fixed where appropriate.
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9 January 2025 |
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Leave to appeal granted on whether payment to transferring attorney constitutes payment and on fulfilment of a suspensive condition.
Property/conveyancing – whether payment of deposit to transferring attorney constitutes payment to seller or is held as stakeholder/trust security; conflicting authorities. Contract – fulfilment of suspensive condition and whether it was properly raised in founding papers. Waiver/estoppel – whether sellers’ conduct constituted waiver of reliance on non-fulfilment. Civil procedure – test for leave to appeal under s17(1) of the Superior Courts Act; leave may be granted where conflicting judgments create a reasonable prospect of success.
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9 January 2025 |
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Assessment of general damages for serious injury under the RAF narrative test; R1,840,000 awarded post 20% apportionment.
Road Accident Fund – general damages – assessment under narrative test for serious injury – paraplegia and attendant sequelae; admissibility of expert reports and medical records on affidavit (Rule 38(2) and s3(1)(c) Law of Evidence Amendment Act); exercise of discretion by reference to comparable authorities; application of agreed merits apportionment and s17(14)(a) undertaking for future medical costs.
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9 January 2025 |
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Leave to appeal dismissed: no meritorious s33(1)(b) review grounds and no basis to remove the arbitrator.
Arbitration — Review under s33(1)(b) — Scope of review grounds; procedural fairness in hearings — Arbitrator’s power to clarify questions and to disallow evidence not put to opposing witnesses; bias allegations — necessity of factual foundation; court’s inability to substitute findings for arbitral fact-finding; costs — punitive costs justified where applicant impugns arbitrator’s integrity and advances frivolous grounds.
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7 January 2025 |
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Reported
Municipalities may not disconnect services where a consumer properly disputes specific billed amounts; defective hearsay affidavits and contempt attract strict remedies.
Local Government – Municipal Systems Act s102(2) – protection against disconnection where a specific dispute properly raised; Credit Control By‑laws; admissibility of affidavits – improper hearsay by municipal legal advisers; contempt of court – enforcement of prior order and referral for sanctions; remedial relief including interim interdicts and authorised reconnection; costs and accountability of municipal officials and legal advisers.
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6 January 2025 |
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Summary judgment granted against surety whose defences (jurisdiction, misrepresentation, rectification, NCA) were not bona fide.
Civil procedure – postponement applications – applicant must show timeous, full and satisfactory explanation and good cause; prejudice and public interest considered. Civil procedure – condonation – court may allow late affidavits in interests of justice notwithstanding weak explanations. Summary judgment – defendant must disclose a bona fide defence with material facts; mere conclusions insufficient. Suretyship – formal requirements under s6 General Law Amendment Act; identity and nature/amount of principal debt must be embodied in writing. Contract law – presumption that a signatory knows contents of a document defeats misrepresentation absent supportive facts. Rectification – requires factual proof of common intention; speculative assertions insufficient at summary judgment. National Credit Act – applicability determined by statute (turnover thresholds); mere reference in documents not determinative.
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6 January 2025 |
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Body Corporate entitled to monetary judgment and court‑authorised disconnection of unit electricity for outstanding electricity charges.
Sectional Titles — recovery of arrear levies and utility charges — tacit agreement binding unit owners to Body Corporate rules and resolutions — court authorisation to disconnect electricity for non‑payment — distinction from Joseph (procedural fairness) — Rule 42 correction of patent error.
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3 January 2025 |
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A municipal council cannot lawfully grant enhanced personal protection beyond ministerial limits without a prior SAPS threat assessment.
Administrative law – exercise of municipal power – compliance with statutory limits under the Remuneration of Public Office Bearers Act and ministerial determinations required before enhanced security allowances may be granted. Constitutional law – rule of law – public power must be exercised in accordance with the rules that create it; municipal resolution inconsistent with statute declared invalid. Remedies – declaration of invalidity suspended to prevent imminent harm; extensions permissible on proof of imminent risk. Costs – adverse costs order on attorney-and-client scale where organs of state oppose transparently meritorious public law claims without substantive defence.
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2 January 2025 |