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Citation
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Judgment date
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| February 2025 |
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Interim mandamus ordering replacement and approval of screening units upheld and declared operative pending appeals; leave to appeal granted.
• Administrative law – interim interdict/mandamus directing replacement and approval of security screening equipment; appealability of interlocutory orders; interests of justice test (City of Tshwane v Afriforum).
• Civil procedure – leave to appeal under s 17(1)(a)(i) and (ii) Superior Courts Act 10 of 2013: reasonable prospects of success and compelling reasons/public importance.
• Superior Courts Act s 18(2) – suspension of operation/execution of interlocutory orders; declaratory relief that interim mandamus not suspended pending appeals.
• Superior Courts Act s 18(3) – conditional counter-application for suspension; exceptional circumstances and irreparable harm requirement.
• Public law implications – interaction with statutory duties, PFMA and aviation regulatory framework (Chicago Convention, ACSA Act, SACAA powers).
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28 February 2025 |
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The court upheld the enforcement of a packaging order against Bliss Brands, finding exceptional circumstances and potential harm to Colgate.
Intellectual Property - enforcement of court orders - section 18(3) Superior Courts Act requirements - exceptional circumstances - irreparable harm.
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28 February 2025 |
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Court permits interim maintenance increase and legal cost contribution to protect children's best interests despite agreement.
Family Law – Rule 43 application – Maintenance and legal costs – Contractual obligations versus best interests of children.
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28 February 2025 |
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Leave to amend to substitute/join parties granted; prescription not decided at amendment stage; no costs ordered due to delay.
Civil procedure – amendment of particulars of claim – substitution/joinder of parties pursuant to prior order – whether prescription can be determined at amendment stage – prescription ordinarily a special plea – delay in prosecuting court order attracts no costs order.
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28 February 2025 |
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Summary judgment granted: COVID-19 economic hardship did not establish objective supervening impossibility to repay loan.
Civil procedure – summary judgment – defendant must disclose fully the nature and grounds of defence and material facts to show a bona fide defence. Contract – supervening impossibility/force majeure – only objective impossibility extinguishes obligations; commercial hardship or reduced turnover insufficient. Suretyship – liability of surety and co-principal debtor enforced where no valid excuse established. Rule 41A – mediation invitation acceptance must be proven to affect procedural rights. Evidence – certificate of balance and post-action payment allegations considered; updated certificate accepted.
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28 February 2025 |
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Urgent interdiction granted to prevent grounding, but applicant must pay increased fees under protest pending challenge.
Contract law – interim relief in contractual price disputes – urgency where creditor threatens to ground debtor’s business – payment under protest as ordinary interim remedy – tender to repay disputed amounts and security for repayment – costs where creditor’s threat necessitates litigation.
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28 February 2025 |
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Court grants condonation for late affidavits in interests of justice but orders costs against the applicant.
Condonation – late filing of affidavits – interests of justice test – extent and cause of delay – voluminous record and attorney substitution – condonation granted; costs awarded to respondent on scale A (Rule 67A) and costs of Rule 30/30A application.
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28 February 2025 |
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Arrest and detention found unlawful where police lacked reasonable grounds and improperly exercised discretion under s40 CPA.
Criminal procedure – arrest without warrant – section 40(1) Criminal Procedure Act – jurisdictional facts – reasonable grounds and discretion to arrest Constitutional right to freedom and security – protection against arbitrary deprivation of liberty Disaster Management Act – COVID-19 regulations – sale of hot/cooked food; scope of offences under the regulations Delict – unlawful arrest and detention – entitlement to damages
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28 February 2025 |
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Child’s best interests required interim primary residence with mother pending forensic assessment after alleged parental chastisement.
Children — Interim residence — Best interests paramount (s 28(2)) — Allegation of parental corporal punishment — Reasonable chastisement unconstitutional — Forensic psychological assessment in suspected child abuse — Supervised contact pending assessment.
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28 February 2025 |
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Application for leave to appeal dismissed for lack of reasonable prospects of success; costs awarded to respondent.
• Appeal — Leave to appeal — Requirement to show reasonable prospects of success or other compelling reasons under s 17(1)(a) Superior Courts Act 10 of 2013. • Procedural — Leave to appeal not automatic; standard articulated in Four Wheel Drive Accessory Distributors CC v Rattan NO (and S v Smith). • Costs — Successful respondent awarded costs on party-and-party scale B.
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28 February 2025 |
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Matter postponed sine die where respondent claims an earlier Notice of Intention to Defend but cannot produce it.
Civil procedure – default judgment – postponement from the bar where defendant’s records suggest prior Notice of Intention to Defend but document cannot be produced; duty to explain failure to retrieve records; matter postponed sine die; costs reserved.
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28 February 2025 |
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Contempt not established where respondent bona fide believed he was justified and promptly arranged compliance with Children’s Court order.
Civil contempt — elements: existence of order, service, non‑compliance, wilfulness/mala fides; punitive committal requires proof beyond reasonable doubt; bona fide belief and prompt compliance can raise reasonable doubt; High Court may condone urgent procedure non‑compliance and hear contempt applications arising from Children’s Court orders.
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28 February 2025 |
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Court applied Child Justice Act to minors and found substantial and compelling circumstances to deviate from life sentences for youthful adults.
Criminal law – Murder – Group attack and common purpose – applicability of s 51(1) minimum sentence and assessment of substantial and compelling circumstances to deviate. Child Justice Act – applicability where accused were under 18 at commission/arrest – sentencing options under s 76 (compulsory residence in CYCC) and s 77 (imprisonment for juveniles). Sentencing – youthfulness, peer pressure, first-offender status, pre-sentencing reports and time in custody as mitigating factors; correctional supervision unsuitable in group violent offending. Orders – partially suspended custodial terms for youthful adults; combined CYCC residence and subsequent imprisonment for minors; directions for placement and supervision.
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28 February 2025 |
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A settlement order replaced the underlying contract; payments per the deed discharged obligations including December 2022 P&G, applicant complied.
Contract interpretation – deed of settlement made an order of court – clauses distinguishing quantified settlement amount and unquantified works amount – whether December 2022 P&G included in settlement. Effect of settlement order – replaces underlying contract and creates full and final settlement. Principle that interpretation must give meaning to all clauses and avoid unbusinesslike or absurd results.
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28 February 2025 |
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Leave to appeal refused: municipal manager properly cited; contempt finding and costs upheld.
Contempt of court – requirements for contempt (existence of order; knowledge; non‑compliance; wilfulness/mala fides) – Leave to appeal – test for leave: reasonable prospects of success or compelling reasons – Joinder and service in contempt proceedings – whether municipal official must have been joined in earlier proceedings or formally joined under Rule 10 – personal service and citation of public officials in contempt applications.
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28 February 2025 |
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Applicant's late appeal and condonation refused for lack of good cause and no prospects of success.
Civil procedure – condonation for late filing – applicant must show good cause with a full, detailed, time‑related explanation and primary facts; vague, hearsay affidavits insufficient. Civil procedure – prejudice and finality – respondent's interest in finality is a significant factor. Delict – contributory negligence – conjectural inferences about speed unsupported by evidence insufficient to establish contributory negligence. Evidence – expert calculations and "best evidence" – bank statements not always required where cash earnings and unchallenged primary evidence provide the best available evidence.
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27 February 2025 |
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The applicant failed to vary an interim maintenance order due to insufficient grounds under Rule 42 and unproven fraud claims.
Civil Procedure – Rule 42 – Variation of interim maintenance orders – Patent error or omissions – Fraud allegations in rescission applications.
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27 February 2025 |
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Reported
Late notice to defend under Rule 19(5) does not automatically postpone default judgment; postponement and costs remain discretionary.
Civil procedure – Uniform Rule 19(5) – late delivery of Notice of Intention to Defend – does not entitle automatic postponement; affords audience to be heard before presiding judge. Costs – Rule 19(5) mentions costs but award and scale remain judicial discretion; late notice is not per se an irregular step. Evidence – documents not properly tendered (eg. police docket) may be excluded; viva voce evidence or appropriate application required. Liability – defendant found 100% liable on uncontested plaintiff evidence.
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27 February 2025 |
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Plaintiff failed to prove foreseeability and wrongfulness of a window glass falling beyond the building’s balcony; claim dismissed.
Delict — negligence and omissions — duty, wrongfulness and foreseeability — effect of protective balcony — requirement for expert evidence to show object falling beyond balcony — onus of proof for all delictual elements.
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27 February 2025 |
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Serious factual disputes about a failed joint venture require referral to trial; NCA and duress issues left undecided.
Civil procedure – motion versus action – where substantial disputes of fact exist the matter must be referred to trial. Contract/NCA – whether an acknowledgement of debt and settlement agreement fall within the National Credit Act (declined to be determined). Duress – allegation of duress in execution of AOD/settlement (declined to be determined). Unjustified enrichment – pleaded as alternative cause of action; factual enquiry required. Costs – applicant penalised for persisting with inappropriate motion proceedings; costs on scale A awarded.
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27 February 2025 |
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26 February 2025 |
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Leave to appeal refused: arbitration pre-conditions unmet, supplementary affidavit admitted, no reasonable prospect of success.
Contract law – enforcement of contractual payment obligations – arbitration clause – necessity of complying with contractual pre-conditions before seeking stay; Civil procedure – supplementary affidavits – consequence of parties litigating on basis affidavit is before court; Application proceedings – Plascon-Evans rule – no real factual disputes; Administrative/constitutional authority – inability to evade contractual payment for lack of budget; Appeals – requirement of reasonable prospects of success to obtain leave to appeal.
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26 February 2025 |
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Court found both guarantees independent; R7m did not replace R4m, judgment granted for R4m plus interest.
Guarantees – interpretation – clause providing guarantee is additional and not substitution; non-variation clause – parol evidence inadmissible to vary clear written guarantees; amendment letter did not replace earlier guarantee; matter capable of determination on papers; judgment for R4 million with interest; applicant ordered to pay costs of opposition.
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25 February 2025 |
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Arbitration fixing rental suspended prescription; debt became due on 18 September 2020, so special plea dismissed.
Prescription — date debt becomes due — where parties refer to arbitration the method of calculating rental, the debt is not due until arbitrator determines it; Arbitration — referral suspends prescription; Arbitration award — finality where no review sought within agreed period; Special plea of prescription — onus to prove prescription not discharged.
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25 February 2025 |
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Parental responsibilities and rights terminated where prolonged absence, non‑maintenance and children’s expressed wishes show best interests require it.
Children’s Act s 28(1)(a) – termination of parental responsibilities and rights – best interests of the child; Voice of the Child report; prolonged absence, failure to maintain contact and pay maintenance; authority to obtain passports/consent to travel; condonation of defective affidavit.
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25 February 2025 |
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Municipal fire-safety power did not authorise depriving the owner of possession; unlawful eviction warranted restoration and punitive costs.
Municipal powers – Emergency Services Bylaws s98(3) – evacuation/closure to public vs deprivation of owner’s possession; requirement for written instructions; unlawful municipal eviction as spoliation; entitlement to immediate restoration; punitive costs for unlawful, excessive municipal conduct.
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25 February 2025 |
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25 February 2025 |
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Applicant’s defamation, delict and repudiation claims dismissed for failure to plead or prove essential elements.
Employment/contract – subcontract performance – site access restrictions – property controllers’ discretion to refuse access; duty and wrongfulness must be pleaded for pure economic loss claims. Defamation – requirement of an actionable defamatory allegation; reporting an incident and stating feelings of disrespect not defamatory allegation of sexual harassment. Contract law – repudiation requires objective, unequivocal conduct; seeking agreed cancellation is not repudiation. Pleadings – unpleaded defences (e.g., impossibility) should not be adjudicated on appeal.
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25 February 2025 |
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Arbitration clause did not bar court action; management agreement terminated by effluxion of time effective 11 January 2022, with account control and records returned to applicant.
Sectional title/Agency law – Management Agreement – Effect of expiry and non-renewal; Arbitration clause – stay requirement under s 6(1) Arbitration Act; Res judicata – effect of subsequent meetings and resolutions; Relief – transfer of bank account control and delivery of financial records.
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24 February 2025 |
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Rescission refused where guarantor was in wilful default and Conventional Penalties Act defence was unsubstantiated.
Civil procedure – rescission of default judgment – Rule 31(2)(b) – requirements: reasonable explanation, bona fides, prima facie defence; wilful default established where knowledge and failure to enter appearance without satisfactory explanation; Conventional Penalties Act s3 defence must be pleaded and proved by debtor by showing creditor's actual prejudice and disproportionality; guarantor liability under rental/forfeiture clause; applicant failed to show ability to satisfy judgment; rescission refused.
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24 February 2025 |
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Applicant entitled to interim recovery of financed vehicle pending trial after cancellation, jurisdiction and interdict requirements met.
Interim attachment of leased/financed vehicle — jurisdiction — locus standi/ownership — cancellation prerequisite to recovery — requirements for interim interdict (prima facie right, irreparable harm, balance of convenience) — vindicatory/quasi-vindicatory relief pending trial.
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24 February 2025 |
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High Court granted urgent interim custody to the father, imposing supervised contact and alcohol‑testing safeguards for the mother.
Children’s Act — parental responsibilities and rights of unmarried father (s21); High Court as upper guardian — urgent interim relief; lis pendens — pending Children’s Court where no substantive orders made; child’s best interests — risk from parent’s severe alcohol abuse; interim residence and supervised contact; alcohol‑monitoring conditions (iSober device, real‑time results, random testing); costs — respondent ordered to pay.
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23 February 2025 |
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Court enforces municipal sale resolution, dismisses last‑minute postponement, authorises Municipal Manager (and Sheriff) to effect transfer, and awards punitive costs.
Municipal law – enforcement of municipal council resolution – legitimate expectation – compliance with court orders – postponement principles – dilatory conduct – specific performance of sale and transfer – authorisation of Municipal Manager and Sheriff – punitive costs (attorney‑and‑client).
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21 February 2025 |
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State liable for unlawful police entry, assault and malicious damage; psychiatric injury from witnessing police violence is compensable.
Delict – State liability for police assault and malicious damage; unlawful entry; compensability of psychiatric injury and emotional shock; assessment of quantum by reference to comparative authorities; interest and costs.
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21 February 2025 |
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Unreliable, uncorroborated expert projections preclude default judgment for future loss of income.
Personal injury – loss of income – necessity for reliable expert evidence and factual basis for future-earnings projections; Rule 38(2) – expert affidavits permitted; expert duty to lay factual foundation (see Bee v RAF); inadmissibility of speculative extrapolation of industry earnings without collateral verification.
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21 February 2025 |
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Tenant’s meter tampering and ongoing electrical safety breaches justified urgent lease cancellation and eviction, with power cut and costs ordered.
Commercial lease — urgency — meter tampering and non-payment — statutory and contractual safety obligations — independent electrical report — valid cancellation of lease — eviction and authorization to disconnect electricity — costs awarded.
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21 February 2025 |
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Leave to appeal refused where the applicant failed to demonstrate reasonable prospects of success under section 17.
Procedure — Leave to appeal — Section 17(1)(a)(i) and (ii) Superior Courts Act — must show reasonable prospects of success or other compelling reason; Appeal test — "reasonable prospects" requires realistic, not merely arguable, prospects (S v Smith); Appeals — liberal approach discouraged; Costs — unsuccessful application dismissed with costs on scale C.
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20 February 2025 |
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Rescission refused where applicant gave no explanation or defence and s129 notice was validly delivered.
Civil procedure — Rescission of default judgment — Common-law rescission requires reasonable explanation for default and a bona fide defence with prospects of success; Rule 42(1)(a) not available where party had notice and chose absence. National Credit Act s129 — Valid service by registered post supported by post office track-and-trace and postal affidavit satisfies Kubyana. Rule 46A attachment — Proper service and conduct of attachment application preclude rescission where defendant defaults.
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20 February 2025 |
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Court ordered winding up of a close corporation for just and equitable deadlock; service on registered address was sufficient.
Close corporation — winding up under Companies Act s81(1)(d)(iii) — 'just and equitable' grounds — deadlock in management and voting — service on registered office sufficient — security certificate compliance — mediation not mandatory.
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20 February 2025 |
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A customary marriage celebrated according to custom remains valid despite non-registration and must be registered following a court declaration.
Customary law – Recognition of customary marriages – Effect of non-registration – Section 4(9) of the Recognition of Customary Marriages Act preserves validity of unregistered customary marriages. Constitutional law – Customary law as a "living" system – courts must interpret statutory provisions in light of the Constitution and the dynamism of customary practices. Administrative law – Role of Department of Home Affairs – duty to register marriages judicially declared valid and to align administrative processes with Act’s recognition of customary law. Family law – Access to remedies (proprietary consequences, divorce) not to be thwarted by non-registration.
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20 February 2025 |
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Unexplained institutional delay and bare denials justified refusal of condonation and upliftment of the bar.
Condonation and upliftment of bar — late filing of plea; application of Melane v Santam factors — explanation for delay, length of delay, prospects of success, prejudice; institutional/administrative failings insufficient excuse; bare denials do not establish prospects of success; abuse of process; costs on party-and-party scale.
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19 February 2025 |
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Arresting officer failed to have objective reasonable grounds; arrest unlawful and R35,000 awarded for unlawful detention.
Criminal procedure – Arrest without warrant (s 40(1)(b) CPA) – Objective reasonable suspicion and jurisdictional facts – Rational exercise of discretion – Unlawful arrest and detention – Assessment of damages for deprivation of liberty (solatium).
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19 February 2025 |
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Contempt not established where delay and disconnections were reasonably explained and reliance on legal advice and safety risks created reasonable doubt.
Contempt of court – requirements for contempt: order, knowledge, non-compliance and proof of wilfulness/mala fides; effect of leave-to-appeal on operation of orders; reliance on legal advice as defence; precautionary disconnection for safety concerns; imprisonment as an exceptional remedy.
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19 February 2025 |
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Applicant awarded quantified future loss of income and an unlimited s17(4)(a) medical undertaking; past loss abandoned for non-pleading.
Road Accident Fund — default proceedings (Rule 38(2)) — liability admitted; entitlement to future loss of earnings quantified; past loss abandoned for lack of pleading; actuarial calculations adjusted by contingency deductions (1% p.a. but-for; 1.5% p.a. having-regard-to-the-accident); s17(4)(a) unlimited undertaking for future medical costs; general damages separated and postponed.
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19 February 2025 |
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Whether the High Court could hear an unlawful-dismissal claim and whether respondents proved unlawful termination.
Labour and civil jurisdiction — concurrent jurisdiction of Labour Court and High Courts under LRA s157 and BCEA s77(3) — jurisdiction determined by pleadings; dismissal — distinction between unlawful/contractual claim and unfair dismissal under LRA; procedural fairness — audi alteram partem and evidentiary weight of disciplinary chairperson's report; disputes of fact in motion proceedings — application of Plascon-Evans.
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18 February 2025 |
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The applicant’s claim succeeded after the respondents’ persistent non‑compliance with court orders led to striking out their defence.
Procedure – striking out defence for non‑compliance – failure to comply with Practice Manual and court order to file heads of argument – aggravating pattern of delay – proposed amendment insufficient excuse – strike out appropriate; judgment and costs awarded.
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18 February 2025 |
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Whether counsel’s invoices were payable in full turns on brief terms: RAF‑assessed briefs limited payment; claimant briefs were payable.
Attorney–counsel briefs – payment terms – distinction between claimant briefs and RAF briefs – RAF-assessed (taxed) fees payable only as allowed by RAF; taxation not prerequisite for claimant invoices; necessity for defendant to plead and prove unreasonableness of counsel's fees.
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18 February 2025 |
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Court awarded R1,156,645 plus a 70% section 17 undertaking after admitting expert affidavits and applying 70/30 apportionment.
Road Accident Fund; Rule 38(2) – expert evidence on affidavit; assessment of general damages for serious injury; actuarial calculation of past and future loss of earnings; contingency reduction; apportionment of liability (70%/30%); section 17(4)(a) undertaking; costs (scale B).
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18 February 2025 |
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Leave to appeal refused: customary marriage unproven and Master’s executor appointment set aside for procedural irregularities and fraud.
Civil procedure – Leave to appeal under s 17(1) Superior Courts Act – whether reasonable prospect of success. Succession – appointment of executrix by Master – procedural irregularities and judicial review. Court appointment of executor in exceptional circumstances to protect minors’ interests. Customary law – validity of customary marriage – requirement of lobola and handing over; probative effect of inconsistent or fraudulent marriage certificates.
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18 February 2025 |
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Court terminated co‑ownership, granted respondent a time‑limited buy‑out option and set rules for expense apportionment and sale.
Co‑ownership – termination – actio communi dividundo – buy‑out versus sale by open market or public auction – court's equitable discretion. Division of proceeds – deductible items (50% of deposit, transfer/bond registration fees, rates and insurance) versus non‑deductible items (bond instalments, consumption, routine maintenance). Valuation procedure, timelines for financing and transfer, and appointment of sheriff as receiver/liquidator if sale fails.
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17 February 2025 |