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Citation
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Judgment date
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| April 2025 |
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A court may mero motu raise MFMA s33 compliance where a contract plainly extends beyond three budget years.
Mero motu questions of law; interpretation of service level agreements; Municipal Finance Management Act s33(1) — contracts imposing financial obligations beyond three-year budget cycle; illegality of public contracts and the court’s duty to avoid prejudice when raising new points of law; contractual interpretation to uphold versus void an unlawful contract.
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8 April 2025 |
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Inadequate public participation rendered the municipality's re‑categorisation of privately owned educational properties unlawful and unconstitutional.
Local government — Municipal rates — Categorisation of privately owned educational properties — Public participation obligations (Municipal Systems Act, MFMA, MPRA) — Use vs ownership as lawful criteria for rates categories — Best interests of the child and right to basic education considered — Remedy: setting aside policy provisions, remittal with directions and interim tariff relief.
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8 April 2025 |
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Applicant entitled to default judgment where respondent filed intention to defend but failed to plea and remained inactive.
Default judgment – Uniform Rule 31(5)(a) – defendant in default of plea – practice directive compliance – notice of bar not a prerequisite where defendant elects inaction – interplay with Rule 26.
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8 April 2025 |
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Tenant cannot compel municipal reconnection absent privity, spoliation or unmet PAJA procedural rights.
Administrative law – PAJA – procedural fairness for tenants before termination of municipal electricity supply; Spoliation – whether disconnection of electricity constitutes dispossession – mandament van spolie not available where disconnection is not aimed at ejecting occupant; Civil procedure – urgency; Contracts – lack of privity prevents common-law interdict against supplier.
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8 April 2025 |
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Tenant's urgent application for reconnection dismissed: no contempt, no spoliation, no interdict without contractual nexus.
Municipal electricity supply — rule nisi and contempt — mandament van spolie and services — procedural fairness (Joseph) — availability of interdict without direct contractual right — tenant's remedies against landlord for non-payment.
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8 April 2025 |
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Urgent relief to prevent lawful repossession denied where rescission pending and no urgency demonstrated.
Urgency — repossession of vehicle — effect of pending rescission on enforcement of default judgment — written undertaking not to sell — locus to sue — costs (ordinary scale).
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8 April 2025 |
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Appellant acquitted where evidence failed to prove common purpose, assault, or intent to cause the infant’s death.
Criminal law – murder/unlawful killing – common purpose – whether evidence proves concerted action; causation – injuries consistent with a fall; reasonable doubt – intoxication, crowded and rainy scene limiting observation; acquittal for insufficiency of proof.
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8 April 2025 |
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Leave to appeal refused: applicant failed to show reasonable prospects or other compelling reasons; costs awarded.
Leave to appeal — Superior Courts Act s17(1)(a)(i) reasonable prospects test — 'would' vs 'could' threshold; gatekeeper function of leave application; arbitration — interpretation of arbitration agreement; arbitrator’s power to determine contract validity (clause 4.5.6) not limited to expressly pleaded issues; tribunal’s factual finding on head-lease termination supported; striking out new matter in replying affidavit — discretionary exercise; costs follow result (scale C).
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7 April 2025 |
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The court upheld the validity of the ante nuptial contract, dismissing the applicant's claims of misrepresentation.
Family Law – Ante nuptial contract validity – Justus error and misrepresentation – Marital property regime determination – Evidence of consensus and mutual assent in marital agreements.
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7 April 2025 |
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Court orders City to engage in internal appeal process over disputed utility billing.
Municipal law – internal appeal process – obligations of municipalities and customers – utility billing disputes.
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7 April 2025 |
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Court orders City to address trust's electricity billing dispute and respond per statutory obligations due to lapsed engagement.
Administrative Law – Local Government – Electricity Billing Dispute – Obligation to Engage – Rectification of Incorrect Billing – Locus Standi in Trust Dispute – Application of Prescription in Billing Disputes.
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7 April 2025 |
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High Court rules Regional Court lacked jurisdiction in spoliation case based on exceeding monetary jurisdiction.
Civil procedure – jurisdiction – application of mandament van spolie – monetary jurisdiction in spoliation cases not based on contract.
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4 April 2025 |
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Leave to appeal granted on whether summary judgment could be challenged over a patent pleading error and enforceability issues.
Leave to appeal – s 17(1)(a) Superior Courts Act – summary judgment – enforceability of on‑demand guarantees, deeds of suretyship and indemnity – validity of demand – vagueness of indemnity – mero motu correction of patent pleading error (interest rate) – Roestof and subsequent authorities considered.
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4 April 2025 |
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A warrantless arrest was unlawful where the police failed to exercise discretion under section 40(1) of the Criminal Procedure Act.
Criminal Procedure Act s 40(1) – warrantless arrests – jurisdictional facts versus discretionary power to arrest – arrest as last resort – constitutional right to liberty – requirement to consider less drastic means – unlawful detention where discretion not exercised.
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4 April 2025 |
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Court consolidates actions to determine validity of conflicting marriages and appropriate asset distribution.
Family Law - Urgent interdict - Alleged conflicting marriages - Asset division - Potential prejudice.
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4 April 2025 |
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Applicant entitled to paternity recording and contact; passport surrendered pending both parties' consent; parenting coordinator issue deferred.
Family law – parental rights – recording of paternity on birth certificate and amendment of child's surname; admission of late supplementary affidavits; best interests of the child – contact orders; interim restraint on passport and prevention of unilateral relocation; parenting coordinator – application to replace deferred pending response.
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3 April 2025 |
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Contractually authorised extensions by a municipal entity did not constitute administrative action and the late legality review was dismissed.
Contract law – construction contract extensions – practical completion and contractual extensions under GCC Contract not administrative action. Administrative law – legitimacy of legality review under section 1(c) of the Constitution – exercise of public power required for reviewable administrative action. Municipal finance – alleged MFMA non-compliance (ss 33, 116) raised but did not convert contractual extensions into unlawful administrative action. Civil procedure – delay and condonation – undue delay fatal to self-review. Dispute resolution – adjudication award subject to contractual arbitration (clause 10.6.1).
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3 April 2025 |
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Court refused defendants' amendment seeking oral misrepresentation and rectification to avoid on‑demand guarantee liability.
Amendment of pleadings; parol evidence rule and pre-contractual averments; on-demand guarantees; express contractual exclusion of unwritten representations; rectification of contract requires pleaded common intention/common mistake; excipiability and prejudice as grounds to refuse amendment.
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3 April 2025 |
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Court ordered R300,000 security and stayed recission, finding respondent’s repeated litigation vexatious.
Rule 47(3) — security for costs — vexatious litigation — recission application dismissed or stayed pending security — applicant’s delay and waiver points rejected — attorney-and-client costs ordered.
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3 April 2025 |
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Dies non does not delay responses to Rule 23/30 notices; proposed amendment would import a new, excipiable cause of action.
Civil procedure — Rule 23 and Rule 30 notices — Notices not applications; dies non in Rule 6 not applicable to such notices — Proper response to ignored notice is exception — Amendment refused where it imports new cause of action or renders particulars vague and embarrassing.
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3 April 2025 |
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Lease cancellation and eviction upheld for material maintenance breaches; late supplementary affidavit refused.
Lease — maintenance obligation — clause 6 construed to impose lessee's duty to keep premises neat and effect maintenance (reasonable wear and tear excepted); late supplementary affidavit refused for inordinate delay; material breach found — lease cancellation and eviction upheld; de minimis principle inapplicable to contractual cancellation absent public policy or constitutional complaint.
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2 April 2025 |
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Court enforced a 12‑month nationwide post‑employment restraint, finding protectable client/confidentiality interests and respondent's denials implausible.
Restraint of trade — enforceability of post-employment restraint — protectable interests (client connections, confidential information) — urgency in restraint disputes — assessment of disputed facts on papers — final interdict and punitive costs.
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2 April 2025 |
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Applicant failed to prove majority shareholding or beneficial interest; application and interim relief dismissed.
Company law – share issuance and registration; beneficial interest and beneficial ownership of shares; Companies Act ss 38, 41, 56, 61, 68; unanimous assent and written polling; interim interdictory relief; locus standi under s 61(5).
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2 April 2025 |
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Payment to seller’s nominated attorney in terms of the sale agreement discharged the purchaser’s obligation; specific performance ordered.
Contract interpretation – sale by auction – clause 3.3: payment in cash to seller’s attorneys who shall hold in trust – payment discharges purchaser’s obligation. Adjectus solutionis causa – appointed stakeholder to receive payment; payment to adjectus effects discharge between contracting parties. No tacit duty on purchaser to ensure funds remain in seller’s attorney’s trust account where attorney misappropriates funds. Specific performance – purchaser entitled to registration of transfer after paying deposit and balance in terms of agreement. Remedies against misappropriating conveyancer: claim against attorney and Legal Practitioners’ Fidelity Fund.
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2 April 2025 |
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Urgent application compelling property transfer obligations amidst duress and financial mismanagement allegations.
Urgency – Offer to Purchase – Transfer Documentation Obligations – Duress Claim – Proper Service of Notice – Financial Agreement Dispute.
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2 April 2025 |
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Appellant’s cumulative personal circumstances constituted substantial and compelling grounds to reduce the prescribed minimum firearm sentence.
Firearms – unlawful possession – s.51(2) CLAA prescribed minimum sentences – substantial and compelling circumstances – cumulative personal mitigation, rehabilitation and pre‑trial detention – appellate interference where sentencing court materially misdirects – substitution of minimum sentence.
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1 April 2025 |
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Court awards R1,789,664 for past and future loss of earnings after adjusting expert projections and contingencies.
Road Accident Fund – Quantum – Past and future loss of earnings – assessment of medico-legal, occupational and industrial-psychology reports – appropriate contingency deductions and actuarial calculations – interest and Section 17(4)(a) undertaking.
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1 April 2025 |