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Citation
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Judgment date
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| August 2025 |
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A father’s supervised contact rights were varied to unsupervised access, with the mother ordered not to interfere and to pay costs.
Family law – variation of contact rights – supervised contact – best interests of the child – interference by custodial parent – costs order.
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29 August 2025 |
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Rule 43 applications are not the forum for striking out or relitigating interim orders absent material changes in circumstances.
Family law – Rule 43 applications – Application to strike out in interim maintenance proceedings – Variation of interim maintenance and contact orders – Proper approach to Rule 43(6) applications – Sui generis and expeditious nature of Rule 43 relief – Misplaced satellite litigation.
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29 August 2025 |
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Court orders removal of ex-husband’s name from title deed due to registration error after divorce; rectification under section 4(1)(b).
Deeds Registries Act – rectification of title deed – registration error – absence of real agreement – removal of divorced spouse’s name from title deed – consent and court order under section 4(1)(b) – rectification not amounting to transfer of rights.
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29 August 2025 |
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Conviction for rape and kidnapping upheld but minimum life sentence replaced with 18 years due to substantial and compelling circumstances.
Criminal law – Rape – multiple acts – sentencing – minimum sentences – whether life imprisonment prescribed – substantial and compelling circumstances – effect of lengthy pre-trial detention. Criminal procedure – appeal – standard for interfering with factual findings – single witness rule – procedural irregularity in referral for sentence under section 52 of Act 105 of 1997.
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29 August 2025 |
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Summary judgment granted on acknowledged legal debt; further legal fee claims require taxation before enforcement.
Civil procedure – Summary judgment – Attorneys’ fees – Acknowledgment of debt – Independent contractual liability – Taxation of legal bills – Waiver of right to taxation – Summary judgment denied where taxation demanded for disputed fees.
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29 August 2025 |
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Court awards primary residence to mother, rejects shared residency due to parental conflict, and appoints a parenting coordinator.
Family law – Residence and contact – Minor children – Parental rights and responsibilities – Disputes between parents – Expert recommendations – Shared residency versus primary residence – Parenting coordinator – Best interests of the child – Court’s discretion in high-conflict co-parenting scenarios.
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29 August 2025 |
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A contempt application requiring disclosure of information about counterfeit goods referred to oral evidence due to factual disputes.
Civil contempt – Counterfeit Goods Act – failure to comply with order to provide information – standard of proof – referral to oral evidence – factual disputes as to knowledge and control of required information – committal for contempt not established on current papers.
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28 August 2025 |
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Application for rectification of a registered bond stayed due to pending action covering the same issues, invoking lis pendens.
Civil procedure – lis pendens – rectification of deed – pending action proceedings – National Credit Act – duplication of litigation – motion proceedings – factual disputes – issue estoppel.
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28 August 2025 |
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Urgent interdict refused and matter removed due to inadequate notice to the respondents.
Civil procedure – urgent interdict – adequacy of notice to respondents – procedural fairness in urgent applications – matter removed from the roll.
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28 August 2025 |
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Plaintiff failed to prove clinic negligence; CHBAH’s delayed treatment constituted novus actus and claim was dismissed.
Medical negligence — circumcision and post‑operative care; assessment of standard of care. Causation — factual and legal causation; plaintiff’s onus to prove causation on balance of probabilities. Novus actus interveniens — delayed/aggressive hospital treatment (Fournier’s gangrene) breaking causal chain. Exemption/indemnity clauses in hospital contracts and interaction with Consumer Protection Act — not determinatively decided. Weight of expert evidence and failure to call treating hospital witnesses/blood culture results.
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28 August 2025 |
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A solvent company's business deadlock and irretrievable breakdown between shareholders warranted its just and equitable winding-up.
Company law – winding-up – solvent companies – just and equitable ground – board and shareholder deadlock – irretrievable breakdown in relationship – business rescue – procedural requirements for counter-application – locus standi.
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28 August 2025 |
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A company may be wound up on just and equitable grounds where shareholder and director conflicts have caused permanent paralysis.
Company law – Winding up of solvent company – Section 81(1)(d)(iii) of the Companies Act 71 of 2008 – Just and equitable ground – Irretrievable breakdown in trust and relations among shareholders and directors – Procedural requirements for business rescue application.
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28 August 2025 |
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Court dismissed leave to appeal, reaffirming Master's lack of power to remove executor and applicant's standing to challenge removal.
Estates – Executor – Removal by Master of High Court – Powers of Master – Locus standi to challenge removal – Leave to appeal – Reasonable prospects of success.
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28 August 2025 |
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A commercial tenant was ordered to vacate following lawful cancellation of lease for non-payment, despite allegations of pending arbitration.
Eviction – Commercial lease – Validity of cancellation for rental arrears – Urgency – Arbitration clause – Lis alibi pendens – Effect of subsequent arrear payments – Entitlement to vacant possession.
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27 August 2025 |
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Application to set aside a 1986 property transfer dismissed for lack of standing, evidence, and improper use of review proceedings.
Property – Transfer – Alleged fraudulent transfer – Locus standi – Administrative review – Eviction proceedings – Delay tactics – Motion proceedings – Dismissal of unsubstantiated claim.
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27 August 2025 |
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PAJA’s 180‑day time limit is peremptory; unexplained delay precludes condonation and bars substantive review.
Administrative law – PAJA s 7(1) – time limits for judicial review – 180-day peremptory period – condonation requires full and reasonable explanation for entire delay – absence of satisfactory explanation bars substantive review (Sasol Chevron principle).
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27 August 2025 |
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Urgent defamation relief dismissed: retractions/apologies require action; prior restraint unjustified where matter is public and applicant acquiesced.
Defamation — remedies — apologies and retractions are compensatory (unliquidated) and ordinarily require action proceedings. Prior restraint — prohibitory interdicts are drastic; must show reasonable apprehension of grave injustice and substantial prejudice outweighing public interest. Declaratory relief — declarators of past defamation without consequential relief are inappropriate in urgent motion proceedings. Procedural rules — Rules 17(2) and 18(10) reinforce requirement to pursue unliquidated damages in action.
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27 August 2025 |
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Quantum of loss of earnings in a personal injury claim cannot be determined where expert evidence is outdated and insufficient.
Personal injury – Road Accident Fund – quantum – expert evidence – admissibility – outdated expert reports – insufficient quantum evidence – postponement sine die.
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27 August 2025 |
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A guarantor was held liable on a performance guarantee despite retention of the original, as a copy sufficed to create liability.
Performance guarantee – whether issuing and delivery of a copy, rather than the original, suffices to establish liability – estoppel – construction contracts – right of recovery under the guarantee – requirement for presentation of original document – interpretation of guarantee terms.
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26 August 2025 |
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Guarantor held liable under performance guarantee where copy, not original, was delivered, and estoppel applied due to guarantor's conduct.
Construction law – Performance guarantee – Liability of guarantor – Whether delivery of original guarantee required for enforcement – Estoppel – Guarantee deemed issued where copy delivered and plaintiff relied thereon – Right of recovery under construction contract.
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26 August 2025 |
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Damages for brief unlawful arrest assessed with reference to pleaded claim and evidentiary sufficiency, resulting in award of R60 000.
Delict – Unlawful arrest and detention – Damages – Assessment of quantum – Admissibility and weight of expert evidence – Limitation to pleaded claim amount.
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26 August 2025 |
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Director General's failure to provide adequate reasons invalidates refusal to lift immigration prohibition, requiring reconsideration and proper explanation.
Immigration – Prohibited person status – Section 29(2) of Immigration Act – Review of administrative decision – Adequacy of reasons – Condonation for late review – Exhaustion of internal remedies – Remittal for reconsideration.
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26 August 2025 |
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The court upheld liability for negligent pre- and post-natal care resulting in injury, finding the scope was covered at trial.
Delict – Medical negligence – Hospitals – Vicarious liability of provincial health authorities – Factual findings – Extent of pleadings – Scope of trial – Expert evidence – Pre-surgical and surgical negligence – Duty of care in postpartum and surgical management – Causation of injury.
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26 August 2025 |
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Court assesses compensation for future loss of income for a child severely injured in a road accident, applying high contingencies.
Personal injury – future loss of earnings – minor injured in motor vehicle accident – assessment of damages where plaintiff was of pre-school age at time of injury – speculative nature of loss projections – statutory cap under Road Accident Fund Act – application of contingencies.
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26 August 2025 |
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A final winding-up order was granted where the respondent company was found commercially insolvent and unable to pay its debts.
Company law – winding-up – commercial insolvency – inability to pay debts as they fall due – final liquidation – entitlement of unpaid creditor to winding-up order – effect of failed settlement negotiations on liquidation proceedings.
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26 August 2025 |
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Applicant failed to prove a binding lease or satisfy interdict requirements; application dismissed with costs.
Lease law; month-to-month tenancy; whether negotiations and unsigned documents constitute a binding lease; interim vs final relief; requirements for interdict (prima facie/right, irreparable harm, balance of convenience, alternative remedy); improper joinder of parties.
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25 August 2025 |
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A close corporation was provisionally wound up due to member deadlock and possible PRECCA violations arising from business mismanagement.
Close corporation – winding up – just and equitable ground – deadlock between members – locus standi – exclusion from management – reporting duties under Prevention and Combating of Corrupt Activities Act – fronting and BEE misrepresentation – provisional winding up order.
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25 August 2025 |
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Claim against organ of state dismissed; statutory notice and condonation insufficient where claim is already prescribed.
Labour law – termination of fixed-term contract – claim against organ of state – statutory notice under section 3 of Act 40 of 2002 – prescription – condonation – requirements for condonation including absence of prescription.
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25 August 2025 |
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An application for leave to appeal a non-final order dismissing a Rule 7 company litigation authorisation challenge was dismissed with costs.
Company law – Authorisation of company litigation – Validity of round-robin board resolutions – Appealability of interlocutory orders – Requirements for special versus ordinary resolutions – Uniform Rule 7 proceedings.
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25 August 2025 |
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A guilty plea and personal circumstances justified deviation from the minimum life sentence for the rape of a minor.
Criminal law – sentencing – minimum sentencing – rape of a minor – whether substantial and compelling circumstances exist to depart from life imprisonment – effect of guilty plea and personal circumstances.
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25 August 2025 |
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A court may correct a patent error in a municipal debt judgment order under Rule 42(1)(b) without revisiting the merits.
Municipal law – municipal accounts – correction of court orders under Rule 42(1)(b) – functus officio – prescription of debt – clarity and enforceability of orders – onus for prescription – disputes under section 102 of the Municipal Systems Act – jurisdiction to grant declaratory relief; court may mero motu amend order to correct patent error.
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25 August 2025 |
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A parent who entirely abandoned their child can be declared unworthy to inherit from the child’s intestate estate on public policy grounds.
Intestate succession – definition of 'parent' – whether complete abandonment by a biological parent can exclude intestate inheritance – extension of the common law doctrine of indignus (unworthiness) – public policy and absolute parental neglect as grounds for unworthiness to inherit – distinction between parenthood under the Children’s Act and the Intestate Succession Act.
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24 August 2025 |
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Application for final interdictory relief dismissed where adequate alternative remedy via Pension Fund Adjudicator was available to the applicant.
Pension law – Urgent applications – Final interdictory relief – Adequate alternative remedy – Section 37D of Pension Funds Act – Withholding of pension benefits – Jurisdiction of courts and Pension Fund Adjudicator – Costs on attorney and client scale for vexatious urgent proceedings.
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24 August 2025 |
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Court stays execution of a default judgment pending rescission proceedings, finding no urgency for immediate rescission relief.
Civil procedure – rescission of default judgment – urgency – interim interdict pending rescission – execution of judgment – balance of convenience – costs reserved.
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23 August 2025 |
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Ministerial consent not required for conversion of leasehold to ownership where township formalisation occurred under suspended invalidity of ULTRA.
Property law – Upgrading of Land Tenure Rights Act (ULTRA) – conversion of leasehold to ownership – effect of Rahube v Rahube – requirement of Ministerial consent for property transfers – urgent relief – statutory interpretation.
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23 August 2025 |
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Refusal to stay arbitration proceedings pending action is not appealable where substantive rights remain undetermined.
Arbitration – stay of proceedings – exercise of judicial discretion – appealability of interlocutory orders – refusal to stay arbitration not appealable when substantive rights remain undetermined.
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22 August 2025 |
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A review of an appeal board's refusal to award costs in disciplinary proceedings must be brought under PAJA, not common law.
Review—Administrative Law—Costs—Disciplinary proceedings under statutory council—Appeal board’s scope of order—Whether review of costs must be brought under PAJA—Judicial exercise of discretion on costs—Adequate reasons given by appeal board.
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22 August 2025 |
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A delictual claim for damages following a regulator’s refusal of statutory certification fails where PAJA review was not pursued.
Administrative law – PAJA – refusal or failure to renew Fidelity Fund Certificates – whether delictual damages available for pure economic loss – exhaustion of remedies – statutory appeals – administrative action – public body liability.
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22 August 2025 |
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Court ordered sale and division of co-owned property pending divorce without premature accrual adjustment or preferential reimbursement to either spouse.
Family law – Divorce – Partition of co-owned property by actio communi dividundo – Termination of co-ownership between spouses pending divorce – Distinction between maintenance obligations and co-ownership responsibilities – Preferential reimbursement disallowed prior to accrual calculation – Costs.
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22 August 2025 |
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A pension fund must adhere to its rules and promptly convene its general meeting regardless of incomplete representative elections.
Pension fund law – compliance with fund rules – convening of general meeting – whether failure to elect full complement of representatives prevents general meeting – powers of fund to deviate from constitution – urgent relief to enforce fund governance.
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22 August 2025 |
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A court held that under a JBCC contract, a final payment certificate creates an enforceable payment obligation despite identified construction defects.
Civil procedure – appeal – condonation – late filing of power of attorney and security for costs – whether non-compliance justifies striking matter from roll; Building and construction law – JBCC contract – final payment certificate – legal effect – whether employer may withhold payment due to outstanding defects; Enforcement of payment certificates – distinction between payment obligation and defects liability regime.
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22 August 2025 |
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A court clarified that prior orders regulating signatory arrangements govern unincorporated joint venture accounts pending a compliant board resolution.
Company law – unincorporated joint ventures – Bank account signatories – Effect of court orders regulating corporate signatory authority – Compliance of KYC documents with prior judicial orders – Urgency in commercial disputes – Role of appointment of independent director to resolve shareholder deadlocks.
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22 August 2025 |
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Court grants limited interim spousal maintenance, sets child maintenance and legal cost contribution, and orders costs in the cause.
Family law – Rule 43 applications – Spousal maintenance pendente lite – Duty of full financial disclosure – Contribution towards legal costs – Quantum of child maintenance – Best interests of the child – Costs in the cause.
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22 August 2025 |
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A court granted condonation for late filing and found Respondents complied with a prior order, dismissing the Applicant's strike-out application with costs.
Civil procedure – condonation – requirements for granting condonation for late filing of affidavits – compliance with court orders – interpretation of court orders – application to strike out defence for alleged non-compliance – costs.
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21 August 2025 |
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The court dismissed an application to amend particulars of claim for lacking required particularity, but allowed a compliant re-amendment.
Civil procedure – Amendment of pleadings – Requirements under Rule 18(4) and (6) – Vague and ambiguous pleadings – Irregular steps – Application for amendment dismissed for insufficient particularity; leave granted to re-amend.
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21 August 2025 |
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A single judge lacks authority to correct a full court's criminal judgment; correction must be by the remaining full court members.
Criminal procedure – Correction of judgment or order – Patent error or ambiguity in full court's criminal appeal judgment – Applicability of Rule 42(1)(b) to criminal matters – Principle of functus officio – Use of Superior Courts Act s14(5) for correction where not all original judges are available – Authority of single judge to correct full court's order – Drafting and effecting of correction to reflect true intention of court.
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21 August 2025 |
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A single judge cannot correct an erroneous Full Court criminal appeal order; this must be done by the remaining Full Court judges.
Criminal procedure – Correction of error in appeal judgment – Rule 42(1)(b) of Uniform Rules of Court not applicable to criminal matters – Function of correcting patent errors in Full Court judgments – Section 14(5) of Superior Courts Act enabling remaining judges to correct the order where one judge unavailable – Jurisdiction of single judge in such corrections denied.
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21 August 2025 |
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Regulatory board unlawfully rubberstamped advisory recommendations; applicant's fine set aside and refunded.
Administrative law — Judicial review under PAJA — duty of decision-maker to apply its mind and not rubberstamp advisory committee recommendations; remedial discretion — repayment as just and equitable relief; prescription — repayment in review proceedings not a 'debt' under Prescription Act (Petersen principle).
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21 August 2025 |
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Plaintiff succeeded in claims for damages, restoration costs, and municipal charges after defendant's unlawful occupation of commercial premises.
Lease – Breach of lease – Unlawful holding over – Damages – Loss of rental income – Restoration costs – Liability for municipal charges – Onus of proof and quantification – Expert valuation and surveyor evidence – Unopposed claim – Costs.
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20 August 2025 |
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An appeal against a murder sentence was dismissed where aggravating factors and gender-based violence justified a higher term.
Criminal law – sentencing – murder – appeal against sentence – first offender – aggravating circumstances – gender-based violence – minimum sentence in terms of s51(2) of Act 105 of 1997 – judicial discretion – appellant’s personal circumstances – proportionality of sentence – circumstances justifying departure from minimum sentence.
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20 August 2025 |