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Citation
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Judgment date
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| September 2025 |
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Appeal upheld: default judgment ought to have been granted; RAF 100% liable for loss of income and future medical costs; general damages postponed.
Road Accident Fund — default judgment under Uniform Rule 31 — discretion to hear viva voce evidence under Rule 38(2) — corroboration by police report and attending officer — proof of informal-sector earnings and appropriate contingency deductions — general damages postponed sine die and referral to HPCSA — respondent’s failure to defend.
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30 September 2025 |
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Summary judgment for applicant on post-sale shortfall; prescription, misnomer and res judicata defences rejected.
Credit law – Instalment sale – Cancellation, repossession and resale – Shortfall quantified on resale gives rise to a new debt; prescription runs from date of sale. Civil procedure – Summary judgment – Certificate of balance and statutory notices constitute prima facie proof; bald denials do not disclose bona fide defences. Procedural law – Misnomer curable where correct party served and no prejudice. Res judicata – Different cause of action (shortfall) from earlier cancellation/repossession proceedings.
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30 September 2025 |
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Material factual disputes over customary marriage and partial lobola payment required referral to trial.
Customary marriage – validity – effect of partial lobola payment and absence of subsequent rituals. Evidence – corroboration and credibility in customary marriage disputes. Civil procedure – disputes of fact in motion proceedings – application of Plascon-Evans. Rule 6(5)(g) – referral of application to trial where oral evidence required. Recognition of Customary Marriages Act – consent and customary formalities.
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29 September 2025 |
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Disputed signatures and alleged forgery raised a bona fide factual dispute requiring referral to trial rather than final relief on motion.
Civil procedure – motion proceedings – disputed signatures / alleged forgery of suretyships and guarantees – bona fide dispute of fact – fraud unravels everything – Plascon‑Evans and Wightman principles – Rule 6(5)(g) referral to trial.
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29 September 2025 |
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Summary judgment refused where alleged post-signature alteration and lack of spousal consent raised a bona fide triable defence.
Suretyships – spousal consent – section 15(2)(h) of the Act – requirement of written consent where spouse married in community of property. Exception – section 15(6) – whether the suretyship was entered into in the ordinary course of the signatory’s business, trade or profession. Document alteration – allegation that suretyship was 'doctored' after signature raises triable issue requiring viva voce and possibly expert evidence. Summary judgment – defendant need only disclose bona fide defence which is not inherently and seriously unconvincing; triable issues defeat summary judgment. Default judgment and execution – where co-defendants are in default, plaintiff may obtain judgment and execution against immovable property.
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29 September 2025 |
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A respondent’s mere “noting” of allegations is deemed admission; bank’s claims succeeded with repossession and punitive costs.
Civil procedure – motion proceedings – answering affidavits perform pleading function – mere ‘noting’ of allegations deemed admission; bare denials failing to create genuine dispute (Wightman). National Credit Act – section 129 compliance – proof of service of notices by email accepted. National Credit Act – section 86(2) – debt review initiated after cancellation is precluded. Banking law – locking of accounts does not extinguish debtor’s obligation to pay; credits continue to be processed. Remedies – repossession of financed vehicle and leave to claim shortfall; punitive costs (attorney-and-client).
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29 September 2025 |
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Virtual commissioning is not authorised by existing Regulations, but courts may admit substantially compliant affidavits in the interests of justice.
• Evidence – Administration of oaths – Regulation 3(1) (‘in the presence of’) contemplates physical presence; virtual commissioning not sanctioned by current Act/Regulations.
• Commissioners of oaths – Distinction between ex officio commissioners (designated for the Republic) and foreign office holders under section 8; territorial limits apply.
• Procedure – Regulations directory; courts may admit non‑compliant affidavits where there is substantial compliance and it is in the interests of justice.
• Appellate review – Discretion to admit non‑compliant affidavits must be exercised judicially; appellate interference limited unless discretion misapplied.
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26 September 2025 |
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Appellant's denial rejected; identification, medical and circumstantial evidence corroborated the complainant and appeal dismissed.
Criminal law – Assault with intent to do grievous bodily harm – identification and credibility of complainant; corroboration by J88 medico‑legal report and circumstantial facts (clinic/hospital treatment, blood, broken glass). Evaluation of defence version – improbability and absence of independent corroboration for alleged extortion motive. Witness inconsistency – defence witness evidence (police) insufficient to raise reasonable doubt. Liability for assault where accused acted in concert with assailants.
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26 September 2025 |
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Interlocutory amendment and condonation granted; court refused to decide if Insolvency Act s31 impeaches post‑liquidation dispositions.
Civil procedure – amendment of pleadings and condonation; exception for vagueness and failure to disclose cause of action; Insolvency Act s31 (collusive dispositions) – issue whether it applies to dispositions after deemed liquidation date; Companies Act s341 (void disposals) and s40(5) (issue of shares for future services) – sufficiency of pleading; interlocutory restraint on deciding complex statutory interpretation.
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26 September 2025 |
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Leave to appeal dismissed; urgent application properly struck and counsel sanctioned with de bonis propriis costs for misconduct.
Civil procedure — urgent applications: failure to satisfy urgency may justify striking from roll; costs consequences. Appealability — Zweni test for finality, definitiveness and disposal of relief. Costs — de bonis propriis and attorney-and-client scale appropriate for misconduct. Professional conduct — personal attacks on opponents breach Code of Conduct and warrant sanctions.
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26 September 2025 |
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Applicant entitled to rebilling and removal of estimated and phantom‑meter charges; lacks locus standi on reseller’s account; interdict refused.
Administrative law – municipal billing – rebilling obligations; locus standi – claims against separate reseller/metering company; evidential sufficiency of deponents with system access; estimates v actual meter readings; removal of erroneously allocated phantom meter charges; interdicts must be specific and executable; punitive costs for procedural misconduct.
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26 September 2025 |
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An urgent mandament van spolie was struck from the roll for lack of urgency; applicants ordered to pay respondents' costs.
Urgent procedure – Rule 6(12) – strict requirement to plead particularised urgency; Mandament van spolie – remedy confined to restoration of possession, not adjudication of ownership; Standing – applicant cannot litigate for unidentified third parties without mandate; Factual disputes of possession may preclude final spoliation relief on motion; Abuse of process – punitive attorney-and-client costs justified where tender refused and proceedings improperly litigate merits.
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26 September 2025 |
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Court grants relocation to Netherlands as in children’s best interests despite psychologist’s recommendation against it.
Children — Relocation — Best interests of the child paramount; factors to be weighed include practical advantages, impact on parental contact, and child’s wishes. Children’s Act s 18(5) — Court may dispense with consent to remove child from Republic. Expert evidence — Weight depends on factual basis and reasoning; expert must assist the court objectively. Contact — Detailed regime, electronic contact, holiday visits, and parenting coordinator as safeguards to preserve parent–child relationship. Costs — Judicial discretion; each party ordered to pay own costs where opposition not unreasonable.
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26 September 2025 |
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Applicant entitled to seek contempt for non‑compliance with identity‑verification order; compliance purged contempt but punitive costs awarded.
Contempt of court – failure to comply with order to verify identity and nationality – urgency and entitlement to bring contempt proceedings. Condonation – late filing of answering affidavit – factors and discretion. Purging contempt – compliance after institution of proceedings removes need for committal. Costs – departure from usual rule; attorney-and-client costs justified where respondents’ delay and non‑compliance unjustifiably burden court and prejudice applicant. Parole implications – accurate prison profiling and verified identity central to parole assessment.
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25 September 2025 |
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Trust entitled to perfect special notarial bond; respondents’ conditional repayment defence and joinder fail.
Special notarial bond – perfection of pledge and enforcement on default; loan agreement interpretation – whole-agreement clause defeats alleged collateral condition; joinder – direct and substantial interest required; costs awarded on attorney-and-client scale and counsel on scale C.
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25 September 2025 |
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Applicant failed to prove a partnership or clear right; interdict refused and appeal dismissed.
Partnership law — essentialia of partnership; motion procedure — affidavits as pleadings and evidence; tacit terms — standard of proof; interdict — requires existing clear right; commercial use of “partner” may be colloquial, not legal partnership.
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25 September 2025 |
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Summary judgment granted on mortgage debt; primary residence declared executable and sale ordered at R NIL reserve due to excessive encumbrances.
Civil procedure – summary judgment – mortgage bond debt – Certificate of Balance and account statements as proof – opponent’s bare denials insufficient to raise triable issue. National Credit Act s129/s130 – service by registered mail to domicilium addresses and track-and-trace evidence sufficient for notice of default. Execution against primary residence – Rule 46 and Rule 46A – requirement to consider constitutional right of access to housing, valuations, municipal and body corporate claims. Reserve price – exceptional circumstances may justify R NIL reserve where encumbrances and third-party claims exceed market value and prospects of sale are negligible.
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25 September 2025 |
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Respondent found guilty of contempt for wilful non‑compliance with maintenance and costs order; 30‑day committal unless R605,000 paid.
Family law – contempt of court for non‑compliance with rule 43 maintenance and costs order; standard of proof in committal (criminal standard for wilfulness/mala fide); evidentiary burden on alleged impecunious respondent to make full, frank financial disclosure; refusal to admit late affidavits and protection of judicial integrity; appropriate sanction – conditional committal and punitive costs.
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25 September 2025 |
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Court appointed an independent social worker and ordered supervised interim contact pending a best‑interests report; each party to bear own costs.
Children’s Act – Section 28 and 29 – jurisdiction where child ordinarily resident and consent to jurisdiction; best interests inquiry. Urgency and condonation – late affidavits – good cause and child’s interests justify condonation. Interim relief – appointment of independent social worker/Family Advocate report; supervised contact pending report. Family law – refusal to order relocation of child where child domiciled elsewhere and applicant failed to disclose financial basis for relocation/maintenance.
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25 September 2025 |
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s38 POCA permits ex parte preservation orders on reasonable grounds that property served as an instrumentality of drug dealing.
POCA s38 – ex parte preservation orders – preventative purpose and requirement of uberrimae fides in ex parte applications; Instrumentality test – reasonable grounds/prima facie standard for preservation orders; Chapter 6 proceedings are in rem – owner’s culpability largely irrelevant at preservation stage; Innocent-owner defence available at forfeiture stage (s52).
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23 September 2025 |
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State failed to prove guilt beyond reasonable doubt; all four accused acquitted due to unreliable eyewitness and corroboration gaps.
Criminal law – mob violence/mob execution – identification evidence – reliability of single eyewitness testimony; visibility and electricity at scene. Criminal procedure – s 174 discharge applications – partial discharges considered during trial. Evidentiary sufficiency – absence of contemporaneous photos/videos/identity parade undermining prosecution case. Alibi and medical corroboration – medical records corroborating alibi can be decisive in reasonable-possibility analysis. Onus – State required to prove guilt beyond reasonable doubt.
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23 September 2025 |
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A private owner’s PIE eviction succeeded where the occupier failed to prove risk of homelessness or destitution.
PIE eviction — owner’s right to possession after sale in execution; just and equitable enquiry under s26 Constitution and sections 4/6 of PIE; need for municipal report and temporary emergency accommodation where homelessness risk is established (Blue Moonlight); evidential burden on occupier to prove destitution (Plascon-Evans/Occupiers of Berea); setting of a just and equitable eviction date; costs awarded to successful private landowner.
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22 September 2025 |
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Applicant obtained committal for contempt; email service condoned; suspensions uplifted and respondent sentenced to imprisonment and suspended sentence.
Civil contempt — repeated publication of vulgar, defamatory and harassing emails — upliftment of suspended sentences and committal to imprisonment; substituted service by email condoned where respondent evades personal service; punitive costs on attorney-and-client scale.
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22 September 2025 |
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Summary judgment granted only for levies; untaxed legal and monitoring fees require taxation or trial.
Sectional titles — levy recovery; summary judgment — liquidated claim for levies; Rule 25(4) — legal costs recoverable only if taxed or agreed by member; trustee resolution cannot displace taxation safeguard; monitoring fees and untaxed attorney-client costs disputed — not recoverable on summary judgment; condonation for late filing; costs to defendants (High Court scale).
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22 September 2025 |
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Applicant failed to show reasonable explanation or prima facie defence to rescind default judgment for unpaid vehicle instalments.
Civil procedure – Rescission of default judgment – Rule 31(2)(b) requirements: reasonable explanation for default, bona fides, and prima facie defence. Common law rescission – sufficient cause requires acceptable explanation and bona fide defence with prospects of success. Rule 42(1)(a) – rescission for judgment erroneously sought/granted; service and delivery issues. National Credit Act s129 – compliance assessed by registered mail and postal notification; Kubyana standard applied. Service of process – Rule 4(1)(a)(iv) and permitted times under Rule 4(1)(b) validly permit affixing at domicilium gate.
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22 September 2025 |
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Summary judgment granted where borrowers made no payments and failed to raise a bona fide defence to cancellation.
Civil procedure – summary judgment – cancellation of contract for breach; loan agreement between relatives – no payments made; disputed repayment term does not create triable issue where non‑performance is common cause; inconsistent and shifting pleadings negate bona fide defence; costs follow the cause (scale A).
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22 September 2025 |
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Applicants’ cancellations invalid for failure to give contractual 21‑day notice; statements were promises, not misrepresentations.
Contract law – building agreements – clause making 21‑day written notice a condition precedent to cancellation applies where contractor suspends works or fails to proceed with reasonable diligence; failure to give notice renders purported cancellation invalid. Misrepresentation v contractual promise – statements about future performance or future compliance (completion dates, obtaining NHBRC registration, availability of resources) are promises, not existing‑fact misrepresentations; non‑performance is breach, not rescission ground. Interdict – owner cannot obtain final interdict compelling access for third‑party contractors while builder’s exclusive contractual mandate and site control subsist. Urgent procedure – formal defects in service may be condoned where no real prejudice and respondents had full opportunity to respond.
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22 September 2025 |
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Client’s WhatsApp acknowledgements of debt were admissible; unpaid legal fees awarded with contractual interest and attorney-and-client costs.
Attorneys’ fees – action for balance of account – part-payment and contemporaneous acknowledgements by client – admissibility of WhatsApp messages as acknowledgements, not without-prejudice settlement offers. Civil procedure – locus standi and name-change – amendment of citation permitted to reflect formal change approved by Legal Practice Council. Affidavit deponent – authority and knowledge validated by special power and direct conduct with client. Pleas – general, unsubstantiated denials of indebtedness insufficient under Plascon-Evans; taxation raised belatedly is dilatory.
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22 September 2025 |
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A registered antenuptial contract signed after marriage is invalid; parties remain married in community of property.
Antenuptial contract — requirement that ANC be signed before marriage; registration does not validate post-nuptial document; power of attorney insufficient to cure non-compliance; opposed motion inappropriate where material disputes of fact exist; costs and partial disallowance of attorney/counsel fees.
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22 September 2025 |
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Eviction under PIE granted where occupier’s homelessness and destitution claims were unsubstantiated; eviction set for 30 November 2025.
PIE Act eviction — s26 Constitution — balancing owner’s rights and occupier’s socio‑economic circumstances — evidentiary burden in motion proceedings — municipal duty to provide temporary emergency accommodation only where homelessness is established — setting just and equitable eviction date.
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21 September 2025 |
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Respondent succeeds in reconsideration where urgent order rested on disputed facts and an unproven waiver.
Urgent applications — rule 6(12)(c) reconsideration of orders granted in absence — disputed facts and unproven waiver — Plascon‑Evans rule — unsigned minutes and evidentiary weight — costs on attorney-and-client scale including two counsel.
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19 September 2025 |
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Appeal reinstated and forfeiture ordered for substantial misconduct; only living‑annuity income forms part of joint estate.
Divorce Act s9 – forfeiture of patrimonial benefits; reinstatement of lapsed appeal; substantial misconduct (financial neglect, diminution of joint estate, maintenance of extra‑marital children, domestic violence) as ground for forfeiture; living annuities – only income portion forms part of joint estate; consent/clarity on forfeiture of movables.
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19 September 2025 |
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An administration under the Social Housing Act does not bar creditors from winding‑up; provisional liquidation supersedes administration.
Social Housing Act s12 administration — interaction with insolvency law; no moratorium created by administration order. Section 12(9)(d) — confers standing to institute winding‑up but not exclusivity. Provisional winding‑up supersedes prior administration order; regulator must cooperate with liquidators. Creditors’ winding‑up rights preserved under companies and insolvency legislation.
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19 September 2025 |
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Bank validly sold mortgaged property under repayment arrangement; sale price reasonable and judgment for shortfall awarded.
Security and suretyship – mortgagee’s power of sale under repayment arrangement and special power of attorney; standard of review – exercise of discretion arbitrio bono viri; proof of bona fide higher offers and quantum of shortfall; recovery of municipal rates advanced by mortgagee.
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19 September 2025 |
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A settlement agreement made an order of court that prescribes a valuation mechanism can produce an immediately enforceable judgment debt once quantified.
Family law; settlement agreement made an order of court – enforcement – whether post‑order valuation mechanism produces a determinable judgment debt; arbitration clause not triggered by non‑participation; execution by warrant of an amount determined under settlement order.
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19 September 2025 |
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Sequestration granted where member failed to pay court‑ordered levies, was insolvent and sequestration benefits creditors.
Insolvency law – sequestration – applicant creditor of homeowners’ association – judgment debt arising from settlement agreement made an order of court – liquidated debt and interest – nulla bona return – section 8(g) act of insolvency – advantage to creditors – trustee investigative powers – unencumbered immovable property – costs on attorney and client scale.
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19 September 2025 |
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Late appeal refused for inadequate explanation and no reasonable prospects of success; costs awarded to respondent.
Civil procedure – condonation – interests of justice – full explanation for entire period of delay required (Melane; Van Wyk). Leave to appeal – s17(1)(a) Superior Courts Act – reasonable prospects of success or other compelling reasons required (Ramakatsa). Mortgage enforcement – admitted indebtedness and escalating arrears undermine prospects of success against Rule 46A execution order. Absence of legal representation at hearing is not, without more, a basis for reasonable prospects of success in motion proceedings. Costs – attorney and client scale awarded in terms of mortgage loan agreement.
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19 September 2025 |
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Leave to appeal refused: applicants failed to show reasonable prospects and would not secure trust debts, so transfers could not be ordered.
Civil procedure – leave to appeal (s 17 Superior Courts Act) – requirement of reasonable prospect of success; Trusts – receiver’s fiduciary duties and discretion in transferring trust assets; Interpretation of distribution clause – distributions only after payment/settlement of trust debts; Security for debts – requirement of guarantee before effecting transfers.
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19 September 2025 |
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Court enforced prior order restoring possession, prohibited utility disconnection and harassment, and allowed contempt remedies.
Civil procedure – urgent enforcement of prior interlocutory order – restoration of undisturbed possession including utilities and movable assets. Property/tenancy – unlawful self-help by disconnecting utilities to enforce levy arrears is impermissible; proper legal process required. Contempt – failure to implement court order may be met with contempt proceedings. Interdict – prohibition on harassment or threats against occupant.
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19 September 2025 |
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Final sequestration granted where applicant proved liquidated claim, s8(g) act of insolvency, and likely advantage to creditors.
Insolvency — Sequestration — section 12(1) Insolvency Act — requisites: liquidated claim, act of insolvency (s8(g)), advantage to creditors; waiver requires clear proof; objective test for s8(g); discretion only displaced by special circumstances.
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19 September 2025 |
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Court orders urgent equal shared parental care, expert assessment of child's best interests, counselling and Family Advocate suspension.
Children — Best interests — Urgent application — Equal shared care; return to two-week/ two-week residence regime — Post-relationship co-parenting counselling ordered — Referral to nominated experts for assessment (psychometric testing allowed) — Family Advocate to suspend investigation pending expert report — Costs of experts shared pro rata — Interim telephonic contact limited.
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18 September 2025 |
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No substantial and compelling circumstances justified deviation from prescribed life sentence for premeditated murder; appeal dismissed.
Criminal law – Sentencing – Prescribed minimum sentences – Section 51(1) Criminal Law Amendment Act – Substantial and compelling circumstances required to deviate from life imprisonment – Appellate interference only for misdirection or unreasonable exercise of discretion.
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18 September 2025 |
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Court ordered play therapy and parental hair‑follicle/nail drug testing as interim measures in child's best interests.
Child welfare – Best interests (s28(2) Constitution) – Interim protective measures – Court may order play therapy and hair‑follicle/nail‑clipping drug testing of a parent where child’s distress and history of parental substance abuse warrant intervention; urgency and proportionality considered; procedural formalism not to trump child’s interests (AD v DW applied).
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18 September 2025 |
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Confession admitted: court found it freely and voluntarily made despite minor procedural defects.
Criminal procedure – admissibility of confession – voluntariness and language requirement under s35 Constitution – s217 Criminal Procedure Act – Browne v Dunn: failure to confront witness – probative weight of proforma confession and SAP14.
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18 September 2025 |
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An appeal struck for failure to file heads may be re-enrolled only with condonation and filed heads of argument.
Criminal procedure – Appeal struck from roll for failure to file heads of argument – Re-enrolment conditional on condonation and filing of heads of argument. Procedural safeguarding where appellant appears to have been at large – attorney to explain procurement of power of attorney; bar re-enrolment until custody. Court discretion to impose conditions to prevent repetitive or vexatious re-enrolment.
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17 September 2025 |
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Appellate court upheld kidnapping and repeated-rape conviction and minimum sentence; no substantial and compelling circumstances found.
Criminal law – Sexual offences and kidnapping – conviction based on single witness corroborated by independent eyewitness and unchallenged medical evidence – identification and credibility upheld. Criminal procedure – Appeal – appellate interference with trial court’s discretionary sentencing power – requirement to show misdirection or that chosen sentence is inappropriate. Sentencing – Minimum Sentencing Act s51(1) – application of Malgas/Dodo test; no substantial and compelling circumstances to deviate.
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17 September 2025 |
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Applicant failed to prove on a balance of probabilities that he was pushed from a moving train by others, claim dismissed.
Delict – personal injury alleged on train – causation and onus on plaintiff to prove push versus self-initiated peril; credibility of witnesses and inconsistencies in pleadings. Standard of proof – balance of probabilities applied; previous authorities on proof and causation considered.
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17 September 2025 |
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Whether substantial and compelling circumstances justified deviation from prescribed life sentence for child rape.
Criminal law – Sexual offences – Rape of a child under 16 – Prescribed life sentence under s 51(1) Minimum Sentencing Act – Whether substantial and compelling circumstances justify deviation; Evidence – identification and child witness credibility; Appeal – appellate interference with sentence only on misdirection or unreasonable exercise of discretion.
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17 September 2025 |
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Eviction granted as just and equitable but municipality must engage and provide temporary accommodation to avoid homelessness.
Eviction under PIE — unlawful occupation following lawful cancellation of lease; non‑joinder where occupiers were sublet into units; municipal duty to meaningfully engage and provide temporary emergency accommodation under Constitution/Blue Moonlight when eviction risks homelessness; considerations under ss 4 and 6 of PIE (just and equitable enquiry).
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17 September 2025 |
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Life sentences for premeditated double murder upheld; crime of passion and remorse not substantial and compelling.
Criminal law – Murder – Premeditation/planning – Sustained on evidence of multiple shots, bullet trajectories and contemporaneous statements; Sentencing – Minimum prescribed sentence (life) – Whether substantial and compelling circumstances exist to justify deviation; Self-defence and accidental discharge rejected on ballistic and post-mortem evidence; Remorse and crime of passion do not automatically constitute substantial and compelling circumstances; Sentences upheld and ordered to run concurrently.
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17 September 2025 |