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Citation
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Judgment date
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| September 2025 |
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A police officer was interdicted from harassing and threatening former witness protection programme participants after proven intimidation.
Interdict – Police officer – Threats and intimidation – Balance of probabilities – Final interdict restraining harassment – Protection of witnesses – Accountability of police in harassment cases.
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4 September 2025 |
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A party was held in contempt of a Rule 43 maintenance order for wilfully failing to comply, despite pending variation proceedings.
Civil procedure – Contempt of court – Maintenance orders – Rule 43 interim maintenance – Wilful and mala fide non-compliance – Appropriate forum for variation – Enforcement and punitive sanctions.
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4 September 2025 |
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A tender award was set aside due to non-compliance with eligibility criteria and unresolved audit non-conformances.
Procurement law – Self-review by organ of state – Tender irregularity – Non-compliance with mandatory eligibility criteria – Possession of OEM manuals and spare parts catalogue – Non-conformances in audit – Section 217 of the Constitution – Legality review – Delay in review application.
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4 September 2025 |
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Municipality found in contempt for disconnecting services in violation of court orders over disputed utility account; punitive costs awarded.
Contempt of court – municipal services – compliance with court orders – failure to restore electricity due to disputed account – necessity of bona fide compliance – standards for civil contempt – incapacity to impose imprisonment without joinder in personal capacity – punitive costs for unjustified litigation conduct.
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3 September 2025 |
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Partial grant of bail on appeal: exceptional circumstances found for one appellant based on identification evidence and personal circumstances.
Criminal procedure – bail – Schedule 6 offences – robbery with aggravating circumstances – onus on accused to show exceptional circumstances – approach to dock identification and identification parades – differing circumstances between co-accused.
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3 September 2025 |
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A purchaser’s defence based on undelivered breach notices fails where the contract deems registered mail as delivered, enabling repossession.
Credit agreements – instalment sale – summary judgment – deemed delivery of legal notices by registered mail – National Credit Act compliance – effect of postal error – counterclaim regarding vehicle defect – contractual waiver of defect claims.
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3 September 2025 |
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Conviction set aside where identification evidence and admissions were insufficient and contradictory to prove guilt beyond reasonable doubt.
Criminal law – identification – conviction based on clothing description alone – reliability and sufficiency of identification evidence – contradictory witness testimony – absence of forensic evidence – reasonable doubt – setting aside conviction on appeal.
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3 September 2025 |
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Leave to appeal denied where attorney's unprofessional conduct resulted in personal costs order and referral to the Legal Practice Council.
Civil procedure – Application for leave to appeal – prospects of success – costs de bonis propriis – inappropriate conduct by legal practitioners – reporting to Legal Practice Council – personal attacks on judiciary by attorney – interests of justice in granting appeal.
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3 September 2025 |
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A party cannot compel financial disclosure after a signed settlement agreement has resolved all matrimonial disputes.
Family law – Settlement agreement – Practice Directives – Financial Disclosure Form (FDF) – whether FDF required post-settlement – court’s approach to settlement agreement validity and variation – pacta sunt servanda – absence of live dispute – costs.
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3 September 2025 |
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A party's application to compel discovery of a relevant email under Rule 35(7) is not an irregular step under Rule 30.
Civil procedure – Discovery – Uniform rule 35(7) – Application to compel discovery of allegedly privileged document – Whether application to compel constitutes an irregular step – Discovery of email and metadata relevant to authenticity of documents – Distinction between procedural irregularity and substantive dispute – Prejudice as condition for setting aside procedural steps under rule 30.
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2 September 2025 |
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A court may rescind a consent order if no actual agreement existed; unexplained default and delay bar rescission of divorce orders.
Civil procedure – rescission of court order – Rule 42(1)(a) – default divorce order – application for rescission – erroneous grant of order by consent where no consent existed – absence of reasonable explanation for default – procedural fairness in divorce and property division orders.
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2 September 2025 |
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Damages for loss of earning capacity must consider pre-existing impairments and are subject to judicial discretion on contingencies.
Delict – Damages – Loss of earning capacity – Pre-existing neurocognitive impairment – Quantum – Contingencies – Assessment of expert evidence – Admissibility of defendant’s submissions in default proceedings.
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2 September 2025 |
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An application for eviction was postponed pending further investigation into occupiers' circumstances and readiness of alternative housing.
Eviction application – requirements under section 4 of the PIE Act – necessity for full investigation and reporting of occupiers' details and potential homelessness – municipal duties to provide comprehensive reporting – postponement pending adequate information.
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2 September 2025 |
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A provisional winding-up application was dismissed where the existence of the applicant’s debt was bona fide disputed on reasonable grounds.
Insolvency law – Provisional winding-up – Bona fide dispute on the existence of debt – Application of Badenhorst rule – Liquidation proceedings not to be used for debt collection where debt is genuinely disputed on reasonable grounds.
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1 September 2025 |
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A shareholder successfully claimed loan repayment, dividends, and document access; respondent’s counter-application for damages in motion proceedings was dismissed.
Company law – shareholder rights – loan agreement – entitlement to repayment and dividends – inspection of company records – Companies Act – counterclaim for unliquidated damages – competence of motion proceedings – costs – punitive costs for vexatious litigation.
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1 September 2025 |
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Civil forfeiture under POCA Chapter 6 is ex parte and does not permit challenges under rule 30 by interested, non-party claimants.
Criminal law – civil forfeiture – Prevention of Organised Crime Act 121 of 1998 – Chapter 6 procedure – ex parte application – standing of interested parties – application of rule 30 – procedural rights under section 39 and 40 – rules for opposed motions not applicable.
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1 September 2025 |
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Summary judgment granted for return of vehicle where no triable defence to balloon payment obligation was established.
Credit agreement – summary judgment – defence to return of vehicle – interpretation and application of balloon payment clause – triable issue – requirements for resisting summary judgment.
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1 September 2025 |
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A contractor’s bona fide defence regarding delay penalties and payment certificate amendments precluded summary judgment in a construction dispute.
Civil procedure – summary judgment – construction contract – payment certificate – amended Rule 32(2)(b) – bona fide defence – principal agent’s authority to amend payment certificates – triable issues precluding summary judgment.
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1 September 2025 |
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Application for leave to appeal sentence dismissed for lack of reasonable prospects of success or compelling reasons.
Criminal procedure – leave to appeal – minimum sentences – substantial and compelling circumstances – whether reasonable prospects exist that another court would impose a lesser sentence – application for leave to appeal sentence dismissed.
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1 September 2025 |
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Applicant’s email contradicted his claim, creating a triable issue; respondents granted leave to defend and summary judgment refused.
Civil procedure – summary judgment – alleged oral loan and admitted advance but disputed repayment terms – applicant's own email creating contradiction and a bona fide triable issue – leave to defend granted.
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1 September 2025 |