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Citation
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Judgment date
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| December 2025 |
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Urgent interdict granted to restrain and remove defamatory podcast allegations, with retraction, apology, damages hearing and costs on Scale C.
Defamation – urgent interim relief – podcast publication – defamatory allegations of corruption and criminality – fair comment/public interest defence rejected – removal, retraction, apology, undertaking and damages referred to oral evidence – costs on Scale C.
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31 December 2025 |
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Respondent held 100% liable; applicant failed to prove future patrimonial loss so default judgment for earnings refused.
Road Accident Fund – motor-vehicle collision caused by dislodged tyre – prima facie negligence of vehicle owner/driver – defendant did not plead contributory negligence – burden and standard for proving future impairment and patrimonial loss – distinction between causation (impairment on balance of probabilities) and quantification of future loss – stale expert reports insufficient – Section 17(4)(a) undertaking ordered – default judgment for loss of earnings refused.
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31 December 2025 |
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Plaintiff failed to prove insured driver’s negligence; collision attributed to plaintiff’s failure to keep proper lookout, claim dismissed.
Road Accident Fund — Motor vehicle collision — Negligence and causation — Mutually destructive versions resolved on credibility, reliability and probabilities — Failure to keep proper lookout may constitute sole negligence — Damages on seriousness postponed where RAF fails to elect.
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31 December 2025 |
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A peregrinus applicant who left after incriminating findings may be barred from court as a fugitive under clean hands doctrine.
Administrative law – review of Commission report – interlocutory application alleging applicant is a fugitive – clean hands doctrine – virtual commissioning of affidavits: substantial compliance – condonation for late filing – security for costs does not extinguish dismissal relief.
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30 December 2025 |
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Arrest, detention and prosecution were lawful where informer tip, consented search and reasonable suspicion supported prosecution; plaintiff’s claims dismissed.
Criminal procedure – Arrest without warrant – s 40(1)(b) CPA – reasonable suspicion based on informer tip, surveillance and consented search; Detention – s 50 CPA – brought before court within 48 hours; Malicious prosecution – requirement of reasonable and probable cause and malice; Prosecutorial discretion – honest belief on reasonable grounds; Costs awarded to defendants.
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29 December 2025 |
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Plaintiff awarded R4.31m loss of earnings; RAF 100% liable and ordered to give s17(4)(a) undertaking.
Road Accident Fund Act s17(1), s17(4)(a) – RAF liability for passenger injuries; Default judgment Rule 38(2) after striking out plea; Loss of earnings – actuarial valuation, contingency deductions, application of s17(4)(c) statutory cap; Award of costs including expert and actuarial fees.
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24 December 2025 |
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Respondent’s refusal to renew applicant’s membership was unlawful, procedurally unfair, irrational and tainted by bias.
Voluntary association — membership renewal — validity of application — attorney’s letter as renewal application — CPD compliance and remedial discretion — breach of constitution where Board usurps Membership Committee — natural justice (audi alteram partem) — reasonable apprehension of bias (nemo iudex) — review and substitution of decisions — costs on scale C.
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24 December 2025 |
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Court reduces actuarial future‑loss award after finding early‑retirement and promotion assumptions speculative; RAF 90% liable.
Road Accident Fund – delictual claim for loss of earnings under s 17 RAF Act – evidence via Rule 38(2) affidavits and expert summaries – orthopaedic, occupational therapy, industrial psychology and actuarial reports – speculative actuarial assumptions concerning early retirement and promotion prospects – court adjusts actuarial assumptions to avoid over‑compensation – award for loss of income and s 17(4)(a) undertaking.
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23 December 2025 |
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Whether failure to disclose a protection order justified refusal of bail balancing liberty against community safety.
Criminal procedure — Bail — Material non-disclosure — Failure to disclose existence/service of protection order — Relevance to s65(4) factors and s60(5) prevalence assessment — Balancing accused’s liberty vs community safety.
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23 December 2025 |
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Default judgment refused for loss of earnings where plaintiff failed to prove diminished earning capacity; RAF held 100% liable for proven damages.
Road Accident Fund – passenger claim – default judgment – liability of RAF for passenger – proof of loss of earnings/earning capacity – medico-legal, occupational and actuarial evidence – section 17(4)(a) undertaking – costs.
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23 December 2025 |
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Absent/divested biological parent is not a necessary party; ordinary residence governs national adoption; s239 non‑recommendation is not dispositive.
Children’s Act – Adoption – Jurisdiction determined by ordinary residence; nationality/immigration irrelevant where child and prospective adopter reside in RSA – Chapter 15 applicable. Joinder – Absent or divested biological parent under s236(1) not a necessary party nor fit as prospective adoptive parent under s231(7). s239(1)(d) letter – Non‑recommendation valid but not dispositive; Children’s Court must consider but is not bound. Urgency – imminent loss of adoptability on majority justifies urgent relief. Separation of powers – Department may not usurp Children’s Court’s decision‑making function.
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22 December 2025 |
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Summary judgment dismissed because bona fide jurisdictional and arbitrability defences required trial or arbitration.
Civil procedure — summary judgment — Rule 32(3)(b) — defendant must disclose bona fide defence — jurisdiction by agreement — parties cannot confer jurisdiction absent traditional jurisdictional factors — arbitration clause may survive termination and render dispute arbitrable.
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22 December 2025 |
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Defendant liable for 100% of plaintiff’s proven patrimonial loss; 15% of actuarial future earnings awarded.
Delict — causation and quantification of patrimonial loss; loss of earnings/earning capacity; actuarial computation as basis for quantification; contingencies/discount; Rule 38(2) affidavit evidence and section 3(1)(c) hearsay admission of hospital records; Rule 33(4) separation of general damages; section 17(4)(a) RAF undertaking.
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20 December 2025 |
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The respondent failed to prove the workshop's conduct caused the motorcycle engine seizure; appeal upheld.
Contractual damages; defective workmanship – causation; expert evidence admissibility and weight; failure to prove causal link between repair procedure and engine seizure; appellate review of factual findings.
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19 December 2025 |
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19 December 2025 |
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Attorney must release client’s arbitration file upon adequate trust-held security pending taxation of disputed fees.
Attorney’s lien over client file; substitutionary security adequacy; urgency and self-created urgency; taxation of attorney-and-own-client bill; conditional release of files; costs on scale A.
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19 December 2025 |
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Defamation on Facebook established, but damages reduced due to limited publication and lack of proven reputational or business loss.
Defamation — social media publication (Facebook) — proof of extent of publication and quantum of damages — non-pecuniary harm accepted (marital strain) — no proven business or political loss — apology/retraction not ordered where not sought — default judgment.
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19 December 2025 |
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Court awarded R2,064,327 for past and future loss of earnings after accepting conservative actuarial projections.
Road Accident Fund – quantum of damages – past and future loss of earnings – uncontested medico‑legal and actuarial evidence under Rule 38(2) – contingency deductions – judicial preference between actuarial reports – default judgment procedure.
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19 December 2025 |
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Urgent interdict granted to prevent administrator implementing RFP amendment that excluded hospitals, breaching Regulation 15E(2) and threatening access to care.
Medical schemes/administrators – Request for Proposal – selection and tiering of provider networks – Regulation 15E(2) MSA – administrative action and principle of legality – urgent interim interdict to prevent exclusion of hospitals affecting access to healthcare – adequacy of remedies under ss 47–48 MSA.
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19 December 2025 |
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Leave to appeal refused; cross-appeal allowed only on the preliminary prescription issue; costs to be costs in the appeal.
Civil procedure — Leave to appeal — Superior Courts Act s17(1)(a)(i)/(ii) — elevated 'would' threshold requiring reasonable prospect of success — reliance on unpleaded/unargued precedent and statute ineffective — preliminary point in limine of prescription grants leave.
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19 December 2025 |
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Whether suspension of a Children’s Court interim contact order was justified; respondent found in contempt for wilful non‑compliance.
Children’s Court interim contact order – suspension/stay – requirements for interim interdict (prima facie right, irreparable harm, balance of convenience) – self‑created urgency – civil contempt for wilful non‑compliance with court orders – coercive relief and leave to seek committal – Family Advocate investigation – costs on scale C; de bonis propriis not ordered.
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19 December 2025 |
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The magistrate erred in refusing bail pending appeal by failing to consider special leave and the absence of active prosecution opposition.
Criminal procedure – Bail pending appeal – Onus under s60(4)(a)–(e), s60(8A) and s60(11)(a) – Exceptional circumstances – Magistrate’s failure to consider special leave to appeal and lack of active opposition – Conditions of bail to protect interests of justice.
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19 December 2025 |
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Whether leave to appeal an interim interdict restraining execution of a domestic‑violence warrant should be granted absent irreparable harm.
Domestic Violence Act – definition of "economic abuse" – whether refusal to co‑operate in sale of former matrimonial home falls within economic abuse; Interim interdict – appealability of interlocutory orders with no final effect – leave in interests of justice and requirement of irreparable harm; Enforcement of divorce decree – execution or contempt proceedings as appropriate remedies; Lawful use of warrant of arrest issued under protection order.
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18 December 2025 |
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Leave to appeal refused: interim interdict denied for lack of pleaded accrual claim and no evidence of dissipation.
Application for leave to appeal – Superior Courts Act s17(1)(a)(i) – stricter test: reasonable prospect of success – appealability of interim/interlocutory orders requires exceptional circumstances – interim interdict refused for absence of pleaded vested or prima facie contingent accrual claim – no substantiated risk of dissipation – costs on scale C.
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17 December 2025 |
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Review dismissed: arbitral errors of merit do not establish gross irregularity or impropriety; parts of award made an order of court.
Arbitration — Review of arbitral award — s33(1)(b) gross irregularity and s33(1)(c) improperly obtained award — court will not set aside award for merits-based errors or re-litigation of issues — admission of further affidavit where reply raises new matter — strike-out of scandalous/vexatious allegations — making parts of award an order of court under s31(1).
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15 December 2025 |
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Arrest and detention lawful where police had reasonable suspicion; malicious prosecution not established.
Criminal procedure – Arrest without warrant – s40(1)(b) CPA – objective reasonable suspicion required; Detention – s35(1) Constitution and 48‑hour rule; Malicious prosecution – requirements of reasonable and probable cause and malice; Civil procedure – late amendment of plea permissible absent mala fides or manifest prejudice; Absolution from the instance – onus shifts to defendant when unlawfulness denied.
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15 December 2025 |
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Condonation for late s3 notice refused: claim prescribed once applicants knew arresting officers were metro police.
Institution of Legal Proceedings Against Certain Organs of State Act s3 — condonation; prescription — debt due when creditor knows debtor identity and facts; Madinda test for condonation (no prescription, good cause, no unreasonable prejudice); summons against other organs and joinder do not interrupt prescription for an unjoined organ.
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15 December 2025 |
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Whether an Insolvency Working Group's recommendation binds the Chief Master or remains subject to his approval.
Administrative law — Insolvency Working Group (IWG) recommendations — Whether recommendations are final or subject to Chief Master approval — Chief Master's authority under Administration of Estates Act and s96A — Rule 6(5)(e) supplementary affidavit — Perjury and deponent credibility — Oudekraal principle (decision remains until set aside).
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15 December 2025 |
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Arrest, detention and prosecution upheld where police had reasonable suspicion and prosecutor had reasonable and probable cause.
Criminal procedure – Section 40(1) CPA – reasonable suspicion and discretion to arrest; Detention – undocumented status and necessity; Malicious prosecution – reasonable and probable cause; withdrawal due to absent witnesses not indicative of malice.
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15 December 2025 |
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Magistrate’s failure to conduct mandatory s35 NRTA enquiry and elicit required guilty-plea admissions led to conviction set aside.
Road traffic law – mandatory Section 35 NRTA enquiry before sentence – requirement of sworn (preferably viva voce) evidence to avoid automatic licence suspension; Criminal procedure – validity of guilty plea in speeding cases requires admissions on device functioning and operator competence (S v Phuzi); Firearms Control Act s103 – not applicable to routine speeding; procedural and record-keeping irregularities vitiating proceedings.
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15 December 2025 |
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Court made parties’ RAF settlement order, awarding loss of earnings, s17(4)(a) undertaking, postponing general damages sine die.
Road Accident Fund – settlement agreement – default procedure under Rule 38(2) – making settlement an order per Eke v Parsons and RAF authorities – section 17(4)(a) undertaking – apportionment of liability – costs and contingency fee compliance.
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12 December 2025 |
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Whether the applicant has reasonable prospects on appeal about PAJA applicability and the defendant’s onus in a fidelity fund claim.
Administrative law – PAJA applicability – whether failure to renew Fidelity Fund Certificates amounted to a "decision" under PAJA – onus to plead and prove facta probanda of alleged administrative decision – delictual liability for statutory breach – test for leave to appeal under s17 Superior Courts Act.
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12 December 2025 |
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The court held the tender had lapsed due to failure to obtain timeous bidder consent to extensions; awards and agreements set aside, suspended 150 days.
Public procurement — bid validity period — extensions require timeous request and consent from all bidders; internal decision not communicated before expiry is not final; procuring entity must prove incorporation of internal policies and notify bidders; suspended declaration of invalidity to protect continuity of essential services.
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12 December 2025 |
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Warrantless arrest without reasonable suspicion is unlawful and renders the Minister liable for resulting detention damages.
Criminal procedure — Warrantless arrest — Section 40(1)(b) CPA — Objective reasonable suspicion required; pointing-out cannot retrospectively validate an unlawful arrest — De Klerk liability principles: foreseeability of remand and liability for entire detention — Damages for unlawful arrest and detention.
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12 December 2025 |
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Appeal against quantum for unlawful arrest and detention partially succeeds; first respondent's award reduced, second confirmed.
Delict — unlawful arrest and detention — assessment of quantum for constitutional rights infringements — compensatory, vindicatory and deterrent purposes — appellate intervention where award is disproportionate — balancing Seymour caution on public purse.
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12 December 2025 |
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Variation of interim maintenance dismissed for failure to make full financial disclosure and to prove material change.
Family law – Rule 43(6) variation of interim maintenance – onus on applicant to prove material change and make full and frank financial disclosure – incomplete disclosure fatal to relief – maintenance pendente lite for stepchild upheld in best interests of child.
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12 December 2025 |
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Applicant father authorised to take the child on urgent holiday; court found travel in the child's best interests and confirmed interim contact.
Family law — Urgency — Child’s best interests — Leave for domestic travel with minor — Parental contact pending parenting plan — Family Advocate involvement not required for time‑sensitive decisions — Safety and communication safeguards — Costs awarded.
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12 December 2025 |
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Leave to appeal to the SCA granted on whether a customary marriage existed and related property and maintenance orders.
Family law – recognition and proof of customary marriages (Recognition of Customary Marriages Act s3, s10(2)) – antenuptial contract validity – matrimonial property regimes (Matrimonial Property Act s21; Deeds Registries Act s88) – consent and customary rites – spousal maintenance – leave to appeal (Superior Courts Act s17) – conflicting authority and question of law of general application.
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12 December 2025 |
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Court made the plaintiff’s RAF settlement an order of court, enforcing payment, costs, an s 17(4) undertaking and trust provisions.
Road Accident Fund – settlement agreement – Rule 38(2) – Eke v Parsons criteria for making settlements court orders – Mafisa v RAF: courts must respect agreed terms – s 17(4) RAF Act undertaking – establishment and administration of trust for minor beneficiary.
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12 December 2025 |
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Tribunal misdirected itself by treating debarment as a contractual dispute, so decision set aside and remitted for rehearing.
Administrative law — PAJA judicial review — material error of law by Tribunal — misapplication of FAIS Act fit-and-proper requirements — debarment vs contractual dispute — failure to consider relevant evidence — remittal to Tribunal for de novo reconsideration; Tribunal may call oral evidence.
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12 December 2025 |
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A surviving spouse who is the intestate heir retains exclusive burial rights; a non‑heir lacks standing to claim the remains.
Succession and family law – right to bury deceased – intestate heir’s burial rights – effect of estrangement and domestic violence – locus standi of non‑heir relatives – application of Plascon‑Evans rule in urgent factual disputes.
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12 December 2025 |
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Whether a creditors' vote rejecting a business rescue plan is inappropriate where valuation and dividend disclosure are deficient.
Companies Act — business rescue — s153(1)(b)(i)(bb) and s153(7) — whether creditors' vote rejecting plan was "inappropriate" — single-value balancing of stakeholders’ rights — s150(2) requirement that plan contain sufficient information (valuation, purchase price, dividend calculations) — locus standi and joinder — urgency — duties of BRPs at resumed meeting (revise plan or terminate under s153(5)).
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12 December 2025 |
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Client who admitted debt and part‑paid cannot insist on taxation without particularising disputed items.
Attorney and client — taxation of bill of costs — client who admitted indebtedness and part‑paid loses ordinary right to insist on taxation unless disputes are particularised; untaxed bill not determinative in Rule 6 final‑relief proceedings; LPC Code of Conduct does not displace common‑law position.
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11 December 2025 |
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Whether the state is vicariously liable for a police officer's killing and limits on a struck‑out defence.
Delict – Vicarious liability of the state for a police officer’s fatal shooting; struck‑out defence — limited right to cross‑examine; allocation of default‑judgment matters requiring viva voce evidence; assessment of damages for loss of support and emotional shock; foreseeability and failure to take reasonable steps when re‑issuing service firearms.
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11 December 2025 |
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A liquidator’s wrongful unilateral deduction of occupational rental was not contempt absent proof of wilful mala fides.
Contempt of court – civil (ex facie curiae) – requirement that breach be wilful and mala fide – honest but mistaken belief negates mala fides; Liquidator/receiver – liquidation and distribution account – unilateral deduction of occupational rental where contract records occupational rental as N/A; Eviction/POPIA/PIE proceedings – withholding net proceeds pending vacant possession; Appropriate remedy: committal v review.
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11 December 2025 |
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Leave to appeal refused where applicants failed to establish a loan agreement; attorney-and-client costs awarded.
Contract formation — essentialia: agreement on consequences, intention to be legally bound, awareness of agreement — company resolutions and post-payment attorney letter insufficient to prove consensus; Interpretation (Endumeni) cannot substitute for absence of contractual elements; Motion proceedings inappropriate where there is a material dispute of fact; Plascon-Evans inapplicable where applicant’s papers disclose no cause of action; Attorney-and-client costs (including two counsel) justified for baseless proceedings and abuse of process.
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11 December 2025 |
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A company must be court‑represented by an attorney; arbitration referral did not bar liquidation where undisputed capital claim and status issues excluded from arbitration.
Company litigation — representation — company must be represented by legal practitioner with right of audience; Arbitration Act — stay of proceedings properly sought under s6, may be raised late; Arbitration Act s2(b) excludes status matters from arbitration; Acknowledgment of debt preserving prior agreements/sureties may leave a capital claim sufficient to ground liquidation.
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11 December 2025 |
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Defendant negligent for unsafe right turn; plaintiff contributorily negligent; liability apportioned 70% defendant, 30% plaintiff.
Motor vehicle collision — Right-hand turn across traffic — Duty to keep proper lookout — Contributory negligence — Credibility and objective evidence — Apportionment of liability 70%/30%.
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10 December 2025 |
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Execution pending appeal under section 18 requires exceptional circumstances plus proof no irreparable harm will be suffered by occupiers.
Property law / PIE eviction — section 18(3) execution pending appeal — cumulative requirements: exceptional circumstances; irreparable harm to applicant; proof that respondents will not suffer irreparable harm — admission of further evidence on appeal — de bonis propriis costs for wasted hearing attendance.
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10 December 2025 |
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Interpleader with disputed ownership and contested trust validity must proceed to oral evidence under Rule 58(6)(c).
Interpleader — Uniform Rule 58 — Rule 58(6)(c) referral to oral evidence where material factual disputes exist; Rule 58(5) barring order available to applicant only; ownership of attached movables v incorporeal shares; rebuttable presumption of ownership from possession; validity and formation of trusts in execution context.
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10 December 2025 |