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Citation
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Judgment date
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| October 2025 |
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Summary judgment refused: respondent’s pleaded termination/estoppel defence raises triable factual issues; claimed sum not liquidated.
Civil procedure – Summary judgment (Rule 32) – Liquidated claim – amount must be ascertainable ex facie document; failure to particularise months and constituent charges renders claim not liquidated; factual dispute as to mutual termination and estoppel requires viva voce evidence; leave to defend granted.
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20 October 2025 |
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Court ordered municipal account corrections and attorney‑and‑client costs after municipality failed to justify erroneous rebate and meter charges.
Municipal billing – pensioner rebate entitlement – failure to apply and unexplained account credits; water meter allocation/duplication – improper charging from meter not on property; procedural irregularities – answering affidavit deposed by legal advisor without personal knowledge; inadmissible un‑explained document uploads; application of Plascon‑Evans and Wightman principles; costs awarded on attorney‑and‑client scale.
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20 October 2025 |
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Summary judgment granted where respondent failed to show a bona fide defence to cession and s129 non-compliance allegations.
Civil procedure – Summary judgment under Rule 32 – defendant must disclose bona fide defence. National Credit Act – s129 notice – proof of registered dispatch and track-and-trace to correct post office sufficient. Cession – debtor may not challenge valid cession to which he is not a party. Evidence – uncorroborated allegations of settlement insufficient to raise triable issue. Remedies – cancellation of instalment sale, return of vehicle, retention of payments, costs on attorney-and-client scale.
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20 October 2025 |
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Ex parte urgent application to suspend a section 417 inquiry dismissed for failure to give respondents notice.
Urgent procedure – ex parte applications – requirement to give notice unless justified – alleged threat insufficient where not relied upon at hearing – Section 417 Companies Act inquiry – dismissal of unnotified urgent application.
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20 October 2025 |
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Leave to appeal refused where unchallenged factual findings and the stringent standard for overturning oral findings left no prospects of success.
Leave to appeal — prospects of success — unchallenged factual findings after oral evidence — appellate standard: interference only if trial court clearly wrong; costs of leave application limited to respondents' disbursements.
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17 October 2025 |
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Two withdrawals of an indefinite refugee status were unlawful where the decision-maker failed to consider representations and was functus officio.
Refugee law – Withdrawal of refugee status – Procedural fairness – Failure to consider written representations – Functus officio – Review and setting aside of administrative decisions – Remedy: certification as indefinite refugee and costs on attorney-and-own-client scale.
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17 October 2025 |
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Trial postponed where parties failed to be trial‑ready and an interlocutory Rule 43(6) cost application was improperly raised from the bar.
Family law — divorce — trial readiness; Consolidated Practice Directives — joint practice note, pre‑trial conference, properly prefixed/indexed trial bundles; Rule 43(6) — contribution to legal costs — procedural requirements; Interlocutory applications — not to be made from the bar without prior order/papers; Service of subpoenas duces tecum — reasonable notice and effects on trial readiness; Costs — discretion and reservation pending trial finalisation.
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16 October 2025 |
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Statutory disciplinary decisions are administrative action under PAJA; no reasonable prospects that a common-law review or different interpretation would succeed.
• Administrative law – PAJA applicability – disciplinary/appeal boards constituted by statute ordinarily take decisions amounting to administrative action.
• Judicial procedure – mero motu raising of points of law – court may raise clear legal issues apparent on the papers where necessary to apply the law correctly.
• Civil procedure – interpretation of orders – phrase 'in toto' construed in context to mean all grounds of appeal upheld; costs decision deliberate and explained.
• Review procedure – no residual common-law review where PAJA applies absent persuasive authority or exceptional circumstances.
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15 October 2025 |
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Provisional sequestration granted after debtor’s written admission of inability to pay and creditor’s prima facie claim established.
Insolvency — Insolvency Act s8(g) (act of insolvency) — written admission of inability to pay — provisional sequestration under s10 — creditor’s certificate of balance as prima facie evidence — advantage to creditors where debtor holds company directorships/shareholdings.
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15 October 2025 |
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Final liquidation ordered where unpaid contractual debt and unanswered demand established respondent’s inability to pay and was unrebutted.
Company law – winding‑up – inability to pay debts – s 344(f) and s 345(1)(c) Companies Act 61 of 1973 – unanswered demand as prima facie evidence of inability to pay. Civil procedure – jurisdiction – local seat of Gauteng Division (Johannesburg) – ministerial determination and concurrent jurisdiction. Evidentiary burden – respondent required to rebut prima facie case with cogent evidence; unsupported averments insufficient. Costs – application costs to be costs in the liquidation.
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15 October 2025 |
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Court reduced experts’ private-rate medical estimate and exercised discretion on actuarial loss, awarding R1,850,000.
Damages — quantum assessment — medical expenses: private versus public healthcare rates; general damages assessment; actuarial reports as guides where unrelated dismissal affects loss calculations; judicial discretion to adjust expert figures; costs for medico-legal reports ordered.
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15 October 2025 |
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Police failed to justify shooting at a vehicle under s.49; use of deadly force held unlawful and State liable.
Criminal Procedure Act s.49 — use of force in effecting arrest; justification and onus; necessity and proportionality of deadly force; credibility and reconstruction of police evidence; vicarious liability of State for unlawful police shootings.
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13 October 2025 |
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A Rule 30 challenge to an appeal was dismissed for lack of demonstrated prejudice; Full Court should decide appealability and leave issues.
Special Tribunals – appeals – appealability of Tribunal orders pending determination of consequential remedies; interplay with s8(7) SIU Act and Tribunal Rules. Procedure – Uniform Rule 30 – limits of Rule 30 to challenge irregular steps under court rules; potential inappropriateness for challenging statutory appeal steps. Civil procedure – requirement to show prejudice to succeed in a Rule 30 application to set aside a procedural step. Jurisdiction and leave – Full Court is the appropriate forum to determine appealability and whether leave to appeal is required when seized of an appeal.
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13 October 2025 |
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Sequestration of a member requires an unsatisfied company judgment; untaxed costs are not liquid claims; legal representatives referred for investigation.
Companies law – Personal liability company – separate juristic personality; Insolvency – sequestration requires a liquidated claim and an act of insolvency; untaxed costs orders are not liquid claims; Nulla bona return – prima facie proof only if correctly rendered; Legal ethics – misleading affidavits may amount to professional misconduct requiring investigation by the Legal Practice Council.
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13 October 2025 |
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RAF held fully liable; court awarded R1,200,000 general damages and R2,700,343 for past and future earnings loss.
Road Accident Fund – liability for pedestrian struck by unknown vehicle – 100% liability where plaintiff’s version uncontroverted. Evidence – admissibility and reliance on experts’ reports/confirmatory affidavits under Rule 38(2) and s 3(1)(c) LEAA. Quantum – traumatic brain injury and ankle injury sequelae: general damages, future medical costs and loss of earning capacity. Actuarial valuation – acceptance of contingency reductions and present value calculations for past and future earnings loss.
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13 October 2025 |
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In a default RAF claim the court accepted uncontested medical and actuarial evidence and awarded R3,192,895 with a 100% medical undertaking.
Road Accident Fund liability – default judgment procedure – admissibility and sufficiency of Rule 38(2) affidavit evidence; assessment of general damages for brain injury; loss of earning capacity—actuarial valuation and contingencies; section 17(4)(a) undertaking for future medical expenses.
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13 October 2025 |
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Registered-post track-and-trace showing dispatch and notification satisfied NCA s129; rescission refused and costs awarded.
• National Credit Act s129 – requirements for notice by registered mail; track-and-trace evidence and notification by post office.
• Rescission – Rule 42 (judgment erroneously granted) and Rule 31 (good cause).
• Kubyana principles applied: objective proof that notice was sent and post office notification generally suffices.
• Domicilium/choice of postal service – form should not defeat substantive compliance.
• Commissioning technicality does not automatically invalidate affidavit.
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10 October 2025 |
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Compelling SENS publication refused where urgent application lacked full disclosure and constituted abuse of court process.
Urgent relief — SENS publication — price-sensitive information — duty of full and frank disclosure in urgent applications — internal remedies (Financial Services Tribunal) — abuse of court process — punitive costs (attorney and client).
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10 October 2025 |
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Court found a valid customary marriage (14 May 2011), declared the later antenuptial and civil marriage invalid, and ordered divorce, asset division, child and spousal maintenance.
Family law – Recognition of Customary Marriages Act – validity of customary marriage where lobolo negotiations, umembeso and umbondo were performed; consent and communal rites established. Matrimonial property – customary marriage defaults to community of property and profit and loss; postnuptial alteration requires judicial oversight; antenuptial contract executed post-ceremony invalid. Relief – decree of divorce, division of joint estate; appointment of receiver/liquidator. Children – parental responsibilities and rights awarded jointly; primary residence to mother; child maintenance ordered R25,000 per child. Spousal maintenance – claimant established need; award of R67,167 per month, escalated by CPI. Costs – successful party awarded costs, with specific apportionment.
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10 October 2025 |
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Court adjourned applicant's conversion application, prioritising creditor majority and ongoing sale prospects over immediate liquidation.
Companies Act s132(2)(a) — conversion of business rescue to liquidation — court discretion; prolonged business rescue and BRP conduct as grounds for conversion; weight to be given to majority creditors' wishes; misjoinder of related companies; non-joinder of creditors reserved for later determination; adjournment under s347(1) to permit finalisation of prospective sale.
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10 October 2025 |
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Urgent application struck off for self‑created delay and failure to prove irreparable prejudice pending ordinary review.
Urgent applications — self‑created urgency — requirement to explain delays and show inability to obtain substantial redress at a hearing in due course — interim interdict — failure to prove irreparable financial prejudice — sporting disciplinary review.
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9 October 2025 |
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Leave to appeal dismissed: contempt order upheld for non-compliance with prisoner study access, laptop and internet orders.
Contempt — enforcement of court orders for prisoner study access — availability of functional laptop and internet — leave to appeal — urgency and prejudice — rescission application does not automatically stay execution — execution at maximum security prison — consideration of affidavits and court record management (Caselines).
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8 October 2025 |
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Application to stay magistrate’s execution dismissed for lack of urgency, procedural non-compliance, and improper reliance on section 173.
Urgency — self-created urgency and non-compliance with Practice Directives; Res judicata — no final order made; Lis pendens — different causes of action/relief; Section 173 — not triggered absent demonstrated procedural gap; Procedural defects and incorrect case number not condoned.
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8 October 2025 |
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Interlocutory discovery orders are not appealable absent exceptional 'interests of justice' circumstances; commercial sensitivity insufficient.
Civil procedure – interlocutory discovery orders – appealability – Zweni test – 'interests of justice' exception – commercial confidentiality not a general bar to discovery – Continental Ore distinguished as prematurity.
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7 October 2025 |
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Applicant failed to establish urgency or the required elements for an interim interdict to stay eviction execution.
Civil procedure — urgency — self-created urgency; interim interdict — requirements (prima facie right, irreparable harm, balance of convenience); stay of execution pending rescission — additional requirements; lease law — cancellation in writing defeats prima facie right to occupy.
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7 October 2025 |
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Leave to appeal dismissed: Rule 43 orders non‑appealable; applicant failed to show reasonable prospects; costs awarded.
Rule 43 — Contribution towards matrimonial costs — Appealability — Section 16(3) Superior Courts Act; Leave to appeal — Section 17(1)(a) SC Act — heightened threshold: reasonable prospect of success required; Interim orders — Rule 43(6) variation mechanism; Costs — attorney-and-client; de bonis propriis not warranted absent egregious conduct.
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7 October 2025 |
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Urgent defamation relief granted: Facebook posts found defamatory; deletion, apology, interdict and costs ordered.
Defamation — social media publications — truth, public interest, fair comment and reasonable publication defences — urgency and continuing wrongful acts — Rule 6(5)(e) supplementary affidavits — deletion, interdict and apology as remedies — costs awarded.
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7 October 2025 |
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Provisional sentence granted: payment plan and accommodation are liquid documents; NCA does not render them unenforceable.
Provisional sentence – liquid document – acknowledgement of debt and accommodation of payment – requirements for liquidity – distinction between compromise/novation and rescheduling – application of National Credit Act – incidental credit (late-payment charges) not a credit agreement – admission of further affidavits in provisional sentence proceedings.
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7 October 2025 |
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Court allowed respondent to file a late further affidavit in liquidation proceedings, prioritising fairness and prejudice.
Companies law – winding‑up/liquidation application – application for leave to file further affidavit – discretionary relief governed by factors (reason for lateness, materiality, risk of tailoring, balance of prejudice, stage of litigation, costs, finality) – fairness and prejudice determinative – tender to pay not equivalent to payment – potential voidable preference to be determined at main hearing.
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7 October 2025 |
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A municipality’s unexplained delay resolving a properly raised dispute cannot indefinitely suspend prescription; disputed back‑charges prescribed.
Prescription — municipal debt — whether s 102(2) Systems Act or municipal credit‑control policy suspends or postpones prescription; prolonged unexplained delay in resolving a properly raised dispute cannot indefinitely suspend prescription. Tacit acknowledgement — payment of current consumption charges does not equate to acknowledgment of disputed back‑charges. Municipal account reconciliation and crediting urgent‑order payment. Onus — debtor proves prima facie prescription; burden shifts to creditor to prove interruption or suspension.
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6 October 2025 |
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Leave to appeal refused against interlocutory refusal to strike out; adverse costs ordered for abusive conduct.
Civil procedure – Leave to appeal – Interlocutory order refusing to strike out defence – generally not appealable absent exceptional circumstances; application must show reasonable prospects under s17(1) Superior Courts Act. Civil procedure – Rule 21 notice – reliance must be on notice before the court; inability to rely on a notice not in founding papers undermines strike-out application. Costs – abusive or disrespectful conduct towards the court may justify an increased adverse costs order (Scale C).
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6 October 2025 |
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Leave to appeal refused: applicant failed to show reasonable prospects or compelling reasons; ordered to pay costs on Scale C.
Leave to appeal — heightened test for reasonable prospects of success — section 17(1) Superior Courts Act — applicant failed to show appeal would succeed — no compelling reasons to grant leave — costs follow result; costs of counsel on Scale C.
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6 October 2025 |
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Rescission refused: initials on uploaded, witnessed surety and audit trail establish a valid signed surety; no bona fide defence or fraud shown.
• Civil procedure – rescission of summary and default judgments – requirements for rescission: fraud, iustus error, or good cause and bona fide defence under Rule 31(2)(b).
• Contract/suretyship – signature requirement (General Law Amendment Act s6) – initials can amount to signature when context and evidence support intention to be bound.
• Electronic evidence – audit trail and uploaded signed documents corroborating execution of deed of suretyship.
• Practice – condonation for late rescission applications dependent on prospects of success; costs awarded attorney-and-client scale.
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6 October 2025 |
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Summary judgment refused where plaintiff failed to address defendant’s amended plea, breaching Rule 32(2)(b).
Civil procedure – Summary judgment – Applicant relying on original short special plea while defendant filed particulars and a fuller plea – Failure to address amended plea breaches Rule 32(2)(b) – Leave to defend granted; costs awarded against applicant (Scale A).
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6 October 2025 |
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Summary judgment refused where respondents raised a bona fide defence that hired IT equipment was decommissioned and not as agreed.
Civil procedure – Summary judgment – bona fide defence – allegation that hired IT equipment was not as agreed and had been decommissioned – detailed affidavit and serial-number references raising genuine disputes of fact – summary judgment refused; leave to defend granted.
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6 October 2025 |
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A fraud-based defence as to identity and nature of the contract raised a triable issue, so summary judgment against the guarantor was refused.
Civil procedure – Summary judgment – application for summary judgment against guarantor – whether plea and opposing affidavit disclose a bona fide defence and triable issue. Contract law – Misrepresentation/fraud – allegations that agreement induced by fraud as to identity and nature of contract defeat summary judgment. Guarantees – enforcement against guarantor suspended where triable issues exist on inducement by fraud.
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6 October 2025 |
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Sale in execution cancelled where purchaser failed to furnish a valid bank guarantee; deposit retained in trust pending loss quantification.
Rule 46(11) – cancellation of sale in execution; Conditions of Sale – requirement for bank guarantees; loan pre-approvals v valid bank guarantees; sheriff’s discretion to grant extension; retention of purchaser’s deposit in trust pending quantification of loss; costs – party-and-party scale.
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6 October 2025 |
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Substantial compliance with RAF claim formalities upheld; plaintiff succeeds on merits and awarded R6,592,708 with funds preserved in trust.
Road Accident Fund Act – claim form compliance – substantial compliance with section 17 requirements suffices; technical defects do not defeat a bona fide claim. Evidence – admission of expert reports (Rule 38(2)) and use of hospital records (Rule 35(9)) – provisional admission pending proof of underlying records. Delict – causation and passenger standard – passenger claimant requires minimal negligence; medical evidence established nexus between collision and severe neurological and abdominal injuries. Quantum – assessment of loss of earnings, future care and medical costs; life‑expectancy reduction and contingency deductions considered. Preservation of funds – appointment of trust/curator for a severely disabled minor; protection of award where parents unsuitable.
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6 October 2025 |
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A Rule 43(6) variation fails without material change; limited medical-aid and insurance variations granted and R350,000 ordered for legal costs.
Rule 43(6) – variation of interim maintenance order – material change in circumstances required; full and frank disclosure; interim maintenance and medical aid obligations; contribution to legal costs; trustee distributions not binding on spousal maintenance obligations.
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3 October 2025 |
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Prison head found in civil contempt for wilful non‑compliance with court orders to enable inmate’s study and internet access.
Contempt of court – enforcement of orders against prison officials – prisoner’s right to study and use of personal computing device – denial of charging and internet access as wilful non‑compliance – coercive committal suspended subject to purge.
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3 October 2025 |
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Court dismissed appeal: spoliation proven, exceptional circumstances and irreparable harm established; contrived third‑party occupants not protected by PIE.
• Civil procedure – Superior Courts Act s18(3) – exceptional circumstances and irreparable harm required to uplift suspension of order pending appeal.
• Spoliation – restoration of factual possession where unlawful dispossession occurred; narrow enquiry into factual possession and dispossession.
• Prospects of success on appeal – relevant to weight in irreparable harm enquiry; court’s discretion limited to weighting prospects under s18(3).
• PIE – protection only for bona fide occupiers whose occupation amounts to a 'home'; contrived third‑party occupants do not attract PIE protection.
• Joinder – third parties must have a direct and substantial legal interest to be necessary parties.
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2 October 2025 |
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Summary judgment granted for unpaid sign‑on and relocation repayments; alleged pension, tax and unpleaded incentive set-offs rejected.
Contract – sign-on bonus and relocation allowance repayable if employment ends within 36 months; Summary judgment – requirement of a bona fide defence; Set-off – indebtedness must be due, payable and liquidated; Contingent third‑party tax liabilities cannot be set off absent payment or legal obligation; Pleading rules – defences not pleaded cannot be raised in opposing affidavit.
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2 October 2025 |
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Summary judgment refused where prescription and the genuineness of the respondent’s defence raised triable issues; extraneous documents struck out.
Procedure – Summary judgment (Rule 32) – Plaintiff may not rely on documents/evidence not set out in particulars of claim; Rule 6(15) strike-out – exclusion of irrelevant affidavit material; Prescription – s 12(3) Prescription Act, knowledge of debt and triable issue as to when prescription commenced; Locus standi – director may sue for company; Cancellation – not prerequisite where fraudulent misrepresentation alleged; Genuine defence and leave to defend.
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1 October 2025 |
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Leave to appeal refused as applicant failed to show reasonable prospects of success or other compelling reasons under section 17.
Civil procedure – Leave to appeal – Section 17 Superior Courts Act – leave only where reasonable prospects of success or other compelling reasons exist. Prescription – special plea separated for stated case – dismissal of plea upheld for purposes of leave application. Appeals – no conflicting authority or extraordinary circumstances – leave refused. Costs – unsuccessful leave application ordered against applicant.
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1 October 2025 |
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Severe upper‑limb injuries found to be serious, plaintiff rendered functionally unemployable; RAF defaulted and draft order granted.
* Road Accident Fund – serious injury – Narrative Test – whole person impairment (64%) qualifies for general damages. Default judgment principles (Baliso) – acceptance of unopposed factual and expert allegations. Determination of future loss of earning capacity (Kerridge) – comparison of pre‑ and post‑accident earning capacity and actuarial valuation. Section 17(4)(a) RAF Act – undertaking for future medical expenses. |
1 October 2025 |
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Whether the applicant proved permanent traumatic brain injury and consequential loss of earning capacity against the respondent RAF.
Road Accident Fund – delictual claim for damages – loss of earning capacity of a minor – traumatic brain injury and permanent neurocognitive deficits. Default trial / Rule 38(2) – evidence on quantum – admissibility of expert reports where no application made to admit them. Damages – need for special schooling, lifelong medical monitoring; actuarial valuation and contingency considerations.
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1 October 2025 |
| 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 |