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Citation
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Judgment date
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| August 2025 |
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Plaintiff succeeded in claims for damages, restoration costs, and municipal charges after defendant's unlawful occupation of commercial premises.
Lease – Breach of lease – Unlawful holding over – Damages – Loss of rental income – Restoration costs – Liability for municipal charges – Onus of proof and quantification – Expert valuation and surveyor evidence – Unopposed claim – Costs.
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20 August 2025 |
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An appeal against a murder sentence was dismissed where aggravating factors and gender-based violence justified a higher term.
Criminal law – sentencing – murder – appeal against sentence – first offender – aggravating circumstances – gender-based violence – minimum sentence in terms of s51(2) of Act 105 of 1997 – judicial discretion – appellant’s personal circumstances – proportionality of sentence – circumstances justifying departure from minimum sentence.
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20 August 2025 |
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Leave to appeal in a final winding up matter refused due to absence of reasonable prospects of success under section 17.
Civil procedure – Leave to appeal – Reasonable prospects of success – Section 17 of Superior Courts Act 10 of 2013 – Winding up proceedings – Stringent test for leave to appeal applied – Application dismissed for lack of prospects.
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20 August 2025 |
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Application to set aside property transfer and claim ownership dismissed due to material factual disputes unsuitable for motion proceedings.
Civil procedure – Motion proceedings – Disputes of fact – Suitability of resolving property and succession disputes on papers – Wills and testacy – Conversion of leasehold to ownership under the Conversion Act.
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19 August 2025 |
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Court upheld clawback clauses in football contract, rejecting claims of constructive dismissal, discrimination and lack of jurisdiction.
Sports law – Football coach contracts – Clawback clauses – Jurisdiction of court versus sports dispute resolution bodies – Contractual interpretation – Enforceability of clawback clauses – Public policy and constitutional invalidity – Discrimination – Freedom of contract – Constructive dismissal – Pacta sunt servanda.
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19 August 2025 |
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A contractual claim for training services succeeded where the plaintiff proved performance, with quantum reduced to match actual learners trained.
Contract law – services contract – claim for balance of contract price – defences of non-performance and misrepresentation – assessment of performance – reduction of claim based on actual services rendered – award of contractual interest and costs.
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19 August 2025 |
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Application for leave to appeal refused where allegations of fraud were inadequately supported and annexures not properly referenced.
Civil procedure – Applications – Interim interdict – Prima facie right – Allegation of fraud – Requirement to identify evidence in affidavits – Reference to annexes without specificity insufficient – Leave to appeal refused.
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19 August 2025 |
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Liquidation of an insolvent housing association granted; protections against homelessness for occupiers apply under eviction legislation.
Insolvency – winding-up – companies – locus standi of creditor – commercial and factual insolvency – just and equitable grounds – housing rights and risk of homelessness – effect of liquidation on occupiers – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act protections – joinder of government departments – Companies Act procedure.
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19 August 2025 |
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An owner successfully vindicated her vehicle after it was withheld for alleged storage fees unsupported by contract or valid lien.
Rei vindicatio – Motor vehicle – Owner’s right to possession – No valid storage or repair agreement – Cession agreement between respondents not binding on owner – Lien for storage costs not established – Hearsay evidence insufficient to establish debt.
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18 August 2025 |
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Urgent reconsideration of an ex parte order allowed; owner entitled to rei vindicatio and punitive costs.
Civil procedure – Urgent reconsideration of ex parte orders – Reconsideration may be enrolled urgently without meeting ordinary objective urgency if not unduly delayed. Property – Movables – Rei vindicatio – Owner entitled to immediate recovery where respondent concedes unlawful possession. Costs – punitive costs (attorney and client) and costs de bonis propriis – appropriate where opposing party obtained ex parte relief and persisted in vexatious costs claims despite conceding merits.
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18 August 2025 |
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Interim prohibition of relocation of minor children, supervised contact with mother, and urgent educational and therapeutic interventions ordered pending final hearing.
Family law – urgent application – relocation of minor children – best interests of the child – supervision and restoration of parent-child relationship – educational welfare – appointment of Parenting Coordinator – supervised parental contact – mental health and trauma of minor children.
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18 August 2025 |
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Where service on a co-owner and co-debtor is found inadequate, a court will not grant judgment until proper notice is effected.
Civil procedure – service – substituted service – requirements for proper service on absent co-owner/co-debtor – effect of inadequate service – joint and several liability – default judgment removed from roll due to improper service.
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15 August 2025 |
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On secession from its parent church, a theological seminary’s property reverted to the church’s leadership under a constitutional clause.
Ecclesiastical law – secession – effect of secession by religious training institution – reversion of property to parent church – interpretation of church constitution – prescription of claims arising from organisational secession.
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15 August 2025 |
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Appeal on murder conviction, unlawful possession of firearm, and common purpose; substituted conviction for assault GBH; mens rea and indictment requirements addressed.
Criminal law – Murder – Self-defence – Direct intent versus dolus eventualis – Unlawful possession of firearm – Mens rea – Common purpose – Requirements for indictment – Competent verdicts – Section 258 Criminal Procedure Act – Appeal – Substitution of conviction and sentence for assault GBH.
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15 August 2025 |
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A respondent's mere denial or alternative terms, absent a factual dispute or bona fide defence, cannot defeat summary judgment for unpaid invoices.
Civil procedure – summary judgment – onus on respondent to disclose bona fide defence – mere denial or alternative terms insufficient – unpaid invoices for goods sold and delivered – summary judgment granted for debt, interest, and costs.
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15 August 2025 |
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Business rescue proceedings commenced during pending liquidation proceedings are not a nullity until set aside by court order.
Company law — Business rescue — Business rescue proceedings initiated after commencement of liquidation proceedings — Validity of resolution adopted contrary to s129(2)(a) of Companies Act — Whether such resolution a nullity or must be set aside by court under s130 — Rights and remedies of BRP and affected persons — Interpretation of statutory scheme; justice and equity.
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15 August 2025 |
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A plaintiff succeeded in a wrongful arrest claim where the police failed to establish a reasonable suspicion before arresting him.
Unlawful arrest and detention – Requirements for valid warrantless arrest – Reasonable suspicion – Malicious prosecution – Absence of malice – Damages for wrongful deprivation of liberty.
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15 August 2025 |
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Summary judgment granted for equipment rental financiers; defendants’ contextual and misrepresentation defences rejected as not triable or sustainable.
Summary judgment – equipment rental agreements – contractual interpretation – parol evidence rule – misrepresentation and cancellation – disclaimers and inspection clauses – cession of remedies – locus standi – enrichment counterclaim – triable issues.
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15 August 2025 |
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Where a municipality persists with litigation after respondents' compliance, it may be ordered to pay the respondents' costs.
Civil procedure – costs – zoning contravention – statutory enforcement by municipality – respondents' compliance prior to hearing – whether applicant liable for costs after compliance – unnecessary litigation – discretion of court in costs order.
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14 August 2025 |
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The court dismissed an urgent eviction application as the municipality failed to meet the strict criteria for urgent eviction under the PIE Act.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) – Urgent eviction – Requirements under section 5 – Real and imminent danger – Hardship to applicant vs occupiers – Availability of alternative remedies – Application dismissed for failure to meet statutory thresholds.
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14 August 2025 |
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Application to confirm an urgent rule nisi and enforce judgment dismissed for lack of locus standi and procedural abuse.
Civil procedure – locus standi – execution of judgment – effect of deregistration of close corporation – procedural abuse – lis pendens – setting aside of execution steps – punitive costs
Corporations law – close corporation – deregistration – effect on legal proceedings and judgments.
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14 August 2025 |
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A municipality cannot penalise a property owner for illegal use where valid historical consent for that use still exists and binds it.
Municipal law – Property rates – Lawfulness of penalty rates for alleged illegal land use – Successor municipality bound by predecessor’s planning consents – Unlawful disconnection and enforcement based on erroneous claim of illegal use.
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14 August 2025 |
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Leave to appeal refused where company reinstatement retroactively validated sale to bona fide third party despite alleged asset transfer irregularities.
Company law – Deregistration and reinstatement – Asset revesting – Bona vacantia – Retroactive effect of reinstatement – Third-party purchaser protection – Leave to appeal – Reasonable prospects of success – Section 83(4) of Companies Act – Section 17(1)(a) Superior Courts Act.
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14 August 2025 |
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A past mentor‑mentee or long‑ago professional briefing relationship, without more, does not establish reasonable apprehension of judicial bias.
• Judicial recusal — reasonable apprehension of bias — objective "reasonable apprehension" test (double reasonableness). • Presumption of judicial impartiality; burden on applicant to present cogent evidence. • Past mentor‑mentee or past professional briefing, remote in time and not connected to the litigation, does not ordinarily found reasonable apprehension. • Robust advocacy or absence of judicial reprimand does not, without more, indicate bias.
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14 August 2025 |
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An oral agreement between joint venturers to share recoveries was held personally enforceable based on contextual contract interpretation.
Contract law – interpretation of contract – oral agreement – context and conduct of parties – joint venture – personal versus representative capacity – enforceability of agreements between individuals separate from companies – sharing of recovered proceeds.
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13 August 2025 |
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A court dismissed leave to appeal against a punitive costs order, finding no breach of natural justice or suspension pending appeal.
Civil procedure – leave to appeal – costs order de bonis propriis – abuse of process – audi alteram partem – suspension of orders pending appeal – section 18 of the Superior Courts Act – finality of litigation.
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13 August 2025 |
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Application for leave to appeal against refusal of voluntary surrender dismissed due to lack of prospects of success and procedural non-compliance.
Insolvency – Voluntary surrender – Leave to appeal – Reasonable prospects of success – Compliance with procedural rules – Condonation for late evidence – Uberrimae fides in applications – Disclosure of financial position.
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13 August 2025 |
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Leave to appeal against a damages award for unlawful arrest was refused due to lack of merit and procedural defects.
Civil procedure – application for leave to appeal – factors for granting leave under section 17(1)(a) of the Superior Courts Act – procedural compliance with Rule 49 – unlawful arrest – judicial discretion in damages – punitive costs – abuse of process.
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13 August 2025 |
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Rule 47 security for costs applications are legal proceedings barred by the business rescue moratorium under section 133 without consent or leave.
Company law – Business rescue – Moratorium on legal proceedings – Section 133 of Companies Act – Application for security for costs constitutes 'legal proceedings' – Requirement of consent of business rescue practitioner or court leave before proceeding with application against company in business rescue.
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12 August 2025 |
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A football club’s challenge to an arbitration award imposing points forfeiture for fielding an ineligible player was dismissed.
Sports law – Football – Arbitration – Review of arbitration award – Allegation of exceeding powers and procedural unfairness – Forfeiture of points for fielding ineligible player – Interpretation and application of SAFA Rules – Administrative law review grounds under PAJA – Powers of arbitrator in sports disciplinary matters.
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12 August 2025 |
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A receiver cannot be compelled to transfer trust assets before all liabilities are discharged or properly secured.
Trusts – Court-appointed receiver – Distribution of assets – Whether receiver can be compelled to release trust assets prior to full discharge or security for all liabilities – Receiver’s discretion – Adequacy of guarantees and indemnities – SARS tax liabilities and disputed fees – Early distribution not sanctioned where liabilities unresolved.
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12 August 2025 |
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Application for leave to appeal against the refusal to release restrained funds for legal expenses under POCA dismissed for lack of reasonable prospects.
Criminal law – Prevention of Organised Crime Act – section 26(6) – release of restrained funds for legal expenses – requirements for disclosure – leave to appeal – prospects of success.
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12 August 2025 |
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Leave to appeal was refused where no reasonable prospects of success or novel legal issue were found, with costs awarded against applicants.
Leave to appeal – test for reasonable prospects of success – legal duty of care – whether compelling reason for appeal – costs follow result
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12 August 2025 |
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Contempt application upheld for non-compliance with interdict; punitive attorney-and-client costs awarded for vexatious defence and delay.
Contempt of court – Non-compliance with court-ordered interdict pending appeal – Defamation and withdrawal of petition – Punitive costs – Whether application for leave to appeal suspends operation of order – Vexatious and abusive litigation justifying attorney-and-client costs order.
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11 August 2025 |
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Court orders increased, age-appropriate contact for father pending forensic assessment, prioritizing best interests of minor children.
Family law – Variation of interim contact orders – Material change in circumstances – Best interests of minor children – Implementation of Family Advocate recommendations – Forensic investigation pending – Allegations of parental unfitness – Weight of independent expert evidence.
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11 August 2025 |
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A party who creates their own urgency and disregards court rules cannot obtain urgent relief, regardless of constitutional rights asserted.
Civil procedure – urgent applications – self-created urgency – non-compliance with Rules and Practice Directives – constitutional rights and urgency – costs order against applicants for unwarranted urgent relief.
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9 August 2025 |
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Interim relief granted for maintenance and supervised contact in a divorce dispute involving co-parenting and substance abuse concerns.
Family law – Rule 43 interim relief – divorced parents – interim maintenance for minor child – supervised contact due to substance abuse – appointment of parenting coordinator – best interests of the child – co-parenting – costs of application.
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8 August 2025 |
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A trust account advocate cannot institute RAF claims or sign pleadings alone, regardless of an authorisation letter from the LPC.
Civil procedure – RAF litigation – Signature of pleadings – Uniform Rules of Court Rule 18(1) – Road Accident Fund Act, section 19 – Legal status and powers of trust account advocates – Authority of Legal Practice Council – Limits of Legal Practice Act.
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8 August 2025 |
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Application for final sequestration granted where respondent failed to discharge burden of proof and advantage to creditors was shown.
Insolvency – final sequestration – body corporate creditor – nulla bona return – act of insolvency – full and frank disclosure of financial position – advantage to creditors – discretion to refuse order – punitive costs for litigation misconduct.
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8 August 2025 |
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Applicant’s attempt to reverse an irrevocable transfer of pension benefit conflicted with pension law and was dismissed.
Pension law – Government Employees Pension Law and fund rules – member’s irrevocable election to transfer benefit – ultra vires relief – defined benefit fund cannot receive funds from insurer or reprocess resignation absent employer involvement; condonation for late affidavit granted.
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8 August 2025 |
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Concurrent sentences ordered for related armed robbery convictions due to prior unclear, inconsistent, and disproportionate sentencing.
Criminal law – Sentencing – Robbery with aggravating circumstances – Multiple offences arising from same transaction – Whether sentences should run concurrently – Principle of just and proportionate sentencing – Clarification of ambiguous sentences imposed by trial court.
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8 August 2025 |
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The court granted an application to change a minor child's surname, finding lebola payment irrelevant to the statutory relief sought.
Children – Change of minor’s surname – amendment of birth registration – parental rights and responsibilities – lebola payment and customary marriage irrelevant to surname change application – statutory requirements under Children’s Act considered.
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8 August 2025 |
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Court compels defendants to provide strictly necessary further particulars identifying relied proposals, equipment and agreement terms.
Civil procedure – Rule 21(4) further particulars – strict necessity test – parties entitled to know case to meet but not opponent’s evidence; pleadings attachments – must identify specific paragraphs/content relied upon (Swissborough principle); amendment of interlocutory notice permitted if non‑material and no prejudice; identification of disputed equipment and terms of alleged agreements required.
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8 August 2025 |
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Two actions arising from allegedly voidable payments by an insolvent company are consolidated due to overlapping facts and issues.
Civil procedure – consolidation of actions – Rule 11 – convenience and absence of substantial prejudice – setting aside dispositions by insolvent – standing and benefit in voidable dispositions – prescription defence – whether consolidation precludes defences or causes prejudice.
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8 August 2025 |
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The court declared unlawful municipal impoundment of property to enforce outdoor advertising by-laws and granted interdictory relief prohibiting such conduct.
Administrative law – Municipal By-laws – Enforcement – Impoundment of property as mechanism to compel compliance – Lawfulness – Interpretation of By-laws – Doctrine of legality – No provision for impoundment – Proper enforcement limited to compliance notices and prosecution – Declaratory and interdictory relief – Requirements and discretion – Ripeness and mootness considered.
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8 August 2025 |
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Court directs that related urgent, review and condonation applications be heard together to prevent prejudging interlinked issues.
Civil procedure – Urgent application – Review and condonation applications pending – Whether interim interdict has lapsed – Appropriate forum for determination – Joinder of related applications in the interests of justice.
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8 August 2025 |
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Application postponed sine die and to be heard together with related review proceedings before the same judge; costs reserved.
Civil procedure – Postponement – Consolidation of related applications – Costs reserved – Regulatory decisions affecting taxi associations.
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8 August 2025 |
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Court granted an unopposed divorce and made the parties’ settlement agreement an order of court after satisfying legal requirements.
Divorce – Settlement agreement – Unopposed divorce – Requirements for making settlement agreement a court order under s 7(1) of the Divorce Act – Voluntariness, competence, procedural compliance – No objection or opposition by defendant.
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7 August 2025 |
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Eviction based on misappropriated purchase funds fails where a valid sale agreement remains extant and occupation is lawful.
Eviction – lawfulness of occupation – PIE – Extant sale agreement – Full purchase price paid but title not transferred – Lawful occupation persists until valid termination – Misappropriation of funds by conveyancer does not, by itself, render occupation unlawful.
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7 August 2025 |
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Court dismisses summary judgment, finding genuine triable issues regarding contract validity, authority, and alleged corporate misconduct.
Civil procedure – Summary judgment – Defences raising triable issues – Contract validity – Prior exclusive agreements – Authority to contract – Alleged fraud and unlawful conduct – Liquidated damages.
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7 August 2025 |