|
Citation
|
Judgment date
|
| January 2026 |
|
|
Default judgment postponed due to defective section 19(f) affidavit and insufficient evidence to establish liability and causation.
Road Accident Fund claims — procedural compliance with s19(f) — affidavit must be properly commissioned; default judgment prerequisites; admissibility and sufficiency of medical and accident records to establish causation and liability; curable defects and leave to re-enrol.
|
5 January 2026 |
|
Default judgment: RAF liable; future loss of earnings quantified on actuarial evidence; past earnings nil; past medical expenses postponed.
Road Accident Fund — default judgment where defendant failed to plead — Rule 38(2) affidavits — uncontested medico-legal and expert reports — actuarial quantification of future loss of earnings — contingency deductions — past earnings nil — past medical expenses postponed sine die — costs order including expert fees.
|
5 January 2026 |
|
Default judgment: defendant 100% liable; uncontested experts establish future loss of earnings; capital award and party-and-party costs ordered.
Road Accident Fund – default judgment and Rule 38(2) affidavits – uncontested medico-legal and actuarial evidence – quantification of future loss of earnings – contingency deductions – past medical expenses postponed sine die – costs awarded party-and-party.
|
5 January 2026 |
|
Uncontested evidence and strike‑out of plea resulted in 100% RAF liability and R1,092,857 award for lost earnings.
Road Accident Fund — liability of the RAF where insured driver wholly at fault — struck‑out plea and default judgment under Rules 32(1)(b) and 38(2) — prescription defence negated by strike‑out and repeated lodgement — assessment of past and future loss of earnings — application of case‑specific contingency deductions (20% past; 50% future) — referral of general damages to HPSCA — s17(4) undertaking and costs awarded.
|
5 January 2026 |
|
Default judgment awards R2,130,854 for loss of earnings; contingencies increased due to uncertainty and foreign-national status.
Road Accident Fund – default judgment after failure to plead – admission and reliance on medico-legal, occupational and actuarial reports under Rule 38(2) – actuarial quantification of past and future loss of earnings – application of contingency deductions increased for uncertainty and foreign-national status – Section 17(4)(a) undertaking for future medical costs – costs on Scale A.
|
5 January 2026 |
|
Default judgment: defendant 100% liable and ordered to pay R931,643.85 for past and future loss of income.
Road Accident Fund – Default judgment where defendant failed to plead – Hit-and-run collision – Uncontested medico-legal and actuarial evidence – Assessment of past and future loss of earnings – Application of contingency deductions (5% past; 20% pre-accident future; 35% post-accident injured) – Section 17(4)(a) undertaking ordered.
|
5 January 2026 |
|
The defendant is 100% liable and ordered to pay R931,643.85 for the plaintiff’s past and future loss of income.
Road Accident Fund — hit‑and‑run pedestrian collision — default judgment under Rules 32(1)(b) and 38(2) — uncontested medico‑legal and expert evidence — causation and 100% RAF liability — assessment of past and future loss of earnings — contingency deductions (5% past; 20% pre‑accident; 35% post‑accident) — Section 17(4)(a) undertaking for future medical costs.
|
5 January 2026 |
|
Default judgment refused where inconsistent lodgement documents, disordered medical records and delayed accident report undermined liability and causation.
Road Accident Fund; default judgment; proof of negligence and causation; defective/contradictory RAF1 and section 19(f) affidavit; disordered and illegible medical records; delayed/incomplete accident report; leave to cure defects; costs in the cause.
|
5 January 2026 |
|
Evidential deficiencies in the accident report preclude finding liability; plaintiff granted leave to supplement and re-enrol.
Road Accident Fund – reliance on s 19(f) and accident report – evidential deficiencies (missing CAS, OB and capturing numbers; omitted reporting office and inspection officer details; delay in reporting) – onus to prove negligence and causation – leave to supplement evidential record – matter postponed sine die.
|
5 January 2026 |
|
An unconditional demand guarantee is independent of the underlying contract; bank must pay on proper demand, interdict refused.
Performance bonds – demand/guarantee – unconditional demand guarantee independent of underlying contract – guarantor’s limited enquiry obligations – interdict to restrain bank payment is exceptional – failure to refer dispute to AFSA – self-created urgency.
|
2 January 2026 |
| December 2025 |
|
|
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.
|
31 December 2025 |
|
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.
|
31 December 2025 |
|
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.
|
31 December 2025 |
|
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.
|
30 December 2025 |
|
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.
|
29 December 2025 |
|
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.
|
24 December 2025 |
|
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.
|
24 December 2025 |
|
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.
|
23 December 2025 |
|
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.
|
23 December 2025 |
|
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.
|
23 December 2025 |
|
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.
|
22 December 2025 |
|
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.
|
22 December 2025 |
|
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.
|
20 December 2025 |
|
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.
|
19 December 2025 |
|
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
An affidavit lacking the deponent’s signature is invalid; matter struck from the roll with leave to file properly commissioned affidavits.
Procedure – Motion proceedings – Affidavit commissioning – Commissioners of Oaths Act/Uniform Rules – Deponent must sign; commissioner’s signature insufficient – Absence of deponent’s signature fatal – Substantial compliance not available where signature absent – Strike from roll with leave to cure – No order as to costs.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
19 December 2025 |
|
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.
|
18 December 2025 |
|
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.
|
17 December 2025 |
|
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).
|
15 December 2025 |
|
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.
|
15 December 2025 |
|
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.
|
15 December 2025 |
|
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).
|
15 December 2025 |
|
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.
|
15 December 2025 |
|
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.
|
15 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |
|
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.
|
12 December 2025 |