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Citation
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Judgment date
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| 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 |
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High Court will not enforce another court’s order absent good and sufficient reasons; application dismissed.
Contempt of court; jurisdiction — High Court’s inherent jurisdiction to enforce another court’s order; s 106 Magistrates’ Courts Act; requirement of good and sufficient reasons; civil v criminal committal; declaratory relief.
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10 December 2025 |
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Third urgent application struck for lack of urgency; one-day payment delay did not impeach full-and-final consent order.
Urgency — self-created indebtedness; Consent order — full and final settlement; one-day banking delay not material; abuse of process — repeated urgent applications; costs awarded on party-and-party scale B.
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10 December 2025 |
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Court suspended execution of mortgaged property demolished for safety, allowing time to pursue third‑party claims and equitable resolution.
Mortgage bonds – Default judgment – Rule 46A and s26 constitutional protection of the home – Execution of demolished property – Suspension of execution to permit investigation of third‑party claims and equitable resolution – Reserve price for sale in execution.
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10 December 2025 |
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Arrest held lawful on reasonable suspicion, but detention beyond statutory period unlawful—R150,000 awarded.
Criminal procedure — Arrest without warrant — s 40(1)(b) CPA — objective reasonable suspicion; Detention — s 50 CPA — 48‑hour rule — unlawful continued detention; Quantum for unlawful detention.
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10 December 2025 |
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Interpreter miscommunication and failure to consider material facts led court to set aside refugee decisions and remit for reconsideration.
Refugee law; administrative law (PAJA) — condonation for late review; interpreter/miscommunication at RSDO interview; failure to address material averments; review and setting aside of RSDO and SCRA decisions; remittal for reconsideration; costs awarded to applicant.
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9 December 2025 |
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A late notice of intention to defend filed on the eve of a default hearing justified an attorney-and-client punitive costs order.
Civil procedure – default judgment – Rule 19(5) late notice of intention to defend – abuse of process – punitive costs (attorney-and-client) – costs to include expert and counsel fees.
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9 December 2025 |
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Review application filed outside PAJA's 180‑day limit; no condonation or reasons, so leave to appeal refused with costs.
Administrative law — Promotion of Administrative Justice Act s7(1) — 180‑day time limit for review of administrative decisions — condonation for late filing — Superior Courts Act s17(1)(a) — leave to appeal requires reasonable prospects of success or compelling reasons.
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9 December 2025 |
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A respondent’s reliance on an arbitration clause can constitute a bona fide defence, entitling it to leave to defend.
Arbitration clause – Special plea in summary judgment – Documents annexed to special plea can disclose an arbitrable dispute – Bona fide defence – Leave to defend granted – Arbitration Act s 3(2)(b).
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8 December 2025 |
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Provisional sequestration granted where respondent’s written admission of inability to pay and available assets suggested benefit to creditors.
Insolvency Act — provisional sequestration — requisites: liquidated claim, act of insolvency or factual insolvency, and reason to believe sequestration will advantage creditors; s8(g) written admission of inability to pay constitutes act of insolvency; s8(e) arrangement to be released requires clear offer to be released wholly/partially; advantage to creditors may be inferred from unencumbered property and potential assets investigable by trustee.
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8 December 2025 |
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Final sequestration confirmed after respondent’s written admission of insolvency and undisputed liquidated claim by the creditor.
Insolvency — act of insolvency — written admission of inability to pay constitutes act of insolvency under s 8(e)/(g) of Insolvency Act; sequestration — requirements for final sequestration satisfied where creditor holds undisputed liquidated claim; procedural — challenge to attorney’s power of attorney must be raised under rule 7 and deponent need not personally be authorised.
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8 December 2025 |
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Leave to appeal granted against finding that bundled credit-life cover sold to vulnerable consumers was unreasonable and unlawful.
National Credit Act – Sections 106, 90 and 91 – Bundled credit-life insurance – Disability and retrenchment cover sold to consumers unable to claim – Unreasonable contractual terms and unreasonable claims procedure – Cross-subsidisation defence — Limits on raising unpleaded 2017 Credit Life Regulations on appeal – Leave to appeal under s17(1)(a)(ii) Superior Courts Act due to public interest.
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8 December 2025 |
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Leave to appeal granted against finding that bundled credit life cover sold to vulnerable consumers was unreasonable.
National Credit Act — bundled credit life insurance — disability and retrenchment cover sold to vulnerable consumers — unreasonableness of compulsory cover and claims procedure — contravention of ss 106, 90(1)(2), 91(1)(2) — 2017 Credit Life Regulations not relied on in Tribunal — cross-subsidisation rejected — leave to appeal granted under s17(1)(a)(ii).
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8 December 2025 |
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Final winding-up granted where lease debt proved and counterclaim for improvements contractually excluded.
Companies Act s345 – Winding-up for inability to pay debts; validity of lease where representative initialled pages and signed at end; Badenhorst/bona fide dispute principle; counterclaim for improvements contractually excluded by lease clause; discretion to refuse winding-up narrowly confined.
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8 December 2025 |
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A loan tied to future project funding held payable despite funding delays; provisional liquidation of the debtor ordered.
Companies Act – s344(f) winding-up for inability to pay – contract interpretation of suspensive condition vs tacit term – Badenhorst bona fide dispute threshold – s345 demand – provisional liquidation preserving potential survival of mining right.
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8 December 2025 |
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Internal, unpublished departmental memoranda lack external legal effect; contractors must exhaust NEC3 adjudication and settled claims are barred.
Administrative law — "administrative action" — internal departmental memoranda — requirement of external/public communication for legal effect; Contract law — NEC3 dispute-resolution — certification, adjudication and finality of adjudicator awards; Settlement/compromise — estoppel by accord and satisfaction; Procedural — failure to exhaust contractual remedies and failure to establish clear right for mandatory relief.
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8 December 2025 |
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Provisional sequestration dismissed because the respondent bona fide and reasonably disputed the alleged debt.
Insolvency Act s10 – provisional sequestration – requirement of a creditor’s claim – bona fide and reasonable dispute (Badenhorst rule) – Plascon-Evans application of disputes in motion proceedings – inference of insolvency rebutted by asset valuations – advantage to creditors speculative – potential abuse of process where parallel action pending.
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5 December 2025 |
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Interim maintenance application dismissed due to undisclosed prior agreements and factual disputes; respondent’s concessions incorporated.
Family law – Rule 43 maintenance pendente lite – prior Rule 43 order and signed settlement not disclosed – substantial disputes of fact – Rule 43 unsuitable where oral evidence required – interim maintenance limited to respondent’s admissions – costs: each party to pay own.
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5 December 2025 |
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Court refers contested customary‑marriage registration motion to trial, applying Plascon‑Evans and Room Hire; one confirmatory affidavit excluded.
Civil procedure – motion proceedings v action proceedings – Plascon-Evans application of test – referral to trial for oral evidence (Room Hire) – admissibility of confirmatory affidavit signed before main affidavit – Recognition of Customary Marriages Act s4(7) (application for registration).
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5 December 2025 |
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Exception upheld as to humiliation claim and employer liability partially, while assault and defamation claims stand; amendment permitted.
Delict — assault and dignitary harms — defamation — requirements for publication and meaning — exceptions — rules on pleadings: distinguishing conclusions from pleaded facta probanda — vicarious liability: requirement to plead connection to course and scope of employment — amendment allowed.
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5 December 2025 |
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Applicant failed to establish prima facie right to interim reinstatement amid disputed registered shareholding.
Companies Act s71 – removal of directors; share register (s50(4)) and share certificate (s49) as proof of shareholder rights; interim interdict requirements (prima facie right open to some doubt); director's right to make representations (in person or by representative), not an absolute right to legal representation; costs — attorney-and-client for hearing days for procedural non-compliance.
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5 December 2025 |
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Court awarded R60,000 for unlawful arrest and detention as solatium; interest and costs on Scale A.
Delict — Unlawful arrest and detention — assessment of quantum — solatium for deprivation of liberty — factors: duration, manner of arrest, humiliation, personal circumstances — reliance on Mahlangu, Tyulu, Olga, Diljan — costs on Scale A.
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5 December 2025 |
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Warrantless arrest lawful where cumulative medical and identification evidence gave reasonable suspicion under s 40(1)(b).
Criminal procedure – arrest without warrant – s 40(1)(b) CPA – objective reasonable suspicion; Schedule 1 offence (rape) involving a minor; J88 medical evidence and victim identification as cumulative grounds for lawful arrest; availability of alternative processes not determinative; absolution from instance on malicious prosecution claim.
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5 December 2025 |
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Whether the plaintiff must identify specific discovered documents relied upon for an amendment, permitting inspection under Rule 35(12).
Civil procedure – Rule 35(12) – production of documents referred to in affidavits or pleadings – implied references suffice; discovery bundles – obligation to identify specific documents relied upon – Commercial Court case management and fairness; bona fides of amendment applications.
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5 December 2025 |
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Provisional sequestration granted where body corporate proved unpaid levy debt, nulla bona and reasonable prospect of benefit to creditors.
Insolvency law – provisional sequestration – proof of unpaid debt (minimum R100) – nulla bona return as act of insolvency (s 8(b) Insolvency Act) – benefit to creditors – body corporate levies.
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4 December 2025 |
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High Court dismissed review of marriage registration because Regional Court divorce proceedings raised the same issues (lis alibi pendens).
Administrative law – review of Home Affairs’ registration of a marriage; lis alibi pendens – pending divorce in Regional Court; Regional Court jurisdiction (s29(1B) Magistrates' Courts Act); forum appropriateness; viva voce evidence vs review on affidavit.
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4 December 2025 |
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A late business rescue application suspends liquidation proceedings unless abuse is proven; adjournment and costs awarded per tender.
Companies Act s131(6) — business rescue application suspends liquidation proceedings — alleged abuse of process — timing and merits relevant but abuse must be proved — adjournment sine die — costs on attorney-and-client scale following a tender.
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4 December 2025 |
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Informal-earner’s uncorroborated income evidence can suffice; apply higher contingency rather than refuse loss-of-earnings award.
Delict — proof of loss of earnings by informal sector claimant — weight of uncorroborated oral evidence — joint minutes of experts binding — application of contingency to address evidentiary uncertainty — award of future medical expenses and loss of earnings.
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4 December 2025 |
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Condonation and reinstatement refused where appellants wilfully defaulted and failed to establish a bona fide defence.
Civil procedure – rescission of default judgment – requirements: reasonable explanation and bona fide defence – wilful default fatal – role of documentary evidence and admissions; condonation and reinstatement of lapsed appeal refused; National Credit Act not applicable to pleaded transaction.
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4 December 2025 |
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Summary judgment granted: written rental agreements enforceable; alleged misrepresentations and software charges do not defeat contract or State liability.
Contract law — summary judgment — need to disclose bona fide defence; vendor‑introduced finance structures and cession enforceability; written agreements prevail over alleged pre‑contractual representations; acceleration clauses and agreed interest (prime + 6%) enforceable; software charges from separate donation arrangement not part of rental obligations; State liability under s 60(1)(a) of the Schools Act for contractual loss arising from school activities.
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4 December 2025 |
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Final liquidation ordered: commercial insolvency established; bank’s termination lawful; counterclaim dismissed with costs.
Company law – Winding‑up for commercial insolvency; s345 deeming provisions; factual solvency vs commercial insolvency; abuse of process; bona fide dispute in liquidation; interpretation of demand and cancellation rights; contractual interpretation (Endumeni; Cool Ideas).
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4 December 2025 |
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State organs must coordinate and act to remove xenophobic vigilante blockades denying access to public healthcare.
Constitutional and statutory duties to ensure access to healthcare – removal of barriers to socio-economic rights (s 27) – National Health Act oversight obligations – municipal service-level agreement does not absolve provincial/national responsibility – police duty to prevent and investigate vigilante blockades (s 205(3)) – interim structural interdict to secure access to public clinics – separation of powers and National Treasury distinction (compelling state to act, not restraining powers).
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4 December 2025 |
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An on‑demand guarantee created a primary obligation enforceable on demand; respondents failed to raise a bona fide dispute, warranting final liquidation.
Companies law – Winding‑up – s345(1)(a) and (c) – On‑demand guarantees – Primary independent obligations enforceable on compliant written demand – Notarial bond perfection does not effect payment – Badenhorst bona fide dispute test – Admissibility of bank records and certificates.
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3 December 2025 |
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Leave to appeal a default final winding‑up order refused: such orders are ordinarily not appealable and no prospects of success shown.
Civil procedure — Liquidation — Final winding‑up order granted by default/unopposed — Appealability: default orders ordinarily not appealable as they are rescindable — Rescission under rule 42(1)(a) or common law — Leave to appeal under s 17(1) Superior Courts Act: reasonable prospects and compelling circumstances required — Costs de bonis propriis against director.
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3 December 2025 |
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Court allowed the State to re-open its case to admit crucial co-accused evidence, prioritising justice over finality.
Criminal procedure — re-opening State’s case after closure — requirements: reasonably sufficient explanation; prima facie likelihood of truth; material relevance — balancing finality and substantial justice — corruption charges (POCCA ss10(b), 3(b)) — s174 discharge — s158(2)(a) closed-circuit testimony.
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3 December 2025 |
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Appeal dismissed as moot; no practical effect and interests of justice do not warrant deciding spoliation merits.
Civil procedure – mootness – appeal dismissed where decision would have no practical effect; spoliation and electricity supply – fact specific; interests of justice exception not engaged.
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2 December 2025 |
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Court admits inquest and s112 evidence, convicts two officers for murder on common‑purpose findings, acquits one for lack of association.
Criminal law — Common purpose — Requirements and application; Admissibility — incomplete inquest records and inquest testimony; Right to silence — consequences of failure to testify when prima facie case established; Section 112 plea statement admissibility; Section 174 discharge test.
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2 December 2025 |
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Rescission refused: applicant represented, discovery default upheld, fraud unproven; costs awarded attorney-and-own-client.
Civil procedure – Rescission (Rule 42(1)(a) and common law) – striking out for discovery non‑compliance – order not grantable where applicant was represented – fraud allegations unproven – rescission not a substitute for appeal – costs on attorney-and-own-client scale.
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1 December 2025 |