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Citation
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Judgment date
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| December 2018 |
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21 December 2018 |
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21 December 2018 |
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19 December 2018 |
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19 December 2018 |
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19 December 2018 |
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18 December 2018 |
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17 December 2018 |
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14 December 2018 |
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14 December 2018 |
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14 December 2018 |
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14 December 2018 |
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14 December 2018 |
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Reported
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13 December 2018 |
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Reported
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12 December 2018 |
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11 December 2018 |
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Reported
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11 December 2018 |
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Possession conviction confirmed; declaration of firearm-unfitness under s103 was ultra vires and set aside.
Criminal procedure – section 112(2) admission may suffice to support conviction without forensic analysis; Firearm Control Act s103(1)(j)–(k) apply to abuse/dealing, not mere possession – declaration of unfitness under s103 in respect of possession is ultra vires and reviewable; Special review – court may set aside irregular orders even where trial magistrate concedes oversight.
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10 December 2018 |
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A Rule 43 maintenance order may be enforced pending appeal where exceptional circumstances and irreparable harm to the respondent are shown.
Superior Courts Act s18(3) – suspension of decision pending appeal – exceptional circumstances required; irreparable harm test – balance of convenience – Rule 43 interim maintenance – survivability post-divorce – admission of further evidence on appeal – criteria for remittal or admission; punitive/attorney-and-client costs where litigant conduct reprehensible and record not filed.
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10 December 2018 |
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Amendment allowed where alleged vagueness is cureable by further particulars; respondent’s exception dismissed.
Civil procedure – pleadings – amendment of particulars of claim – amendments generally allowed unless mala fide or causing irremediable prejudice. Civil procedure – exception for vagueness and embarrassment – excipient bears onus to prove vagueness amounting to embarrassment and prejudice
Pleadings – lack of particularity curable by Rule 21 requests for further particulars; not automatically excipiable
Rules of Court – Rule 21 and Rule 23 interplay in challenges to pleadings
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7 December 2018 |
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Commercial bribery by a contractor and project director rendered contracts rescindable; plaintiff recovered deposit but not full claimed restitution.
Commercial bribery – elements and consequences – bribe, agent, influence, secret benefit – contracts induced by commercial bribery voidable at instance of innocent party
Proof – balance of probabilities, corroboration by documents and transactions, evidentiary weight of later admissions. Restitution on rescission – general rule of tender, equitable exceptions where restoration impossible; plaintiff bears onus to prove quantum of unjust enrichment or overpayment. Directors' liability – new Companies Act (section 76/77) provides remedies to company, not third-party claims against directors; cannot use section to make director personally liable to third-party creditor in these circumstances. Withdrawal of claims after trial onset – court has discretion and may refuse where withdrawal would be unjust or prejudicial
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4 December 2018 |
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An attorney holding purchase funds in trust must refund them when failing to effect transfer; interest governed by Attorneys Admission Act.
Trust accounts — attorney holding purchase monies in trust — fiduciary duty to account and repay where mandate not executed; revocation of mandate; Attorneys Admission Act s 78(1)–(3) — interest on trust funds payable via Law Society; misjoinder and pleading defects dismissed; attorney-and-client costs and referral to Law Society.
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3 December 2018 |
| November 2018 |
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28 November 2018 |
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27 November 2018 |
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Reported
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23 November 2018 |
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Plaintiff who knowingly jumped between adjacent trains assumed the risk; rail operator not liable for his injury.
Delict — negligence and duty of care of rail operator to passengers; evidence and onus to prove breach; volenti non fit injuria — voluntary assumption of risk where passenger knowingly moved between trains; forceful opening of train doors by passengers — impact on operator liability.
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23 November 2018 |
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23 November 2018 |
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Reported
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22 November 2018 |
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Eviction rendered moot by vacation; court awarded attorney-and-client costs against the respondent for dilatory conduct.
Eviction — application rendered moot by voluntary vacation; costs — discretion and enforcement of contractual costs clauses; punitive costs (attorney-and-client) justified for dilatory, unmeritorious opposition; pacta sunt servanda and absence of exceptional circumstances.
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9 November 2018 |
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9 November 2018 |
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9 November 2018 |
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9 November 2018 |
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9 November 2018 |
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9 November 2018 |
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Reported
Ministerial permissions for mining in a protected environment set aside for procedural unfairness and improper exercise of statutory discretion.
Environmental law — Permission to conduct mining in a declared protected environment — Interpretation of s48(1)(b) and s48(4) NEMPAA: ministers act as trustees and must apply a strict measure of scrutiny and consider NEMA s2 principles and local community interests; PAJA ss3 & 4 procedural fairness and public participation mandatory unless justifiably departed from; reliance on other authorisations without independent consideration impermissible; decisions set aside and remitted with directions to await final appeals and an approved management plan.
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8 November 2018 |
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6 November 2018 |
| October 2018 |
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31 October 2018 |
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Registered owner may evict occupier despite prior unperformed sale; earlier purchaser lacks remedy absent purchaser’s knowledge.
Eviction – PIE Act – whether occupier is unlawful occupier where prior contract of sale exists; effect of subsequent transfer and registration; specific performance versus real right of ownership; improvement lien – evidentiary requirements; rei vindicatio against registered owner.
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31 October 2018 |
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31 October 2018 |
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31 October 2018 |
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Individual members lack standing to enforce accounting; court ordered Director‑General to convene CPA general meeting.
Communal Property Associations Act – CPA is a juristic person; accounting obligations in consent order are to the Association (via attorneys), not individual members – locus standi; Director‑General’s role under the Act and consent order – court may grant mandamus to convene general meeting and compile membership register; enforcement remedies in civil contempt proceedings – declaratory/mandamus relief appropriate; costs – adverse consequences for respondents' failure to comply with practice directions.
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31 October 2018 |
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Winding-up application dismissed because the debtor bona fide and reasonably disputed the homeowners association’s levy claim.
Companies law — Winding-up — creditor’s claim disputed on bona fide and reasonable grounds — Badenhorst rule — winding-up inappropriate to enforce disputed debts; Homeowners association levies — potential application of Conventional Penalties Act; Interest charges — compliance with Prescribed Rate of Interest Act.
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31 October 2018 |
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30 October 2018 |
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26 October 2018 |
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24 October 2018 |
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19 October 2018 |
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18 October 2018 |
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17 October 2018 |
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15 October 2018 |
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12 October 2018 |
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12 October 2018 |