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Citation
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Judgment date
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| October 2022 |
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A notice of exception filed within the five-day notice-of-bar period is a permissible response and not an irregular step.
* Civil procedure – Rule 23(1)(a) – Notice of intention to except – Whether a notice of exception served in response to a notice of bar is an irregular step.
* Civil procedure – Notice of bar – Bar takes effect only after lapse of five-day period; filing a permissible pleading within that period prevents the bar.
* Pleadings – Purpose of exception is to crystallize issues where pleadings are vague and embarrassing; notice of exception is a proper response to a notice of bar.
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20 October 2022 |
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Review dismissed where applicant failed to file the record of proceedings, rendering meaningful review impossible.
Administrative law — Review of refugee status refusal; requirement to file full record/Rule 53 for review; procedural fairness/audi; PAJA and principle of legality not determined due to absent record; failure to substantiatematerials; costs — no order.
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20 October 2022 |
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A regulator’s benchmarking guideline for municipal tariffs was declared unlawful for failing to ensure cost‑reflective tariffs under section 15(1) ERA.
Electricity regulation – tariff methodology – Guideline and Benchmarking Method declared unlawful for failing to ensure cost‑reflective municipal tariffs (s 15(1) ERA and EPP).; Administrative law – PAJA – methodology as guideline/policy lacking direct external legal effect; constitutional review under principle of legality competent.; Separation of powers – legality review by courts does not usurp regulator’s functions.; Relief – declaration of invalidity suspended 12 months; prohibition effective 2024/2025; costs awarded (two counsel).
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20 October 2022 |
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Leave to appeal granted where court found reasonable prospects another court may reach a different conclusion.
Application for leave to appeal — test: reasonable prospects that another court may come to a different conclusion — leave granted to Full Court — costs of application to be costs in the appeal.
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19 October 2022 |
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Interim interdict granted to preserve disputed property pending trial amid business rescue, bondholder and statutory subdivision disputes.
Property law – interim interdict to preserve land pending action – prima facie right, irreparable harm and balance of convenience; Business rescue – BRP duties to creditors vs. third-party proprietary claims; Transfer of immovable property – abstract theory, real agreement and possible rectification/restitution; Alienation of Land Act and Subdivision of Land Act considerations; Prescription and estoppel defenses on interim application.
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18 October 2022 |
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An incomplete memorandum dependent on an unsigned addendum cannot justify specific performance against the respondent.
Contract law – formation and certainty: memorandum dependent on unsigned addendum; incompleteness and vagueness fatal to contract; agreement-to-negotiate unenforceable; specific performance unavailable; arbitration clause and prematurity of litigation; condonation granted (Melane).
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17 October 2022 |
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Suretyships upheld; consolidation agreement not void ab initio; judgment for plaintiff with execution against sureties’ properties.
Suretyship enforceability; suspensive conditions and contract interpretation; principal-debtor admissions binding sureties; proof of claim and dividends in insolvency bind third-party sureties; Certificate of Balance and conversion to simple interest; execution against mortgaged properties.
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17 October 2022 |
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Applicant failed to show grounds for rescission; complaint amounted to a merits challenge and declaratory relief was refused.
Administrative law – rescission – Rule 42(1)(a),(b),(c) and common-law rescission – requirements for rescission where party was not cited; Review vs appeal – distinction between procedural defect warranting rescission and merits challenge; Joinder – non-joinder of municipal administrator not necessary where municipality represented; Judicial bias – disclosure and objective test for recusal; Declaratory relief – requirement for cogent factual basis.
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17 October 2022 |
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17 October 2022 |
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Court corrected a patent clerical error, substituting "costs in the appeal" for "with costs" under Rule 42(1)(b).
Rule 42(1)(b) – correction of patent clerical errors in judgments; costs — distinction between "with costs" and "costs in the appeal"; leave to appeal — amendment of order by consent.
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14 October 2022 |
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Leave to appeal an eviction order granted where court found a reasonable prospect another court would differ.
Appeal — leave to appeal — section 17(1) Superior Courts Act — elevated threshold: reasonable prospect another court will differ — failure to specify s17 ground noted but not fatal — leave to appeal granted with costs in the appeal.
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14 October 2022 |
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Section 48 preserves acting judges’ authority for pending proceedings; s18(3) execution pending appeal was properly ordered and appeal dismissed.
Superior Courts Act s18(3),(4) and s48 – powers of acting judge post-appointment – procedural compliance with directives and answering affidavit – requirement to record immediate reasons under s18(4)(i) – test for execution pending appeal (irreparable harm, balance of probabilities, exceptional circumstances).
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14 October 2022 |
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Court dismissed broad application for disclosure and ancillary relief, upholding misjoinder/non‑joinder and awarding attorney‑and‑client costs.
* Civil procedure — interlocutory relief — limits of court intervention in part‑heard trials — merits and case management belong to trial court.
* Civil procedure — joinder — non‑joinder where third parties have direct and substantial interest; relief affecting main action cannot be granted without joinder.
* Legal ethics/public policy — briefed advocate should not be compelled to attest affidavits or give evidence for or against client; dual roles undesirable.
* Procedure — vagueness and embarrassing pleadings — relief unsupported by facts liable to be dismissed.
* Security for costs and damages — security orders and damages claims are not properly pursued in this interlocutory application; abuse of court.
* Costs — where application is vexatious/abusive, costs may be awarded on attorney‑and‑client scale.
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14 October 2022 |
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A late, unexplained postponement of an SCA-ordered provisional winding-up was refused as not bona fide.
Company law – provisional winding-up – return date – application for postponement; Postponement principles – bona fides, timeousness, full and satisfactory explanation, prejudice and balance of convenience; Failure to show prospects of success or to particularise disputed indebtedness; Blame on prior attorneys insufficient; Costs on attorney-and-client scale including two counsel where postponement not bona fide.
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14 October 2022 |
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14 October 2022 |
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Amended judgment obtained in chambers rescinded due to procedural irregularities and absence of notice to the applicant.
Rule 42(1)(a) and (b) – Rescission and variation of orders – Order erroneously granted in absence of affected party; ambiguity, patent error or omission; rectification of judgment; procedural irregularities (non-enrolment, failure to upload to CaseLines, deficient service/notice); common law rescission; discretion to rescind; costs awarded.
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14 October 2022 |
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14 October 2022 |
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13 October 2022 |
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A Rule 38 subpoena issued unilaterally in application proceedings is irregular; Rule 35(13) governs discovery.
* Civil procedure — Subpoena duces tecum — Use in application proceedings — Rule 38 relates to securing witness attendance for trial and not to unilateral document procurement in applications.
* Civil procedure — Discovery in application proceedings — Rule 35(13) provides appropriate mechanism.
* Civil procedure — Irregular step — Party may not issue Rule 38 subpoena in application proceedings without court's permission.
* Costs — Costs follow the result; no punitive costs order warranted.
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13 October 2022 |
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Court corrected a material factual error under Rule 42(1)(a) and granted applicants leave to appeal, costs to be costs in the appeal.
* Civil procedure – Uniform Rule 42(1)(a) – Court’s inherent/administrative power to vary or correct its judgment mero motu to remedy material errors of fact.
* Appeal – Leave to appeal – Section 17(1)(a)(i) Superior Courts Act – requirement of reasonable prospects of success.
* Procedural fairness – consideration of filed heads of argument and effect of omission on judicial decision-making.
* Costs – leave application costs to be costs in the appeal.
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13 October 2022 |
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Whether the applicant’s guarantee policies fell under short-term insurance and whether the Tribunal’s penalties were reviewable.
* Financial services – guarantee policies – characterization as short-term insurance versus suretyship under the National Credit Act; registration obligations. * Administrative penalties – review for rationality, proportionality and consideration of statutory factors. * Regulatory enforcement – cooperation with regulator and consequences of misleading or incomplete disclosures.
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13 October 2022 |
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Divorce granted for irretrievable breakdown; applicant awarded primary care; joint estate equally divided; maintenance referred.
* Family law – Divorce – irretrievable breakdown – cohabitation lapse and failure of counselling as evidence of breakdown.
* Family law – Care and contact – primary residence awarded to applicant; detailed contact regime following Family Advocate recommendations.
* Matrimonial property – marriage in community of property – equal division of joint estate ordered.
* Maintenance – referral to Maintenance Court; interim child maintenance ordered.
* Costs – unsuccessful recusal application; respondent ordered to pay applicant's costs on attorney-and-client scale.
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13 October 2022 |
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12 October 2022 |
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12 October 2022 |
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Summary judgment postponed due to inadequate notification and prejudice to defendant and Rule 13 third party.
Civil procedure – Summary judgment v default judgment – nature and differences; Rule 13 third‑party joinder – effect of service and notice of intention to defend; requirement to notify set down and prejudice from insufficient notice; defendant not in default where plea and opposing affidavit filed.
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11 October 2022 |
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Spoliation order granted to restore possession of truck, trailer and diesel seized in self-help after fraud.
Spoliation (mandament van spolie) – possession sufficient; title irrelevant – unlawful self-help; urgency; refusal to accept conditional tender; attorney-and-client costs.
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11 October 2022 |
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Applicant granted interim interdict preventing tenant removing disputed buildings pending ownership action.
Lease interpretation – distinction between 'structures' and 'installations/equipment' – interim interdict to preserve disputed fixtures pending action; expert technical affidavit cannot determine legal question of whether structures form part of land; requirements for interim relief: prima facie right, irreparable harm, balance of convenience.
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10 October 2022 |
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The respondent is fully liable where the applicant was thrown from a moving train through open doors; intervening attack did not break causation.
Delict – railway operator’s duty of care – leaving train doors open while in motion constitutes negligence; causation – criminal attack and victim’s defence not novus actus interveniens; contributory negligence not established.
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10 October 2022 |
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A medical scheme may not fund prescribed minimum benefits from a member's medical savings account or day-to-day benefits.
* Medical schemes – Prescribed Minimum Benefits (PMBs) – funding – whether PMBs may be funded from member medical savings account/day-to-day benefits – Regulation 8 and Regulation 10(6).
* Interpretation of scheme rules – Rule 17.5 (no limitations on PMBs) cannot permit diversion of PMB funding to MSA.
* Contracting out statutory protections – cannot be achieved implicitly where statute protects weaker parties.
* Administrative law – review under PAJA – whether the Appeal Board's decision was one a reasonable decision-maker could reach.
* Tacit acceptance – member's lack of knowledge precludes acquiescence to unlawful deduction from MSA.
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10 October 2022 |
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Anton Piller relief refused where applicant failed to establish urgency, possession of documents, or real risk of destruction.
* Anton Piller orders — strict prerequisites: prima facie cause, specified documents in respondent’s possession, real risk of destruction. * Urgency — must show absence of substantial redress in due course. * Confidential internal investigations and independent contractor status may preclude compelled disclosure. * Anton Piller relief inappropriate where primary aim is to obtain material for a defamation action; no fishing expeditions.
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10 October 2022 |
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Applicant failed to prove urgency for an urgent hearing of a monetary claim alleging attorney misappropriation; matter struck off with costs.
Civil procedure – urgency – Rule 6(12) – applicant must show inability to obtain substantial redress in due course; monetary claim alone not sufficient; material disputes of fact and procedural defects justify striking matter from urgent roll.
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10 October 2022 |
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Store liable for slip due to inadequate warnings and lack of handrails; contributory negligence not proved.
Premises liability; negligence – duty to customers; adequacy of warning signs; failure to install handrails; factual and legal causation (but-for and remoteness); contributory negligence (carrying of goods).
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10 October 2022 |
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Decision refusing s31(2)(b) permanent residence exemption set aside and remitted for reconsideration; interim stay on deportation.
Immigration — s31(2)(b) exemptions — review under PAJA — adequacy of reasons, relevance of considerations and reasonableness of administrative decision; remittal appropriate where decision-maker failed to apply law to facts; interim relief permitting residence pending review.
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9 October 2022 |
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Rescission refused where applicant wilfully defaulted by failing to brief counsel; best interests and set-off provisions upheld.
* Civil procedure – rescission of judgment – Rule 42 inapplicable where judgment not erroneously granted – common-law rescission requires reasonable explanation for default, bona fides and prima facie defence. * Wilful default – failure to brief counsel and sending an unauthorised representative. * Child law – best interests considered; trust and case-manager provisions and set-off between duplicate orders. * Costs – ordinary scale awarded; punitive costs refused.
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8 October 2022 |
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Appellant BRP’s reckless conduct justified a personal costs order; new evidence on appeal was refused.
Companies Act – business rescue practitioner’s duties and standards of conduct; admission of new evidence on appeal – De Aguiar requirements; costs de bonis propriis against BRP – discretionary review and standards for appellate interference.
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7 October 2022 |
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Court granted final winding up where a loan recorded in the company accounts was not bona fide disputed and shareholder deadlock existed.
* Company law – winding up – final winding-up where indebtedness is recorded and not bona fide disputed; Badenhorst test applied. * Company v partnership – factual characterisation of corporate arrangements and the consequences for remedies. * Evidence – weight of financial statements and signed notes to accounts in proving indebtedness. * Just and equitable grounds – shareholder deadlock and breakdown of trust as basis for liquidation.
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7 October 2022 |
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Holistic visual comparison held MK1 and Polygon designs infringe registered vehicle-bar designs; MK2 sufficiently different, not infringing.
Design law – omnibus definitive statement – scope of protection to be assessed holistically; aesthetic designs judged by the eye of the ordinary purchaser; prior art may narrow monopoly but does not permit dissecting components; infringement found where accused designs are not substantially different to ordinary observer; remedies: interdict, destruction, enquiry into damages or reasonable royalties, costs (apportioned).
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7 October 2022 |
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An applicant not party to a settlement order cannot stay separate PIE eviction proceedings; urgent relief refused and costs awarded.
* Civil procedure – urgency – self-created urgency and court’s discretion to hear urgent matters despite delay. * Eviction – PIE Act – whether pending review of prior settlement order stays separate eviction proceedings. * Locus standi – non-party to settlement order cannot rely on that order to stay eviction. * Remedies – appropriateness of SAHRC/Tribunal intervention and court-ordered interim rental.
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7 October 2022 |
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Leave to appeal dismissed: no realistic prospects; injunction properly interpreted and statements/renewal notice found not to justify appeal.
* Appeal – leave to appeal – section 17(1) Superior Courts Act – realistic prospects of success required
* Interpretation of orders – contextual approach per Endumeni; injunction not to be read in isolation
* Trade union rights – scope of lawful communication with members and government
* Misleading statements – falsity of blanket assertions about representation rights
* Coercion – renewal notices do not constitute coercion to cancel union membership
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7 October 2022 |
Nonprofit Organisation Act 71 of 1997 (NPO Act) – objects and functioning of Act explained – Church as a registered Nonprofit Organisation – functioning thereof in accordance with the requirements of the NPO Act and with directives issued in terms thereof – leadership and control of church – general meeting – election of board – role of intermediary/administrator – interim relief leaving church without legitimate leadership refused – declaratory order granted
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6 October 2022 |
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Termination of an estate agent’s mandate was declared unlawful, but the executrix was not removed for lack of risk to estate administration.
* Administration of estates – agency mandate – validity of principal's revocation of agent's mandate – when termination can be impugned. * Removal of executor – s 54(1)(a)(v) – removal requires showing administration of estate imperilled, not mere disagreement. * Civil procedure – motion proceedings – application of Plascon-Evans to disputes of fact on affidavits. * Costs – de bonis propriis/attorney-and-own-client punitive costs require exceptional circumstances; otherwise costs follow the cause.
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6 October 2022 |
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Court ordered section 21 temporary firearm authorisations and awarded costs after respondents failed to process licence applications timeously.
Administrative law – delay in processing firearm licence applications – applicants entitled to interim relief; Firearms Control Act s 21 – issuance of temporary authorisations to mitigate prejudice; exclusion/postponement of relief for firearms alleged defective or destroyed; conditions preserving regulatory oversight; costs following non-compliance.
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6 October 2022 |
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Security for costs application dismissed: respondent failed to show applicant was peregrinus or that litigation was vexatious.
Rule 47 — security for costs; peregrinus v incola — security generally for peregrinus; incola only if litigation vexatious or abuse of process; applicant must show probability of inability to pay; balancing exercise per Giddey NO; procedural non-compliance (Rule 41A) insufficient to order security where vexatiousness not established.
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6 October 2022 |
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Applicant, treated as a de facto director, failed to show entitlement to a Fidelity Fund Certificate; refusal upheld.
* Legal Practice Act (ss 84–87) and Rules (47, 49, 54) – Fidelity Fund Certificate – requirements for issuance – applicant’s compliance and respondent’s satisfaction under s85(6)(a).
* Company/director status – de facto director treated as de jure director – duties and liabilities regarding trust accounts.
* Administrative law – PAJA review – alleged bias, ulterior purpose, error of law – insufficient to set aside decision.
* Trust accounts – curator bonis, disputed audit reports and ongoing litigation justify caution in issuing fidelity certificates.
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6 October 2022 |
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Whether a warrantless arrest was lawful under s40(1)(a) given prima facie documentary and affidavit evidence of an offence.
Criminal procedure — Arrest without warrant — s40(1)(a) Criminal Procedure Act — requirement of prima facie grounds based on facts known to arresting officer; evaluation of documentary evidence (affidavit, invoices, weighbridge tickets) versus oral denials; vicarious liability claim against Minister of Police for alleged unlawful arrest.
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6 October 2022 |
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EA for a gas power plant upheld despite technical challenges, but public participation failures (isiZulu notices) required corrective orders.
* Environmental law — NEMA/EIA process — scope of assessment for an EA for works within State boundary — upstream lifecycle GHGs may be assessed in linked EA applications. * Administrative law — adequacy of EIA reports — climate change, cumulative impacts, water and wetland offset assessments. * Procedural law — public participation — language accessibility (isiZulu) material to meaningful participation; remedial measures may be ordered without setting aside authorization.
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6 October 2022 |
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Summary judgment dismissed where creditor failed to terminate debt review under s86(10) and consumer was not in default.
National Credit Act s86(10) – debt review termination – creditor may terminate only where consumer in default for required period; notice in terms of s86(10) required; amendment prohibits termination once matter is before court/Tribunal; Collett v First Rand Bank Ltd applied; failure to comply renders enforcement proceedings premature.
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6 October 2022 |
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Plaintiff’s claim disclosed a cause of action but apartheid-era regulatory impediments made it unenforceable; exception upheld.
Currency and Exchanges Act / Regulation 4(c) – special restricted accounts – Ministerial determinations on interest, repayment manner and conditions – effect of repeal of apartheid-era regulatory policy – requirement to seek declaratory or review relief before enforcing historical claims – exception for lack of cause of action.
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6 October 2022 |
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The applicant obtained a final interdict preventing respondents publishing a classified SSA intelligence report and ordered return of copies.
* State security – classification of intelligence material – ‘secret’ classification; * Protection of Information Act s4 – unlawful possession and disclosure; * PAIA and constitutional right of access – limits and public‑interest exception; * Judicial inspection (‘judicial peek’) of classified documents; * Interim ex parte relief – urgency and abuse of process; * Final interdict and return of copies; * Costs follow result.
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5 October 2022 |
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A civil marriage contracted during the subsistence of a customary marriage is void ab initio; registration and divorce directions issued.
* Recognition of Customary Marriages Act – validity of customary marriage despite non-registration – section 4(9).
* Prohibition on contracting civil marriage during subsistence of customary marriage – section 3(2) – civil marriage void ab initio.
* Remedies – registration of customary marriage; Minister authorised to register in absence of spouse; requirement for divorce by court to dissolve customary marriage.
* Constitutional and dignity considerations where subsequent marriage contracted without first spouse's knowledge or consent (Mayelane principles).
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4 October 2022 |