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Citation
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Judgment date
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| November 2022 |
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Applicant failed to establish entitlement to compel the ombud to clarify a final award; application dismissed with costs.
Administrative law; ombud powers – terms of reference; functus officio; mandamus – requirements (clear right, injury, absence of alternative remedy, irreparable harm); interpretation of ombud award and contractual payment clauses; condonation for late affidavits.
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30 November 2022 |
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Court holds the Road Accident Fund 100% liable and awards R8,874,022.70 for severe brain and orthopaedic injuries, with costs and trust directions.
* Road Accident Fund Act s17(1) – liability for bodily injury caused by driving of a motor vehicle – defendant held 100% liable where insured driver negligent and defendant defaulted.
* Civil procedure – default/absence of notice to defend – admission of plaintiff’s affidavit and medico-legal reports under Rule 38(2) to prove liability and quantum.
* Quantum – assessment of loss of earnings (actuarial calculations and contingency deductions) and general damages for severe traumatic brain injury and orthopaedic injuries.
* Section 17(4)(a) undertaking – defendant ordered to furnish undertaking for future medical/hospital costs.
* Protection of funds – court encourages establishment and registration of a trust; interim investment in attorneys’ interest-bearing account permitted.
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30 November 2022 |
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Applicant entitled to preserved half of spouse's pension; respondent bank ordered to pay in terms of the divorce decree.
* Family law – divorce decree – pension interest – preserved pension benefit ordered paid to former spouse – enforcement by declaratory order and mandamus.
* Civil procedure – joinder – bank joined to main application to facilitate payment of preserved funds.
* Remedies – mandamus and declaratory relief available where court order creates clear right and no ordinary remedy exists.
* Interpretation of court orders – final divorce order binding and enforceable; Regional Court functus officio; res judicata.
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30 November 2022 |
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Court awards damages and s17(4)(a) medical undertaking after finding plaintiff suffered serious injuries with 80% liability.
Road Accident Fund — serious injury (RAF4) and narrative test; assessment of general damages; past and future loss of earnings and earning capacity — contingency deductions; apportionment of liability (80/20); section 17(4)(a) undertaking for future medical expenses; costs including expert and counsel fees.
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30 November 2022 |
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Court finds insured driver negligent; RAF 100% liable and awards minor R7,251,930 plus s17(4)(a) medical undertaking.
• Road Accident Fund – liability – motor-vehicle collision involving minor pedestrian – driver’s negligence in residential area – RAF 100% liable.
• Evidence – expert medico-legal, psychological, educational, occupational and actuarial reports admitted on affidavit under Uniform Rule 38(2) – used to assess quantum.
• Quantum – assessment of future loss of earnings (actuarial scenarios, contingencies, RAF cap) and general damages for cognitive and physical sequelae.
• Relief – monetary award; section 17(4)(a) undertaking for future medical/hospital costs; costs on High Court scale; payment and interest provisions.
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30 November 2022 |
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Default judgment cannot be granted while a Rule 30 notice of irregular proceedings is pending; any purported order is recalled.
Civil procedure – default judgment – late delivery of plea – notice of bar and notice of irregular proceedings (Rule 30) – competence to grant default judgment while Rule 30 proceedings pending – withdrawal of Rule 30 notice cannot retrospectively validate earlier order – removal from roll and conditions for re-enrolment.
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30 November 2022 |
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Plaintiff awarded R2,766,851 for loss of earnings; RAF ordered to provide s17(4)(a) undertaking for future medical costs.
* Road Accident Fund – default judgment – RAF conceded liability for proven damages.
* Damages – loss of earnings – medico-legal and actuarial evidence; RAF statutory cap application.
* Contingency deductions – additional deduction warranted where plaintiff voluntarily left secure pre-morbid employment.
* Section 17(4)(a) undertaking – order for 100% future medical/hospital costs.
* General damages – separation and postponement sine die for determination in terms of the Act and Regulations.
* Costs – taxed or agreed party-and-party costs, interest if unpaid after 180 days.
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30 November 2022 |
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Whether the plaintiff’s particulars of claim disclose a cause of action or are too vague and embarrassing to stand.
* Civil procedure – Exception – Vagueness and embarrassment; whether particulars disclose a cause of action.
* Pleadings – Rule 18(4) and (5) – requirement of clear, concise statement of material facts with sufficient particularity.
* Attorney-client/mandate claims – essential averments required for remuneration claims (contract of mandate and terms).
* Remedy – striking out defective particulars of claim with limited leave to amend; costs awarded to excipient.
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30 November 2022 |
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Court awarded future loss and caregiving damages, applied a 30% contingency, and ordered trust protection and a s17 undertaking.
* Road Accident Fund – quantification of future loss of earnings – appropriate contingency deduction (30% applied).
* Valuation of past caregiving – caregiver classification and hourly rate – basic-level caregiving awarded with 15% contingency.
* Application of 70/30 apportionment, RAF Amendment cap considerations, section 17(4)(a) undertaking for future medical costs.
* Protection of award by trust, appointment of trustee and case manager; costs and payment conditions.
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29 November 2022 |
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Applicant awarded R4,829,310 for future loss of earning capacity after actuarial recalculation and expert evidence.
* Road Accident Fund – assessment of future loss of earning capacity for minor after traumatic brain and physical injuries; * Acceptability of expert reports under Uniform Rule 38(2); * Actuarial valuation – application of contingency deductions and RAF Amendment Act cap; * Choice between unemployability and residual earning-capacity scenarios for quantum.
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29 November 2022 |
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Applicant failed to establish grounds for rescission of an order setting aside a sale in execution; application dismissed with costs.
* Civil procedure – rescission of judgment – Rule 31(2)(b) and common law grounds – requirement to show bona fides, good cause and prima facie defence. * Sale in execution – purchaser’s obligations – municipal rates clearance certificate – s118 Municipal Systems Act; purchaser’s liability under deed of sale (clause 9(b)). * Service – effectiveness of service on agent and domicilium; agent’s authority to accept service. * Sheriffs – potential conflict of interest; Code of Conduct. * Procedure – Rule 6(5)(d)(ii) notice for point of law is peremptory; Plascon-Evans standard applied.
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29 November 2022 |
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Supervised contact ordered pending social-worker investigations after father’s positive hair-follicle methamphetamine test.
Children’s Act s55 – appointment of legal representative; Parental responsibilities and rights – supervision of contact; Hair-follicle drug testing as evidence of substance use; Best-interests investigations by social worker; Interim supervised contact pending rehabilitation and investigation.
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29 November 2022 |
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Applicant convicted of murder failed to show exceptional circumstances for bail pending SCA appeal; bail refused.
Criminal procedure – Bail pending appeal – Schedule 5 offence (murder) – s 60(11) onus on accused to show interests of justice on balance of probabilities – medical grounds and special leave to appeal insufficient absent exceptional circumstances; consideration of risk to public, evasion, witness interference and prison disciplinary record.
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29 November 2022 |
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Leave to appeal granted so Full Court can determine whether reconsideration of trial costs may properly be decided on the papers.
Costs — Reconsideration of trial costs — Whether unopposed applications may be decided on the papers — Procedural fairness and opportunity to be heard — Judicial discretion in review of costs orders — Public interest and necessity for Full Court guidance where Rules/tariffs are outdated.
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28 November 2022 |
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Condonation for late statutory notice refused: claim prescribed and section 3(4) requirements not met.
Procedure — Institution of proceedings against organs of state — Section 3(1) notice requirement and s3(4) condonation — three-fold jurisdictional inquiry: non‑prescription, good cause, and absence of unreasonable prejudice; prescription runs from when creditor has material facts; blame of attorney insufficient for good cause.
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28 November 2022 |
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Exception to particulars of claim dismissed: pleadings disclose a cause of action; factual defences to be determined at trial.
Exceptions — Pleadings — test for exception: excipient must show that on every reasonable interpretation no cause of action disclosed; factual disputes (e.g. condition precedent/suspensive or resolutive clause and subsequent conduct) inappropriate for resolution on exception; dismissal of exception does not preclude raising same defence in plea.
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28 November 2022 |
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Consecutive 15-year minimum sentences reduced by ordering ten years concurrent, yielding an effective 20-year term.
Criminal law – Robbery with aggravating circumstances – Minimum sentences under s51(1)(a)(i) and s51(3)(a) Criminal Law Amendment Act 105 of 1997; Cumulative sentences – concurrency vs consecutiveness – application of Muller & Another v S; Sentencing principles – proportionality, cumulative effect, deterrence and rehabilitation; Appropriate adjustment of concurrency to avoid crushing effective sentences.
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28 November 2022 |
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Plaintiff failed to prove defendant’s negligence for injuries from falling from train; claim dismissed with costs.
* Railway/Delict – duty of care to passengers – alleged breach by setting train in motion with doors open or without ensuring safe boarding/disembarkation – credibility and surrounding circumstances crucial to causation and liability.
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28 November 2022 |
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An expired municipal tender cannot be extended post‑expiry without bidders’ timeous consent; awards were set aside as constitutionally invalid.
Public procurement – tender validity period – expiry and extension – an expired tender cannot be resuscitated absent timeous consent by bidders before expiry; procurement must comply with s217 of the Constitution, PPPFA, Municipal Supply Chain Regulations and municipal supply chain policy; material irregularities in evaluation and sequential committee functions can render awards constitutionally invalid; remedial relief may be suspended to protect essential public services and require reconciliations and reporting to oversight bodies.
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26 November 2022 |
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Regulator's approval of municipal tariffs without municipality-specific cost of supply study was unlawful, irrational and set aside.
Administrative law – Judicial review of regulator's tariff approval – NERSA's Guideline and Benchmarking Method is a guideline (not binding); regulator must have municipality-specific cost of supply inputs to set cost-reflective tariffs – failure to consider costs per customer category and potential undue discrimination or cross-subsidisation renders tariff decision irrational and unlawful – appropriate remedy: setting aside and limited remittal with retrospective adjustment for affected applicants.
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25 November 2022 |
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Applicant failed to seek suspension under Rule 45A; sale in execution valid and interdict dismissed.
Rule 45A – suspension of execution – pending applications to rescind/ vary/ review do not automatically stay execution – party seeking suspension must apply under Rule 45A; sale in execution pursuant to unsuspended valid order cannot be interdicted after execution.
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25 November 2022 |
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Leave to appeal refused: defendants’ indirect evidence lacked personal knowledge and failed to show reasonable prospects of success.
Civil procedure – leave to appeal under s17(1) Superior Courts Act – higher threshold: reasonable prospect another court would differ; evidentiary sufficiency – hearsay/indirect evidence versus witness with personal knowledge; failure to produce key witnesses and bank records undermines claim to reduce entitlement.
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25 November 2022 |
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Court ordered a protective trust with an independent trustee to manage a disabled minor's damages; respondent to pay opposition costs.
Protective trust for minor’s damages; curator ad litem report; appointment of independent professional trustee; limitation of trustee powers (no borrowing/encumbering/lending to third parties); trustee to furnish security to Master; costs from damages and punitive costs against obstructive parent; application of The Master of the High Court v Pretoria Society of Advocates.
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25 November 2022 |
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Default judgment: defendant 100% liable for pedestrian's injuries; quantum postponed sine die.
* Delict — Motor vehicle collision involving pedestrian — Onus on plaintiff to prove negligence causing harm — Uncontradicted evidence and police report support plaintiff's version.
* Negligence — Failure to keep proper lookout; breach of legal duty — Application of Kruger v Coetzee and Van Eden tests.
* Procedure — Default judgment on liability where defendant fails to appear; separation of liability and quantum; quantum postponed sine die.
* Contributory negligence — No evidence presented to establish contributory negligence; defendant held 100% liable.
* Costs — Defendant ordered to pay party-and-party costs.
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25 November 2022 |
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Applicants lacked standing to compel accounting or freeze trust assets because they were not beneficiaries or otherwise directly interested.
Trust law – discretionary trusts – members of a class of potential beneficiaries do not acquire beneficiary rights until trustees exercise discretion; locus standi to compel accounting requires an actual interest; former trustees and tenants do not automatically have standing.
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25 November 2022 |
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Motion for payment dismissed: founding affidavit failed to prove contract, quantum and suretyship; privileged negotiations inadmissible.
Civil procedure – motion proceedings – founding affidavit must contain primary factual averments – unsigned quotation and annexures insufficient to prove concluded contract – claim illiquid and not established on papers – suretyship evidence impermissibly raised in reply – without prejudice settlement communications potentially privileged.
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25 November 2022 |
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Summary judgment granted; rectification ordered and defendants' unpleaded defences held not bona fide.
* Civil procedure – Summary judgment – Rule 32 – Defences in opposing affidavit must be consistent with plea and disclose bona fide defences.
* Contract – Rectification – Common mistake – Rectification permissible in summary judgment where written agreement fails to reflect parties' common intention.
* Evidence – Certificate of acceptance and certificate of balance – proof of delivery and indebtedness; authorised administrator's certificate prima facie evidence under contract clause.
* Pleadings – Bare denials do not constitute particulars; new factual defences must be pleaded or notice to amend delivered.
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25 November 2022 |
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Consent order could not be rescinded for unilateral mistake based on the applicant’s own legal advice; application dismissed with punitive costs.
Civil procedure – rescission of consent order – iustus error – unilateral mistake arising from advice of one’s own counsel insufficient absent misrepresentation – compromises carry inherent risk – delay and lack of bona fides fatal to rescission; Plascon‑Evans approach where applicant fails to reply.
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24 November 2022 |
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Applicant awarded R3,129,000.60 for past and future loss of earnings after 10%/20% contingencies and 50% apportionment.
* Road Accident Fund claims – quantum of past and future loss of earnings – reliance on applicant's actuarial calculations subject to court-determined contingencies.
* Contingency deductions – appropriateness of 10% (past) and 20% (future) based on employability and facts.
* Apportionment – agreed 50% reduction applied to calculated loss.
* Costs – respondent liable for costs of quantum including qualifying expert fees and experts' travel/accommodation for trial attendance.
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24 November 2022 |
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Appeal dismissed: expert evidence accepted and State proved unlawful possession of child pornography beyond reasonable doubt.
* Films and Publications Act s24B(1)(a) – unlawful possession of child pornography – proof of images on device and requisite elements. * Expert evidence – admissibility and credibility of expert analysis; defence failure to challenge qualifications. * Appellate review – deference to trial court’s factual findings absent misdirection. * Evidentiary sufficiency – improbability of accused’s alternative explanations.
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24 November 2022 |
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Court may impose s51(1) life sentence where plea discloses common purpose despite charge sheet citing s51(2).
Criminal law – sentencing; Criminal Law Amendment Act s51(1) v s51(2) – sentencing regime not part of substantive charge; plea of guilty and s112(2) admissions; common purpose; right to be informed of charge and sentencing consequences; substantial and compelling circumstances to deviate from prescribed minimum sentence.
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24 November 2022 |
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Application for urgent contempt and review dismissed; matter struck from the urgent roll.
Urgency — contempt proceedings — application for rule nisi not constituting sufficient urgency; Rule 53 record — production by agreement and email; absence of transcript — respondent denies existence; remedies — production application, extensions, postponement, adverse inferences; procedural scheduling — review cannot proceed unopposed where court ordered consolidation with respondent's suspension application.
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23 November 2022 |
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The Military Ombud’s decisions are administrative action reviewable under PAJA; the review was moot due to contract expiry.
Administrative law; Military Ombud Act s13 — review of Ombud decisions; Ombud is an organ of state and its decisions constitute administrative action under PAJA; distinction between PAJA review and principle of legality; mootness where employment contract expired by effluxion of time; remedy practicalities (reinstatement recommendation to Minister).
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23 November 2022 |
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Appeal succeeds: trial court’s adverse credibility finding set aside and respondent ordered to pay 100% of damages.
Road‑traffic negligence; credibility and probabilities in mutually destructive versions; appellate interference with trial court factual findings; condonation for late appeal; RAF liability for collision damages.
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23 November 2022 |
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Serious trust-account mismanagement, misappropriation and non-cooperation rendered the respondent unfit to practise; struck from the roll.
Professional misconduct – Trust-account mismanagement, misappropriation and overreaching – Failure to keep proper accounting records and to cooperate with regulator – Breach of suspension order – Not fit and proper – Striking off and curator bonis powers – Costs on attorney-and-client scale.
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23 November 2022 |
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Plaintiff awarded R7.748m against defendant for past medicals and loss of earnings after amputation and contingencies.
Road Accident Fund – liability admitted/struck out for defendant – past medical expenses proved by medical‑scheme administration – severe injuries including below‑knee amputation – permanent disability and loss of earning capacity – actuarial calculations with contingencies (10% pre‑morbid; 20% post‑morbid) – disability benefit considerations – award of capital sum and party‑and‑party costs.
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23 November 2022 |
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Summary judgment dismissed due to inadmissible hearsay and material discrepancies in the applicant's evidence.
Civil procedure – summary judgment – necessity for founding affidavit to establish personal knowledge of electronic account records; hearsay objections – electronic records and section 15(4) ECTA certificates – admissibility and timing; material discrepancies between particulars of claim and affidavit defeat summary judgment.
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22 November 2022 |
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The defendant held liable for injuries from burnt-cable residue; plaintiff apportioned 20% contributory negligence.
Delict — occupier/occupational control of premises — dangerous condition created by employees burning electrical cables — vicarious liability — negligence and wrongful omission to clean or warn — causation — contributory negligence (20%).
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22 November 2022 |
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Persistent non‑payment and breach of a settlement infer inability to pay, justifying winding up under the Companies Act.
Companies Act s344(f), s345(1)(a)/(c) – demand and settlement breach as proof of inability to pay; age of demand not dispositive; failure to pay prima facie proof of insolvency; creditor need not exhaust less invasive remedies; court’s discretion to refuse winding up narrowly exercised; assets not readily realisable where director obstructs sale.
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22 November 2022 |
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Whether a customary marriage exists where lobola paid and parties cohabited despite some rituals being unperformed.
Customary marriage — validity — section 3(1) Recognition of Customary Marriages Act — lobola paid and handover/release of bride; living customary law — rituals not invariably determinative; cohabitation and documentary conduct as evidence of marriage; marriage in community of property.
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22 November 2022 |
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Court fixed contingency deductions (17.5% pre-morbid, 45% post-morbid) and awarded R3,873,623 for loss of earnings.
Damages — loss of earnings — contingency deductions — appropriate pre- and post-morbid percentages (17.5% pre-morbid; 45% post-morbid); RAF Act s17(4)(a) undertaking for future medical costs; RAF4 serious-injury rejection — general damages postponed sine die.
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22 November 2022 |
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Summary judgment granted where defendant’s bare denial of signing suretyship failed to disclose a bona fide defence.
* Civil procedure – summary judgment – rule 32(2)(b) and 32(3)(b) – defendant must satisfy court by affidavit of bona fide defence and disclose material facts. * Evidence – reliance on documentary proof (signed suretyship, cession notices, spouse’s consent, marital status declaration) where defendant gives bare denial. * Civil procedure – default judgment – consequences of failure to deliver notice of intention to defend. * Rule 32(4) – caution on adducing extra witness evidence in summary judgment proceedings.
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22 November 2022 |
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Urgent application dismissed for lack of attorney mandate and contempt of prior interdict; punitive costs and disciplinary referral ordered.
Procedure – Rule 7 authority to act – Respondent may demand proof of attorney's mandate; inadequate confirmatory authority insufficient. Procedure – Prior injunctions/interdicts and suspension of trustees – Parties must disclose and comply; acting contrary to interdict can constitute contempt and vitiate locus to litigate. Civil procedure – Intervention – No right to intervene where principal application is invalid for lack of authority. Costs – De bonis propriis and attorney-and-client scale appropriate where attorney’s and litigant’s conduct is dishonest or contemptuous. Professional conduct – Referral to Legal Practice Council where prima facie misconduct by attorney exists.
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22 November 2022 |
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Respondent suspended six months for practising without a fidelity fund certificate and failing regulatory reporting and compliance.
Legal practitioners — Fidelity Fund Certificate — practising without FFC; Failure to submit annual auditor's reports; Regulatory compliance — responding to council and paying membership fees; Disciplinary remedies — suspension vs striking off; Rehabilitative conditions — practice management training; Costs — attorney and client scale.
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22 November 2022 |
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Appeal against the applicant's murder conviction and 17‑year sentence dismissed; dolus eventualis and trial findings upheld.
* Criminal law – murder – intention to kill – dolus eventualis established where accused foresaw possibility of death and proceeded nevertheless. * Onus – State must prove guilt beyond reasonable doubt; accused's silence may have adverse consequences but does not relieve State of burden. * Appeal – appellate deference to trial credibility findings in absence of material misdirection. * Sentencing – prescribed minimum sentences (s51(2) CLAA) and requirement for judicial exercise of discretion when deviating from minimum.
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22 November 2022 |
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Tender specifications that effectively limited competition were unconstitutional; award set aside and a fresh tender ordered.
* Administrative law – public procurement – tender specifications tailored such that only one bidder could comply – constitutional validity under s217 – specifications set aside.
* Tender evaluation – responsiveness – bidder without existing required facility at close of bid was non-responsive and award unlawful.
* Procedural fairness – late affidavit admitted where no prejudice shown and interests of justice required full ventilation.
* Remedies – substitution is extraordinary; remittal/fresh tender ordered where no exceptional circumstances established.
* Relief – declaration of invalidity of specifications, setting aside of award, fresh tender within fixed time and suspended setting-aside of appointment.
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22 November 2022 |
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Respondent’s dishonest denial and secret vacation rendered proceedings academic; punitive attorney-and-client costs awarded to applicant.
* Civil procedure – moot/academic proceedings – costs – court exercises discretion to consider parties’ conduct when merits moot. * Conduct – misleading denials and secret vacating of premises – may amount to misuse of court process or constructive contempt; justifies adverse costs. * Costs – punitive/attorney-and-client scale – court may give effect to contractual costs provisions and deprive party of costs for misconduct. * Procedure – late supplementary affidavits and unnecessary steps ordinarily should not influence favourable costs where conduct caused wasted litigation.
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22 November 2022 |
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Court confirmed loss-of-earnings award despite respondent's absence, noting evidentiary discrepancies and speculative actuarial inputs.
Third-party motor collision — loss of earnings — court may exercise discretion on loss head despite settlement of general damages; conflicting medical opinions on traumatic brain injury; occupational therapist projections and actuarial contingencies may be speculative; absent respondent; confirmation of prior award of R2,330,500 (inclusive of past loss).
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21 November 2022 |
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The applicant’s retrospective removal as director was confirmed after respondents failed to rebut falsification allegations and produce appointment documents.
* Companies law – alleged fraudulent or erroneous appointment of director and alleged signature falsification; * Interim relief – confirmation of rule nisi for retrospective removal of director; * Civil procedure – disputes of fact on affidavit; application of Wightman test; * Administrative powers – role of CIPC and proper challenger of investigatory orders.
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21 November 2022 |
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An agreed arbitration clause and contractual exclusion of winding-up on deadlock oust the court’s jurisdiction; application dismissed with costs.
* Company law – Shareholders’ agreement – Arbitration clause – Effect on court’s jurisdiction to order winding-up or buy-out where shareholders are in deadlock.
* Contractual exclusion of winding-up on deadlock – Enforceability and consistency with legislation.
* Procedural – Condonation for late filing of counter-application and affidavit.
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21 November 2022 |