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Citation
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Judgment date
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| December 2023 |
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Court awarded R5,822,487 for loss of earnings using actuarial method and granted a section 17(4) undertaking; general damages postponed.
Road Accident Fund – quantification of past and future loss of earnings – severe traumatic brain injury and multiple orthopaedic injuries – use of actuarial method – application of contingency deductions (5% pre-morbid, 10% post-morbid) – award of section 17(4) undertaking – general damages postponed sine die.
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31 December 2023 |
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Court finds insured driver 100% negligent; plaintiff entitled to damages, future medicals via s17 undertaking, general damages postponed.
* Road Accident Fund — liability — default proceedings under Uniform Rule 39 — defendant’s late plea and failure to lead expert evidence resulted in plaintiff’s unrebutted case being accepted. * Admissibility of expert evidence — Uniform Rule 38(2) — court may admit expert reports on affidavit where sufficient reason shown. * Causation — injuries and sequelae from collision established (including mild traumatic brain injury). * Quantum — future medicals to be secured by s17(4)(a) undertaking; general damages postponed; loss of earnings assessed and actuarially quantified.
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31 December 2023 |
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Whether urgent forensic intervention was required and which school best serves the child’s interests pending parental litigation.
Family law – urgency under Uniform Rule 6(12); appointment of forensic expert for child’s behavioural concerns; best‑interests enquiry under s28(2) Constitution and Children’s Act; interim school enrolment disputes between separated parents; upper‑guardian discretion to confirm de facto residence and secure schooling.
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29 December 2023 |
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Non‑joinder of company members was fatal to a section 354 application because the court must consider the wishes of all members.
Companies Act – section 354(1) and (2) – setting aside or staying a winding‑up – requirement to have regard to wishes of 'creditors or members' (plural) – non‑joinder of shareholders who have direct and substantial interest – necessity to join all members or prove mandate/consent – failure to prove mandate fatal to relief.
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29 December 2023 |
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Court found attorney withdrawal and service at registered address valid and made applicant's draft order an order of court.
Procedure – Uniform Rules 16 and 4 – withdrawal of attorneys – duty to notify new service address – service at company's registered address and by electronic means – validity of sheriff's return and CaseLines evidence – interlocutory relief to compel heads of argument.
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22 December 2023 |
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Eviction granted: lease and claimed cession not proven; lien unproven though substitute security accepted.
Property law – Eviction under PIE – validity and enforceability of lease based on alleged indebtedness and cession; huur gaat voor koop; improvement lien – proof and substitution of security; just and equitable balancing under PIE.
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22 December 2023 |
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Committal dismissed: orders obtained by defective service suspended pending rescission; no proven mala fide by the Minister.
Administrative law; service on state respondents under State Liability Act – two-step service; defective service, absence of stated day and failure to serve set-down notice; rescission and suspension of orders; committal for contempt requires proof beyond reasonable doubt of wilful and mala fide non-compliance; Biowatch rule and costs against legal representatives for procedural non-compliance.
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22 December 2023 |
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Immediate change of children's primary residence refused; Family Advocate ordered to investigate best interests before any relocation.
Family Law – urgency – interim change of primary residence of children – best interests of the child – requirement for credible evidence and expert/Family Advocate investigation before uprooting children – stability and continuity of care.
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22 December 2023 |
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Refusal to grant purchaser access to a business bank account constituted repudiation, entitling refund of the deposit.
Sale of business as going concern — handover requires transfer of what is necessary to operate business — access to business bank account essential; Repudiation — refusal to grant bank access can amount to repudiation; Acceptance of repudiation — communication terminating contract; Damages — refund of deposit as liquid claim; Civil procedure — Plascon-Evans rule where core facts admitted.
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21 December 2023 |
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Domestic upgrade requires corresponding foreign-post rank and retrospective COLA payment for the Lagos posting.
Placement Policy – determines foreign-post rank linked to domestic grade; Public Protector remedial action – domestic upgrade requires corresponding foreign-post treatment; COLA entitlement – retrospective adjustment where domestic rank is backdated; FSD discretion and contractual acceptance do not preclude remedial retrospective entitlements; appeal dismissed with substitution to enable retrospective COLA payment.
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21 December 2023 |
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Respondent mismanaged client and trust funds, refused inspection, and was struck from the roll with a curator appointed and costs awarded.
* Legal practitioners – professional misconduct – failing to account for client funds and disbursements; trust-account deficits. * Legal practitioners – refusal to cooperate with inspection of accounting records; raising sub-judice defence. * Remedies – striking from the roll; appointment of curator bonis; prohibition from operating trust accounts; removal from fiduciary offices; costs on attorney-and-client scale.
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21 December 2023 |
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Insurer lawfully repudiated claim where insured failed to disclose prior incidents material to risk and failed to prove loss.
Short-term insurance – non-disclosure – s53(1) Short-term Insurance Act – materiality test – reasonable person standard; onus of proof on insured to establish indemnity; insurer entitled to repudiate where non-disclosure materially affected risk/premium.
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21 December 2023 |
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Court ordered recusal of two disciplinary panel members for apparent bias and set aside the recusal refusal.
Administrative law – disciplinary hearings held by IRBA constitute administrative action and ordinarily reviewed under PAJA; midstream review permissible only in exceptional circumstances; recusals – apparent bias, undisclosed associations and discourteous conduct can justify recusal; internal remedies may be inadequate where they cannot redress nullity of proceedings (Basson v Hugo applied).
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20 December 2023 |
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Plaintiff proved substantial medical and earning losses from municipal negligence; absolution refused and R8.9m awarded.
• Delict – personal injury from municipal grass-cutting operations – permanent loss of vision; liability admitted; quantum determined.
• Civil procedure – absolution from the instance at close of plaintiff’s case – test whether there is evidence upon which court might find for plaintiff; application refused.
• Evidence – evaluation and weight of expert reports and joint minutes; treating specialist’s evidence and joint expert minutes given significant weight.
• Quantum – calculation of past and future medical expenses and loss of earnings; use of accountant’s ‘disposable income’ (net profit plus add-backs, including depreciation) and actuary’s projections accepted.
• Costs – successful plaintiff awarded costs on a party-and-party scale.
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18 December 2023 |
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A special-resolution exemption of developer levy liability was oppressive; court ordered the HOA's MOI amended and awarded costs.
* Companies Act s163 – oppression/unfair prejudice – minority relief permitting wide remedial orders including amendment of MOI; * Developer liability – interpretation of Deeds Registries Act and Heritage Hill: developers can be owners of unsold erven and liable for levies; * Abuse of majority voting power in association/company context – fairness test and remedy; * Relief: declaration of oppressive conduct, removal of offending MOI clauses, costs.
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18 December 2023 |
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Applicants failed to establish exceptional circumstances or irreparable harm to justify executing the order pending appeal.
• Civil procedure – Superior Courts Act s18(3) – exceptional circumstances and irreparable harm required to execute a final order pending appeal. • Business rescue/insolvency – inherent urgency recognised but does not alone satisfy s18(3). • Public entities and PFMA s54(2) – ministerial discretion and potential prejudice considered. • Locus standi – business rescue practitioner has direct and substantial interest to enforce court a quo order.
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18 December 2023 |
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Prescription for a combined unlawful arrest-and-detention claim runs from release, not the arrest date.
Prescription — Prescription Act s 12 — commencement when creditor has knowledge of facts — continuing wrong in unlawful arrest and detention — single cause of action for arrest and continued detention delays prescription until release; summons served within three years avoids prescription.
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18 December 2023 |
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The applicant's appeal against rape conviction and life sentence dismissed; no substantial and compelling circumstances found.
Criminal law – Rape – proof beyond reasonable doubt; evaluation of complainant and corroborating witness evidence; J88 medical report; single‑witness caution; duplication of charges under Minimum Sentences legislation; Minimum Sentences Act – substantial and compelling circumstances; sentencing triad of Zinn; appellate deference to trial court credibility findings.
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18 December 2023 |
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Liquidator’s discretions in post-divorce division upheld; s15(9)(b) adjustments may be made during estate division.
* Family law – marriage in community of property – post-divorce liquidation and division of joint estate; * Matrimonial Property Act s 15(9)(b) – adjustment for unlawful transactions can be effected in the process of division after divorce; * Powers of liquidator – wide investigatory, realisation and distribution discretions; * Liquidator’s account – proposal only, requires court confirmation for legal force; * Eviction – liquidator may secure vacant possession for purchaser; * Pension payouts cashed before divorce can form part of the joint estate.
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18 December 2023 |
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Reported
An agreement to stage profit-driven physical contests between members of the public is unlawful, unenforceable, and may attract criminal and regulatory scrutiny.
Contract and public policy – agreements to organise profit-driven physical contests between members of the public – consent and assault – distinction between lawful sport and unlawful violent contests – statutory regulation (Boxing Act; Safety at Sports and Recreational Events Act) – potential proceeds of unlawful activity/organised crime implications (POCA) – referrals to CIPC and NPA.
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18 December 2023 |
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Applicant pursued interdict instead of review; licence cancellation procedurally flawed but interdict inappropriate; application dismissed, no costs.
Administrative law — review under PAJA vs interim interdict — Regulation 20(2) notice and opportunity to make representations — procedural fairness and appropriate remedy — costs where both parties erred.
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15 December 2023 |
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Warrantless arrest under s40(1)(b) found lawful; plaintiff failed to prove unlawful exercise of discretion or assault, claim dismissed.
Criminal Procedure Act s40(1)(b) – warrantless arrest – reasonable suspicion; discretionary exercise of arrest power – onus to prove improper exercise; civil claims for unlawful arrest and assault – preponderance of probabilities; credibility and circumstantial evidence; costs discretion.
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14 December 2023 |
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Applicants entitled to disclosure of tip-off and supporting documents; respondents failed to justify confidentiality.
Administrative law – review; Rule 53 record – scope and purpose – all material relevant to decision-making must be included unless justified secrecy established; B-BBEE Act s13L and Regulations – confidentiality claims require factual proof; Regulation 13(1)(b) – restricted information and complainant identity; Informer privilege – distinct from regulation 13 and not shown to apply; Burden on decision-maker to justify non-disclosure.
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14 December 2023 |
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Claims for assault, unlawful arrest/detention and malicious prosecution dismissed; arrest and use of force found lawful.
Criminal procedure – arrest without warrant – s 40(1)(b) reasonable suspicion requirement; Use of force – s 49(2) proportionality and necessity where suspect flees or reaches for waist; Firearms Control Act – pointing or simulacrum as aggravating factor; Malicious prosecution – need to prove lack of reasonable and probable cause and malice; Credibility and contradictions in applicant’s affidavits and medical records.
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14 December 2023 |
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Appellant’s conviction on DNA and fingerprint evidence upheld; sentencing corrected by taking multiple rape counts together.
* Criminal law – Sexual offences – Multiple counts of rape and home invasion – forensic linkage by DNA and fingerprint evidence.
* Criminal procedure – Appeal – Francis standard for interference with trial court findings; incomplete record accepted for appeal.
* Sentencing – Minimum sentencing regime (Schedule 2/section 51) and Malgas principles; error in not treating multiple rape counts together; appellate correction of sentence.
* Firearms control – Section 103 declaration of unfitness to possess firearms.
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14 December 2023 |
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Urgent interim relief awarded: applicant given primary care of children and R10,500 monthly maintenance; respondent ordered to maintain home and fees.
Family law – Urgent interim relief pendente lite – Rule 6(12)/Rule 43 – Best interests of the child paramount – Interim parental rights (primary care and residency) to applicant; interim contact to respondent – Interim children maintenance R10,500 per month – Respondent ordered to continue paying mortgage, utilities and school/college fees – Procedural non‑compliance condoned – Disputed customary marriage may require declaratory order in main action but does not preclude interim relief.
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14 December 2023 |
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The respondent proved intentional misrepresentation by the auctioneer, rendering the voetstoots clause inapplicable and the appeal dismissed.
* Sale of immovable property – auctioneer representations regarding dam and water rights – whether dolus eventualis established.
* Voetstoots clause – scope limited to negligent misrepresentations; inapplicable where seller/auctioneer acted with intent to deceive.
* Evidence – taped auction record and circumstantial evidence sufficient to infer state of mind; no adverse inference against purchaser for not calling auctioneer.
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14 December 2023 |
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Leave to appeal refused where senior SARS official properly omitted a final demand under s179(6), and any appeal would be moot.
Tax law – s179(6) Tax Administration Act – omission of final demand where issuing one would prejudice collection; third‑party notices to bankers; preservation orders do not eliminate attachment or repatriation risks; audi alteram partem satisfied by prior correspondence (Hindry); mootness and just and equitable relief; leave to appeal refused.
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13 December 2023 |
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Arrest and detention lawful: arresting officer had objective reasonable suspicion under section 40(1)(b) CPA.
* Criminal procedure – Arrest without warrant – Section 40(1)(b) CPA – Reasonable suspicion objectively assessed.
* Criminal procedure – Section 40(1)(e) CPA – possession of suspected stolen property unnecessary where s40(1)(b) suffices.
* Evidence – complainant identification, presence of stolen items, warm vehicle and admissions support reasonable suspicion.
* Detention – holding-cell conditions not malicious; transfer to correctional facility lawful.
* Civil damages – unlawful arrest/detention claim dismissed where arrest was lawful.
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13 December 2023 |
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Leave to appeal refused: BRP entitled to prepare/submit PFMA s54(2) application; appeal lacks reasonable prospects.
• Administrative law – review and leave to appeal – elevated leave threshold: appeal must have reasonable prospects or compelling reasons.
• Public finance / PFMA s54(2)– requirement for submission of particulars for disposal of significant shareholding; interplay with s54(3) deeming provision.
• Companies Act / business rescue – powers and locus of a business rescue practitioner under an adopted business rescue plan to act for the company, including preparing/submitting PFMA s54(2) applications.
• Statutory interpretation – PFMA and Companies Act can be reconciled; no demonstrated irreconcilable conflict in this matter.
• Procedural – late filing condoned where satisfactory reasons shown.
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13 December 2023 |
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Committee’s refusal of discharge was irrationally premised on compelling testimony; decision set aside and remitted.
Administrative law – PAJA review of interlocutory disciplinary rulings – Regulation 9 discharge application; Rationality and error of law – decision materially influenced by mistaken premise; Procedural fairness – right to remain silent in disciplinary inquiries; Prematurity – internal appeal remedy not applicable to interlocutory procedural rulings.
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13 December 2023 |
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Court granted correction of plaintiff’s misdescription; not a substitution, and prescription defence did not bar amendment.
* Civil procedure – Uniform Rule 28(4) – amendment to correct misdescription of plaintiff (company vs close corporation) – correction allowed where bona fide and no uncompensable prejudice. * Prescription Act s15(1) – service of process and interruption of prescription – incorrect citation of creditor does not necessarily defeat interruption. * Amendment – substitution of parties vs correction – court favors substance over technicalities; mala fides or prejudice are determinative.
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12 December 2023 |
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Application to terminate a court-ordered trust dismissed for lack of evidence of capacity and procedural defects.
* Trust law – termination/variation – s 13 Trust Property Control Act – court may vary or terminate trust where founder’s objects frustrated, beneficiary prejudiced, or public interest affected. * Mental capacity – assessment of beneficiary’s ability to manage funds and litigation; probative weight and currency of expert reports. * Curatorship – locus standi and necessity of curator ad litem/curator bonis where beneficiary lacks capacity. * Procedure – requirement of proper affidavits, confirmatory affidavits, and compliance with prior court orders concerning trustees.
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12 December 2023 |
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Applicant’s disqualification for failing to demonstrate required provincial ‘footprint’ was lawful and reasonable.
* Procurement law – tender evaluation – ‘footprint’ requirement – bidders must demonstrate physical/geographical capacity to service provinces they bid for. * Administrative law – judicial review – rationality and procedural fairness – due‑diligence verification and site inspections permissible under bid documents and PFMA. * Misrepresentation/non‑disclosure of third‑party resources – lawful ground for disqualification. * Costs – successful respondents awarded costs, including counsel fees where employed.
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12 December 2023 |
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Arrest and detention lawful under section 40(1)(e); malicious prosecution not proven; plaintiffs' claims dismissed with costs.
Criminal Procedure Act s40(1)(e) — arrest without warrant for possession of suspected stolen property; reasonable suspicion on reasonable grounds; assessment of credibility and weight of evidence; inventory and invoices as corroborative/documentary evidence; detention under s50 lawful; malicious prosecution — requirements not established.
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12 December 2023 |
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Enrichment claim is a debt; amounts paid before 8 April 2018 prescribed because plaintiff knew or could have known facts by 2015.
Prescription — condictio indebiti (undue enrichment) constitutes a debt; prescription generally runs from payment; s12(3) postpones running until creditor has or could by reasonable care have acquired knowledge of debtor and material facts; on facts plaintiff had constructive/actual knowledge by 2015 so pre-8 April 2018 payments prescribed.
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12 December 2023 |
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Appeal court reduced a shockingly disproportionate 15-year sentence to an effective 5 years for fraud, finding misdirection on sentencing.
Criminal law – Sentencing – Proportionality and Zinn triad – guilty plea, confession and remorse as mitigating factors – correctional supervision report unnecessary where incarceration inevitable – appellate interference where trial court materially misdirects.
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12 December 2023 |
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Applicants’ allegations of NCA contravention, contempt and fraud against the bank were unproven; application dismissed, no costs.
Credit law – National Credit Act s3 (consumer protection from deception) and s127 (surrender of goods) – purposive interpretation; Contempt and fraud allegations – civil court lacks jurisdiction to make criminal findings; Plascon-Evans rule applied to disputed facts on affidavits; par delictum (clean hands) not a bar absent proven misconduct; adverse findings cannot be made against non-parties.
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12 December 2023 |
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Defective/unproved service was not cured by condonation; special plea of prescription upheld and defendant awarded attorney-and-client costs.
Service of process – validity of sheriff's return – evidentiary weight of return of service when contradicted by contemporaneous records; Rule 4(1) modes of service; Rule 27(3) condonation for non-compliance; Rule 30 and special plea of prescription; failure to produce sheriff's job card undermines return.
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11 December 2023 |
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Reported
President’s recognition of a traditional king set aside for failing to appoint mandatory investigative committee under the Leadership Act.
Traditional leadership — succession to kingship — review of presidential recognition — applicability of section 8(4)–(5) of Traditional and Khoi‑San Leadership Act — "evidence or allegation" as low trigger obliging appointment of investigative committee; res judicata where related High Court already decided identification of successor; PAJA review for failure to follow mandatory statutory procedure.
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11 December 2023 |
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Application for leave to appeal dismissed: valid lease, anti-appeal clause binding, Covid-19 did not discharge rent obligations.
Contract – lease – lessee in default pre-lockdown – Covid-19 regulations diminished profitability but did not render lease performance impossible; supervening impossibility not established. Contract – non‑variation (Shifren) and anti‑appeal clause binding. Civil procedure – claim for liquidated amount suitable for summary judgment. Leave to appeal – section 17(1)(a) test; no reasonable prospect of success; application dismissed. Mero motu – court may raise point of law fully arising from the papers.
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11 December 2023 |
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Department must follow its 2011 Procedure Manual; unauthorised sampling and internal "reconsiderations" of statutory appeals are unlawful.
* Administrative law – legitimate expectation and duty to act fairly – departmental procedure manual published and applied creates binding policy. * Meat Safety Act – Procedure Manual: Microbiological Monitoring of Imported Meat (2011) – binding on Department and officials. * Sampling and testing – only authorised, trained persons may collect/handle bacteriological samples; unauthorised sampling unlawful. * Import control – consignments cannot be rejected on tests for organisms not listed in the Manual or on labelling requirements not in statute/regulations. * Appeals – section 18(1) MSA requires appeals to be adjudicated by the Minister or relevant MEC; internal "reconsiderations" by officials unlawful.
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11 December 2023 |
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Particulars of claim vague and lacking essential averments; exceptions upheld and leave to amend granted.
Civil procedure – Exceptions under rule 23(1) – vagueness and embarrassment – pleading must enable defendant to know the case to meet; particulars of payment must identify who paid, when, how and amounts – causation between alleged misrepresentation and payment must be clear – agency liability requires averments establishing basis for personal liability – negligent misrepresentation requires pleaded falsity, wrongfulness/duty, negligence, causation and damages.
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11 December 2023 |
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Interim interdict granted to restrain social‑media defamation, require removal and apology, and award attorney‑and‑client costs.
Defamation — social media influencer publications; interim interdict — prima facie right, irreparable harm, balance of convenience; defamatory per se ("thieves"); truth defence and public interest; removal, retraction/apology and punitive (attorney‑and‑client) costs; interim relief pending action.
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11 December 2023 |
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Appellant’s alibi and break‑in story rejected as not reasonably possibly true; murder conviction upheld.
* Criminal law – murder – circumstantial and direct evidence – assessment of credibility and totality of evidence. * Alibi – burden and testing of alibi evidence; alibi refuted by witness evidence. * Alternative/innocent explanation – whether the accused’s version is a reasonably possibly true explanation. * Forensic pathology – decomposition and presence of maggots as indicators of time since death. * Trial court’s evaluation of witness credibility and inconsistencies in accused’s account.
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11 December 2023 |
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Directors of a company in business rescue cannot litigate over company property without business rescue practitioners' consent.
Companies Act (business rescue) — s140/s137/s133(1)(a) — BRPs' exclusive management control over litigation implicating company property — directors lack authority to litigate without BRP consent; unauthorized acts void — locus standi and Rule 7 authority challenges.
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11 December 2023 |
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An organ may lawfully apply objective post-scoring due diligence to refuse awarding tenders to commercially risky bidders.
Procurement law – PPPFA s2(1)(f) – objective criteria and post-scoring due diligence – functionality vs objective criteria – unacceptable commercial risk – tender conditions (para 5.11.4 & 5.13) – fair hearing – eligibility/registration requirements for consulting engineering services.
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11 December 2023 |
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Applicants failed to show realistic prospects or compelling reasons for appeal against denial of diesel rebate entitlement and NAC jurisdiction.
Administrative law; leave to appeal (s17 Superior Courts Act) — high threshold: realistic prospect of success or other compelling reasons required; Tax — diesel rebate claims; jurisdiction of internal appeal (NAC) to determine compliance with Note 6(f)(ii)(cc); power to vary demand; Commissioner’s discretion under Note 5(c); prior authority (Graspan) acknowledged.
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8 December 2023 |
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Applicant proved a liquidated claim from unexplained bank transfers and an admission of inability to pay; provisional sequestration granted.
* Insolvency — sequestration — provisional sequestration — urgency where risk of dissipation of assets shown by transactional analysis.
* Insolvency — locus standi — creditor with liquidated claim established by bank statements and unexplained transfers.
* Employer/employee and agency principles — employer entitled to recover secret profits/commissions obtained via non-arm’s‑length suppliers.
* Evidence — bank statements and transactional analysis that are not meaningfully disputed may establish prima facie claim.
* Insolvency Act s 8(g) — inability-to-pay correspondence, even if ‘without prejudice’, can constitute act of insolvency (ABSA v Hammerle exception).
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8 December 2023 |
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Applicants granted interim interdict restraining creditors’ meeting and estate administration pending rescission and SIU inquiry.
Insolvency law – Urgent interim interdict to restrain creditor meeting and estate administration pending rescission; intervening facts (acquittal/recovery) as basis for rescission; balance between insolvent’s rights and protection of creditors; Rule 6(12) urgency principles; section 60 removal of trustee and section 40/64 participatory rights of insolvent.
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6 December 2023 |