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Citation
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Judgment date
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| November 2023 |
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Applicant’s dispensing records failed to satisfy Note 6 logbook requirements; SARS’s diesel refund determination upheld.
Customs and Excise – Rebate item 670.04 (diesel refund) – Note 6 logbook requirements – full audit trail from purchase to use – necessity to distinguish eligible (primary mining) from non-eligible use. Evidentiary sufficiency – dispensing records versus machine-level logbooks – anomalies, rounding and sequencing errors undermining reliability. Review – adequacy of records to displace SARS determination – burden on claimant to prove entitlement.
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30 November 2023 |
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The first respondent's application for leave to appeal was refused for lack of reasonable prospects or compelling reasons; costs awarded.
Civil procedure – leave to appeal – application for leave to appeal against judgment – whether reasonable prospects of success or other compelling reasons exist – refusal of leave and order for costs including costs of two counsel.
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30 November 2023 |
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Rescission granted of a South African enforcement order where the defendant bona fide alleged non-receipt of the foreign summons.
Enforcement of foreign judgment — effectiveness of foreign service — rescission of local enforcement order under Rule 42(1)(a)/common law — bona fide defence for non-receipt of foreign process — Protection of Business Act not applicable to manufactured watches — Jones v Krok requirements.
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30 November 2023 |
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Leave to appeal refused: no reasonable prospect of success and judicial discretion properly exercised.
Civil procedure — leave to appeal — Superior Courts Act s17(1)(a)(i)&(ii) — elevated threshold: reasonable prospect of success or compelling reason; Judicial discretion — condonation for late rescission — appellate interference only where discretion not judicially exercised; Rule 42(1)(a) — rescission of orders and collateral challenge by organ of state; Contempt proceedings — requirements for contempt (existence of order, service/knowledge, non-compliance).
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30 November 2023 |
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Leave to appeal refused where applicant’s tender and concession confined "plant" to Annexure A; costs awarded attorney-and-client.
Urgent civil procedure – leave to appeal – applicant’s unconditional tender and concession of ownership – meaning and scope of terms in court order (interpretation of "plant" as defined by Annexure A) – appeal lacks reasonable prospects under section 17(1)(a)(i) of the Superior Courts Act – abuse of process – costs on attorney-and-client scale including two counsel.
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30 November 2023 |
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RAF held 70% liable; court awarded R2,509,927.70 for loss of earnings and R525,000 (70% of R750,000) general damages.
Road Accident Fund – liability and apportionment – RAF liable for 70% of proven/agreed damages. Quantum – general damages and loss of earning capacity: assessment on medical, occupational and actuarial reports; application of RAF caps and contingencies. Section 17(4)(a) undertaking – limited to proportionate liability (70%) for future medical/hospital care. Default judgment consequences – costs, interest and payment timelines ordered.
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29 November 2023 |
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Whether late lodging of a RAF claim is jurisdictional or barred by prescription and whether the court may raise it mero motu.
Road Accident Fund – time‑limit for lodging claims in respect of unidentified vehicles – two‑year requirement – whether jurisdictional or a matter of prescription – whether court may raise prescription mero motu; Amendment of plea – intention to plead prescription; Procedural – requirement for comprehensive heads of argument supported by case law.
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29 November 2023 |
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An urgent application to compel trustee appointments was struck off for lack of urgency and unexplained delay.
Trusts — urgent relief to compel Master to appoint trustees — requirements for urgency; delay and unexplained lapse in launching proceedings; historical allegations cannot found contemporaneous urgency; locus standi and joinder issues in trust litigation; costs — party-and-party, not punitive.
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29 November 2023 |
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Eviction under PIE demands humane, concrete alternative accommodation; absent such plan, eviction is not just and equitable.
Eviction law; PIE s6 – just and equitable requirement; consideration of circumstances, period of occupation and availability of suitable alternative accommodation; state duty to progressive realization of housing; human dignity, privacy and ubuntu in eviction proceedings.
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29 November 2023 |
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Appeal dismissed: single‑witness rape evidence found credible and life sentences upheld for lack of substantial and compelling circumstances.
Criminal law – Sexual offences – Rape of inmate – Conviction on single witness where evidence is credible and corroborated. Criminal procedure – Cautionary rule – Application to single‑witness testimony and evaluation of credibility. Sentencing – Minimum sentences and substantial and compelling circumstances – Life imprisonment upheld where no mitigating circumstances justified deviation. Evidence – Corroboration by medical report and complaint’s relatives; bare denial insufficient.
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29 November 2023 |
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Leave to appeal granted on whether a national department has locus standi and may seek ab initio contract invalidity.
Civil procedure – postponement of hearing – applicant’s self-inflicted delay and inability to secure counsel insufficient to justify postponement; Superior Courts Act s17 – test for leave to appeal; Public law – locus standi of national department vs Minister; Administrative law – whether State may seek declaratory relief that a contract is void ab initio without a self-review application under the doctrine of legality.
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29 November 2023 |
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Unexplained delay in challenging solitary confinement defeated urgency; complex classification and torture claims require review, not urgent relief.
Urgency — unexplained nine‑month delay defeats urgency; solitary confinement/torture allegations do not automatically create urgency. Complex review issues — international law and correctional classification powers unsuitable for urgent court; review court appropriate forum. Applicant created his own urgency; costs awarded against applicant.
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29 November 2023 |
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Failure to serve Rule 46A supporting documents prevents executability and requires postponement of summary judgment.
Procedure – Uniform Rule 46A – Requirement that applications to declare residential immovable property executable be supported by documents (Rule 46A(5)) and assessed by factors in Rule 46A(9); service of supplementary affidavits – summary judgment vs Rule 46A applications to be heard together (Mokebe).
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29 November 2023 |
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A conduct letter to an owner and trustees was defamatory; publication, lack of privilege, and R50,000 damages upheld.
Defamation — publication to trustees and managing agent — meaning and ordinary‑reader test — privileged communication/qualified privilege not established or pleaded — appellate deference to trial credibility findings — quantum of damages for defamation.
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28 November 2023 |
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Applicant who obtained identity documents by misrepresentation not entitled to relief under the Immigration Act; application dismissed with costs.
Immigration law – fraudulent acquisition of identity documents and permits – applicant rendered a prohibited person where permits/IDs obtained by misrepresentation – Director-General empowered to withdraw visas/permits and lay criminal charges – rehabilitation procedures under Regulation 26(4) – late replying affidavit disregarded.
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28 November 2023 |
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Accident reduced earning capacity but dismissal for misconduct limited respondent’s liability for past loss.
• Personal injury — conceded liability; assessment confined to medical costs and loss of income. • Causation — distinction between accident-related sequelae and dismissal for misconduct in proving loss. • Quantum — use of actuary’s postulated uninjured income with 15% (pre) and 30% (post) contingency deductions; partial past-loss liability (50%). • Remedies — past medical expenses and general damages postponed sine die.
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28 November 2023 |
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Court refuses to revisit urgent court’s merits; applicant, successful in urgent application, awarded costs.
Civil procedure — costs — proper forum for challenging urgency — merits decided by urgent court cannot be revisited at costs hearing absent appeal or review; successful party in urgent application ordinarily entitled to costs.
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28 November 2023 |
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An elderly passenger’s hand injury from a missing safety rail arose from vehicle driving, rendering the Fund 100% liable.
Road Accident Fund Act s17(1)(a) – 'caused by or arising from' driving; causal link where passenger steadies herself while vehicle in motion; owner/driver negligence for missing safety rail; RAF 100% liable; past medical expenses proven (R149,478.66); non-serious injury, only medical expenses recoverable.
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28 November 2023 |
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Agent who effectively introduced tenants is entitled to commission despite alleged mandate termination and certificate anomalies.
Estate agents – commission – effective/efficient cause – tacit mandate and conduct as basis for tacit contract; mandate termination – does not bar commission if agent's efforts remain proximate cause; Fidelity Fund Certificate – misdescription not fatal where statutory protection achieved (Signature SCA); evidentiary law – failure to call available witnesses and defendant's non-testimony may justify acceptance of plaintiff's uncontradicted evidence; competing agents – principal may still owe commission to introducing agent if introduction was effective cause.
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28 November 2023 |
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Appeal dismissed: complainant's single-witness account credible; life sentences for kidnapping and rapes upheld.
Criminal law — Rape and kidnapping — single-witness evidence and credibility — taxi driver abusing position of trust — consensual relationship defence rejected — minimum sentences for rape — no substantial and compelling circumstances to deviate.
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28 November 2023 |
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Sale of matrimonial home justified urgent variation ordering limited interim rental and deposit contributions from joint estate.
Family law – Urgent Rule 43(6) application – self-created urgency considered but imminent transfer justified urgent relief. Matrimonial property – marriage in community of property – entitlement to interim accommodation at joint estate expense pending dissolution. Variation of Rule 43 order – limited interim rental/deposit contribution ordered; repayment from sale proceeds. Maintenance pendente lite – broader maintenance claims and costs left to trial court.
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27 November 2023 |
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Arbitrator exceeded his mandate and committed gross irregularity by deciding issues beyond those submitted and failing to assess effect of signed change notices.
Arbitration — scope of arbitrator’s powers determined by arbitration agreement — arbitrator exceeded powers by deciding issues not submitted; gross irregularity where arbitrator fails to address effect of signed Project Change Notices and produces inconsistent, confusing award — review under s 33(1)(b) Arbitration Act.
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27 November 2023 |
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A co-owner may evict an executor unlawfully occupying property and compel estate sale under JVA terms.
Eviction — co-owner’s locus standi to evict unlawful occupiers; Executor of deceased estate — limited fiduciary powers; Joint Venture Agreement — clause applying after death, private sale then auction; No real dispute of fact on motion; Court may compel executor (or Sheriff) to sign auction sale documents and direct distribution of proceeds.
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27 November 2023 |
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Forfeiture cannot be ordered without first determining whether the property was brought into the marriage.
Divorce — Forfeiture of patrimonial benefits (s 9(1) Divorce Act) — Court must first determine factual benefit then make value judgment limited to duration, circumstances of breakdown and substantial misconduct — Cannot forfeit assets brought into the marriage — Misjoinder/misdirection where trial court failed to establish date/ownership of property — Matter remitted for factual enquiry (s 19(c) Superior Courts Act).
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27 November 2023 |
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Refusal to consent to international travel alone does not justify terminating a parent's guardianship; a parent coordinator was appointed.
Children’s Act – guardianship – application for sole guardianship and exclusive travel consent – refusal to consent to international travel insufficient to terminate guardianship; parental request for trip details reasonable – appointment of parent coordinator to facilitate joint decisions, parenting plan and mediation – costs: parties to pay own legal costs; parties liable for their costs vis-à-vis the parent coordinator.
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27 November 2023 |
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A bidder must be tax‑compliant at the award stage, not necessarily at bid submission, absent an express tender requirement.
Procurement law – interpretation of bid documents – tax compliance requirement – bidder must be tax‑compliant by time of award absent express tender requirement at submission; CSD reports as evidence of tax status; non‑responsive bids; role of Treasury Instruction Note 9; PAJA reviewability of award decisions.
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27 November 2023 |
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An application to terminate joint ownership in divorce is not urgent absent showing inability to obtain redress in due course.
Family law – divorce – termination of joint ownership (actio communi dividundo) – relief sought to sell property and divide net proceeds. Urgent court procedure – requirement to show inability to obtain substantial redress in due course – application of Luna Meubel test. Civil procedure – striking from urgent roll versus dismissal. Costs – costs reserved to divorce action; punitive/de bonis propriis costs refused. Security/enforcement – bond arrears and creditor correspondence insufficient alone to establish urgency.
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27 November 2023 |
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Reconsideration application on urgent roll failed for want of urgency; struck from roll and costs awarded.
Urgency – Rule 6(12) Uniform Rules of Court – onus on party placing matter on urgent roll to demonstrate absence of substantial redress in due course; further affidavits – additional affidavits filed out of sequence require leave/condonation; interim interdict – effect of prior interim order limiting subsequent relief until variation/rescission finalised.
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27 November 2023 |
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Where a suspensive condition is fulfilled and no contrary stipulation exists, prescription runs from the agreement date.
Prescription – operation of suspensive condition – fulfilment of suspensive condition renders contract enforceable ex tunc – where parties gave no contrary stipulation prescription runs from date of signature; three-year prescription under s 11(d) of Prescription Act.
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25 November 2023 |
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An agreed disposal of an ex parte preservation order rendered the reserved-costs issue moot; no fresh facts justified reconsideration.
Interlocutory procedure – reservation of costs – purpose is to allow for later material that may affect exercise of discretion; mootness – agreed disposal of ex parte preservation order renders reserved-costs issue moot; costs discretion – to be exercised by the court that heard the interlocutory application when no new facts are anticipated.
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24 November 2023 |
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A purported ten-year military contract was invalid for lack of authorisation; applicant should have sought PAJA review.
Administrative law – PAJA – review required to challenge administrative decision of Contract Renewal Board. State/military contracts – authority to bind – unsigned/unauthorised contract invalid ab initio. Employment in SANDF – suspensive conditions (medical fitness; core courses) material to renewal. Procedural propriety – applicant’s failure to seek review and awareness of non-compliance militates against relief.
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24 November 2023 |
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An appellate acquittal alone does not entitle a person to damages absent delict, new evidence, or exceptional miscarriage of justice.
Criminal law — appellate acquittal — compensation for wrongful conviction; Rome Statute/Implementation Act inapplicable to domestic ordinary crimes; development of common law declined absent delict or newly discovered facts; non‑disclosure of cause of action against police and prosecutors upheld.
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24 November 2023 |
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Court found substantial and compelling circumstances to deviate from 15-year minimum, imposing 12 years and welfare orders for the children.
Criminal law – Sentencing – Murder under section 51(2) Minimum Sentences Act – Whether substantial and compelling circumstances justify departure from 15-year minimum; consideration of intoxication, remorse, first-offender status and children’s best interests; welfare intervention ordered.
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24 November 2023 |
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Assessment and quantum of general damages for a serious head injury and administration of the award via a trust.
Road Accident Fund – Serious injury assessment (AMA Guides and narrative test) – Acceptance of medico-legal reports under Rule 38(2) – Quantum of general damages for severe head injury with hemiplegia and neurocognitive deficits – Payment into trust and costs of trust establishment.
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23 November 2023 |
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First respondent held in contempt for failing to return seized electronic data; director not automatically liable if not cited.
Contempt of court – non-return of files and forensic images after Anton Piller orders set aside – willfulness and mala fides required for contempt – director not automatically liable if not cited – restorative orders and punitive costs.
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23 November 2023 |
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Performance-based increases given outside a collective agreement were void due to mutual mistake, lack of authority and public policy.
Labour law – Collective agreements – scope and exclusivity – whether individual performance-related increases outside a collective agreement are enforceable. Contract law – iustus error (mutual mistake) and lack of authority – effect on validity of concluded variations. Public policy – protection of collective bargaining arrangements and prevention of unilateral deviations from collective terms. Procedure – separation of liability and quantum by agreement of parties.
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23 November 2023 |
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Default judgment rescission refused where post-judgment payment and inaction amounted to acquiescence; punitive costs ordered.
Civil procedure – rescission of judgment – Rule 42(1)(a) – need to show exceptional circumstances to alter or set aside judgment. Acquiescence – post-judgment payment may indicate acceptance and defeat application for rescission. Condonation – explanation for delay (data breach) insufficient where applicant knew of default judgment and took no steps. Costs – punitive attorneys' and client costs appropriate for failure to defend and seeking rescission after acquiescence.
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23 November 2023 |
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A mortgage-secured debt's prescription period is fixed at accrual and not altered by later sale or cancellation of the security.
Civil procedure – Summary judgment – Requirements for opposing affidavits and points in limine under the JPC Act; validity where commissioner ex officio administers oath away from business address. Prescription – Mortgage-secured debts – Prescription period determined by classification of debt when right of action accrues and unaffected by subsequent cancellation or sale of security (Botha v Standard Bank applied). Suretyship – Liability of surety survives sale of mortgaged property for shortfall where debt has not prescribed.
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23 November 2023 |
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Appellant failed to show substantial and compelling circumstances to avoid the prescribed life sentence for rape.
Criminal law – sentencing – mandatory minimum sentence for rape (s 51 Sexual Offences Act) – substantial and compelling circumstances – aggravating factors: multiple rapes, severe psychological harm, lack of remorse – personal mitigation (age, first offender, socio‑economic background) held insufficient.
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23 November 2023 |
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Winding‑up application dismissed because the respondent bona fide and reasonably disputed the alleged debt.
Winding‑up — insolvency and inability to pay — where debt is bona fide and reasonably disputed winding‑up inappropriate; delictual claims (Aquilian/condictio furtiva) require proof and are not to be resolved in liquidation proceedings; Companies Act demand requirements raised as defence.
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23 November 2023 |
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Applicant’s persistent breach of the referral rule and lack of demonstrated rehabilitation warranted dismissal of readmission application.
Admission/readmission of advocates – test for rehabilitation and fitness; Breach of referral rule (accepting briefs/fees directly) – deliberate and persistent misconduct; Weight of psychological evidence in rehabilitation claims; Non-payment of prior costs order – relevance to fitness; Costs – attorney-and-client scale appropriate in serious professional misconduct cases.
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22 November 2023 |
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Reported
Pension interest vests in the joint estate from institution of divorce; settlement orders are binding despite asserted iustus error.
Divorce Act s 7(7)(a) — pension interest vests in joint estate from institution of divorce; s 7(8) — court-ordered recognition/enforcement by pension fund; settlement agreements incorporated into decrees are binding court orders; iustus/justus error does not permit non-compliance; member’s post-retirement receipt of benefits does not defeat non-member’s share.
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22 November 2023 |
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Contempt and variation applications dismissed: no willful contempt and no Rule 42 basis to vary the consent‑based divorce settlement.
Contempt of court – requirements of willfulness and mala fides; honest belief/mistake as defence (Fakie); Variation of court orders – limited grounds under Rule 42(1) (absence, ambiguity, common mistake); Finality of consented divorce settlement incorporated into order; Best interests of the child – Children’s Act and constitutional standard not shown to be compromised by clause requiring written consent for additional scholastic/extra‑mural expenses.
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22 November 2023 |
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Court enforces a lawful multi‑year collective wage agreement; PFMA ss66 and 53 do not void it and impossibility defence fails.
Collective bargaining – multi‑year wage agreement – enforcement by specific performance; PFMA s66(3) and s68 do not extend to collective wage agreements (narrow construction per Waymark); PFMA s53(4) regulates accounting authority duties and does not invalidate multi‑year wage agreements; supervening impossibility (vis major/casus fortuitous) requires objective impossibility — not established where allocations existed; enforcement protects constitutional right to collective bargaining.
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22 November 2023 |
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Court refused a clinical psychological assessment and amended the parenting plan, prioritising the child’s best interests and increased structure.
Children — best interests — role of Family Advocate — whether to appoint independent clinical psychologist for midweek sleepover dispute — amendment of parenting plan to provide structure for young child — custody/primary residence to remain with primary caregiver.
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21 November 2023 |
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Leave to appeal refused for lack of prospects or compelling reasons; applicants ordered to pay respondents' costs.
Application for leave to appeal — whether reasonable prospects of success or other compelling reasons exist — leave refused; costs awarded, including two-counsel costs.
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21 November 2023 |
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Leave to appeal granted where applicant demonstrated reasonable prospects that another court would reach a different conclusion.
Leave to appeal – Superior Courts Act s17 – elevated threshold requiring reasonable prospects of success – whether one or two prosecutions arose after conviction set aside and remittal for trial de novo – alleged malicious prosecution – leave to appeal to Full Court granted with costs.
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21 November 2023 |
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Contempt claim dismissed: respondent raised reasonable doubt about wilful/mala fide non‑compliance; execution against primary residence not justified.
Civil contempt – disobedience of court order – requisites: existence of order, knowledge, non‑compliance; presumption of wilfulness and mala fides once established. Rebuttal standard – respondent need only raise evidence creating a reasonable doubt as to wilful and mala fide non‑compliance (Fakie principle). Rule 46A – execution against primary residence requires strict compliance with Rule 46A(5) and consideration of proportionality and availability of alternatives. Role of liquidator and effect of writ served on liquidator on distribution of joint estate.
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21 November 2023 |
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Environmental authorisations set aside for failure to consult existing mining right holder and misrepresentations in environmental reports.
Administrative law – environmental authorisations – failure to consult existing mining right holder – misrepresentation in BAR/EMPr – procedural fairness – exhaustion of internal remedies under NEMA – review and remittal with conditions; costs including two counsel.
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20 November 2023 |
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The defendant rail operator was 100% liable for a commuter’s injuries caused by open train doors while in motion.
Delict — Negligence — Rail operator’s duty to protect commuters — Open train doors while in motion — Wrongfulness of omission by organ of state — Causation — Contributory negligence and volenti — Evaluation of conflicting versions and witness credibility.
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20 November 2023 |