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Citation
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Judgment date
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| March 2023 |
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Applicant awarded general damages and estimated future loss; past loss dismissed for lack of proof; RAF 100% liable.
Road Accident Fund – liability conceded – only quantum in issue; Evidence – insufficiency of documentary proof for past earnings (nail business, modelling); Assessment of general damages – discretion guided by precedents; Future loss of earning capacity – estimated award where precise proof is lacking; Section 17(4)(a) undertaking for future medical expenses confirmed.
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31 March 2023 |
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Default judgment: RAF 100% liable; general damages deferred pending RAF election; loss of earnings R924,385 awarded.
Civil procedure – default judgment – proper service and non-appearance – use of unopposed affidavits and expert reports under rule 38(2). Road Accident Fund – liability – insured driver’s negligence where vehicle overturned – RAF 100% liable. RAF Act/Regulations – RAF4 assessment and administrative election – court may not determine general damages until Fund accepts or rejects RAF4. RAF Act s17(4)(a) – undertaking for future medical, accommodation and related costs granted. Quantum – loss of earnings established by occupational/industrial reports and actuarial calculation (R924,385 awarded). Costs – taxed or agreed party-and-party costs and specified expert costs.
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31 March 2023 |
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Arrest and detention were lawful; injuries caused by plaintiff’s fall after resisting search, claim dismissed.
Criminal procedure — Lawful arrest — Section 40(1)(b) grounds and obstruction of police duties; enforcement of COVID-19 regulations. Evidence — Credibility and corroboration — single witness’ uncorroborated version rejected; absence of tendered video evidence. Civil liability — Alleged assault during detention — injuries held to result from fall, not police assault; claim dismissed.
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31 March 2023 |
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Passenger injured by unidentified vehicle proved causation and prospective promotion; RAF liable for R4,847,125 plus interest and future medicals.
Road Accident Fund – passenger injured by unidentified vehicle – admission of affidavits and hearsay under Rule 38(2) and Law of Evidence Amendment Act – causation and credibility – proof of prospective promotion – assessment of contingencies in loss of earning capacity – section 17(4)(a) reimbursement of future medical costs.
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31 March 2023 |
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Applicant recovered from mild injuries; court awarded R500,000 general damages but dismissed past and future loss of earnings.
Road Accident Fund – quantum assessment – general damages and loss of earnings; medical evidence of recovery from mild TBI and orthopaedic injury; onus to prove loss of earnings on balance of probabilities; default appearance by respondent; judicial estimation of future loss.
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31 March 2023 |
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A compliant on‑demand retention guarantee demand obliges payment; guarantor may not withhold payment to investigate merits.
Retention money guarantee — on‑demand/call guarantee vs suretyship — formal compliance with demand triggers unconditional obligation to pay — guarantor may not investigate merits or require extraneous documentation — bona fides requirement for employer’s certificate — alleged double benefit and withholding of payment rejected — third‑party indemnity upheld.
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31 March 2023 |
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Excessive delay and lost evidence rendered disciplinary proceedings unfair and irrational, justifying a permanent stay and termination.
Health Professions Act — disciplinary inquiries — unreasonable administrative delay and loss of material evidence — procedural fairness and the right to a fair trial — legality review and/or PAJA review — preliminary committee’s lack of power to revisit its decision — permanent stay/interdict warranted; attorney-and-client costs awarded.
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30 March 2023 |
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Court awarded R750,000 general and R440,525 earnings loss, with 50% RAF liability and a 50% Section 17 undertaking.
Road Accident Fund – quantification of damages after head-on collision – concussive head injury, permanent unilateral hearing loss, disfiguring scars – actuarial loss of earnings considered but court exercises discretion – 50% apportionment of liability and 50% Section 17(4)(a) undertaking – costs awarded including specified medico-legal experts.
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30 March 2023 |
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Condonation granted but final sequestration refused because no reasonable prospect of a dividend to creditors.
Insolvency — s 12(1) Insolvency Act — requirements: certified claim, act of insolvency/insolvency, and advantage to creditors. Condonation — late opposing papers — interests of justice, explanation for delay. Evidence of asset value — automated valuations insufficient without supporting expert evidence. Advantage to creditors — forced-sale risks, outstanding municipal charges and sequestration costs may negate a reasonable prospect of dividend. Judicial discretion — even where statutory requirements may be met, court may refuse final sequestration if advantage to creditors is not shown.
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29 March 2023 |
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Rescission under Rule 42 refused where summary judgment was properly granted with defendants represented and plea on record.
Rule 42 – rescission of judgment – 'erroneously granted' requires error in proceedings – summary judgment – effect of representation and filed plea – opposed matter – rescission versus appeal – costs (attorney and client) – personal costs against attorney declined.
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29 March 2023 |
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Reconstruction evidence accepted; respondent failed to prove contributory negligence, so no fault apportioned to the applicant.
Road traffic—collision with unidentified vehicle; accident reconstruction evidence; onus and proof on balance of probabilities; contributory negligence—alleged unlawful overtaking; absence of contrary evidence—no apportionment of fault.
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29 March 2023 |
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Applicant awarded general and reduced future medical damages; claim for loss of earnings dismissed for lack of proof.
Personal injury — police shooting — incomplete spinal-cord injury (T1) — quantum only; General damages — comparative assessment with prior awards; Loss of earnings — burden to prove income from informal sector, uncorroborated self-reports insufficient; Future medical and living expenses — agreed sum subject to contingency deduction; Costs — State liable for costs including one counsel.
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29 March 2023 |
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Applicants failed to establish rule 42 or common-law grounds for rescission; application dismissed with costs.
Mutual Legal Assistance — mandamus for update on MLA; rescission — rule 42(1)(a) (absence and erroneously granted) and common-law rescission (satisfactory explanation and bona fide defence); absence means precluded, not elective; dismissal with costs.
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29 March 2023 |
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Court awarded general and agreed future medical damages but dismissed loss-of-earnings claim for lack of proof.
Police shooting — liability conceded — quantum only; incomplete T1 spinal cord injury; assessment of general damages by comparison; requirement of corroborated proof for informal-sector loss-of-earnings claims; agreed future medical costs subject to contingency deduction; costs of one counsel awarded.
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29 March 2023 |
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Leave to appeal refused for lack of reasonable prospects and no compelling reasons; applications dismissed with costs.
Civil procedure – Leave to appeal – Requirements of section 16 of the Superior Courts Act – reasonable prospects of success and compelling reasons. Practical effect of lapse of limited stay on appeals. Costs – whether ordered on indulgence basis; conduct of parties regarding attorneys on record. Correction of clerical errors or ambiguities under Rule 42(1)(b).
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29 March 2023 |
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The defendant's apportionment, contributory negligence and indemnity defences were unavailable or inadequately pleaded in a contractual claim.
Contract law – breach of contract claim – Apportionment of Damages Act and contributory negligence not available to reduce contractual liability; Third-party procedure – indemnity and contribution claims require pleaded legal basis (express/implied contract, statute or law); Pleadings – compromise, lis pendens and prescription must plead all material facts, dates and essentialia; Exception – defective plea and third-party notice may be dismissed where causes of action/defences are unavailable or not disclosed.
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28 March 2023 |
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Leave to appeal refused for lack of reasonable prospects or compelling reasons; costs awarded on attorney-and-client scale.
Leave to appeal – section 17(1)(a)(i) and (ii) – reasonable prospects of success – compelling reasons – refusal of leave; Costs – Legal Practice Council matters – attorney-and-client scale.
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28 March 2023 |
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Applicant unlawfully arrested, detained and assaulted; malicious prosecution claim not established; quantum postponed.
Police powers – Arrest and detention – Requirements for warrantless arrest under s 40(1) CPA – discretion to arrest must be based on reasonable suspicion and jurisdictional facts; unlawful arrest and detention where those factors are not proved. Assault – civil delict for infringement of bodily integrity; single credible witness may suffice. Malicious prosecution – elements (setting law in motion, lack of reasonable and probable cause, malice, failure of prosecution) – claimant failed to prove malice or lack of reasonable cause.
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28 March 2023 |
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Applicant granted interim maintenance and substantial contribution to legal costs due to need, respondent’s means and evasive financial disclosure.
Family law – Rule 43 interim maintenance pendente lite – Three-fold test: marital standard of living, applicant’s reasonable needs, respondent’s means – Equality of arms and contribution to legal costs – Inadequate and evasive financial disclosure by respondent – Award of interim maintenance and substantial legal-costs contribution.
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28 March 2023 |
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Contempt claim dismissed; court granted rescission under Rule 42(1)(a) and set aside the 2019 order.
Contempt of court — requirements (existence, service/notice, non‑compliance, wilful and mala fide) — criminal standard beyond reasonable doubt for committal; Rescission under Rule 42(1)(a) — erroneous grant, reactive challenge by organ of state; Municipal law — MFMA, supply‑chain rules and service agreement may render court orders unenforceable; Doctrine of legality limits enforcement of orders that require public bodies to act beyond statutory powers.
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27 March 2023 |
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Applicant awarded R595,262.83 after 50% apportionment for permanent injuries based on unchallenged medico-legal and actuarial evidence.
Road Accident Fund; damages quantification; general damages and loss of earning capacity; reliance on unchallenged medico-legal reports and actuarial valuation; Narrative Test; 50% apportionment; section 17(4)(a) undertaking; costs and interest provisions.
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27 March 2023 |
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Non‑compliance with Companies Act s346(4A) service and affidavit requirements rendered the winding‑up application fatally defective.
Companies Act s346(4A) – Service of winding‑up applications – Service on employees and registered trade unions – Specific modes of service (noticeboard/front gate/door) are peremptory in ordinary applications. Requirement to file service affidavit (s346(4A)(b)) is mandatory and non-compliance can be fatal. Devised or representative service on a few employees does not satisfy statutory purpose unless court directions obtained or alternative effective service shown. Provisional winding‑up orders and dispensation from statutory service normally only in urgent/logistical exceptional cases (EB Steam; Pilot Freight).
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24 March 2023 |
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Court held PVC panels are cellular plates under TH 3921.12; expert evidence unnecessary for tariff interpretation.
Customs and excise — tariff classification — interpretation of tariff headings — meaning of "cellular" in Chapter 39 — court's role to interpret tariff language using ordinary meaning, chapter/section and explanatory notes — expert evidence inadmissible to define tariff wording but may assist on factual characteristics — classification of PVC panels as cellular plates under TH 3921.12; application of GIRs and three‑stage taxonomy.
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24 March 2023 |
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Unsigned document did not meet s2(3) Wills Act requirements; declaratory order refused and costs ordered from the estate.
Wills Act s 2(3) – unsigned/undated document – jurisdictional requirements: drafted/executed by deceased and testamentary intention; ‘drafted’ requires personal act; evidence and probabilities; costs from estate.
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24 March 2023 |
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Default judgment awarding R2,032,000; RAF serious‑injury assessment is administrative; contingency fee agreement invalid.
Civil procedure – default judgment – defendant's defence struck out and no appearance – court accepts viva voce evidence under Rule 38(2). Road Accident Fund – "serious injury" threshold – administrative assessment under RAF Regulations; courts should not make the RAF serious-injury determination and general damages should be separated and referred. Quantum of damages – court may refuse to be bound by actuarial calculations and may award a globular sum where actuarial assumptions lack evidential support. Evidence – acceptance of medico-legal, neuropsychological, occupational reports as logically reasoned to establish injuries and loss of earning capacity. Contingency fees – contingency agreement non-compliant with Contingency Fees Act (s3) is invalid.
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24 March 2023 |
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High Court may set aside a magistrate’s subpoena as an abuse of process where it would undermine pending civil proceedings and confidentiality.
High Court inherent jurisdiction to set aside magistrates’ subpoenas where abuse of process; subpoena duces tecum; conflict between civil confidentiality regime and criminal process; pending leave to appeal suspends operation of order (s18(1) Superior Courts Act); urgency of setting aside subpoena vs. urgency of contempt relief.
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24 March 2023 |
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Whether the respondent raised bona fide, triable defences to a R57 million summary judgment claim under a procurement agreement.
• Civil procedure – summary judgment (Rule 32) – strict compliance and onus on applicant to show no bona fide defence.
• Procurement law / public finance – compliance with procurement policy and PFMA; validity of commercial agreements procured outside competitive process.
• Constitutional law – alleged contravention of s217 and PFMA raises triable issues.
• Evidence/quantum – dispute regarding proper basis for R57 million claim given prior payments of about R9 million per machine.
• Pleadings/formalities – sufficiency and mandate for opposing affidavit under Rule 32(4).
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23 March 2023 |
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Disputed factual assertions about an alleged oral servitude require referral to oral evidence; matters not decided on the papers.
Vindicatory relief – eviction and removal of improvements – respondent alleges oral agreement/servient tenement; validity under Alienation of Land Act; disputed facts – Plascon-Evans – referral to oral evidence; costs reserved
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23 March 2023 |
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A consensual withdrawal of proceedings renders interim orders in those withdrawn proceedings inapplicable to fresh proceedings; no res judicata arose.
Civil procedure – withdrawal by consent – effect on interim orders; res judicata and issue estoppel – interim orders in withdrawn proceedings; Rule 46A – court's duty to obtain evidence for proportionality before special execution; bona fide dispute of indebtedness; costs on attorney-and-client scale.
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23 March 2023 |
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Court may stay arbitration pending review where compelling prejudice shows a party lacked consent to arbitrate.
Arbitration — jurisdiction — competence‑competence — extent of court's power to stay arbitration pending review of arbitrator's jurisdictional ruling. Arbitration Rules — Article 24(3) — arbitrator's power to continue proceedings not peremptory; court may intervene in clearest cases to prevent prejudice. Contract formation/pleading — arbitration clause must be properly pleaded; reliance on an unpleaded or unsigned agreement may render submission to arbitration disputed. Interim relief — urgency and irreparable harm — stay granted where prejudice to resisting party outweighs prejudice to pro‑arbitration party.
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22 March 2023 |
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Leave to appeal refused: properties fall within SALA and refusal to consent to subdivision was lawful.
Subdivision of Agricultural Land Act 70 of 1970 – definition of "agricultural land" and statutory exclusions – competency of declaratory relief; review of administrative refusal to consent to subdivision – Superior Courts Act s17 leave to appeal standard; requirement of reasonable prospects or important question of law for SCA leave.
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22 March 2023 |
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Pension payouts during marriage in community of property form part of the joint estate; forfeiture requires proof of undue benefit.
Family law – Marriage in community of property – Pension payout during marriage accrues to joint estate. Divorce Act s 9 – Forfeiture of patrimonial benefits – requires pleading and proof of nature, extent and undue benefit. Civil procedure – replication/plea in reconvention – bare denial not required where legal consequences are clear and assets have accrued to joint estate. Relief – equal division of joint estate; allocation of pension interest; parental responsibilities and maintenance orders.
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22 March 2023 |
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Applicant's recusal dismissed: unconfirmed hearsay allegations failed to demonstrate a reasonable apprehension of judicial bias.
Recusal — reasonable apprehension of bias — SARFU double-reasonableness test — reliance on hearsay/double hearsay and media reports — case manager presiding — tactical recusal abuse — costs on attorney-and-client scale — referral to Legal Practice Council.
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22 March 2023 |
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Default judgment granted; expert affidavit evidence accepted; 'serious injury' referral under RAF Regulations; future loss quantified at R4,780,539.33.
Default judgment – respondent barred for failing to plead; admission of expert medico-legal evidence under Rule 38(2); RAF Regulations – 'serious injury' assessment administrative and to be referred; causation and quantification of minor's future loss of earnings; contingency deductions applied (40% uninjured; 27.5% injured).
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22 March 2023 |
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Leave to appeal refused where suspension for nondisclosure was rational and grounded in the employer's code of conduct.
Administrative law – leave to appeal under Superior Courts Act s17 – internal codes of conduct as flexible guidelines – suspension for failure to disclose material information – rationality review of suspension – ex post facto reasoning.
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22 March 2023 |
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Forfeiture ordered where spouse deserted family, made no contributions and would otherwise receive an undue benefit.
Divorce Act s9(1) – forfeiture of patrimonial benefits; application of Wijker test (benefit and undue benefit) – de facto duration and circumstances of breakdown; non-contribution and misconduct as grounds for forfeiture; costs follow result.
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20 March 2023 |
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Rescission refused where delay unjustified and defences lacked bona fides to avoid enforcing a foreign consent judgment.
Enforcement of foreign consent judgment; rescission of default enforcement order; delay and condonation; requirement of full explanation; bona fide defence threshold; consent orders binding absent fraud or justus error; SARB/exchange control allegations; Protection of Businesses Act; abuse of process; punitive costs (attorney-and-client).
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20 March 2023 |
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Leave to appeal granted on novel interpretation of s20 AQA despite lacking reasonable prospects, due to compelling public interest.
Administrative law – statutory interpretation – section 20 of the National Environmental Management: Air Quality Act (AQA) – whether regulation-making power is discretionary or mandatory. Civil procedure – leave to appeal – section 17 Superior Courts Act – threshold for reasonable prospects of success versus compelling reasons to appeal. Environmental law – novel constitutional and public interest issues arising from interpretation of regulation-making powers in environmental statutes.
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20 March 2023 |
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Court authorised sale in execution without reserve and dismissed leave to appeal for lack of prospects and procedural defects.
Rule 46A(9)(c) – reconsideration of reserve price after unsuccessful sale; execution against immovable property – sale without reserve; s26 Constitution – protection for indigent debtors; Superior Courts Act s17 – requirements for leave to appeal; jurisdictional and procedural prerequisites for appeals.
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20 March 2023 |
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Exception upheld: tender-based damages claim must generally proceed under PAJA, not delict; costs awarded against defendant.
Administrative law – tender disputes – whether a tenderer’s claim for compensation for state misconduct lies in delict or under PAJA; exception for failure to disclose cause of action; procedural abuse – delay in setting exception down; costs where winning party raises dispositive authority belatedly.
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20 March 2023 |
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Appellate court reduced the appellant’s sentence for reliance on inadequate reports and untested victim evidence, finding sentencing misdirection.
Criminal law — Sentencing — Minimum sentence regime (s51) — Substantial and compelling circumstances — Need for cumulative consideration and individualisation — Adequacy of pre-sentence reports — Admissibility and testing of victim’s sworn evidence at sentencing — Appellate interference for sentencing misdirection.
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20 March 2023 |
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Liquidators proved locus standi, insolvency and advantage to creditors; final sequestration granted with attorney-and-client costs.
Insolvency Act s9(1) and s12(1) – locus standi of liquidators – liquidated claim threshold; bona fide and reasonable dispute of indebtedness; use of s417 inquiry transcript; misappropriation of company funds; factual insolvency; advantage to creditors; attorney-and-client costs ordered in sequestration.
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20 March 2023 |
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Master’s failure to decide or give reasons on will addendums was reviewable; relief granted and State ordered to pay attorney-and-client costs.
Administration of estates – Master’s duty to accept, refuse or endorse wills and addendums – Administrative action reviewable under PAJA and Constitution s 33 – Duty to give written reasons – Failure to decide or provide reasons amounts to reviewable administrative omission – Personal costs (de bonis propriis) permissible in exceptional cases but not warranted absent malice – Costs awarded against State on attorney-and-client scale.
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20 March 2023 |
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A notified litigant who elects not to participate cannot rescind an order under Rule 42(1)(a); appeal is the proper remedy.
• Civil procedure – Rescission – Rule 42(1)(a) (absence) vs Rule 42(1)(c) (common mistake); notice and participation requirements.
• Condonation – lateness assessed in the interests of justice (Ferris).
• Where a litigant is notified and elects not to participate, Rule 42(1)(a) is unavailable; erroneous orders are to be challenged on appeal.
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17 March 2023 |
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Whether a court-ordered settlement novated the original debt and whether the debt had prescribed under the Prescription Act.
Rule 41(4) – Entry of judgment on written settlement made an order of court; Prescription Act s11(a)(ii) – court order treated as judgment debt (30-year prescription); Novation – presumption against novation, onus on party alleging it; Rescission (Rule 42(1)(c)/common law) – requirement of common mistake, reasonable explanation for default and bona fide defence with prospects of success; Court’s discretion to disregard affidavits filed without leave.
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17 March 2023 |
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Convictions set aside due to unrecorded in loco observations and a fatal chain-of-custody discrepancy undermining forensic evidence.
Firearms Control Act — possession of firearm and ammunition; Evidence — inspection in loco — presiding officer must record observations; Evidence — chain of custody/forensic report — exhibit numbering discrepancy fatal to linking seized item to report; Standard of proof — where defence evidence may reasonably be true, accused entitled to acquittal (reasonable possibility test); Fresh evidence on appeal (s 309B(5)(a)) — appellate assessment of credibility and correct standard of proof.
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17 March 2023 |
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Rescission refused where applicant failed to prove procedural error or non‑service of s129(1) notice, and registrar‑grant allegation was unsubstantiated.
Rule 42(1)(a) – rescission requires a fact or procedural irregularity unknown to the judge when granting judgment; National Credit Act s129(1)/s130 – notice and court involvement before enforcement; service to agreed domicilium; Registrar v Judge – allegation that Registrar granted order must be supported by evidence; unfounded in-court allegations by counsel may be referred to Legal Practice Council.
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17 March 2023 |
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17 March 2023 |
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Leave to appeal refused where the first respondent failed to show reasonable prospects that internal estate roads are private.
Property/municipal law – classification of internal estate roads as public or private – evidentiary burden to show roads are registered private erven. Municipal/administrative law – access control under an amendment scheme does not confer private ownership; restriction of public access requires statutory authority (s43 Rationalisation of Local Government Affairs Act). Civil procedure – leave to appeal – Superior Courts Act test: reasonable prospects of success; appeal must have a realistic chance of success. Precedent – Mount Edgecombe distinguished; CDA Boerdery’s scope limited regarding implied repeal of older ordinance provisions.
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17 March 2023 |
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Hospital held liable for negligent midwifery leading to retained placental tissue, puerperal sepsis and fourth‑degree perineal tear.
Medical negligence – midwifery care – failure to properly deliver and inspect placenta and membranes – discharge with retained products of conception. Causation – retained products leading to puerperal sepsis causing delayed episiotomy healing and pelvic injury – factual causation on balance of probabilities. Evaluation of expert evidence – application of Bolitho/Michael principles. Hospital liability – omission by midwives and failure to obtain medical assessment prior to discharge; costs awarded.
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16 March 2023 |