|
Citation
|
Judgment date
|
| May 2023 |
|
|
Plaintiff rendered quadriplegic by collision; RAF held 100% liable and ordered to pay loss of earnings, general damages and Section 17 undertaking.
Road Accident Fund – liability for injuries caused by negligent insured driver – defendant liable where third party negligence proven. Causation – ‘sine qua non’ and flexible approach; injuries (C3/C4 fractures) linked to collision. Quantum – admission of medico-legal reports under Rule 38(2); WPI 83%; actuarial computation and judicial discretion in assessing loss of earnings and general damages. Section 17(4)(a) undertaking for future medical/hospital accommodation and treatment.
|
31 May 2023 |
|
Winding-up application dismissed because bona fide disputes about indebtedness and lack of proof of inability to pay were shown.
Companies Act – winding-up – section 344(f) and 345(1)(a),(c) – creditor’s claim and demand prior to petitioning the court. Insolvency – commercial insolvency and inability to pay debts – requirement to show liquid assets to meet liabilities as they fall due. Civil procedure – bona fide disputes of fact on the papers – defeats compulsory liquidation; winding-up is a drastic discretionary remedy. Evidence – oral agreement and disputed invoices/payments raise material factual disputes not resolvable on affidavit.
|
31 May 2023 |
|
An oral agreement dividing immovable property can be enforced via a court‑appointed agent acting with written authority under section 2(1).
Civil procedure – exception – test on exception: whether on all possible readings no cause of action exists; Family law/estate division – deed of settlement appointing receiver/liquidator as agent to effect distribution; Property law – Alienation of Land Act s2(1) – requirement of written deed and written authority of agent; Specific performance – enforceability of oral agreement via court-appointed agent.
|
31 May 2023 |
|
Court awards R5,794,050 for future loss of earnings to minor after traumatic brain injury, applying a 25% contingency.
Road Accident Fund — admitted liability; dispute confined to quantum (future loss of earnings). Assessment of future loss of earnings for a minor — reliance on multidisciplinary expert evidence and actuarial valuation. Application of contingency deductions — child claimant, pre- and post-morbid trajectories, court discretion (25% applied). Section 17(4)(a) undertaking and establishment of trust for minor's award; general damages postponed sine die.
|
31 May 2023 |
|
Reported
Failure to provide Rule 49(13) security renders appeal steps irregular; Rule validly grounded in courts’ procedural and constitutional powers.
Civil procedure – appeals – Rule 49(13) – appellant required to enter into security for respondent's costs unless waived or court-ordered release; failure to comply renders appeal steps irregular. Rule-making power – Rules Board – procedural rules regulating practice and procedure validly promulgated; requirement for security grounded in courts' inherent/common-law powers and section 173 of the Constitution. Judicial discretion – court granting leave to appeal may release appellant wholly or partially from security obligation.
|
30 May 2023 |
|
Assessment of future loss for a minor with traumatic brain injury and post‑traumatic epilepsy; 25% contingency and RAF s17(4)(a) trust ordered.
Road Accident Fund — liability admitted; quantum only — future loss of earning capacity for a minor with traumatic brain injury and post‑traumatic epilepsy. Calculation of future loss — actuarial valuation, application of contingency deduction (court applied 25%). Section 17(4)(a) RAF undertaking — defendant to furnish undertaking for future treatment and trust administration costs. Default procedure/Rule 38(2) — court proceeded in defendant's absence to determine quantum. Trust for minor — trustees, security to Master and trust administration costs to be borne by defendant.
|
30 May 2023 |
|
Hague return application dismissed: habitual residence Canada, but return would expose child to an intolerable situation.
Hague Convention (Child Abduction) – habitual residence – Canada found to be child’s habitual residence. Article 12 – application within one year; Article 12(2) "settled" inquiry inapplicable. Acquiescence – absence of consent by left‑behind parent; prompt legal action. Article 13(b) – grave risk/intolerable situation – established on developmental/medical grounds. Expert evidence – duty to provide independent, reasoned opinions; inadequate expert report criticised. Costs – no order against Central Authority or left‑behind parent.
|
29 May 2023 |
|
Applicant failed to prove the insured driver’s negligence; claim dismissed with absolution from the instance.
Road Accident Fund – claim for loss of support – proof of negligence required to establish RAF liability Negligence – standard judged by totality of facts and conduct of reasonable driver (Rondalia) Sudden-emergency doctrine – split-second reactions may absolve driver of negligence (Ntsala) Evidentiary sufficiency – accident report and sworn statement assessed; plaintiff failed to establish liability
|
29 May 2023 |
|
Appellant's late postponement refused; Tax Court should have proceeded in appellant's absence and altered assessment under s129(2).
Tax — Postponement — discretionary refusal — bona fides, tardy notice, and prejudice — appellate interference limited. Tax — Tax Court jurisdiction — proceedings in absence of appellant — Rule 44(7) and s129(2)(b) TAA permit alteration of assessment on uncontested evidence. Withdrawal — absence of counsel not equivalent to formal withdrawal under Rule 46.
|
29 May 2023 |
|
Default judgment based on Rule 38(2) affidavits was not erroneously granted; rescission refused and costs awarded.
Civil procedure – rescission under Rule 42(1)(a) – default judgment – effect of notice of bar for failure to plead – proof by affidavit under Rule 38(2) permissible – requirement for mistake existing at time of judgment.
|
29 May 2023 |
|
Interim court protection against electricity disconnection remains until contractual/administrative dispute resolution is exhausted.
Electricity supply — interim interdict — effect of prior court order — requirement to exhaust contractual dispute-resolution processes (clause 31, Complaint Handling Process) — meter verification obligations — limits on termination under s21(5) Electricity Regulation Act.
|
26 May 2023 |
|
Whether the respondent is bound by rental agreements concluded by his agent and liable for amounts, interest and costs.
Agency – authority of agent (wife) to conclude contracts; Pleadings – requirement to plead lack of authority as a special defence; Evidence – proof of signature and delivery; Credibility findings; Rectification of contract commencement date; Costs – attorney and own client scale.
|
26 May 2023 |
|
Over a decade’s delay and nondisclosure precluded varying the divorce order to award half the respondent’s pension interest.
Family law — Divorce — Variation of final divorce order under Rule 42(1)(b) — Whether omission in original order justifying variation — Divorce Act s7(7) and s7(8) — Pension interests deemed part of joint estate; court may order pension fund to pay to non-member — Delay/laches and failure to disclose estate particulars — Exercise of judicial discretion to refuse relief.
|
26 May 2023 |
|
Variation of decade‑old divorce order for half of respondent's pension denied due to delay and insufficient evidence.
Divorce – variation of final order – Rule 42(1)(b) – omission/ambiguity/patent error – section 7(7) and 7(8) Divorce Act – pension interests deemed part of joint estate; court may order pension fund to pay non‑member spouse – inordinate delay/condonation – need for disclosure of joint estate and both spouses’ pension interests; discretion to refuse relief where prejudice and insufficient evidence exist.
|
26 May 2023 |
|
Arrest without warrant was lawful where a prior registered Schedule 1 complaint and superior’s instruction supplied reasonable suspicion.
Unlawful arrest; s 40(1)(b) Criminal Procedure Act; reasonable suspicion and reasonable grounds; arrest on superior's instruction; no duty to investigate or read complainant's statement before arrest; Schedule 1 offences; bona fide arrest and detention.
|
26 May 2023 |
|
An RAF appeal decision was set aside where the tribunal lacked appropriate medical expertise and acted unfairly.
Administrative law – Review of Road Accident Fund Appeal Tribunal decision – Tribunal composition – Regulation 3(8)(b) requires medical practitioners with expertise appropriate to the injuries (psychiatry where psychiatric injury alleged).; Consideration of irrelevant material – reliance on orthopaedic report for psychiatric injury and failure to follow RAF4/ narrative-test procedure.; Procedural fairness and bias – Tribunal’s refusal of further assessment, failure to allow appropriate expert participation and statements suggesting partiality – review and remittal ordered.; Remedy – decision set aside and rehearing by properly constituted Appeal Tribunal.
|
26 May 2023 |
|
A mere unilateral withdrawal of consent does not prevent a valid settlement agreed in litigation from being made an order of court.
Civil procedure – settlement agreements – incorporation of settlement into court order where parties agreed compromise; Eke criteria for incorporation; unilateral withdrawal of consent (change of mind) does not prevent enforcement where validity not attacked; pacta sunt servanda and abuse of process justifying punitive costs.
|
26 May 2023 |
|
Leave to appeal granted to clarify tariff classification under TH73.04, especially "alloy" and "of a kind" issues.
Customs & Excise – Tariff classification – TH73.04 – Interpretation of "alloy"/"non‑alloy" – Meaning of "of a kind used for oil or gas pipelines" – Leave to appeal under s17(1)(a)(ii) Superior Courts Act to clarify classification principles.
|
26 May 2023 |
|
Review of tender award dismissed for lack of factual irregularity, PAIA non-compliance, and failure to show material prejudice.
Procurement law – review of tender award; PPPFA and PAJA grounds; PAIA procedural compliance and internal remedies; Rule 53 disclosure; requirement to file answering affidavit; Allpay materiality test for tender irregularities.
|
26 May 2023 |
|
Leave to appeal convictions granted due to concerns about admissibility and sufficiency of evidence; leave to appeal sentences refused.
Criminal law – confession – admissibility – section 219 Criminal Procedure Act prohibits one person’s confession being admissible against another; passive assent (nodding) cannot be treated as confession without supporting authority. Evidence – robbery – insufficiency where property merely found missing after the killing with no proof of prior possession or removal by accused. Appeal procedure – prospects of success test (Smith v The State) – leave to appeal convictions granted, leave to appeal sentences refused.
|
26 May 2023 |
|
Whether joint‑possession convictions and the 25‑year robbery sentence are appealable, and whether accomplice and phone‑analysis evidence were properly admitted.
Criminal law – robbery with aggravating circumstances and use of explosives – common purpose liability and proof beyond reasonable doubt. Evidence – accomplice evidence (section 204 witnesses) – inconsistencies do not automatically render testimony unreliable; cautionary approach applied where appropriate. Evidence – admissibility and reliance on private cellphone/telecommunications analyst (former police officer employed by complainant). Criminal law – joint possession of firearms and ammunition – test requires exclusion of reasonable inferences other than joint possession; prospects of appeal on those counts exist where accused was not at the scene. Sentencing – prescribed minimum sentences, proportionality and whether a 25‑year sentence induces a sense of shock.
|
26 May 2023 |
|
Leave to appeal refused: applicant lacked realistic prospects of success and filed contradictory affidavits.
Appeal — leave to appeal — section 17 Superior Courts Act — heightened threshold: real prospects of success required; contradictory affidavit evidence undermines prospects; costs on attorney-and-client scale.
|
25 May 2023 |
|
Appeal dismissed: probabilities and lack of corroborative/ballistic evidence support respondent’s accidental‑discharge defence.
Delict — Alleged assault and shooting by police officer; mutually destructive versions resolved on probabilities; accidental discharge pleaded vs self‑defence; need for ballistic expert evidence to determine trajectory; corroboration and credibility assessed against conduct (flight/resistance).
|
25 May 2023 |
|
Share transfer void for lack of CPA-authority; lis pendens defence rejected; defective removal notice precluded compulsory meeting.
Communal property association — authority to dispose of immovable property — CPA constitution and s 12 CPA Act require special resolution at properly convened special general meeting (voting by heads of household); purported share transfer void for lack of authority. Lis alibi pendens — prior action concerning loan enforcement not substantially identical or determinative of present challenge to share transfer; discretion to hear urgent/separable issue. Companies Act — s61(3)/s71 demand to convene meeting to remove directors must include a statement of reasons with sufficient specificity; defective demand cannot be compelled by court. Costs awarded to successful applicant.
|
25 May 2023 |
|
Applicant proved sale and unpaid invoices; no bona fide factual dispute of a tacit medical‑quality term; first respondent ordered to pay R2,000,000.
Contract – sale of goods – claim for payment of invoices; dispute of fact on motion – Plascon‑Evans/Room Hire principles; tacit/implied term – fitness for medical purpose; evidentiary value of test reports/hearsay; liability of second respondent.
|
25 May 2023 |
|
Applicant awarded R650,000 general damages after court weighed contradictory expert reports on arm, spinal and mild head injuries.
Road Accident Fund – assessment and quantification of general damages – evaluation and weighing of contradictory expert evidence (orthopaedic, spinal and head injury reports) – relevance of signed, field-appropriate expert opinions – use of comparable awards in quantum assessment.
|
25 May 2023 |
|
Accident-related neurological, ophthalmic and psychological injuries materially reduced earning capacity; court awarded R2,010,716.65.
Road Accident Fund – loss of earnings – causal link between accident-related head, ocular and psychological injuries and diminished earning capacity – actuarial quantification – court’s discretion on contingency deductions (20%/10% applied) – award of R2,010,716.65 plus costs.
|
25 May 2023 |
|
An incomplete, improperly reconstructed trial record infringed the appellants' right to a fair appeal; conviction set aside.
Criminal procedure – Reconstruction of trial record – Incomplete reconstructed record containing missing evidence in chief and cross‑examination – Right to a fair trial and fair appeal – Lost magistrate notes and unavailable prosecutor – Improper reconstruction – Conviction and sentence set aside.
|
25 May 2023 |
|
Applicant granted direct leave to appeal to the SCA due to conflicting interpretation of Prevance regarding Fidelity Fund exclusions.
• Civil procedure – Leave to appeal – s17(1)(a)(ii) Superior Courts Act – compelling reason where conflicting interpretations of binding SCA authority exist; • Attorneys Act – ss26(a) (entrustment) and 47(1)(g), 47(5)(b) (Fidelity Fund exclusion) – whether exclusions and entrustment were correctly applied/determined; • Appeal route – direct grant of leave to SCA appropriate where SCA precedent at issue.
|
24 May 2023 |
|
Delay in reporting by a child does not preclude conviction; life sentence upheld absent substantial and compelling circumstances.
Criminal law – Sexual offences – Rape of child under 16 – Delay in reporting does not automatically undermine credibility (s 59 SOA); corroboration and J88 admissible. Evidentiary issues – Threats, authority and vulnerability can explain delayed reporting; false-implication defence rejected where contradicted by witnesses. Sentencing – Mandatory life sentence under s 51(1) read with Part 1 of Schedule 2; no substantial and compelling circumstances to deviate (Malgas/Dodo principles).
|
24 May 2023 |
|
A negotiated 1% per week bridging rate was not usurious; loan agreements enforceable and judgment granted with execution and rental cession.
Usury — common-law test requires proof of extortion, oppression or conduct akin to fraud; high nominal rates are not per se usurious; bridging finance — market-related high rates may be enforceable; constitutional challenge to contract terms (ss 22, 25) rejected where no infringement shown; security enforcement and cession of rentals upheld; costs on attorney-and-client scale.
|
23 May 2023 |
|
Unsigned subcontract can be binding by conduct; director not personally liable absent proper pleaded basis.
Contract law – formation: unsigned written documents can be binding where conduct shows agreement; ticket/quasi-assent principles applied. Pleading: particulars must disclose causa and not be vague or embarrassing. Vicarious liability: not a basis to impose personal contractual liability on a director acting as agent absent pleaded facts or delict. Joint and several liability: must be expressly pleaded or factually established to displace presumption of joint liability.
|
23 May 2023 |
|
Court set aside executrix appointment on fairness grounds; Master’s letter was not a PAJA-reviewable s54(2) notice.
Administration of Estates Act s54 – removal of executor – scope of Master’s powers and court’s power to remove an executor; notice requirement under s54(2). Administrative law – applicability of Promotion of Administrative Justice Act (PAJA) to Master’s alleged failure to decide; letter not a s54(2) notice and PAJA inapplicable. Executors – test for removal by court: dishonesty, gross inefficiency or untrustworthiness likely to prejudice estate; mere bigamy-based appointment error insufficient. Equity and fairness – hostility between interested parties and fairness to beneficiaries can justify setting aside an executrix’s appointment where continuation may prejudice estate administration.
|
23 May 2023 |
|
Service at a close corporation’s registered office is valid and its registered office confers High Court jurisdiction.
Close corporations — service at registered office valid under s25(2) Close Corporations Act and Rule 4(1)(a)(v); domicilium citandi does not preclude other lawful service; registered office confers jurisdiction; dual jurisdiction principle applies to close corporations; section 34 access to courts supports dual jurisdiction.
|
23 May 2023 |
|
An unnecessary Rule 35(7) application after discovery was provided amounted to abuse; applicant ordered to pay attorney‑and‑client costs.
Rule 35(7) — discretionary remedy; sub‑rules (1) and (3) must be exhausted before invoking (7). Costs de bonis propriis — prior notice to legal representatives required; exceptional conduct required to justify punitive costs. Abuse of process — unnecessary interlocutory application and prolix filings may attract attorney‑and‑client costs.
|
23 May 2023 |
|
Court reinstated review order and awarded costs after respondent failed to file answering affidavit and unjustifiably delayed opposition.
Administrative law – Judicial review – Decision to re-run internal election – Decision reviewable where premised on erroneous factual/legal basis; Civil procedure – Defaulting respondent granted indulgence to oppose subject to filing affidavit – failure to comply justifies upliftment of suspension and costs; Judicial discretion – refusal of further postponement where no prospects of success or prejudice shown.
|
23 May 2023 |
|
Appellate court reduced rape sentence due to appellant's intellectual impairment and manipulation, upheld concurrent porn distribution sentence.
Criminal law – sentencing – appeal against sentence – misdirection by sentencing court – appellate interference justified where discretion exercised unreasonably. Sentencing – minimum and prescribed sentences for rape of a minor – consideration of substantial and compelling circumstances. Mitigation – intellectual impairment and susceptibility to manipulation as factors reducing blameworthiness. Distribution of child pornography – sentence affirmed; concurrent ordering of sentences (s 280 CPA). Plea in terms of s 112(2) CPA – admissible plea explanation and its relevance to sentencing.
|
23 May 2023 |
|
Appellate court upheld robbery conviction but found no proof of grievous bodily harm, reducing sentence from 15 to five years.
Criminal law – Robbery – elements and single-witness evidence – caution in convicting on single witness but permissible if properly evaluated. Aggravating circumstances – grievous bodily harm – requirement of medical or sufficient evidence to invoke minimum sentencing under s51(2) Criminal Law Amendment Act. Minimum sentences – where aggravating circumstances not proved, prescribed minimum does not apply and sentence must be reconsidered. Sentencing – application of triad (crime, offender, society), mitigation, previous convictions, time already served and antedating of sentence.
|
23 May 2023 |
|
Leave to appeal granted because factual and credibility disputes raise reasonable prospects another court may decide differently.
Leave to appeal — defamation and retraction orders — final vs interim interdict — material disputes of fact on affidavit — applicability of National Credit Act to juristic person transactions — rescission of consent order (Rule 42) and inordinate delay — compelling reasons and prospects of success for leave to appeal.
|
23 May 2023 |
|
Pretoria High Court has jurisdiction to review municipal trustee appointments where the Master in Pretoria effected the appointments.
Administrative law – judicial review – jurisdiction – effect of Master of the High Court’s appointment of trustees – section 21(2) Superior Courts Act – locus of trust records and domicilium citandi relevant to jurisdictional connection.
|
22 May 2023 |
|
A public school was liable for learners' injuries from a collapsing gate due to negligent construction, oversight and supervision.
Public school liability; vicarious liability of MEC for school staff; duty of care and supervision of learners; construction defects and non‑compliance with SANS 10‑400; site safety and quality control; causation for injuries from collapsing gate.
|
22 May 2023 |
|
Leave to appeal granted where applicant raised triable issues and there was a reasonable prospect a full bench might differ.
Civil procedure – Leave to appeal – Section 17(1) Superior Courts Act 10 of 2013 – elevated threshold ('would' have reasonable prospects) – leave granted where triable issues and reasonable prospect another court may differ. Rescission applications – assessment of factual matrix and proper application of rules. References to Housing Protection Measures Act and National Home Builders Registration Council raised but determination left for appeal.
|
22 May 2023 |
|
Writ of execution for minor-children maintenance set aside where children attained majority and respondent lacked locus standi to enforce post-majority sums.
Family law – maintenance orders – effect of children attaining majority; enforcement – writ of execution issued by Registrar must conform to operative court order; locus standi – adult children have standing to claim maintenance themselves; Registrar’s duty to interrogate writ; continuity of maintenance after majority limited to necessaries and requires fresh enquiry.
|
19 May 2023 |
|
Whether the respondent is liable for injuries when the applicant was pushed from a moving train with open doors.
Rail operator duty of care – commuter safety – open carriage doors and lookout duties of metro guards – negligent omission – vicarious liability – causation established – contributory negligence not proved (Mashongwa applied).
|
19 May 2023 |
|
Contract for state procurement breached PFMA/s217; MRA declared invalid ab initio and plaintiff’s claim dismissed.
Public procurement — s 217 Constitution & PFMA s 38(1)(iii) — requirement for fair, equitable, transparent, competitive and cost‑effective system; security cession (cession in securitatem indebiti) — pledge vs fiduciary theories and effect on cedent’s rights and locus; contract termination and effect of lawful cancellation; constitutional remedy under s 172(1) — declaration of invalidity and just and equitable remedial orders.
|
19 May 2023 |
|
Late PAJA review dismissed: applicant’s deliberate non‑participation, lack of evidence of bad faith, and inordinate delay led to refusal of condonation.
Administrative law — PAJA review — delay and condonation — 180‑day rule — adequacy of explanation for delay and prospects of success; Employment removal — statutory power of Board under s 21(4) FAIS Act to remove deputy ombud for misbehaviour/incapacity/incompetence; Procedural fairness — audi alteram partem and consequences of deliberate non‑participation in disciplinary enquiry; Ulterior motive/unauthorised dictates — insufficient evidence to impugn decision; Rationality — decision rationally connected to enquiry findings.
|
19 May 2023 |
|
Appeal against life sentence dismissed; appellant's mitigation insufficient to constitute substantial and compelling circumstances.
Sentencing — Minimum prescribed sentence of life imprisonment for murder — Requirement of substantial and compelling circumstances to deviate — Appellate interference only for misdirection or manifestly disproportionate sentence — Common purpose and joint participation in drugging, robbery and resultant death.
|
19 May 2023 |
|
Bars and the GCB retain common-law standing to investigate and institute striking-off proceedings despite the LPA; advisory note not reviewable under PAJA.
Legal Practice Act – transitional arrangements – interpretation of s116(1)-(2) vis-à-vis common-law standing of Bars; Administrative law – PAJA – whether advisory note constituted administrative action; Inherent jurisdiction – High Court’s power to adjudicate disciplinary matters and to determine applicant standing; Custos morum – LPC is primary regulator but not exclusive; Concurrent jurisdiction – Bars and GCB may investigate and initiate striking-off applications (subject to Court’s control).
|
19 May 2023 |
|
Applicant granted urgent interdict preventing tenant’s illegal electricity reconnection; disconnection did not constitute spoliation.
Urgent application – landlord as electricity reseller – lawful disconnection for non-payment – illegal reconnection by tenant – mandament van spolie inapplicable to electricity disconnection – procedural deficiency of counterclaim.
|
18 May 2023 |
|
Reported
A section 131(6) business rescue order suspends but does not terminate liquidation; post‑liquidation dispositions remain void.
Companies Act s131(6) – effect of business rescue order on existing liquidation; suspension not termination; concursus creditorum remains intact; dispositions after final winding‑up void ab initio (s341(2)) and cannot be validated by subsequent business rescue.
|
18 May 2023 |