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Citation
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Judgment date
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| September 2023 |
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Master exceeded his limited prima facie role by adjudicating a secured creditor’s claim and admitting late claims contrary to s44(4).
Insolvency Act s44(4) – peremptory 24‑hour lodgement rule for proof of claims at first meeting; presiding officer’s role limited to prima facie proof — must not undertake full merits adjudication; s151 review of Master’s decisions; effect of post‑sequestration payments on creditor claims; review and setting aside of trustee‑appointment vote.
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29 September 2023 |
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Challenge to conditions attached to a Banks Act exemption dismissed; conditions held lawful, rational and within statutory power.
Administrative law – principle of legality – review of conditions attached to an Exemption under s 1(1)(cc) of the Banks Act; rationality and bona fides of regulatory conditions; interplay with the Financial Sector Regulation Act (s 131 directive); guarantees and depositor protection; alleged ultra vires and ulterior purpose challenges.
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29 September 2023 |
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Filing a Rule 53 record is automatically required on institution of review; relevant privileged material must be disclosed under protective measures.
Administrative law – review procedure – Rule 53(1)(b) record: obligation to produce record follows institution of review application (absent jurisdictional dispute). Administrative law – PAJA v principle of legality: whether investigatory decision constitutes administrative action is a merits issue for the review court, not for the record‑seeking stage. Evidence/privilege – deliberations with counsel: privileged material must be disclosed if relevant to the decision; protections (confidentiality/escrow) may be imposed. Constitutional rights – access to court (s34): production of record necessary for equality of arms and effective review.
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29 September 2023 |
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Pleadings alleging a partly written and oral service agreement with continuous performance were sufficiently pleaded; exception dismissed.
Civil procedure – exception to particulars of claim – whether pleadings disclose cause of action; Contract – partly written, partly oral agreement; invoices as written component; locatio conductio operis – time of performance generally material but may be implicit where services are to be rendered on request; Pleadings construed benevolently; exception inappropriate where no prejudice shown.
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28 September 2023 |
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Leave to appeal refused where applicants failed to show reasonable prospects of success; costs awarded.
Appeal — leave to appeal — requirement of reasonable prospects of success — application for leave considered and refused — costs awarded. |
28 September 2023 |
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Leave to appeal refused on novel s129(3) NCA issue; reinstatement upheld where payment was made for and accepted on respondents' behalf.
National Credit Act s129(3) – whether further cancellation notice required after judgment – res nova but insufficient for leave to appeal; Superior Courts Act s17(1)(a)(ii) – leave requires conflicting authority or compelling reasons; Reinstatement of home loan – payment made for and accepted on behalf of respondents; Mostert authority not supportive of applicant.
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28 September 2023 |
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Anton Piller order discharged: applicant failed to prove respondents possessed vital confidential data or would destroy it.
Anton Piller orders — confirmation — requirement to show strong prima facie case and that specified 'vital' evidence is in respondents' possession, with real risk of destruction; admissibility of supplementary affidavits in ex parte applications; final interdicts premised on alleged misuse of confidential information.
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28 September 2023 |
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Security officer's shooting was lawful private defence; plaintiff's claim dismissed with costs.
Private defence – security officer attending alarm call – whether force used to repel an imminently threatening attack was necessary and proportionate; assessment of credibility and probabilities in mutually destructive versions.
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28 September 2023 |
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Court granted leave to amend particulars, finding amendment bona fide and prejudice curable by costs.
Civil procedure – amendment of pleadings – Rule 28 – leave to amend to correct date and legislative basis of agreement; mala fides; prejudice; excipiability; factual disputes not to be determined in amendment applications; Rule 28(8) consequential adjustments.
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28 September 2023 |
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The applicant’s appeal against conviction and life sentence for child rape dismissed; no misdirection or substantial and compelling circumstances.
Criminal law – Sexual offences – Rape of a child under 16 – Single child witness evidence and application of cautionary rule – Identity not in dispute – Medical/forensic corroboration; Criminal procedure – Appeal against conviction and sentence – Appellate interference only for material misdirection; Sentencing – Minimum sentence life imprisonment under s51(1) – absence of substantial and compelling circumstances.
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28 September 2023 |
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Owner entitled to eviction; lessee’s improvement lien on farmland did not justify retention of possession.
Property; Eviction – owner’s rei vindicatio and unlawful occupation; Motion proceedings – Plascon-Evans rule on disputes of fact; Improvement lien/retention – limits on farmland and Placaaten principles; Joinder – necessary parties with direct and substantial interest; Costs – punitive attorney-and-client scale including two counsel.
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27 September 2023 |
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Amendment to attack an agreed auditor’s valuation failed; value-judgment criticisms do not justify setting aside an expert determination.
Company law – shareholders’ agreement – valuation of shares by independent auditor – expert determination generally binding; set-aside only for manifest injustice or patently inequitable result. Pleadings – amendment after exception upheld – proposed amendments must disclose a cause of action. Contract/mandate – breach of mandate by valuer appointed by one party does not create cause of action against counterparty.
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26 September 2023 |
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Leave to appeal refused where the applicant failed to show factual basis or reasonable prospect challenging the R40 million attachment.
Leave to appeal — test of reasonable prospects of success or compelling reason; review of attachment of funds — allegations of arbitrariness, irrationality and acting under dictation; deference to primary judgment where papers lack supporting facts.
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26 September 2023 |
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Tax authority failed to implement court-ordered correction of rebate calculation; court compels compliance and awards costs.
Administrative law – implementation of court orders – tax authority's duty to comply with judgment referring matter back to appeals committee to correct material errors and recalculate duties. Procedure – peremption and remedies – failure to seek Rule 42 rectification, rescission or appeal precludes later reliance on vagueness of order. Judicial enforcement – compliance relief granted; contempts reserved; costs on attorney-and-client scale including two counsel.
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23 September 2023 |
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Default judgment upheld; state-owned applicant failed to show good cause for rescission and faces punitive costs.
Adjudication award and re-submission of claim; rescission of default judgment — Rule 42(1)(a), common law and Rule 31(2)(b) requirements; reasonable explanation for default; bona fides and prima facie defence; state-owned entity not entitled to preferential treatment; punitive costs (attorney-and-client).
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22 September 2023 |
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Application for leave to appeal refused where no reasonable prospects of success or compelling reasons were shown.
Appeal — application for leave to appeal — whether reasonable prospect of success or compelling reasons to grant leave — refusal of leave and costs awarded to respondent.
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22 September 2023 |
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Provisional sequestration granted where reasonable prospect existed that investigation of director/trust structures would benefit creditors.
Insolvency – provisional sequestration (s 9(1) Insolvency Act) – benefit to creditors threshold low – reasonable prospect that investigation of directorships, trusts and juristic entities may reveal assets – nulla bona sheriff’s return not fatal – authorities: Meskin & Co v Friedman; Stratford v Investec; Investec v Le Roux; Corruseal.
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22 September 2023 |
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Court awarded R3,724,985 for loss of earning capacity, finding plaintiff employable but compromised and applying 15% and 50% contingency deductions.
Personal injury — quantum of damages — loss of earning capacity — employability assessment — conflicting industrial psychological reports — pre-morbid 15% and post-morbid 50% contingency deductions — Road Accident Fund — section 17(4) undertaking — costs including expert qualifying and reservation fees.
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22 September 2023 |
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Leave to appeal refused where amended pleadings were irregularly filed; condonation properly granted and punitive costs awarded.
Civil procedure – pleadings – amended notice of motion and supplementary affidavit filed without following Uniform Rules – irregular step; Deputy Judge President’s Directive interpreted restrictively; condonation for late Rule 30 – may be granted on pleaded common cause facts and oral application from the bar; punitive costs (attorney and client) appropriate to protect creditors and deter non‑compliance with rules.
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22 September 2023 |
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Leave to appeal granted where reasonable prospects exist and conflicting authority on municipal report requirement under PIE.
Civil procedure – leave to appeal (s 17(1)(a) Superior Courts Act) – PIE Act eviction – second‑leg enquiry (just and equitable) – weight of ownership v vulnerable occupiers – municipal report on alternative accommodation – conflicting authorities.
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22 September 2023 |
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The applicant failed to prove the respondent negligently missed a post‑operative infection causing amputation.
Medical negligence — total knee arthroplasty — alleged failure to recognise/treat post‑operative wound/joint infection; evaluation of credibility and reliability of witnesses; weight of contemporaneous clinical notes and expert evidence; causation requirement for amputation claim.
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22 September 2023 |
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Prescription should be raised by special plea; particulars were neither vague nor embarrassing, so exceptions dismissed with costs.
Civil procedure – exception to particulars of claim – prescription is ordinarily a defence for a special plea, not exception (Jugwanth). Exception for vagueness and embarrassment must attack whole cause of action; attacking specific paragraphs impermissible. Pleadings – plaintiff need not anticipate prescription; particulars of claim must set material facts with sufficient particularity.
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22 September 2023 |
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Leave to appeal refused where applicant failed to show reasonable prospects or factual basis for challenge to attachment of funds.
Application for leave to appeal — standard for granting leave (reasonable prospects or compelling reason) — challenge to attachment of funds on grounds of irrationality and acting under dictation — no factual basis found — application dismissed with costs.
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22 September 2023 |
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Applications for security for costs dismissed: no prima facie insolvency or vexatious abuse of process; incola presumption applied.
Rule 47 – security for costs; incola presumption that resident plaintiffs need not furnish security; exceptions: insolvency, vexatious litigation, abuse of process; delay and lack of bona fides in seeking security; burden to particularise allegations; attorney-and-client costs awarded against unsuccessful applicants.
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21 September 2023 |
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Whether defendants occupied the property lawfully under an alleged oral lease or unlawfully and liable for holding-over damages.
Property law – Holding over – Damages for unlawful occupation may be founded in contract, delict or unjustified enrichment; essential elements of lease; evidentiary requirements for oral leases; WhatsApp messages as evidence; lis pendens and discretion to proceed.
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21 September 2023 |
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Applicant failed to prove the projects director’s participation in or receipt of corrupt payments; claim dismissed with costs.
Delict — alleged corrupt payments to secure contracts — whether a projects director can be held jointly liable absent evidence of influence, receipt or knowledge of bribe funds; evidentiary sufficiency; late discovery/trial by ambush; assessment of witness credibility.
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21 September 2023 |
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Applicant awarded damages; respondent held 100% liable and future-earning award reduced by 25% contingency.
Motor-vehicle collision – passenger liability – respondent 100% liable where no contributory negligence proved; Evidence in absence of defendant – affidavit evidence permitted; Assessment of future loss of earning capacity – expert reports weighed against pre-accident employment history; Contingency deduction – increased where pre-accident employment prospects lack factual basis; Protective enquiry into claimant’s capacity to manage award where head injury suspected.
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21 September 2023 |
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The plaintiff pushed from an open-door moving train; the defendant railway held fully liable.
Railway passenger injury – carriage doors open – overcrowding – duty of care of rail operator to ensure doors closed and prevent disembarkation from moving trains – evidential corroboration by companion and hospital records – no contributory negligence.
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21 September 2023 |
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Intervening parties with residual interest obtained limited stays pending resolution of their locus standi and the Administrator’s appointment.
Company law – interim relief to stay execution of court-ordered winding-up and orders obtained ex parte; Locus standi – residual interest pending resolution of validity of Administrator’s appointment; Urgent interim relief – preservation of status quo; Attorney mandate – authority to represent clients; CIPC record amendments and practical effect on rescission/stay applications.
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21 September 2023 |
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A notice of intention to amend does not effect an amendment; unsubstantiated denials failed to defeat summary judgment.
Civil procedure – summary judgment; amendment of plea – Rule 28(5) & (7) – notice of intention to amend does not effect amendment without delivery of amended pages; opposing affidavit limited to pleaded defences; requirements to substantiate denials in summary judgment; liquidated claims under COIDA recoverable in summary judgment.
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20 September 2023 |
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Reported
Applicant failed to prove seconded staff were its employees; VAT exemption under s14(5)(d) not available.
* Tax law – VAT – imported services under s7(1)(c) – exemption under s14(5)(d) proviso (iii)(aa) – meaning of ‘employee’, ‘employer’ and ‘remuneration’ in Fourth Schedule to Income Tax Act determines applicability. Secondment arrangements – substance over form requires evidence of employer control and payment of remuneration to natural persons; contractual labels and agent payment arrangements are determinative. |
20 September 2023 |
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Particulars disclosed a cause of action; exception dismissed and proposed amendments granted with costs.
Arbitration (s12B PPA) – scope of arbitrator’s powers – arbitrator may interpret contract where terms of reference so require; competency of award not determinable on exception. Civil procedure – exception for failure to disclose cause of action – benevolent construction of pleadings required; exceptions are inappropriate where triable issues disclosed. Res judicata – defence requiring special plea and evidence; cannot be raised by exception to particulars of claim. Enrichment (condictio indebiti) – payment under protest must be pleaded but may be established by overall pleadings and complaints.
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20 September 2023 |
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Occupiers failed to prove a binding oral lease; eviction under PIE granted as just and equitable to realise insolvent estate.
Property law – ownership and occupation – evidential onus rests on occupier to establish lawful entitlement to remain (Chetty). Contract law – oral agreement via electronic messages – absence of signature by intended parties and lack of authority to bind principals defeats claim of concluded lease. Insolvency/trustees – trustees cannot be bound by one trustee acting without authority; trustees entitled to realise assets for creditors. PIE – court to consider just and equitable factors (duration, payment, vulnerability, availability of alternative land); eviction granted where occupiers are not destitute and occupation prejudices creditors. Procedure – undisputed facts permitting legal interpretation mean matter properly decided on motion, not sent to trial.
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20 September 2023 |
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Executive committee may validly appoint attorneys; belated Rule 7 challenge dismissed with costs.
Rule 7 – Validity of power of attorney; timeliness and bona fides of challenges. Statutory interpretation – s9(2) Allied Health Professions Act: executive committee empowered to act between council meetings, including appointing attorneys. Agency and ratification – procedural acts by unauthorised agents can be retrospectively ratified. Procedural conduct – unexplained delay and mala fides justify punitive costs.
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20 September 2023 |
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Court will not compel production of documents which the respondent swears do not exist; application struck from the roll.
Rule 35(6) – discovery and inspection – production of documents – court will not order production of documents sworn to be non-existent; procedural irregularity where Rule 35(6) application launched before discovery affidavit; striking application from roll; costs denied.
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20 September 2023 |
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A purported contingency-fee agreement that excludes the Act’s mandatory fee limitations is invalid and struck from the order.
Contingency Fees Act 66 of 1997 — validity of contingency fee agreements — parties cannot limit application to select provisions — section 2(2) fee limitations mandatory — SAAPIL precedent — access to justice.
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20 September 2023 |
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A loan agreement bound the close corporation despite one missing signature; track-and-trace satisfied section 129 delivery requirements.
Close corporations – authority to bind – s46(b)(iv) Close Corporations Act – three members holding 75% can bind close corporation; Contract validity – Turquand rule unnecessary where actual authority and conduct establish binding agreement; National Credit Act s129 – delivery by registered post and track-and-trace constitutes satisfactory proof; Certificate of balance and statement archive – prima facie proof of indebtedness; Suretyship – joint and several liability and contractual cap enforceable; Mortgage – immovable property declared specially executable.
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20 September 2023 |
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Circumstantial evidence of convoy, transferred bags and recovered rifles established conspiracy, murder, attempted murder and possession convictions.
Criminal law – Conspiracy to commit robbery – Tacit agreement inferred from conduct and corroborative circumstantial evidence (vehicle movements, transfer of bags, recovered firearms and spent cartridges). Criminal law – Murder and attempted murder – Liability of conspirators by common purpose where use of firearms and death were foreseeable. Evidence – Hearsay – Application of Law of Evidence Amendment Act s3: exclusion where admission would prejudice the accused and interests of justice not satisfied. Road traffic – Reckless driving – high speed, swerving, u‑turn over central island and endangering pedestrians and property.
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20 September 2023 |
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Settlement agreement enforceable; undue influence, lis pendens and non-performance defences rejected, award of accelerated amount, interest and elevated costs.
Contract – settlement agreement – validity and enforcement – undue influence defence not established where parties and counsel negotiated and implemented settlement; compromise/novation ends prior disputes; lis pendens/incomplete prior performance not a bar to enforcement. Costs – attorney-and-client scale including two counsel.
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20 September 2023 |
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Applicants’ 103‑day delay and inadequate explanation for rescission rendered condonation inappropriate; condonation refused, costs awarded.
Condonation — late rescission application under Rule 31(2)(b) — interest of justice test (Grootboom, Steenkamp) — Melane factors — obligations of organs of state to assist administration of justice — failure to provide satisfactory explanation for lengthy delay — condonation refused; adverse costs order (including two counsel).
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19 September 2023 |
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Regulator proceeding by affidavit must prove authority and admissibility; Tribunal may not alter procedure mid‑hearing to cure defects.
Administrative law – National Credit Act referrals – motion proceedings: regulator must make case in founding affidavit; delegation and authority must be proved; inspector’s report inadmissible hearsay absent confirmatory affidavit where no oral evidence is tendered; Tribunal may not change procedure midstream; natural justice and condonation requirements enforced.
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19 September 2023 |
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Quantum determined after liability admitted: R600,000 general damages, s17(4)(a) undertaking and R919,945 loss of earnings.
Road Accident Fund – liability admitted for merits – quantum only. RAF Act s17(1A) – qualification for general damages and s17(4)(a) undertaking for future medical expenses. Quantum – assessment of general damages for mild head injury and knee laceration with ongoing sequelae. Loss of earnings – actuarial and industrial-psychological evidence; appropriate contingency deduction (25%).
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19 September 2023 |
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Late filings to add uncertified claimants and new causes in pending class litigation were an irregular step and were set aside.
Class actions – certification prerequisite to instituting class litigation; Rule 30 – irregular step to set aside; Attempted late expansion of certified class and causes of action; Suspension order (27 May 2015) and prejudice from belated filings; Authorities: Children’s Resources Centre; Mukkaddam.
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19 September 2023 |
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A leave to appeal was granted on a significant statutory-interpretation issue regarding pharmacists’ authority to provide HIV-related treatment.
• Civil procedure – leave to appeal under Superior Courts Act s 17 – reasonable prospect of success or compelling reasons required.
• Administrative/statutory interpretation – scope of Pharmacy Council’s authority to permit pharmacist-initiated-treatment and primary drug care therapy.
• Health law – whether pharmacists may be authorised to provide PEP, PrEP, first-line ART and TPT previously provided by medical practitioners.
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18 September 2023 |
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Applicant interdicted respondents for unlawful land use; landlords ordered to prevent tenant nuisances; noise interdict dependent on present nuisance.
Town planning – Pretoria Town Planning Scheme – Business 1 (Place of Refreshment) v Place of Amusement (night club) – unlawful land use interdicted. Environmental noise – nuisance – expert noise assessments; factors: type, persistence, locality, times; remediation affects entitlement to interdict. Landlord liability – lessor obliged to take reasonable steps where aware or ought to have been aware of tenant nuisance or unauthorised use. Locus standi and authority – applicant entitled to protect its interests; deponent authorised by delegation; delay condoned but costs awarded. Liquor licence – tavern licence does not override town planning land use restrictions.
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18 September 2023 |
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Interlocutory relief dismissed because the main matter was transferred and leave to appeal was refused.
Transfer of proceedings – section 27(1)(b) Superior Courts Act – effect of removal of main matter to another division; interlocutory applications – jurisdiction to hear points in limine after transfer; leave to appeal refused – effect on subsequent proceedings.
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15 September 2023 |
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Deliberate non-attendance and partial payment bar rescission of a valid default judgment; condonation refused.
Civil procedure – Rescission of default judgment – Rule 42(1) and common law – requirement of reasonable explanation for default and bona fide defence with prima facie prospects of success; condonation – Rule 27(1) and interests of justice; elective absence and acquiescence (partial payment) defeat rescission; costs punitive (attorney-and-client).
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15 September 2023 |
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Respondent suspended for practising without a Fidelity Fund Certificate and trust-accounting breaches; costs awarded to applicant.
Legal practice — Practising without Fidelity Fund Certificate — breach of s84.1 LPA — public risk and sanction. Trust accounting — failure to submit auditor's report, maintain records, report shortfalls — contravention of LPC Rules. Professional misconduct — breach of Code of Conduct (honesty and integrity). Remedy — suspension appropriate; striking off not warranted. Costs — awarded as between attorney and client.
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15 September 2023 |
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Applicant's variation and conditional leave to appeal dismissed; original interlocutory order found clear and enforceable.
Interlocutory orders – variation and rescission; clarity and enforceability of court orders; appealability and leave to appeal under the Superior Courts Act; misuse of variation applications to avoid compliance; contempt risk for non-compliance.
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15 September 2023 |
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Court held defendant fully liable where an unknown third party left an animal on the road causing collision; plaintiff not negligent.
Road Accident Fund – liability where unknown third party leaves animal/obstruction on road; negligence of person abandoning hazard; contributory negligence and foreseeability; proof on balance of probabilities; evidentiary consequence of defendant not calling available witnesses.
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14 September 2023 |