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Citation
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Judgment date
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| December 2024 |
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Variation of a Rule 43 maintenance order requires proof of material change and full, frank financial disclosure; application dismissed.
Family law – Rule 43 interim maintenance – Variation under Rule 43(6) requires proof of material change and full, frank disclosure; Rule 43(5) permits court to call for further evidence; material non-disclosure/being not ‘with clean hands’ precludes equitable relief; costs reserved as costs in the cause.
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31 December 2024 |
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Respondent liable for 60% of proven damages; applicant’s contributory negligence reduced award.
Road Accident Fund – liability and apportionment – contributory negligence – court apportioned 40% to applicant, respondent liable 60%. Procedure – default appearance – plaintiff retains onus to prove negligence on balance of probabilities. Evidence – Rule 38(2) admission of medico-legal and actuarial reports for quantum. Quantum – contingencies for loss of earnings – elevated contingencies applied due to pre-existing injury (25% pre-morbid; 40% post-morbid). Relief – monetary award for loss of earnings, interest, Section 17(4)(a) undertaking, trust establishment and costs.
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31 December 2024 |
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Court granted interim stay of warrant, ordered SAP13, found execution aspects unreasonable and deferred warrant validity to Part B.
Spoliation (mandament van spolie) – urgent interim relief; Search and seizure warrants – limits on place, time, scope and authorised persons; Private parties assisting police – permissible if police remain in control and act within warrant; Storage of seized articles – section 30 CPA and retention at secure third‑party facilities; Interim stay of warrant and SAP13 disclosure; Costs apportionment pending final determination.
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31 December 2024 |
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Rescission granted where creditor’s material misstatements about municipal arrears rendered the default judgment and sale erroneously granted.
Civil procedure – Rescission of default judgment – Rule 42(1)(a) and Rule 31(2)(b) – absence excused where creditor’s agent led defendant to believe proceedings would not proceed; material misstatement in creditor’s affidavits (municipal arrears) may render judgment erroneously granted – sale in execution and transfer setting aside consequent on rescission; condonation for late filing where no prejudice shown.
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31 December 2024 |
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Applicant failed to show material change for increased maintenance but obtained R660,000 further legal‑costs contribution.
Family law – Rule 43(6) variation – maintenance and legal costs – distinction between material change for maintenance and inadequacy test for further costs; equality of arms principle. Civil procedure – Rule 43(5) discretion to permit further affidavits in interim proceedings. Interim maintenance – factors: means, needs, standard of living, duration of marriage, and post‑constitutional context addressing gendered financial imbalance.
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30 December 2024 |
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Whether a creditor may cancel an instalment sale agreement without a court order, distinguishing harmless remedies from self-help.
Instalment sale — rei vindicatio — owner must prove ownership and termination of holder's right; Contract interpretation (Endumeni) — distinguish 'harmless' commercial remedies from 'drastic' self-help; clause requiring court order applies only to remedies amounting to self-help.
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27 December 2024 |
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Urgent application struck off for lack of urgency; applicant ordered to pay respondents' party-and-party costs with scales (C and B) indicated.
Urgency — striking from urgent roll for lack of urgency; Costs — party-and-party costs and allocation of scales under rule 67A and amended rule 69; Counsel status — senior counsel may justify Scale C; Distinction between party-and-party and attorney-and-client costs.
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27 December 2024 |
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Employees’ remedy for unpaid wages lies against their employer (NCI); SEDA and the Minister cannot be compelled to fund past the MOA term.
Labour/employment — unpaid salaries — employer liability; Public-law/funding — conditional, time-limited MOA between SEDA and NCI — no ongoing funding obligation beyond 31 March 2024; Contract interpretation — MOA terms (performance tranches, forfeiture for underperformance, exclusion of agency); Separation of powers — courts cannot compel executive funding or ministerial intervention; Remedies — employees’ direct claim lies against employer; Equity — court orders employer to pay outstanding salaries where employees continued to render services after funding period.
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27 December 2024 |
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Condonation granted but leave to appeal refused: delay attributable to applicants; NDPP’s decision to prosecute was rational.
Condonation — late application for leave to appeal — reasonable explanation and no demonstrated prejudice; Leave to appeal — refused; Section 173 — inherent jurisdiction invoked to curb abuse of court procedures where review initiated but not prosecuted; Undue delay — applicants as dominus litis responsible for delay; NDPP — reasons for continuing prosecution adequate and decision rational; Review — courts reluctant to interfere with prosecutorial discretion and trial evaluation of State’s evidence.
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27 December 2024 |
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Anton Piller order confirmed: prima facie unlawful competition and fiduciary breaches established; late affidavits struck out; costs awarded.
Anton Piller orders; prima facie cause of action for unlawful competition and breach of fiduciary duty; preservation of evidence; proportionality and privacy safeguards in forensic searches; procedural compliance and admissibility of late affidavits.
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27 December 2024 |
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Applicant’s repayment claim dismissed as premature because shareholders’ agreement conditions for repayment were unmet.
Sale of shares – contract interpretation – interplay between Sale of Shares Agreement and Shareholders Agreement; exit option under clause 5.2 converting purchase price into loan; repayment conditioned by Shareholders Agreement clause 8.3.2 (100,000 customers with R100 ARPU); no subsequent loan agreement concluded; premature claim for repayment; approach to disputes on affidavit and refusal of referral to oral evidence.
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27 December 2024 |
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Applicant failed to show entitlement to final medical decision; court dismissed application for lack of factual and legal basis.
Children’s Act s129(4) – consent to medical treatment – best interests of the child; curator ad litem/Rule 57 – scope of relief; standards for withholding consent; prospects of success for leave to appeal.
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26 December 2024 |
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Respondent declared in contempt for removing child from court jurisdiction; 60‑day suspended imprisonment ordered with compliance condition.
Contempt of court – existence, knowledge and non‑compliance – presumption of wilfulness/mala fides once first three elements proved – evidentiary burden on contemnor; Parental rights and jurisdiction – removal of minor outside court area; Enforcement – custodial sentence suspended on compliance; Admissibility of supplementary affidavits – relevance and exceptional circumstances required.
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24 December 2024 |
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Urgent application to preserve spouse's pension struck off for lack of urgency; costs awarded against the applicant.
Urgency — Uniform Rule 6(12) — applicant must allege circumstances justifying urgent procedure and absence of substantial redress; self-created urgency will defeat urgent relief — interim interdict to preserve pension pending accrual calculations struck from roll for lack of urgency — costs against unsuccessful urgent applicant (including counsel) on scale B.
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24 December 2024 |
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Court set aside Ombud’s reimbursement and cession orders and related determinations; referral to FSCA enforcement left intact.
Administrative law – PAJA review of FAIS Ombud’s recommendation and determination – jurisdiction and prescription under s27 FAIS Act – representation and liability of representatives – procedural fairness and bias – unreasonable orders for reimbursement and cession set aside – referral to FSCA Enforcement Department upheld.
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24 December 2024 |
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Parole refusal set aside as irrational where the Minister failed to justify preferring one adverse report and did not depose.
Administrative law — Review of parole decision; Rationality review under the Constitution; Requirement that decision‑maker depose to affidavit; Hearsay inadmissibility where decision‑maker absent; Exhaustion of internal remedies under PAJA; Separation‑of‑powers considerations and substitution/remedy.
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23 December 2024 |
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A JBCC Final Payment Certificate is a liquid acknowledgment enforceable against the State; not a "debt" under the Institution Act.
Contract law; JBCC Principal Building Agreement; Final Payment Certificate as liquid document/acknowledgment of debt; Institution of Legal Proceedings Against Certain Organs of State Act—distinction between claims for specific performance and "debt" requiring consent; agency of Principal Agent; entitlement to contractual default interest; proof required to set off alleged arbitration payments.
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23 December 2024 |
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Applicant proved driver’s negligence; RAF held 100% liable, R896,114.90 awarded for loss of income; general damages postponed.
Road Accident Fund — motor collision — default proceedings where RAF absent — liability established for driver’s negligence — medico-legal and psychological evidence of permanent disfiguring facial injuries — award for past and future loss of income with contingencies (20% pre, 30% post) — section 17(4)(a) certificate ordered — general damages postponed sine die — costs including experts and counsel awarded.
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23 December 2024 |
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A public entity’s vague, non‑compliant Rule 35(3) reply and PFMA record failures justified striking out its defence.
Civil procedure — discovery — Uniform Rule 35(3) — adequacy of reply; Public entities — PFMA duties to keep financial records — relevance to discovery; Abuse of process and contumacy — striking out defence as discretionary remedy; Pleadings — new constitutional/PFMA defences not pleaded cannot be relied on without amendment; Prejudice and public interest in upholding court rules.
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23 December 2024 |
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Applicant's occupation of matrimonial home protected; trust lacked unanimous resolution to rent property.
Family law – Interim relief – Right of occupation of matrimonial home pending divorce; Trust law – Trustees required unanimous resolution for disposition of trust property; Interim interdict – protection against eviction and dissipation of joint-estate assets; Evidentiary burden – need for documentary proof of trustee resolutions and financial hardship.
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21 December 2024 |
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Leave to appeal dismissed: "on behalf of" reflects segregated portfolio structure, not an agency, and no reasonable prospects of success.
Leave to appeal — requirement of reasonable prospects under s17(1)(a) Superior Courts Act; Uniform Rule 49 grounds; Cayman Islands segregated portfolio companies — "on behalf of" does not create agency; s216(2) Cayman Companies Law — segregated portfolio not separate legal entity; Enforcement of facility agreement and suretyship — evidential challenges to signatures and procedural irregularities; New grounds of appeal not previously raised are insufficient to establish reasonable prospects.
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20 December 2024 |
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Urgent application dismissed: applicant failed to show respondents had a constitutional duty to supply food to allegedly trapped miners.
Constitutional and administrative law – urgent application to compel executive respondents to supply humanitarian aid – urgency accepted for access to essentials but applicant failed to plead facts to sustain relief under section 38 – no established duty on police or ministers to supply food – relief limited to allowing community-provided humanitarian aid.
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20 December 2024 |
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Leave to appeal refused: no reasonable prospects of success and non-compliance with Rule 16A regarding constitutional issues.
Family law – rescission of divorce order and settlement agreement – Rule 42 rescission threshold; interpretation and enforceability of settlement clause providing conditional occupation. Constitutional procedure – Uniform Rule 16A compliance required when raising constitutional issues in High Court proceedings. Appeals – leave to appeal requires realistic prospects of success; mere possibility is insufficient. Costs – attorney-and-client costs may be justified where explained in judgment.
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20 December 2024 |
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An arbitral award was made an order of court where parties waived time limits and respondents belatedly challenged its validity.
Arbitration law – section 31 Arbitration Act 42 of 1965 – enforcement of arbitral award as court order; parties’ pre-arbitration waiver of statutory time limits; timing of award not a nullity where parties agreed procedure; intention to review does not stay enforcement; punitive costs for obstructive conduct.
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19 December 2024 |
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Court defers execution on property due to insufficient evidence and inadequate debtor notification period.
Civil Procedure – Executable property – Assessment of arrears – Adequate timeframe for addressing default before execution of property.
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19 December 2024 |
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Court permits late amendment of plea to ensure issues are decided substantively and procedural technicalities do not preclude justice.
Civil procedure - Amendment of pleadings - Defendant's application to amend the plea - Good faith and timing considerations - Prejudice to Plaintiff.
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19 December 2024 |
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Leave to amend plea granted; amendments allowable unless mala fide or causing irremediable prejudice; specific costs ordered.
Civil procedure – Amendment of pleadings – Leave to amend generally allowed unless mala fide or causes irremediable prejudice – Delay insufficient ground absent prejudice – Rule 28(9) costs consequences.
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19 December 2024 |
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Applicant succeeds in obtaining order that respondent charge fees on a party-and-party scale and deliver the file; costs awarded to applicant.
• Civil procedure – solicitor's fees – party-and-party versus attorney-client scale – undertaking to charge party-and-party resolves fee-dispute
• Civil procedure – delivery of attorney's file – court may order delivery to facilitate taxation and avoid further costs
• Costs – costs follow result where respondent concedes and applicant substantially succeeds
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19 December 2024 |
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Applicant entitled to be reconsidered for parole; court ordered reconsideration but did not compel release; costs reserved to each party.
• Correctional law – parole reconsideration – direction to National Council to consider Parole Board decision and advise Minister so applicant may be re‑heard.
• Procedural fairness – applicant entitled to be reconsidered where profile period lapsed and rehabilitation courses completed.
• Civil procedure – allegations of abuse of process rejected where present relief differs from earlier proceedings.
• Court practice – proper procedure for requesting written reasons (by pleading, not by letter).
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19 December 2024 |
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Court awarded R5.22m for train injury, accepting 5% cognitive decline, actuarial assumptions and trust protection.
Delict — Personal injury arising from train accident — liability accepted; assessment of quantum. Medical and psychological sequelae — agreed 5% cognitive decline; PTSD and depressive symptoms. Actuarial issues — choice of life tables (SA84/86) and entry-into-service assumptions; application of contingencies. Future medical expenses — award with 30% contingency; need for trust protection of funds. Employability — expert evidence that plaintiff is effectively unemployable in open labour market; large patrimonial award.
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19 December 2024 |
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Court dismissed application to transfer case based solely on congested court roll without sufficient justification under section 27.
Civil Procedure – Transfer of cases – Congested court roll – Requirements under section 27 of the Superior Courts Act.
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19 December 2024 |
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Property sold without joint owner's consent declared invalid; fraudulent transfer set aside.
Property law – Joint ownership – Invalid sale and transfer due to lack of consent and forged authorization – Status of bona fide purchaser questioned.
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19 December 2024 |
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Applicant established reasonable grounds under POCA to confirm provisional restraint order against defendants for alleged procurement-related proceeds.
POCA – restraint orders (s25/26) – confirmation of rule nisi – low evidential threshold: reasonable grounds for belief that confiscation order may be made; procurement irregularities and non-disclosure of relationships in declaration-of-interest forms; unopposed motion proceedings where respondents file no answering affidavits.
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19 December 2024 |
Transfer and removal of proceedings from one Division to another in terms of section 27(1 )(b) ---convenience of the parties---court roll of the transferring court congested or full, and application made to remove and transfer matter to another Division.
Congested court roll not sufficient to justify the removal and transfer of matter from one Division to another. |
19 December 2024 |
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Court granted summary judgment finding signed Part A and Part B formed a valid instalment sale agreement and suretyship; respondents failed to raise triable defence.
Civil procedure – summary judgment under Rule 32 – requirements for liquid document and bona fide defence; Contract interpretation – multi-document agreements (Part A and Part B to be read together) – intention of the parties; Suretyship law – accessory nature of suretyship and requirement of valid principal agreement; National Credit Act – exemptions for juristic persons and large agreements; Clerical errors – minor typographical mistakes not invalidating contracts; Pleadings – denials must disclose material facts to resist summary judgment.
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19 December 2024 |
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A court sitting as upper guardian may amend settlement terms affecting minors to protect their best interests; leave to appeal refused.
Family law – Court as upper guardian – Divorce Act s6 – Children's Act s9 – Settlement agreements affecting children – Court may interrogate and amend settlements to protect best interests; maintenance and school costs; leave to appeal standard under Superior Courts Act s17.
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19 December 2024 |
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Pre-trial admissions can bind the RAF and satisfy the section 17(1) serious-injury jurisdictional requirement.
Pre-trial procedure – Rule 37 admissions – binding nature of concessions; RAF Act s17(1) serious injury assessment – jurisdictional threshold; RAF’s inability to resile from deliberate pre-trial acceptance of serious injury; trust and s17(4)(a) undertaking; quantum for moderate traumatic brain injury in a minor.
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18 December 2024 |
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Contempt application dismissed; therapeutic, supervised phased contact ordered in children's best interests.
Contempt of court — wilful and mala fide disobedience; standard of proof beyond reasonable doubt where committal sought; Family Advocate report and children's views as exculpatory evidence; best interests of the child; therapeutic bonding and phased supervised contact as remedy.
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18 December 2024 |
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Claim dismissed because the defendant lacked exclusive control and necessary third parties were not joined.
Premises liability; control and responsibility for common areas; non‑joinder of necessary parties (complex owner/manager); duty of care and foreseeability; claim dismissed for failure to join parties with direct and substantial interest.
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18 December 2024 |
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Applicant awarded loss of earnings after court rejected experts' conservative views and applied a 30% contingency.
Road Accident Fund – claim for loss of earnings – expert evidence (occupational therapist, industrial psychologist) may be rejected if lacking factual basis – court not bound by expert opinions – selection of realistic pre‑accident career scenario – application of contingency deduction (30%) to reflect post‑accident uncertainties – actuarial calculations adjusted by judicial assessment.
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18 December 2024 |
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Prescription began when the applicant learned of the under‑settlement in 2019; the Fund is 100% liable and its prescription plea dismissed.
Road Accident Fund — duty of care to investigate, advise and ensure fair settlements; liability for under‑settlement. Prescription — Prescription Act s 12(3); knowledge requirement; prescription runs when claimant knows or ought reasonably to know facts giving rise to debt. Reliance on legal advice — delay in acquiring actionable knowledge where layperson reasonably relies on Fund/legal processes. Repudiation — respondent cannot repudiate previously conceded liability without sufficient explanation. Procedural — merits and quantum separated; costs awarded to applicant.
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18 December 2024 |
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Applicant’s arrest and detention unlawful where respondent lacked objectively reasonable grounds and failed to verify the complainant’s assertions.
Criminal Procedure Act s40(1)(b) – warrantless arrest – requirement of objectively reasonable suspicion – police duty to verify complainant’s assertions and documentary evidence before arrest – failure to investigate inconsistencies renders arrest and detention unlawful; entitlement to damages and costs.
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18 December 2024 |
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Rescission refused: applicants failed to show satisfactory explanation or bona fide defence and Rule 42/Rule 31(2)(b) were inapplicable.
Rescission of judgment — application vs action — Rule 31(2)(b) inapplicable to application proceedings; Rule 42 — patent error/ambiguity requirement; common-law rescission test — reasonable explanation and bona fide defence with prospects of success; constitutional variation requires exceptional circumstances; prior admissions in insolvency inquiry undermining rescission.
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18 December 2024 |
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Reported
The applicant can enforce its judgment, but the RAF’s later directives were not held unlawful or res judicata and remain operative.
Standing – enforcement of court order by private litigant with final judgment; Res judicata – scope depends on issues actually decided; Res inter alios acta – collateral benefits/deductibility determined by policy, equity and fairness, not a rigid rule; Subrogation – principle of insurance law does not automatically apply to medical schemes; Medical schemes v insurers – distinct legal and regulatory nature; Administrative action/Oudekraal – subsequent directives remain effective until set aside unless their subject matter was already conclusively decided.
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17 December 2024 |
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Asylum seekers whose permit-extension requests were ignored are entitled to urgent administrative responses and extensions pending decision.
Immigration/Refugee law – asylum seeker temporary permits (s 22) – online applications for extension – administrative duty to decide – failure to make a decision reviewable under PAJA. Constitutional law – protection against ‘deemed abandonment’ of asylum claims – reliance on Scalabrini Centre and Saidi decisions. Administrative justice – extension pending review/decision – urgency and reasonable time for administrative action.
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17 December 2024 |
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Court granted Rule 43 interim maintenance: R140,000 monthly to applicant and R20,000 per child, plus school and medical costs.
Family law – Rule 43 – maintenance pendente lite – discretion under Rule 43(5) to call for further evidence – criteria: marital standard of living, applicant’s reasonable needs, respondent’s means – interim spousal maintenance and child maintenance – payment of private school fees and uninsured medical expenses – CPI annual adjustment – costs in the cause.
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17 December 2024 |
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Applicant challenged wrong decision; VAB’s s52 review addressed value not categorisation; application dismissed with costs.
Municipal Property Rates Act — s52 compulsory review limited to value adjustments (triggered when valuer amends value >10%) — VAB may confirm, amend or revoke value decisions but does not have statutory power under s52 to change property category; municipal valuer’s categorisation in valuation roll is the relevant decision; PAJA s9 extension of time may be granted in interests of justice; exceptional circumstances may justify relief based on replying affidavit where record is incompletely provided.
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17 December 2024 |
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Rescission application dismissed for lack of reasonable explanation, no bona fide defence, procedural defects and uncommissioned affidavit.
Civil procedure – Rescission of default judgment – common-law test requiring reasonable explanation for default and bona fide defence with prospects of success – Rule 42 inapplicable to application proceedings – constitutional grounds require exceptional circumstances – uncommissioned affidavit fatal to applicant’s case – adverse costs order on attorney-and-client scale.
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17 December 2024 |
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The applicant is protected from deportation by non‑refoulement until final status determination; detention under a valid court order remains effective.
Refugee law — non‑refoulement — asylum seeker protected from deportation until refugee status is finally determined; Immigration Act s34 detention — detention pursuant to valid court order remains effective until set aside; availability of internal remedies under the Refugees Act; scope of relief under section 172(1)(b) of the Constitution.
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17 December 2024 |
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Joint property sale voided due to forgery; ownership must remain with original joint owners.
Property Law – Joint ownership – Sale and transfer without consent – Forged power of attorney – Bona fide purchaser
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15 December 2024 |