Skip to document content Skip to main menu Skip to search

High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

8 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
December 2021
Wexdent Properties CC v Vishal Junkeerparsad & Company Inc and Another (D 6378/2021) [2021] ZAKZDHC 7 (9 December 2021)
An attorney may not unilaterally withhold trust proceeds after transfer on unsupported FICA grounds; payment and punitive costs ordered.
Financial Intelligence Centre Act (FICA) – identification and verification obligations – s 21 timing – single transaction vs business relationship; Attorneys as accountable institutions – limits on withholding trust funds post‑transfer; No statutory requirement for identity/address documents to be under three months old; Only the Centre may direct suspension of a transaction (ss 29, 33, 34); Improper withholding of trust monies warrants payment with interest and punitive costs; Referral to Legal Practice Council for practitioner conduct.
 9 December 2021
October 2021
Martin K Holdings (Pty) Ltd v Nedport Developments (Pty) Ltd (D 4299/2020) [2021] ZAKZDHC 1 (27 October 2021)
Suspensive loan condition not fulfilled—conditional approval (valuation/lease review) meant agreement lapsed.
Contract interpretation – suspensive condition – loan approval vs loan in principle – meaning of "subject to"; commercial common sense; Covid-19 lockdown and performance; lapse of agreement and alternative cancellation; costs awarded.
 27 October 2021
Mbhambali v S (AR579/2019) [2021] ZAKZDHC 9 (12 October 2021)
Reported
Religious or customary marriage practices do not excuse sexual intercourse with a child; conviction for rape of a 14‑year‑old upheld.
Sexual offences—statutory incapacity of child under 16 to consent (ss 15–16 Sexual Offences Act); s 56(2)(a) defence of reasonable belief as to age—requirements and onus; religious/customary practices and arranged child marriages do not negate criminal liability; evaluation of single child witness and application of cautionary rules.
 12 October 2021
Metro Service Station (Pty) Ltd and Others v Minister of Energy and Others (D 7785/2019) [2021] ZAKZDHC 2 (12 October 2021)
Controller and Minister unlawfully approved petrol-site licences based on defective, non-compliant truck-stop proposals, decision set aside.
Administrative law – PAJA review – Controller’s duty to verify documents and be satisfied as to need and economic viability when granting site and retail petroleum licences. Municipal planning and licensing – applications proposing truck stop, fast-food outlet and large convenience store must comply with zoning and planning consents; failure to do so renders application unlawful. Procedural fairness and rationality – decision irrational where based on incorrect or non-compliant documents, ignored relevant considerations and relied on irrelevant matters. Remedies – substitution appropriate where application is fatally flawed and remittal would be futile. Practice – condonation/adjournment refused where no adequate explanation for delay in filing answering affidavits.
 12 October 2021
May 2021
SA Farmers Development Association v Steyn MP and Another (D 3109/2021) [2021] ZAKZDHC 4 (12 May 2021)
12 May 2021
March 2021
S v Pillay (CCD39/2019) [2021] ZAKZDHC 1 (26 March 2021)
No substantial and compelling circumstances warranted deviation from life sentences for multiple rapes; lengthy custodial terms and placement on Child Protection Register ordered.
• Criminal law – sentencing – application of minimum prescribed sentences in Criminal Law Amendment Act – life imprisonment for multiple rapes of a child where no substantial and compelling circumstances exist. • Sexual offences – child pornography, grooming, trafficking, compelled sexual acts – appropriate fixed-term sentences and assessment of aggravating factors (financial gain, duration, grooming, vulnerability). • Sentencing: totality, concurrency and taking counts together where offences are inextricably linked. • Children’s Act – declaration of unsuitability to work with children and placement on National Child Protection Register.
 26 March 2021
February 2021
Stewart NO and Others v M B (D2296/2021) [2021] ZAKZDHC 8 (12 February 2021)
Sequestration refused where applicants failed to prove a reasonable prospect of advantage to creditors under s 12(2).
Insolvency — Sequestration — Section 12(2) Insolvency Act — Court may dismiss petition or require further proof where applicants fail to show advantage to creditors; discretion to allow further proof but not to permit re-argument on same papers; supplementary affidavit must provide new evidence, not merely re-argument; failure to show reasonable prospect of advantage warrants dismissal and setting aside of provisional sequestration.
 12 February 2021
January 2021
Columbus Stainless (Pty) Ld v Kuhne & Nagel (Pty) Ltd and Another; Transnet (SOC) Ltd t/a National Ports Authority of South Africa v Kuehne & Nagel (Pty) Ltd and Another (A32/2014; A33/2014) [2021] ZAKZDHC 5 (17 January 2021)
Court granted condonation and leave to amend replications in admiralty matters, prioritising clarity and lack of prejudice over delay.
Admiralty procedure — Pleadings and condonation — Admiralty Rules allow flexible pleadings; replication delivered late may be condoned where no prejudice and issues need clarification — Amendment of replication to record outcome of related review permitted — Application of Melane factors.
 17 January 2021