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Citation
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Judgment date
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| December 2023 |
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Medical confidentiality is not absolute: relevant parental health records may be disclosed to an appointed expert for children's best interests, with privacy safeguards.
Family law – custody/primary residence – disclosure of parent’s medical records – s 14 National Health Act – confidentiality and doctor–patient privilege not absolute; relevance and best interests of the child may justify limited disclosure to independent expert; court retains residual discretion; jurisdictional challenge dismissed.
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18 December 2023 |
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Plaintiff awarded R9.887 million for loss of earnings and general damages for unlawful arrest, detention and malicious prosecution.
Unlawful arrest, detention and malicious prosecution — quantum — proof of pre-morbid earnings — reliance on neuropsychological, medical, industrial-psychological and actuarial evidence — application of contingencies to past and future loss of earnings — assessment of general damages for constitutional rights infringements (dignity, freedom, privacy) and aggravating features including publication and malicious prosecution — consequences of defendant's failure to produce expert evidence.
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12 December 2023 |
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Convictions based on common purpose and ballistic evidence; acquittals where identification was unreliable; minimum sentences applied.
Criminal law – Common purpose – identification and single-witness cautionary rule – admissibility and weight of firearm registers and controller’s statement – ballistic linking of accused to shots – rejection of private defence – prescribed minimum sentences under Criminal Law Amendment Act.
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12 December 2023 |
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Middle‑aged passenger awarded R1.98m; 5% pre‑morbid and 10% post‑morbid contingencies applied.
• Personal injury – Road Accident Fund – liability conceded; serious long‑term injuries and agreed expert joint minutes.• Quantum – loss of earnings – actuary projections accepted; contingencies 5% pre‑morbid, 10% post‑morbid for middle‑aged claimant.• General damages – substantial award (R1,200,000) for permanent physical and cognitive impairments; comparison with comparable authorities.• s 17(4) RAF undertaking ordered for future medical/ancillary expenses.• Costs – defendant to pay taxed/ agreed party‑and‑party costs including specified experts.
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8 December 2023 |
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Court compels nominated trustee to establish inter vivos trust under joint will and rejects partial intestacy claim.
Wills – joint wills – interpretation of dominant clauses; inter vivos trust creation mandated by will; whether nominated trustee may refuse to create trust; declaration of partial intestacy; specific performance to compel execution of trust documents; plain meaning rule when construing wills.
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4 December 2023 |
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Reported
Business rescue practitioners may not suspend statutory obligations arising from the Sugar Industry Agreement; such obligations remain enforceable.
Business rescue—s 136(2)(a): 'agreement' confined to private contractual obligations; statutory/regulatory obligations under subordinate legislation (SI Agreement) cannot be suspended by business rescue practitioners; SASA is a regulatory authority under Companies Act s 1; s 133 moratorium does not oust regulatory enforcement; constitutional challenge to s 136(2)(a) rejected as rational.
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4 December 2023 |
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Respondent held in contempt for failing to comply with Rule 43 order; suspended imprisonment and varied interim maintenance obligations.
Contempt of court; Rule 43 interim maintenance and obligations; urgency where eviction and school exclusion threatened; suspended custodial sentence conditional on payment of arrears; variation under Rule 43(6) for material change in circumstances; punitive costs (attorney-and-client) for contempt application.
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1 December 2023 |
| November 2023 |
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A tailored restraint of trade was enforced against former employees to protect customer connections and confidential information, but not supplier relationships.
Labour law – restraint of trade – enforceability of post-employment restraints – protectable interests – customer connections – confidential information – reasonableness – public policy – solicitation of employees – tailored enforcement of restraints.
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30 November 2023 |
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Respondent’s contention that oral instructions conflicted with a written non‑variation clause raised a bona fide triable defence to summary judgment.
Contract law – Service Level Agreement – non-variation clause and clause requiring written notice for changes – whether oral instructions for additional services bind the respondent; civil procedure – summary judgment – bona fide defence and triable issues; pleading – special plea versus plea on merits and compliance with Uniform Rule 22(2).
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23 November 2023 |
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Public safety and balance of convenience defeat an unsuccessful bidder’s claim for further reasons and an interim interdict pending review.
Procurement law – PAJA s 5 reasons – adequacy of reasons provided in answering affidavit and annexures; interim interdict – requisites, balance of convenience, and public safety considerations; disclosure obligations in tender forms and alleged conflicts of interest; Rule 53 review procedure and urgency/case management.
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20 November 2023 |
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Complainants may rescind an ex parte habeas corpus order where procedure was flawed and they have a substantial interest.
Criminal procedure – habeas corpus – ex parte proceedings – necessity of citing prosecuting authority; Rule 42 rescission – locus standi of complainants; validity of warrant of arrest on its face; admissibility of late affidavits.
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16 November 2023 |
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Leave to appeal dismissed; dissolution of the Sharia‑style partnership upheld without special judicial oversight of property sale.
Partnership dissolution – actio communi dividundo – realisation of partnership assets; Sharia‑compliant Musharaka financing; leave to appeal – s17(1) Superior Courts Act – whether post‑termination payment revived agreement; judicial oversight of sale of partnership property (Rule 46A relevance).
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13 November 2023 |
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Attorney’s failure to prosecute and untimely withdrawal caused prescription, breaching duty of care and access-to-court rights.
Attorney negligence – failure to issue summons leading to prescription; untimely withdrawal as counsel; breach of duty of care and contract; infringement of right of access to court.
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6 November 2023 |
| October 2023 |
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A section 102 dispute must concern a specific billed amount; broad policy complaints do not bar lawful disconnections by the respondent.
• Municipal law – s102(2) Systems Act – dispute must concern a specific amount claimed by the municipality to suspend debt-collection measures.
• Credit-control – a ratepayer cannot demand continued municipal services while conducting a blanket payment boycott.
• Administrative law – allegations of selective enforcement require factual evidence; speculative newspaper citations insufficient.
• Costs – Biowatch principle inapplicable where proceedings do not involve assertion of constitutional public-rights claims.
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27 October 2023 |
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A five‑year custodial sentence for a child was set aside for failure to apply the Child Justice Act; substituted with rehabilitative placement.
Child Justice Act – sentencing of children – imprisonment only as last resort and for shortest period – court must consider ss 72–79 alternatives and explain departure from probation officer’s s 76(2) recommendation; automatic review where material irregularities in sentencing.
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26 October 2023 |
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Reported
Repayment of stolen funds is not a disposition under ss 30–31; claims for failing to report fraud lacked pleaded duty and causation.
Insolvency — s 30 and s 31 Insolvency Act — repayment of money stolen does not constitute 'disposition' of insolvent's property; intention to prefer and collusion must be pleaded. Delict — pure economic loss — duty, wrongfulness and causation must be pleaded; failure to report a fraud does not automatically create delictual liability absent pleaded legal duty or case for development of common law. Pleadings — exceptions succeed where material jurisdictional facts and factual bases for legal rights are not pleaded.
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25 October 2023 |
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Applicant's maintenance claim dismissed for material non-disclosure and dishonest financial conduct; costs awarded against applicant.
Family law – maintenance pendente lite – Uniform Rule 43(1) – duty of full, frank and clear financial disclosure. Non-disclosure/unclean hands – material non-disclosure and dishonest expenditure may justify refusal of Rule 43 relief. Evidentiary reliance on bank statements and inference drawing where financial disclosure is incomplete.
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20 October 2023 |
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Municipality cannot be ordered to reallocate property‑linked rates debt to personal accounts or issue a clearance without full payment.
Municipal law – Municipal Systems Act – s102(1) consolidation of accounts does not authorise transfer of property‑linked debt to personal accounts. Municipal law – Rates clearance – s118(1) registrar of deeds may not register transfer without municipal certificate and prescribed amounts must be paid. Statutory interpretation – cannot imply powers contradicting express provisions (Endumeni principle). Remedies – municipality’s failure to collect does not permit court to bypass statutory restraints on transfer.
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13 October 2023 |
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Eviction granted after applicant proved lease cancellation and compliance with section 4 PIE; occupier held unlawful.
PIE (Prevention of Illegal Eviction) – s4 compliance – service of notices and procedural requirements (Ubunye; Ompad). Lease law – cancellation and alleged renewal; evidential burden to prove lawful occupation. Eviction – factors in granting eviction where occupier’s proof of right to occupy is lacking. Costs – discretion where opposition withdrawn late and death of respondent unproven.
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3 October 2023 |
| September 2023 |
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Appellate court found magistrate’s reasons inadequate but, on rehearing, held appellant failed to discharge Schedule 5 bail onus; appeal dismissed.
Criminal procedure – Bail – Schedule 5 offence – s 60(11)(b) onus on accused to show interests of justice – magistrate’s duty to evaluate evidence and give reasons – appellate rehearing where misdirection established – considerations under s 60(4)(a)-(e): danger to public, strength of State case, likelihood to evade trial and to interfere with witnesses – possession of fully automatic firearms and ammunition linked to other violent crimes – bail refused.
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15 September 2023 |
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Substitution refused: ceded claim was non‑existent and applicant’s personal claim had prescribed, causing prejudice to respondent.
Civil procedure – substitution of parties – common‑law substitution where cession concluded after litis contestatio – cession of res litigiosa – cession cannot transfer a non‑existent right – prescription of claim – condonation for late filing – prejudice to respondent as determinative in substitution discretion.
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13 September 2023 |
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Court awarded R6.46m for severe childhood brain injury, averaged diploma/degree scenarios, 20% contingency, and s17 undertaking.
Road Accident Fund – severe traumatic brain injury with lifelong epilepsy – dispute over pre-morbid educational trajectory (diploma v degree) – adopted average actuarial scenario – 20% contingency on pre-morbid income – s17(4)(a) undertaking for future medical costs – award of general and future loss of earnings.
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11 September 2023 |
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Reported
Forfeiture under POCA: one property wholly forfeited; development-funded portion of another recovered as equivalent monetary forfeiture.
POCA – forfeiture under ss 48 & 50 – whether properties acquired/developed with proceeds of unlawful activities; knowledge or reasonable suspicion of respondents; motion proceedings suitable for forfeiture applications; proportionality where part of property value is tainted; curator bonis powers; sale and payment into Criminal Assets Recovery Account; publication under s50(5).
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6 September 2023 |
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Court ordered key parts of earlier judgment brought into operation pending appeal, finding exceptional circumstances and irreparable harm to applicants.
• Procedural law – s 18(1) and (3) Superior Courts Act – bringing judgment into operation pending appeal – exceptional circumstances test; balance of probabilities requirement (irreparable harm to applicant; absence of irreparable harm to respondent).
• Administrative law – s 139(1)(b) intervention – powers and duties of ministerial representative; effect of obstructing ministerial representative’s access and functions.
• Civil procedure – launching a review does not automatically suspend the operation of the impugned decision absent agreement or court order.
• Remedies – interim operationalisation of parts of judgment pending appeal; costs awarded against opposing party.
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4 September 2023 |
| August 2023 |
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A discharged interim domestic-violence protection order cannot be revived; alleged judicial bias was unproven.
Domestic Violence Act – interim protection order discharged – cannot be revived; recusal/recusal test – reasonable apprehension of bias; service by clerk under s13(1) permissible; remedies: appeal/review/recission or fresh application; punitive costs for spurious allegations (attorney-and-client, including senior counsel).
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31 August 2023 |
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Late appeal refused condonation and struck from the roll due to inadequate explanation and weak prospects of success.
Civil procedure – Condonation for late noting of appeal – interests of justice test – full, reasonable explanation covering entire delay required; prospect of success and finality critical. Criminal procedure – Arrest without warrant (s 40(1)(b) Criminal Procedure Act) – requirement of objective reasonable suspicion that person committed a Schedule 1 offence – complainant’s immediate sworn statement and recovered property can constitute reasonable grounds. Appeal procedure – inordinate delay and inadequate explanation may justify refusal of condonation and striking of appeal.
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18 August 2023 |
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Provisional liquidators authorised to sell specified company assets under s386 where exceptional circumstances justify court granting leave.
Companies Act s 386(5) — provisional liquidators — court’s discretion to grant leave to sell assets; s 386(4)(h) — power to sell movable and immovable property; s 387 — role of Master and when court directions may be sought; exceptional circumstances standard for provisional liquidators to liquidate assets; authority to sell specified properties subject to Master’s written approval; costs against directors/shareholders opposing application
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17 August 2023 |
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Court imposed concurrent custodial sentences for attempted murder and assaults, rejecting correctional supervision due to seriousness and lack of remorse.
Sentencing – sentencing triad – seriousness of offences (attempted murder and assaults) – correctional supervision s 276(1)(h) – custodial sentence warranted where appropriate sentence exceeds statutory limits for non-custodial options – lack of remorse as aggravating factor – s 103 Firearms Control Act disqualification.
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17 August 2023 |
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The applicant’s unlawful arrest and malicious prosecution claims fail, but assault and torture in police custody established.
Criminal procedure – arrest and detention – warrant of arrest issued by magistrate; Onus – defendant to justify detention under Constitution; Tort/delict – assault and torture by police in custody established by medical records and admissions; Malicious prosecution – must prove instigation, lack of reasonable cause, malice and failure of prosecution.
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16 August 2023 |
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Blocking municipal premises to prevent a ministerial representative assuming duties is unlawful self‑help and must be interdicted.
Constitutional law – s139 intervention – applicability of IGRFA Chapter 4 to s139 disputes; Administrative/interdictory relief – prevention of ministerial representative assuming duties; Rule of law – self-help and unlawful blocking of municipal premises; Civil procedure – refusal of postponement for counsel unavailability; Costs – no personal cost order where blocking attributed to third‑party political activists.
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15 August 2023 |
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The applicant’s eviction of the respondent from temporary staff housing was just and equitable under the PIE Act.
PIE Act s 4(7) – eviction – two-stage just and equitable enquiry; availability of alternative accommodation; occupier overstaying temporary staff housing. Staff/state-owned accommodation – allocation, temporary occupation and employer’s entitlement to regulate occupancy. Relevant authorities – City of Johannesburg v Changing Tides; Ndlovu v Ngcobo. Rent arrears and occupier’s means considered in eviction enquiry.
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15 August 2023 |
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A self‑created ‘Interim Committee’ lacked constitutional authority to remove a pastor or control the local assembly’s bank accounts.
Voluntary association / ecclesiastical governance – constitution as internal statute; self‑created committees have no authority absent constitutional sanction or delegation; suspension/termination of pastor requires constitutionally prescribed procedures; retirement at 65 may be managed by reappointment on fixed‑term contracts; internal grievance procedures and Regional Leadership Forum mediation binding; interlocutory relief to protect church bank accounts.
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10 August 2023 |
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Eviction refused where it would render occupiers homeless; court ordered retrospective planning application with municipal assistance.
Eviction under PIE — just and equitable assessment where eviction would render occupiers homeless; ubuntu and constitutional values; adequacy of evidentiary proof (lease and inspection report); remedial alternative of retrospective planning approval; municipal obligation to assist and consider applications; discretion as to costs against impecunious occupiers.
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1 August 2023 |
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First accused convicted of murder and unlawful firearm possession; co‑accused discharged for lack of common purpose.
Criminal law – murder – identification evidence, CCTV and cellphone records, and ballistic matching corroborate guilt. Firearms Control Act – unlawful possession of firearm and ammunition – inferential reasoning and single‑witness evidence. Common purpose – State failed to prove prior agreement; co‑accused discharged. Possession of stolen vehicle – no proof of participation in theft but unlawful possession (s36 competent verdict).
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1 August 2023 |
| July 2023 |
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A respondent's invocation of the right to remain silent does not bar summary judgment absent state compulsion.
Summary judgment – Rule 32 – adequacy of verifying affidavit; personal knowledge of deponent; bare denial not a bona fide defence (Maharaj); Right to silence/self-incrimination – civil proceedings vs state compulsion (Davis; Seapoint; Randell) – no stay absent compulsion; Liquidated claim – misappropriated funds recoverable by summary judgment; Prescription and minor formal defects not fatal.
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28 July 2023 |
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Court confirms interdict restraining former employee and private investigator from impersonating police and extorting the applicant.
Interim interdict – confirmation of Anton Piller-type rule – protection of confidential business information and customers' privacy. Private investigator and private complainant – limits on private participation in criminal investigations – prohibition on purporting to act as SAPS. Extortion/shakedown – unlawful demands for information and payment justified injunctive relief. Mootness – undertakings and termination do not preclude relief where risk of recurrence exists. Administrative action – referral to SAPS Provincial Head to consider conduct of police official.
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27 July 2023 |
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Failure to follow Rule 28 after leave to amend and unexplained delay justified dismissal of the plaintiff’s claim and refusal of condonation.
Amendment of pleadings – leave to amend where proposed content is unknown – Uniform Rule 28 (notice, objection, Rule 28(4) application) remains applicable; Rule 23 exceptions not exclusive; condonation – Grootboom factors; striking out for non‑compliance with court order; inadequate pleadings and lack of prospects of success.
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19 July 2023 |
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Sharia-structured property partnership validly terminated; liquidator appointed but interrogation power refused.
Musharaka/property partnership – termination and actio communi dividundo; post-termination payment does not revive cancelled agreements; liquidator’s interrogation power not permissible; section 26 and Rules 46/46A protections not available to juristic entity occupiers.
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18 July 2023 |
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A registered good-faith purchaser obtained eviction where an occupier’s private sale agreement conferred only personal rights.
Property law – eviction under PIE Act s 4(7) – two-stage inquiry (Changing Tides) and need to consider alternatives and vulnerable occupants; Purchaser in good faith and transfer/registration – real right enforceable against the world; s 70 Magistrate’s Court Act protection for purchaser in execution; Occupier’s private sale agreement with previous owner confers only a personal right unless completed and registered; Burden on occupier to disclose relevant circumstances (Ndlovu).
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17 July 2023 |
| June 2023 |
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Forfeiture under POCA upheld: traced fraud proceeds bought listed assets; innocent‑owner defences failed; forfeiture not disproportionate.
POCA — civil forfeiture — proceeds of unlawful activities — tracing and commingling of fraud proceeds into bank accounts, investments and immovable property — innocent-owner defence (s52) — evidentiary burden — proportionality/section 25 constitutionality — recusal application
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30 June 2023 |
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Acquisitive prescription requires open, exclusive, continuous possession with animus; defendant failed to prove acquisition of the panhandle.
Property law – acquisitive prescription – section 1 Prescription Act – requirements: possession with animus domini, accessio possessionis, open and peaceful occupation, absence of precario – right of way/panhandle – visible acts of appropriation – insufficiency of mere maintenance or intermittent use for prescription.
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15 June 2023 |
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Court applied minimum-sentence regime to robbery counts; no substantial and compelling circumstances to impose lesser sentences.
Criminal law – Sentencing – Minimum sentences for robbery with aggravating circumstances – Substantial and compelling circumstances – S v Malgas principles; Indictment particulars and notice – Failure to invoke minimum-sentence regime where Firearms Control Act alone cited; Possession of prohibited firearm – Schedule 4 prescribes maximum not minimum; Concurrent sentences and net effective terms under s 280(2) Criminal Procedure Act; Forfeiture of firearms; No s103(1) FCA determination – accused unfit to possess firearms.
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15 June 2023 |
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Distributor's adoption of a near-identical get-up amounted to passing-off; interim interdict and restoration ordered.
Passing-off (unregistered get-up) – likelihood of confusion – get-up comprising orange tanker-trailer device, colouring, font and words "Trailers & Tankers" – ownership dispute of part of logo not material – distributor turned competitor restrained from passing-off; restoration of assets and costs ordered.
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14 June 2023 |
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A body corporate cannot retrospectively alter levy apportionment or grant refunds without compliant members' resolutions and consent.
Sectional Titles / Body Corporate – modification of participation quota – s 11(2) STSMA – requirement for members' resolution and written consent where owner adversely affected. Management Rules – Rule 29(3) (separate meters and recovery) – such change requires a members' resolution; trustee meetings cannot effect change. Management Rules – Rule 21(2) – prohibition on refunding lawfully levied contributions; retrospective adjustments unlawful. Civil procedure – application of Wightman test – no real dispute of fact; final interdict appropriate. Jurisdiction – prior CSOS adjudication did not preclude High Court relief where CSOS dismissed claim as outside STSMA powers.
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14 June 2023 |
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The particulars of claim were vague, failed to disclose causes of action and exceptions were upheld with leave to amend.
Pleadings — Exception for vagueness and embarrassment; requirement to plead material facts (facta probanda) not mere evidence (facta probantia); pleading of fraud requires particularity (dolus); pure economic loss claims require pleaded legal duty and reasonable foreseeability; rule 23(1) exceptions and rule 23(2) strike-out remedies.
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14 June 2023 |
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Court applied Quantum Yearbook 2023, white‑male life table and 20% pre‑morbid contingency to RAF loss‑of‑earnings claim.
Personal injury — loss of earnings — actuarial inputs: selection of Quantum Yearbook 2023; appropriate life table (white‑male table) for life expectancy; pre‑morbid contingency fixed at 20%; Road Accident Fund s 17(4)(a) undertaking for future medical costs; costs including expert fees.
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9 June 2023 |
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Diminished role and insufficient evidence of inflicting fatal wound justified deviation from prescribed life sentence for first appellant.
Criminal law – murder – common purpose – sentencing under s 51(1) Criminal Law Amendment Act (minimum life sentence) – role of accused as substantial and compelling circumstance to deviate – discrepancies in eyewitness evidence and weight of prior conviction and remorse.
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5 June 2023 |
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An on‑record waiver of assessors by defence counsel in the accused's presence sufficed; convictions for murder and assault upheld.
Criminal law – Regional court constitution – s 93ter Magistrates' Courts Act – waiver of assessors by legal representative in presence of accused – peremptory requirement considered; Criminal appeal – factual findings and credibility – "reasonably possibly true" test and circumstantial evidence – convictions for murder and assault upheld.
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5 June 2023 |
| May 2023 |
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Condonation for late strike‑out notice refused; interlocutory strike‑out dismissed as piecemeal litigation.
Civil procedure – condonation for non‑compliance with Rules; Rule 23(2) – strike out of pleadings for irrelevance; Rule 6(11) – interlocutory/incidental applications; piecemeal litigation and abuse of process; parties’ informal agreements do not excuse non‑compliance with court rules.
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31 May 2023 |
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Interim interdict dismissed: applicant lacked prima facie right as Shareholders' Agreement and preservation concerns justified continued suspension.
Interim interdict – urgency and self‑created urgency; intervention by NPA in civil contractual dispute where preservation/forfeiture orders exist; admissibility of co‑respondent affidavits that seek applicants’ relief; interpretation and enforcement of Shareholders' Agreement conditions (Coal Exporter and vertical control structure); effect and lapse of conditional interim upliftment agreement; public interest and preservation orders weigh against interim relief.
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31 May 2023 |