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Citation
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Judgment date
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| December 2025 |
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South African court orders disclosure of London arbitration materials where confidentiality and privilege do not override discovery obligations.
Civil procedure – discovery – relevance of documents – disclosure of materials from foreign arbitration in related domestic litigation; arbitration confidentiality vs discovery obligations; waiver/implied waiver of privilege by use of materials in arbitration and subsequent litigation; refusal to delay disclosure pending expert summaries.
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22 December 2025 |
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Claim for contractual final certificates not prescribed; court ordered respondent to appoint employer’s agent and enable certification and payment.
Contract law – Construction contract – Employer’s obligation to appoint employer’s agent – Final approval and final payment certificates – Prescription Act: whether obligation to enable certification is a "debt" – Prescription not triggered where employer’s omission obstructs certification process.
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12 December 2025 |
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Former employee’s disclosure of confidential customer data and personal information warranted interdict, deletion and handover under POPIA.
Confidential information – client/customer lists and personal data – trade secret test (application, secrecy, economic value); POPIA s20 – operator’s duty of confidentiality; Unlawful competition/springboard doctrine – acquisition and use of competitor’s confidential data; Interim interdict – deletion of electronic copies and handover of hard copies; Joinder – necessity standard for parties.
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10 December 2025 |
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Whether delay and late voluminous discovery justified striking the prosecution from the roll under s 342A of the CPA.
Criminal Procedure s342A — delay in completion of proceedings — factors for assessing reasonableness of delay; admissibility of affidavit evidence containing hearsay; voluminous discovery and complex corruption/money laundering allegations; vacating reserved trial dates; pre-trial roll enrollment.
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9 December 2025 |
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Provisional winding‑up granted where debt conceded, company funds diverted and s 417 enquiry authorised with SARS participation.
Companies Act — Provisional winding‑up granted where company conceded substantial debt and funds diverted; urgency; s 346(4A) service requirements (attorney may depose to service affidavit referencing sheriff’s returns); voluntary liquidation ineffective without CIPC registration; s 417 enquiry authorised; SARS to participate; nominee director/alter‑ego allegations; potential under‑invoicing and fraud.
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5 December 2025 |
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Review dismissed: appeal tribunal did not exceed powers in treating work stoppage as potential repudiation.
Arbitration Act s 33(1)(b) – review of arbitral award – tribunal bound by arbitration agreement, separation directive and pleadings – distinction between exceeding powers (jurisdictional) and erroneous exercise of power – stoppage of work/removal of equipment may constitute repudiation or a substantial pointer to repudiation – errors of fact or law by arbitrator not ordinarily reviewable.
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4 December 2025 |
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Applicant failed to prove exceptional circumstances under s60(11); appeal against refusal of bail dismissed.
Criminal procedure — Bail — Section 60(11) Schedule 6 offences — onus to prove exceptional circumstances and likely acquittal — affidavit evidence versus oral testimony — witness intimidation risk — employment/first-offence not exceptional.
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4 December 2025 |
| November 2025 |
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Rule nisi confirmed; respondent found in wilful contempt for refusing to identify and authenticate ACA and Fc test results.
Civil contempt – confirmation of rule nisi – contempt requires order, service and non‑compliance (Fakie) – evidential burden shifts to respondent to show non‑wilful non‑compliance – failure to file answering affidavit renders matter unopposed – Wightman/Plascon‑Evans principles – court orders compelling identification and authentication of scientific test results – punitive attorney‑and‑client costs.
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28 November 2025 |
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Section 118(3) creates a statutory hypothec allowing a municipality to interdict transfers to protect historical rates debt.
Municipal Systems Act s118(3) – statutory hypothec/charge on property – municipal preference over mortgage bonds – interdict to prevent transfer – adequacy of alternative remedies (rule 46; s96) – urgency – costs.
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27 November 2025 |
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Use of paintball markers by security guards in public was negligent; necessity defence rejected and defendant vicariously liable.
Delict – personal injury from paintball projectile – causation and negligence established; defence of necessity/justification failed; vicarious liability of municipality; adverse inference for failure to call material witness.
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26 November 2025 |
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Section 354 stay refused: procedural fairness found; merits are for appeal, not section 354.
Companies Act s354 – extraordinary relief to stay or set aside winding-up – high threshold of 'exceptional circumstances' – procedural fairness and audi in urgent liquidation hearings – limits on rehearing merits under s354 (no substitute for appeal) – interim interdict against provisional liquidators not competent absent s354 stay – costs on Scale C including two counsel.
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24 November 2025 |
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Applicant proved association of vessels under s 3(7) Act; reconsideration dismissed and costs awarded to applicant.
Admiralty — Associated ship arrest — s 3(7) Admiralty Jurisdiction Regulation Act — proof of ownership/control by balance of probabilities — probative value of SeaSearcher/Equasis and trade publications where direct ownership opaque — nominee/shareholding structures and documentary inconsistencies assessed.
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13 November 2025 |
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Court found defendant's version more probable and dismissed the plaintiff's negligence claim with costs.
Railway accidents – passenger injury – allegation of negligence by operator – "staff riding"/external footplate – credibility and probabilities – missing CCTV footage – no adverse inference where CCTV plausibly non‑operational.
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12 November 2025 |
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Rescission of a final winding‑up order refused where order was properly granted and applicant failed to establish satisfactory explanation or bona fide defence.
Companies law – winding up – rescission of final winding‑up order; Rule 42(1)(a) – ‘‘erroneously granted’’; rescission at common law – reasonable explanation for default and bona fide defence required; duty to maintain registered address and consequences of non‑service.
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12 November 2025 |
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Plaintiff failed to prove accident‑linked loss of earnings or curtailed working life; claim dismissed, costs each party to bear.
Road Accident Fund – loss of earnings – requirement to prove causal link between injury and diminution of patrimony – expert evidence weight and credibility – assessment of future loss of earnings (Rudman; Southern Insurance).
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6 November 2025 |
| October 2025 |
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28 October 2025 |
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Applicant established prima facie debt; without‑prejudice proposal was not an act of insolvency, material disputes on defective goods referred to oral evidence.
Companies law – provisional winding‑up – s 345 demand satisfied by signed acknowledgement and failure to pay – factoring cession transfers receivable and related defences “warts and all” – without‑prejudice settlement proposal not an act of insolvency where it does not seek release from debt (s 8(e)) – privileged communications remain privileged absent an act of insolvency – real disputes of fact as to defectiveness and return of goods referred to oral evidence.
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24 October 2025 |
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The RAF’s failure to decide on a Serious Injury Assessment Report within the prescribed time was reviewed and set aside.
Road Accident Fund – Regulation 3(3)(dA) – duty to accept, reject or require further assessment of Serious Injury Assessment Report within statutory period – failure to decide reviewable; Board Notice 271 of 2022 / new RAF1 requirements held unlawful by Full Court (LPIIF v RAF) – respondent’s reliance on claim-registration or Board Notice defences unsustainable; relief: review and direction to decide within 30 days; costs on attorney-client scale.
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23 October 2025 |
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Imprisonment imposed after s112(1)(a) pleas was incompetent and substituted with caution and discharge.
Criminal procedure – s112(1)(a) plea – sentencing limitation: imprisonment without option of fine incompetent. Special review – s304 – substitution of incompetent sentence with caution and discharge when re‑sentencing is unjust or futile. Automatic review – effect of legal representation (s302(3)) and inexperienced magistrate. Procedural/systemic concerns – delay in detection, monitoring deficiencies, and Legal Aid duties.
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23 October 2025 |
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A conveyancing firm that fails to verify changed bank details in a BEC scam is liable for misdirected sale proceeds.
Conveyancing — attorney liability for misdirected trust funds; Business Email Compromise (BEC) — duty to verify changed banking details; breach of mandate and proximate cause; trust account payments; professional negligence by attorney.
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17 October 2025 |
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Interim interdict granted to restrain sentencing where magistrate improperly dismissed s113 plea-withdrawal, likely reviewable error.
Criminal procedure – s112/s113 plea proceedings – threshold for recording plea of not guilty under s113(1) (Mokonoto/Shiburi) – impermissibility of critical analysis of accused’s explanations in plea-stage proceedings – interim interdict pending s22 review where magistrate’s approach evidences reviewable irregularity – interplay with OUTA and Walhaus principles.
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15 October 2025 |
| September 2025 |
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Ownership does not justify bypassing PIE; final interdict refused amid genuine disputes of fact and improper service on a child.
• Property law/eviction – PIE applies where premises are a home; ownership does not trump constitutional protections under s 26(3).
• Civil procedure – Plascon‑Evans/Room Hire principles: genuine disputes of fact require referral to oral evidence or trial; motion proceedings inappropriate.
• Service of process – serving papers on a minor at school is improper; courts must protect children and uphold Uniform Rules.
• Remedies – statutory eviction under PIE is the appropriate remedy and precludes final interdict where applicable.
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30 September 2025 |
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Civil divorce does not dissolve a pre-existing customary marriage; court approved antenuptial contract for polygamous marriage.
Recognition of Customary Marriages Act 120 of 1998 — s6/s7 applications to approve antenuptial contracts for polygamous customary marriages — civil divorce does not dissolve pre-existing customary marriage (s8 required) — court to consider equitable distribution and family circumstances — joinder and registration requirements (s7(8), s7(9)).
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22 September 2025 |
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Court dismissed review and upheld taxing mistress’s allowance of post‑payment storage costs as recoverable execution expenses.
Costs – taxation – sheriff’s storage fees – whether post‑payment storage costs recoverable as necessary execution expenses – taxing mistress’s discretion under rule 70(3) and rule 68 – review of taxation limited to misapplication of principle or capricious exercise of discretion; lawfulness of sheriff’s retention distinct from taxation of disbursements.
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22 September 2025 |
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Leave to appeal a costs-only order from an adjourned urgent application dismissed for lack of exceptional circumstances.
Civil procedure – costs – discretion – costs orders are a true judicial discretion; appellate interference only where discretion not exercised judicially. Superior Courts Act ss 16(2)(a) and 17(1)(a) – appeals against costs-only orders require exceptional circumstances and a reasonable prospect of success. Wasted costs – urgent applications and adjournments – respondent entitled to wasted costs where urgent proceedings were necessitated and then adjourned. Scale of costs – assessment of appropriate scale (Scale C) is discretionary and not punitive.
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17 September 2025 |
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Police omissions in face of foreseeable mob violence rendered the State delictually liable for loss of game and property.
State liability; police omissions; wrongful and negligent failure to prevent foreseeable violence on private property; statutory and constitutional duties (s 205(3) Constitution; s 13(3) SAPS Act); factual and legal causation; quantum agreed R2,029,000; costs on scale C.
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16 September 2025 |
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A valid writ of execution prevents spoliation relief absent proof of unlawful deprivation by the sheriff.
Mandament van spolie – requirement of peaceful possession and unlawful deprivation; Warrant of execution – validity and scope; Rescission application – does not automatically suspend execution; Interpleader – appropriate remedy for competing claims to seized property; Interdict – requires clear right and absence of alternative remedies.
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11 September 2025 |
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Leave to appeal granted on whether statements in counsel's heads of argument constitute binding admissions creating liability.
Civil procedure – Admissions – Whether statements made in heads of argument by counsel can constitute binding factual admissions – Leave to appeal – Reasonable prospects of success on appeal.
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11 September 2025 |
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A plaintiff may not deliver an exception to a defendant's plea after summary judgment is refused; exception dismissed with costs.
Civil procedure – Exceptions – Application to except to defendant’s plea after refusal of summary judgment – Contract – Plea not vague or embarrassing where admissions and denials are clearly stated – Summary judgment procedure does not suspend the right to exception under Uniform rule 23.
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5 September 2025 |
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Leave to appeal granted where statements in counsel's heads may have been wrongly treated as binding admissions.
Leave to appeal — reasonable prospects test; admissibility and binding effect of statements in written heads of argument prepared by former counsel; costs of leave application.
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5 September 2025 |
| August 2025 |
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Court refused contempt relief where maintenance could not be paid due to changed circumstances and set aside the interim order.
Contempt of court – maintenance order – Rule 43 order – delay in contempt proceedings – variation of maintenance order – material change of circumstances – temporary/interim remedies in divorce proceedings – costs.
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19 August 2025 |
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Application challenging liquidators' asset sale dismissed for lack of standing and merit; liquidators' acts found lawful and costs awarded.
Company law – Liquidation – Legal standing (locus standi) to challenge acts of liquidators – Requirements for condonation for late delivery – Liquidators’ powers to sell assets prior to first creditors' meeting – Who must consent to sale (preferential creditors) – No basis to set aside liquidators’ acts or remove liquidators – Costs on punitive scale for vexatious or unfounded allegations.
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12 August 2025 |
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The court dismissed an appeal for bail, emphasizing lack of exceptional circumstances and potential witness interference.
Criminal Law – Bail – Schedule 6 Offences – New facts and exceptional circumstances – Alleged witness recantation – Interference with state witnesses.
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7 August 2025 |
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Court orders a third property auction without a reserve price after previous failures to sell.
Civil procedure - Sale in execution - Reserve price reconsideration due to failure of two auction sales - Execution to proceed without reserve
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6 August 2025 |
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A conviction for premeditated murder, attempted murder, and firearms offences arising from domestic violence and careful fact analysis.
Criminal law – Murder – Premeditation and intent – Domestic violence context – Hearsay affidavit – Admissibility – Unlawful possession of firearms – Intoxication as defence – Evaluation of child witnesses – Chain of custody – Firearms Control Act.
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5 August 2025 |
| July 2025 |
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Court found lack of urgency and applied lis alibi pendens, staying proceedings pending related case outcomes.
Urgency – failure to establish; Lis alibi pendens – applicability given pending consolidated actions; Contract disputes – enforceability of agreement clauses.
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31 July 2025 |
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Application for leave to appeal dismissed due to lack of reasonable prospect of success and non-compliance with procedural requirements.
Appeal – Application for leave to appeal – Superior Courts Act – Reasonable prospect of success – Condonation for late filing of appeal.
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21 July 2025 |
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A dismissed special plea confirms substantial compliance suffices for RAF claims, despite technical defects and changing claim forms.
Road Accident Fund – Prescription – Section 23(1) of the Road Accident Fund Act – Whether substantial compliance with section 24 suffices for lodgement – Effect of defective claim forms and application of the LPIF judgment – Interpretation of social legislation – Costs order.
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18 July 2025 |
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Application for leave to appeal nullifying a prosecution was dismissed due to lack of prospect or compelling reason.
Criminal Procedure - Leave to Appeal - Rational Basis - Legality of Prosecution under Prevention of Organised Crime Act - Requirements for Authorisation.
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18 July 2025 |
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Applicant entitled to terminate joint ownership, sell subject to R5m reserve, or buy respondent’s half for R3m.
Property law – actio communi dividundo; free co-ownership arising in marriage out of community of property; sale by private auction with reserve price; ordering transfer for fixed payment where reserve not met; immediate determination of accrual and interim matrimonial property treatment; enforcement of signing obligations (sheriff authorised).
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18 July 2025 |
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Applicant fails to set aside writ and attachment as challenge on identity and curatorship restrictions are invalid.
Attachment of bank funds - writ of execution validity - identity challenge - taxation during appeal - set-off operation
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17 July 2025 |
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Judicial review dismisses complaints on accessing records due to procedural errors and unjustified delay in submissions.
Administrative Law – Judicial review – Information access under PAIA – Condonation for late submission – Requirement to identify the underlying right and explanation for delay.
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16 July 2025 |
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The court upheld exceptions due to plaintiffs' vague and inadequate claims lacking necessary averments.
Contract law - exception - vague and embarrassing pleadings - lacking necessary averments - joint and several liability.
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11 July 2025 |
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Court refused to confirm a restraint of trade order after expiry, but ordered respondents to pay applicant’s costs due to their conduct.
Civil procedure – Restraint of trade – Mootness – Whether court should confirm interim order after expiry of restraint period – Costs where matter becomes moot before final determination – Condonation for late filing of affidavit.
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9 July 2025 |
| June 2025 |
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The court confirmed a preservation order to prevent tax evasion-related asset dissipation by respondents beyond its jurisdiction.
Tax law - preservation order - jurisdiction over out-of-area respondents - risk of asset dissipation - admissibility of hearsay evidence.
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24 June 2025 |
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Discrepancies in charges' locations required amendment; varied convictions of accused under POCA, murder, and robbery.
Criminal Law - Prevention of Organised Crime Act - Membership of a criminal gang - Identification - Doctrine of recent possession
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20 June 2025 |
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Leave to appeal sentence refused; trial court properly considered personal circumstances and imposed a proportionate sentence.
Criminal law – Sentence – Application for leave to appeal sentence – Applicant convicted of multiple robberies with aggravating circumstances, attempted murder and unlawful firearm possession – Whether trial court misdirected by failing to consider personal circumstances or by over-emphasising societal interests – Leave to appeal refused where no misdirection or disproportionate sentence shown.
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17 June 2025 |
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Contempt established where a controlling director knowingly caused a company to disobey a delivery order; director personally liable.
Civil procedure – contempt of court – requisites: existence of order, service/notice, non-compliance, wilfulness and mala fides – evidentiary shift after Fakie NO. Company law – corporate veil – controlling mind/director personally liable for company’s contempt where knowledge and control established. Remedies – declaration of contempt, opportunity to purge, leave to seek committal/fine, costs on attorney-and-client scale including two counsel.
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12 June 2025 |
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Applicant failed to prove entitlement to eviction and unsubstantiated bias allegations did not justify leave to appeal.
Eviction proceedings – onus to establish right to property for eviction; Ingonyama Trust Act directives and claimed ownership under s 4A(4)(a); Permission to Occupy (PTO) – relevance where applicant fails to establish title; Allegations of judicial bias/mala fides – must be substantiated and not first raised in leave to appeal application.
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4 June 2025 |
| May 2025 |
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Municipality's approval of a three-storey building was set aside for statutory non-compliance with zoning ordinances.
Municipal Law – Building approvals – Compliance with town planning controls – Definition of basement – Impact on neighboring property value and aesthetics.
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23 May 2025 |