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Citation
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Judgment date
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| February 2026 |
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Appeal: first child-rape conviction and life sentence confirmed; second conviction unsafe and set aside.
Criminal law — Child sexual offences — Credibility and reliability of child complainant — Delay in reporting — Role of medical evidence in establishing penetration and timing — Safety of convictions — Prescribed life sentence for rape of a child; substantial and compelling circumstances.
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27 February 2026 |
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Municipal conduct and emails established a binding settlement; refusal to issue clearance certificates caused recoverable overpayment.
Settlement agreement — Offer with seven-day term — Subsequent conduct and emails extended/confirmed settlement; Municipal rates clearance certificates — refusal constitutes breach; Payment under protest — recoverable overpayment; Proof of quantum — plaintiff's estimate accepted where municipality withheld statements; Belated, unpleaded defences (lack of authority/council approval) inadmissible — trial by ambush; Adverse inference for failure to call key witness and produce documents; Costs including wasted costs and interest awarded.
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25 February 2026 |
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Court refused suspension of judgment pending appeal, finding exceptional circumstances and irreparable financial harm to applicants.
Superior Courts Act s18(1) – refusal to suspend execution pending appeal – exceptional circumstances and irreparable harm required – financial prejudice as irreparable harm – prospects of success relevant – substituted order v remittal; administrative review and admissibility of post-decision report.
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16 February 2026 |
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An exception that the MEC was incorrectly pleaded as employer fails where pleadings and documents identify the provincial education department and disclose a cause of action.
Civil procedure – Exception to particulars of claim – Proper identification of employer in claims against provincial education department – Employment of Educators Act 76 of 1998 and role of Head of Department/MEC – Pleadings to be read as whole; nominal citation of MEC sufficient where department is identified.
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16 February 2026 |
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Leave to appeal dismissed: majority trustees’ resolution upheld; alleged beneficiaries’ meeting invalid; costs awarded against respondent.
Civil procedure – leave to appeal (s 17(1) Superior Courts Act) – free‑standing majority trust – effect of majority decisions (Shepstone and Wylie) – validity of beneficiaries’ meeting under trust deed clause 17.1 – costs against trustee who refuses to sign majority resolution and causes unnecessary litigation.
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12 February 2026 |
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Whether the municipality failed its constitutional duty to prevent sewage pollution and which remedial orders are appropriate.
Environmental and administrative law — municipal duty to maintain water and sanitation infrastructure — intergovernmental co-operation and separation of powers — procedural particularity in constitutional relief (PAJA/Rule 53) — costs in constitutional litigation where claims are vexatious.
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9 February 2026 |
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Leave to appeal refused where applicants failed to show deaths of witnesses caused irredeemable trial prejudice.
Criminal procedure — leave to appeal — elevated test for prospects of success — trial prejudice from death of witnesses — right to adduce and challenge evidence (s 35(3)(i)) — right to trial without unreasonable delay (s 35(3)(d)) — permanent stay under s 6 Criminal Procedure Act — declaratory relief (s 172(1)(b)).
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4 February 2026 |
| January 2026 |
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Failure to procure and serve a court‑authorised PIE s 4(2) notice vitiates a magistrate’s eviction order.
PIE – Eviction procedure – s 4(2) notice – peremptory requirement that court authorise s 4(2) directions and s 4(5) particulars – service on occupier and municipality – failure to procure or prove court order/service vitiates eviction order; magistrates' court applications under PIE must follow Ubunye/OMPAD practice.
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30 January 2026 |
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Delictual claim for soil contamination by occupier not excipiable merely because of contractual relationship; exception dismissed.
Delict — contamination of property — permissible delictual claim despite contractual occupation; wrongfulness for physical damage presumed; foreseeability and factual causation adequately pleaded; damages by diminution in value and alternative loss of rental competent; exception dismissed.
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26 January 2026 |
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Applicants must place full sworn disclosure before the court under s 26(6) POCA; disclosure to the curator alone is insufficient.
POCA s 26(6) – requirement of full sworn disclosure and court satisfaction; motion proceedings onus and admissible affidavit evidence; curator bonis role cannot substitute for judicial satisfaction; use of third-party/juristic person assets (Naidoo) impermissible; Plascon‑Evans and Elran authorities.
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23 January 2026 |
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Conviction under an offence limited to public servants set aside where the accused was not a civil servant.
Criminal procedure – Special review (s 304(4) CPA) – conviction and sentence set aside where proceedings not in accordance with justice; Immigration Act s49(5) – offence limited to public servants – essential element of employment as civil servant; guilty plea defective where it omits essential element; magistrate’s duty to provide candid, particular explanation for error; inappropriate to substitute conviction where facts do not support alternative offence (s42).
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23 January 2026 |
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Appeal dismissed: conviction confirmed; complainant's original child testimony upheld despite later incoherent recantation.
Criminal law — Sexual offences against a child — Identity of perpetrator — Recantation evidence under s 316(5) CPA — Child witness and cautionary rule — Contradictions do not necessarily destroy credibility — Appellate restraint on trial court factual findings.
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23 January 2026 |
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Applicant mischaracterised the review route and lacked locus standi; PAJA and internal SCM remedies required, application dismissed.
Administrative law — Municipal procurement — Procurement and award of tenders constitute administrative action; review ordinarily under PAJA; constitutional subsidiarity applies — Own‑interest litigant must show direct external effect on rights or interests to have locus standi — Obligation to exhaust internal SCM dispute‑resolution remedies before court review — Mootness where impugned appointment expired.
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20 January 2026 |
| December 2025 |
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Court declared municipal breaches of environmental and water laws, ordered remedial measures and an amended Action Plan, but refused special‑master supervision.
Environmental law; municipal water and sanitation obligations; NEMA compliance notices; unlawful operation of wastewater treatment works without water‑use licences; public‑health risks from elevated E.coli; remedies include declaratory relief, mandated transparency measures and amended Action Plan; structural interdict and special master declined.
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18 December 2025 |
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Summary judgment granted for reconciled amount; defendant permitted to defend remaining disputed claim due to bona fide issues.
Civil procedure — summary judgment — bona fide defence — special pleas of misjoinder/non-joinder — liquid document requirements — part-judgment where defendant admits/reconciles portion of indebtedness.
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12 December 2025 |
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Bail pending SCA reconsideration refused: registrar’s act not a new fact and applicant’s prospects and credibility do not justify release.
Criminal procedure – Bail pending reconsideration under s 17(2)(f) Superior Courts Act – "New facts" test; primary vs secondary facts – SCA Practice Directive non‑compliance – prospects of success/exceptional circumstances for reconsideration – credibility, misleading disclosures and flight risk – condonation and delay.
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12 December 2025 |
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An interim interdict against implementing a tender award did not preclude lawful paragraph 36 emergency procurement; no contempt found.
Contempt of court — requisites: order, service, non-compliance, wilfulness and mala fides; interpretation of interim interdicts; municipal SCM paragraph 36 emergency procurement; organs of state duty to comply with court orders.
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12 December 2025 |
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PAIA request dismissed for procedural non-compliance and failure to show records were required; attorneys face rule nisi for de bonis propriis costs.
PAIA – private body – procedural compliance – current Regulations and prescribed form – requirement to direct request to designated information officer – meaning of 'required' for exercise or protection of a right – inability to broaden PAIA request at hearing – internal remedies and appeals – possible de bonis propriis costs against attorneys.
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8 December 2025 |
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5 December 2025 |
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5 December 2025 |
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A public entity’s PFMA duties and an existing co‑signatory authority prevent applicants’ exclusive control of studio bank accounts.
Company law; public finance (PFMA) – public entity minority shareholder rights – co‑signatory authority; bank account control; access to bank statements; arbitration clause; High Court jurisdiction preserved.
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5 December 2025 |
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Pleading a CPA provision does not bar a consumer from suing for common‑law damages without exhausting internal remedies.
Consumer Protection Act s 69 – permissive, not jurisdictional; s 41 advertising claim does not oust common-law damages; internal CPA remedies cannot award damages; access to courts (s 34) preserved.
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5 December 2025 |
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Conviction overturned where child-witness, overstated medical opinion and investigative and trial irregularities undermined proof beyond reasonable doubt.
Criminal law – Sexual offences against a child – Single child witness and cautionary rule – Delayed disclosure and inconsistencies; Medical evidence (healed hymenal tear) limited corroborative value where expert opinion exceeds contemporaneous records without explanation; Failure to investigate/call key witnesses and improper judicial interventions undermine safety of conviction.
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5 December 2025 |
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Applicant granted interim interdict preventing respondent alienating farm pending arbitration after concealed third‑party sale.
Urgent application; interim interdict pending arbitration; preservation of subject matter; prima facie contractual right; irreparable harm where third‑party transfer would defeat arbitration; adequacy of damages; Rule 6(5)/Form 2 compliance; imputing tacit terms in written agreements.
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5 December 2025 |
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Object from passing truck injured passenger; court inferred negligence and held Road Accident Fund fully liable.
Road Accident Fund Act s17 liability; res ipsa loquitur—inference of negligence where object detached from passing vehicle; proof on balance of probabilities; unidentified driver/vehicle does not bar liability.
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5 December 2025 |
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Whether the applicant validly cancelled a sale agreement to justify eviction amid disputed improvement-lien and tender/reciprocity issues.
Sale agreement — alleged purchaser default and seller’s purported cancellation — validity of cancellation; eviction — improvement lien/enrichment lien — reciprocity and tender of repayment (exception non adimpleti contractus) — forfeiture clauses and Conventional Penalties Act; procedural error — court a quo’s stay conflating eviction and improvement action; prescription argument considered and rejected
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2 December 2025 |
| November 2025 |
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Appellate court granted bail after magistrate misapplied Schedule 5 and State failed to prove risk of re‑offending.
Criminal procedure — Bail — s 60(4)(d) — likelihood of undermining criminal-justice system — prosecution must adduce practical evidence; Misapplication of Schedule 5 — onus of proof; reliance on undisclosed bail report and unproduced police statements — inadequate basis to refuse bail; appellate review of magistrate's bail refusal.
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27 November 2025 |
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Whether the Controller could revive a retail licence lapsed by law; court held the revival unlawful to the applicant's benefit.
Administrative law – Lapse of statutory licences – Regulation 24(1) retail petrol licences lapse ex lege for failure to commence within 12 months; no statutory mechanism for revival. Administrative law – Jurisdictional nullity – decisions made in absence of a legal object are ultra vires and reviewable. Administrative law – Internal remedies – permissive appeal (s 12A) not mandatory where decision-maker acted without jurisdiction. Standing – commercial competitor with direct and substantial interest has locus standi. PAJA – 180-day prescription period runs from furnishing of reasons; delay condonable in appropriate cases.
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26 November 2025 |
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Leave to appeal refused: no reasonable prospect of success and no compelling reasons; debtor failed to show realizable assets to sheriff.
• Superior Courts Act s17 – leave to appeal – reasonable prospect of success or compelling reasons required; higher threshold ('would' differ). • Execution procedure – nulla bona return – onus on judgment debtor to inform sheriff of realizable assets. • Dispute of fact – requires real, material or genuine dispute to defeat summary findings.
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24 November 2025 |
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Respondent validly exercised option; subdivision did not change merx and s 2(1) formalities were satisfied.
Option to purchase – validity of exercise – subdivision of property – identification of merx – counter-offer vs acceptance – compliance with s 2(1) Alienation of Land Act – admission of new legal point and further evidence on appeal.
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21 November 2025 |
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Attempted murder conviction substituted with common assault where intention was not proved and self-defence failed.
Criminal law – Attempted murder – necessity to prove intention (dolus or dolus eventualis) – absence of evidence of intention fatal to conviction. Criminal law – Competent verdicts – assault with intent to do grievous bodily harm not supported where intention cannot be inferred. Evidence – Single witness – mutually destructive versions – requirement that the version of the party bearing the onus be shown to be true. Private defence – retaliation versus necessity to avoid or use proportionate force – retreat and avoidance considered.
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21 November 2025 |
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Oral sale of immovable property is void under the Alienation Act; eviction under PIE was just and equitable.
Property law; PIE Act s 4 eviction — owner entitled to eviction where occupier’s alleged oral sale is void under Alienation of Land Act; onus on occupier to disclose relevant circumstances; eviction may be deferred for reasonable implementation period.
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18 November 2025 |
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Whether regulation 12(4) governs municipal manager appointments or section 54A’s deeming provision validates them.
Local government law – Appointment of municipal manager – Regulation 12(4) applies to senior managers accountable to municipal manager, not municipal managers – Section 54A(7)–(10) LGM: Municipal Systems Act requires MEC notification and allows appointment to be deemed compliant if MEC/Minister do not act – Judicial review – validity of appointment where statutory challenge not pursued by MEC/Minister.
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7 November 2025 |
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Ejectment granted where lessee failed to prove fraud and remained in rental arrears; partial affirmation of a contract not permitted.
Lease and ejectment—valid cancellation for persistent rental arrears; urgency—commercial urgency may justify hearing; Fraud and non-disclosure—onus on alleging party, no general duty to disclose pre-contractual facts unless special circumstances; Election on fraud—innocent party must rescind whole contract or affirm it entirely; No partial affirmation permitting unilateral reduction of rent; Costs—attorney and client scale including two counsel awarded for contrived defence.
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6 November 2025 |
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Municipality liable for injuries from an open manhole; lack of records and darkness negated contributory negligence.
* Municipal liability – duty to maintain public infrastructure – omission to cover open manhole; Negligence – omission by municipal employees can be wrongful and actionable; Evidentiary burden – lack of inspection records and witnesses with personal knowledge undermines municipal defence; Contributory negligence – darkness and removal of warning devices negated plaintiff’s negligence; Limited resources are not a defence to failing to prevent obvious hazards
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5 November 2025 |
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Court permitted reopening to admit weighty new expert evidence and late blood-test material, ordering costs in the cause.
Civil procedure – Reopening a closed case – Judicial discretion exercised by reference to reasons for delay, materiality of evidence, risk of shaping evidence, balance of prejudice and finality. Medical negligence – Causation issue – Determination whether fetal insult was antenatal or intrapartum – Admissibility and weight of newly discovered blood pathology results and expert interpretation. Evidence – Late discovery of clinical and chemical pathology reports may justify reopening where evidence is material and potentially determinative. Costs – Appropriate order: costs in the cause where indulgence granted but application opposed.
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4 November 2025 |
| October 2025 |
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Failure to appoint and record assessors under s 93 ter rendered the regional court trial constitutionally irregular and convictions void.
Criminal procedure — Constitution of trial court — s 93 ter Magistrates’ Court Act — Requirement for two assessors at regional court murder trials unless accused elects otherwise — Peremptory duty to inform accused and record election — Failure to comply a fatal irregularity — Convictions and sentences set aside.
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31 October 2025 |
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Client’s claim against former attorney prescribed because he had (constructive) knowledge of the material facts by end of 2014.
Prescription – commencement under s12(1) and s12(3) – knowledge of identity of debtor and material facts, constructive knowledge by exercising reasonable care. Prescription – knowledge of legal conclusions or expert opinions not required to commence prescriptive period. Legal practitioner liability – allegation of negligent advice and acceptance of settlement considered but unnecessary to decide after prescription finding. Evidence – evaluation of credibility and conduct bearing on when plaintiff acquired knowledge.
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29 October 2025 |
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Appellate court upholds custodial sentences for fraud and money laundering and issues welfare orders to protect appellants' dependants.
Sentencing appeal — fraud and money laundering under POCA — custodial versus correctional supervision (s 276 CPA) — appellate interference standard — Zinn triad; best interests of children (s 28 Constitution) — post-sentencing welfare orders for dependants; compensation/repayment not ordered due to financial uncertainty.
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28 October 2025 |
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Applicants perempted their right to rescind a default judgment by acquiescing in execution and delaying challenge.
Civil procedure – rescission of default judgment – Uniform Rule 42(1)(a) and common law rescission; peremption; acquiescence in judgment as bar to rescission. Requirement for reasonable explanation and bona fide defence in common-law rescission applications. Finality of litigation – objective conduct assessed to determine unequivocal acquiescence; execution and sale in execution relevant to peremption.
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28 October 2025 |
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A child’s credible single-witness evidence and medical corroboration upheld conviction and life sentence absent substantial and compelling circumstances.
Criminal law – Sexual offences – Rape of a child – conviction on single child witness evidence and corroboration by J88 and clinical testimony. Evidence – Cautionary approach for single/child witnesses; admissibility and weight of hearsay evidence. Sentencing – Minimum prescribed sentences under s 51(1) CLAA; substantial and compelling circumstances; appellate interference.
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27 October 2025 |
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Accused's valid election to proceed without assessors and credible single‑witness evidence upheld; appeal dismissed.
Criminal procedure — assessors (s93/93ter) — accused's election to proceed without assessors recorded in presence of legal representative — not fatal absent failure of justice; Criminal procedure (s304(2)) — narrow test for reversal of conviction/sentence; Evidence — single witness identification/Cautionary rule — application where witness is familiar with accused; Corroboration — cell‑tower/call‑log and investigative evidence can substantiate single‑witness testimony.
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25 October 2025 |
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Payment of goats for a cleansing ceremony does not constitute substantial and compelling circumstances to avoid a prescribed minimum domestic‑violence sentence.
Criminal law – sentencing – minimum sentence (s 51(2)(b) CLAA) for domestic assault; substantial and compelling circumstances; cleansing/compensation not mitigating; presentencing detention consideration; appellate interference with sentencing discretion.
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24 October 2025 |
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Accused's review and stay applications dismissed; magistrate's ruling and seventh charge sheet upheld; costs to applicant.
Criminal procedure – charge sheets – later iterations may replace earlier versions; ss 85 and 86 Criminal Procedure Act – objections to charges – sufficiency of particulars; Review – gross irregularity standard under s 22 Superior Courts Act; Permanent stay – exceptional remedy requiring demonstrable irreparable trial prejudice; Accused-caused delay cannot ordinarily ground a permanent stay.
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24 October 2025 |
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Court enforces AFM constitution: dissolves unlawful Task Team and confirms applicant as lawful governing body.
Church governance; enforcement of internal appeal rulings of a voluntary association; justiciability and non-interference in ecclesiastical matters; dissolution of self-created committee usurping lawful governing body; Plascon-Evans application on affidavit; refusal of condonation for late affidavit.
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22 October 2025 |
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Appellant entitled to interdict against abusive, destructive conduct during municipal electricity inspections; rule nisi confirmed (entry ban abandoned).
Interdict — requirements for final interdict: clear right, reasonable apprehension of injury, no alternative remedy; relevance of prior incidents to show pattern of conduct; municipal inspections and limits of third parties’ rights of entry; failure to answer affidavit allegations deemed admission; Protection from Harassment Act not an available alternative remedy on these facts.
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17 October 2025 |
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Postponement granted where amended expert reports and undisclosed interlocutory issues rendered the matter not trial ready; plaintiff ordered to pay costs.
Civil procedure – postponement of trial – application brought timeously and bona fide where amended expert reports and outstanding particulars necessitate further investigations. Judicial case management – certification of "trial ready" – duty of candour by practitioners to disclose outstanding interlocutory issues and the state of expert evidence. Costs – practice and conduct of counsel may justify departure from usual costs rule; costs awarded against plaintiff where counsel's conduct precipitated postponement. Withdrawal of interlocutory application – leave to withdraw granted; costs awarded to respondent.
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10 October 2025 |
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Confession and ballistic evidence uphold murder conviction; firearm/ammunition convictions amended and sentences adjusted on appeal.
Criminal law — confession admissibility under s 217 CPA — corroboration by forensic and circumstantial evidence; Firearms Control Act — unlawful possession proven by inference from confession, post-mortem and ballistics even where firearm not recovered, but State must prove specifics (e.g. semi-automatic) if charged; Sentencing — no substantial and compelling circumstances to depart from prescribed minimum for murder; appellate correction of conviction wording and sentence where proven facts differ from charge sheet.
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7 October 2025 |
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An appellate court rescinded a blanket broadcast blackout, holding it unlawfully limited open justice and improperly relied on hearsay.
Constitutional right of access and open justice; freedom of expression (s 16) and public’s right to receive information; standing of media under s 38; admissibility of hearsay—requirement of s 3 LEAA; Van Breda witness-by-witness standard for limiting broadcast; audi alteram partem and s 34 fairness; Biowatch costs rule; trial regulation under s 173.
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3 October 2025 |
| September 2025 |
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An excluded bidder had standing to challenge exclusion but its conditional, omission‑laden bid lawfully rendered it non‑responsive.
Procurement law — tender evaluation and responsiveness; own‑interest locus standi in procurement reviews; conditional/opaque bids — exclusion as partially non‑responsive; internal appeal to Bid Appeals Tribunal — scope of review; tender validity/extension; costs for abusive or unmeritorious procurement litigation.
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23 September 2025 |