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High Court of South Africa KwaZulu-Natal, Pietermaritzburg - 2019

4 judgments
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4 judgments
Citation
Judgment date
May 2019
Changing Tides 17 (Pty) Ltd NO v Meikle and Another (1156/2018) [2019] ZAKZPHC 27 (16 May 2019)
Reported
Money judgment granted on confession; order making residential property executable postponed sine die pending Rule 46A compliance.
Civil procedure – Rule 31 judgment on confession – cannot be combined in chambers with Rule 46A application to declare residential immovable property specially executable; Rule 46A requires open-court proceedings, adequate notice and opportunity to be heard to protect constitutional housing and fair-hearing rights; costs of improperly combined application to be paid by plaintiff.
 16 May 2019
March 2019
Galsworthy Limited v Pretty Scene Shipping SA and Another; Pretty Scene Shipping SA and Another v Galsworthy Limited (A 23/2015; A 65/2016; AR 157/2018; AR 469/2017) [2019] ZAKZPHC 10 (4 March 2019)
Reported
An in rem arrest must be supported by factual particulars proving a maritime claim and association; failure renders arrest wrongful and may attract costs.
Admiralty — Arrest in rem — Rule 2(1)(a)–(b) and Rule 4(3) certificate — Requirement for factual particulars; Associated‑ship arrests — ss 3(6)–(7) — association must be proved on balance of probabilities; Abuse of process/re‑arrest — s 3(8) and security — prohibition on multiple arrests where security in place; Choice of law — s 6(5) — party autonomy does not negate procedural requirements; Wrongful arrest — entitlement to counter‑security and damages.
 4 March 2019
Duma v Road Accident Fund (672/2014) [2019] ZAKZPHC 17 (1 March 2019)
Court found compensable neurocognitive injury causing unemployment and fixed 7% pre- and post-morbid contingencies.
Road Accident Fund claim – brain injury causing neurocognitive deficits; assessment of pre- and post-morbid earning capacity; evaluation of competing expert and actuarial reports; contingency deduction fixed at 7% pre- and post-morbid; acceptability of payslips and sectoral determination as best evidence of earnings.
 1 March 2019
S v Sangweni (AR 220/2018) [2019] ZAKZPHC 8 (1 March 2019)
Reported
Child witness’ testimony was inadmissible where court failed to establish understanding of truth; conviction and sentence set aside.
Child witness competence; section 164(1) Criminal Procedure Act; requirement to establish understanding of truth and consequences before admonition; inadmissibility of evidence when competence not shown; unfair trial and setting aside of conviction.
 1 March 2019