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Citation
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Judgment date
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| December 2023 |
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An intentional unlawful arrest is not an "accident" under s35 COIDA, so COIDA does not bar the employee's claim.
COIDA s35 — exclusivity — definition of "accident" — intentional/unlawful acts excluded; causal connection/"zone of risk" test; onus on employer to show injury arose out of employment; statutory interpretation in light of Khoza, MEG v ON and Churchill.
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19 December 2023 |
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An electronically signed instrument styled as a 'Guarantee' was held to be a principal guarantee, not a suretyship; advanced e-signature unnecessary.
Guarantee vs suretyship – interpretation of instrument using text, context and purpose – electronically signed guarantee – ECTA s13(1) advanced signature not required where instrument creates principal obligation – entitlement to judgment for bank.
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19 December 2023 |
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19 December 2023 |
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Appellants convicted of murder on common purpose; life sentences reduced to 14 years due to substantial and compelling circumstances.
Criminal law – murder – common purpose and dolus eventualis – active association where multiple accused jointly assaulted victim leading to fatal skull fracture. Criminal procedure – sentencing – mandatory minimum life imprisonment under s 51(1) CLAA – substantial and compelling circumstances may justify deviation; appellate interference where trial court materially misdirected. Evidence – eyewitness and post‑mortem corroboration of blunt force injuries.
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18 December 2023 |
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Appeal dismissed: single‑witness and medical evidence supported convictions; no substantial and compelling circumstances for reduced sentence.
Criminal law – sexual offences – rape, sexual assault and kidnapping – single‑witness evidence and cautionary approach; corroboration by medical evidence; customary marriage and consent not a defence; sentencing – prescribed life sentence for multiple rapes; appellate interference only for misdirection or disproportionate sentence.
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1 December 2023 |
| November 2023 |
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Late amendment alleging postnatal resuscitation failures refused as unsupported by evidence and prejudicial to the defendant.
Civil procedure — Pleadings — Amendment under Uniform Rule 28 — Late amendment during trial to allege postnatal sub‑optimal resuscitation — amendment refused where unsupported by evidence led, inconsistent with existing expert evidence, and likely to prejudice respondent; prejudice and contribution to real issues are decisive; costs ordered against applicant, taxable after final judgment.
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28 November 2023 |
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Arrear vehicle licence fees existing at liquidation form part of the concursus creditorum; traffic regulator is not a preferent creditor.
Company law – liquidation – concursus creditorum – proof of claims under Companies Act and Insolvency Act; Road Traffic Regulations reg 25(7) – licence refusal does not create preferent creditor status; registrars’ remedy versus statutory proof of claim; refund of penalties where refusal to renew caused unlawful penalty accrual.
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27 November 2023 |
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Whether the applicant validly exercised an option to purchase land despite its subsequent subdivision into four erven.
Option to purchase – validity of written exercise where subject land later subdivided; identity of merx unaffected by subsequent re-description; annexed draft agreement as offer, not destruction of acceptance; option price preserved despite separate offer to pay additional development costs; seller’s obligation to effect subdivision and compliance with approval conditions includes costs of services; conditional counterclaim required to secure payment of additional servicing costs.
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27 November 2023 |
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24 November 2023 |
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Application to declare respondent vexatious dismissed for failure to prove persistent, groundless litigation.
Vexatious proceedings – section 2(1)(b) Vexatious Proceedings Act – requirement of persistence and absence of reasonable grounds; limitation of access to courts (s34) and justification under s36; relevance and distinction from Beinash v Ernst & Young; costs award including reserved costs.
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23 November 2023 |
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23 November 2023 |
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Applicant obtained interdiction restraining pension payment pending the fund's final decision on withholding under s 37D(1)(b)(ii).
Pension Funds Act s 37D(1)(b)(ii) – withholding of benefits; interdictory relief – requisites for final interdict; Highveld Steel principle – purposive interpretation permitting withholding pending determination; availability of alternate remedies (Pensions Funds Adjudicator); preservation pending fund’s final decision.
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23 November 2023 |
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De bonis propriis costs require exceptional legal misconduct; none found, so the personal costs order was set aside.
Costs — de bonis propriis — personal costs order against legal representative — exceptional circumstances required — misdirection as to timeliness of recusal application — absence of reckless or egregious conduct — order set aside.
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17 November 2023 |
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Condonation granted and leave to appeal allowed where another court may differ on whether INEC validly called the elective conference.
Civil procedure – condonation for late filing of application for leave to appeal – interest of justice, degree of delay and prospects of success considered. Appeal – leave to appeal to Supreme Court of Appeal granted where another court might reach different conclusion on whether an interim party body validly called an elective conference. Internal party disputes – validity of elective national conference called by Interim National Executive Committee (INEC) and effect of deviations from party constitution. Procedural defences – acquiescence, peremption and brutum fulmen considered and not established. Costs – apportionment and inclusion of costs of two counsel where so employed.
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17 November 2023 |
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Court set aside dismissal, adjourned trial sine die and ordered de bonis propriis costs against respondents' attorney.
Procedure – adjournment by consent – Magistrate's Court Rule 31(1)(b)(i) and 31(4) – 15‑day notice requirement is peremptory; judicial discretion to refuse late consent adjournment. Procedure – exercise of discretion – trial court must distinguish parties’ conduct and not treat innocent party as equally to blame. Costs – de bonis propriis order – counsel’s egregious misleading and opportunistic conduct warrants personal costs order.
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17 November 2023 |
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Court finds likely spoliation but, exercising discretion on costs, orders each party to pay own costs.
Spoliation — urgent relief based on possession not title; Costs — judicial discretion to be exercised fairly; Uniform Rule 41A — non-compliance not automatically fatal; Choice of forum — litigant entitled to choose High Court; Self-help — unlawful and justifies urgent relief.
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16 November 2023 |
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Court awarded R2,513,541.35 for a child’s traumatic brain injury, accepting actuarial loss calculations and R1,250,000 general damages.
Road Accident Fund – Quantum – assessment of future loss of earnings based on actuarial calculations using mean of opposing industrial psychologists’ postulations; general damages for pediatric traumatic brain injury – appropriate comparative awards and reasoning; section 17(4) undertaking for future medical costs; entitlement to interest where interest not claimed and prescribed rate calculation (repurchase rate plus 3.5%).
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16 November 2023 |
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Reported
Court removes trustee for serious fiduciary breaches; rejects court-appointed administrator, reserving that power to the Master.
Trusts – removal of trustee under s 20(1) Trust Property Control Act – fiduciary duties – misappropriation, unauthorised payments, unilateral acts and litigating without authority; Master’s exclusive discretion under s 16(2) to investigate/appoint administrator – limits on High Court ordering appointment; intervention by beneficiary; costs de bonis propriis and attorney-and-client costs.
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10 November 2023 |
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Applicant’s dissatisfaction claim was timely; SAICE appointment of adjudicator valid and employer must comply with adjudication.
Construction contract – dispute resolution by adjudication – time‑bar under GCC clause 10.2 – cause of dissatisfaction arises on receipt of certified payment certificate; Ad‑hoc adjudication rules – nomination by SAICE – validity of SAICE appointment; jurisdiction to determine time‑bar issue where raised.
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10 November 2023 |
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Application to adduce further evidence under s 309B is for the trial court to decide and must be remitted for determination.
Criminal procedure – s 309B(5) Criminal Procedure Act – application to adduce further evidence – decision is for trial court, not appeal court; trial court must receive evidence and record findings (cogency, sufficiency, demeanour and credibility) per s 309B(5)(c)(ii). Post‑sentence mitigation evidence – exceptional reception but required for fair trial rights.
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10 November 2023 |
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Incomplete trial record did not prevent a fair appeal; convictions as co‑perpetrators and identification upheld; delay referred to DPP.
Criminal procedure – incomplete appeal record and adequacy for fair appeal; evidential assessment on appeal; participation (co‑perpetrator) versus common purpose; identification evidence — parade v dock identification; inordinate delay in appeal process.
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10 November 2023 |
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A sentence for operating a taxi without a permit was excessive; the accused’s sentence was partially suspended on review.
Criminal law – Sentencing – Review – Sentence inappropriate and inducing shock – Magistrate’s misdirection by over-emphasising general deterrence – Suspension of portion of sentence as permissible and proportional option – National Land Transport Act s.50(1).
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10 November 2023 |
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A single verbal exchange and an earlier dog-bite incident did not meet the statutory threshold for harassment; interim order discharged.
Protection from Harassment Act 17 of 2011 — definition and scope of "harassment"; objective test for harassment — serious fear, alarm or distress; requirement of course of conduct or single overwhelmingly oppressive act (Mnyandu v Padaychi); review of confirmed interim protection orders.
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3 November 2023 |
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No substantial and compelling circumstances found; imposed life for murder and concurrent prescribed terms for related offences.
Criminal law – Sentencing – Minimum sentences prescribed by Criminal Law Amendment Act – substantial and compelling circumstances (S v Malgas) – first offender status insufficient where offence is particularly grave – murder as part of group/common purpose – robbery with aggravating circumstances – concurrency of sentences (s 280(2) CPA) – lack of remorse – mercy limited.
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3 November 2023 |
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Whether dock ID and uncontested DNA proved identity; convictions and concurrent life sentences for rape of minors upheld.
Criminal law – Identification evidence – Dock identification to be approached with caution; admissible but of limited weight absent independent prior identification. Criminal law – DNA evidence – admissibility, chain of custody, and weight; DNA as circumstantial evidence requiring proper chain and interpretation. Criminal procedure – Pre-trial admissions – statements at pre-trial and in court as bearing on contested issues. Sentencing – Appellate restraint; interference only for material misdirection or shockingly inappropriate sentence. Sexual offences – Rape of minors; minimum sentence and gravity of predatory conduct.
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3 November 2023 |
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The applicant's appeal against convictions and life sentence for kidnapping and rape of a minor is dismissed.
Criminal law – sexual offences – rape of a child under 16; single‑witness evidence and cautionary approach; medical evidence and significance of genital injuries; definition of sexual penetration; minimum sentence life imprisonment under s 51(1) and Part I of Schedule 2; substantial and compelling circumstances; sentencing triad (Zinn).
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3 November 2023 |
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Appeal upheld: state failed to prove corruption or defeating ends of justice; accomplice evidence unreliable and charges duplicative.
Criminal law – Corruption – Elements and proof – requirement to prove public officer accepted or agreed to accept gratification to act or omit lawful duty beyond reasonable doubt. Evidence – Accomplice evidence – necessity to approach with caution where witness is unsatisfactory or inconsistent. Criminal procedure – Splitting of charges/duplication – when two charges arise from same composite conduct, prosecution must avoid unfair multiplicity. Criminal law – Defeating the ends of justice – omissions on admission-of-guilt notices (J534) do not alone prove intent to defeat prosecution.
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3 November 2023 |
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Identity proved by surveillance footage and eyewitnesses despite an imperfect identity parade; accused convicted on all counts.
Criminal law – identity – weight of identification parade evidence where parade participants not matched for complexion, facial marks or beard – reduced weight. Criminal law – corroboration – value of objective CCTV footage combined with eyewitness and police observations. Criminal law – common purpose – gang roles in armed robbery and foreseeable lethal risk leading to murder and attempted-murder liability.
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2 November 2023 |
| October 2023 |
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Liquidator must act under the settlement agreement, stepping in only where attorneys failed to agree; no rectification ordered.
Contract interpretation; universal partnership dissolution; liquidator's appointment and mandate; whether mandate novates settlement agreement; annexure 'M' not a final ruling; timeousness of review; rectification of mandate; liquidation and distribution account; debatement.
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29 October 2023 |
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Court set aside adjudicator’s levy order for failure to consider contract, admitted unsigned agreement, and remitted matter to CSOS.
Community Schemes Ombud Service Act – appeal under s57 limited to questions of law; condonation for late appeal; admissibility and status of unsigned Agreement of Use and Occupation; adjudicator’s duty under s51 to obtain documents; adequacy of reasons under s54(1)(c); remittal versus substitution of administrative decision.
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25 October 2023 |
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Applicant’s inconsistent, unaudited financials rendered its bid non‑responsive; contract invalid and interim relief refused.
Public procurement – mandatory pre‑qualification criteria – audited financial statements – failure to comply renders bid non‑responsive; no power to condone pre‑emptory requirements; reactive (collateral) challenge by organ of state permissible to resist enforcement of unlawful award; interim relief requires prima facie right and prospects of success; punitive costs where applicant seeks to preserve unlawful status quo.
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24 October 2023 |
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Summary judgment refused where defendant’s perfunctory denial of possession nonetheless disclosed a bona fide triable defence.
Civil procedure – summary judgment — amended Uniform Rule 32 — assessment limited to whether plea discloses nature and grounds of defence and whether defence appears bona fide and good in law; rei vindicatio — owner must prove ownership, defendant's possession at commencement of action and identifiable thing; bare or perfunctory denials may be unacceptable drafting but can still raise triable issues; costs of summary judgment reserved for trial court.
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20 October 2023 |
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Police procured confessions irregularly; police, NDPP and trial court held jointly liable and damages to be apportioned; quantum postponed.
Police procedure – confessions vs warning statements – failure to use prescribed confession pro forma – confessions obtained by investigating officers treated as fatally defective; Malicious prosecution and delict – police acted without reasonable and probable cause and with animus; Prosecutorial and judicial negligence – contribution to unlawful detention; Apportionment of damages between police, NDPP and trial court; Quantum postponed sine die.
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20 October 2023 |
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Appeal dismissed; personal circumstances not substantial and compelling to depart from CLAA minimum sentences.
Sentencing appeal – prescribed minimum sentences (CLAA) – substantial and compelling circumstances – appellate interference standard – night‑time home invasion and multiple gunshot killing – genuine remorse requirement.
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20 October 2023 |
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Reported
A section 105A plea agreement that lacks required authorisation, consultation and judicial scrutiny is invalid; conviction set aside.
Criminal procedure – Plea bargaining – s105A CPA – requirements for valid plea and sentence agreement (prosecutor's written authorisation; consultation with investigating officer and complainant; accused's legal representation and confirmation; presiding officer's duty to ensure sentence is just); Distinction between s112(2) written pleas and s105A negotiated pleas; Review and setting aside of conviction and sentence for non-compliance.
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20 October 2023 |
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Reported
Public bodies failed to justify PAIA refusals; PEC secrecy and forensic reports not exempt, disclosure ordered (limited exceptions).
PAIA — burden under s81(3) — sufficiency of evidence; s7 exclusion for records sought for litigation; s44 (opinions/reports/minutes) and requirement that material was obtained to assist decision‑making under law; s23 (missing records) and s23(2) particularity; s12 Cabinet secrecy limited to national Cabinet; disclosure of interview audio and individual score sheets; protection of third‑party personal information under POPIA/PAIA.
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19 October 2023 |
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An authority challenge to litigation must be pursued under Rule 7(1); raising it first in an answering affidavit is fatal.
Corporate law – authority to institute litigation – Uniform Rule 7(1) – challenges to authority must be raised by rule 7(1) and not first by answering affidavit; Companies Act s75(5) – director’s disclosure and recusal; Eviction – commercial lease terminated for arrears – ejectment granted; Costs – attorney-and-client scale for dilatory or specious litigation conduct.
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19 October 2023 |
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Condonation for a late PAJA review and a last‑minute postponement were refused due to unjustified delay, weak prospects and likely mala fides.
Administrative law – PAJA s7 and s9 – condonation for late review – interests of justice: length and cause of delay, prospects of success, prejudice and effect on administration of justice; Civil procedure – postponement – discretionary refusal where explanation and timing inadequate; Professional conduct complaints – complaints to Legal Practice Council – review dismissed where complaints lack merit or are mala fide; Abuse of process – false allegations vitiating prospects of review.
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18 October 2023 |
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Court found no substantial and compelling circumstances to avoid prescribed minimum sentences; imposed life for murder and concurrent determinate terms.
Criminal law – sentencing – minimum sentences under Criminal Law Amendment Act – substantial and compelling circumstances – common purpose liability – youthfulness as mitigating factor – remorse – concurrency of sentences – no s103(1) Firearms Control Act order.
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18 October 2023 |
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Application to return child to private school struck off for lack of urgency; children's court is appropriate forum.
Urgency — Uniform Rule 6(12)(b) — self-created urgency; Children’s matters — best interests of the child (s 28(2) Constitution) — children’s court proper forum for disputes on care, contact and schooling; Interim relief — applicant must show inability to obtain substantial redress in due course.
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18 October 2023 |
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Summary judgment granted where defendants’ plea and affidavit were vague, contradictory and failed to disclose a bona fide defence.
Rule 32 – summary judgment – defendant must disclose a bona fide defence; amended Rule requires proper, detailed plea; vague, contradictory plea and affidavit may constitute a sham defence; reliance on Breitenbach and Maharaj; summary judgment appropriate where defence not substantiated.
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17 October 2023 |
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A member’s short-term letting rights under an MOI/Conduct Rules can be lawfully removed by a validly passed special resolution; adjudicator must consider MOI amendment legality.
Community schemes – CSOS Act s57 appeals limited to questions of law; adjudicator’s duty to consider relevant evidence (s50(c)). MOI amendments – requirements for special resolutions and valid voting; minutes and notice as determinative. Validity of AGM special resolution to amend MOI and Conduct Rules; board’s power to convene AGM under MOI. Vested rights – contractual rights under MOI/Conduct Rules can be altered by validly passed amendments.
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17 October 2023 |
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Circumstantial and fingerprint evidence supported an inference of common purpose, convicting all three accused of kidnapping, robbery, murder and attempted murder.
Criminal law – Kidnapping, robbery, murder and attempted murder – Circumstantial evidence and inference (R v Blom) – common purpose – admissibility and weight of fingerprint/palm-print evidence – consequences of accused electing silence – section 174 discharge – section 204 indemnity – criticism of inadequate police investigation.
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16 October 2023 |
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A prosecution may not review an acquittal based solely on dissatisfaction with the magistrate’s factual finding.
Criminal procedure – review versus appeal – acquittal finality; review to challenge legality/process not correctness; prosecution appeal limited to questions of law (s310(1)); double jeopardy protection; s174 discharge; absence of identified procedural irregularity defeats review.
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13 October 2023 |
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As‑is sale clause and lack of incorporated warranty defeat CPA and report‑based defences; summary judgment granted.
Contract — sale of used plant sold "as is"; exclusion clause precluding unwritten representations; Consumer Protection Act defence insufficiently pleaded and inapplicable; pre‑contract laboratory report not a contractual guarantee; summary judgment where no bona fide defence disclosed.
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13 October 2023 |
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Reported
Trustees who divert donor funds to themselves and associates in breach of trust may be removed and ordered to pay costs.
Trust law – removal of trustees – s 20(1) Trust Property Control Act – fiduciary duties (care, diligence, impartiality, conflict avoidance) – trustees’ discretion to distribute trust funds vs trust objects – improper distributions to trustees and related parties – costs on attorney-and-client scale.
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13 October 2023 |
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Court granted interim stay of councillors' expulsions pending review due to procedural irregularities and urgency.
Administrative law – procedural fairness – compliance with Rule 16(8) and s3 of PAJA – right to make submissions before removal. Interim relief – urgency, prospects of success, balance of convenience – stay of removal and interdiction of by-elections. Non-joinder – political parties not required where relief directly affects applicants. Intervention – leave granted to political party to intervene as respondent.
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6 October 2023 |
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Sequestration confirmed where unexplained transfers and trust/spouse dealings create a reasonable prospect of asset recovery for creditors.
Insolvency — s 12(1)(c) Insolvency Act — advantage to creditors assessed on a 'reason to believe' standard — unexplained transfers between company, director, spouse and family trust may justify sequestration to enable statutory investigation; provisional trustees have limited powers and paragraph in provisional order does not empower full enquiries; liquidation interrogations and referral to oral evidence are not always adequate substitutes; late affidavits and last-minute adjournments refused where they would not materially assist.
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6 October 2023 |
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Interim stay granted of councillor expulsion pending review due to procedural irregularity and urgency.
Administrative law – review and interim relief – urgency – procedural fairness in removal of municipal councillor; complaint-author participating in investigative committee; failure to interview affected councillor; balance of convenience; joinder and intervention.
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6 October 2023 |
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Practitioner justified winding up where an amended rescue plan failed and promised intra‑group funding never materialised.
Companies Act — business rescue — s141(2)(a)(ii) — practitioner must show reasonable grounds for conclusion no reasonable prospect of rescue (Oakdene standard) — Plascon‑Evans approach to disputed facts — failed rescue plan dependent on intra‑group capital injection — conditional, lapsed sale agreements not reliable — final liquidation appropriate — costs order against intervening creditor for opposition.
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6 October 2023 |