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Citation
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Judgment date
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| March 2025 |
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Court awards custody of both young siblings to mother, refuses consent order that perpetuated their separation; sets access for father.
Family law – custody and residence – best interests of the child – siblings should ordinarily be kept together; consent orders affecting minors scrutinised by court as upper guardian; weight of outdated expert reports; contact/access orders; parental alienation allegation considered but not proved.
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13 March 2025 |
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Damages awarded for birth-related negligence adjusted for unsupported medical treatments; certain awards reduced on appeal.
Damages for medical negligence leading to cerebral palsy – Adjustment of awards for future medical costs and significant penalties – Costs associated with speculative future treatments dismissed.
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7 March 2025 |
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Reported
Confession obtained in breach of constitutional right to prompt legal consultation rendered the conviction unsafe and was set aside.
Criminal law — confession — admissibility — accused’s right to remain silent and to consult legal practitioner promptly (s35 Constitution) — exclusion of evidence obtained in violation of Bill of Rights — judicial misdirection in credibility findings and finality of preliminary admissibility ruling — manifestly unsafe conviction where confession is sole incriminating evidence.
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7 March 2025 |
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Rescission dismissed where applicant had notice and failed to prove creditor status; final winding up granted for insolvent company.
Companies law – winding up – provisional winding-up confirmed as final where company is commercially and factually insolvent; rescission – Uniform Rule 42(1)(a) requires absence plus error and court retains discretion to refuse rescission; section 354 locus standi requires proof of creditor status; striking out affidavits requires scandalous/vexatious/irrelevant material; urgency must not be self-created.
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4 March 2025 |
| February 2025 |
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Conviction set aside where trial court misdirected itself and failed to apply required caution to uncorroborated child evidence.
Criminal law – rape alleged against child – evaluation of single child witness evidence – requirement to approach uncorroborated child evidence with caution – misdirection by trial court treating as common cause the occurrence of the rape – medical J88 may be neutral on penetration – interpreter unsworn initially but subsequent swearing cured defect.
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28 February 2025 |
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Court set aside Master’s unlawful trustee appointments and dismissed applicants’ claim to reinstatement.
Trusts — communal property trust — Master’s powers under Trust Property Control Act — appointment and removal of trustees — limits where trust deed prescribes election process — lawfulness of letters of authority — review and setting aside of unauthorised trustee appointments.
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26 February 2025 |
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Failure to exhaust prescribed internal appeal remedies and mootness defeated a review of a municipal tender award.
Procurement law – municipal supply chain management – requirement to exhaust internal appeal remedies before judicial review; municipal accounting officer’s power to deviate from committee recommendations; responsiveness of tender documents (Central Firearm Registration); PAJA timing and mootness of remedial relief.
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26 February 2025 |
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Non-parole period improperly fixed without hearing; 25-year rape sentence correctly confirmed.
Criminal procedure – s 276B CPA – fixing non-parole periods – court must indicate intention, hear parties and give reasons; reserved for exceptional circumstances. Separation of powers – parole assessments ordinarily for parole authorities, not routinely for courts
Sentencing – Zinn triad applied; appellate interference only for material misdirection or startling inappropriateness. Serious sexual offences – multiple rapes at knifepoint justify lengthy term; deviation from prescribed life can be lawful where reasons exist
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24 February 2025 |
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A state entity’s self-review was dismissed for reliance on hearsay and an unreasonable, unexplained delay.
Administrative law — Legality/self-review by state-owned entity — applicant must make case in founding affidavit; hearsay and late, minimal confirmatory affidavits insufficient — review must be brought without undue delay; long unexplained delay (≈1 400 days) unreasonable — discretion to condone delay not to be exercised where delay appears tactical or prejudicial — Plascon‑Evans principle applies to factual disputes in motion proceedings.
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21 February 2025 |
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Reported
Conviction confirmed; sentence reduced to R500 or 30 days; firearm disqualification set aside; magistrate's insulting conduct condemned.
Criminal procedure — s 112(1)(a) plea — exercise caution where accused is unrepresented; sentencing — fine versus alternative imprisonment — proportionality and competence under s112; Firearms Control Act s103(1) — disqualification requires listed offences or imprisonment without option of a fine; Judicial conduct — duty to treat accused with dignity; Review — sentence imposed by additional magistrate subject to section 302(1) review.
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21 February 2025 |
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A racecourse operator is entitled to 3% tax distributions for races specified in its licence; the regulator unlawfully withheld funds.
Gaming and betting — statutory interpretation of distribution of tax deductions — entitlement of racecourse operator to 3% distribution tied to races specified in licence — unlawful withholding of provincial funds by regulator; strike-out of scandalous affidavit averments; punitive costs where state acted unlawfully.
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14 February 2025 |
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Directors’ resolution confined to tax matters cannot be used to authorise commercial lease agreements; agent cannot delegate greater powers.
Company law – authority to bind company – directors’ resolution limited to tax affairs does not confer power to enter commercial contracts; agent cannot delegate more power than conferred; power of attorney cannot validate ultra vires delegation
Agency – actual vs ostensible authority – party requiring proof of actual authority cannot later rely on ostensible authority
Prescription – unjust-enrichment claim prescribed
Reconvention – repayment of amounts withdrawn by debit orders, allowance for reasonable use of goods
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7 February 2025 |
| January 2025 |
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Interdict preventing transfer set aside after subsequent judgment validated competing sale; transfer ordered and costs awarded.
Property law — Competing sale agreements and interdicts; validity of sale by non-registered owner; motion proceedings and Plascon-Evans approach to disputed facts; suspensive/resolutive conditions; misjoinder; transfer relief and costs.
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31 January 2025 |
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Confessions taken without proper rights-advice/interpretation and uncorroborated accomplice/dock ID evidence cannot sustain convictions.
Criminal law – Confessions – Admissibility under s 217 CPA and s 35 Constitution; voluntariness, proper informing of rights and interpretation; commissioned officer attached to investigating team taking confession; judicial notice and handwriting specimens; accomplice evidence and the cautionary rule; reliability of dock identification after mistaken identity at identification parade.
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31 January 2025 |
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Exception dismissed: amended particulars sufficiently pleaded; disputed factual and trust-piercing issues reserved for trial.
Civil procedure – exception under Uniform Rule 23(1) – pleading must disclose cause of action on its face; if evidence can be led to sustain claim, not excipiable; pleadings read as whole not piecemeal; allegations about origin and purpose of payments and nexus to defendant; challenge to declaratory relief piercing trust/alter-ego reserved for trial.
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30 January 2025 |
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Appellant failed to prove conveyancing error or valid transfer of exclusive-use parking bay; appeal dismissed with costs.
Sectional Titles Act — acquisition and transfer of exclusive use areas — pre-1997 transfers require registration by notarial deed of cession; bona fide purchaser protection; onus of proving conveyancing/deeds office error.
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26 January 2025 |
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Arbitration suspends prescription until finalisation; interim awards do not end the suspension.
• Arbitration law – interim awards – effect on arbitration process and enforceability.• Prescription – s 13(1)(f) – arbitration as impediment suspending prescription until finalisation.• Arbitration Act s 31 – making awards orders of court; interplay with Prescription Act.• Prescription Act s 13(2) (reciprocal debts) and set-off – requirement for close correlation and proper pleading.
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24 January 2025 |
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Condonation granted; rule 30A and rule 35(7) applications dismissed — discovery limited to material before the decision-maker.
Civil procedure — Rule 53 review — scope of review record; Rule 35(3)/(7) discovery not a vehicle for documents irrelevant to decision-maker’s record; Rule 30A — limits and proper use; condonation — requirements and adequate explanation; costs — attorney-and-client for abusive or unnecessary interlocutory litigation.
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24 January 2025 |
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Application to rectify sale agreement and compel performance dismissed due to genuine disputes of fact requiring action proceedings.
Contract - Rectification – generally competent only in action proceedings where common intention disputed and oral evidence required. Civil procedure - Motion proceedings – Plascon-Evans and Wightman principles; genuine disputes of fact on affidavits justify dismissal or referral to trial under Rule 6(5)(g). Suspensive conditions – non-fulfilment and lapse; effect of alleged extensions and timing disputes on contractual validity
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24 January 2025 |
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Loan agreement cancelled; respondents jointly and severally liable for R10,100,011.46 with securities executable and notarial bond perfected.
Large business loan – default and cancellation – certificate of balance as proof of indebtedness – suretyship: co‑principal debtor in solidum – special execution of immovable property – perfection of general notarial bond – interest subject to National Credit Act.
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21 January 2025 |
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Business rescue application dismissed for misleading non‑disclosure, procedural non‑compliance and no reasonable prospect of rescue.
Companies Act s 131 – business rescue application by affected person; requirement of reasonable prospect of rescue (Oakdene test); material non‑disclosure and bona fides; provisional liquidation suspends directors’ powers – trading without provisional liquidator’s consent; procedural notice requirements under s 131(2); consequences of speculative/unparticularised rescue allegations.
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21 January 2025 |
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Reported
A business rescue plan cannot extinguish post‑commencement tax debts without the creditor’s explicit accession.
Companies Act s152(4) – adopted business rescue plans binding as to enforceability; s154(2) – compulsory deprivation confined to pre‑commencement debts; s154(1) – creditor accession required to discharge post‑commencement debts; silence/absence not accession; Tax Administration Act requires formal written compromise by senior SARS official; no prima facie entitlement to interim interdict.
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10 January 2025 |
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Reported
Leave to appeal dismissed; attorneys disciplined with costs de bonis propriis for relying on incorrect or non-existent authorities.
Procedural law – leave to appeal – Superior Courts Act s 17(1) test for reasonable prospects of success and compelling reasons
Civil procedure – reconsideration/rescission of orders – exercise of discretion; standards for appellate interference (Trencon principle)
Service and disclosure – Uniform Rules on service, GLAA compliance and condonation; disclosure of prior related proceedings
Professional conduct – duty of legal practitioners (and candidate practitioners) to verify authorities, not to mislead court; supervision obligations (Code of Conduct, rule 18.3)
Use of AI in legal research – risks of fabricated/non-existent authorities; potential disciplinary consequences
Costs – costs de bonis propriis for attorneys responsible for defective authorities and additional appearances
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8 January 2025 |
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Adjournment refusal stands absent misdirection; mero motu substitution invalid without exceptional circumstances—applications remitted for reconsideration.
Administrative law — judicial review — PAJA s 8(1)(c) — substitution orders permissible only in 'exceptional cases' — court should not mero motu substitute administrative decision absent exceptional circumstances or parties' pleadings; Civil procedure — postponement — appellate interference limited to cases where lower court misdirected or exercised discretion irrationally; Audi alteram partem — right to be heard infringed by unbidden substitution.
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7 January 2025 |
| December 2024 |
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Putative self‑defence fails where the appellant lacked an honest reasonable belief and killed an unarmed person; conviction and sentence upheld.
Criminal law – Murder; putative private (self-)defence; distinction between private defence (objective) and putative defence (subjective); assessment of eyewitness credibility; dolus eventualis; sentencing discretion and substantial and compelling circumstances to depart from prescribed minimum.
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20 December 2024 |
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Leave to appeal refused where default was unjustified, service upheld, liability and insolvency established; rescission not bona fide.
Civil procedure – leave to appeal – Superior Courts Act s 17(1)(a): leave only where appeal would have reasonable prospects of success. Service of process – sheriff’s return of personal service carries prima facie validity; vague contrary evidence insufficient
Banks Act – directive under s 83 can give rise to a deemed act of insolvency under s 83(3)(b); prior limitation under s 84 does not preclude reliance on s 83 directive
Sequestration – insolvency and advantage to creditors may be established by repayment administrator’s report and property valuation (less encumbrance). Rescission for default – must be bona fide and accompanied by full, frank disclosure including prior unsuccessful review remedies
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13 December 2024 |
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Loss of support claim dismissed: lobolo and partial cohabitation did not establish a customary marriage or life-partnership entitlement.
Loss of support claim – customary marriage – lobolo payment alone insufficient – Recognition of Customary Marriages Act s3(1) and s10(4) – consent of first wife required – life partnership/relationship akin to marriage not established (Evins; Paixão; Jacobs; MM v MN; Mbungela).
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6 December 2024 |
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Arrest near a recently stolen vehicle based on camera-room information was reasonable; malicious prosecution claim failed.
Criminal procedure – Arrest without warrant – s40(1)(b) CPA – objective reasonableness of suspicion where suspects found near recently stolen vehicle identified via camera room/CCTV. Malicious prosecution – actio iniuriarum – requirement to prove animus injuriandi (intent to injure) or dolus eventualis; negligence insufficient. Prosecutorial discretion – reasonable and probable cause to prosecute pending further investigation; postponement to obtain statements, identification parades and CCTV review justified
Bail – where Schedule 6 offence is involved, accused must show exceptional circumstances to obtain bail; duty to apply for bail rests with accused
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2 December 2024 |
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Indefinite section 77(6) detention in a prison hospital without periodic review was set aside; MHCA transfer ordered.
Criminal procedure – section 77(6) CPA – interim detention of accused unfit to stand trial – requirement for periodic review and limits on committal periods under section 79(2)(a)
Review – High Court special review powers over magistrates’ detention orders where serious prejudice may ensue. Constitutional law – right to liberty – unlawfulness of indefinite detention in prison hospital pending psychiatric bed availability
Mental Health Care Act – necessity of MHCA 23 designation and transfer in terms of section 53(2) for mentally ill prisoners
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2 December 2024 |
| November 2024 |
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Appellant's challenge to bulk-meter domestic water charges dismissed; new commercial-billing claim raised too late.
Sectional title – bulk metering – municipal water tariffs – application of domestic sliding-scale tariff to a single bulk-metered scheme; procedural law – new case raised at hearing / not pleaded – inadmissible; municipal policy permits individual unit meters (owners’ cost); no constitutional attack advanced.
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29 November 2024 |
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Personal service or prior court-authorised substituted service is required before declaring residential property executable; appeal dismissed.
Rule 43A/46A – execution against residential immovable property; requirement of personal service or prior court authorisation for substituted service; judicial oversight over all residential property (primary or non-primary) to protect s 26 rights; notice and right to be heard; execution against sectional title units; application of Bestbier authority.
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29 November 2024 |
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Trial court erred in awarding quantum; insurer failed to prove misrepresentation or material non‑disclosure as cause of loss.
Insurance — liability only under Uniform Rule 33(4) — trial court erred in awarding quantum; Origin of fire — eyewitness evidence v expert reconstruction based on delayed post‑event inspection; Misrepresentation/non‑disclosure — materiality test under s 53(1) Short‑Term Insurance Act; Forensic testing of waste samples — smouldering v flaming risk; Post‑fire remediation not necessarily indicative of concealment.
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29 November 2024 |
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Reported
Appellant's challenges to conviction and sentence dismissed; trial court properly evaluated evidence, credibility, and sentencing discretion.
Criminal law – fraud, corruption, money laundering, PFMA contravention; disclosure of conflict of interest by procurement officials; ex tempore judgment—permissible editorial additions; credibility assessments and adverse inference from silence; sentence review and appellate restraint.
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29 November 2024 |
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Leave to appeal refused where written sale excluded extra-contractual warranties and no triable factual dispute existed.
Sale of goods – interpretation of written sale agreement – pyrolysis charcoal plant vs biochar – incorporation of prior reports – exclusion clauses barring extraneous representations – adequacy of evidence to resist summary judgment – requirement of pleaded, admissible facts to establish a bona fide defence.
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28 November 2024 |
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Court accepts social‑worker forensic evaluation, orders phased unsupervised contact, appoints curator and penalises applicant with costs.
Children — best interests paramount; urgency — self‑created urgency and degrees of urgency; forensic evaluation — competence of social‑work assessors versus psychologists; appointment of curator ad litem and social‑work coordinator; phased reintroduction of contact pending reports; punitive costs for late notice.
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27 November 2024 |
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An exception based on prescription and contractual interpretation failed where ambiguity required evidence and pleadings disclosed a cause of action.
Civil procedure – exception to particulars of claim – whether pleading discloses cause of action; benevolent interpretation of pleadings
Prescription – contractual time‑bar clauses; prescription ordinarily pleaded by special plea; exception not appropriate where prescription does not plainly appear from particulars
Contract law – interpretation of termination and main agreements; admissibility of surrounding circumstances and parties’ subsequent conduct; ambiguity precludes resolution on exception
Costs – successful party on exception entitled to costs absent special features
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26 November 2024 |
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Court upheld life sentences for three rapes, rejecting pre-trial detention as sufficient cause to reduce prescribed minima.
Criminal law – sentencing discretion – prescribed minimum sentences – substantial and compelling circumstances – pre-sentencing detention not sufficient alone – correction of ambiguous sentence record; rape of minors; robbery with aggravating circumstances.
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22 November 2024 |
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Acting senior manager appointments are time‑limited; MEC may second a municipal manager and court authorised interim secondment under s172(1)(b).
Local government — Acting senior managers — Interpretation of ss 54A and 56 Systems Act — Acting appointments limited to three months; specific person may act further once (total six months) only with MEC extension — MEC may second municipal manager to advertised post under s54A(6) and chooses secondee — no equivalent secondment for CFO under s56 — appointments invalid where prescribed competencies lacking or misconduct/conflict present — s172(1)(b) remedial power to authorise interim secondment by MEC.
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22 November 2024 |
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Tender criteria and undisclosed two‑stage procurement were irrational and unconstitutional; awards and agreements set aside.
Administrative law – Procurement – Tender irregularities – Irrational functionality criteria requiring chartered accountants for multiple distinct disciplines; Two‑stage process not advertised; Failure to provide for price/preferential scoring; Remedies under PAJA and section 217 constitutional procurement duties; Internal remedies/exhaustion (MSA appeals and Municipal Bid Appeals Tribunal) ineffective where rights have accrued.
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11 November 2024 |
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A shareholder who approved annual financial statements cannot, without specific evidence of unfair prejudice, compel production of a company's accounting records under section 163.
Company law – s163 Companies Act – remedy for oppressive or unfairly prejudicial conduct – high threshold and requirement of specific, identifiable course of conduct causing objective prejudice. Shareholder inspection rights – s26(1)(c) – right to annual financial statements presented to AGMs; right to accounting records and source documents not automatic
PAIA – alternative avenue for access to information not invoked by applicant
Costs – punitive attorney-and-client costs appropriate where application is ill-founded and motivated by improper purposes
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8 November 2024 |
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Refusal to compel discovery of documents irrelevant to an actio iniuriarum claim is non-appealable; appeal dismissed with punitive costs.
Discovery – interlocutory orders – appealability under s83(b) and Zweni – refusal to compel discovery of documents irrelevant to actio iniuriarum – animus iniuriandi – post-event documents not generally probative – punitive costs for unmeritorious interlocutory conduct.
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1 November 2024 |
| October 2024 |
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A purchaser at a sale in execution who accepts sale conditions can be liable for historic municipal debt beyond the two‑year rule.
Municipal rates clearance – sale in execution – s 118(1)(b) two‑year clearance versus s 118(3) historic debt – conditions of sale binding purchaser – municipality entitled to demand payment or guarantee or interdict transfer to secure municipal charge.
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31 October 2024 |
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Appellate court substituted two rape convictions with one multi‑occasion rape conviction and reduced sentence to 25 years.
Criminal law — Sexual offences — Consent vitiated by coercion and intoxication under SORMA; single‑witness evidence; first report and delay — s 59 SORMA
Procedure — Charge framing: s 94 CPA (diverse occasions) versus multiple counts; s 106(4) entitlement to verdict; s 88 inapplicable to import common‑purpose findings
Sentencing — Application of Schedule 2 Part I item (a)(i) CLAA (rape more than once); appellate interference where sentence disproportionate
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29 October 2024 |
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A defendant’s claim that a third party will pay instalments is not a bona fide defence to repossession.
Summary judgment — bona fide defence — oral evidence under Rule 32(4) — admissions of possession and arrears — third‑party payer allegation insufficient — National Credit Act s129 and certificate of balance compliance — repossession authorised.
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28 October 2024 |
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A sheriff lawfully executed a valid court order to seize property “where found”; no reasonable prospects of appeal.
Civil procedure – execution of court orders – sheriff authorised to attach and remove property “where found” – forcible entry to execute order. Constitutional law – limitation of rights (privacy, access to court) – justification under s36 – burden of factual proof on papers
Rule 16 – notice of constitutional issues where respondents rely on court order
Spoliation – not established where execution is pursuant to valid court order
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22 October 2024 |
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Arrest and detention lawful under s40(1)(a), malicious prosecution dismissed, but State liable for assault and costs on scale B.
Police powers – Arrest without warrant – s 40(1)(a) CPA – jurisdictional facts satisfied where officers present and fired upon; Detention – s 50 CPA – detention and guarded hospitalisation lawful where serious firearm offences; Assault – State vicariously liable where medical evidence and probabilities establish assault by arresting officers; Malicious prosecution – requires lack of reasonable and probable cause and animus injuriandi; Misdescription of party – substance over form where no prejudice; Costs – scale B, two counsel disallowed.
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18 October 2024 |
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Appellate court dismisses sentence appeal for deliberate theft of construction machinery; no material misdirection by trial court.
Criminal law – Theft of construction machinery – Sentencing – Appellate review of sentence – application of Malgas test; discretion of trial court; rejection of correctional supervision recommendation; weighing of mitigating factors and general deterrence.
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18 October 2024 |
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Court rules respondent could not terminate the contract before appeal completion based on explicit agreement terms.
Contract law – termination of contract – interpretation of contractual terms – impact of explicit contract terms over implied terms.
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17 October 2024 |
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Applicant misappropriated trust funds, failed to show full disclosure or genuine reformation, so readmission was refused.
Professional misconduct — misappropriation of trust funds; readmission — Kudo/Behrman/Swartzberg criteria; failure of full disclosure and inadequate repayment; credibility and remorse; costs awarded to regulatory body and Fidelity Fund.
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14 October 2024 |
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Plaintiff awarded R8.23m for loss of earnings and general damages; disability grant deducted from loss award.
Road Accident Fund – quantum – past and future loss of earnings – contingency (0.5% p.a.) and 5% past deduction – deduction of state disability grant as collateral source – general damages for severe traumatic brain injury and below-knee amputation – expert joint minutes and assessment of employability/probabilities.
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14 October 2024 |