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Citation
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Judgment date
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| September 2023 |
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Severance of an unlawful subdivision repayment clause preserved a loan agreement from contravening the Subdivision of Agricultural Land Act.
Contract interpretation — text, context and purpose (Endumeni) — preamble and surrounding correspondence relevant to intention; Subdivision of Agricultural Land Act 70 of 1970 — contracts of sale/subdivision requiring Ministerial consent; Severability — unlawful repayment clause severed where not essential to parties’ primary intention; Disguised sale vs loan — factual matrix may show true nature of transaction.
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6 September 2023 |
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Applicant failed to prove a prima facie right to interdict execution; onus lies on applicant to prove asset ownership.
Consent order — stay of execution/interim interdict — requirements: prima facie right, balance of convenience — reciprocity of obligations limited to specific asset payments — waiver requires clear objective manifestation — appropriation of payments and onus to prove full payment and ownership.
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4 September 2023 |
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Court orders municipality to classify applicant’s properties as social housing and amend its rates policy; Rates Act not rewritten.
Local government rates — Rates Act s8(3) — municipal rates policy must determine categories according to use — social housing institutions' multi-unit properties constitute a distinct 'social housing properties' category; municipality's classification as residential unlawful — court will not legislate by amending national statute but may order municipality to determine category, amend policy and re-levy rates.
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1 September 2023 |
| August 2023 |
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Department repudiated a distribution contract by withholding payment without required notice, entitling plaintiff to damages.
Contract law – repudiation by state organ – withholding payment and termination without contractual notice constitutes repudiation. Government contracts – pricing guide figures as performance/pricing guide, not strict precondition for payment. Contractual documents – 'delivery note' undefined; bin cards, lease agreements and consent forms can constitute supporting documentation. Remedies – innocent party entitled to damages, interest and costs where contract repudiated; quantum may be accepted on balance of probabilities even without mathematical precision.
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25 August 2023 |
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Summary judgment granted where defendants' denials were vague and failed to disclose a bona fide defence.
Civil procedure – summary judgment – Rule 32(2)(b) – defendant must disclose bona fide defence with particularity – vague/ equivocal denials insufficient; Evidence – reliance on documents annexed to summons accepted for summary judgment – supplementary affidavit discounted but not fatal; National Credit Act – generally inapplicable to large credit agreements with juristic persons and related suretyships.
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23 August 2023 |
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Reported
The applicant was awarded damages for malicious arrest, prolonged detention, reputational harm and loss of earnings.
Malicious arrest and prosecution; deprivation of liberty; solatium for contumelia; causation between arresting officers' misconduct and continued detention; damages for reputational harm; loss of earnings; interest and attorney-and-client costs.
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23 August 2023 |
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Whether unidentified assailants were police acting in the course of duty; court found they were and imposed vicarious liability on the defendant.
Delict — Assault by unidentified assailants — Identification by inference from conduct, vehicles and uniforms — Vicarious liability of the Minister of Police — Onus on balance of probabilities — Weight of J88 and police docket evidence — Inadequate criminal investigation does not preclude civil liability.
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23 August 2023 |
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Owner's cancellation of sale and breach by purchaser rendered occupiers unlawful; eviction granted with six-month delay for student occupants.
Property law – eviction under PIE – commercial purchaser/occupier not entitled to PIE protection; deed of sale validly cancelled where purchaser in material breach; eviction granted with just and equitable delayed date to protect student occupiers; costs awarded including senior counsel.
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22 August 2023 |
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A co-owner’s written acquiescence and subsequent conduct can validate a lease concluded by another co-owner.
Co-ownership – lease by one co-owner – unanimous consent of all co-owners required; acquiescence by written correspondence can constitute consent.
*Estoppel – cannot succeed where the alleged representee (co-owner) made no representation to the third party.
*Costs – attorney-and-client scale is punitive and exceptional; absent reprehensible conduct, party-and-party costs appropriate.
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18 August 2023 |
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An NEC3 adjudicator's decision is enforceable pending arbitration; public policy does not permit withholding payment of such awards.
Construction law – NEC3 adjudication – enforceability of adjudicator's decision pending arbitration – W1.3/W1.4 interpretation. Public law/policy – withholding public funds – whether public policy or s 173 development permits resisting enforcement of an adjudicator's award. Civil procedure – enforcement of adjudication awards – court should not act as appellate tribunal on merits or jurisdiction except in rare grave-injustice cases. Set-off – agreed mutual indebtedness may be reflected in enforcement order.
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18 August 2023 |
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Attachment of a close corporation member’s interest requires compliance with Rule 45(8); non‑compliance renders it invalid.
Close corporation member’s interest – incorporeal movable property – attachment under writ of execution – Rule 45(8) procedural requirements (service on entity; possession or report regarding ownership document; notice to Registrar) – non-compliance renders attachment invalid.
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10 August 2023 |
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Statutory interest under s13A(7) PFA governs late pension contributions; in duplum and Prescribed Rate Act do not apply.
Pension Funds Act s13A(7) – statutory interest on late pension contributions – governed by PFA not Prescribed Rate of Interest Act In duplum rule – does not apply to statutorily prescribed interest under s13A(7) Conduct Standard 1 of 2022 / repeal of Regulation 33 – no retrospective effect Employer obligation – duty to furnish prescribed information and pay contributions; enforcement by fund
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10 August 2023 |
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Leave granted to file further affidavit under Rule 6(5)(e); substantive POCA forfeiture deferred.
Rule 6(5)(e) — discretionary leave to file further affidavit; POCA s48 — forfeiture; admissibility and chain of custody of forensic reports; interests of justice and prejudice in interlocutory motions.
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10 August 2023 |
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Summary judgment refused where genuine disputes on prescription, quantum and settlement required trial and plaintiff’s affidavit exceeded Rule 32 limits.
Civil procedure – summary judgment (Rule 32) – limits of plaintiff's supporting affidavit – plaintiff may not go into merits or replicate a defence. Prescription – interruption by payment – whether payment relates to a different settlement agreement. Contract/settlement – whether magistrates' court settlement novates or alters original obligations. Quantum – dispute over certificate of balance and correct amount claimed.
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10 August 2023 |
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Provisional sequestration refused because the taxed-costs claim was bona fide and reasonably disputed.
Insolvency — provisional sequestration under s10 — taxed bill of costs as liquidated debt — Badenhorst rule: sequestration not for bona fide disputed claims — interpretation of company resolution and surrounding emails (Endumeni) — applicants failed to establish indebtedness on motion.
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4 August 2023 |
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Accused charged with Schedule 6 murder/attempted murder failed to show exceptional circumstances permitting bail; appeal dismissed.
Bail — Schedule 6 offences — section 60(11)(a) CPA — onus on accused to show exceptional circumstances on balance of probabilities — strength of State case (eyewitness ID, cell‑phone records, ballistic evidence) — risk of flight and witness interference — misdirection by magistrate does not necessarily vitiate outcome.
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4 August 2023 |
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A procurement award was upheld: intervening bidder’s review time-barred and tender conditions (price-match/market‑broadening) valid.
Administrative law – procurement review – PAJA s 7(1) time limits and condonation; Public procurement – tender terms permitting award to next highest bidder to broaden market participation (objective criteria under s 2(1)(f) PPPFA); Tender validity extensions – onus and Plascon-Evans approach; Conditional awards (price-match) and compliance; Procedural irregularities and insufficient grounds for review.
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3 August 2023 |
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Court ordered execution of its judgments to continue pending appeal, finding exceptional circumstances and irreparable harm to applicants.
Superior Courts Act s18(3) – suspension pending appeal – test: exceptional circumstances; irreparable harm to applicant; no irreparable harm to respondent – s18 applications inherently urgent and may be launched prior to leave to appeal – private prosecution as abuse of process – costs: attorney-and-own-client including two counsel.
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3 August 2023 |
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Short notice of a special council meeting breached procedural fairness; councillor’s removal provisionally reviewed and reinstatement ordered.
Municipal law — s 53(1) Municipal Structures Act — adequacy of notice of special council meetings; Constitutional law — s 160 and s 33 — audi alteram partem and fair administrative action; legality review — procedural compliance; interim relief — reinstatement pending review.
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1 August 2023 |
| July 2023 |
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Mandament van spolie not available for bank-held funds; leave to appeal refused.
• Civil procedure – leave to appeal – s 17 Superior Courts Act – heightened threshold; reasonable prospect of success required.
• Mandament van spolie – does not apply to monies held in bank accounts because possession rests with the bank.
• Restitution (condictio furtiva) – adjournment and non-appealability where matters not finally determined.
• Payment of funds – payment over to parties holding entitlement in liquidation/counter-application upheld.
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28 July 2023 |
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Plaintiff proved knee injury from supermarket fall but not a new serious back injury; court quantified damages and directed actuarial calculations.
Delict – slip and fall – quantum only where liability conceded; proof and quantification of past and future medical expenses; recovery and computation of loss via substituted labour versus corporate loss; requirement to comply with Uniform Rule 18(10) and need for documentary corroboration; admissibility and weight of expert opinion where underlying facts are uncorroborated; directions for actuarial computation of future medical and earning-loss; costs discretion and allocation of expert and bundle costs.
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28 July 2023 |
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Leave to appeal refused where no realistic prospect of success and suretyship defence failed because deeds permitted release of security.
Civil procedure – Leave to appeal – Section 17 Superior Courts Act – applicant must show appeal would have a reasonable prospect of success or other compelling reason. Civil procedure – Discretion to permit further affidavits – requires exceptional circumstances; mere change of attorneys insufficient. Suretyship – prejudice to surety – prejudice releases surety only where it results from breach of legal duty; where deed permits release of security, surety undertook such risk. Interpretation of deeds of suretyship – express clauses permitting release of security negate claim of unlawful prejudice.
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28 July 2023 |
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Reported
Applicants failed to show prima facie right; review court’s order left mining right operative pending Minister reconsideration.
Administrative law – interpretation of remedial orders; effect of declaration of invalidity where decision is "not set aside"; section 172(1)(b) remedial discretion; Oudekraal rule on consequences of unlawful administrative acts; availability and exhaustion of internal remedies under s 96(2)(a) MPRDA; interim interdict requirements (prima facie right, irreparable harm, alternative remedies, balance of convenience).
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13 July 2023 |
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Whether the MEC validly designated a person under s29(1A) after the speaker refused to convene a council meeting.
Local government – Municipal Structures Act s29(1)/(1A) – MEC designation to call and chair council meetings; Administrative law – judicial review – jurisdictional facts, rationality, legality, audi alteram partem; Constitutional law – intergovernmental supervision, cooperative governance, majority rule; Civil procedure – urgency, postponement, interim relief.
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3 July 2023 |
| June 2023 |
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Admission of guilt fines accepted after arrest were set aside because the charge misdescribed the statutory offence, rendering proceedings unjust.
Criminal procedure – admission of guilt fines – applicability where accused were arrested and released on police bail – initial arrest does not bar subsequent admission of guilt; Criminal law – charge formulation – National Land Transport Act s50 does not require display of permit; defective charge wording rendered proceedings not in accordance with justice; review under s304(4) CPA.
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30 June 2023 |
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Appeal upheld: malicious arrest, detention and prosecution sustained; R400,000 awarded each with interest and costs.
Delict — malicious arrest, detention and prosecution — cause of action arises on termination of prosecution in favour of accused; prescription — s 3 notice within six months and summons within three years; absence of reasonable and probable cause and animus iniuriandi — prima facie case where evidence unchallenged; legal causation — police conduct materially influencing remand leads to liability; interest on unliquidated claims runs from demand/summons at prescribed rate.
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23 June 2023 |
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Assignee-franchisor entitled to evict retailer after fixed-term franchise expiry; arbitration under PPA cannot force renewal.
Property and possession – fixed-term franchise – effluxion of time – surrender of possession on termination – eviction for unlawful holding over Petroleum Products Act s 128 – unfair or unreasonable contractual practice – arbitrator’s remedial limits – no power to create contracts or override ownership rights Locus standi and assignment – assignee 'stepping into the shoes' of franchisor – entitlement to enforce franchise termination and vindicate property rights Costs – abusive or obstructive litigation conduct – attorney-and-client costs including senior counsel
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21 June 2023 |
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Leave to appeal refused: forensic investigatory reports are preparatory, not automatically reviewable, and no reasonable prospect of success.
Forensic investigations — preparatory reports — not necessarily administrative action under PAJA; audi alteram partem not always required for investigatory reports; preparatory reports have no external legal effect until acted upon; lis pendens and parallel labour/criminal proceedings may render review academic.
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19 June 2023 |
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Court allowed execution of eviction order pending appeal under s18, finding exceptional circumstances and irreparable harm to applicant.
Section 18 Superior Courts Act – execution pending appeal – exceptional circumstances and irreparable harm – commercial lease eviction – substantial arrear rental and holding-over damages – prospects of success on appeal relevant.
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15 June 2023 |
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Accused convicted of aggravated robbery and attempted murder by common purpose; acquitted of murder and some possession counts.
Criminal law – armed robbery – common purpose – attempted murder by firing at police – murder of co-perpetrator not imputed where death resulted from independent act of deceased in aftermath – unlawful possession and joint possession of firearms; evidential sufficiency for specific counts; corroborative value of CCTV and witness credibility.
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13 June 2023 |
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9 June 2023 |
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Court referred disputed trust-account and conduct issues to oral evidence; LPA transitional rules and estoppel challenges dismissed.
Legal profession discipline – removal from roll – applicability of LPA transitional provisions (s 116) – distinction between internal enquiries and court proceedings. Administrative law – locus standi of the Legal Practice Council to institute proceedings under LPA. Civil procedure – referral to oral evidence in disciplinary motion proceedings (Uniform Rule 6(5)(g)); discovery and subpoenas. Evidence/estoppel – issuance of fidelity fund certificate and certificate of good standing does not estop disciplinary proceedings.
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9 June 2023 |
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Challenges to chain-of-custody, identification and sentence failed; appeal against conviction and sentence dismissed.
• Criminal law – firearms and ammunition – chain of custody and forensic testing – substitution and prejudice. • Criminal procedure – identification evidence – influence of pre-parade media publication and subsequent statements. • Charge particulars – misdescription of exhibit – materiality and prejudice. • Sentencing – appeal standard; substantial and compelling circumstances; interference only for misdirection or disturbingly inappropriate sentence.
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9 June 2023 |
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Appeal dismissed; trial court’s findings on single‑witness identification, credibility and sentencing upheld.
Criminal law – Murder and assault – conviction on single‑witness evidence – cautionary approach – credibility and identification at night; appellate review of trial court’s credibility findings; sentencing – deviation from s 51 Criminal Law Amendment Act minimum sentence on substantial and compelling circumstances.
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9 June 2023 |
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Reported
Civil court set aside private prosecutions for lack of nolle prosequi, standing and as abusive SLAPP‑style litigation.
Private prosecution — s 7(2) CPA requirement of nolle prosequi certificate; standing under s 7(1) CPA (substantial and peculiar interest); abuse of process — SLAPPs, ulterior purpose and unsustainable prosecutions; jurisdiction of civil courts to interdict private prosecutions; protection of press freedom under s 16; costs on attorney-and-own-client scale.
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7 June 2023 |
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A signatory who is named guarantor in a written lease can be personally bound as surety despite signing as a company representative.
Lease and suretyship – where a lease expressly names a signatory as guarantor and contains a clause creating a distinct guarantee, the signatory is personally bound as surety; compliance with s6 General Law Amendment Act satisfied by written signed document; signing in representative capacity does not preclude an express personal suretyship (Steenkamp v Webster).
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2 June 2023 |
| May 2023 |
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Applicant’s fresh claim to chieftainship barred by res judicata; customary law confirms third respondent as rightful Inkosi.
Administrative law – final court order – requirement to seek rescission or appeal before relitigation; res judicata bars relitigation of same cause. Customary law – succession to chieftainship – affiliation, seed‑raiser (ukungenisa/isivuno) and status of wives determine hereditary succession under Natal Code and KZN statutory framework. Evidence – role and findings of Commission of Inquiry and customary marriage register as determinative evidence of affiliation and heir‑bearing status. Public interest and statutory duty – Premier’s recognition under s 19 constrained by customary law qualifications and prior judicial rulings.
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29 May 2023 |
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Appeal upheld and convictions and sentences set aside because missing trial record prevented a fair appeal.
Criminal procedure – appeal – adequacy of record – missing transcripts and mechanically recorded evidence of key witnesses; right to a fair trial and fair appeal; reconstruction of record; setting aside convictions and sentences where record inadequate; remit to Director of Public Prosecutions under s 324 CPA.
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29 May 2023 |
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Life sentence for rape of an 11‑year‑old upheld; personal circumstances not substantial and compelling.
Criminal law – Minimum sentences – s 51(1) Criminal Law Amendment Act – rape of child under 16 (now 18) – substantial and compelling circumstances. Sentencing – appellate interference – material misdirection required to disturb trial court’s discretion. Mitigation – guilty plea and apparent lack of physical injury insufficient alone to justify lesser sentence (s 51(3)(aA)). Previous convictions and seriousness of offence relevant to rejection of mitigation.
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29 May 2023 |
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Whether the appellant’s corruption was proven beyond reasonable doubt and whether the sentence was disproportionate.
Criminal law – Corruption by police officer – Solicitation of bribes to avoid arrest; Credibility assessment – mutually destructive versions; SAP13 exhibit register – omission of note not necessarily material; Single‑witness caution and corroboration; Sentencing – proportionality and abuse of position of trust.
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26 May 2023 |
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Court awarded R5,624,821 for minor’s loss of earnings, adopting averaged earnings trajectory and 25%/35% contingencies.
Delict – quantification of future loss of earnings – choice of earnings data (Koch 2022 v STATSSA) – use of average earnings trajectory between diploma and degree – appropriate contingencies (25% pre‑morbid; 35% post‑morbid) – reliance on educational and industrial psychologists’ joint minutes – s 17(4)(a) RAF undertaking for future medical costs.
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26 May 2023 |
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Creditor granted summary judgment and return of vehicle where debtor’s debt-review defence was unsubstantiated and NCA termination complied with.
Summary judgment – bona fide defence – defendant failed to disclose a bona fide defence and raised largely unsubstantiated points. National Credit Act – debt review – section 86(10) termination – creditor complied with statutory notice and negotiation obligations. Instalment-sale contracts – repossession/return of vehicle – creditor entitled to return where consumer in default and retained vehicle without payments. Procedural – condonation for non-compliance with practice directive granted.
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24 May 2023 |
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Tender evaluation complied with published criteria; applicant failed to show mis-scoring or prejudice, review dismissed.
Procurement law – tender evaluation – functionality threshold – experience of key personnel – only time actually spent in specified key positions counts for scoring; Administrative law – review under PAJA – aggrieved tenderer entitled to review; Evidence – scoring based on tender documents and submitted CVs; Procedural – defect in applicant’s submissions (insufficient experience periods) may justify lower score; Remedies – failure to meet functionality threshold defeats challenge where additional points would not alter result.
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24 May 2023 |
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Whether the MEC lawfully invoked s29(1A) to convene a council meeting when the speaker investigated alleged forged signatures.
Local government — Structures Act s29(1) & (1A) — validity of majority request — requirement to comply with standing orders — speaker’s duty to investigate suspected forged signatures — limits on MEC intervention and duty to engage — interim interdict and review where unilateral provincial designation risks unlawful usurpation of municipal autonomy.
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22 May 2023 |
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Reported
Ex parte order transferring farms set aside for material non-disclosure, legal incompetence and breach of ex parte disclosure duties.
Ex parte applications – duty of full and frank disclosure; rescission under Uniform Rule 42(1) and common law for judgments erroneously sought/granted; locus standi of co-owner and executrix; unlawfulness of court-authorised transfer of private immovable property without statutory authority (risk of de facto expropriation); costs de bonis propriis and professional conduct referral.
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22 May 2023 |
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Applicants failed to prove procedural irregularities; court upheld the regional elective conference and dismissed the claim with costs.
Administrative and constitutional law – internal political party processes – validity of a regional elective conference – 70% branch qualification threshold – verification/audit report – internal dispute resolution – application of Plascon-Evans where factual disputes arise on affidavit – right to political participation (s19) and party constitution (Clause 5.1.4).
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19 May 2023 |
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Reported
Respondent’s protection order dismissed: alleged conduct predated the Act or was isolated, not constituting harassment.
Protection from Harassment Act 17 of 2011 – definition of harassment – requires repetitive course of conduct or single overwhelmingly oppressive act; temporal limit – conduct predating commencement of Act not actionable; relief to related persons must be supported by evidence; appellate review of procedural choices (oral evidence/read papers).
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12 May 2023 |
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An applicant may not compel production of an administrative record where a PAJA review was launched out of time and no extension sought.
Administrative law; PAJA s7(1) time‑limits and s9 condonation; Uniform Rule 53(1)(b) – production of record; jurisdiction prerequisite to record production; premature application to compel; internal remedies issue reserved.
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10 May 2023 |
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Eviction granted: applicant holds registered title, PIE compliance established and transfer not set aside.
Property law – sale in execution and transfer during pendency of appeal – transfer criticised but not set aside by appellate court. PIE Act – unlawful occupiers – compliance with s 4(2) notice requirements and entitlement to eviction. Civil procedure – requirement to seek relief to set aside sale/transfer – absence of application to undo transfer is fatal to respondents’ defence. Rule 46A/reserve price – discretionary procedure; absence of reserve price not a bar to eviction where transfer remains registered.
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8 May 2023 |
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Whether the particulars disclose a cause of action for alleged negligent breach of mandate by the defendants.
Civil procedure – exception to particulars of claim – cause of action must be bad in law ex facie pleadings to succeed. Pleadings – distinction between facta probanda (must be pleaded) and facta probantia (evidence to be led at trial). Attorneys’ negligence – breach of mandate claims based on choice of cause of action, forum and litigational strategy. Amendment – proposed amendments accepted as basis to sustain certain exceptions; procedural directions given. Damages – pleading of legal fees and ongoing litigation costs; risk of overcompensation and quantification issues.
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5 May 2023 |