|
Citation
|
Judgment date
|
| October 2023 |
|
|
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.
|
18 October 2023 |
|
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.
|
17 October 2023 |
|
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.
|
13 October 2023 |
| September 2023 |
|
|
An own‑interest tender applicant is entitled only to rule 53 documents directly relevant to its limited grounds of review; other bidders must be joined for disclosure of their bids.
Administrative law – review under rule 53 – scope of rule 53 record; standing – own‑interest versus public‑interest litigant; confidentiality/privilege of third‑party tender documents; material non‑joinder of interested bidders; disclosure limited to documents directly relevant to narrow grounds of review.
|
29 September 2023 |
|
Association failed to establish a prima facie right for interim restraint on municipal increase of vacant‑land rate randage.
Municipal finance – interim interdict – requirements for interim relief (prima facie right, irreparable harm, balance of convenience) – association’s standing under section 38 – municipal rates not administrative action (PAJA) – review on principle of legality – budgetary “knock-on” effect – condonation for late process.
|
15 September 2023 |
|
Incorrect registration number on documents does not void a valid suretyship; outstanding capital established independently of the creditor’s certificate.
Company law – conversion of close corporation to company – incorrect registration number in agreements; Suretyship – formal requirements under General Law Amendment Act s6 – identifiable creditor; Evidence – creditor’s certificate of balance not automatically conclusive (Nedbank v Abstein) but capital indebtedness may be established independently; Civil procedure – application vs action – corporate authorisation by director; Onus – surety must prove payments or irregularities alleged.
|
11 September 2023 |
|
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.
|
4 September 2023 |
| August 2023 |
|
|
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.
|
25 August 2023 |
|
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.
|
23 August 2023 |
|
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.
|
23 August 2023 |
|
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.
|
22 August 2023 |
|
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.
|
18 August 2023 |
|
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.
|
18 August 2023 |
|
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.
|
10 August 2023 |
|
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.
|
10 August 2023 |
|
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.
|
4 August 2023 |
|
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.
|
4 August 2023 |
|
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.
|
1 August 2023 |
| July 2023 |
|
|
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).
|
13 July 2023 |
|
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.
|
3 July 2023 |
| June 2023 |
|
|
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.
|
30 June 2023 |
|
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.
|
19 June 2023 |
|
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.
|
15 June 2023 |
|
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.
|
13 June 2023 |
|
|
9 June 2023 |
|
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.
|
9 June 2023 |
|
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.
|
9 June 2023 |
|
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.
|
9 June 2023 |
|
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.
|
7 June 2023 |
|
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).
|
2 June 2023 |
| May 2023 |
|
|
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.
|
29 May 2023 |
|
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.
|
29 May 2023 |
|
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.
|
29 May 2023 |
|
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.
|
26 May 2023 |
|
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.
|
24 May 2023 |
|
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.
|
24 May 2023 |
|
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.
|
22 May 2023 |
|
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.
|
22 May 2023 |
|
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).
|
12 May 2023 |
|
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.
|
10 May 2023 |
|
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.
|
8 May 2023 |
|
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.
|
5 May 2023 |
|
SIU entitled to intervene in pending recovery action to protect state’s financial interests; costs awarded against SIU for delay.
Administrative law / statutory bodies – Special Investigating Unit – statutory mandate to investigate and institute civil proceedings to recover or prevent losses to state institutions – locus standi to intervene in pending proceedings. Civil procedure – Rule 12 intervention – permissive construction; direct and substantial interest as sufficient ground for joinder; intervention as co‑defendant to pursue counterclaim. Procedural fairness – late intervention and prejudice – delay alone does not automatically bar intervention; costs may address prejudice.
|
3 May 2023 |
| April 2023 |
|
|
Advocate found dishonest over R75,000 trust funds; explanations rejected and rule nisi confirmed, leading to striking off.
Professional discipline – Advocate misconduct – misappropriation of client trust funds; improper retention of trust money in business account; credibility of explanation (alleged robbery) – dishonesty – fitness to practise – striking off where no exceptional circumstances justify suspension.
|
28 April 2023 |
|
Applicant failed to show a real risk of consolidation of unrelated municipal accounts to justify an interdict against water disconnection.
Municipal law; interim interdict — requirement of well‑grounded apprehension of irreparable harm; consolidation of municipal accounts — limits where accounts relate to different properties and different persons; statutory alternative remedy — s102 Municipal Systems Act (consumer dispute prevents consolidation).
|
26 April 2023 |
|
Finance company entitled to enforce rental agreement and claim repayment; exclusion clauses and exceptio non adimpleti contractus rejected.
Contract law – hire/finance agreements – exclusion clauses precluding withholding payment or cancellation for defects – enforceability and public policy; exceptio non adimpleti contractus – inapplicable where financier has performed by payment; financier liability – financier not liable for supplier’s defective performance; partnerships – partners may be sued in capacity as partners; Consumer Protection Act – turnover threshold.
|
25 April 2023 |
|
Interim interdict dismissed because the applicant unreasonably delayed PAJA review and failed to establish entitlement to condonation.
Administrative law – PAJA s 3(2)(b) procedural fairness – public participation in disposal of municipal land; PAJA s 7(1) and condonation – 180‑day rule and unreasonable delay; Environmental law – NEMA s 28 duty of care and s 32 standing; Interim relief – requirements for interdict and effect of unexplained delay on prima facie right; Costs – application of Biowatch principle in constitutional/environmental litigation.
|
19 April 2023 |
|
Reported
A departmental circular cannot override the Act; uncontradicted medical evidence entitled the applicant to 100% disablement.
Compensation law – PTSD – departmental circular (Circular Instruction 172) is not binding and cannot override the Act; Schedule 2 Item 6 (‘any other injury causing permanent total disablement’) includes PTSD proven to cause total disablement; tribunal must give reasons and exercise inquisitorial function; award of 39% set aside and substituted with 100% permanent disablement.
|
14 April 2023 |
|
Rule 45 execution improperly used to seize funds for Rule 43 maintenance arrears; interim attachment confirmed and costs awarded to applicant.
Civil procedure – execution under Uniform Rule 45 – competence of Rule 45(12)(a) to collect Rule 43 (pendente lite) maintenance arrears – procedural requirements of Rule 45(3) – improper attachment where no judgment amount exists – appropriate remedy for non‑payment of Rule 43 orders is contempt proceedings.
|
14 April 2023 |
|
Sureties not discharged where loan advanced without new security; deeds permitted non-provision and certificate of balance upheld.
Banking law – suretyship – effect of creditor advancing loan without obtaining agreed additional security – deeds allowing creditor to release or not obtain future security; contractual interpretation – condition precedent versus term; acquiescence; certificate of balance as prima facie proof; costs on attorney-and-client scale.
|
12 April 2023 |