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Citation
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Judgment date
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| November 2024 |
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Exception dismissed: particulars sufficiently pleaded to support post-perfection trading and overdraft claims; evidentiary issues reserved for trial.
Notarial bonds – perfection – entitlement of mortgagee to possess, manage or allow mortgagor to continue business – distinction between facta probanda and facta probantia in exceptions – pleading sufficiency on exception; exception procedure; costs on exception (scale B).
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15 November 2024 |
| October 2024 |
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Urgent ex parte perfection of a notarial covering bond justified; certificate of indebtedness is prima facie proof, rebuttable on balance of probabilities.
Security law – Notarial covering bond – Perfection clause permitting creditor to take possession of movables – Urgent ex parte relief to perfect security justified where prior notice risks dissipation; Certificate of indebtedness under bond constitutes prima facie proof, rebuttable on a balance of probabilities; Exceptio non adimpleti contractus not a bar to perfection at interlocutory stage; Rule 6(11)/(15) procedure required for strike-out applications.
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30 October 2024 |
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PAJA delay condoned; court finds respondent’s appointment lawful and dismisses applicant’s review; each party bears own costs.
* Administrative law – judicial review of appointment of school principal – PAJA time limits and condonation under s 9. * Administrative law – exhaustion of internal remedies – where statute provides no adequate internal remedy and reasons not furnished, exhaustion not required. * Education law – s 6(3) EEA – role of interviewing committee, SGB recommendation and Head of Department’s discretionary appointment. * Procedure – compliance with Collective Agreement and PAM; reviewability of SGB process; remedies and costs.
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11 October 2024 |
| April 2024 |
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Leave to appeal granted where applicant raised prima facie triable defence despite not providing a satisfactory explanation for default.
Practice — default judgment — six‑month period measured from date of application for default judgment, not date of judgment; Rescission — explanation for default — requirement of reasonable and satisfactory explanation; Rescission — bona fide defence — prima facie triable issues where partial payments and National Credit Act challenge alleged; Leave to appeal — s17(1)(a) Superior Courts Act — reasonable prospect/triable issues.
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26 April 2024 |
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A gambling licence granted without proof of compliance with Regulation 7(c)'s 500m restriction was unlawful and is set aside and remitted.
Administrative law — review — licence granted in alleged contravention of Regulation 7(c) (500m restriction from schools) — failure to demonstrate measurement; hearsay evidence — admissibility under Law of Evidence Amendment Act s 3(1)(c) — confirmatory affidavit late and struck out; irrelevant/unsubstantiated material relied on — decisions irrational and reviewable; remedy — remittal; costs awarded.
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26 April 2024 |
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Whether an amendment clarifying medical causation creates a new cause of action and whether late filing should be condoned.
* Civil procedure – amendment of particulars of claim – clarification of causation versus introduction of new cause of action – prescription.
* Uniform Rules of Court – rule 28(5) amendment procedure; rule 30(1) setting aside of irregular step; rule 49(6)-(7) and (13) appeal record and security requirements.
* Evidence – strike-out of affidavit passages alleged to be hearsay where expert report served and expert likely to testify.
* Costs – indemnity for condonation/reinstatement and wasted costs where delay attributable to appellant.
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19 April 2024 |
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Department held liable for learner’s stroke and permanent hemiparesis caused by slipping on a wet school bathroom floor.
Delict — negligence — omission by public authority — duty of care to learners to maintain safe premises; slip and fall in school bathroom; medical causation of cerebral infarct due to carotid dissection after minor head/neck trauma; factual and legal causation; foreseeability and remoteness; liability of Department of Education for damages, expert fees and costs.
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12 April 2024 |
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Eviction under PIE granted but suspended pending census, restitution compensation verification, and alternative accommodation arrangements.
* Land law / evictions – PIE Act – institutional eviction of occupiers from state military land; eviction granted but suspended pending compliance with compensation and housing obligations.
* Procedural law – lis alibi pendens – long‑stayed, untraceable prior eviction application regarded as abandoned and not a bar to new proceedings.
* Prescription – acquisitive prescription not available where occupation commenced upon relocation in 1978 and state title/legislation preclude prescription.
* Jurisdiction – ESTA inapplicable where prior eviction proceedings terminated any consent; PIE governs eviction.
* Remedies – court may grant eviction but suspend execution and impose structured steps (census, verify restitution compensation, arrange alternative accommodation).
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5 April 2024 |
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Applicant failed to prove possession or ownership; sheriff lawfully executed warrant at debtor’s business; rule nisi discharged with costs.
Execution — Magistrates’ Courts Rules — Rule 41: sheriff may execute at debtor’s residence, place of employment or business where goods are located; Spoliation (mandament van spolie) — requirement of prior possession and unlawful dispossession; Rei vindicatio — owner must prove ownership of identifiable goods and defendant’s possession; Rule 44(2)(a) — claimant’s obligation to lodge affidavit to claim attached goods; Urgency — inherent urgency in spoliation/vindication claims but merits required for final relief; Interdict — need for clear right, injury and absence of alternative remedy.
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5 April 2024 |
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Applicants proved possession but failed to show unlawful dispossession because respondents lawfully revoked the managing authority; application dismissed with costs.
* Civil procedure — urgency — condonation of non‑compliance with Uniform Rules where spoliation remedy is inherently urgent. * Mandament van spolie — requirements: peaceful, undisturbed possession and unlawful deprivation — Plascon‑Evans application. * Possession — may be non‑exclusive, joint or exercised by an agent; evidence of control and management sufficient. * Wrongful deprivation — displacement is wrongful only if without a special legal right to oust the possessor; revocation of authority may constitute such right. * Costs — unsuccessful applicant to pay costs, including costs of two counsel.
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2 April 2024 |
| March 2024 |
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Forfeiture dismissed where NDPP relied on inadmissible hearsay and redistribution agreement entitled appellant to deal with the property.
• Forfeiture (POCA Chapter 6) – onus on NDPP to prove property is proceeds of unlawful activities on a balance of probabilities; admissibility of evidence under Law of Evidence Amendment Act. • Hearsay – statements of third parties must be confirmed or admissible in the interests of justice; deponents must have personal knowledge. • Contract/Property law – redistribution agreement and rights to deal with an undivided share; non-ownership does not necessarily preclude valid sale where undisturbed possession is deliverable.
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28 March 2024 |
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Applicant’s parole was validly withdrawn/revoked within 14 days; no bad faith or forgery, application dismissed.
Correctional Services Act s75(2)(a) – parole revocation/withdrawal – meaning and effect; procedural fairness in parole revocation; timing of Board consideration within 14 days; allegation of forgery of Board documents; Biowatch principle on costs for indigent litigants.
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28 March 2024 |
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Urgent application to compel convening of council meeting struck for lack of urgency and unexplained delay.
Urgency — Rule 6(12) — applicant must explain why relief is necessary immediately and why substantial redress cannot be obtained in due course; Local government — convening council meetings — Regulation 5 Disciplinary Regulations for Senior Managers; s29(1)/(1A) Structures Act — power to convene and, in refusal, MEC’s designation to convene and chair; delay/dilatory conduct — fatal to urgency.
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25 March 2024 |
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Applicant’s vehicle struck by unsafe overtaking; respondent held 100% liable; quantum reserved.
Road accident – head-on collision – overtaking on curve; res ipsa loquitur; admissibility of hearsay under Law of Evidence Amendment Act s3(1)(c); contributory negligence and apportionment; damages postponed sine die.
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22 March 2024 |
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Business rescue moratorium suspends action against the Post Office; RAF claim held validly lodged by registered post on 26 April 2011, so prescription dismissed.
* Companies Act s133(1) – business rescue moratorium – prohibition on commencing/proceeding with legal proceedings without business rescue practitioner’s written consent or court leave.
* Road Accident Fund Act ss23, 24 – prescription of RAF claims – three-year period for identified-driver claims and lodgement by registered post.
* Interpretation Act s7 – service by post deemed effected at time letter would be delivered in the ordinary course; dispatch date determines lodgement.
* Evidentiary value of registered-post receipt/registered slip as proof of posting for prescription purposes.
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22 March 2024 |
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A last-minute but bona fide postponement granted; applicant ordered to pay wasted costs, including two counsel and reservation fees.
Civil procedure – Postponement of trial – requirements: good and strong reasons, full and satisfactory explanation, bona fides, prejudice and interests of justice; certificate of trial readiness; costs award for wasted costs including two counsel and reservation fees.
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12 March 2024 |
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Urgent preservation order granted to protect project retention funds pending resolution; respondents liable for costs and wasted costs.
* Civil procedure – urgent interim interdict – preservation of funds payable by third party pending dispute resolution.
* Interim relief – applicant must show clear right, absence of alternative remedy, and risk of irreparable harm.
* Balance of convenience – protection against dissipation where creditor holds no security.
* Costs – party responsible for postponement liable for wasted costs; costs follow the event.
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8 March 2024 |
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Unexplained, inordinate delay in transfer justified relief and costs against the respondent.
Sale of immovable property — delay in registration — specific performance/compel transfer — allocution of costs where respondent fails to file opposing affidavit and offers no explanation for prolonged delay — responsibility to expedite registration despite deeds office/local authority issues.
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8 March 2024 |
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Leave to appeal granted only on rescission ground; delay and interlocutory-order complaints lacked reasonable prospects of success.
Leave to appeal – reasonable prospect of success required (s17(1) Superior Courts Act); Right of access – delay in judgment not shown to cause demonstrable prejudice (s34 Constitution); Rescission – reasonable explanation for default may provide prospect of success; Interlocutory orders – operation and execution not suspended absent court order (s18(2) Superior Courts Act); Inherent jurisdiction – High Court regulates its own process (s173 Constitution); Procedural – party bound by concession at hearing and must properly amend notice to introduce new grounds.
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5 March 2024 |
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Court confirmed curator bonis; deceased practised as sole practitioner; successful applicant awarded costs.
Legal practice regulation – curator bonis to deceased attorney’s practice – characterisation of practice (sole practitioner v incorporated personal liability company) – effect of fidelity fund certificate – costs: discretion and general rule that costs follow the event – public-interest role of regulatory body.
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1 March 2024 |
| February 2024 |
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Court grants urgent sanction to perfect a general notarial bond and to take possession after payment defaults.
General notarial bond – enforcement and perfection require court sanction; franchisor's right to perfect security and operate franchise business on default; appropriation of payments under franchise agreement (clause 9.3); urgency and self-created urgency; costs – attorney and client scale.
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26 February 2024 |
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Leave to appeal refused: Master properly exercised s16 discretion and cost order against the applicant was justified.
Trusts law – s16 Trust Property Control Act – Master’s power to call for investigation and appoint investigator; costs order against founder for failure of oversight; illegality plea must appear ex facie transaction or be pleaded; s217 Constitution and PFMA not shown to apply to Master’s s16 appointment.
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23 February 2024 |
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Spoliation not established: factual disputes, delay and contract cancellation did not show unlawful deprivation.
• Civil procedure – condonation for non‑compliance with appeal record rules – delay short, bona fide explanation and reasonable prospects warrant reinstatement. • Civil procedure – rule 6(15) strike‑out – replying affidavit may be partially struck out if prolix, argumentative or introducing new prejudicial matter. • Property law – mandament van spolie – requirements are peaceful possession and unlawful deprivation; cancellation letters or threats do not constitute spoliation. • Evidence – Plascon‑Evans principle applies where disputes of fact arise on motion papers; final relief inappropriate where material disputes and new, inconsistent averments exist. • Costs – costs of abandoned declaratory relief to follow proper exercise of discretion; unsuccessful condonation opposition ordered to pay costs.
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23 February 2024 |
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Founder retains personal right to appoint substitute trustees despite sequestration; appointments and Letters of Authority set aside.
Trusts – trust deed interpretation – founder’s reserved personal right to appoint substitute trustees (clause 5.3.1) – insolvent founder’s locus standi to enforce personal rights – review and setting aside of Master’s Letters of Authority.
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16 February 2024 |
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A ratepayers association lacked standing and could not lawfully usurp municipal functions; interim interdict confirmed.
Municipal law — locus standi of voluntary association — internal constitutional quorum requirements; Interdict — final interdict requirements (Setlogelo); Private self-help — negotiorum gestio and necessity not justifying usurpation of municipal functions; Separation of powers — municipal executive authority and statutory remedy via s 139 intervention; Procurement — section 217 implications; Costs — Biowatch principle ordering parties to bear own costs.
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16 February 2024 |
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The applicant established causation and was awarded loss of earnings, substantial general damages and a section 17(4)(a) medical undertaking.
Road Accident Fund – causation and loss of earning capacity – mild traumatic brain injury and lumbar spine injury – expert evidence admitted by Rule 37 agreement – contingencies for past and future earnings – section 17(4)(a) undertaking – costs including senior counsel.
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16 February 2024 |
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Accused convicted of murder with dolus directus and of housebreaking after credible eyewitness evidence, but premeditation not proved.
Criminal law – Murder – form of intent – distinction between premeditation, dolus directus and dolus eventualis; housebreaking – unlawful entry – eyewitness evidence; evaluation of single-witness testimony; application of Criminal Law Amendment Act minimum-sentence provisions.
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15 February 2024 |
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An applicant may validly withdraw proceedings before they are set down; respondent’s stay application was struck from the roll.
Uniform Rule 41(1) – withdrawal of proceedings – entitlement to withdraw any time before matter is set down; Interlocutory applications – effect of withdrawal on lis; Security for costs – stay application unenforceable after valid withdrawal; Costs – Rule 41(1)(c) preserves respondent’s right to apply for costs; Vexatious litigant – respondent may commence fresh proceedings if appropriate.
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9 February 2024 |
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Trustees may obtain security for costs where a main application is prima facie vexatious; Gazette notice of creditors’ meeting is sufficient.
Insolvency — security for costs — trustee application to compel insolvent to furnish security — test for vexatious or abusive proceedings; Urgency — applicant’s duty under Rule 6(12) to justify urgency; Insolvency Act — obligation of insolvent to attend first and second creditors’ meetings; Notice — publication in Government Gazette sufficient for first meeting; National Credit Act — harmonious interplay with Insolvency Act not a basis for relief here; Court’s discretion to entertain non-urgent matters in interests of expediency.
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9 February 2024 |
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Regional court lacked jurisdiction to impose life under s51(1); murder resentenced to 16 years, robbery 15 years concurrent.
Criminal law – Sentencing – Minimum sentences – s51(1) versus s51(2) of Criminal Law Amendment Act 105 of 1997 – Regional court lacks jurisdiction to impose s51(1) life sentence where accused charged and convicted under s51(2) (S v Ndlovu).; Sentencing – consideration of substantial and compelling circumstances – overkill and prior convictions; credit for time spent on remand and appellate resentencing.
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9 February 2024 |
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An absentee livestock owner who fails to take inexpensive precautions is liable for cattle-caused road damage.
Livestock owner’s duty of care – absent/part‑time farmer bordering public road – duty to maintain and inspect fences and gates – reasonable precautions (cattle grid/padlock) – adverse inference where owner fails to call available witnesses or produce evidence – alternative remedy: actio de pauperie (strict liability).
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9 February 2024 |
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Admitted deceased plaintiff’s hearsay evidence; found returned stones not original but valuation unreliable; awarded modest general damages.
Civil procedure – admission of hearsay evidence (Rule 38(2) and s3(1)(c) Law of Evidence Amendment Act) – factors: nature of proceedings, nature and probative value of evidence, corroboration, prejudice and interests of justice; Evidence – expert opinion – admissibility and weight requires factual foundation, methodology and consistency; Property – identity and valuation of seized gemstones – failure to prove high-value claim where expert valuation is unreliable; Damages – assessment of non-patrimonial loss and requirement of demonstrable psychiatric injury.
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2 February 2024 |
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Plaintiff awarded R5,635,300 plus interest and s17(4)(a) undertaking for future medical costs; costs including two counsel ordered.
Road Accident Fund – quantum of damages – loss of earnings and diminished earning capacity – acceptance of uncontested expert evidence – actuarial calculation with early retirement and contingency deductions – general damages award – s17(4)(a) undertaking for future medical/hospital costs – costs including two counsel and expert fees.
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2 February 2024 |
| January 2024 |
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October elections rendered disputes about prior council meetings moot; court dismissed all applications and made no costs order.
Local government — Council procedure — Validity of motions of no confidence and appointments — Standing Rules and Orders compliance (notice periods, notice of motion, urgency, adjournment, disruption and quorum) — Mootness — Section 172(1)(a) constitutional declarations — Judicial economy and public interest in municipal stability.
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26 January 2024 |
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Relief against a default maintenance order must be sought under s18 of the Maintenance Act, not by special review.
* Maintenance Act 99 of 1998 – s18 – setting aside or varying default maintenance orders – prescribed procedure, notice and timing; exclusivity of statutory remedy.
* Administrative/judicial competence – Magistrates’ Courts as Maintenance Courts – jurisdiction and locus standi distinguished.
* Civil procedure – special review – limits where statutory remedy prescribes maintenance-court process and where record/evidence absent.
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26 January 2024 |
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Court confirmed urgent interdict against student leaders for unlawful disruption; unidentified participants could not be bound.
Urgent interdict — confirmation of rule nisi; alternative remedies and adequacy of suspension; duty of disclosure on urgent/ex parte applications; identifiable parties vs unidentified participants; admissibility of hearsay under s 3(1)(c) of the Law of Evidence Amendment Act; final interdict for unlawful disruption of university functions; costs against opposing respondents.
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26 January 2024 |
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Appeal against prescribed life sentence for co-perpetrated rape dismissed; no substantial and compelling reasons to deviate.
Criminal law – sentencing – minimum sentences (Criminal Law Amendment Act s51(1) and Schedule 2 Part I) – co-perpetrated rape with common intent – substantial and compelling circumstances required to depart from prescribed life sentence; condonation for late notice of appeal.
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26 January 2024 |
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Reported
Summary judgment granted: defendant’s pleaded defences were bald, not bona fide, and contradicted by documents and non-variation clauses.
Procedure — Rule 32 (post‑2019 amendment): scope of supporting affidavit and requirement to explain why pleaded defences do not raise triable issues; admissibility of documentary evidence in supporting affidavits. Summary judgment — defendant must disclose a bona fide defence; bald, vague or sketchy defences may be sham. National Credit Act — reckless credit allegation requires factual particularity; s129 notice complaints must be pleaded with specifics. Contract — non‑variation clause: oral variation purportedly granting long payment holiday generally unenforceable absent estoppel or injustice.
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19 January 2024 |
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Municipal ownership and a registered deed of cession sufficed for locus standi to obtain immediate eviction.
* Property law – eviction of unlawful occupiers – owner’s locus standi to sue for eviction.
* Administrative/procedural law – challenges to authority of municipal official — necessity of explicit affidavit challenge and use of Rule 7(1) / Rule 35(12).
* Municipal Finance Management Act regulations – regulation 45(2)(a)(x) and alleged prohibition on cession of long-term rights; effect of registered notarial deed of cession.
* Civil procedure – late raising of grounds in heads of argument; consequences.
* Costs – discretion as to punitive costs; party-and-party costs ordered.
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19 January 2024 |
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Court awards R1.5 million for future loss of earnings after rejecting flawed actuarial assumptions and adjusting contingencies.
• Procedural Law – Rule 38(2) – Evidence by affidavit in lieu of viva voce evidence where parties agree and court finds fairness and efficiency justify departure from oral evidence.
• Personal injury – Quantum – assessment of future loss of earnings where plaintiff accepted voluntary severance despite medical recommendation for sedentary accommodation.
• Actuarial evidence – trial judge's discretion to depart from actuarial calculations where assumptions (life expectancy, job grade, contingencies) are unreliable.
• Road Accident Fund – obligation to provide s 17(4)(a) written undertaking for future medical/rehabilitative costs.
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12 January 2024 |