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Citation
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Judgment date
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| November 2025 |
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A sole director without registered shareholding or mandate unlawfully transferred company funds; rule nisi confirmed.
Companies law; corporate authority and bank mandates – whether a sole director had authority to transact; alleged share sale and registration – effect of absent company/CIPC records; fiduciary duties and s75(3) Companies Act – related‑party transactions require shareholder approval; interim restitutionary relief (rule nisi) confirmed; costs limited to party-and-party.
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7 November 2025 |
| October 2025 |
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Leave to appeal denied: no reasonable prospects or compelling reasons; contractor’s payment‑complaint and termination arguments fail.
* Civil procedure – leave to appeal – section 17(1)(a) Superior Courts Act – test: reasonable prospects of success or compelling reasons. * Construction law – JBCC contract – employer’s alleged late/non‑payment; reciprocity and enforcement of penalty clauses; termination and repudiation. * Judicial duty of consideration – application of Vodacom v Makate; holistic assessment of reasons.
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31 October 2025 |
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Article VII(5) of CITES is part of South African law; MEC’s refusal to apply it was unlawful and set aside.
• Environmental/CITES – International treaty incorporation – Whether Article VII(5) CITES incorporated into domestic law via NEMBA and practice.• Administrative law – PAJA/principle of legality – Decision to refuse CITES-related export permits reviewable where relevant exemptions ignored.• CITES technicalities – Source codes (especially ‘C’) and their domestic significance; import permit requirement displaced by Article VII(5) certificate.
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31 October 2025 |
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Leave to appeal refused where applicant sought final interdict without instituting action and had no reasonable prospects of success.
Interdicts – interim versus final interdict – rule nisi – requirement to establish clear right for final interdict; Leave to appeal – s 17(1)(a)(i) Superior Courts Act – reasonable prospects of success or compelling reasons; Urgent relief – necessity of instituting action proceedings to determine rights when seeking final relief.
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31 October 2025 |
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Court dismissed application to stay business rescue and interdict sale, finding lack of standing and no prima facie case.
* Companies Act (Business Rescue) – s 133 moratorium on legal proceedings – leave required where proceedings relate to company property; shareholders' rights during business rescue (s 146).
* Locus standi – tenant/creditor and minority shareholder standing during business rescue; derivative actions (s 165) and oppressive conduct relief (s 163).
* Intervention – requirements for joinder by a party with direct and substantial interest.
* Interim relief – requirements for urgency, prima facie case, irreparable harm and balance of convenience in stay/interdict applications during business rescue.
* Security and cession disputes – effect of alleged invalid cession on creditor rights and business rescue process.
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31 October 2025 |
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Unlawful unilateral cancellation of bail and appearance of bias rendered the trial unfair; conviction and sentence set aside.
* Criminal procedure – s 299A – rights of complainant to participate in parole proceedings – properly invoked by sentencing court when direct imprisonment is imposed.
* Criminal procedure – s 68 – cancellation of bail – prosecution application and evidence under oath required; unilateral cancellation irregular and unlawful.
* Fair trial – reasonable apprehension of bias – conduct of presiding officer and denial of audi alteram partem vitiated trial.
* Remedy – conviction and sentence set aside for failure of justice; referral to DPP for re‑arraignment; retrial before different magistrate.
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31 October 2025 |
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Appellate court upheld life sentence for rape of an eight‑year‑old, finding no substantial and compelling circumstances to deviate.
* Criminal law – Minimum sentence (s 51(1) CLAA) – Rape of a child under 18 – Whether substantial and compelling circumstances justify departure from life sentence.
* Sentencing – Discretion of trial court – appellate interference only for misdirection, irregularity, grave error or shockingly inappropriate sentence.
* Factors – aggravating: victim’s young age, position of trust, HIV status, prior sexual convictions, lack of remorse, psychological harm to child.
* Mitigation – guilty plea, health, age, pre‑trial custody, rehabilitation participation – insufficient to outweigh aggravation.
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31 October 2025 |
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Leave to appeal refused where applicants failed to show reasonable prospects or contempt beyond reasonable doubt.
Application for leave to appeal — Superior Courts Act s 17(1)(a)(i) — test: reasonable prospects of success or compelling reasons; contempt of court — requirement to prove wilfulness and mala fides beyond reasonable doubt; Plascon-Evans principle — effect of annexures not before court; Superior Courts Act s 18(1) — suspension of execution pending appeal.
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17 October 2025 |
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Business rescue in another division does not suspend liquidation if the company’s registered office and business are in this division.
Companies Act – s131(6) moratorium – effect of business rescue application on pending liquidation; Jurisdiction – registered office/principal place of business determines forum for business rescue and liquidation; Abuse of process – launching business rescue in another division to delay liquidation; Winding‑up – creditor’s strong entitlement and narrow judicial discretion to refuse.
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3 October 2025 |
| September 2025 |
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Business rescue denied for lack of reasonable prospects and bona fides; final liquidation granted and costs awarded.
* Companies Act — business rescue (s131(4)) — requirement of financial distress and reasonable prospects of rescue; need for coherent factual and financial foundation for rescue plan.
* Business rescue — bona fides — late and speculative applications subject to close scrutiny; prolonged provisional liquidation undermines rescue prospects.
* Evidence — ss 417/418 enquiry material — inadmissible without proper application and opportunity to respond; struck out.
* Insolvency/liquidation — Badenhorst rule — bona fide dispute of debt must be timely and genuine; failure to seek rescission of default judgment undermines bona fides.
* Costs — costs follow result; intervening employees to pay wasted costs for late intervention.
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26 September 2025 |
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Medical-negligence particulars must plead specific material facts and causal links with sufficient particularity under Rule 18(4).
Pleadings – Rule 18(4) U. Rules of Court – Every pleading must state material facts clearly and with sufficient particularity; Irregular step – Rule 30(1)/18(12) – non-compliance with pleading rules; Medical negligence – greater particularity required in pleadings; Distinction facta probanda v facta probantia – primary facts to be pleaded vs evidential particulars; Amendment – court may order amendment rather than setting aside; Costs – costs in the cause.
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26 September 2025 |
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Appeal dismissed: child and eyewitness evidence, corroborated by medical and DNA proof, sustain conviction; no basis to depart from life sentence.
* Criminal law – appeal under s 309 – assessment of credibility of a single child complainant and eyewitness – cautionary approach applied.
* Evidentiary corroboration – J88 medical findings and DNA match to complainant’s underwear supporting identity and sexual penetration.
* Alibi – late disclosure and lack of corroboration render alibi unreliable.
* Sentencing – prescribed life sentence for rape of person under 18; no substantial and compelling circumstances to justify deviation.
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19 September 2025 |
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Appellate court reduced a disproportionate five‑year sentence for Mandrax possession to a partly suspended two‑year term.
* Criminal law – Sentencing – Possession of methaqualone (Mandrax) – Proper exercise of sentencing discretion; individualised approach required.
* Sentencing – Trial court’s speculative reasoning and over‑emphasis on denunciation can amount to material misdirection.
* Appeal – Appellate interference permissible where sentence is disturbingly inappropriate; substitution of a partly suspended term justified.
* Consideration of alternatives to direct imprisonment and comparable authorities in sentencing of drug possession offences.
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19 September 2025 |
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Court condoned late Rule 23 notice, held exception timely, allowed amendment and dismissed Rule 30 challenge.
Civil procedure – Rule 23 exceptions (vague and embarrassing; lack of averments) – interplay of time limits and cure periods; condonation for late Rule 23 notice; Rule 30 irregular step challenge; amendment of exception; costs.
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19 September 2025 |
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The accused’s dealing conviction was confirmed but a sentencing misdirection reduced imprisonment from twenty to five years.
* Criminal law – Drugs and Drug Trafficking Act s5(b) – conviction for dealing in mandrax confirmed.
* Sentencing – statutory interpretation – section 17(e) misread by trial court (maximum, not minimum).
* Criminal Law Amendment Act s51(2) – inapplicable where drug value below statutory thresholds and no syndicate evidence.
* Review powers – Criminal Procedure Act s304(4) – court may intervene to correct failure of justice and substitute appropriate sentence.
* Sentence substituted to five years direct imprisonment without option of a fine.
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12 September 2025 |
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Landlord lawfully cancelled lease for persistent rental default; 30 days' eviction notice ordered and costs on attorney-and-client scale.
Commercial lease — Default for non-payment of rent — Clause permitting cancellation without notice for rental default — Requirement for written consent for change of use/alterations — Reasonableness of notice to vacate — Eviction and costs on attorney-and-client scale.
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12 September 2025 |
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The court held the Road Accident Fund liable for past medical expenses paid by medical aid and granted future loss of income damages.
Road Accident Fund – liability for past medical expenses – medical aid payments do not discharge statutory liability – calculation of future loss of earning capacity – contingency deductions – severe personal injury – damages quantification in delict.
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11 September 2025 |
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A bank's application for final liquidation and sequestration orders granted where debtors failed to prove solvency or special circumstances.
Insolvency—Liquidation and sequestration—Close corporation and trusts—Factual and commercial insolvency—Assets and liabilities of relevant entities must be considered separately—Sufficiency of settlement proposals and over-security claims—Court’s discretion in final orders—Advantage to creditors.
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9 September 2025 |
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Court found substantial and compelling circumstances to depart from mandatory life sentence and imposed 20 years.
* Criminal law – Murder – Minimum sentence under s51(1) CLAA – application of Malgas test for substantial and compelling circumstances. * Sentencing – Zinn triad (personal circumstances, nature of crime, interests of society) and mercy (S v Rabie). * Mitigation – provocation, intoxication and spontaneity as factors potentially justifying departure from life imprisonment. * Gender-based violence – severity and impact on children and community. * Criminal Procedure Act s299A – relatives’ rights to make representations regarding parole.
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8 September 2025 |
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A plaintiff may not seek judgment at the close of the defendant's case without first closing her own case or leading evidence.
Civil procedure – application for judgment at close of defendant’s case – onus on defendant – plaintiff must close her case or lead evidence before court can grant judgment – unlawful arrest and detention – separation of merits and quantum – procedural rules for judgment applications.
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5 September 2025 |
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A prosecutor must have reasonable, specific suspicion before obtaining a warrant; failure renders arrest wrongful and defendants liable.
* Delict — actio iniuriarum for unlawful arrest and detention — requirements: interference with liberty; intentional act; wrongfulness (onus on defendant to justify); causation of harm.
* Criminal procedure — s 43(1) arrest warrant — prosecutor must have reasonable, specific and articulable suspicion based on information placed before magistrate.
* Prosecutorial duty — obligation to examine docket and verify material facts before authorising arrest warrant; reliance on RICA alone insufficient to ground reasonable suspicion.
* Liability — where State and investigating officer concede liability and prosecutor fails to discharge onus, defendants can be jointly and severally liable for damages.
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5 September 2025 |
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Leave to appeal refused as the dispute became moot after termination of the lease, with costs on scale C.
Civil procedure – leave to appeal (s 17(1)(a)(i) Superior Courts Act) – mootness and non-justiciability (s 16(2)(a)(i)) – interests of justice; spoliatory and interdictory relief tied to terminated lease; costs on scale C of Rule 69(7).
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5 September 2025 |
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The court upheld refusal of bail due to the appellants' illegal status, risk of evasion, and seriousness of offences.
Criminal Procedure – Bail application – Section 60(4)(b) and 60(9) of Criminal Procedure Act – Serious drug offences – Illegal immigrants – Risk of evasion of trial – Interests of justice – Discretion of court in refusal of bail on appeal.
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2 September 2025 |
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The accused was convicted of murder based on circumstantial evidence and rejected version, despite serious police investigative shortcomings.
Criminal law – Murder – Domestic violence context – Circumstantial evidence – Failure of accused to testify – Assessment of improbabilities in defence – Police mishandling of forensic evidence – Section 115 statement – Drawing of inferences from circumstantial evidence – Duty of police in handling evidence.
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2 September 2025 |
| August 2025 |
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Applications for leave to appeal convictions and sentences in a serious criminal matter dismissed for lack of reasonable prospects of success.
Criminal law – Application for leave to appeal – Test for reasonable prospects of success – Single witness and circumstantial evidence – Admissibility of admissions and cell phone evidence – Minimum sentencing legislation – Accomplice liability and post-offense conduct – Failure to challenge evidence at trial – No reasonable prospect of success on appeal.
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29 August 2025 |
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Application for leave to appeal against convictions and sentences dismissed for lack of reasonable prospects of success.
Criminal law – Application for leave to appeal – Reasonable prospects of success – Failure to call a key witness – Self-defence – Minimum sentences – Principles for granting leave to appeal under section 17 of the Superior Courts Act.
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22 August 2025 |
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Suspension conditions for imprisonment must not include offences unrelated or more serious than the conviction, ensuring fairness and constitutional compliance.
Criminal procedure – suspended sentences – conditions of suspension – inclusion of offences not charged – relationship between offence of conviction and offences in suspension condition – reasonableness and fairness – Constitutional rights – review of sentence conditions.
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22 August 2025 |
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Convicting an accused twice for the same assault constitutes double jeopardy and must be set aside on review.
Criminal procedure – Double jeopardy – Accused convicted and sentenced twice for assault common arising from the same incident – Globular sentencing – Review – Section 304(4) of Criminal Procedure Act – Conviction and sentence set aside where proceedings not in accordance with justice.
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22 August 2025 |
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Application for leave to appeal against grant of summary judgment dismissed for lack of reasonable prospects of success or compelling reason.
Civil Procedure – Summary Judgment – Requirements for leave to appeal – Reasonable prospects of success – Bona fide defense in summary judgment proceedings – Application of Superior Courts Act section 17(1) – Attorney and client costs.
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15 August 2025 |
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A special plea of prescription fails where the claim was lodged on time and new grounds are not pleaded.
Road Accident Fund Act – Prescription – Lodgement of claim – Date of lodgement – Special plea of prescription – Compliance with Board Notice – Raising new grounds in argument not permitted – Pleadings bind parties and court.
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15 August 2025 |
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RAF, not the court, decides whether injuries meet the statutory ‘serious injury’ threshold; s24 dispute postponed pending appeal.
Road Accident Fund – serious injury threshold under s 17(1) and Regulations – RAF is decision‑maker to accept/reject RAF4 serious injury reports – court lacks jurisdiction to determine seriousness where RAF has not accepted or rejected – inference of acceptance requires active procedural steps by claimant; s 24 lodgement requirements – Board Notice under challenge and appeal pending (LPIIF v RAF).
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15 August 2025 |
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An inordinate, unexplained delay in seeking leave to appeal against a life sentence for rape led to refusal of condonation.
Criminal law – Condonation – Inordinate delay in applying for leave to appeal – Insufficient explanation for delay – Minimum sentencing for rape of an infant – No reasonable prospects of success on appeal – No substantial and compelling circumstances to depart from minimum sentence – Application for condonation refused.
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15 August 2025 |
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Application for leave to appeal declaration of delinquency under s 162(5)(a) of the Companies Act refused for lack of merit.
Company law – Application for leave to appeal – Delinquent directors – Section 162(5)(a) Companies Act 71 of 2008 – Reasonable prospects of success – Pleadings and evidence in motion proceedings – Principles restated.
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15 August 2025 |
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Court dismissed rescission of a court order incorporating a settlement; settlement agreement on damages is final and binding absent contractual variation provision.
Settlement agreements – Compromise – Res judicata – Finality of settlement made an order of court – Rescission of order – Condonation for late application – Absence of mechanism in agreement to re-evaluate on death of claimant – No grounds for rescission under Rule 42, common law, or Constitution – Attorney and client costs awarded.
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15 August 2025 |
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Leave to appeal dismissed as no reasonable prospect that claim was not lodged within the prescription period by registered post.
Civil procedure – Application for leave to appeal – Prescription – Lodgement of claim with Road Accident Fund – Registered post – Interpretation of lodgement date – Threshold for leave to appeal – Superior Courts Act s 17(1).
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15 August 2025 |
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A claim against the Road Accident Fund was dismissed where the applicant was found solely negligent for a road collision.
Delict – Road accident – Negligence – Safe following distance – Failure to call material witnesses – Burden of proof – Adverse inference – Liability for motor vehicle collision.
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15 August 2025 |
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The court refused to uplift the bar or grant condonation for late plea due to inadequate explanation and lack of prospects of success.
Civil procedure – application to uplift bar – condonation for late plea – good cause – explanation for delay – prospects of success – interests of justice – requirements for condonation – failure to satisfy criteria – costs.
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8 August 2025 |
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Court held the Trust was not responsible for paying for diesel and tyres under the contract; plaintiff’s further claims failed.
Contract – Interpretation – Commercial contracts – Allocation of responsibility for operational expenses (diesel and tyres) – Supply vs payment – Admissibility of extrinsic evidence – Distinction between express and tacit terms in contract – Failure to prove disputed invoices – Costs.
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8 August 2025 |
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Applicant substantially successful in urgent application, but not entitled to punitive costs in absence of grounds made out in papers.
Civil procedure – costs – application for punitive (attorney and client) costs – requirements for departure from party and party scale – absence of special circumstances justifying punitive order – costs awarded on party and party scale.
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1 August 2025 |
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Court orders 2021 electronic will accepted despite formal flaws due to deceased's clear intent.
Wills and estates - Validity of electronic signature on wills - Application of Wills Act section 2(3) despite non-compliance with formalities due to testator's evident intent.
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1 August 2025 |
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Leave to appeal dismissed where applicant failed to demonstrate reasonable prospects of success regarding inclusion of trust assets in accrual.
Civil Procedure – Leave to appeal – Criteria for granting leave to appeal – Trust law – Trust assets and accrual calculations on divorce – Section 12 of the Trust Property Control Act 57 of 1988 – Whether trust assets may be included in accrual for matrimonial purposes where no abuse of trust form is proven – Rejection of repeated arguments and lack of reasonable prospects of success.
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1 August 2025 |
| July 2025 |
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The court dismissed a contempt application, emphasizing suspended operation of orders pending appeal.
Contempt of court – order compliance – urgency in interlocutory applications – suspension pending appeal under Superior Courts Act.
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25 July 2025 |
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Voluntary intoxication led to altered charges focusing on rehabilitation under supervised imprisonment.
Criminal law - Intoxication and criminal capacity - Sentencing multiple charges concurrently with focus on rehabilitation.
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25 July 2025 |
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The State's reliance on unreliable circumstantial evidence led to the acquittal of the accused of all charges.
Criminal Law – Murder – Circumstantial evidence – Reliability of a single witness – Rigor mortis - Proving guilt beyond a reasonable doubt.
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21 July 2025 |
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Court reaffirms interdict against contract termination and addresses contempt of court in a breach of agreement case.
Contract law - enforcement of interim orders - contempt of court - interdictory relief - urgency in contract disputes.
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18 July 2025 |
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Court rules against double compensation, affirming plaintiff's right to additional damages for residual earning loss from second accident.
Delict – Road Accident Fund – Damages for past and future loss of earnings – Double compensation – Residual earning capacity
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11 July 2025 |
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Court dismissed an urgent application due to insufficient urgency and lacking locus standi.
Urgent application – Interlocutory relief – Urgency insufficient for departing from procedure – Locus standi of director in dispute.
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1 July 2025 |
| June 2025 |
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Regional Magistrates Court jurisdiction upheld for claims despite cause of action partly occurring outside its area.
Magistrates Court Act – Jurisdiction – Special plea – Cause of action location – Employment within jurisdiction.
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27 June 2025 |
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The court dismissed MEC's challenge to acting Municipal Manager's appointment, citing lack of urgency and pending ministerial waiver.
Local Government - appointment of acting Municipal Manager - legality of appointment post-retirement age - MEC's locus standi to challenge under Local Government Act - urgency requirement in declaratory relief.
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27 June 2025 |
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Court refused condonation and leave to appeal due to inadequate explanation for delay and lack of prospects of success.
Condonation – Late filing of application for leave to appeal – Raised new grounds impermissibly – No prospects of success.
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20 June 2025 |