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Citation
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Judgment date
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| May 2025 |
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The court upheld the juvenile's conviction and care-centre sentence for a serious sexual offense, focusing on rehabilitation.
Criminal Law – sexual offenses – child offender – guilty plea – appropriateness of rehabilitation-based sentencing in child care centre.
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6 May 2025 |
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Section 300 compensation orders are civil judgments and cannot impose imprisonment in default or fixed payment deadlines.
Criminal procedure – Section 300 CPA – compensation orders are compensatory and have effect of civil judgments; cannot prescribe payment deadlines or imprisonment in default; alternative imprisonment impermissible.
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6 May 2025 |
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Section 304A referral before sentence is exceptional; absent unfairness or irreparable prejudice, proceedings should be concluded by trial court.
Criminal procedure – section 304A Criminal Procedure Act – referral for review after conviction but before sentence – section to be invoked only in deserving cases; test for pre-finalisation intervention: unfairness and irreparable prejudice; caution against piecemeal adjudication and premature review.
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6 May 2025 |
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Court holds section 304A review inappropriate, remands for sentencing, emphasizing sparing use to avoid piecemeal adjudication.
Criminal Procedure - special review under section 304A - pre-sentence referral for review due to magistrate's post-verdict doubts - scope and limitations of section 304A.
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5 May 2025 |
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Section 18's exceptional circumstances and Calderbank costs in light of unaccepted secret settlement offers.
Civil Procedure - Application of section 18(3) Superior Courts Act - determining 'exceptional circumstances' and irreparable harm. Costs - Calderbank principle - costs reconsideration based on unaccepted settlement offers.
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2 May 2025 |
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Court granted interim enforcement under s18(3), applied Calderbank principle, and varied costs orders in favour of the plaintiff.
Civil procedure; Superior Courts Act s18(1) and (3) — requirements for implementation of judgment pending appeal: exceptional circumstances and irreparable harm; Calderbank (secret) offers and costs reconsideration; admissibility of further expert/actuarial evidence on appeal; costs consequences and scales (attorney-and-own-client vs scale C).
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2 May 2025 |
| April 2025 |
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25 April 2025 |
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Leave to appeal refused where plaintiff failed to prove on balance of probabilities that a wet floor caused her fall.
Delict — slip-and-fall — onus of proof and preponderance of probabilities; credibility findings and overall probabilities; failure to call witnesses and adverse inferences; distinction between absolution at close of plaintiff’s case and proof on the balance of probabilities; leave to appeal under s17 Superior Courts Act — reasonable prospects of success.
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25 April 2025 |
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25 April 2025 |
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Suspension of water supply without proof under the Insolvency Act and without representations amounted to unlawful spoliation.
Spoliation (mandament van spolie) – protection of water-use rights; Insolvency Act v Water Act – s89(5) liabilities and s44 proof of claim; s60 water charges as a charge on land; ss59(3)-(4) Water Act – requirement to allow representations; trustees’ locus standi; abuse of power and costs on attorney-and-client scale.
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25 April 2025 |
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Suspension of water supply was unlawful spoliation; Insolvency Act requires Water Users Association to prove pre-sequestration charges.
Water law; mandament van spolie – suspension of water supply; interplay between National Water Act ss 53–60 and Insolvency Act ss 44 and 89(5); whether water charges are liabilities incident to ownership; trustees’ locus standi; onus to justify suspension where liability disputed.
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25 April 2025 |
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Reported
Dismissal of appeal against extradition for breaching a custody order, fulfilling dual criminality requirements.
Extradition – International Parental Kidnapping – dual criminality – evidence sufficiency for prosecution in foreign state.
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17 April 2025 |
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Court determines substantial imprisonment for minor in premeditated murder, departing from life sentence due to age.
Criminal Law – Sentencing – Youthful offenders – Premeditated murder – Deviation from life sentence justifiable by age and rehabilitative potential.
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10 April 2025 |
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Reported
Court upholds summary judgment with key aspects on affidavit requisites under Rule 32 and validity of bank balance certificates.
Civil Procedure – Summary Judgment – Requirements for affidavit compliance under amended Rule 32 – Bank certificates of balance as prima facie evidence – Validity of non-variation clauses.
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4 April 2025 |
| March 2025 |
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Leave to appeal to the SCA granted due to reasonable prospects and novel spoliation issues concerning a business as a going concern.
Spoliation (mandament van spolie) – restoration of possession irrespective of underlying rights; qualification where applicant claims substantive right to possession; whether revocation of corporate resolution can justify dispossession; spoliation of a business as a going concern – paucity of jurisprudence; leave to appeal – reasonable prospects of success and compelling reasons to refer to SCA.
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28 March 2025 |
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Disconnection of shared water supply was a contractual dispute, not unlawful spoliation; urgent relief dismissed with costs.
Spoliation — mandament van spolie — possession of utilities — supply of water as incident of possession — contractual/personal rights insufficient for spoliatory relief; urgency; interdictory relief requirements.
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28 March 2025 |
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Reported
Municipality not in contempt but held to improve sewage management to meet environmental standards.
Environmental Law – Water pollution and sewage treatment compliance – Requirements for structured interdict and contempt findings against municipalities.
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24 March 2025 |
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A court may not rescind another court’s interim interdict mero motu without notice or affording affected parties a fair hearing.
Civil procedure – Rule 42(1)(a) – limits on mero motu rescission of orders – notice and audi alteram partem required. Procedural fairness – s 34 Constitution – court must not decide issues or make adverse findings against persons without giving reasonable opportunity to be heard. Contempt of court – enforcement of interim interdicts – availability of contempt proceedings versus statutory remedies under the Administration of Estates Act. Judicial function – bounds of adjudication; courts must confine decision to matters on the record and before them.
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19 March 2025 |
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Whether a judgment and emoluments attachment order obtained in an incorrect magistrate's district are void ab origine and who must make restitution and pay costs.
• Magistrates' Courts Act s 45 – consent to jurisdiction; judgment must be entered in court agreed by parties. • Emoluments attachment orders – must be issued from court of debtor’s residence, business or employment; orders obtained in wrong forum void ab origine. • Rescission (s 36(1)(b)) – void judgments may be rescinded and parties restored to status quo ante. • Restitution – rescindable benefits restituted to debtor; attorneys only liable if they received rescindable benefit. • Costs – attorney-and-client costs warranted where attorney acted improperly in forum-shopping or caused prejudice.
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14 March 2025 |
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Exception upheld: particulars vague and embarrassing; plaintiff granted leave to amend and ordered to pay costs.
Pleadings — vagueness and embarrassment — Rule 23(1) and Rule 18(4)/(10) — multiplicity of causes of action pleaded without requisite particularity — damages estimates must enable reasonable assessment of quantum — Rule 30 procedural challenge withdrawn — condonation for late filing inadequately explained.
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14 March 2025 |
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The applicant’s leave to appeal was refused; procedural and evidentiary complaints did not undermine the murder conviction.
Criminal law — application for leave to appeal — admissibility of child witnesses via intermediary and role of sworn interpreter; refusal to call witness under s186 CPA; assessment of contradictions and corroboration; expert evidence on weapon characteristics; test for leave to appeal (reasonable prospects and compelling reasons).
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14 March 2025 |
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Urgent interim relief based on a Rule 45(5) undertaking was refused; execution suspension pending rescission was not justified.
Urgency — self-created urgency and notice by sheriff; Rule 45(5) undertakings — scope and limits; rescission of default judgment — procedural route (R31/ R42/ common law), timeousness and prospects; stay/suspension of execution — irreparable harm and interests of justice; costs — party-and-party scale B.
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14 March 2025 |
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Sentencing considered statutory guidelines, individual roles, and personal circumstances for robbery and murder convictions.
Criminal Law - Sentencing - Minimum sentences - Substantial and compelling circumstances justifying departure from statutory minimum sentences.
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11 March 2025 |
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Traumatic brain injury caused permanent loss of earning capacity; R3,646,157 awarded plus section 17 undertaking.
Road Accident Fund – quantum – traumatic brain injury: assessment of general damages and loss of earning capacity based on neuropsychological, educational and actuarial evidence; admissibility of expert opinion supported by collateral school and workplace records; application of contingencies to earning projections; section 17(4)(a) undertaking for future medical costs.
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8 March 2025 |
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The collision was caused by the sole negligence of the insured driver; thus, RAF is 100% liable.
Road Accident Fund – Negligence – Sole negligence of insured driver – Section 19(f) affidavit submission.
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7 March 2025 |
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Absolution refused; defendants must justify arrests and answer malicious prosecution allegations.
Unlawful arrest and detention – onus on state to establish s40(1)(b) jurisdictional facts; Absolution from the instance – inappropriate where defendant must prove facts; Malicious prosecution – elements (institution, absence of reasonable and probable cause, animus injuriandi, failure) including subjective and objective components; Prosecutorial knowledge and malice often within prosecutor's exclusive knowledge — plaintiff who makes out a case to answer must be heard.
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7 March 2025 |
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Reported
Appeal court found no proof of premeditation; life sentence set aside and replaced with 15 years, concurrent and antedated.
Criminal law – Murder – "planned or premeditated" as aggravating factor under s 51(1) CLAA – distinction between dolus (intent) and premeditation; fetching/pouring/lighting petrol may show direct intent but not necessarily premeditation. Evidence – admissibility and weight of accelerant-detection dog evidence and handler testimony – cautions on self-corroboration and reliability. Evidence – hearsay (dying or spontaneous utterance) considered but insufficient to establish premeditation. Sentence – application of s 51(2)/Part II minimum sentence (15 years) where premeditation not established; absence of substantial and compelling circumstances to deviate.
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7 March 2025 |
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Applicant failed to prove exceptional circumstances for bail; alleged new facts were unpersuasive, hearsay, or irrelevant.
Bail — Schedule 6 offences — s60(11)(a) exceptional circumstances onus; renewed bail applications on "new facts" — whether facts are truly new and relevant; s60(4)/(5)/(7) considerations (danger to persons, witness intimidation, evasion); weight of hearsay/unverified evidence; appellate interference with magistrate’s discretion.
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5 March 2025 |
| February 2025 |
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Defendants who raise new defences in affidavits without amending pleas fail to disclose bona fide defences to summary judgment.
Civil procedure – summary judgment – bare denials and new defences raised in opposing affidavits – failure to apply to amend pleadings – bona fide defence requirement; Banking law – overdraft facilities – repayable on demand, events of default, group financial statements and suretyship enforcement; Interest – contractual penalty interest contention not pleaded and prejudicially raised late.
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28 February 2025 |
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28 February 2025 |
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Whether a court may award general damages where the Fund, not the court, must decide if the injury is ‘serious’.
Road Accident Fund Act/regulation 3 – serious-injury assessment – decision vested in Fund, not court. Administrative law – Fund’s determination constitutes administrative action under PAJA; remedies are internal appeal/review. Civil procedure – default/delay by Fund does not permit trial court to determine seriousness and award general damages. Leave to appeal – s17(1) Superior Courts Act; reasonable prospects of success where trial court may have exceeded jurisdiction.
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14 February 2025 |
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Applicant awarded R150,000 general damages; claims for loss of earnings and medical expenses dismissed for lack of proof.
Personal injury – quantum – general damages assessed where medical evidence limited; outdated expert report and lack of documentary evidence preclude awards for future medical expenses and loss of earnings; partial success leads to each party bearing own costs.
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7 February 2025 |
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The court granted bail upon establishing exceptional circumstances under Schedule 6 of the Criminal Procedure Act.
Criminal Procedure - Bail applications - Exceptional circumstances under Schedule 6 - Burden of proof on the appellant.
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7 February 2025 |
| January 2025 |
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Accused convicted of several charges, including premeditated murder, disproving self-defense claims across incidents.
Criminal Law - Murder - Premeditated intent - Assault with intent to do grievous bodily harm - Evaluation of self-defense claims.
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28 January 2025 |
| 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 |