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Citation
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Judgment date
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| December 2023 |
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Accused charged with a Schedule 6 offence failed to prove exceptional circumstances for bail; appeal dismissed.
* Criminal Procedure – Bail – Schedule 6 offences – Section 60(11)(a) requires accused to prove exceptional circumstances to obtain bail. * Bail grounds – Section 60(4)(a)-(e) – state must show likelihood of endangering public, evasion, witness interference, undermining justice or public order. * Onus – accused bears burden on balance of probabilities to establish exceptionality; ordinary personal circumstances must be shown to an exceptional degree. * Procedural irregularity – designation of applicable schedule during judgment not material where offence is clearly Schedule 6.
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8 December 2023 |
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Leave to appeal refused: spoliation order and MPRDA-based access claims lacked reasonable prospects; costs including two counsel awarded.
• Civil procedure – leave to appeal – Superior Courts Act s17(1) – reasonable prospects of success required for leave.
• Spoliation – prohibition on self-help dispossession; requirement to restore status quo ante.
• Mining law – MPRDA – sections 5(3), 43(1) and 54 – exhaustion of section 54 process and limitations on mining pending resolution.
• Evidence – meeting minutes and correspondence insufficient to establish consent or acquiescence to access.
• Costs – award of two counsel justified by urgency and complexity.
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1 December 2023 |
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Applicant's leave to appeal recusal and winding‑up orders dismissed for lack of reasonable prospects.
Leave to appeal — s17(1)(a) Superior Courts Act 10 of 2013 — requirement of reasonable prospect of success or compelling reason — application for recusal and challenge to winding‑up order — authority: MEC for Health, Eastern Cape v Mkhitha.
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1 December 2023 |
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Court rescinds prior declaration and accepts the 19 June 2018 Will, condoning a minor formal defect and rejecting the competing Will.
Wills Act s 2(1)(a)(v) – formalities and initialling of pages; testamentary capacity; competing Wills – credibility, reliability and probabilities; rescission of earlier court order; Master’s acceptance of Will under Administration of Estates Act.
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1 December 2023 |
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Severe assault on an elderly victim constituted murder by dolus eventualis; appeal against conviction and sentence dismissed.
* Criminal law – Homicide – Distinction between dolus indirectus and dolus eventualis – Correct application of foresight and reconciliation test for dolus eventualis.
* Evidence – Assault on elderly person causing head injuries – foreseeability of death as consequence.
* Causation – Death from pneumonia months later did not negate foreseeability or culpability for death ensuing.
* Sentencing – Departure from prescribed life sentence where substantial and compelling circumstances present.
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1 December 2023 |
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Applicants lacked locus standi and failed to establish interdict requisites; urgent stay of liquidation/sequestration refused.
Company law – liquidation and sequestration – locus standi of creditor by cession; Insolvency – proof of claims at meetings of creditors; Interim interdict – requirements (prima facie right, irreparable harm, balance of convenience); Abuse of process – repetitive urgent litigation; Procedural relief – counter-application struck for lack of urgency.
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1 December 2023 |
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Applicant vindicated of a fraudulently transferred 50% membership interest; reinstated and registered, costs against deceased estate.
* Close corporations – rei vindicatio of membership interest; fraud and forgery invalidate transfers.
* Close Corporations Act – ss 33, 37: acquisition by contribution and disposition require agreement/consent; non-compliance defeats transfer.
* Civil procedure – Plascon‑Evans rule: bald, intrinsically improbable denials may be rejected on paper; no oral hearing required.
* Section 36 cessation of membership – applicant lacked locus and did not make out statutory grounds.
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1 December 2023 |
| November 2023 |
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Arrest for producing discrepant public-transport licence was lawful; plaintiff failed to establish unlawful detention or entitlement to damages.
* Criminal procedure – arrest without warrant – s 40(1) CPA – peace officer’s reasonable suspicion based on possession/production of discrepant operating licence documents permitting arrest for fraud. * Administrative/regulatory law – National Land Transport Act – operating licences and Annexure tokens; offences for use/uttering of invalid or altered permits. * Discretion – arresting officer’s exercise of discretion reviewed on rationality standard. * Detention – requirement to bring arrestee before court within 48 hours (s 50(1)(c)) and evidentiary burden to prove unlawful detention and entitlement to damages.
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30 November 2023 |
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Reported
Appellate remittal for further evidence must be heard by the same magistrate unless the order says otherwise; recusal refused.
Criminal procedure – remittal for further evidence – appellate order remitting matter interpreted as requiring same trial magistrate; reopening trial for further evidence is exceptional and requires explanation for non-production, prima facie truth, and material relevance; recusal application refused; accused’s repeated postponements and unreadiness insufficient to avoid remittal.
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28 November 2023 |
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Court upheld consecutive sentence, finding no misdirection and no shockingly harsh cumulative effect.
Sentencing discretion – concurrent versus consecutive sentences – s 280 CPA – cumulative effect of sentences – appellate interference only for misdirection or improper exercise of discretion; murder (dolus eventualis), attempted murder and arson.
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24 November 2023 |
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Reconvened council meeting held without notice after adjournment was unlawful; impugned removals and appointments suspended pending review.
Local government — Special council meeting — Speaker’s power to convene and adjourn meetings (s 29(1) MSA; Clause 8.3 Standing Rules) — Requirement of proper notice and opportunity to be heard for motions removing Mayor/Speaker (s 40, s 58 MSA) — Reconvened meeting without notice unlawful; decisions taken thereafter set aside/interdicted pending review — Appointment of Mayor must comply with s 48(1).
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20 November 2023 |
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Interim interdict granted: respondent’s cancellation invalidly premised and suspended; attorney’s conduct and notice particularity decisive.
Contract – interim interdict – requirements for interim relief; Contract – termination clause (lex commissoria) – strict compliance, materiality and particularity of notice to remedy; Agency – statements of attorney and ostensible authority bind principal; Performance – substitute performance/compensation as adequate remedy for inability to allow self-collection; Remedies – damages inadequate where loss of branding and rival installation causes irreparable harm.
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17 November 2023 |
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Leave to appeal refused: arrest, detention and procedures lawful; patient not shown to be a minor; costs order upheld.
Criminal procedure — arrest without warrant (s 40(1)(b)) — reasonable suspicion; detention and remand for mental observation (ss 77–79); determination of majority and application of children's best-interests principle (s 28); legal representation; admissibility and probative value of excluded probation report; costs discretion and Biowatch principle; leave to appeal — reasonable prospects test under Superior Courts Act s 17.
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14 November 2023 |
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Court granted condonation for late s3 notices, finding applicants' delay excusable and no unreasonable prejudice to respondent.
* Administrative law / civil procedure – Institution of Legal Proceedings against Certain Organs of State Act – section 3(2) and 3(4) – condonation for late service of notice – requirements: non-prescription, good cause, absence of unreasonable prejudice.
* Civil procedure – affidavits – supplementary affidavits filed without prior leave – Rule 6(5)(e)/Rule 30 – affidavits filed without leave may be treated as pro non scripto.
* Prejudice – bare or vague assertions of prejudice insufficient; consolidation of actions can negate claimed prejudice.
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10 November 2023 |
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Summary judgment refused where respondents disclosed bona fide defences of simulation and misrepresentation; leave to defend granted.
Civil procedure — Rule 32 summary judgment — October conditional leave-to-defend order not final or appealable; re-enrolment permissible; late answering affidavit condoned where no prejudice; bona fide defence requirement — allegations of simulation and misrepresentation may defeat summary judgment.
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10 November 2023 |
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A bona fide, reasonable dispute over an oral reservation/option to purchase land defeats a provisional liquidation application.
Companies Act – provisional liquidation – bona fide dispute on reasonable grounds (Badenhorst rule) – oral agreement to reserve an erf (option) not necessarily an alienation of land requiring written deed under Alienation of Land Act – dispute over indebtedness defeats winding-up application.
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3 November 2023 |
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3 November 2023 |
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Interim relief dismissed: rescission of council appointment prevailed and no extant contractual right existed to justify an interdict.
Administrative law; urgency (Rule 6(12)) – requirement to show inability to obtain substantial redress; interim interdict – need for prima facie right and irreparable harm; municipal appointments – effect of council rescission remaining in force until set aside; costs – discretionary award for respondent conduct.
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3 November 2023 |
| October 2023 |
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No substantial and compelling circumstances found; life imprisonment imposed for the femicide of a 34‑week pregnant woman.
Criminal law – Sentencing – Murder – Mandatory minimum sentence under s 51(1) Criminal Law Amendment Act – Whether substantial and compelling circumstances exist to deviate from life imprisonment; aggravating factors: femicide, position of trust, viability of foetus; aged unrelated prior convictions excluded.
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31 October 2023 |
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Accused convicted of murder of the deceased; killing an unborn foetus is not a separate murder under current law.
Criminal law – murder – sufficient medical and eyewitness evidence establishing identity and dolus directus for murder of a pregnant woman; Domestic Violence Act contravention acquitted for poor identification; Legal development – killing of unborn foetus not a separate crime of murder under current law (principle of legality).
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30 October 2023 |
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A court may direct parties to consider mediation but cannot compel reporting to the court; mediation is discretionary and refused here.
Rule 41A – mediation – Court may direct parties to consider mediation (Rule 41A(3)(b)); reports on mediation to Registrar (Rule 41A(7)(a), 41A(8)(c)); discretionary exercise only if clearly evident mediation will benefit parties; refusal to mediate by one party ordinarily precludes referral; costs awarded where mediation plea dismissed and NCA plea abandoned.
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27 October 2023 |
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Directive under s95(3)(h) National Water Act set aside for irrationality and denial of procedural fairness; postponement refused.
Administrative law – review under PAJA – directive issued under s 95(3)(h) National Water Act – irrationality and failure to afford audi alteram partem – procedural unfairness and incorrect information vitiating administrative action – postponement application dismissed for lack of good cause – punitive costs ordered against state.
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27 October 2023 |
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Improper s 112(1)(b) interrogation by court and prosecutor violated fair trial rights; proceedings set aside and retrial ordered.
Criminal procedure – s 112(1)(b) questioning – limits of court and prosecutor interrogation; Cross-examination at plea stage impermissible; Duty to record not guilty under s 113 where doubt exists; Fair trial rights (s 35 Constitution); Remedy – setting aside proceedings and remittal for trial de novo before a different magistrate under s 312.
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27 October 2023 |
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Hearsay exclusion left no evidence of violence; robbery conviction altered to theft and sentence reduced to eight years.
• Criminal law – hearsay evidence – written statements and alleged pointing-out – correctly excluded; late ruling did not render trial unfair. • Robbery – necessity to prove theft by violence or threats – absence of admissible evidence of violence renders robbery conviction unsafe. • Theft – competent verdict upheld – doctrine of recent possession applied where stolen vehicles were recovered shortly after and accused found driving one vehicle. • Sentence – minimum sentence set aside and substituted having regard to personal circumstances and seriousness of offence.
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27 October 2023 |
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The appellants' challenge to life sentences for gang-rape fails; no substantial and compelling circumstances to deviate.
Criminal law – Minimum sentences – Rape (gang-rape) – Substantial and compelling circumstances – Sentencing discretion and appellate interference – Victim impact evidence – Time served – Prior convictions – Change of plea.
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27 October 2023 |
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Whether lack of serious injury and offender’s circumstances justify departing from mandatory life sentence for child rape.
Criminal law – Sentencing under minimum‑sentence regime (s51(1) Act 105/1997) – Rape of a child – Whether absence of serious physical injury constitutes substantial and compelling circumstances – Prior convictions and commission while on parole as indicators of poor rehabilitation prospects – Appeal against sentence dismissed.
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27 October 2023 |
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Mandatory life sentence for rape of a child upheld; no substantial and compelling circumstances to justify a lesser sentence.
Criminal law — Sexual offences — Rape of child under 16 — Mandatory minimum life sentence (s 51(1), Part 1, Schedule 2) — Substantial and compelling circumstances required to deviate — Position of trust and multiple rapes as aggravating factors — Sentencing irregularity/failure of justice test.
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27 October 2023 |
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Urgent interdict to stop filling-station construction dismissed for lack of urgency; applicants penalised with attorney-and-client costs.
Administrative law; interim interdict under urgency – Rule 6(12); urgency and self-created urgency; municipal land-use approvals and licensing; locus standi and non-joinder (not decided); punitive costs attorney-and-client including two counsel.
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13 October 2023 |
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Application for interim reinstatement of medical aid benefits dismissed where applicant breached restraint of trade after early retirement.
Contract – Restraint of trade – Breach of restraint of trade agreement upon retirement – Interim relief – Prima facie right – Urgent interdict – Medical aid benefits – Amendment of pleadings – Procedural compliance under Uniform Rules of Court – Costs.
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13 October 2023 |
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Interim suspension of termination dismissed where applicant failed to make out case and sought final relief beyond interim jurisdiction.
Urgent applications – interim interdict – jurisdiction to grant interim relief – relief seeking suspension of termination letter framed so as to require final determination – lack of particularity in notice of motion – applicant failed to make out case in founding affidavit – dismissal of interim relief; costs follow result.
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13 October 2023 |
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Court found child-sentencing order procedurally defective and substituted a compliant placement and programme order.
Child Justice Act s76 — requirements for orders committing a child to a child and youth care centre; s76(4)(b) — notification, interim placement, probation monitoring; s77 — imprisonment as last resort and consideration of time served; Children’s Act s191(2)(j)(i) — referral to therapeutic residential programmes; automatic review of child custodial sentences.
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5 October 2023 |
| September 2023 |
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Filing for leave to appeal does not automatically suspend an interlocutory spoliation order; applicant must seek suspension under s18(2).
• Civil procedure – Spoliation – interlocutory nature of mandament and effect of leave-to-appeal on execution; application of Superior Courts Act s18.• Writs of ejectment – issuance by Chief Registrar based on extant judgment and valid execution evidenced by sheriff’s return.• Suspension of execution – duty to apply under s18(2); filing for leave to appeal does not automatically suspend interlocutory orders.• Urgency and procedure – non-compliance with Uniform Rules, Practice Directives and Regulation 4 can doom urgent relief.• Costs – punitive attorney-and-client costs including two counsel justified where applicant had alternative remedies and conduct amounted to abuse.
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29 September 2023 |
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Contempt and declaratory claims dismissed where IEC lawfully filled a municipal vacancy and applicant lacked authority to act.
Electoral law – filling PR council vacancy (Schedule 1 Item 18) – Commission acts after municipal manager declares vacancy; Electoral Act/Regulation 9 – only registered leader may notify changes to party particulars; Contempt – requirement of wilful and mala fide disobedience; Locus standi – authority to act for political party; Declaratory relief premature where related review proceedings pending.
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29 September 2023 |
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Reported
Incomplete trial record and long prosecutorial delay rendered the appeal unfair, so convictions and sentences were set aside.
Criminal procedure – Adequacy of trial record for appeal; reconstruction of missing transcripts; right to a fair trial and fair appeal; inordinate delay vitiating appeal; admissibility and role of extra‑curial pointings‑out/confessions; hearsay and common‑purpose limitations; sentencing discretion and substantial and compelling circumstances.
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29 September 2023 |
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Plaintiffs failed to prove police-instigated malicious prosecution, reasonable/probable cause was present and statutory notice was non‑compliant.
Malicious prosecution – instigation versus providing information to prosecutor – NPA prosecutorial discretion; reasonable and probable cause assessed from police docket (complainant’s sworn statement and accused’s statements); malice (animus iniuriandi) requires more than negligence; Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 – notice requirement to National Commissioner; absence of causal link between police conduct and prosecution.
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22 September 2023 |
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Late raising of prescription may be permitted but requires supplemental affidavits; respondent ordered to pay wasted costs.
Prescription — ordinarily must be raised on affidavit — raising prescription for first time in heads of argument irregular (Njongi) — court discretion under Prescription Act s17(2) and Uniform Rule 6(5) to allow late raising and to direct further affidavits (Mbodla) — whether claim for transfer is a “debt” for Prescription Act purposes — allocation of wasted costs where prescription raised late.
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22 September 2023 |
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16 September 2023 |
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Reported
Court set aside parole decisions and remitted special‑remission application for reconsideration after finding legal and procedural flaws.
Correctional services — Presidential COVID‑19 Proclamation — commencement and computation: publication date (08 May 2020) governs 60‑month period; COVID special parole eligibility; Interpretation Act principles. Administrative law — s 80 special remission for "highly meritorious service": discretion may not be fettered by internal guidelines; evaluation on merits required. Procedural fairness — failure to afford opportunity to make written representations and to provide reasons reviewable under PAJA; review and remittal appropriate remedy. Remedy — remittal versus substitution; courts may remit where appropriate but may not substitute absent exceptional circumstances.
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15 September 2023 |
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Appellants’ youth and personal circumstances did not justify deviating from the prescribed 15-year minimum sentence.
* Criminal law – Minimum sentences – Robbery with aggravating circumstances – Whether substantial and compelling circumstances exist to justify deviation from prescribed 15-year minimum. * Sentencing – aggravating factors: minor victim, use of a weapon, prevalence of offence, known assailants. * Sentencing appeals – appellate restraint absent misdirection or disturbingly inappropriate sentence. * Youth – limited mitigation; Matyityi principles applicable.
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15 September 2023 |
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Urgent interdict granted enforcing statutory prospecting-entry right under the MPRDA despite arbitration and environmental conditions.
MPRDA – prospecting right – statutory right of entry (s 5(3)(c)) – urgency for time‑limited prospecting – arbitration clause does not bar urgent interdict – environmental authorisation/IWUL affects commencement but not right of entry – state-owned entity approbation and reprobation; costs ordinary (two counsel).
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15 September 2023 |
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Applicant failed to show reasonable prospects that using COIDA capitalisation factors in RAF damages was unlawful.
Superior Courts Act s17(1) — leave to appeal — raised threshold for reasonable prospects; RAF damages — use of COIDA capitalisation factors for loss of earnings; evidential burden on applicant to rebut opposing actuary; Maphiri (SCA) does not prohibit reliance on Compensation Commissioner factors.
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5 September 2023 |
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Plaintiff proved past and future loss of earnings from a disabling ankle injury; court awarded R1,825,552 after revised actuarial assumptions.
* Road Accident Fund Act — assessment of past and future loss of earnings/earning capacity arising from orthopaedic injury and post‑traumatic osteoarthritis.
* Evidence — role of medical, occupational therapy, industrial psychology and actuarial reports in quantifying future loss.
* Quantum — contingencies adjusted for permanent appointment, employer accommodation, s 17(4)(a) undertaking and probabilities of early retirement.
* Proof — plaintiff must prove loss on balance of probabilities; where contract non‑renewal is unproven, claimant may be afforded benefit of doubt for past loss.
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1 September 2023 |
| August 2023 |
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Appeal dismissed: creditors’ ratification and lack of challenge rendered declaratory order moot; costs awarded against the appellants.
Superior Courts Act s 18 — execution pending appeal — declaratory orders; Mootness — effect of creditors’ resolutions at second meeting; Insolvency law — notice requirements (Gazette/newspaper/registered post) and attendance obligations of insolvent; Creditors’ control — creditors’ resolutions binding and extend liquidators’ powers; Exceptional circumstances — dissipation of assets and irreparable harm; Costs — party-and-party costs, two counsel, and wasted costs on attorney-and-client scale.
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25 August 2023 |
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High Court may hear PIE eviction; non-occupying lessee is not an "unlawful occupier," eviction granted against occupying household with temporary municipal accommodation.
* Constitutional and procedural law – concurrent jurisdiction of High Court despite contractual consent to Magistrates' Court under s45.
* PIE – definition of "unlawful occupier" requires occupation; non-occupying lessee cannot be evicted under PIE.
* PIE s4(7)–(8) – just and equitable inquiry balancing landowner's rights, children's needs, households headed by women, and availability of municipal alternative accommodation.
* Costs – punitive attorney-and-client costs appropriate for misleading litigation conduct.
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25 August 2023 |
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Reported
Failure to follow s105A(9) procedures when departing from a plea-and-sentence agreement necessitates setting aside conviction and sentence.
Criminal Procedure Act s105A – plea and sentence agreements – procedure when court considers agreed sentence unjust – requirement to inform parties and afford withdrawal – package-deal principle; review – failure to follow s105A(9) renders proceedings not in accordance with justice; sentencing – suspension of sentence and taking separate offences together.
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24 August 2023 |
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Reported
Whether the Master lawfully appointed an investigator and ordered the provincial department to pay investigation costs.
Trust Property Control Act s16(2)-(3) — Master’s discretion to appoint investigator and make cost orders; s23 review — court may reassess merits; administrative law — application of rule of law and illegality; procurement by organs of state — s217 Constitution and PFMA obligations raised but not pleaded; issue of unlawful delegation/bias and reviewability.
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18 August 2023 |
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A guilty plea is invalid if the accused unknowingly pleads to a charge that applies to another person.
Criminal procedure – guilty plea under s112(1)(a) – invalid where plea relates to wrong charge/another person; Review – conviction and sentence set aside for procedural irregularity; Immigration Act s49(1)(b) cited.
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11 August 2023 |
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Whether a practical completion certificate triggers municipal contractual responsibility for maintenance of bulk services under the sale agreement.
Contract interpretation – clause 10.2 – certificate of practical completion triggers municipal responsibility; Parol/integration rule and admissibility of extrinsic evidence; Sectional titles – joinder and ‘direct and substantial interest’ test; Urgency and costs where municipal moratorium affects developer’s business.
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8 August 2023 |
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Court fixed deceased’s earning level at R2,688/month, applied 5% past and 15% future contingencies, and set maintenance end-dates for minors.
Dependants’ action — quantum only — assessment of deceased’s earnings in absence of reliable pay evidence — use of appropriate national minimum wage as benchmark; contingency deductions — 5% past, 15% future; duration of maintenance — ceased for eldest end-2021, other minors to ages 21 and 19; new actuarial calculation ordered; costs on High Court scale.
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8 August 2023 |
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Life imprisonment imposed for brutal domestic murder; no substantial and compelling circumstances to deviate from s 51(1) minimum.
• Criminal law – Murder – conviction on s 112(2) plea – elements satisfied; intent found to be dolus directus. • Sentencing – Minimum sentence (s 51(1) CLAA) – no substantial and compelling circumstances to deviate. • Mitigation – Intoxication and HIV status require evidential proof of impairment or incapacity; guilty plea is neutral where case is overwhelming. • Victim impact and prior violent convictions relevant to severity and weight against mitigation.
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3 August 2023 |