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High Court of South Africa Northern Cape, Kimberley

310 judgments
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310 judgments
Citation
Judgment date
May 2022
Dawson v Sidney on Vaal CPA and Another (603/2019) [2022] ZANCHC 22 (27 May 2022)
Maladministration alone did not justify placing the communal property association under administration; leave to appeal refused.
Communal Property Associations Act s13 — administration — maladministration is a factor, not an independent ground; applicant bears onus to show just and equitable grounds/special circumstances (Dempa test); leave to appeal refused.
 27 May 2022
Mshudulu v Regional Court Magistrate Kimberley, Northern Cape and Another (1518/2021) [2022] ZANCHC 19 (20 May 2022)
Reported
High Court will not review magistrate’s refusal of a trial‑within‑a‑trial absent exceptional circumstances and irreparable harm.
Criminal procedure — Review of unterminated magistrates’ court proceedings — High Court intervention requires exceptional circumstances and irreparable harm; Admission of contested telephone recordings — authenticity and admissibility properly tested by trial mechanisms (cross‑examination and calling witnesses).
 20 May 2022
S v P W (CA 7/2022) [2022] ZANCHC 21 (20 May 2022)
Hearsay admitted without admissibility ruling vitiated trial procedure, but circumstantial and medical evidence sustained rape conviction; life sentence reduced to ten years.
Criminal law – sexual offences – conviction sustained on cumulative circumstantial and medical evidence despite hearsay admissibility failure; hearsay must be admitted in terms of s3 Law of Evidence Amendment Act; failure to prove complainant's age precludes application of s51(1) minimum sentence; appellate interference with sentence where misdirection vitiates life sentence.
 20 May 2022
S v Tuku (CA&R 16/2020) [2022] ZANCHC 25 (20 May 2022)
Single-witness and DNA evidence established gang rape of an intoxicated complainant; life sentence confirmed as no substantial and compelling circumstances.
* Criminal law – Sexual offences – Rape – Single eyewitness evidence and cautionary rule – minor contradictions not necessarily fatal when objectively corroborated. * Criminal law – Sexual offences – Consent – Altered state of consciousness (intoxication) under s 1(3)(d)(iii) – incapable of appreciating the nature of the act. * Evidence – Forensic DNA linking accused to sexual activity corroborates eyewitness and police evidence. * Criminal procedure – Hearsay – deceased complainant’s affidavit excluded under Law of Evidence Amendment Act. * Sentencing – Minimum sentencing (s 51(1) CLAA) – no substantial and compelling circumstances to deviate; life sentence confirmed in gang rape with violence.
 20 May 2022
Van Dyk NO and Others v Minister of Public Works and Another (1967/2020) [2022] ZANCHC 18 (20 May 2022)
Court allowed plaintiffs’ amendments: renumbering formal; authority disputes against trustees must be raised under Rule 7(1).
Amendment of pleadings – Uniform Rule 28(4) – formal versus substantive amendments – re‑numbering of paragraphs is procedural and permissible; excipiability must be raised by proper exception procedure – Trust litigation – joinder/authority of trustees – authority to act challenged under Uniform Rule 7(1) – discretion to allow amendments where no irremediable prejudice and proper ventilation of dispute served – costs order allocating unopposed application costs to applicant and opposed application costs to resisting defendant.
 20 May 2022
Morake v Karstens and Another (1173/2020) [2022] ZANCHC 20 (5 May 2022)
Contempt found where respondent wilfully and mala fide failed to comply with a court order; suspended imprisonment imposed.
* Contempt of court — requisites: existence of order, service/notice, non‑compliance, wilfulness and mala fide; once order and non‑compliance proved, evidential burden shifts to respondent. * Reliance on third‑party delays or administrative oversights does not absolve obligation to take positive steps to comply. * Sanction — custodial sentence may be imposed but suspended on condition of compliance; costs on attorney & client scale appropriate where contempt is wilful.
 5 May 2022
January 2022
M W v C W (2462/2019) [2022] ZANCHC 79 (19 January 2022) (Reasons)
Court declares earlier marriage void ab initio for non‑compliance with statutory formalities; 2013 marriage subsists; respondent’s late request for reasons not condoned.
Family law – marriage validity – failure to complete marriage register and required Director‑General inquiry under Marriage Act renders a marriage null and void ab initio; Procedural law – Uniform Rules of Court rule 49(1)(c) peremptory; condonation under rule 27(3) required for late request for reasons; declaratory relief for nullity to ensure legal certainty.
 19 January 2022
September 2020
Boshoff v Tristar Custom Feeders (Pty) Ltd and Others (2033/2022) [2020] ZANCHC 1 (30 September 2020)
Whether delivery passed ownership absent intention to transfer; court held seller retained ownership pending full payment.
Property law; rei vindicatio; transfer of ownership of movables — delivery alone insufficient; transfer requires intention of transferor and transferee; reservation of ownership pending payment; feedlot possession and lien; evidential onus and balance of probabilities.
 30 September 2020
September 2016
S v Steward (CA&R 83/15) [2016] ZANCHC 1 (9 September 2016)
Reported
Conviction set aside due to unreliable identification and multiple investigative, prosecutorial and trial-management failures.
* Criminal law – identity evidence – reliability of identification where observation was brief, in darkness, and later after display to accused at arrest. * Criminal procedure – alibi – duty of police to investigate alibi and duty of prosecution to make material evidence available. * Evidence preservation – failure to secure vehicle, cellphone and soil samples; failure to forensically test exhibits. * Identification procedure – improper/display identification risks contaminating witness testimony. * Trial management – excessive postponements and undue delay; obligation on presiding officers to curb delays.
 9 September 2016
November 1981
S v De Bruin (KS. 105/81) [1981] ZANCHC 1 (6 November 1981)
Accused convicted of intentional murder; self‑defence rejected; sentenced to death and two years for theft.

Criminal law – murder – intent (dolus directus and dolus eventualis) established by nature and location of wound; self‑defence rejected; voluntariness of extra‑curial statement and production of exhibits; theft proven, not robbery with aggravation; intoxication insufficient as mitigation.

 6 November 1981