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Citation
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Judgment date
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| November 2025 |
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Court varied interim Rule 43 order, finding material change and ordering phased, supervised expansion of parental contact.
Children’s Act – best interests of the child; Rule 43(6) – competence and material change; phased contact orders; Family Advocate supervision; parenting coordinator; interim variation of access and monitoring.
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7 November 2025 |
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Court varied ex parte interdict: restrained major works, ordered temporary weatherproofing, and suspended structural alteration pending Part B.
* Civil procedure – ex parte interlocutory relief – duty of full and frank disclosure – material non-disclosure may vitiate order. * Uniform Rules 6(8) & 6(12)(c) – anticipation and reconsideration/variation of orders granted in absence of a party. * Interim interdict – prima facie right, irreparable harm, balance of convenience, absence of alternative remedy. * Preservation of property pending substantive dispute – suspension of irreversible works and ordering of temporary protective measures. * Costs – costs in the cause where parties achieve partial success in intra-familial/church disputes.
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7 November 2025 |
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Applicant failed to prove guarantor and surety liability due to unrefuted misrepresentation defence and discovery non‑compliance.
Civil procedure — Discovery — Rule 35(12) and court order to produce documents — failure to comply and obstructive late production; Contract and suretyship — Guarantee under COVID‑19 loan scheme — defence of misrepresentation as to State guarantee; Suretyship — Alleged release from suretyship and evidentiary burden to produce documents; Admissibility/weight of affidavits — replying affidavit deposed to by different deponent lacking personal knowledge.
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7 November 2025 |
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Leave to appeal refused: applicants failed to show reasonable prospects or compelling reasons under s17 Superior Courts Act.
* Superior Courts Act s 17 – leave to appeal – higher threshold: reasonable prospects of success or compelling reasons required. * Appealability of interlocutory/interim interdicts – Zweni criteria (final effect, definitive of rights, disposes substantial relief). * Preservation of status quo by interdict pendente lite; reluctance to interfere in medias res. * Costs follow the result.
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4 November 2025 |
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Whether procedural non‑compliance and late filing warranted striking the appeal or should be cured by condonation and postponement.
Practice and procedure – Appeal – whether appeal should be struck from roll for non‑compliance with Uniform Rules and Practice Directives – reconstructed trial record – late filing of heads of argument and condonation – court’s discretion to postpone and direct compliance.
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4 November 2025 |
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Police arrests and detention were lawful where reasonable suspicion existed and prosecution withdrawal did not automatically invalidate detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) CPA – Reasonable suspicion and objective test; Detention and first court appearance – s 50(1)(a), s 50(6), s 60 CPA – withdrawal of charges does not automatically render detention unlawful; Evidence – assessment of credibility and onus on state to prove lawfulness of arrest.
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3 November 2025 |
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Leave to appeal refusal of further particulars dismissed for lack of reasonable prospects and no interests of justice.
Civil procedure — interlocutory rulings — refusal of further particulars under rule 35 — appealability assessed against Zweni attributes and section 17(1)(a) Superior Courts Act — reasonable prospects of success and interests of justice required for leave to appeal.
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3 November 2025 |
| October 2025 |
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A municipality and its municipal manager were held in contempt for failing to produce PAIA-requested tender documents and ordered to comply or face sanctions.
Contempt of court; Promotion of Access to Information Act (PAIA) — failure to produce tender documents; civil contempt requirements (order, service, non‑compliance, wilfulness/mala fides); organ of state duty to obey court orders; remedial and coercive measures — affidavits, internal-auditor report, committal/asset sanctions; referral to Auditor‑General and COGTA.
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30 October 2025 |
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Applicant awarded R2,382,297 for unlawful arrest, torture-like assaults and sixteen months’ detention; expert affidavits largely admitted.
Delict — Unlawful arrest, assault and detention; admissibility of expert reports under Rule 38(2) (affidavit evidence with limited viva voce requirement); causation — magistrate’s remand does not necessarily break chain of causation for continued detention; quantum — assessment of general damages for prolonged detention and torture-like assaults; actuarial computation of loss of earnings accepted.
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30 October 2025 |
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Plaintiff failed to prove a lawful contract or necessary material facts; claim for unpaid municipal invoices dismissed.
Contract law – existence of contract; pleadings – material facts and Rule 18(6); burden of proof – animus contrahendi and authority to bind municipality; municipal law – MFMA/irregular expenditure raised as a defence to payment obligations.
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30 October 2025 |
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Applicant granted urgent interim interdict restraining respondent from mining pending resolution of related business rescue challenge.
Interim interdict – urgency and condonation – requirements of prima facie right, irreparable harm, balance of convenience – business rescue practitioner’s locus to appoint and enforce mining contractor pending challenge – effect of unfulfilled suspensive conditions in competing contractor agreement.
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28 October 2025 |
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27 October 2025 |
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Appellant proved exceptional circumstances under Schedule 6; appellate court granted bail with strict conditions.
Criminal procedure — Bail — Schedule 6 offences — exceptional circumstances under s 60(11)(a) — onus on accused to prove exceptional circumstances on balance of probabilities; Consideration of s 60(4) factors (danger to public, flight risk, witness interference, undermining justice, public order); Relevance and weight of accused’s conduct while previously on bail; Investigating officer’s uncorroborated opinion lacks probative value; Necessity to consider suitable conditions as alternative to incarceration; Appellate interference under s 65(4) where lower court materially misdirects or overlooks important aspects.
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27 October 2025 |
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Voluntary surrender dismissed for lack of full disclosure, insufficient proof of advantage to creditors and failure to explore NCA remedies.
Insolvency — Voluntary surrender — s 6 Insolvency Act — requirements: insolvency, sufficient realizable property to defray sequestration costs, advantage to creditors, s 4 formalities — ex parte applications require uberrima fides (full and frank disclosure); National Credit Act remedies (s 129, debt review, s 85 referrals, s 86 reckless credit investigations, s 87 relief) may be alternative remedies to sequestration; appellate interference with discretionary exercise limited where discretion exercised judicially.
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23 October 2025 |
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Warrantless search and seizure found unlawful; spoliatory relief granted and seized items ordered restored.
Criminal Procedure Act s22 — lawfulness of warrantless search and seizure; consent to search; mandament van spolie (spoliatory relief) — requirements and urgency; non-joinder — SARS not a necessary party; credibility of affidavit evidence and material contradictions.
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22 October 2025 |
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Appeal upheld: speculative risks and public outrage insufficient to deny bail; strict conditions ordered.
Bail appeal – Schedule 5 offences – s60(11)(b) burden – misdirection by magistrate – speculative intelligence and public outrage insufficient to justify detention – presumption of innocence – availability of restrictive bail conditions to address State concerns.
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21 October 2025 |
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Appointment based on misrepresented competency assessments invalid; council must re-advertise and run a lawful recruitment.
Local government — Appointment of municipal manager — Competency assessments and 2014 Regulations — Authenticity of assessment reports — Illegality and irrationality where Council acts on misrepresented reports — Remedy: remittal and re-advertisement; substitution declined — Joinder of interested shortlisted candidate proper — Costs against municipality.
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17 October 2025 |
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Removal of MPAC chair and special meeting set aside for failure to follow standing orders and lack of authority.
Municipal law – committee chair removal – compliance with Council Standing Orders (rules 29, 30 and notice provisions) – authority to represent municipality and depose to affidavits – delegation framework vests litigation authority in municipal manager/executive mayor – validity of special meeting convening and condonation for non-compliance.
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16 October 2025 |
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Appeal lapsed for failure to comply with Rule 49; condonation and reinstatement refused; punitive costs ordered.
Procedure – Appeal lapsed – Uniform Rule 49(6)(a) – failure to apply for hearing date within 60 days – condonation and reinstatement refused where non‑compliance is flagrant and explanations inadequate; State litigation policy – duties of State Attorney and client departments; costs – punitive attorney‑and‑client and Scale C orders.
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16 October 2025 |
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Use of a faulty IV drip alone did not prove negligence or causation; appeal dismissed with costs.
Medical negligence – defective medical device (intravenous drip) – res ipsa loquitur – onus to prove negligence and causation – admissibility of hearsay statements of treating clinicians – appellate interference limited absent misdirection.
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15 October 2025 |
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No substantial and compelling circumstances justified departing from the mandatory life sentence for rape of a child.
Criminal law – Rape of a child – Mandatory life sentence under s 51 CLAA – Substantial and compelling circumstances – Sentencing discretion – Breach of trust – DNA corroboration – Appellate interference only for misdirection or disturbingly inappropriate sentence.
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15 October 2025 |
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The appellant's appeal dismissed: evidence supported premeditated murder and mandatory life sentence was appropriate.
Criminal law – murder – premeditation; section 51(1) CLAA (mandatory life) – subjective inquiry into state of mind; appellate review of trial court findings; sentencing discretion and substantial and compelling circumstances.
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6 October 2025 |
| September 2025 |
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Commuter hardship constituted exceptional circumstances and irreparable harm under s18, so appeal dismissing suspension was upheld.
• Superior Courts Act s18(3) — exceptional circumstances; irreparable harm to applicant; absence of irreparable harm to respondent — conjunctive test, not balance of convenience. • Interim interdicts and s18 procedure — interlocutory orders not automatically stayed; requirement to record reasons immediately under s18(4)(a)(i). • Remedies — financial loss compensable by damages does not ordinarily constitute irreparable harm. • Procedural conduct — delay in prosecuting appeals and delayed reasons criticised but not necessarily fatal to s18 relief.
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26 September 2025 |
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Applicant failed to show procedural error or good cause to rescind default judgment; s129 inapplicable due to debt review.
Default judgment — rescission — rule 42(1)(a) and common law — requirements for rescission: reasonable explanation, bona fide and bona fide defence with prospects; Service — domicilium and rule 4; National Credit Act s129 — pre‑litigation notice requirement and inapplicability where debt‑restructuring/debt review applies (s129(2)); Debt review and s86(10) — termination and effect on enforcement; Evidence — documentary proof of service, email and SMS notifications.
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25 September 2025 |
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Failure to annex integral contract annexures renders particulars vague; signature by non‑nominated representative not fatal on exception.
* Civil procedure – Exception – Particulars of claim alleged to be vague and embarrassing for failure to annex integral annexures to a written contract – Rule 18(6) – documents integral to basis and calculation of claim must be annexed.
* Contract law – Written contract containing annexures specifying scope and prices – omission to annex may render pleading excipiable.
* Contract formation/authority – Agreement signed by a person other than the contractually nominated representative – whether binding requires interpretation and factual inquiry not suitable for determination on exception.
* Pleadings – Benevolent construction required; minor defects may be cured by amendment.
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25 September 2025 |
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Court granted upliftment of the bar despite delay, noting respondent's failure to give statutory notice may be a trial defence.
Civil procedure – upliftment of bar and condonation for late filing; bona fide defence and relevance of pleadings; Institution of Legal Proceedings Against Organs of State Act 40 of 2002 s3 – mandatory notice requirement; prejudice and interests of justice; costs – no order where both parties at fault.
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25 September 2025 |
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Interim interdict granted to halt estate distribution pending resolution of a contested will alleged to be forged.
Succession law – interim interdict to restrain distribution of estate pending challenge to will; Executor duties – must not distribute where will validity is contested; Forgery – prima facie handwriting discrepancies may vitiate a will; Non-joinder and delay – curable defects where estate integrity requires protection; Costs – urgency costs and wasted costs ordered.
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25 September 2025 |
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Applicant established exceptional circumstances under s 18(3) warranting enforcement of a judgment pending applications for leave to appeal.
* Superior Courts Act s 18(3) – execution pending appeal – exceptional circumstances required; irreparable harm test
* Urgency – semi-urgent relief for enforcement pending appeal
* Contractual liability – third-party indemnity does not bar enforcement of adjudicated debt
* Balance of prejudice – applicant's immediate financial distress v respondent's mere financial inconvenience
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25 September 2025 |
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Applicant convicted of serious Schedule 6 offences failed to show exceptional circumstances for bail pending appeal.
Criminal procedure — Bail pending appeal under Schedule 6 — requirement to establish "exceptional circumstances"; State’s non-opposition not binding; grant of leave to appeal not determinative of reasonable prospects of success; balancing seriousness of offence, flight risk, delay and personal ties.
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18 September 2025 |
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Non‑compliance with s309(2)/s309B and Rule 67 (uncertified record, no magistrate’s statement, altered grounds) led to appeal struck from roll.
Criminal procedure – Appeals from magistrates' courts – s309(2) and s309B CPA and Rule 67 Magistrates' Court Rules – mandatory compliance with Rule 67(5),(6),(7) for preparation, certification and transmission of record; magistrate's duty to furnish written reasons; notice of appeal confined to grounds in leave application; High Court has no power to grant condonation for late noting of appeal.
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16 September 2025 |
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Peremptory compliance with s309(2) and Rule 67 is required; non-compliance renders an appeal improperly before the High Court.
Criminal procedure — Appeals from magistrates' court — s309(2) Criminal Procedure Act — s309C petition for leave to appeal — Rule 67 Magistrates' Court Rules — peremptory compliance with Rules 67(5)–(7) — transmission of record — High Court not empowered to condone late noting — non-compliance renders appeal improperly before High Court.
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16 September 2025 |
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Unlawful police assault caused PTSD and hearing loss; court awarded R80,000 general and R454,385 future medical expenses.
Delict — wrongful assault by police — causation of PTSD and sensorineural hearing loss — assessment of general damages and acceptance of unopposed expert and actuarial evidence for future medical expenses.
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15 September 2025 |
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Municipality’s exception to particulars of claim for overcharging dismissed; statutory defences must be raised by special plea, not exception.
Civil procedure – Exception – Cause of action – Municipal tariffs – Whether particulars of claim disclosing cause of action where overcharging and unjust enrichment are pleaded – Exhaustion of internal remedies under the Systems Act – When to raise statutory defences by exception or by special plea.
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12 September 2025 |
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Referral to oral evidence required to determine whether an alleged customary marriage and executorship are valid.
Customary marriage — validity of alleged marriage; motion proceedings vs disputes of fact — real, genuine and bona fide dispute; Rule 6(5)(g) — referral to oral evidence; locus standi of heirs to challenge executorship and marital status; review of Master’s appointment.
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12 September 2025 |
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Appellant’s appeal improperly noted and condonation wrongly sought in High Court; appeal struck from the roll.
* Criminal procedure – Noting of appeal – validity – notice of appeal must be filed in Regional Court and bear Assistant Registrar's stamp.
* Criminal procedure – s 309(2) Criminal Procedure Act – condonation for late noting must be sought from magistrate of lower court; High Court not competent as court of first instance.
* Magistrates' Court Rules – Rule 67 – time periods and grounds of appeal – purpose to enable magistrate and State to respond.
* Appellate practice – compliance with Practice Directives and filing of practice note; consequences of non-compliance.
* Professional duty – failures by legal representative may justify striking an appeal from the roll.
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11 September 2025 |
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Failure to comply with strict procedural requirements under Rule 67(5A) for life imprisonment appeals results in lapsing of the appeal.
Criminal procedure – appeal – life imprisonment – automatic right of appeal – effect of Rule 67(5A) Magistrate’s Court Rules – requirement to note appeal within 10 days and to re-enrol within 10 days if struck off or removed – non-compliance results in lapsing of appeal – procedural requirements peremptory – absence of application for reinstatement precludes hearing of appeal.
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11 September 2025 |
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Urgent interdict refused because the applicant created its own urgency by participating in the challenged procurement.
Urgency – self-created urgency – participation in challenged procurement disentitles party to urgent relief; Interim interdict – requirements (urgency, prima facie right, irreparable harm, balance of convenience); Administrative law – PAJA/PAIA as alternative remedies; Procurement law – court reluctant to interfere with executive procurement absent exceptional circumstances.
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11 September 2025 |
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Damages for unlawful arrest and inhumane detention conditions awarded, reflecting infringements of liberty, dignity, and constitutional rights.
Delict – Unlawful arrest and detention – Quantum of damages – Factors considered include duration, conditions of detention, aggravating circumstances, and violation of constitutional rights – Assessment of damages not mechanical; comparative awards are guidelines only.
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10 September 2025 |
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An appeal against conviction and a life sentence for murder was dismissed as the trial complied with legal requirements and no misdirection occurred.
Criminal law – murder – compliance with section 93 ter (1) of the Magistrate’s Court Act – election to proceed without assessors – essential elements of murder – significance of deceased’s age – sentencing – substantial and compelling circumstances – appellate intervention in sentence.
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5 September 2025 |
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The court upheld the lawfulness of arrest and detention based on reasonable suspicion under section 40(1)(b) of the Criminal Procedure Act.
Unlawful arrest and detention – lawfulness under section 40(1)(b) of the Criminal Procedure Act – reasonable suspicion – justification – onus of proof – constitutional rights – evaluation of witness credibility.
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2 September 2025 |
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A default judgment against a municipality was rescinded due to improper service and good prospects of defence following review of appointment.
Civil procedure – rescission of default judgment – service of process on local authority – requirements of Uniform Rules of Court and Local Government: Municipal Systems Act – condonation for late filing – points in limine on authority must be raised under Rule 7(1) – locus standi – prospects of success on merits in light of related review judgment.
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2 September 2025 |
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An appeal against conviction and life sentence for rape dismissed where the trial was fair and evidence was corroborated.
Criminal law – rape – conviction on basis of credible and corroborated evidence – appeal against conviction and sentence – evaluation of contradictions and fair trial rights – minimum sentencing – prior conviction – whether substantial and compelling circumstances exist to deviate from prescribed sentence.
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1 September 2025 |
| August 2025 |
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Murder convictions set aside due to non-compliance with assessor appointment requirements under section 93ter(1) of the Magistrates’ Courts Act.
Criminal procedure – Section 93ter(1) of Magistrates’ Courts Act – mandatory compliance – assessors in murder trials – whether accused adequately informed of rights – improperly constituted court – fatal irregularity – convictions and sentences set aside.
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29 August 2025 |
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Settlement agreements may not be rescinded for unilateral mistakes discoverable before signature unless a justus error is proven.
Civil procedure – Settlement agreement – Rescission of compromise – Requirements for setting aside – Justus error – Finality – Costs on attorney and client scale.
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29 August 2025 |
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The court awarded substantial general and special damages for an unlawful police assault causing permanent scarring and psychiatric injury.
Police misconduct – Unlawful assault by police – Damages – General and special damages for physical and psychological injuries – Constitutional rights – Assessment of quantum – State liability for gratuitous violence by state officials – Deterrent and vindicatory function of damages awards.
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29 August 2025 |
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Failure to personally canvass the accused's waiver of assessors in a murder trial constituted a fatal irregularity, vitiating proceedings.
Criminal procedure – Assessors – Section 93 ter (1) of the Magistrates' Court Act 32 of 1944 – Requirement for appointment or explicit waiver by accused in murder trials – Failure to confirm waiver personally with accused vitiates proceedings – Fair trial rights – Irregularity leads to setting aside of conviction and sentence.
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29 August 2025 |
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School authorities are liable for psychiatric damages suffered by a learner’s family after negligent failure to supervise at a school event.
Delict – Negligence – Duty of care owed by educators and school authorities to safeguard learners, including at off-premises events – Liability for failure to supervise leading to learner’s death – Claims by family members for medically-recognised psychiatric harm – Actionable injury beyond ordinary grief – Quantum and costs.
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29 August 2025 |
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Unlawful arrest and detention without warrant by police held to violate constitutional rights; damages awarded for arbitrary deprivation of liberty.
Unlawful arrest and detention – Civil liability of police – Arrest without warrant – Onus on arresting officer to prove lawfulness – Damages for violation of constitutional rights and personal dignity – Damages assessment for period and conditions of detention.
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29 August 2025 |
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Conviction set aside where state's case rested on unreliable single-witness identification and material contradictions in evidence.
Criminal procedure – Evidence of single witness – Identification – Cautionary rules – Contradictions – Appeal – Conviction set aside for unreliable identification and material contradictions in state evidence.
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28 August 2025 |
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Conviction and sentence set aside due to irregular charge sheet amendment and failure to ensure a fair trial for the accused.
Criminal procedure – Amendment of charge sheet – Right to fair trial – Section 86 of Criminal Procedure Act – Duty to inform accused and avoid prejudice – Insufficient prima facie evidence – Review and setting aside of proceedings.
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28 August 2025 |