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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

12 judgments

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12 judgments

Citation	Judgment date
December 2022
Masibi and Another v S (CA 59/2019) [2022] ZANWHC 11 (6 December 2022) Condonation refused and life sentences for repeated multi‑perpetrator rape upheld as not disproportionate. Criminal law – condonation for late appeal – adequacy of explanation and prospects of success; Minimum sentences – s51(1) and Schedule 2 – rape committed more than once by more than one person – application of Malgas and Matyityi; Substantial and compelling circumstances – relative youth and personal mitigation not sufficient to depart from prescribed life sentence; Evidence – guilty plea, J88 and DNA admissions; Appeal – standard of review for sentence (material misdirection or shockingly inappropriate).	6 December 2022
November 2022
Nieman v Master of the High Court and Others (UM228/2022) [2022] ZANWHC 9 (28 November 2022) Court authorised surviving spouse to manage estate and be issued interim letters of executorship to prevent commercial harm. Estates Act — s 12 (interim curator) — limited powers to carry on business; s 14 (letters of executorship) — Master’s appointment; Urgent interim relief under Rule 6(12) to preserve commercial interests; Court may grant temporary executorial authority pending Master’s decision without usurping statutory discretion; Commissioning of affidavits — re‑commissioning and Rule 6(12) dispensation.	28 November 2022
Chirwa v Ikemeleng Bagaetsho Construction and Projects C [2022] ZANWHC 5 (14 November 2022) Discovery application dismissed for failure to show requested documents’ relevance and possession by the respondent. Civil procedure – Rule 35(3) discovery – party seeking discovery must prove relevance and that documents are in opponent’s possession or control – documents held by third parties not discoverable from opposing party – costs awarded from date applicant persisted after being informed of non-possession.	14 November 2022
Luvon Investments (Pty) Ltd v Tshufi Gaming and Resort (Pty) Ltd (M786/2021) [2022] ZANWHC 2 (3 November 2022) Whether applicant had locus standi post-cession and whether a belated acceptance of a rejected renewal created a binding lease. Lease law – expiry and month-to-month occupation; cession and re-cession of rentals – locus standi to sue post-cession; contract formation – counter-offer destroys original offer; belated acceptance ineffective; commercial eviction and reinstatement obligations; costs on attorney-and-client scale.	3 November 2022
October 2022
National Diretor of Public Prosecutions v Bacela and Another (FB 09/2020; M280/2017) [2022] ZANWHC 12 (28 October 2022) Whether a forfeiture notice under POCA must be served by the sheriff or may be served on the respondent’s attorney. POCA – Chapter 6 – preservation and forfeiture orders; section 48(3) service requirement; peremptory versus directory statutory provisions; Uniform Rules of Court – Rule 4(1)(aA) service on attorney of record; whether forfeiture proceedings are continuation of preservation proceedings; condonation and inherent powers; draconian nature of civil forfeiture.	28 October 2022
Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2022] ZANWHC 4 (20 October 2022) Plaintiff's claim for unpaid tiles dismissed due to unreliable records, unproven invoices and contested credits. Contract for sale of goods; burden on plaintiff to prove debt on a balance of probabilities; unreliable bookkeeping and flawed reconciliation; disputed invoice terms (prompt-payment discount, breakage allowance, transport tariffs, pallet refunds); asserted credits exceeding claimed amount; cession to insurer and unpleaded locus standi; costs on High Court party-and-party scale.	20 October 2022
Cymdex Three (Pty) Ltd v Van Niekerk NO ; In re: Cymdex Three (Pty) Ltd v Van Niekerk and Others (UM154/2021) [2022] ZANWHC 6 (6 October 2022) A trustee’s letter to tenants that impeded the applicant’s occupation breached an interdict and amounted to contempt. Contempt of court – Interdict – Interpretation of order: “in any way whatsoever” covers non‑physical interference; Trustee’s communications to tenants causing withholding of rent constituted contempt; Requirements for civil contempt (order, service, non‑compliance, willfulness/mala fides) applied; Committal impractical for trustee – fine and suspended portion appropriate remedy.	6 October 2022
De Beer NO and Another v Trifecta Trading 329 (Pty) Limited and Another (1830/2017) [2022] ZANWHC 1 (6 October 2022) Whether the applicant may compel Rule 35 discovery after trial commencement and whether requested bank statements are privileged. Discovery — Uniform Rule 35(3) & (6) — timing — discovery may be sought "at any time"; defective Rule 35 notice — failure to specify oath-alternative — does not preclude compelling compliance; Bank statements — not automatically privileged even if held by attorneys; relevance of aged statements to disputed payments; costs — each party to pay own costs.	6 October 2022
September 2022
Botha NO and Another v Mokasule NO and Others (M282/2020) [2022] ZANWHC 7 (15 September 2022) Court confirmed sequestration of a trust after finding it received a substantial loan from an insolvent trustee, prejudicing creditors. Insolvency law – sequestration of a trust – acts of insolvency where a trust receives substantial loan from an insolvent trustee and acquires immovable property – s 8 Acts of insolvency – s 73 trustee’s authority to obtain legal assistance – proof on a balance of probabilities – costs as administration costs.	15 September 2022
August 2022
Tladi and Others v Minister of Police (2893/2019) [2022] ZANWHC 3 (25 August 2022) Prior court declaration that notice was timely meant prescription had not run; special plea of prescription dismissed. Prescription — commencement of prescription under s12(1) and s12(3) of the Prescription Act — requirement of knowledge of material facts and identity of debtor; effect of prior unopposed court order under Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 on date debt became due; authorities considered: Holden v Assmang; Fluxmans Inc v Levenson; Claasen v Bester.	25 August 2022
July 2022
S v Joubert (03/2023) [2022] ZANWHC 10 (16 July 2022) (Review) The accused's ten-year s276(1)(i) sentence exceeded the statutory maximum and was corrected to five years on review. Criminal procedure – review of sentence – section 276(1)(i) read with section 276A(2)(a)&(b) – statutory maximum five years – review court may correct an incompetent sentence but cannot increase a competent sentence on review – bail pending petition procedural requirements.	16 July 2022
February 2022
Du Plooy and Another ; In re: Du Plooy and Another v Eskom Holdings Soc Limited (UM 197/2021) [2022] ZANWHC 8 (16 February 2022) (Reasons) Applicants failed to establish a prima facie right to compel reconnection where arrears and meter tampering justified lawful termination. Contract law – ratification by conduct where written supply agreement unsigned – supply and billing can constitute acceptance. Interim relief – requirements for final interdict not met where non-payment and meter tampering are established. Administrative/contractual dispute resolution – contractual arbitration clause (AFSA) vs lodging complaint with NERSA. Electricity supply – lawful termination for non-payment and for tampering/bypassing of meters; interplay with Electricity Regulation Act and regulations. Procedure – status and limits of ex parte interim orders and court’s power to replace or discharge prior orders.	16 February 2022

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