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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:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
4 judgments
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4 judgments
Citation
Judgment date
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