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Citation
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Judgment date
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| December 2023 |
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Appeal dismissed: child-witness identification and medical evidence proved rape; the appellant’s late, inconsistent alibi was unreliable.
Criminal law – Appeal against conviction and sentence – appellate restraint on trial court credibility findings; Evidence – child witnesses: holistic assessment and trustworthiness, avoid double-cautionary rule; Identification – dock and contemporaneous pointing-out by child and independent witness; Alibi – late disclosure, investigative prejudice and diminished weight; Sentence – life imprisonment where previous rape conviction and parole breach present.
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22 December 2023 |
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A child complainant’s single-witness evidence, corroborated by medical findings, sufficed to uphold a rape conviction.
Criminal law – Rape of child – Single child witness evidence – Cautionary approach and trustworthiness test; Medical corroboration (J88) – absence of hymen and vaginal/cervical discharge consistent with penetration; Appellate review – deference to trial court credibility findings unless materially misdirected.
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21 December 2023 |
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Appellant’s youth and first‑offender status did not amount to substantial and compelling circumstances to avoid life imprisonment for gang rape.
Criminal law – Sentencing – Appeal against life imprisonment for gang rape – substantial and compelling circumstances – appellate interference only for material misdirection or shockingly inappropriate sentence; sentencing discretion affirmed where offender’s limited mitigation does not outweigh grave offence circumstances.
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21 December 2023 |
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Court set aside a winding‑up where subsequent events produced a surplus for the shareholder and continuance was unnecessary.
Company law – Companies Act s 354(1) – Court may set aside or stay winding‑up where subsequent events render continuance unnecessary or undesirable; standard of proof is factual. Constitutional law – Appointment of administrator under Traditional and Khoi‑San Leadership Act – validity of appointment sustained where declaration of invalidity was suspended. Insolvency/liquidation – proven claims paid from realised assets/dividends; existence of surplus for shareholder grounds for setting aside winding‑up.
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14 December 2023 |
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Appeal against R10,000 quantum for short unlawful detention dismissed; award found fair and reasonable.
Unlawful arrest and detention – quantum assessment – discretionary award of solatium; appellate interference only for material misdirection or striking disparity; use of comparable cases as guidance but not determinative; short same‑day detention (approx. seven hours) can justify modest award.
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14 December 2023 |
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Leave to appeal refused; execution of large arbitration award stayed pending review to avoid irretrievable prejudice.
Arbitration award – stay of execution pending administrative review – substantial monetary award may cause irretrievable prejudice – leave to appeal under s17(1)(a) Superior Courts Act requires reasonable prospects of success or special circumstances – application for leave refused; costs awarded.
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14 December 2023 |
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Leave to appeal granted to SCA on novel prescription issues involving claims by or against members of a Close Corporation.
Prescription — special plea — appealability of interlocutory plea that may dispose of claim; Prescription Act v Close Corporations — whether actions by or against members of a Close Corporation affect accrual and interruption of prescription; Leave to appeal — s17(1)(a) Superior Courts Act — reasonable prospects of success and novel point of law; Costs — appeal costs to be in the cause unless appeal not pursued.
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14 December 2023 |
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Urgent application to suspend sale in execution dismissed for self-created urgency; applicants ordered to pay respondents' costs.
Urgency – Rule 6(12) – self-created urgency where applicant delays opposing taxation, attachment and fails to pursue leave to appeal; execution not suspended by dormant notice of application for leave to appeal; costs against unsuccessful urgent applicant.
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12 December 2023 |
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North West Division lacked territorial jurisdiction over Madibeng/Brits tender challenge; application dismissed with attorney-and-client costs.
Territorial jurisdiction – Superior Courts Act s21 – area of jurisdiction determined by persons residing/being and causes arising within division; effectiveness principle; magisterial district allocation (Madibeng/Brits) places jurisdiction in Gauteng Division; location of service performance irrelevant to jurisdiction; punitive costs (attorney-and-client) where litigant persists in wrong forum after warning.
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1 December 2023 |
| November 2023 |
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Reported
Winding‑up refused where the respondent bona fide and reasonably disputed the indebtedness secured by the surety bond.
Companies law — winding‑up — application inappropriate where underlying debt is bona fide and reasonably disputed; prescription; validity and scope of suretyship and surety mortgage bond; agency/representative admissions; admission of pleadings from parallel civil action into record; Badenhorst rule applied.
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30 November 2023 |
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Arrest and detention were lawful: officer had reasonable suspicion under s40(1)(b) and detention complied with 48‑hour rule.
Civil procedure – stated case (Rule 33(1)) – arrest and detention – section 40(1)(b) CPA: reasonable suspicion for arrest without warrant for Schedule 1 offence – objective test for suspicion; Criminal procedure/Constitution – section 35(1)(d) (48-hour rule) and section 50(1)(d) – computation of 48 hours and first court day – lawfulness of detention; Discretion of arresting officer – rationality standard (Sekhotho).
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29 November 2023 |
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Leave to appeal granted on novel question: correct procedure after rescission of a section 58 consent judgment obtained ex parte.
Civil procedure – Magistrates’ Court – Section 58 consent judgment (acknowledgment of debt) obtained ex parte where no summons issued – rescission under Rule 49 – procedural consequences. Whether rescission renders a magistrate functus officio and whether mero motu orders to file a declaration may revive proceedings. Leave to appeal – section 17(1)(a) Superior Courts Act – novel point of law and reasonable prospects of success.
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27 November 2023 |
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Withholding contract proceeds as self-help is unlawful; court confirmed freeze and ordered immediate release of funds to applicant.
Civil procedure – rule nisi for preservation of funds – confirmation and immediate release of frozen bank funds; Contract – subcontractor entitlement to invoice proceeds; Self-help and set-off – unlawful withholding of payment; Principles of fairness, reasonableness and rule of law (Beadica; Chief Lesapo); Interim relief – preservation of applicant’s rights and prejudice from supplier demands.
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27 November 2023 |
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Attempted murder is not a competent verdict to robbery; conviction replaced with assault with intent to do grievous bodily harm and sentenced to four years.
Criminal procedure – review under s304(4) – conviction of an incompetent verdict (attempted murder on robbery charge) is a gross irregularity; s260 CPA – competent verdicts to robbery; s93ter MCA – assessors discretionary, not peremptory except for murder; sentencing afresh by appellate/review court; s103 Firearms Control Act – automatic declaration of unfitness; s282 CPA – antedating of sentence.
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24 November 2023 |
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Court awarded R1,277,143.50 for a minor’s brain injury, adjusted for pre‑existing vulnerability and secured via trust and s17 undertaking.
• Civil damages – Road Accident Fund – pediatric concussive brain injury on pre‑existing cognitive vulnerability – assessment of general damages and loss of earnings. • Civil procedure – Rule 42(1)(b) correction of clerical error in curatrix ad litem appointment; Rule 38(2) admission of expert reports on affidavit where no opposing experts. • Quantum – appropriate contingency/discount for loss of earnings increased due to pre‑existing vulnerabilities. • Protection of minor’s award – trust, trustee security, case manager, s17(4)(a) undertaking.
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22 November 2023 |
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Applicant failed to establish a liquidated accrual claim or standing for provisional sequestration; application dismissed with costs.
Insolvency law – provisional sequestration – jurisdictional requisites under sections 9 and 10 of Insolvency Act – requirement of prima facie liquidated claim; Matrimonial property – accrual determined at dissolution (MPA s3) except where s8 exception applies; valuation date and inclusion of liabilities essential to quantify accrual; failure to establish liquidated debt and lack of evidence of advantage to creditors fatal to sequestration.
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21 November 2023 |
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Appeal dismissed except to correct trial court’s misdirection by ordering multiple life sentences to run concurrently.
Criminal law – Sentencing – Multiple offences – Life sentences – Whether life sentences should run concurrently or consecutively; interplay of s280 Criminal Procedure Act and s39(2)(a) Correctional Services Act. Sentencing mitigation – Guilty plea and prior convictions – when guilty plea does not constitute substantial and compelling circumstances. Appeal – Interference with sentence – misdirection in structuring concurrent/consecutive life sentences.
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17 November 2023 |
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Leave to appeal refused: no reasonable prospect of success; court lacked jurisdiction over first two defendants; amendment irregular.
Defamation — jurisdiction — forum determined by proper connection to cause of action; reading of publication in forum does not alone vest jurisdiction; Superior Courts Act s17(1)(a) — elevated test for leave to appeal; Rule 28(5) — amendment filed outside ten-day period irregular; costs follow result.
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17 November 2023 |
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Leave to appeal granted because the accrual date for prescription of construction-defect claims raises reasonable prospects of success on appeal.
Prescription – accrual of debt – whether debt arose December 2016 or 5 October 2018; reasonable knowledge and postponement of accrual. Prescription Act s 12(3) – knowledge of facts from which debt arises and reasonable care (Mtokonya considered). Application for leave to appeal – s 17(1)(a) Superior Courts Act; test for reasonable prospects of success (Cook; Mkhita). Housing Consumer Protection Measures Act – relevance to builder liability and prescription issues.
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17 November 2023 |
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Reconsideration under Rule 6(12)(c) refused; court finds BAC unlawfully altered tender criteria and substitution justified.
Administrative law – Judicial review of tender awards – PAJA – section 8(1)(c)(ii)(aa) substitution versus remittal – exceptional circumstances required (Trencon). Rule 6(12)(c) – reconsideration of urgent orders granted in absence of a party. Tender evaluation – procedural fairness – alteration of evaluation criteria after BEC recommendation vitiates process. Test whether court is in as good a position as administrator (Gauteng Gambling Board).
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16 November 2023 |
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Leave to appeal refused where mandamus was vague, unenforceable and statutory intergovernmental dispute remedies were not exhausted.
Administrative law – intergovernmental disputes – payment claims between governmental entities – necessity to exhaust dispute-resolution procedures under the Intergovernmental Relations Framework Act; Civil procedure – leave to appeal – section 17(1)(a) Superior Courts Act – appeal must have reasonable prospects of success; Certainty of orders – mandamus must be sufficiently certain and enforceable.
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16 November 2023 |
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Leave to appeal granted where applicability and exhaustion of municipal internal remedies under section 62(1) raised arguable, conflicting issues.
Municipal law – review of tender award – internal remedies – applicability and exhaustion of appeal under s 62(1) Municipal Systems Act; delegation question (municipal manager v delegated authority); supply chain regulations and internal remedies; test for leave to appeal under s 17 Superior Courts Act; costs in leave applications.
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16 November 2023 |
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Leave to appeal refused where spoliation appeal grounds were vague, repetitive and lacked reasonable prospects of success.
Spoliation — leave to appeal — Superior Courts Act s17(1)(a) — grounds for leave must be clear, succinct and show reasonable prospects of success — vague/repetitive grounds fatal to leave — costs follow result.
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16 November 2023 |
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Proceedings set aside where an unadmitted person impersonated a legal practitioner, constituting a gross irregularity.
Criminal procedure – special review under s22(1)(c) Superior Courts Act – impersonation/appearance by unadmitted person – Legal Practice Act s33(1) – right to legal representation (s73 Criminal Procedure Act; s35 Constitution) – gross irregularity vitiating proceedings – referral to DPP for consideration of re‑instatement de novo.
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16 November 2023 |
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Specific performance granted for an unrefuted redetermination agreement after oral withdrawal of resignation and no rebuttal evidence.
Employment law – Specific performance of a redetermination/settlement agreement for a fixed-term Head of Department where resignation was orally withdrawn; oral agreement reduced to writing; formal consultation requirements held directory not fatal; failure to lead rebutting evidence entitles court to accept uncontradicted case; counterclaim for overpayment not proved.
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15 November 2023 |
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Court stayed writ and uplifted bank attachment pending leave to appeal, finding urgency and potential irreparable harm.
Urgency – Rule 6(12); Suspension of execution pending leave to appeal – s18 Superior Courts Act; Interlocutory vs final orders – effect and interests of justice; Review/stay of writs and attachments (Uniform Rule 45); Non-joinder; Authority of attorneys to act for municipality.
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14 November 2023 |
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Post‑plea withdrawal of a charge and calling for plea without disclosure violate fair-trial rules; incomplete trial set aside.
Criminal procedure – s 6 CPA – distinction between withdrawal of charge before plea (s 6(a)) and stopping prosecution after plea (s 6(b)). Constitutional right to a fair trial – s 35(3)(a) and (b) – right to be informed with sufficient detail and to have adequate time and facilities to prepare a defence; requirement of disclosure and opportunity to consult counsel. Gross irregularity – improper post-plea withdrawal and calling for plea without disclosure vitiate incomplete trial; review and setting aside; order for de novo trial.
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14 November 2023 |
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Failure to consider the applicant’s lengthy pre-trial detention vitiated sentence; appeal upheld and term reduced to 12 years.
Criminal law – sentence appeal – material misdirection where sentencing court failed to consider lengthy pre‑trial detention; period in custody is a factor in the proportionality assessment under minimum‑sentence legislation; appellate court entitled to sentence afresh where misdirection established; prosecutorial and judicial duty to raise appropriate charge/penalty provisions timeously.
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14 November 2023 |
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An exception alleging improper pleading of suspensive conditions fails where contract reasonably allows advancement before fulfilment.
Contract interpretation – suspensive conditions – whether suspensive conditions must be objectively fulfilled or may be waived; Availability Date permitting advancement before fulfilment; exception to particulars of claim for improper pleading.
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13 November 2023 |
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Leave to appeal refused where applicant was tax non‑compliant and transferred funds contrary to the PFMA and SLA; costs awarded.
Administrative law – judicial review – leave to appeal under s17 Superior Courts Act – reasonable prospect of success required; Public Finance Management Act and Service Level Agreement – transfer of public funds and account compliance; Tax compliance as precondition for funding; Costs – Biowatch distinguished; unsuccessful litigant against State liable for costs.
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9 November 2023 |
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Non-compliance with MPRA notice requirements did not vitiate appeal board’s valuation where the applicant suffered no prejudice and valuation dispute was a difference of opinion.
• Municipal rates law – MPRA s49(1) – mandatory notice/publication/service requirements; evidentiary proof of service.
• Administrative justice – prejudice requirement where statutory notice provisions not strictly complied with; exhaustion of internal remedies.
• Valuation disputes – admissibility and weight of expert reports; viva voce evidence vs hearsay; difference of opinion not necessarily reviewable.
• MPRA s45 and s46 – valuation methodology, comparables and treatment of unregistered leases challenged but not shown to render decision irrational.
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2 November 2023 |
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Conviction on s112(1)(b) plea set aside where scientific identity of drugs lacked s212 analysis and reliable foundation.
Criminal procedure — Plea in terms of s112(1)(b) — Scientific element of offence — Requirement to call section 212(4) analysis certificate and chain‑of‑custody evidence — Undefended accused’s admissions of unknown scientific facts — Proper drafting of charge identifying statutory/scientific substance.
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1 November 2023 |
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Conviction set aside where accused’s section 112(2) plea failed to admit essential elements of housebreaking.
Criminal procedure – Plea of guilty – section 112(2) CPA – court must be satisfied accused admits all elements of the offence before convicting; section 113 – correction of plea where doubt exists; judicial duty of magistrate to clarify possible defences; special review under section 304(4).
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1 November 2023 |
| October 2023 |
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Leave to appeal refused where interim removal-from-roll order was interlocutory, rendered moot and had no reasonable prospect of success.
Interlocutory orders – appealability – leave to appeal under s17(1)(a) Superior Courts Act – reasonable prospects of success – mootness where final judgment subsequently renders interim order of no effect – costs follow result; de bonis propriis order requires notice.
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31 October 2023 |
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Reported
Misuse of section 112(1)(a) CPA produced incompetent sentences; five set aside and one sentence amended.
Criminal procedure – s112(1)(a) Criminal Procedure Act 51 of 1977 – summary conviction on bare plea; limits of sentencing under s112(1)(a) – direct imprisonment excluded; ministerial monetary cap (R5,000) on fines. Adjustment of Fines Act 101 of 1991 – applicable to calculate maximum fine where imprisonment maximum prescribed, but not to increase s112(1)(a) cap. Review – incompetent sentences set aside; conviction confirmed but sentence amended where required.
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31 October 2023 |
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Filing an exception interrupts a Notice of Bar; a fresh Notice of Bar is required after withdrawal of an exception.
Civil procedure — Exception to particulars of claim — Exception is a pleading (not a mere Rule 23(1)(a) notice) — Filing of exception interrupts dies induciae created by Notice of Bar — Withdrawal of exception does not revive original Notice of Bar — Fresh Notice of Bar required before default judgment.
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25 October 2023 |
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Court confirmed interdict against unsanctioned hunts and threats, discharged lion-skins order as moot, and awarded costs to applicants.
Opposed urgent motion – two ex parte applications under same case number – interdict against unsanctioned hunts and threats – credibility and contradictions in respondents’ version – rule nisi confirmed; separate application for lion skins discharged as moot due to statutory permit requirements – costs awarded to applicants in first application.
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24 October 2023 |
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Applicant failed to prove contempt beyond reasonable doubt; counter-application not urgent and struck from the roll.
Contempt of court – requirements: order, knowledge, non-compliance, wilfulness/mala fides – standard: beyond reasonable doubt; burden shifts to alleged contemnor to rebut wilfulness once order, service/notice and non-compliance established. Urgency – counter-application struck where applicant failed to pursue earlier identical urgent relief and no urgency shown. Non-joiner/lessee operations – activities conducted by a lessee not automatically attributable to lessor absent evidence of control or continued operation after notice to cease.
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12 October 2023 |
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Assessment of general damages for rubber‑bullet injuries: PTSD, scarring, future medical expenses, interest and costs awarded to the applicant.
Delict – assessment of general damages for rubber‑bullet injuries; PTSD and scarring as elements of pain, suffering and loss of amenities; award of future medical expenses, interest and costs.
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12 October 2023 |
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High Court may stay execution and exercise inherent jurisdiction where urgency, prima facie right and irreparable harm are shown.
Administrative and constitutional law; inherent jurisdiction of High Court to entertain matters within magistrates’/regional court jurisdiction where interests of justice require; Rule 6(12)(c) reconsideration of ex parte urgent orders; urgency and condonation; interim interdict requirements—prima facie right, irreparable harm, balance of convenience, prospects of success; stay of execution pending rescission/removal of bar.
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12 October 2023 |
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Court awarded R140,000 for four days’ unlawful arrest and detention as solatium, plus costs.
Delict – unlawful arrest and detention – assessment of quantum – solatium and deterrence – factors: circumstances of arrest, detention conditions, duration, reputational and emotional impact – precedent guidance (Tyulu, Mahlangu, Rahim, Seymour, Woji).
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12 October 2023 |
| August 2023 |
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An applicant may not set down a matter contrary to an existing postponement order; non‑compliance leads to striking from the roll and costs.
Civil procedure – motion proceedings – Postponement under Rule 41 binds parties until set aside – set down contrary to such order irregular. Uniform Rules – Rule 6(5)(d) and (f) – obligation on applicant to apply to Registrar for hearing date where no answering affidavit or notice delivered. Rule 30/30A – irregular step – procedural remedy for non‑compliance with court orders and Rules. Costs – non‑compliance attracts striking from roll and costs follow result.
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29 August 2023 |
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Application dismissed for failure to prove municipal approval or delegation validating a cession of payment rights.
Municipal law – Procurement and cession agreements; requirement of municipal manager approval to alter supplier/contractor payment arrangements; delegation of authority; evidentiary burden to prove municipal undertaking to pay third party.
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15 August 2023 |
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A second urgent application duplicating a matter struck from the roll is an irregular step and must be dismissed; applicant may seek reinstatement.
Procedure — Rule 30 irregular proceedings — launching duplicate application after matter struck from roll is irregular; correct remedy is explanatory affidavit and reinstatement application. Civil procedure — Rule 7 authority — not determined after Rule 30 irregularity upheld. Urgent applications — striking from roll does not extinguish cause; applicant must correct defects before re-enrolment.
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10 August 2023 |
| July 2023 |
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Applicant entitled to urgent final interdict compelling repayment of mistakenly transferred funds despite separate anti‑dissipation proceedings.
Banking law – mistaken EFT payment – final interdict to compel reversal; anti‑dissipation order and liquidation proceedings not a bar to correcting an erroneous transfer; requirements for final interdict (clear right, injury, no alternative remedy); punitive costs where respondent acts mala fide.
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31 July 2023 |
| May 2023 |
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Interim payment under Rule 34A granted where prior liability findings and unchallenged expert quantum evidence established recoverable past losses.
Civil procedure – Rule 34A interim payment – requirements: admission/judgment and defendant’s means – when interim payment appropriate. Postponement – formal application, timeliness and bona fides – delay and prejudice. Evidence – medico-legal, neuropsychological and actuarial proof of permanent brain injury, unemployability and quantified past loss. Default/struck-out defences and effect on interim relief.
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26 May 2023 |
| February 2023 |
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Appeal allowed: sentencing vitiated by magistrate's bias; life imprisonment imposed for rape of a nine-year-old.
Criminal law – sentencing – appeal against sentence – appellate interference limited unless trial court’s discretion vitiated by irregularity, misdirection or sentence so shocking no reasonable court could have imposed it. Minimum sentences – s 51(1) and Schedule 2 of the Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances required to deviate from prescribed life imprisonment. Judicial conduct – impartiality, decorum and perceived bias – unreasonable language and extraneous findings by magistrate vitiated sentencing and warranted referral to Magistrates' Commission. Sexual offences – rape of a child by a person in position of trust – aggravating circumstances justify life imprisonment.
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7 February 2023 |
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Arrest of the applicant was lawful where reasonable suspicion of possession of stolen stock existed and documents were not produced.
Criminal procedure — Arrest without warrant — s 40(1)(g) Criminal Procedure Act — reasonable suspicion of unlawful possession of stock or produce. Stock Theft Act — sections 2 and 6 — failure to furnish transaction/identification documents. Evidence — brand marks and boluses (microchips) as linkage to foreign owners. Burden of proof — defendant must establish jurisdictional facts and reasonableness of suspicion. Discretion to arrest — must be rational and for proper purpose.
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6 February 2023 |
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Plaintiff's failure to plead statutory registration under the Engineering Profession Act deprived it of locus standi to sue.
Engineering Profession Act 40 of 2000 – section 18(2) – statutory requirement to be registered to practise; Locus standi – sufficiency of pleadings – failure to allege registration deprives plaintiff of locus standi; Special plea of non-locus standi – procedural propriety and consequence; Pleading – leave to amend declaration granted.
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1 February 2023 |
| January 2023 |
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Where both parties were blameworthy and financially equal, the court ordered each to pay their own costs after a divorce settlement.
Divorce — costs — discretionary under s10 Divorce Act — costs do not automatically follow the result; court must consider parties’ means and conduct. Settlement on morning of trial — costs disputed. Conduct — Rule 34 tenders and negotiation conduct relevant to costs. Means — no substantial disparity; both parties financially independent professionals. Maintenance obligations for adult but dependent children relevant to costs assessment.
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20 January 2023 |