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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
8 judgments
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8 judgments
Citation
Judgment date
October 2023
Molwantwa v Van Vuuren and Others (M133/2021) [2023] ZANWHC 586 (31 October 2023)
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.
 31 October 2023
S v Siduna and Others (HC 14/23) [2023] ZANWHC 584 (31 October 2023)
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.
 31 October 2023
Ketse and Another v Motlhabedi (M03/2021) [2023] ZANWHC 616 (25 October 2023)
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.
 25 October 2023
Muller and Others ; In re: Muller and Others v Visagie and Others (UM286/2021) [2023] ZANWHC 600 (24 October 2023)
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.
 24 October 2023
Harmse v Bulb World Electronics and Another (UM 12/2023) [2023] ZANWHC 620 (12 October 2023)
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.
 12 October 2023
Louw v Minister of Police (317/2019) [2023] ZANWHC 618 (12 October 2023)
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.
 12 October 2023
Minister of Police v Mlotshana and Another (UM 14/2023) [2023] ZANWHC 622 (12 October 2023)
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.
 12 October 2023
Mvala v Minister of Police (52/2021) [2023] ZANWHC 621 (12 October 2023)
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).
 12 October 2023