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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
9 judgments
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9 judgments
Citation
Judgment date
December 2023
S v Godla (CA 48/2018) [2023] ZANWHC 625 (22 December 2023)
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.
 22 December 2023
S v Banda (CA 21/2018) [2023] ZANWHC 626 (21 December 2023)
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.
 21 December 2023
S v Dingizwayo (CA 40/2018) [2023] ZANWHC 617 (21 December 2023)
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.
 21 December 2023
Modisakeng v Bapho Ba Mogale Investments NPC and Others (M579/2023) [2023] ZANWHC 612 (14 December 2023)
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.
 14 December 2023
Monyane v Minister of Police (CIV APP MG 23/23) [2023] ZANWHC 623 (14 December 2023) (Civil Appeal)
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.
 14 December 2023
Murray and Dickson Construction (Pty) Ltd Eigenbau Joint Venture v Dr Ruth Segomotsi Mompati District Municipality (M55/2023) [2023] ZANWHC 615 (14 December 2023)
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.
 14 December 2023
Venter and Another v Steyn and Others ; In re: Venter and Another v Steyn and Others (3368/2019) [2023] ZANWHC 609 (14 December 2023)
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.
 14 December 2023
Uniting Reformed Church in the Southern Africa: Worlmaranstad Congregation v Sewedi and Others (UM221/2023) [2023] ZANWHC 611 (12 December 2023)
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.
 12 December 2023
KTS General Trading CC v Madibeng Local Municipality and Others (UM 212/2023) [2023] ZANWHC 607 (1 December 2023)
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.
 1 December 2023