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Citation
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Judgment date
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| January 2025 |
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Unlawful 24-day detention in degrading conditions warranted R480,000 damages; defendant conceded liability; costs on Scale B.
Delict — unlawful arrest and detention — assessment of quantum — duration, conditions, invasion of dignity and other relevant factors. Evidence — consent to filing damages affidavit precluding cross-examination — affidavit evidence uncontested. Constitutional rights — deprivation of liberty and dignity. Costs — late concession by State — Scale B.
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31 January 2025 |
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Court refused to admit expert evidence on affidavit under Rule 38(2) where respondent reasonably required cross-examination.
Rule 38(2) – evidence on affidavit in action trials; discretion constrained by proviso protecting right to cross-examination; balancing fairness and cost/time-saving; expert evidence – oral evidence preferred where opposing party reasonably requires cross-examination.
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29 January 2025 |
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Applicant granted leave to amend plea to clarify second respondent’s employment; applicant ordered to pay amendment costs.
Civil procedure – Amendment of pleadings – Rule 28(4) and (10) – Leave to amend to clarify employment/secondment status permitted to facilitate proper ventilation of dispute. Civil procedure – Irregular proceedings – Rule 30 – Late objection to supplementary affidavit inappropriate; timely Rule 30 process required. Costs – Applicant seeking indulgence ordered to pay costs including wasted costs where amendment application prosecuted haphazardly.
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29 January 2025 |
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Late appeal condoned; convictions and mandatory life sentences for rape upheld; no substantial and compelling circumstances to deviate.
Criminal law – Rape – single-witness identification and corroboration; Theft of motor vehicle – fingerprint evidence; Minimum sentences – section 51(1) Criminal Law Amendment Act – substantial and compelling circumstances required to deviate; Appellate review – deference to trial court credibility findings absent misdirection or shockingly inappropriate sentence.
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28 January 2025 |
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Late appeal condoned; 25-year sentence for rape upheld as not resulting from material misdirection or shockingly inappropriate.
Criminal law – prescribed minimum sentences – s 51(1) Criminal Law Amendment Act – life sentence mandatory unless substantial and compelling circumstances exist. Sentencing – substantial and compelling circumstances – nature and cumulative effect of mitigating and aggravating factors; alcohol not necessarily mitigating. Appeal – appellate interference in sentence – only for material misdirection or where imposed sentence is shockingly inappropriate (S v Malgas). Rape – differentiation between degrees of seriousness; not every s 51(1) case mandates life imprisonment.
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28 January 2025 |
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A provisional sequestration founded on an existing, unsuspended default judgment may be finally confirmed despite speculative, unfiled rescission plans.
Insolvency – Sequestration – Confirmation of provisional sequestration where based on a binding default judgment and no rescission pending. Civil procedure – Effect of default judgment – Judgment binds and is enforceable until set aside (s 165(5) Constitution; Tasima). Locus standi – Cession and power of attorney establish creditor’s locus standi; earlier determinations may preclude relitigation absent a live rescission. Abuse of process/delay – Intended but uninstituted rescission applications do not warrant discharge of provisional sequestration. Compliance – Advertisement and service requirements for final sequestration.
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24 January 2025 |
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Court confirms 1992 tribal resolution and interdicts respondents from allocating or occupying the applicants’ allocated business site.
Property/Customary law – authenticity of tribal resolution – authority of senior traditional council (kgotlakgolo) to allocate business sites – validity of customary allocation and internal transfer – interdict to prevent allocation/occupation – referral for oral evidence (Rule 6(5)(g)) and application of credibility/reliability/probabilities (Plascon-Evans/Stellenbosch approach).
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24 January 2025 |
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Unilateral removal of an urgent application equates to withdrawal requiring consent or leave; respondent ordered to pay taxed attorney and client costs.
Civil procedure – urgent applications (Rule 6(12)) – removal from roll – removal equated with withdrawal – Rule 41 requires consent or leave – costs consequences – unilateral removal without tendering costs attracts adverse costs (attorney and client).
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24 January 2025 |
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Section 309C petition dismissed for lack of prospects; Registrar’s misconduct and supervisory failures referred for investigation.
Criminal procedure — s309C petition against sentence — administrative delay and misallocation of petition files by Registrar — late transmission by clerk of court — denial of effective exercise of petition rights — SOP and Batho Pele principles — prima facie misconduct and referral for investigation.
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23 January 2025 |
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Petition against sentence dismissed for lack of prospects; Registrar’s prolonged administrative failures referred for investigation.
Criminal procedure – petition under s309C CPA – late transmission and prolonged non-processing of petition; administrative mismanagement and misallocation of case numbers by Registrar; failure to charge or explain s51 Criminal Law Amendment Act affecting sentencing exposure; referral of Registrar and supervisory officials for investigation for dereliction of duty.
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23 January 2025 |
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Arrest was unlawful for lack of reasonable suspicion and inadequate investigation; plaintiff awarded R40,000 plus costs.
Criminal procedure – warrantless arrest – section 40(1)(b) CPA – reasonable suspicion must exist at time of arrest; ex post facto justifications impermissible. Police conduct – duty to investigate and assess exculpatory statements before forming suspicion. Delict – unlawful arrest and detention – assessment of solatium considering duration, conditions and constitutional right to freedom. Costs – litigant justified in approaching High Court notwithstanding magistrate jurisdiction where constitutional liberty is at stake.
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15 January 2025 |
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State failed to prove reasonable grounds for arrest; unlawful arrest and 23-day detention awarded R350,000 damages.
Police law – arrest without warrant under s 40(1)(g) CPA and Stock Theft Act – onus on state to justify lawfulness; failure to call material witnesses undermines state case; inadequate investigation and lack of reasonable grounds render arrest and consequent detention unlawful; entitlement to damages for 23 days’ unlawful detention; interest and costs awarded.
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15 January 2025 |
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Respondent’s non‑performance repudiated the contract; applicant entitled to deposit refund, but not consequential or speculative profit losses.
Contract law – repudiation and rescission – supplier’s failure to manufacture, deliver and install goods – refund of deposit; Damages – causation and quantification of consequential loss – substitution purchase not proven equivalent; Lost profits – requirement of reasonable certainty and causal link; Costs – successful claim for refund awarded party-and-party costs.
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14 January 2025 |
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Court awarded R100,000 general damages for PTSD and loss of amenities after unlawful rubber-bullet shooting by police.
Delict — Unlawful use of rubber bullets by police — assessment of general damages for pain, disfigurement, PTSD and loss of amenities; expert psychiatric and psychological evidence admitted by agreement; comparative awards as guidance only; interest from date of summons; costs on High Court Scale B.
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10 January 2025 |
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Alleged sodomisation unpleaded and inadmissible; R90,000 awarded for three-day unlawful arrest and detention.
Unlawful arrest and detention – liability conceded; assessment focused on quantum. Pleadings – facta probanda required; unpleaded, serious allegations inadmissible to enhance quantum. Proof of patrimonial loss – must be pleaded and causally linked to detention. Quantum – factors include duration, conditions, invasions of dignity, comparable awards; appellate court may interfere where trial award is inadequate. Costs – successful appellant awarded costs, including appeal costs.
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9 January 2025 |
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Minor awarded R3,366,204.60 for loss of earning capacity after 40% contingency reduction.
• Road Accident Fund — quantum — loss of earning capacity of minor — expert evidence (neurosurgical, clinical, educational, occupational and industrial psychological assessments) and actuarial valuation.
• Contingency deductions — appropriate allowance for speculation in assessing a minor’s pre- and post-accident earning prospects.
• RAF Regulations — determination of whether injury is ‘serious’ falls to the Fund, not the trial court in quantum proceedings.
• Award of costs — defendant ordered to pay taxed or agreed party-and-party costs (Scale B including counsel).
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6 January 2025 |
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A default declaratory order was rescinded where the Master showed an arguable defence despite an administrative default.
• Civil procedure – rescission of default judgment – Uniform Rule 42(1)(a) and common law rescission; requirements: reasonable explanation and bona fide defence with prospects of success.
• Doctrine of peremption – acquiescence in judgment; objective conduct enquiry.
• Insolvency law – interpretation of s349 read with s351(1) of Companies Act and s153 read with Third Schedule of Insolvency Act regarding Master’s fees under R5,000.
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6 January 2025 |
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Reported
Evicting and demolishing occupied dwellings without a court order breaches section 26(3) and PIE; prior interdict not perpetual.
Property law/evictions – Eviction and demolition of dwellings without a valid court order unlawful; s 26(3) Constitution and PIE apply; prior interdicts not perpetual. Civil procedure – Application of Plascon-Evans where respondent’s denials are unsubstantiated; applicants’ version of occupation accepted. Public law/municipal conduct – Municipality must use PIE procedures and may not rely on outdated interdict to engage in self-help. Remedies – Mandatory restoration of possession, reconstruction or alternative accommodation, return of belongings, and interdict against further evictions without court order.
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6 January 2025 |
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Caveat subscriptor defeats a signatory’s defence of not reading a contract absent duress or material misrepresentation.
Civil procedure – summary judgment – bona fide defence – signing and conduct (payments) as evidence of assent. Contract law – caveat subscriptor – signatory bound by written agreement absent duress or material misrepresentation. Instalment sale agreements – cancellation and repossession – absence of a pleaded and substantiated defence on papers defeats summary judgment.
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6 January 2025 |
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Reported
Adjectus defence must be pleaded; set-off and payments were proved and the appeal is dismissed with costs.
Civil procedure – duty to begin – Uniform Rule 39(11). Set-off – requisites for valid set-off and proof on balance of probabilities; delivery/registration as relevant to when purchase price becomes due. Performance – adjectus solutionis gratia v adstipulator; need to plead defence and legal effect of nominating third parties for payment. Tender/offer to settle – effect of court’s failure to record tender; Uniform Rule 34.
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6 January 2025 |