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Citation
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Judgment date
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| November 2025 |
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Proceedings against a respondent who died before summons are void; claim must be pursued against the estate.
Civil procedure – competence of proceedings – institution of proceedings against a deceased person – legal personality terminates at death – domicilium citandi et executandi lapses on death – proceedings against deceased void ab initio – claims must be pursued against deceased estate via executor.
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28 November 2025 |
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Court lacked jurisdiction to review an arbitral award because the arbitration seat and award were in Pretoria.
Arbitration — Review under s 33 Arbitration Act — Territorial jurisdiction — Seat of arbitration and place of award determine the forum — Doctrine of effectiveness — Superior Courts Act s 21(1).
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28 November 2025 |
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Liability conceded; court excluded unproven anterior fusion, awarded R982,316.45 for quantum and taxed costs against plaintiff.
Delict — Municipal duty of care; Quantum — future medical expenses and surgical necessity; Expert evidence — Michael v Linksfield/Bolitho logical basis test; Occupational therapy — assistive devices versus domestic and garden assistance; Proof of home‑ownership for home maintenance allowance; Loss of earning capacity — actuarial methodology, acting allowances, contingencies; Costs — late amendment and wasted costs.
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28 November 2025 |
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Whether the plaintiff’s evidence established a prima facie verbal forward sale agreement so as to defeat absolution from the instance.
Civil procedure – absolution from the instance – Claude Neon test – whether evidence adduced by plaintiff permits a reasonable finding in plaintiff’s favour; Pleadings – unpleaded causes of action cannot be introduced by evidence; Contract law – verbal forward agreement for future sale/purchase of agricultural produce; Relevance – financing arrangements between plaintiff and bank not determinative of defendant’s liability.
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28 November 2025 |
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Plaintiff showed a prima facie breach-of-contract claim; absolution from the instance refused and costs awarded.
Civil procedure — Absolution from the instance — Test: whether there is evidence upon which a court might reasonably find for the plaintiff (Claude Neon Lights) — Prima facie proof of breach of contract — Costs follow the event (party-and-party Scale B).
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26 November 2025 |
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Applicant disclosed no bona fide defence; summary judgment granted and execution stayed until 30 October 2025.
Civil procedure – summary judgment – defendant must disclose facts which, if proved, constitute a defence; bare or sketchy averments inadequate. Instalment sale – reservation of ownership – cancellation for breach – creditor’s right to vindicate vehicles. Judicial discretion – limited indulgence/stay of execution and allocation of costs.
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26 November 2025 |
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Applicant failed to show fresh urgency for relisting a tender-review; application remains struck and costs awarded.
Urgent applications — necessity to plead specific changed circumstances not previously before court; relisting requires new, material facts constituting overriding urgency; absence of reasons for prior order where none were requested does not excuse applicant’s onus; costs following striking for lack of urgency.
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24 November 2025 |
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Appeal against life sentence dismissed; no substantial and compelling reasons to depart from prescribed sentence; determinate sentences run concurrently.
Criminal law – sentencing under section 51(1) CLAA – requirement for substantial and compelling circumstances to depart from prescribed life sentence; appellate interference with sentencing discretion; Correctional Services Act s39(2)(a)(i) – determinate sentences subsumed by life sentence; application of S v Malgas and S v Matyityi.
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21 November 2025 |
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Quantification of loss of future earning capacity for an intermittently employed claimant rendered unemployable by traumatic brain injury.
Loss of earning capacity – quantification – severe traumatic brain injury rendering claimant effectively unemployable; actuarial projections moderated by contingencies for intermittent pre-accident employment and unemployment; judicial value judgment required; interest and costs orders; section 17(4)(a) medical undertaking remains binding.
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21 November 2025 |
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Applicant’s condonation and rescission applications dismissed for inadequate explanation of delay and insufficient evidence.
Civil procedure – condonation for late filing – requirement to give full, detailed and corroborated explanation for delay – reliance on attorney’s neglect insufficient without corroboration; rescission of default judgment – rule 31(2)(b) and rule 42(1) – applicant must show good cause and credible prospects; rule 46A attachment order – ancillary to default judgment and not rescinded absent satisfactory evidence.
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21 November 2025 |
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Condonation for a three‑year delay in filing replication and section 3 notice refused for inadequate explanation; costs awarded.
Condonation — inordinate delay in filing replication — full and reasonable explanation for entirety of delay required — prospects of success immaterial if explanation unacceptable; Institution of Legal Proceedings Against Certain Organs of State Act — compliance with s3 considered holistically; late proof of service incompetent; costs follow result.
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20 November 2025 |
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Arrest and detention lawful under s40(1)(a) and s50(1); plaintiff’s claim dismissed with costs.
Criminal Procedure Act s40(1)(a) – arrest without warrant where offence committed in presence of peace officer; s50(1) – requirement to bring arrested person before court within 48 hours; credibility and corroboration of police witnesses; claimant’s burden to prove unlawful arrest and detention.
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17 November 2025 |
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Court rectified its order to correct a clerical error and required proof of credit-provider registration for the postponement.
Chamber book application – rectification of court order – clerical/patent error in draft order prepared by counsel – functus officio limitation on revisiting later judge's order – requirement to provide proof of credit-provider registration.
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17 November 2025 |
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Unlawful three‑day arrest and degrading detention warranted R138,000 damages plus interest and high‑court scale costs.
Constitutional and delictual liability – unlawful arrest and detention – assessment of damages – factors: manner of arrest, duration, detention conditions, personal circumstances, comparable authorities (Diljan). Costs – award of costs on high court scale justified despite monetary jurisdiction of magistrates' court.
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14 November 2025 |
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Plaintiff’s claims for assault, unlawful arrest and detention dismissed; arrest and detention found lawful on reasonable suspicion.
Criminal Procedure Act s40(1)(b) – Arrest without warrant – Reasonable suspicion based on team information; Use of force in arrest – pepper spray to subdue uncooperative suspect; Collective knowledge of arresting officers admissible for assessing reasonableness of suspicion; Delictual claims for assault, unlawful arrest and detention – onus and justification by State.
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14 November 2025 |
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Court declares customary marriage valid, condones late registration and orders Home Affairs to register and issue certificate; counter‑application dismissed.
Recognition of Customary Marriages Act 120 of 1998 – s 3(1) requirements – consent, age, negotiation/celebration in accordance with customary law – lobola and cohabitation as evidentiary factors. Living customary law – non‑compliance with a single ritual (eg. bride transfer) does not necessarily invalidate a customary marriage (Ngwenyama; Mbungela; Tsambo). Late registration – condonation and ordering Department of Home Affairs to register and issue certificate. Removal of executor – s 54(1)(a)(v) Administration of Estates Act 66 of 1965 – discretion exercised in interests of estate; removal not warranted absent dishonesty or risk to estate. Evidentiary sufficiency – opposing affidavit must contain primary, personal facts, not mere hearsay.
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14 November 2025 |
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Month-to-month contract extensions and subsequent appointments without required procurement compliance are unlawful and payments constitute unauthorised expenditure.
Public procurement — s 217 Constitution — accounting officer duties under s 38(1)(a)(iii) PFMA — Treasury Regulations compliance — ultra vires contract extensions — unlawful expenditure — s 172(1)(a) and (b) remedies — valuation and set-off of work performed — corporate veil and joinder.
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14 November 2025 |
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Court referred disputed issues (locus standi, agreement validity, quantum) to oral evidence and ordered applicant to pay costs.
Civil procedure – referral to oral evidence in motion proceedings – Uniform Rule 6(5)(g) – existence of genuine, bona fide and material disputes of fact – locus standi – validity of intermediary agreement and group scheme form – acceptance of quotation – disputed computation of quantum – costs ordered against applicant.
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12 November 2025 |
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Defendant's failure to monitor and manage labour caused a minor's hypoxic brain injury; defendant held liable for damages and costs.
Medical negligence – obstetric and neonatal care – inadequate foetal monitoring, mismanagement of induction, failure to act on pathological CTG leading to hypoxic‑ischaemic brain injury. Causation – factual causation established on a balance of probabilities; Lee‑test inapplicable in this case. Expert evidence – Rule 38(2) affidavit experts admitted; uncontradicted expert and oral evidence sufficient where defendant offered no evidence. Civil procedure – postponement applications: timeliness, bona fides and prejudice; unavailability of particular counsel not decisive. Remedy – defendant liable for proven/agreed damages and costs; quantum postponed sine die.
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12 November 2025 |
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Defendant liable for proven RAF damages; future medical costs ordered by s17 undertaking; loss of income and general damages dismissed.
Road Accident Fund liability; credibility and proof on merits; s 17(4)(a) undertaking for future medical costs; failure to prove loss of income without documentary evidence; general damages subject to RAF 4/regulation 3 process and not court adjudication until Fund's decision; costs awarded on Scale B.
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12 November 2025 |
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Condonation refused and rescission dismissed where state failed to give satisfactory explanation or show bona fide defence.
Condonation and rescission — late rescission application — requirement of full and satisfactory explanation; bona fide defence and prospects of success; institutional inefficiency insufficient excuse for non-compliance; abuse of process; costs follow result.
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12 November 2025 |
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Rival written sale agreements creating genuine disputes of fact were referred to trial under Uniform Rule 6(5)(g).
Property law – conflicting written sale agreements for immovable property on tribal land – competing claims to ownership. Civil procedure – disputes of fact on affidavit – referral to trial under Uniform Rule 6(5)(g). Procedural directions – affidavits to stand as pleadings; normal pleadings, discovery and trial rules to apply.
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12 November 2025 |
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Court transfers matter to judicial case management and directs interlocutory applications to be decided on the papers.
Civil procedure – judicial case management – trial readiness – Practice Directive 18(2). Civil procedure – interlocutory applications under Rules 35(5) and 36(6) – whether matter may proceed to trial. Court file preparation – indexing, pagination and completeness of record. Disposition – transfer to judicial case management roll; interlocutory applications to be decided on papers; costs reserved.
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11 November 2025 |
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Court varied interim Rule 43 order, finding material change and ordering phased, supervised expansion of parental contact.
Children’s Act – best interests of the child; Rule 43(6) – competence and material change; phased contact orders; Family Advocate supervision; parenting coordinator; interim variation of access and monitoring.
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7 November 2025 |
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Court varied ex parte interdict: restrained major works, ordered temporary weatherproofing, and suspended structural alteration pending Part B.
Civil procedure – ex parte interlocutory relief – duty of full and frank disclosure – material non-disclosure may vitiate order. Uniform Rules 6(8) & 6(12)(c) – anticipation and reconsideration/variation of orders granted in absence of a party. Interim interdict – prima facie right, irreparable harm, balance of convenience, absence of alternative remedy. Preservation of property pending substantive dispute – suspension of irreversible works and ordering of temporary protective measures. Costs – costs in the cause where parties achieve partial success in intra-familial/church disputes.
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7 November 2025 |
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Applicant failed to prove guarantor and surety liability due to unrefuted misrepresentation defence and discovery non‑compliance.
Civil procedure — Discovery — Rule 35(12) and court order to produce documents — failure to comply and obstructive late production; Contract and suretyship — Guarantee under COVID‑19 loan scheme — defence of misrepresentation as to State guarantee; Suretyship — Alleged release from suretyship and evidentiary burden to produce documents; Admissibility/weight of affidavits — replying affidavit deposed to by different deponent lacking personal knowledge.
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7 November 2025 |
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Leave to appeal refused: applicants failed to show reasonable prospects or compelling reasons under s17 Superior Courts Act.
Superior Courts Act s 17 – leave to appeal – higher threshold: reasonable prospects of success or compelling reasons required. Appealability of interlocutory/interim interdicts – Zweni criteria (final effect, definitive of rights, disposes substantial relief). Preservation of status quo by interdict pendente lite; reluctance to interfere in medias res. Costs follow the result.
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4 November 2025 |
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Whether procedural non‑compliance and late filing warranted striking the appeal or should be cured by condonation and postponement.
Practice and procedure – Appeal – whether appeal should be struck from roll for non‑compliance with Uniform Rules and Practice Directives – reconstructed trial record – late filing of heads of argument and condonation – court’s discretion to postpone and direct compliance.
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4 November 2025 |
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Police arrests and detention were lawful where reasonable suspicion existed and prosecution withdrawal did not automatically invalidate detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) CPA – Reasonable suspicion and objective test; Detention and first court appearance – s 50(1)(a), s 50(6), s 60 CPA – withdrawal of charges does not automatically render detention unlawful; Evidence – assessment of credibility and onus on state to prove lawfulness of arrest.
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3 November 2025 |
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Leave to appeal refusal of further particulars dismissed for lack of reasonable prospects and no interests of justice.
Civil procedure — interlocutory rulings — refusal of further particulars under rule 35 — appealability assessed against Zweni attributes and section 17(1)(a) Superior Courts Act — reasonable prospects of success and interests of justice required for leave to appeal.
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3 November 2025 |