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Citation
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Judgment date
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| December 2025 |
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Loss of support awarded; 20% remarriage contingency applied and funeral costs limited to necessary burial expenses.
Road Accident Fund – loss of support – duty to support under Constitution and Children’s Act – minor children limited to age 18 – contingencies (general and remarriage) – remarriage contingency set at 20% despite actuarial 53% – funeral costs limited to necessary burial/cremation under s 18(4).
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23 December 2025 |
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Whether secession complied with church rules and whether vague catch‑all respondents could be interdicted; appeal partly upheld.
Church governance — secession of congregation — compliance with internal Church Order (Stipulation 45) — effect of extant court order — Rule 7(1) authority challenges — non‑joinder of broad ‘catch‑all’ respondents — access to courts (s 34) — interdictory relief to protect worship premises.
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22 December 2025 |
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Section 22 penalises perjury before the legislature and does not, on its proper construction, breach the privilege against self-incrimination.
Constitutional law — privilege against self-incrimination — provincial immunities — s 22 (perjury) — does not compel testimony or punish silence — subsidiarity — s 23 certificate staying proceedings — admissibility and hearsay rules; s 35(5) procedure.
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19 December 2025 |
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Reading a defamatory national publication in the forum vests that court with jurisdiction; dismissal for lack of jurisdiction was wrongful.
Civil procedure — Jurisdiction in defamation — Publication occurs where plaintiff reads or accesses material; concurrent jurisdiction permitted. Procedural compliance — Uniform Rules 7(2), 49(13)(a) — condonation and reinstatement. Pleadings — late amendment does not lapse where consent given; court should not mero motu decide issues outside pleadings. Costs — separation application costs to be costs in the cause; successful appellant entitled to appeal costs.
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18 December 2025 |
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Court granted urgent interdict preventing escrow disbursement pending review, finding prima facie right and balance of convenience in applicant’s favour.
Urgency – interim interdict – preservation of escrow funds – prima facie right and balance of convenience – inability to revoke investment manager’s release – costs follow the cause; review grounds of irrationality and unlawful procurement of transaction.
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12 December 2025 |
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Premier must decide on recognition of an applicant identified as kgosana under s19 within a set timeframe.
Traditional leadership — Identification and recognition of kgosana under s19 — Two‑stage process: Royal Family identification (s19(1)-(2)) then Premier recognition (s19(3)) — Mandatory relief to compel administrative decision — Res judicata and affidavit‑locus challenges dismissed — Costs awarded.
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12 December 2025 |
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Whether an incomplete record and unused DNA evidence justified setting aside a rape conviction.
Criminal law – rape – evaluation of direct evidence and single witness testimony – evidential weight of plea explanations – admissible but unused DNA report – completeness of appeal record – recalling witnesses to put a changed defence version.
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12 December 2025 |
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Appeal struck for material non-compliance due to missing trial record and failure to file heads and practice note.
Criminal appeal — Appeal struck for material non-compliance with Uniform Rules of Court — Missing essential portion of trial record — Failure to file heads of argument and practice note — No answering affidavit or condonation — Appeal Backlog Project and on-paper adjudication.
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12 December 2025 |
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Unlawful arrest and assault: awards limited by high contingencies; speculative future medical costs dismissed.
Delict — Unlawful arrest and detention with assault — assessment of quantum — evidentiary weight of late retrospective medical and vocational expert reports — application of high contingencies to actuarial loss projections — dismissal of speculative future private medical expenses absent proof of probable personal liability.
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12 December 2025 |
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Urgent application struck; SARS joined and statutory detention under the Customs Act held lawful, spoliation unavailable.
Customs and Excise Act — detention of goods under ss.87, 88 and 102; Rule 12 joinder of SARS as detaining authority; urgency requirements for urgent relief; spoliation cannot lie against lawful statutory detention.
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10 December 2025 |
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A defective s164 enquiry rendered the child’s evidence inadmissible, leaving insufficient evidence to uphold the conviction.
Criminal procedure – section 164 enquiry – child witnesses – adequacy of questioning and admonition; admissibility of unsworn evidence; corroboration and reliability of single‑child witness testimony; medical evidence and forensic testing; sufficiency of evidence to sustain conviction beyond reasonable doubt.
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8 December 2025 |
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Authority of municipal attorneys absent council resolution; Rule 30A remedy and joinder of councillors.
Civil procedure — Rule 30A non-compliance; Rule 7(1) power of attorney — requirement for Council resolution to authorise municipal litigation; joinder of councillors with direct and substantial interest; striking out defence as drastic remedy.
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5 December 2025 |
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General-damages claim postponed because RAF/HPCSA serious-injury assessment and confirmation are not complete.
Road Accident Fund – serious-injury assessment (RAF4) and Regulation 3 – court jurisdiction limited where Fund/HPCSA satisfaction not obtained – narrative test where WPI <30% – psychiatrist evidence of TBI insufficient without neurosurgical/neurophysiological corroboration and contemporaneous hospital documentation – remedies include HPCSA appeal or PAJA review for unreasonable delay.
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5 December 2025 |
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Application alleging unlawful eviction dismissed for lack of standing and non-joinder of materially interested parties.
Constitutional right to housing (s26) – Alleged unlawful eviction – Motion procedure – founding affidavit and confirmatory affidavits sequencing – locus standi – Non-joinder of materially interested parties (police, private security, municipality) – Effect of procedural defects on relief – Application dismissed.
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4 December 2025 |
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Condonation refused and leave to appeal dismissed where municipality failed to justify delay and mounted an impermissible collateral attack.
Civil procedure — condonation for late filing of application for leave to appeal — necessity of full, detailed explanation for each period of delay (Uitenhage; Van Wyk; Grootboom). Appeal — leave under s17(1) requires reasonable prospects of success. Motion proceedings — bona fide dispute of fact must be substantiated (Wightman). Administrative law — collateral attack on administrative acts impermissible; administrative acts valid until set aside (Oudekraal; Merafong). Municipal supply chain — emergency deviation under Regulation 36(1)(a)(i). Costs — punitive attorney-and-client costs for abuse of process and unjust enrichment.
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3 December 2025 |
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Leave to appeal refused: clause suspends payment until CATHSSETA grant is paid; applicant bears onus to prove payment.
Contract law – suspensive condition vs deferred payment – clause making payment subject to CATHSSETA grant; onus to prove fulfilment of suspensive condition; repudiation by non-payment; leave to appeal threshold under Superior Courts Act.
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2 December 2025 |
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The defendant attorneys negligently allowed the applicant's debt claim to prescribe; the NCA did not apply to the AODs.
Attorney negligence – failure to institute proceedings causing prescription – duty to act with reasonable skill and diligence; National Credit Act – whether AODs are credit agreements; alternative unjustified enrichment claim; causation and damages.
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2 December 2025 |