|
Citation
|
Judgment date
|
| February 2025 |
|
|
Court exercised s173 power and stayed adjudication enforcement pending related review proceedings, ordering costs against respondent.
• Civil procedure – Stay of proceedings – Inherent power under s173 Constitution – courts may stay procedural relief in the interests of justice.
• Adjudication – provisional nature of adjudicator’s award – relevance where underlying contract has terminated.
• Enforcement of adjudication awards – whether enforcement should await outcome of related review litigation.
• Costs – unsuccessful stay applicant ordered to pay party‑and‑party costs on Scale B.
|
28 February 2025 |
|
An appeal against refusal of bail for an accused with fraudulent immigration status and insufficient local ties was dismissed.
Criminal law – Bail appeal – Flight risk – Illegal immigrant status and possession of fraudulent permanent residence permit – Absence of sufficient ties to South Africa – Section 60(4)(b) Criminal Procedure Act – Refusal of bail affirmed.
|
28 February 2025 |
|
Single-witness sexual offence evidence can support conviction; separate sexual acts may constitute multiple rapes attracting CLAA aggravation.
Criminal law — Sexual offences — Conviction on single witness evidence — Cautionary approach and holistic evaluation of discrepancies. Evidence — Discrepancies between viva voce evidence and prior statements not necessarily fatal to credibility. Forensic evidence — Absence of physical injury (J88) does not preclude rape. Criminal law — Distinct sexual acts (finger and penis) can constitute multiple rapes under CLAA s51(1) and Part 1 Schedule 2. Sentencing — Appeal court will only interfere for material misdirection; substantial and compelling circumstances can justify deviation from prescribed minimum sentence.
|
26 February 2025 |
|
An attorneys’ firm failed to show good cause to reinstate an appeal lapsed under Rule 49(6), appeal dismissed and costs awarded.
Civil procedure – Rule 49(6) lapsing and reinstatement of appeal; "good cause" requires reasonable explanation and prospects of success; discovery – Rule 35(12)/(14) compliance; striking out for failure to comply with discovery; attorneys’ duty to keep and produce accounting records; costs including Senior Counsel.
|
21 February 2025 |
|
A liquidator's right to property access overrules set-off arguments in undivided joint estate disputes.
Divorce proceedings – Liquidation of joint estate – Access for valuation and sale of properties – Pension fund claims – Interdict granted.
|
21 February 2025 |
|
Upliftment dismissed — applicant failed to show good cause, bona fides, or disclose a bona fide defence; costs on scale B.
Rule 27 – upliftment/condonation for non-compliance; good cause requires full explanation, bona fides and bona fide defence; Maharaj test for disclosure of defence; litis contestatio reaches finality when plea time under notice of bar expires; prejudice to deceased estate relevant to discretionary relief.
|
21 February 2025 |
|
Court awards R26.7M for damages in accident caused by pothole, based on plaintiff's expert reports. No defense led.
Civil procedure - Damages - Quantum determination based on expert reports in absence of defendant counter-evidence - Liability in road accident involving public roads.
|
20 February 2025 |
|
Court awards damages for loss of income post-collision; denies past medical expenses due to evidence absence.
Personal injury – Quantum of damages – Apportionment of loss of income due to reduced employability – Road Accident Fund liability.
|
19 February 2025 |
|
Court awards R2,975,000 to plaintiff for negligence-induced injury and income loss in road accident.
Personal Injury – Road Accident – Negligence of Insured Driver – Quantum of Damages – Loss of Earning Capacity – Future Medical Expenses Certificate
|
18 February 2025 |
|
Late Rule 30 notice dismissed; pending Rule 30 notice renders subsequent notice of bar irregular and struck out.
Civil procedure – Uniform Rules – Rule 30(1) and Rule 30(2)(b) – time‑limit for notice of irregular step – notice served outside 10‑day period is irregular absent condonation. Civil procedure – Rule 30A – interplay with Rule 30 – Rule 30A does not override Rule 30 where an irregular step is alleged and its time limits apply. Civil procedure – notice of bar – service of notice of bar while Rule 30 notice pending constitutes an irregular step and may be struck out. Civil procedure – remedy – striking out entire claim in Rule 30 proceedings is exceptional and not routinely ordered.
|
14 February 2025 |
|
Failure to conduct mandatory ss77–79 enquiries and misapplication of s78 led to review and setting aside of the magistrate’s order.
Criminal procedure – sections 77–79 CPA – necessity of initial enquiry before psychiatric referral; Proper constitution of section 79 panel for serious offences; Section 78(6) CPA – options available only where accused is found not criminally responsible; Misapplication of MHCA detention powers (s37 v s42) when statutory procedure not followed.
|
14 February 2025 |
|
Failure to deliver a 48‑hour agenda for a Special Council meeting breached standing rules and justified urgent interdictory relief.
Local government — Standing Rules of Order — Rule 10 & 11 — Requirement to deliver detailed and itemised agenda at least 48 hours before Special Council meeting — Failure to comply invalidates meeting notice and breaches councillor’s right to meaningful participation; Urgent application — test for urgency and final interdict — clear right, reasonably apprehended injury and lack of adequate alternative remedy.
|
13 February 2025 |
|
Magistrate's recusal mid‑trial makes proceedings a nullity; trial must be heard de novo before a different presiding officer.
Criminal procedure — Part‑heard trial — Recusal of presiding officer — Functus officio — Effect: proceedings rendered nullity and trial must proceed de novo; s118 CPA inapplicable once evidence led; accused cannot demand verdict under s106(4) in these circumstances.
|
11 February 2025 |
|
Despite serious administrative delay and procedural errors, the petition to appeal sentence was dismissed for lacking reasonable prospects of success.
Criminal procedure – s 309C petition to High Court after refusal of leave to appeal by magistrate – petition procedure and appellate pathway. Sentencing – application of S v Zinn triad – seriousness of offence and interests of society outweighing personal mitigation – test for 'shockingly inappropriate' sentence. Administrative law/public administration – inordinate delay in processing petitions, incorrect forms and record-keeping – obligations under Chapter 10 and Batho Pele principles. Institutional accountability – referral of Chief Registrar/registrars for consideration of disciplinary action due to failure of oversight.
|
10 February 2025 |
|
Prospects of success on appeal are not dispositive; non‑disclosure, prior convictions and flight/recidivism risk can justify denying bail.
Criminal procedure – bail pending appeal – interests of justice assessment; prospects of success on appeal not determinative; risk of absconding and likelihood of committing further offences; non‑disclosure of pending charges and contradictory residence evidence; deference to trial court’s discretion (s 65(4) CPA; case law: S v Masoanganye, Rohde, Coetzee).
|
7 February 2025 |
|
The appellant failed to show substantial and compelling circumstances to avoid prescribed life imprisonment for rape of a minor.
Criminal law – Sentencing – Minimum sentences under s51(1) Criminal Law Amendment Act – Rape of a minor attracts prescribed life imprisonment – Substantial and compelling circumstances required to deviate (s51(3)) – Age, first‑offender status and absence of evidence of harm insufficient – S v Malgas; S v Bogaards.
|
7 February 2025 |
|
Applicant in business rescue interdicted respondents from removing and processing mine-dump materials from its land.
Urgent relief — Rule 6(12) — requirements and justification; Interdict — requisites for final interdict: clear right, injury, no alternative remedy; Property/mineral rights — landowner control over materials on land; Failure to prove transfer or statutory MPRDA approvals; Costs follow the result.
|
5 February 2025 |
|
Applicant granted urgent rei vindicatio: excavator returned and respondent ordered to pay attorney-and-client costs.
Civil procedure – urgency – Rule 6(12)(b) – requirement to show urgency not self‑created and absence of substantial redress in due course. Property – rei vindicatio – owner’s right to recover movable property held by another; onus on possessor to establish a right to retain. Disputed facts – material and bona fide disputes – invocation of Rule 6(5)(g) and when oral evidence/trial referral is required. Remedies – sheriff authorised to attach and remove property; SAPS assistance may be procured. Costs – attorney-and-client costs justified for vexatious or reprehensible litigating conduct.
|
4 February 2025 |
|
Applicant failed to prove exceptional circumstances and irreparable harm under section 18; urgent application dismissed and costs awarded.
Civil procedure – Superior Courts Act 10 of 2013 s18 – suspension of operation and execution pending application for leave to appeal – exceptional circumstances and irreparable harm required. Motion procedure – affidavits as pleadings and evidence – impermissibility of relying on separate removed proceedings instead of pleading material facts. Urgency – Rule 6(12) – section 18 applications inherently urgent but applicant must still establish urgency. Relief refused where applicant fails to satisfy section 18(1) and (3) on a balance of probabilities.
|
4 February 2025 |
|
Arrest was lawful under s 40(1)(b) CPA: reasonable suspicion from possession of suspected stolen property and no satisfactory explanation.
Criminal procedure – arrest without warrant – s 40(1)(b) CPA – reasonable suspicion based on possession of suspected stolen property and failure to give satisfactory account; General Law Amendment Act s 36 – possession of suspected stolen property treated as attracting penalties of theft and thus within Schedule 1; Value of found item irrelevant to lawfulness of arrest; Pleadings – court may rely on evidence covering an issue even if a specific statutory provision was not pleaded; Credibility – trial court's preference of police evidence upheld.
|
3 February 2025 |
|
Urgent application to suspend municipal dismissal struck from the roll for lack of urgency and available alternative remedies.
Administrative law – Urgency under Rule 6(12) – Applicant must show inability to obtain substantial redress in due course; court may refuse to abridge rules where urgency is self-created. Labour/procedural remedies – Availability of appeal or referral to Bargaining Council/CCMA can negate need for urgent judicial intervention. Municipal governance – Alleged ultra vires dismissal and absence of council minutes/agenda raise substantive issues, but urgency must be established before merits considered.
|
3 February 2025 |
|
Convictions upheld but leave to appeal against sentences granted; prolonged registrar delay referred for administrative action.
Criminal law – Conviction – petition against conviction dismissed where evidence supported the magistrates' findings.* Criminal law – Sentencing – leave to appeal against sentences granted where sentences have prospects of success on appeal.* Administrative law/court administration – Unacceptable delay in Registrar's office – referral to Provincial Director of Court Operations for remedial action.
|
3 February 2025 |
|
Plea struck out as vague, internally inconsistent and incapable of disclosing a defence; exception upheld and costs awarded.
Civil procedure – Exception – Rule 23(1) – Pleading vague and embarrassing – Internal contradictions (acceptance of credit, delivery, indebtedness, cession, acknowledgement of debt) – National Credit Act inapplicable to juristic person – Plea struck out – Costs on scale B.
|
3 February 2025 |
|
Petition against a 15-year minimum sentence dismissed for lack of compelling and substantial circumstances; registrar delay condemned.
Criminal law – Sentencing – Minimum sentences – robbery with aggravating circumstances – requirement of compelling and substantial circumstances to deviate from prescribed minimum. Criminal procedure – Petition against sentence – prospects of success on appeal where previous convictions established. Court administration – Registrar’s office misclassification and delay – administrative inefficiency warranting referral for action.
|
3 February 2025 |
|
Leave to appeal sentence dismissed for lack of prospects given petitioners' significant prior convictions; Registrar's inefficiency criticised.
Criminal law – Petition for leave to appeal sentence – Assessment of prospects of success in light of prior convictions – Administrative law – Registrar's office inefficiency and remedial recommendations.
|
3 February 2025 |