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Citation
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Judgment date
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| March 2025 |
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Appeal removed from roll due to incomplete, illegible record and procedural non-compliance; reconstruction and wasted costs ordered.
Civil procedure – Appeal from magistrate – Non-compliance with Uniform Rules (Rules 50, 51, 62) and Magistrates’ Court Rules (51(4), 51(8)) – Incomplete/illegible record – Absence of magistrate’s written reasons – Reconstruction of record (Muravha; Schoombie; Leslie) – Registrar’s duty before assigning hearing date – Security for costs – Wasted costs ordered.
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31 March 2025 |
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Court upholds applicant's summary judgment claim for a liquidated debt, rejecting challenges to deponent's authority and contract validity.
Civil procedure – summary judgment – authority of deponent – compliance with affidavit regulations – contract – acknowledgment of debt – quasi-mutual assent – liquidated claim – attorney-client costs.
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28 March 2025 |
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Default judgment awarded: first defendant vicariously liable for 43 days of unlawful arrest and detention; R650,000 awarded.
• Constitutional law – right to freedom and security of the person – unlawful arrest and detention – prima facie unlawfulness and State’s onus to justify.
• Civil procedure – default judgment following valid notice of bar and failure to deliver pleas.
• Vicarious liability – Minister of Police liable for acts of SAPS members executed in course of employment.
• Damages – assessment of solatium for 43 days’ unlawful detention and uncontested expert evidence of PTSD.
• Condonation – late delivery of statutory notice under Institution of Legal Proceedings Against Certain Organs of State Act condoned.
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28 March 2025 |
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27 March 2025 |
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Condonation granted; appellant’s personal circumstances not substantial and compelling to avoid prescribed life sentence.
Criminal law – minimum prescribed sentence – s 51(1) Criminal Law Amendment Act – substantial and compelling circumstances – appellate interference (Malgas) – condonation for late notice under Rule 67(5A) – attorneys’ negligence and Dengetenge factors – aggravating factors: sustained assault, threats, illegal presence, lack of remorse.
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27 March 2025 |
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Opposed motion postponed due to counsel’s late withdrawal; applicant ordered to pay postponement costs and attorney conduct referred to regulator.
Civil procedure — opposed motion — late withdrawal of counsel for alleged non‑payment of fees — professional duties of attorneys — postponement ordered, costs on attorney and client scale, referral to Legal Practice Council.
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24 March 2025 |
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The defendant is liable for 100% of damages due to under-settlement of the Road Accident Fund claim.
Road Accident Fund – personal injury – quantum calculation – general damages – caregiving compensation – trust management.
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20 March 2025 |
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The respondent held vicariously liable for negligent maternity care causing neonatal death and emotional harm from mishandled remains.
Medical negligence — obstetric and neonatal care — breach of maternity care guidelines, inadequate monitoring and documentation, inappropriate oxytocin use, failure to perform indicated Caesarean — causation (factual and legal) of neonatal death — vicarious liability of provincial health authority — damages for emotional/psychological harm from mishandling of remains.
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20 March 2025 |
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Court grants interim interdict preventing municipality from removing applicant’s prepaid meters pending contractual action or review.
Urgent interim interdict – urgency under Uniform Rule 6(12); prima facie contractual right based on municipal minute; preservation of status quo – interdiction against removal of prepaid meters; non-joinder of third-party service provider and contracting authority not fatal; authority of deponent; costs on attorney-and-client scale.
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20 March 2025 |
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Court upholds appeal in case of wrongful arrest, granting R100,000 and costs due to defendants' absence.
Unlawful arrest and detention – application of Rule 32(2) of Magistrates’ Court Rules – undisputed claims in default judgment.
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20 March 2025 |
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The High Court reviewed and set aside maintenance proceedings due to gross irregularity in the respondent's legal representation.
Maintenance Law – Legal representation – Validity of right of appearance – Gross irregularity in proceedings – Fair hearing rights.
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17 March 2025 |
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A declaratory challenge to in duplum application was dismissed as incompetent, res judicata, and an abuse of court process.
Civil procedure — rule 6(5)(d) points — condonation for late filing; Declaratory relief — competence — inadmissible advisory declarations where law and prior judgment resolve issue; In duplum rule — settled principle; post-judgment interest and VAT must be accounted for; Abuse of process and costs on attorney-and-client scale.
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17 March 2025 |
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An unincorporated association lacked locus standi and produced inadequate affidavits, so its motion for collective relief was dismissed.
Administrative and Constitutional Law – Locus standi – Unincorporated associations lack separate legal personality and generally lack locus standi to sue in their own name. Class actions – Certification required for representative relief; where class-action certification is absent, relief under s38(d) must be established. Civil procedure – Sufficiency of founding affidavits – material averments, identification of affected persons, authorisation and quantification of damages required; some relief unsuitable for motion proceedings. Service of process – Proper service required for a respondent to be before the court.
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13 March 2025 |
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Unlawful arrest and brief detention in inhuman conditions warrant R120,000 solatium, interest and party-and-party costs.
Constitutional right to personal liberty – arbitrary and unlawful arrest and detention – solatium for injured feelings. Assessment of quantum for unlawful arrest/detention – consider duration, circumstances of arrest, police conduct, absence of explanation/apology, cell conditions and plaintiff’s status. Police refusal to allow prescribed medication and inhuman cell conditions aggravate award. High Court jurisdiction justified for matters concerning deprivation of liberty. Costs – party-and-party scale B awarded; magistrate’s court scale not appropriate.
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13 March 2025 |
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Application struck from urgent roll due to lack of urgency and alternative redress available on scheduled future date.
Urgency – Interim Protection Order – Application to suspend operation of order due to purported financial harm – Rule 6(12) urgency requirements.
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12 March 2025 |
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Arrest without objectively reasonable suspicion was unlawful; detention claim failed for lack of pleaded evidence.
Police powers of arrest – section 40(1)(b) and (e) CPA and s36 GLAA – requirement of objectively sustainable reasonable suspicion – duty to investigate and assess explanations before arrest – omission to plead/lead evidence on detention conditions defeats unlawful detention claim.
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12 March 2025 |
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Commission report and Premier’s acceptance set aside for incomplete record, lack of reasons, and quorum/ procedural defects.
Administrative law — judicial review of administrative action under PAJA — duty to provide adequate reasons (s33(2) Constitution; s5 PAJA); Rule 53 record — completeness and right to a proper record for review; statutory commissions — quorum and meaningful participation; principle of legality — procedural rationality in decisions recognizing traditional leaders.
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12 March 2025 |
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Reported
Unlawful arrest due to defective service of protection orders and malicious prosecution without reasonable and probable cause.
Protection from Harassment Act – service of interim and final protection orders – Regulation 28 and statutory requirement for service by clerk, sheriff or peace officer; telephone ‘service’ not authorised. Criminal Procedure – arrest without warrant – necessity of warrant/affidavit under Protection from Harassment Act (Section 11) and application of Section 11(4)(b) and (5) before immediate arrest. Malicious prosecution – absence of reasonable and probable cause; prosecution under incorrect statute; animus injuriandi established where prosecutors continued in reckless disregard of defects. Damages – assessment of solatium for unlawful arrest/detention and malicious prosecution; awards: R480,000 and R200,000 respectively; interest and costs ordered.
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11 March 2025 |
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The High Court upheld a life sentence for multiple rape, emphasizing crime severity over personal circumstances.
Criminal Law – Sentencing – Rape – Life imprisonment prescribed minimum – Whether personal circumstances of appellant justified deviation from life sentence – No substantial and compelling circumstances found.
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6 March 2025 |
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Council meeting notice via WhatsApp upheld; municipal regulations complied with.
Local Government Law – Council Meetings – Service of Meeting Notices – Use of electronic means for notification as per adopted municipal rules.
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6 March 2025 |
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Plaintiff with permanent traumatic brain injury awarded R5.9m for loss of earnings and past medical expenses.
• Road Accident Fund – damages for loss of earning capacity and past medical expenses following traumatic brain injury; actuarial valuation and contingencies; admissibility of expert evidence by affidavit (Rule 38(2)).
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6 March 2025 |
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Conviction for failure to pay maintenance set aside due to magistrate’s unfair trial conduct and denial of right to call witnesses.
Criminal procedure – Maintenance Act s31(1) – elements and prosecution onus; Maintenance Act s41 – conversion to maintenance enquiry; Right to a fair trial – right to call witnesses and to full cross‑examination; Judicial conduct – impatience and procedural impropriety vitiating proceedings; Criminal Procedure Act s186 – limits on court calling witnesses.
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5 March 2025 |