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Citation
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Judgment date
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| May 2025 |
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Appellate court set aside an improperly imposed 20-year robbery sentence and substituted the 15-year prescribed minimum.
Criminal law – sentence review – robbery with aggravating circumstances – discretionary minimum sentences (s51(2) CLAA) – appellate interference where sentencing court misdirected or exercised discretion improperly; bias/emotion in sentencing; Bogaards v S; Zinn triad considerations.
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29 May 2025 |
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Non-compliance with s93ter(1)’s assessor explanation renders a regional murder trial improperly constituted; conviction and sentence set aside.
Criminal procedure – Magistrates’ Court Act s93ter(1) – requirement to inform accused that regional murder trials must be assisted by two assessors unless accused requests otherwise – peremptory. Proper constitution of court – failure to comply with s93ter(1) renders regional court not properly constituted; convictions and sentences to be set aside. Change of plea and amendment invoking prescribed minimum sentence – court should confirm assessors position when plea/charges change. Minimum sentence and competent verdicts – requirements to be explained to accused.
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29 May 2025 |
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Urgent eviction under PIE s5 fails where an alternative remedy under s4 exists despite danger and comparative hardship.
PIE Act s5 — urgent eviction: court must be satisfied of (a) real and imminent danger, (b) comparative hardship favouring eviction, and (c) no other effective remedy; s5 is alternative to s4; failure to meet all three requirements warrants striking for want of urgency.
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27 May 2025 |
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Appeal struck for failure to prosecute and for non‑compliance with rules on timelines, security for costs and lodging the record.
Procedure — Appeal — Non-prosecution; Failure to comply with rules on noting, lodging record and security for costs (rules 50, 51 MCR); Rule 30 procedural route for alleged irregular steps; Condonation and dispensing with security required if non-compliance to be excused.
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27 May 2025 |
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Condonation granted; conviction and life sentence for rape of a minor upheld despite omission to reference minimum sentence.
Criminal law – rape of minor – evaluation of child witness evidence and application of cautionary approach; forensics – absence of semen does not necessarily exonerate where medical evidence indicates recent trauma; procedural fairness – omission to reference minimum sentence in charge not necessarily prejudicial where accused legally represented and aware; sentencing – automatic life imprisonment for rape of a person under 16 unless substantial and compelling circumstances established.
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27 May 2025 |
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Court grants interdict against protest actions disrupting mining operations, reinforcing operational rights. No costs awarded.
Interdict – Applicant seeks final interdict against protesters disrupting mining operations – Requirements for interdict satisfied – Community protests related to Social and Labour Plan.
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23 May 2025 |
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Affixing a notice at the respondent's chosen domicilium after diligent attempts can amount to effective service; vehicle return ordered.
Civil procedure — Service at domicilium citandi — Rule 4(1)(iv) amendments (12 Apr 2024; 22 Dec 2024); effective service by affixing after diligent attempts; sheriff's return prima facie evidence (s43(2) Superior Courts Act); default/unopposed proceedings validated; instalment-sale cancellation and vehicle return ordered; damages postponed sine die.
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23 May 2025 |
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A defendant cannot repudiate an unqualified admission in its plea by later raising an inconsistent special plea.
Civil procedure – Pleadings – Effect of admissions – An unqualified admission in a plea is binding and relieves the other party from proof of that fact. Civil procedure – Amendment/withdrawal of admissions – Withdrawal requires substantive application and explanation, not mere notice of amendment. Road Accident Fund Act s 24 – procedural compliance alleged in special plea cannot contradict prior admission in plea over. Uniform Rules r 18 and r 22 – defendant must plead denials of material facts in plea; failure to do so deems facts admitted. Civil Proceedings Evidence Act s 15 – consequences of admissions on evidential burden.
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22 May 2025 |
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An application for rescission of a sequestration order was dismissed due to unreasonable delay, absence of special circumstances, and no bona fide defence.
Insolvency – rescission of sequestration order – section 149(2) of the Insolvency Act – requirements for condonation – delay and lack of explanation – no bona fide defence or exceptional circumstances – reliance on attorney negligence – removal of trustees.
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19 May 2025 |
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Applicants failed to prove urgency for an interdict against alleged defamatory social media posts; application struck and costs awarded.
Urgent application — Rule 6(12) — urgency must be established in founding affidavit; subsequent material cannot cure defects — social media defamation — balancing prejudice to court roll and other litigants — application struck for lack of urgency; wasted costs awarded.
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16 May 2025 |
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Appellant failed to discharge the onuses for initial and new‑facts bail; magistrate’s refusals upheld and appeal dismissed.
Criminal procedure – bail — initial application under s60(11)(b) / Schedule 5 — onus on accused on balance of probabilities; bail on new facts under s60(11)(a) / Schedule 6 — accused must show exceptional circumstances; appellate review of magistrate’s discretionary bail refusal.
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15 May 2025 |
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The applicant’s appeal against mandatory life sentences was dismissed; no substantial and compelling circumstances justified departure.
Criminal law — Murder — s 51(1) and Part 1 of Schedule 2 CLAA — mandatory life sentence — substantial and compelling circumstances; sentencing discretion and appellate interference (Malgas; Zinn); weight of pre-trial detention, youth and remorse in sentencing; appellate condonation principles.
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13 May 2025 |
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Applicant’s late replication and request to lift bar refused for failure to show good cause; application dismissed with costs.
Civil procedure – replication (Rule 25(1)) – 15‑day period after service of plea is mandatory where replication necessary; summary judgment or rescission does not suspend replication period. Condonation – applicant must give full, plausible explanation and show interests of justice; mere litigation strategy or delay insufficient. Estoppel defence – must be raised timeously; lateness and lack of good cause justifies refusal to uplift bar. Costs – unsuccessful, dilatory litigant ordered to pay costs including costs of two counsel.
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13 May 2025 |
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Failure to file a power of attorney and security for costs justified striking the appeal off the roll and awarding costs.
Procedure — Appeals — Rule 7(2): power of attorney must be filed before registrar sets appeal down; Rule 49(13): security for costs required before lodging record; Court’s discretion to refuse to entertain non-compliant appeals; striking off roll and costs for procedural non-compliance.
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8 May 2025 |
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The plaintiff's warrantless arrest, detention and home search were unlawful; damages awarded, property-loss claim dismissed.
Police procedure – Arrest and detention – onus on State to justify lawful arrest; failure to bring detainee to court renders detention unlawful; warrantless home searches – s 22 CPA – consent or reasonable grounds required; property seized by police – distinction between rei vindicatio and actio ad exhibendum; quantum – solatium assessed with reference to duration, conditions, motive and comparable authorities; default proceedings – consequences of failure to uplift bar.
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7 May 2025 |
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Appeal dismissed: section 10(2) certificate and affidavit evidence sufficiently established identity and justified committal.
Extradition — Section 10(2) certificate — wording "justify" v "warrant" — acceptable; Extradition enquiry — nature sui generis, conducted like preparatory examination not trial; Proof of identity — affidavit and documentary evidence may suffice; Commissioners of Oaths regulations — substantial compliance adequate; Admissibility of affidavits in extradition proceedings.
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7 May 2025 |
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A review cannot proceed without the Rule 53 record; applicants must furnish or reconstruct it or the review is removed from the roll.
Administrative/judicial review – Rule 53 – requirement to file the Rule 53 record – decision‑maker to dispatch record – reasons alone insufficient. Review procedure – applicant’s duty to furnish or reconstruct record when available – failure fatal to review. Civil procedure – improper form of notice of motion does not cure absence of record; court cannot hear merits without record. Doctrine of finality – court cannot treat a review as a fresh substantive interdict where a final lower court judgment exists.
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6 May 2025 |
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Reported
Absence of a Fidelity Fund Certificate warrants regulatory sanction but does not automatically nullify criminal proceedings.
Criminal procedure — Representation — Attorney practising without Fidelity Fund Certificate — Whether absence of FFC vitiates proceedings or attracts only disciplinary/criminal sanction — Interpretation of s84 LPA — Gross irregularity under s22(1)(c) SCA — Fair trial considerations.
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6 May 2025 |
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The court ruled the refusal to honor an employment contract unlawful, ordering arrears and cost payments to the plaintiff.
Employment law – Contract of employment – Validity of employment contract – Conditions for renewal and fulfillment of documentation requirements
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2 May 2025 |