|
Citation
|
Judgment date
|
| June 2025 |
|
|
Appeal dismissed upholding the conviction and consecutive sentencing for rape and kidnapping, citing adequate evidence and appropriate judicial conduct.
Criminal Law – Rape and kidnapping – Factors in sentencing – Judicial conduct during trial – Material contradictions in witness testimony. |
30 June 2025 |
|
Appeal dismissed; the sentence confirms 20 years imprisonment for rape and kidnapping based on substantial evidence.
Criminal Law – Rape and Kidnapping – Misdirection on evidence – Presiding officer's role – Sentence appropriateness and cumulative effect.
|
30 June 2025 |
|
Appeal against conviction and life sentence for rape dismissed; trial court's findings on credibility and sentence upheld.
Criminal law – rape – common purpose – appeal on conviction – credibility of witnesses – sentencing – mandatory minimum sentence – substantial and compelling circumstances.
|
30 June 2025 |
|
Appeal against conviction and life imprisonment sentence for rape, challenging evidence and sentencing, is dismissed.
Criminal law – Rape – Conviction based on common purpose – Assessment of evidence and witness credibility in presence of inconsistencies. Sentencing – Life imprisonment – Evaluation of substantial and compelling circumstances.
|
30 June 2025 |
|
Unsigned contracts can be valid if mutual conduct indicates acceptance; exceptions based on vagueness dismissed.
Contract Law – Validity of unsigned agreements – Exceptions based on vagueness and lack of cause of action – Implied terms in contracts.
|
26 June 2025 |
|
Unlawful arrest, detention, and lack of proof for malicious prosecution lead to damages award against Minister of Police.
Civil Procedure - Unlawful arrest and detention - Malicious Prosecution - Damages assessed for arbitrary police action violating personal liberty.
|
25 June 2025 |
|
Formal errors and lack of an explicit warning did not render the appellant’s trial unfair or invalidate life sentences.
Criminal procedure — charge-sheet defects — erroneous statutory references — substance over form — prejudice required before setting aside proceedings. Constitutional right to fair trial — failure to warn of minimum sentence — effect assessed by whether accused was prejudiced or would have conducted defence differently. Minimum Sentences Act / Criminal Law Amendment Act — s 51(1) life sentences — factual indicators (multiple rape; grievous bodily harm) place offence in Part I of Schedule 2. Sentencing — life sentences — concurrent life terms permissible; absence of substantial and compelling circumstances justifies life imprisonment.
|
24 June 2025 |
|
Court orders debt repayment and attorney-client cost recovery in a commercial dispute involving acknowledgment of debt issues.
Contract Law – Debt recovery under motion proceedings – Written acknowledgment of debt's validity without creditor's signature – Costs on attorney-client scale.
|
24 June 2025 |
|
Court finds police liable for unlawful arrest, detention, and assault of the plaintiff.
Tort Law – Unlawful Arrest and Detention – Police Liability – Assault by Police – Legal Costs Recovery – Constitutional Rights Infringement.
|
23 June 2025 |
|
Rule 21 request for further particulars dismissed as unnecessary for trial preparation and misjoinder of parties.
Civil procedure – Interlocutory application – Rule 21 request for further particulars – Strict necessity for trial preparation – Misjoinder of parties without direct interest.
|
23 June 2025 |
|
Request for further particulars dismissed as unnecessary; misjoinder of parties without direct interest confirmed.
Civil Procedure – Joinder of Parties – Misjoinder of parties without direct interest – Trial particulars necessity for trial preparation
|
23 June 2025 |
|
Failure to properly join a necessary party in legal proceedings renders the application defective.
Joinder – Non-joinder of necessary party – National Director of Public Prosecutions – Direct and substantial interest
|
20 June 2025 |
|
A notice of intention to defend not filed with the registrar is not 'delivered' and costs may follow.
Civil procedure – Default judgment – Notice of intention to defend – Definition of 'deliver' under Uniform Rules requires service and filing – Failure to file means notice not before court – Costs consequences and removal from roll.
|
18 June 2025 |
|
Court dismissed application to vary a divorce decree, directing applicant to appeal instead due to finality of judgment.
Divorce – Variation of final decree – Rule 42 – Finality of judgment – Necessity of appeal over variation.
|
17 June 2025 |
|
A late Rule 49 request for written reasons is premature absent the applicants' consent or a condonation order.
Rule 49(1)(c) — Request for written reasons must be filed within ten days; Rule 27 — extension/condonation required for late compliance; Late Rule 49 requests are premature without consent or court condonation; Importance of written reasons for appellate rights (Strategic Liquor Services v Mvumbi NO cited).
|
17 June 2025 |
|
Rescission granted where default judgment was obtained against the wrong entity and service was defective.
Rule 42(1)(a) – Rescission of judgment erroneously granted; Incorrect citation of juristic person; Defective service at branch without authority; Judgment in favour of person not before court; Proper service at registered office; Audi alteram partem and void ab initio doctrine; Costs in rescission – costs in the cause.
|
12 June 2025 |
|
Condonation granted but bar upliftment refused for failure to show good cause, bona fide defence, and prospects of success.
Rule 27 – upliftment of bar – requirements of good cause: satisfactory explanation for delay; bona fide defence with sufficient particularity and prima facie prospects of success; Plascon-Evans application of disputed facts; affidavits in motion proceedings – necessity of full, chronological explanation.
|
12 June 2025 |
|
Victim’s facial identification and corroborating clothing gave reasonable grounds; arrest, detention and remand were lawful.
Criminal procedure – Arrest without warrant – s 40(1)(b) Criminal Procedure Act – reasonable suspicion and jurisdictional facts required for arrest; discretion to arrest must be exercised consistently with the Constitution and Bill of Rights. Evidence – identification by victim and corroborating seized clothing may supply reasonable grounds for arrest. Detention – lawful if processed and brought to court within prescribed time limits and remanded for bail proceedings. Malicious prosecution – claim abandoned and not established. Costs – unsuccessful plaintiff ordered to pay party-and-party costs (Scale B).
|
11 June 2025 |
|
Use of force under s49(2) unjustified; arrest and detention declared unlawful, compensation to be awarded.
Unlawful arrest and detention; use of force under s 49(2) Criminal Procedure Act; assessment of credibility and probabilities; evidentiary shortcomings (absence of occurrence book and video); entitlement to compensation and costs.
|
10 June 2025 |
|
Applicant entitled to municipal account records under PAIA; respondents’ rule‑6 notice and lack of evidence insufficient to refuse access.
PAIA — access to records of public bodies; deemed refusal and internal appeal; locus standi in PAIA applications; Rule 6(5)(d)(iii) notices — consequences of relying solely on point in limine; s 34 PAIA — mandatory protection of third‑party personal information and evidentiary burden on public body; remedies under ss 78 and 82 PAIA.
|
10 June 2025 |
|
Contempt and protected‑disclosure claims dismissed where pending s18 appeals suspended enforcement and disclosure requirements were not met.
• Civil procedure – Superior Courts Act s18(1),(3),(4) – effect of leave to appeal and procedure for s18(4) appeals – urgency requirements and role of head of court.
• Contempt of court – alleged non‑compliance with orders enforcing unlawful appointment – effect of pending appeals suspending execution.
• Protected Disclosures Act – scope and form of protected disclosure; requirement of causal link to occupational detriment.
|
6 June 2025 |
|
Application for contempt and protected disclosure dismissed; section 18 appeal pending suspends previous judgment.
Administrative Law – Contempt of court – Superior Courts Act section 18 appeals – Protected disclosure and occupational detriment under the Protected Disclosures Act.
|
6 June 2025 |
|
Contempt claim dismissed: pending s18 appeals suspend enforcement and no protected disclosure or occupational detriment was established.
Administrative law – Municipal employment – appointment of municipal manager declared unlawful – enforcement versus suspension pending appeal (Superior Courts Act s18). Civil procedure – section 18(3) and (4) appeals – requirement to prosecute s18(4) appeals with extreme urgency; procedure guidance (Jai Hind). Contempt of court – effect of pending appeals on contempt claims. Protected Disclosures Act – what constitutes a protected disclosure and requirement of causal link to occupational detriment.
|
6 June 2025 |
|
Ex parte repossession orders require full, objective disclosure; speculative, recycled affidavits do not justify interim recovery of vehicles.
Ex parte applications — duty of utmost good faith and full disclosure; exceptional circumstances required to bypass audi alteram partem; speculative and template affidavits; abuse of court process in near-identical repeated applications; Rule 6(6) — leave to re-enrol with supplemented papers.
|
5 June 2025 |
|
Court quantified general damages, loss of earnings, and future medical costs in a severe injury claim against the Road Accident Fund.
Delict – Road Accident Fund – quantum – general damages for permanent orthopaedic impairment – loss of earnings – future medical costs – judicial discretion in assessment of damages – section 17(4)(a) undertaking – interest and costs.
|
4 June 2025 |
|
Life sentence for rape upheld; appellant’s age and first‑offender status were not substantial and compelling circumstances.
Criminal law – sentencing – prescribed minimum sentence for rape – whether substantial and compelling circumstances justify deviation; Sentencing discretion – balancing personal circumstances and seriousness of the offence; Aggravating factors – strangulation, absence from scene, lack of remorse.
|
2 June 2025 |
|
Coerced submission under threat is not consent; conviction for rape without victim's consent affirmed.
Criminal Law – Rape – Consent – Coercion nullifying consent – Evaluation of evidence for conviction beyond reasonable doubt.
|
2 June 2025 |
|
Whether the State proved beyond reasonable doubt that the appellant committed rape by sexual intercourse without the complainant's consent.
Criminal law – Sexual offences – Rape: State must prove unlawful and intentional sexual penetration without consent beyond reasonable doubt. Evidence – Assessment in totality; cautionary rule in sexual cases not to be applied mechanically. Corroboration – Medical and eyewitness evidence of assault can corroborate complainant's account of coercion and absence of consent. Credibility – Accused's improbable explanation may be rejected if inconsistent with objective and corroborative evidence.
|
2 June 2025 |
|
Whether respondent’s contradictory conduct and unexplained reversal justified an attorney-and-client costs order against it.
Administrative law; judicial review—requirement of record of decision for review proceedings; costs—general rule that costs follow the result but subject to exceptions; attorney-and-client costs for misleading or contradictory conduct by a public body; effect of counsel’s representations/undertakings on litigation; access to courts (s 34).
|
2 June 2025 |
|
Appeal dismissed for bail refusal under s60(11)(c) of CPA due to insufficient new facts and domestic violence context.
Criminal law – Bail application – New facts – Interests of justice in domestic violence cases.
|
2 June 2025 |