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Citation
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Judgment date
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| August 2025 |
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Murder convictions set aside due to non-compliance with assessor appointment requirements under section 93ter(1) of the Magistrates’ Courts Act.
Criminal procedure – Section 93ter(1) of Magistrates’ Courts Act – mandatory compliance – assessors in murder trials – whether accused adequately informed of rights – improperly constituted court – fatal irregularity – convictions and sentences set aside.
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29 August 2025 |
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Settlement agreements may not be rescinded for unilateral mistakes discoverable before signature unless a justus error is proven.
Civil procedure – Settlement agreement – Rescission of compromise – Requirements for setting aside – Justus error – Finality – Costs on attorney and client scale.
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29 August 2025 |
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The court awarded substantial general and special damages for an unlawful police assault causing permanent scarring and psychiatric injury.
Police misconduct – Unlawful assault by police – Damages – General and special damages for physical and psychological injuries – Constitutional rights – Assessment of quantum – State liability for gratuitous violence by state officials – Deterrent and vindicatory function of damages awards.
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29 August 2025 |
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Failure to personally canvass the accused's waiver of assessors in a murder trial constituted a fatal irregularity, vitiating proceedings.
Criminal procedure – Assessors – Section 93 ter (1) of the Magistrates' Court Act 32 of 1944 – Requirement for appointment or explicit waiver by accused in murder trials – Failure to confirm waiver personally with accused vitiates proceedings – Fair trial rights – Irregularity leads to setting aside of conviction and sentence.
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29 August 2025 |
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School authorities are liable for psychiatric damages suffered by a learner’s family after negligent failure to supervise at a school event.
Delict – Negligence – Duty of care owed by educators and school authorities to safeguard learners, including at off-premises events – Liability for failure to supervise leading to learner’s death – Claims by family members for medically-recognised psychiatric harm – Actionable injury beyond ordinary grief – Quantum and costs.
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29 August 2025 |
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Unlawful arrest and detention without warrant by police held to violate constitutional rights; damages awarded for arbitrary deprivation of liberty.
Unlawful arrest and detention – Civil liability of police – Arrest without warrant – Onus on arresting officer to prove lawfulness – Damages for violation of constitutional rights and personal dignity – Damages assessment for period and conditions of detention.
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29 August 2025 |
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Conviction set aside where state's case rested on unreliable single-witness identification and material contradictions in evidence.
Criminal procedure – Evidence of single witness – Identification – Cautionary rules – Contradictions – Appeal – Conviction set aside for unreliable identification and material contradictions in state evidence.
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28 August 2025 |
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Conviction and sentence set aside due to irregular charge sheet amendment and failure to ensure a fair trial for the accused.
Criminal procedure – Amendment of charge sheet – Right to fair trial – Section 86 of Criminal Procedure Act – Duty to inform accused and avoid prejudice – Insufficient prima facie evidence – Review and setting aside of proceedings.
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28 August 2025 |
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A criminal conviction was set aside due to a magistrate's prior knowledge of the accused's record undermining impartiality and trial fairness.
Criminal procedure – fair trial – impartiality of presiding officer – judicial officer's prior knowledge of previous convictions and pending cases – perception of bias – proceedings nullity.
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28 August 2025 |
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Condonation for late leave to appeal was granted but leave to appeal against sentence was refused for lack of prospects.
Criminal procedure – Leave to appeal – condonation for late noting – minimum sentences – whether personal circumstances constitute substantial and compelling circumstances – interests of justice – appeal prospects and compelling reasons for leave to appeal.
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27 August 2025 |
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The appeal against conviction and life sentences for rape of minors was dismissed, affirming the trial court’s decisions in full.
Criminal law – Rape – Minors – Conviction based on credibility findings and corroborated medical evidence – Sentencing – Prescribed minimum sentence – Substantial and compelling circumstances – Appeal dismissed – Concurrent sentences in cases of life imprisonment.
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25 August 2025 |
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Court reduces sentence after finding trial court failed to apply concurrency or consider pre-trial custody and personal circumstances.
Criminal procedure – sentencing – cumulative effect – concurrent sentences – section 280 of the Criminal Procedure Act – consideration of time spent in custody – personal circumstances of accused.
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25 August 2025 |
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Court confirms conviction where child witness properly admonished and found competent under section 164 of the CPA.
Criminal law – rape – child witness – admissibility of evidence under section 164 CPA – competency enquiry – sufficiency of evidence – requirements for admonishing a child witness – standard for setting aside conviction on appeal.
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25 August 2025 |
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Where a criminal record cannot be reconstructed and the appeal cannot be properly considered, conviction and sentence must be set aside.
Criminal procedure – right to fair trial – right to appeal – inadequacy of trial record – duty to reconstruct record – consequences of irreparable gaps in court record – setting aside of conviction and sentence where record cannot be reconstructed.
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22 August 2025 |
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An appeal against a life sentence for rape was dismissed after finding no substantial and compelling reasons to deviate from the statutory minimum.
Criminal law – sentencing – rape of elderly vulnerable person – minimum sentences – whether substantial and compelling circumstances exist – adherence to prescribed sentence – appeal on sentence dismissed.
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21 August 2025 |
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Appellate court upholds 15-year minimum sentence for tampering with essential infrastructure, finding no compelling reason to interfere.
Criminal law – sentence – minimum sentence – tampering with essential infrastructure – Criminal Matters Amendment Act 18 of 2015 – Criminal Law Amendment Act 105 of 1997 – whether substantial and compelling circumstances exist for deviation – appellate interference with sentence.
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21 August 2025 |
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An appeal against a life sentence for murder was dismissed due to lack of substantial and compelling circumstances justifying reduction.
Criminal law – Sentencing – Appeal against sentence – Murder – Life imprisonment – Requirement for substantial and compelling circumstances to justify deviation from prescribed sentence – Limited appellate interference with trial court’s discretion.
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21 August 2025 |
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Resolution dissolving a municipal committee at an ordinary meeting without adequate notice or proper motion declared unlawful and set aside.
Local government – Municipal council meetings – Validity of council resolutions – Procedure for introducing motions – Rules of Order – Distinction between ordinary and special council meetings – Requirement for prior notice and written, seconded motions – Irregularity of introducing substantive addenda at ordinary meetings – Review and setting aside of unlawful dissolution of committee.
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20 August 2025 |
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Damages for unlawful arrest and inhumane detention conditions awarded, with interest and costs, highlighting constitutional rights to dignity.
Delict – Unlawful arrest and detention – Damages – Constitutional rights – Conditions of police detention – Assessment of quantum – Interest on unliquidated debt – Costs scale in human rights litigation.
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18 August 2025 |
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The court dismissed an application for leave to appeal against refusal of bail, finding no reasonable prospect of success.
Criminal Procedure – Bail – Application for leave to appeal – Reasonable prospects of success – Test for leave to appeal under section 17 of the Superior Courts Act – Grounds for leave to appeal insufficient where only a mere possibility of success is demonstrated.
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15 August 2025 |
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Application for rectification and enforcement of municipal land agreement dismissed for lack of locus standi by the applicants.
Land development – Locus standi – Rectification and enforcement of land development agreement – Whether applicants had standing to seek such relief – Non-compliance with statutory procedures for municipal land disposal – Threshold procedural defects fatal to application.
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15 August 2025 |
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A loan agreement was held void as the applicant was not a registered credit provider under the National Credit Act.
Credit law – National Credit Act – Acknowledgement of debt as credit agreement – Requirement for credit provider registration – Voidness for non-registration – Pre-enforcement procedures.
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13 August 2025 |
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Damages awarded for unlawful police assault causing permanent disfigurement, including quantum for general damages and future medical costs.
Damages – Unlawful assault by police – Quantum of damages for permanent disfigurement – Assessment of general damages and future medical expenses – Costs scale where magistrates court jurisdiction would suffice.
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13 August 2025 |
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Conviction for stock theft set aside due to failure to admit all essential elements; matter remitted for proper plea procedure.
Criminal procedure—Plea of guilty—Section 112(1)(b) of Criminal Procedure Act—Essential elements—Failure to admit ownership or lawful possession—Remittal under s 312 for compliance with s 113—Stock Theft—Review—Automatic review—Magistrate’s procedural irregularity.
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13 August 2025 |
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Interim interdict granted suspending implementation of a contested tender award pending review, due to procedural and fairness concerns.
Administrative law – tenders – urgent interdict – requirements for interim interdict – review of tender award – prima facie right – irreparable harm – balance of convenience – separation of powers – authority to institute proceedings – delay – condonation.
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13 August 2025 |
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The court dismissed an urgent application for declaratory relief where no real legal uncertainty existed regarding compliance with court orders.
Civil procedure – Declaratory relief – Requirements – Absence of legal uncertainty – Appropriateness of judicial guidance on compliance with multiple court orders – Courts not tasked with providing legal advice or addressing hypothetical disputes.
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11 August 2025 |
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Application for leave to appeal dismissed due to lack of reasonable prospects of success against an order setting aside an ex parte application.
Civil procedure – ex parte orders – urgent reconsideration – locus standi of office-bearers – motion proceedings – supplementation of case in reply – application for leave to appeal – prospects of success under Superior Courts Act section 17.
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11 August 2025 |
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A court struck a municipal dispute application from the roll for lack of urgency, reiterating strict requirements for urgent relief.
Civil procedure – Urgent applications – Rule 6(12) – Requirements for urgency – Failure to explicitly demonstrate urgency and why substantial redress not obtainable at a hearing in due course – Application struck from roll for lack of urgency.
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11 August 2025 |
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Appeal against an 18-year sentence for rape dismissed as trial court's deviation from minimum sentence was appropriate.
Criminal Law - Rape - Sentencing - Deviation from prescribed minimum sentence due to substantial and compelling circumstances - Appeal against 18-year sentence dismissed.
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8 August 2025 |
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Conviction for murder upheld; appeal dismissed due to proper witness credibility evaluation and evidence assessment.
Criminal Law – Murder conviction – evaluation of witness credibility and contradictory statements – Appeal dismissed
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7 August 2025 |
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The court upheld a life sentence for rape, finding no substantial and compelling circumstances to deviate from it.
Criminal Law - Sentencing - Life imprisonment - Appropriateness for rape - Substantial and compelling circumstances - Consideration of personal circumstances and genuine remorse.
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7 August 2025 |
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An improper enquiry under Section 164 CPA rendered the complainant’s evidence inadmissible, resulting in acquittal for insufficient proof.
Criminal law – admissibility of evidence – child witness – requirements under Section 164 of Criminal Procedure Act – improper admonition – effect on reliability and admissibility of evidence – standard of proof beyond reasonable doubt – setting aside conviction due to inadmissible evidence.
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7 August 2025 |
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Court grants summary judgment as defendants fail to present substantive defense regarding rental arrears.
Civil procedure – summary judgment – lease agreements – arbitration clauses – bona fide defense requirement
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5 August 2025 |
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Court grants amendment of summons to correct misnomer and orders applicant to pay respondent's costs.
Civil procedure – amendment of pleadings – correction of misnomer – substitution of parties not prejudicing opposition – appropriate costs order.
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5 August 2025 |
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Condonation for late filing of appeal dismissed while Section 18 execution pending appeal granted due to irreparable harm.
Condonation – Late filing of appeal – Insufficient explanation and prospects of success – Not granted. Execution pending appeal – Section 18(3) of Superior Courts Act – Exceptional circumstances demonstrated.
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1 August 2025 |
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Eviction of unlawful occupiers from municipal road reserve upheld in absence of valid defence or entitlement to remain.
Eviction – Unlawful occupation of municipal road reserve – Land use and building regulation compliance – Defence of alternative accommodation – Lis alibi pendens abandoned – Public interest and safety.
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1 August 2025 |
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Applicant failed to establish grounds for lease cancellation and eviction due to insufficient pleading of breaches.
Contract law – Lease agreements – Cancellation and eviction – Necessity of detailed pleading of breaches and procedural compliance – New matters in reply not permissible.
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1 August 2025 |