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Citation
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Judgment date
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| September 2025 |
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Commuter hardship constituted exceptional circumstances and irreparable harm under s18, so appeal dismissing suspension was upheld.
• Superior Courts Act s18(3) — exceptional circumstances; irreparable harm to applicant; absence of irreparable harm to respondent — conjunctive test, not balance of convenience. • Interim interdicts and s18 procedure — interlocutory orders not automatically stayed; requirement to record reasons immediately under s18(4)(a)(i). • Remedies — financial loss compensable by damages does not ordinarily constitute irreparable harm. • Procedural conduct — delay in prosecuting appeals and delayed reasons criticised but not necessarily fatal to s18 relief.
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26 September 2025 |
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Applicant failed to show procedural error or good cause to rescind default judgment; s129 inapplicable due to debt review.
Default judgment — rescission — rule 42(1)(a) and common law — requirements for rescission: reasonable explanation, bona fide and bona fide defence with prospects; Service — domicilium and rule 4; National Credit Act s129 — pre‑litigation notice requirement and inapplicability where debt‑restructuring/debt review applies (s129(2)); Debt review and s86(10) — termination and effect on enforcement; Evidence — documentary proof of service, email and SMS notifications.
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25 September 2025 |
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Failure to annex integral contract annexures renders particulars vague; signature by non‑nominated representative not fatal on exception.
Civil procedure – Exception – Particulars of claim alleged to be vague and embarrassing for failure to annex integral annexures to a written contract – Rule 18(6) – documents integral to basis and calculation of claim must be annexed. Contract law – Written contract containing annexures specifying scope and prices – omission to annex may render pleading excipiable. Contract formation/authority – Agreement signed by a person other than the contractually nominated representative – whether binding requires interpretation and factual inquiry not suitable for determination on exception. Pleadings – Benevolent construction required; minor defects may be cured by amendment.
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25 September 2025 |
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Court granted upliftment of the bar despite delay, noting respondent's failure to give statutory notice may be a trial defence.
Civil procedure – upliftment of bar and condonation for late filing; bona fide defence and relevance of pleadings; Institution of Legal Proceedings Against Organs of State Act 40 of 2002 s3 – mandatory notice requirement; prejudice and interests of justice; costs – no order where both parties at fault.
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25 September 2025 |
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Interim interdict granted to halt estate distribution pending resolution of a contested will alleged to be forged.
Succession law – interim interdict to restrain distribution of estate pending challenge to will; Executor duties – must not distribute where will validity is contested; Forgery – prima facie handwriting discrepancies may vitiate a will; Non-joinder and delay – curable defects where estate integrity requires protection; Costs – urgency costs and wasted costs ordered.
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25 September 2025 |
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Applicant established exceptional circumstances under s 18(3) warranting enforcement of a judgment pending applications for leave to appeal.
Superior Courts Act s 18(3) – execution pending appeal – exceptional circumstances required; irreparable harm test Urgency – semi-urgent relief for enforcement pending appeal Contractual liability – third-party indemnity does not bar enforcement of adjudicated debt Balance of prejudice – applicant's immediate financial distress v respondent's mere financial inconvenience
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25 September 2025 |
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Applicant convicted of serious Schedule 6 offences failed to show exceptional circumstances for bail pending appeal.
Criminal procedure — Bail pending appeal under Schedule 6 — requirement to establish "exceptional circumstances"; State’s non-opposition not binding; grant of leave to appeal not determinative of reasonable prospects of success; balancing seriousness of offence, flight risk, delay and personal ties.
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18 September 2025 |
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Non‑compliance with s309(2)/s309B and Rule 67 (uncertified record, no magistrate’s statement, altered grounds) led to appeal struck from roll.
Criminal procedure – Appeals from magistrates' courts – s309(2) and s309B CPA and Rule 67 Magistrates' Court Rules – mandatory compliance with Rule 67(5),(6),(7) for preparation, certification and transmission of record; magistrate's duty to furnish written reasons; notice of appeal confined to grounds in leave application; High Court has no power to grant condonation for late noting of appeal.
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16 September 2025 |
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Peremptory compliance with s309(2) and Rule 67 is required; non-compliance renders an appeal improperly before the High Court.
Criminal procedure — Appeals from magistrates' court — s309(2) Criminal Procedure Act — s309C petition for leave to appeal — Rule 67 Magistrates' Court Rules — peremptory compliance with Rules 67(5)–(7) — transmission of record — High Court not empowered to condone late noting — non-compliance renders appeal improperly before High Court.
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16 September 2025 |
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Unlawful police assault caused PTSD and hearing loss; court awarded R80,000 general and R454,385 future medical expenses.
Delict — wrongful assault by police — causation of PTSD and sensorineural hearing loss — assessment of general damages and acceptance of unopposed expert and actuarial evidence for future medical expenses.
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15 September 2025 |
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Municipality’s exception to particulars of claim for overcharging dismissed; statutory defences must be raised by special plea, not exception.
Civil procedure – Exception – Cause of action – Municipal tariffs – Whether particulars of claim disclosing cause of action where overcharging and unjust enrichment are pleaded – Exhaustion of internal remedies under the Systems Act – When to raise statutory defences by exception or by special plea.
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12 September 2025 |
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Referral to oral evidence required to determine whether an alleged customary marriage and executorship are valid.
Customary marriage — validity of alleged marriage; motion proceedings vs disputes of fact — real, genuine and bona fide dispute; Rule 6(5)(g) — referral to oral evidence; locus standi of heirs to challenge executorship and marital status; review of Master’s appointment.
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12 September 2025 |
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Appellant’s appeal improperly noted and condonation wrongly sought in High Court; appeal struck from the roll.
Criminal procedure – Noting of appeal – validity – notice of appeal must be filed in Regional Court and bear Assistant Registrar's stamp. Criminal procedure – s 309(2) Criminal Procedure Act – condonation for late noting must be sought from magistrate of lower court; High Court not competent as court of first instance. Magistrates' Court Rules – Rule 67 – time periods and grounds of appeal – purpose to enable magistrate and State to respond. Appellate practice – compliance with Practice Directives and filing of practice note; consequences of non-compliance. Professional duty – failures by legal representative may justify striking an appeal from the roll.
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11 September 2025 |
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Failure to comply with strict procedural requirements under Rule 67(5A) for life imprisonment appeals results in lapsing of the appeal.
Criminal procedure – appeal – life imprisonment – automatic right of appeal – effect of Rule 67(5A) Magistrate’s Court Rules – requirement to note appeal within 10 days and to re-enrol within 10 days if struck off or removed – non-compliance results in lapsing of appeal – procedural requirements peremptory – absence of application for reinstatement precludes hearing of appeal.
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11 September 2025 |
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Urgent interdict refused because the applicant created its own urgency by participating in the challenged procurement.
Urgency – self-created urgency – participation in challenged procurement disentitles party to urgent relief; Interim interdict – requirements (urgency, prima facie right, irreparable harm, balance of convenience); Administrative law – PAJA/PAIA as alternative remedies; Procurement law – court reluctant to interfere with executive procurement absent exceptional circumstances.
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11 September 2025 |
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Damages for unlawful arrest and inhumane detention conditions awarded, reflecting infringements of liberty, dignity, and constitutional rights.
Delict – Unlawful arrest and detention – Quantum of damages – Factors considered include duration, conditions of detention, aggravating circumstances, and violation of constitutional rights – Assessment of damages not mechanical; comparative awards are guidelines only.
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10 September 2025 |
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An appeal against conviction and a life sentence for murder was dismissed as the trial complied with legal requirements and no misdirection occurred.
Criminal law – murder – compliance with section 93 ter (1) of the Magistrate’s Court Act – election to proceed without assessors – essential elements of murder – significance of deceased’s age – sentencing – substantial and compelling circumstances – appellate intervention in sentence.
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5 September 2025 |
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Arrest lawful where contemporaneous witness identification created an objectively reasonable suspicion under s 40(1)(b).
Criminal procedure – Warrantless arrest under s 40(1)(b) – reasonable suspicion requirement – objective test. Identification evidence – contemporaneous witness statement and pointing-out as basis for reasonable suspicion. Prior arrest of another suspect does not necessarily negate reasonable suspicion of additional suspects. Costs – general costs to successful party; wasted costs for postponements ordered against party responsible.
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4 September 2025 |
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The court upheld the lawfulness of arrest and detention based on reasonable suspicion under section 40(1)(b) of the Criminal Procedure Act.
Unlawful arrest and detention – lawfulness under section 40(1)(b) of the Criminal Procedure Act – reasonable suspicion – justification – onus of proof – constitutional rights – evaluation of witness credibility.
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2 September 2025 |
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A default judgment against a municipality was rescinded due to improper service and good prospects of defence following review of appointment.
Civil procedure – rescission of default judgment – service of process on local authority – requirements of Uniform Rules of Court and Local Government: Municipal Systems Act – condonation for late filing – points in limine on authority must be raised under Rule 7(1) – locus standi – prospects of success on merits in light of related review judgment.
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2 September 2025 |
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An appeal against conviction and life sentence for rape dismissed where the trial was fair and evidence was corroborated.
Criminal law – rape – conviction on basis of credible and corroborated evidence – appeal against conviction and sentence – evaluation of contradictions and fair trial rights – minimum sentencing – prior conviction – whether substantial and compelling circumstances exist to deviate from prescribed sentence.
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1 September 2025 |