|
Citation
|
Judgment date
|
| October 2025 |
|
|
Categorisation letters created enforceable subsidy entitlements; department must pay 2025 amounts and top up any reduced payments.
Education law – Subsidies to independent schools – Subsidy Categorisation Letters as unilateral administrative undertakings – enforceability once payment date falls due; NNSSF s195 payment timelines; impermissibility of retroactive reduction of amounts due; interim relief and procedural orders to expedite review.
|
29 October 2025 |
|
Applicant granted urgent interim interdict restraining respondent from mining pending resolution of related business rescue challenge.
Interim interdict – urgency and condonation – requirements of prima facie right, irreparable harm, balance of convenience – business rescue practitioner’s locus to appoint and enforce mining contractor pending challenge – effect of unfulfilled suspensive conditions in competing contractor agreement.
|
28 October 2025 |
|
|
27 October 2025 |
|
Appellant proved exceptional circumstances under Schedule 6; appellate court granted bail with strict conditions.
Criminal procedure — Bail — Schedule 6 offences — exceptional circumstances under s 60(11)(a) — onus on accused to prove exceptional circumstances on balance of probabilities; Consideration of s 60(4) factors (danger to public, flight risk, witness interference, undermining justice, public order); Relevance and weight of accused’s conduct while previously on bail; Investigating officer’s uncorroborated opinion lacks probative value; Necessity to consider suitable conditions as alternative to incarceration; Appellate interference under s 65(4) where lower court materially misdirects or overlooks important aspects.
|
27 October 2025 |
|
An interim interdict was granted to halt disciplinary hearings where the municipal manager’s reinstatement was legally contested and sub judice.
Administrative law – appointment/reinstatement of municipal manager – compliance with section 54A of the Local Government: Municipal Systems Act and related regulations – legality of acts by functionary whose appointment is sub judice. Interim interdict – requirements (Setlogelo) – prima facie right, irreparable harm, absence of adequate alternative, balance of convenience. Urgent procedure – Rule 6(12) – self‑created urgency and reasonable expedition. Labour/disciplinary law – when courts may interdict internal disciplinary proceedings pending judicial determination of appointing authority’s legality. Evidentiary/formalities – initialling of annexures is technical, not jurisdictional.
|
26 October 2025 |
|
Voluntary surrender dismissed for lack of full disclosure, insufficient proof of advantage to creditors and failure to explore NCA remedies.
Insolvency — Voluntary surrender — s 6 Insolvency Act — requirements: insolvency, sufficient realizable property to defray sequestration costs, advantage to creditors, s 4 formalities — ex parte applications require uberrima fides (full and frank disclosure); National Credit Act remedies (s 129, debt review, s 85 referrals, s 86 reckless credit investigations, s 87 relief) may be alternative remedies to sequestration; appellate interference with discretionary exercise limited where discretion exercised judicially.
|
23 October 2025 |
|
Warrantless search and seizure found unlawful; spoliatory relief granted and seized items ordered restored.
Criminal Procedure Act s22 — lawfulness of warrantless search and seizure; consent to search; mandament van spolie (spoliatory relief) — requirements and urgency; non-joinder — SARS not a necessary party; credibility of affidavit evidence and material contradictions.
|
22 October 2025 |
|
Second urgent application to dissolve trust struck from the roll for lack of urgency; lis pendens applied.
Urgency — requirements to plead facts rendering matter urgent; concession by Master insufficient to create urgency; lis pendens — pending earlier application between same parties for same relief; discretion as to costs.
|
22 October 2025 |
|
Appeal upheld: speculative risks and public outrage insufficient to deny bail; strict conditions ordered.
Bail appeal – Schedule 5 offences – s60(11)(b) burden – misdirection by magistrate – speculative intelligence and public outrage insufficient to justify detention – presumption of innocence – availability of restrictive bail conditions to address State concerns.
|
21 October 2025 |
|
Appointment based on misrepresented competency assessments invalid; council must re-advertise and run a lawful recruitment.
Local government — Appointment of municipal manager — Competency assessments and 2014 Regulations — Authenticity of assessment reports — Illegality and irrationality where Council acts on misrepresented reports — Remedy: remittal and re-advertisement; substitution declined — Joinder of interested shortlisted candidate proper — Costs against municipality.
|
17 October 2025 |
|
Removal of MPAC chair and special meeting set aside for failure to follow standing orders and lack of authority.
Municipal law – committee chair removal – compliance with Council Standing Orders (rules 29, 30 and notice provisions) – authority to represent municipality and depose to affidavits – delegation framework vests litigation authority in municipal manager/executive mayor – validity of special meeting convening and condonation for non-compliance.
|
16 October 2025 |
|
Appeal lapsed for failure to comply with Rule 49; condonation and reinstatement refused; punitive costs ordered.
Procedure – Appeal lapsed – Uniform Rule 49(6)(a) – failure to apply for hearing date within 60 days – condonation and reinstatement refused where non‑compliance is flagrant and explanations inadequate; State litigation policy – duties of State Attorney and client departments; costs – punitive attorney‑and‑client and Scale C orders.
|
16 October 2025 |
|
Use of a faulty IV drip alone did not prove negligence or causation; appeal dismissed with costs.
Medical negligence – defective medical device (intravenous drip) – res ipsa loquitur – onus to prove negligence and causation – admissibility of hearsay statements of treating clinicians – appellate interference limited absent misdirection.
|
15 October 2025 |
|
No substantial and compelling circumstances justified departing from the mandatory life sentence for rape of a child.
Criminal law – Rape of a child – Mandatory life sentence under s 51 CLAA – Substantial and compelling circumstances – Sentencing discretion – Breach of trust – DNA corroboration – Appellate interference only for misdirection or disturbingly inappropriate sentence.
|
15 October 2025 |
|
The appellant's appeal dismissed: evidence supported premeditated murder and mandatory life sentence was appropriate.
Criminal law – murder – premeditation; section 51(1) CLAA (mandatory life) – subjective inquiry into state of mind; appellate review of trial court findings; sentencing discretion and substantial and compelling circumstances.
|
6 October 2025 |
| September 2025 |
|
|
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.
|
26 September 2025 |
|
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.
|
25 September 2025 |
|
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.
|
25 September 2025 |
|
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.
|
25 September 2025 |
|
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.
|
25 September 2025 |
|
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
|
25 September 2025 |
|
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.
|
18 September 2025 |
|
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.
|
16 September 2025 |
|
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.
|
16 September 2025 |
|
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.
|
15 September 2025 |
|
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.
|
12 September 2025 |
|
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.
|
12 September 2025 |
|
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.
|
11 September 2025 |
|
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.
|
11 September 2025 |
|
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.
|
11 September 2025 |
|
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.
|
10 September 2025 |
|
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.
|
5 September 2025 |
|
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.
|
4 September 2025 |
|
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.
|
2 September 2025 |
|
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.
|
2 September 2025 |
|
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.
|
1 September 2025 |
| August 2025 |
|
|
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.
|
29 August 2025 |
|
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.
|
29 August 2025 |
|
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.
|
29 August 2025 |
|
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.
|
29 August 2025 |
|
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.
|
29 August 2025 |
|
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.
|
29 August 2025 |
|
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.
|
28 August 2025 |
|
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.
|
28 August 2025 |
|
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.
|
28 August 2025 |
|
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.
|
27 August 2025 |
|
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.
|
25 August 2025 |
|
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.
|
25 August 2025 |
|
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.
|
25 August 2025 |
|
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.
|
22 August 2025 |