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Citation
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Judgment date
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| 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 |
| July 2025 |
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An appeal court overturned a refusal of bail where the magistrate wrongly relied on untested community outrage and applied judicial notice improperly.
Criminal procedure – Bail appeal – Refusal of bail – Proper approach to evidence and judicial notice – Community outrage and public order – Conditions for bail – Judicial misdirection – Grant of bail on appeal.
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30 July 2025 |
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Court finds arrest for assault GBH unlawful as it is not included under Schedule 1 of the CPA.
Criminal Procedure - arrest - without warrant - legality - Assault GBH not under Schedule 1 - unlawful arrest - compensation for unlawful detention.
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25 July 2025 |
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The court held the defendant liable for negligence that resulted in the minor's birth injuries leading to cerebral palsy.
Medical negligence – Intrapartum care – Determining liability for birth-related injuries – Standard of care in monitoring and interventions during childbirth.
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25 July 2025 |
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Court awards damages for a minor's injuries in a motor accident, mandates a trust for compensation management.
Road Accident Law – Damages claim against Road Accident Fund – Prescription of claims – Contingency deductions – Establishment of trust for compensation management.
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25 July 2025 |
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The court confirmed a 25-year sentence for murder, rejecting claims of disproportionality and granting appeal condonation.
Criminal law – Appeal against sentence – Murder conviction – Consideration of condonation for late appeal – Appropriateness of 25-year sentence.
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25 July 2025 |
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The court retained jurisdiction despite an arbitration clause, ruling against delaying proceedings given prior consent to court resolution.
Contract law – arbitration clause – court jurisdiction – discretion in enforcing arbitration – estoppel from invoking arbitration clause after consenting to court proceedings.
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25 July 2025 |
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Court dismissed application for leave to appeal due to lack of reasonable prospects of success in higher court.
Appeal – Leave to appeal – Superior Court Act s 17(1)(a) – Rule 13 of Uniform Rules applicability to motion proceedings – Reasonable prospects of success on appeal.
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25 July 2025 |
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Court dismissed application to review a lapsed tender process due to lack of internal remedy exhaustion.
Administrative Law - Tender validity - Failure to award within validity period - Exhaustion of internal remedies - Just and equitable relief.
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23 July 2025 |
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Failure to decide on a tender within validity period renders the case moot, barring judicial review under PAJA.
Administrative Law – Judicial review – Delayed tender decision – Exhaustion of internal remedies under PAJA – Mootness in lapsed tender process.
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23 July 2025 |
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Customary law principles upheld respondents' occupancy rights; Tribal Court lacks eviction jurisdiction.
Customary Law – Tribal authority and eviction orders – Jurisdiction and the PIE Act – Customary rights to occupy tribal land.
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23 July 2025 |
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Tribal courts cannot order evictions; respondents lawfully occupy the house under customary law.
* Constitutional and statutory jurisdiction – PIE Act – Tribal Courts lack jurisdiction to grant eviction orders affecting land; eviction requires magistrate's court or High Court.
* Customary law – right to occupy – determination by community practice and family meeting; principle of separate houses for successive marriages applied.
* Customary law and Constitution – courts must interpret and develop customary law consistent with constitutional rights and anti-discrimination.
* Succession – Intestate Succession Act inapplicable where deceased left a will bequeathing estate to a trust.
* Procedure – late service of notice of set down did not preclude hearing where Judge President exercised discretion.
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23 July 2025 |
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Police held liable for unlawful arrest and detention of plaintiff without warrant, violating constitutional protections.
Unlawful arrest and detention – Police procedure – Detention without warrant – Constitutionality under South African law – Compensation for unjust arrest.
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22 July 2025 |
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Application for leave to appeal against quantum of awarded damages was dismissed, affirming judicial discretion in damage assessments.
Civil law – quantum of damages – calculation of general damages for unlawful arrest and detention – considerations for judicial discretion and precedents in damage awards.
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22 July 2025 |
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Healthcare staff held liable for failing to timely diagnose Baby A's jaundice, leading to brain damage.
Medical negligence – failure to timely diagnose and treat jaundice in a newborn – liability for resultant brain damage due to substandard healthcare practices.
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18 July 2025 |
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Moot urgent interdict of irregular council meeting: councillors had standing; respondent ordered to pay costs on Scale B.
Local government — Procedural irregularity — Special council meeting called without 48 hours’ notice — Mootness of substantive relief does not preclude adverse costs; councillors’ standing — Elected councillors may institute proceedings without council resolution to protect governance duties (Structures Act, Schedule 7); costs — respondent’s failure to engage pre-litigation letters and failure to inform court justified punitive costs on Scale B.
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16 July 2025 |
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Court upheld payment order for certified emergency services against municipality's claim of procurement irregularities.
Local government law – emergency procurement – validation of disputed debt acknowledgment in municipal contracts.
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15 July 2025 |
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Court assesses eviction's legality under the PIE Act, exploring traditional custodianship and procedural injustices.
Land Eviction – Prevention of Illegal Eviction and Unlawful Occupation of Land Act – Traditional leadership – Locus standi in eviction proceedings.
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15 July 2025 |
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The court permits an appeal concerning the property's valuation and upholds the cost order awarded in the initial litigation.
Property Law – Sale of land – whether present property valuation was necessary for remedy – judicial discretion in equitable remedies.
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15 July 2025 |
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The exception against vague and embarrassing particulars of claim was upheld, necessitating amendment of the pleadings.
Pleadings - Exception to particulars of claim - Vague and embarrassing claims in delictual damages - Insufficient particularity under Rule 18(10).
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14 July 2025 |
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Police liable for unlawful arrest and detention, awarding damages due to rights infringements and poor detention conditions.
Constitutional law – Arrest without warrant – Lawfulness – Detention conditions – Damages for unlawful arrest and detention – Physical disability considerations.
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9 July 2025 |
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Court confirms spoliation order against municipality to restore terminated electricity supply due to unlawful self-help.
Urgent applications – spoliation – termination of electricity supply – spoliation order granted to restore supply – unlawful self-help by municipality.
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9 July 2025 |
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The application for a final interdict was dismissed due to non-joinder of necessary party and unmet interdict requirements.
Civil Procedure – Interim interdict – Requirements for final interdict – Locus standi – Non-joinder – Tribal Authority's interest in proceedings.
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4 July 2025 |
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Appeal dismissed; eight years' imprisonment for theft upheld due to appellant's recidivism and offence's premeditation.
Criminal Law - Sentencing - Appeal against sentence - Theft from a motor vehicle - Whether sentence imposed is disproportionate and shockingly inappropriate - Consideration of personal circumstances and extensive criminal history.
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3 July 2025 |
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Court dismisses application to uplift procedural bar due to insufficient explanation and lack of bona fide defense.
Civil Procedure – Upliftment of bar under Rule 26 – Requirements for good cause – Explanation for delay and bona fide defense necessary.
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3 July 2025 |
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Court holds police liable for damages when Plaintiff loses eye due to rubber bullet during civil unrest.
Tort law - Police liability - Compensation for injury from law enforcement actions - Quantum of damages for personal injury.
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2 July 2025 |
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The court dismissed the appeal, affirming prescription, lack of locus standi, non-joinder, and no cause of action.
Civil procedure – Prescription – Locus standi – Non-joinder – No cause of action – Vehicle storage fees claim.
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1 July 2025 |
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Court held claim for storage fees prescribed, lacking proper party involvement, with no cause of action established.
Prescription of debt; locus standi; non-joinder in litigation; no cause of action for storage fees.
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1 July 2025 |
| June 2025 |
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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 |
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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.
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30 June 2025 |
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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.
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30 June 2025 |
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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.
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30 June 2025 |
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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.
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26 June 2025 |
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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.
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25 June 2025 |
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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.
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24 June 2025 |
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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.
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24 June 2025 |
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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.
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23 June 2025 |
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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.
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23 June 2025 |
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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
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23 June 2025 |
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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
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20 June 2025 |