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Citation
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Judgment date
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| 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 |
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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.
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18 June 2025 |
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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.
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17 June 2025 |
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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).
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17 June 2025 |
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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.
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12 June 2025 |
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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.
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12 June 2025 |
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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).
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11 June 2025 |
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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.
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10 June 2025 |
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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.
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10 June 2025 |
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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.
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6 June 2025 |
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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.
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6 June 2025 |
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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.
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6 June 2025 |
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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.
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5 June 2025 |
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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.
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4 June 2025 |
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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.
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2 June 2025 |
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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.
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2 June 2025 |
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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.
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2 June 2025 |
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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).
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2 June 2025 |
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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.
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2 June 2025 |
| May 2025 |
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Appellate court set aside an improperly imposed 20-year robbery sentence and substituted the 15-year prescribed minimum.
Criminal law – sentence review – robbery with aggravating circumstances – discretionary minimum sentences (s51(2) CLAA) – appellate interference where sentencing court misdirected or exercised discretion improperly; bias/emotion in sentencing; Bogaards v S; Zinn triad considerations.
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29 May 2025 |
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Non-compliance with s93ter(1)’s assessor explanation renders a regional murder trial improperly constituted; conviction and sentence set aside.
Criminal procedure – Magistrates’ Court Act s93ter(1) – requirement to inform accused that regional murder trials must be assisted by two assessors unless accused requests otherwise – peremptory. Proper constitution of court – failure to comply with s93ter(1) renders regional court not properly constituted; convictions and sentences to be set aside. Change of plea and amendment invoking prescribed minimum sentence – court should confirm assessors position when plea/charges change. Minimum sentence and competent verdicts – requirements to be explained to accused.
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29 May 2025 |
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Urgent eviction under PIE s5 fails where an alternative remedy under s4 exists despite danger and comparative hardship.
PIE Act s5 — urgent eviction: court must be satisfied of (a) real and imminent danger, (b) comparative hardship favouring eviction, and (c) no other effective remedy; s5 is alternative to s4; failure to meet all three requirements warrants striking for want of urgency.
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27 May 2025 |
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Appeal struck for failure to prosecute and for non‑compliance with rules on timelines, security for costs and lodging the record.
Procedure — Appeal — Non-prosecution; Failure to comply with rules on noting, lodging record and security for costs (rules 50, 51 MCR); Rule 30 procedural route for alleged irregular steps; Condonation and dispensing with security required if non-compliance to be excused.
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27 May 2025 |
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Condonation granted; conviction and life sentence for rape of a minor upheld despite omission to reference minimum sentence.
Criminal law – rape of minor – evaluation of child witness evidence and application of cautionary approach; forensics – absence of semen does not necessarily exonerate where medical evidence indicates recent trauma; procedural fairness – omission to reference minimum sentence in charge not necessarily prejudicial where accused legally represented and aware; sentencing – automatic life imprisonment for rape of a person under 16 unless substantial and compelling circumstances established.
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27 May 2025 |
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Court grants interdict against protest actions disrupting mining operations, reinforcing operational rights. No costs awarded.
Interdict – Applicant seeks final interdict against protesters disrupting mining operations – Requirements for interdict satisfied – Community protests related to Social and Labour Plan.
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23 May 2025 |
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Affixing a notice at the respondent's chosen domicilium after diligent attempts can amount to effective service; vehicle return ordered.
Civil procedure — Service at domicilium citandi — Rule 4(1)(iv) amendments (12 Apr 2024; 22 Dec 2024); effective service by affixing after diligent attempts; sheriff's return prima facie evidence (s43(2) Superior Courts Act); default/unopposed proceedings validated; instalment-sale cancellation and vehicle return ordered; damages postponed sine die.
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23 May 2025 |
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A defendant cannot repudiate an unqualified admission in its plea by later raising an inconsistent special plea.
Civil procedure – Pleadings – Effect of admissions – An unqualified admission in a plea is binding and relieves the other party from proof of that fact. Civil procedure – Amendment/withdrawal of admissions – Withdrawal requires substantive application and explanation, not mere notice of amendment. Road Accident Fund Act s 24 – procedural compliance alleged in special plea cannot contradict prior admission in plea over. Uniform Rules r 18 and r 22 – defendant must plead denials of material facts in plea; failure to do so deems facts admitted. Civil Proceedings Evidence Act s 15 – consequences of admissions on evidential burden.
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22 May 2025 |
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An application for rescission of a sequestration order was dismissed due to unreasonable delay, absence of special circumstances, and no bona fide defence.
Insolvency – rescission of sequestration order – section 149(2) of the Insolvency Act – requirements for condonation – delay and lack of explanation – no bona fide defence or exceptional circumstances – reliance on attorney negligence – removal of trustees.
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19 May 2025 |
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Applicants failed to prove urgency for an interdict against alleged defamatory social media posts; application struck and costs awarded.
Urgent application — Rule 6(12) — urgency must be established in founding affidavit; subsequent material cannot cure defects — social media defamation — balancing prejudice to court roll and other litigants — application struck for lack of urgency; wasted costs awarded.
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16 May 2025 |
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Appellant failed to discharge the onuses for initial and new‑facts bail; magistrate’s refusals upheld and appeal dismissed.
Criminal procedure – bail — initial application under s60(11)(b) / Schedule 5 — onus on accused on balance of probabilities; bail on new facts under s60(11)(a) / Schedule 6 — accused must show exceptional circumstances; appellate review of magistrate’s discretionary bail refusal.
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15 May 2025 |
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The applicant’s appeal against mandatory life sentences was dismissed; no substantial and compelling circumstances justified departure.
Criminal law — Murder — s 51(1) and Part 1 of Schedule 2 CLAA — mandatory life sentence — substantial and compelling circumstances; sentencing discretion and appellate interference (Malgas; Zinn); weight of pre-trial detention, youth and remorse in sentencing; appellate condonation principles.
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13 May 2025 |
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Applicant’s late replication and request to lift bar refused for failure to show good cause; application dismissed with costs.
Civil procedure – replication (Rule 25(1)) – 15‑day period after service of plea is mandatory where replication necessary; summary judgment or rescission does not suspend replication period. Condonation – applicant must give full, plausible explanation and show interests of justice; mere litigation strategy or delay insufficient. Estoppel defence – must be raised timeously; lateness and lack of good cause justifies refusal to uplift bar. Costs – unsuccessful, dilatory litigant ordered to pay costs including costs of two counsel.
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13 May 2025 |
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Failure to file a power of attorney and security for costs justified striking the appeal off the roll and awarding costs.
Procedure — Appeals — Rule 7(2): power of attorney must be filed before registrar sets appeal down; Rule 49(13): security for costs required before lodging record; Court’s discretion to refuse to entertain non-compliant appeals; striking off roll and costs for procedural non-compliance.
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8 May 2025 |
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The plaintiff's warrantless arrest, detention and home search were unlawful; damages awarded, property-loss claim dismissed.
Police procedure – Arrest and detention – onus on State to justify lawful arrest; failure to bring detainee to court renders detention unlawful; warrantless home searches – s 22 CPA – consent or reasonable grounds required; property seized by police – distinction between rei vindicatio and actio ad exhibendum; quantum – solatium assessed with reference to duration, conditions, motive and comparable authorities; default proceedings – consequences of failure to uplift bar.
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7 May 2025 |
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Appeal dismissed: section 10(2) certificate and affidavit evidence sufficiently established identity and justified committal.
Extradition — Section 10(2) certificate — wording "justify" v "warrant" — acceptable; Extradition enquiry — nature sui generis, conducted like preparatory examination not trial; Proof of identity — affidavit and documentary evidence may suffice; Commissioners of Oaths regulations — substantial compliance adequate; Admissibility of affidavits in extradition proceedings.
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7 May 2025 |
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A review cannot proceed without the Rule 53 record; applicants must furnish or reconstruct it or the review is removed from the roll.
Administrative/judicial review – Rule 53 – requirement to file the Rule 53 record – decision‑maker to dispatch record – reasons alone insufficient. Review procedure – applicant’s duty to furnish or reconstruct record when available – failure fatal to review. Civil procedure – improper form of notice of motion does not cure absence of record; court cannot hear merits without record. Doctrine of finality – court cannot treat a review as a fresh substantive interdict where a final lower court judgment exists.
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6 May 2025 |
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Reported
Absence of a Fidelity Fund Certificate warrants regulatory sanction but does not automatically nullify criminal proceedings.
Criminal procedure — Representation — Attorney practising without Fidelity Fund Certificate — Whether absence of FFC vitiates proceedings or attracts only disciplinary/criminal sanction — Interpretation of s84 LPA — Gross irregularity under s22(1)(c) SCA — Fair trial considerations.
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6 May 2025 |
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The court ruled the refusal to honor an employment contract unlawful, ordering arrears and cost payments to the plaintiff.
Employment law – Contract of employment – Validity of employment contract – Conditions for renewal and fulfillment of documentation requirements
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2 May 2025 |
| April 2025 |
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Summary judgment granted for recovery on an overdraft facility; defendants’ jurisdictional and technical objections rejected and no bona fide defence found.
Summary judgment – Overdraft facility – Suretyship – Authority to depose to affidavit – Commissioning of affidavits – Rule 32 of Uniform Rules – High Court jurisdiction concurrent with Magistrates’ Court – Sufficiency of defendant’s bona fide defence
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29 April 2025 |
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Court confirms jurisdiction and grants default judgment for contract termination and damages due to non-compliance.
Civil procedure – jurisdiction – conclusion of contract within territorial jurisdiction – section 129 notice under National Credit Act – default judgment granted.
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29 April 2025 |
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Court awards damages for minor injured in accident, focusing on general damages and loss of earning capacity.
Road Accident Fund – Damages – Quantum for general damages and loss of earning capacity for a minor passenger injured in an accident.
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25 April 2025 |
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Court awards R5,788,983.05 for child's injury with funds managed via a trust.
Personal Injury - Quantum determination - Child passenger injured in motor vehicle accident - Award for general damages and loss of earning capacity - Establishment of trust for compensation management.
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25 April 2025 |
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Arrest under s40(1)(b) was lawful; applicant failed to prove alleged assault and unlawful detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) – reasonable suspicion may be based on complainant identification and preliminary investigations. Delict – Assault and detention – onus on applicant to prove assault on a balance of probabilities; medical records and inconsistencies may undermine claim. Constitutional right to freedom and security – once unlawfulness is pleaded, respondent must justify deprivation of liberty.
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25 April 2025 |
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The High Court retains concurrent jurisdiction over levy disputes and is not required to refer such matters to the Ombud.
Community Schemes Ombud Service – jurisdiction – High Court retains concurrent jurisdiction to adjudicate levy disputes – no requirement to exhaust Ombud forum before approaching court – exclusive jurisdiction not conferred on Ombud by CSOS Act – doctrine of forum non conveniens not applicable – discretion to refer matter to Ombud depends on case-specific exceptional circumstances.
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22 April 2025 |