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Citation
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Judgment date
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| April 2025 |
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Rule 34 offer conceded liability; court awarded R850,000 for unlawful arrest and detention, plus interest and costs.
Unlawful arrest and detention; Rule 34(1)/(5) written offer as concession of merits; assessment of quantum for deprivation of liberty; consideration of detention conditions, trauma and defendants litigation conduct; award of damages, interest and costs.
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15 April 2025 |
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Applicant awarded R220,000 for eight days’ unlawful detention in inhumane conditions; interest and costs granted.
Unlawful arrest and detention — assessment of damages — factors: duration, circumstances of arrest, inhumane detention conditions, disability of detainee, solatium and deterrence; interest and costs awarded.
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10 April 2025 |
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Plea proceedings set aside due to procedural irregularities in questioning under section 112(1)(b) of the CPA.
Criminal procedure – guilty plea – Section 112(1)(b) of the Criminal Procedure Act – driving under influence – specific charge requirements.
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10 April 2025 |
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Reported
Bail refusal based on affidavit technicalities vitiated proceedings and warranted set-aside and remittal.
Bail — Affidavit admissibility under s 60(11)(b) CPA; compliance with Justices of the Peace and Commissioners of Oaths Regulations; substance over form; procedural irregularity in bail hearings; setting aside and remittal for de novo bail application.
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9 April 2025 |
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Application for leave to appeal dismissed; arrest lawfulness upheld and 48‑hour detention extension under s35/s50 correctly interpreted.
Criminal procedure – lawfulness of arrest – exercise of police discretion; Constitutional and statutory interpretation – s35(1)(d)(ii) and s50(1)(d) – 48‑hour detention rule and next court day extension; leave to appeal – reasonable prospect of success.
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4 April 2025 |
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Applicants failed to establish urgency for environmental interdict; matter struck off and party-and-party costs awarded against applicants.
Urgency — Rule 6(12)(b): applicant must explicitly set out circumstances rendering matter urgent and why ordinary course is inadequate; Interim vs final relief — pleadings must be coherent and specify the case to be met; Judicial intervention in procurement — court should not authorise appointments that bypass section 217 procurement requirements; Costs — party-and-party costs appropriate where urgency and papers are deficient, attorney-and-client costs not warranted.
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2 April 2025 |
| March 2025 |
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Appeal removed from roll due to incomplete, illegible record and procedural non-compliance; reconstruction and wasted costs ordered.
Civil procedure – Appeal from magistrate – Non-compliance with Uniform Rules (Rules 50, 51, 62) and Magistrates’ Court Rules (51(4), 51(8)) – Incomplete/illegible record – Absence of magistrate’s written reasons – Reconstruction of record (Muravha; Schoombie; Leslie) – Registrar’s duty before assigning hearing date – Security for costs – Wasted costs ordered.
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31 March 2025 |
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Court upholds applicant's summary judgment claim for a liquidated debt, rejecting challenges to deponent's authority and contract validity.
Civil procedure – summary judgment – authority of deponent – compliance with affidavit regulations – contract – acknowledgment of debt – quasi-mutual assent – liquidated claim – attorney-client costs.
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28 March 2025 |
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Default judgment awarded: first defendant vicariously liable for 43 days of unlawful arrest and detention; R650,000 awarded.
• Constitutional law – right to freedom and security of the person – unlawful arrest and detention – prima facie unlawfulness and State’s onus to justify.
• Civil procedure – default judgment following valid notice of bar and failure to deliver pleas.
• Vicarious liability – Minister of Police liable for acts of SAPS members executed in course of employment.
• Damages – assessment of solatium for 43 days’ unlawful detention and uncontested expert evidence of PTSD.
• Condonation – late delivery of statutory notice under Institution of Legal Proceedings Against Certain Organs of State Act condoned.
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28 March 2025 |
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27 March 2025 |
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Condonation granted; appellant’s personal circumstances not substantial and compelling to avoid prescribed life sentence.
Criminal law – minimum prescribed sentence – s 51(1) Criminal Law Amendment Act – substantial and compelling circumstances – appellate interference (Malgas) – condonation for late notice under Rule 67(5A) – attorneys’ negligence and Dengetenge factors – aggravating factors: sustained assault, threats, illegal presence, lack of remorse.
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27 March 2025 |
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Opposed motion postponed due to counsel’s late withdrawal; applicant ordered to pay postponement costs and attorney conduct referred to regulator.
Civil procedure — opposed motion — late withdrawal of counsel for alleged non‑payment of fees — professional duties of attorneys — postponement ordered, costs on attorney and client scale, referral to Legal Practice Council.
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24 March 2025 |
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The defendant is liable for 100% of damages due to under-settlement of the Road Accident Fund claim.
Road Accident Fund – personal injury – quantum calculation – general damages – caregiving compensation – trust management.
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20 March 2025 |
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The respondent held vicariously liable for negligent maternity care causing neonatal death and emotional harm from mishandled remains.
Medical negligence — obstetric and neonatal care — breach of maternity care guidelines, inadequate monitoring and documentation, inappropriate oxytocin use, failure to perform indicated Caesarean — causation (factual and legal) of neonatal death — vicarious liability of provincial health authority — damages for emotional/psychological harm from mishandling of remains.
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20 March 2025 |
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Court grants interim interdict preventing municipality from removing applicant’s prepaid meters pending contractual action or review.
Urgent interim interdict – urgency under Uniform Rule 6(12); prima facie contractual right based on municipal minute; preservation of status quo – interdiction against removal of prepaid meters; non-joinder of third-party service provider and contracting authority not fatal; authority of deponent; costs on attorney-and-client scale.
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20 March 2025 |
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Court upholds appeal in case of wrongful arrest, granting R100,000 and costs due to defendants' absence.
Unlawful arrest and detention – application of Rule 32(2) of Magistrates’ Court Rules – undisputed claims in default judgment.
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20 March 2025 |
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The High Court reviewed and set aside maintenance proceedings due to gross irregularity in the respondent's legal representation.
Maintenance Law – Legal representation – Validity of right of appearance – Gross irregularity in proceedings – Fair hearing rights.
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17 March 2025 |
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A declaratory challenge to in duplum application was dismissed as incompetent, res judicata, and an abuse of court process.
Civil procedure — rule 6(5)(d) points — condonation for late filing; Declaratory relief — competence — inadmissible advisory declarations where law and prior judgment resolve issue; In duplum rule — settled principle; post-judgment interest and VAT must be accounted for; Abuse of process and costs on attorney-and-client scale.
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17 March 2025 |
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An unincorporated association lacked locus standi and produced inadequate affidavits, so its motion for collective relief was dismissed.
Administrative and Constitutional Law – Locus standi – Unincorporated associations lack separate legal personality and generally lack locus standi to sue in their own name. Class actions – Certification required for representative relief; where class-action certification is absent, relief under s38(d) must be established. Civil procedure – Sufficiency of founding affidavits – material averments, identification of affected persons, authorisation and quantification of damages required; some relief unsuitable for motion proceedings. Service of process – Proper service required for a respondent to be before the court.
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13 March 2025 |
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Unlawful arrest and brief detention in inhuman conditions warrant R120,000 solatium, interest and party-and-party costs.
Constitutional right to personal liberty – arbitrary and unlawful arrest and detention – solatium for injured feelings. Assessment of quantum for unlawful arrest/detention – consider duration, circumstances of arrest, police conduct, absence of explanation/apology, cell conditions and plaintiff’s status. Police refusal to allow prescribed medication and inhuman cell conditions aggravate award. High Court jurisdiction justified for matters concerning deprivation of liberty. Costs – party-and-party scale B awarded; magistrate’s court scale not appropriate.
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13 March 2025 |
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Application struck from urgent roll due to lack of urgency and alternative redress available on scheduled future date.
Urgency – Interim Protection Order – Application to suspend operation of order due to purported financial harm – Rule 6(12) urgency requirements.
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12 March 2025 |
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Arrest without objectively reasonable suspicion was unlawful; detention claim failed for lack of pleaded evidence.
Police powers of arrest – section 40(1)(b) and (e) CPA and s36 GLAA – requirement of objectively sustainable reasonable suspicion – duty to investigate and assess explanations before arrest – omission to plead/lead evidence on detention conditions defeats unlawful detention claim.
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12 March 2025 |
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Commission report and Premier’s acceptance set aside for incomplete record, lack of reasons, and quorum/ procedural defects.
Administrative law — judicial review of administrative action under PAJA — duty to provide adequate reasons (s33(2) Constitution; s5 PAJA); Rule 53 record — completeness and right to a proper record for review; statutory commissions — quorum and meaningful participation; principle of legality — procedural rationality in decisions recognizing traditional leaders.
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12 March 2025 |
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Reported
Unlawful arrest due to defective service of protection orders and malicious prosecution without reasonable and probable cause.
Protection from Harassment Act – service of interim and final protection orders – Regulation 28 and statutory requirement for service by clerk, sheriff or peace officer; telephone ‘service’ not authorised. Criminal Procedure – arrest without warrant – necessity of warrant/affidavit under Protection from Harassment Act (Section 11) and application of Section 11(4)(b) and (5) before immediate arrest. Malicious prosecution – absence of reasonable and probable cause; prosecution under incorrect statute; animus injuriandi established where prosecutors continued in reckless disregard of defects. Damages – assessment of solatium for unlawful arrest/detention and malicious prosecution; awards: R480,000 and R200,000 respectively; interest and costs ordered.
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11 March 2025 |
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The High Court upheld a life sentence for multiple rape, emphasizing crime severity over personal circumstances.
Criminal Law – Sentencing – Rape – Life imprisonment prescribed minimum – Whether personal circumstances of appellant justified deviation from life sentence – No substantial and compelling circumstances found.
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6 March 2025 |
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Council meeting notice via WhatsApp upheld; municipal regulations complied with.
Local Government Law – Council Meetings – Service of Meeting Notices – Use of electronic means for notification as per adopted municipal rules.
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6 March 2025 |
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Plaintiff with permanent traumatic brain injury awarded R5.9m for loss of earnings and past medical expenses.
• Road Accident Fund – damages for loss of earning capacity and past medical expenses following traumatic brain injury; actuarial valuation and contingencies; admissibility of expert evidence by affidavit (Rule 38(2)).
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6 March 2025 |
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Conviction for failure to pay maintenance set aside due to magistrate’s unfair trial conduct and denial of right to call witnesses.
Criminal procedure – Maintenance Act s31(1) – elements and prosecution onus; Maintenance Act s41 – conversion to maintenance enquiry; Right to a fair trial – right to call witnesses and to full cross‑examination; Judicial conduct – impatience and procedural impropriety vitiating proceedings; Criminal Procedure Act s186 – limits on court calling witnesses.
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5 March 2025 |
| February 2025 |
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Court exercised s173 power and stayed adjudication enforcement pending related review proceedings, ordering costs against respondent.
• Civil procedure – Stay of proceedings – Inherent power under s173 Constitution – courts may stay procedural relief in the interests of justice.
• Adjudication – provisional nature of adjudicator’s award – relevance where underlying contract has terminated.
• Enforcement of adjudication awards – whether enforcement should await outcome of related review litigation.
• Costs – unsuccessful stay applicant ordered to pay party‑and‑party costs on Scale B.
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28 February 2025 |
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An appeal against refusal of bail for an accused with fraudulent immigration status and insufficient local ties was dismissed.
Criminal law – Bail appeal – Flight risk – Illegal immigrant status and possession of fraudulent permanent residence permit – Absence of sufficient ties to South Africa – Section 60(4)(b) Criminal Procedure Act – Refusal of bail affirmed.
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28 February 2025 |
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Single-witness sexual offence evidence can support conviction; separate sexual acts may constitute multiple rapes attracting CLAA aggravation.
Criminal law — Sexual offences — Conviction on single witness evidence — Cautionary approach and holistic evaluation of discrepancies. Evidence — Discrepancies between viva voce evidence and prior statements not necessarily fatal to credibility. Forensic evidence — Absence of physical injury (J88) does not preclude rape. Criminal law — Distinct sexual acts (finger and penis) can constitute multiple rapes under CLAA s51(1) and Part 1 Schedule 2. Sentencing — Appeal court will only interfere for material misdirection; substantial and compelling circumstances can justify deviation from prescribed minimum sentence.
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26 February 2025 |
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An attorneys’ firm failed to show good cause to reinstate an appeal lapsed under Rule 49(6), appeal dismissed and costs awarded.
Civil procedure – Rule 49(6) lapsing and reinstatement of appeal; "good cause" requires reasonable explanation and prospects of success; discovery – Rule 35(12)/(14) compliance; striking out for failure to comply with discovery; attorneys’ duty to keep and produce accounting records; costs including Senior Counsel.
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21 February 2025 |
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A liquidator's right to property access overrules set-off arguments in undivided joint estate disputes.
Divorce proceedings – Liquidation of joint estate – Access for valuation and sale of properties – Pension fund claims – Interdict granted.
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21 February 2025 |
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Upliftment dismissed — applicant failed to show good cause, bona fides, or disclose a bona fide defence; costs on scale B.
Rule 27 – upliftment/condonation for non-compliance; good cause requires full explanation, bona fides and bona fide defence; Maharaj test for disclosure of defence; litis contestatio reaches finality when plea time under notice of bar expires; prejudice to deceased estate relevant to discretionary relief.
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21 February 2025 |
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Court awards R26.7M for damages in accident caused by pothole, based on plaintiff's expert reports. No defense led.
Civil procedure - Damages - Quantum determination based on expert reports in absence of defendant counter-evidence - Liability in road accident involving public roads.
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20 February 2025 |
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Court awards damages for loss of income post-collision; denies past medical expenses due to evidence absence.
Personal injury – Quantum of damages – Apportionment of loss of income due to reduced employability – Road Accident Fund liability.
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19 February 2025 |
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Court awards R2,975,000 to plaintiff for negligence-induced injury and income loss in road accident.
Personal Injury – Road Accident – Negligence of Insured Driver – Quantum of Damages – Loss of Earning Capacity – Future Medical Expenses Certificate
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18 February 2025 |
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Late Rule 30 notice dismissed; pending Rule 30 notice renders subsequent notice of bar irregular and struck out.
Civil procedure – Uniform Rules – Rule 30(1) and Rule 30(2)(b) – time‑limit for notice of irregular step – notice served outside 10‑day period is irregular absent condonation. Civil procedure – Rule 30A – interplay with Rule 30 – Rule 30A does not override Rule 30 where an irregular step is alleged and its time limits apply. Civil procedure – notice of bar – service of notice of bar while Rule 30 notice pending constitutes an irregular step and may be struck out. Civil procedure – remedy – striking out entire claim in Rule 30 proceedings is exceptional and not routinely ordered.
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14 February 2025 |
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Failure to conduct mandatory ss77–79 enquiries and misapplication of s78 led to review and setting aside of the magistrate’s order.
Criminal procedure – sections 77–79 CPA – necessity of initial enquiry before psychiatric referral; Proper constitution of section 79 panel for serious offences; Section 78(6) CPA – options available only where accused is found not criminally responsible; Misapplication of MHCA detention powers (s37 v s42) when statutory procedure not followed.
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14 February 2025 |
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Failure to deliver a 48‑hour agenda for a Special Council meeting breached standing rules and justified urgent interdictory relief.
Local government — Standing Rules of Order — Rule 10 & 11 — Requirement to deliver detailed and itemised agenda at least 48 hours before Special Council meeting — Failure to comply invalidates meeting notice and breaches councillor’s right to meaningful participation; Urgent application — test for urgency and final interdict — clear right, reasonably apprehended injury and lack of adequate alternative remedy.
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13 February 2025 |
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Magistrate's recusal mid‑trial makes proceedings a nullity; trial must be heard de novo before a different presiding officer.
Criminal procedure — Part‑heard trial — Recusal of presiding officer — Functus officio — Effect: proceedings rendered nullity and trial must proceed de novo; s118 CPA inapplicable once evidence led; accused cannot demand verdict under s106(4) in these circumstances.
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11 February 2025 |
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Despite serious administrative delay and procedural errors, the petition to appeal sentence was dismissed for lacking reasonable prospects of success.
Criminal procedure – s 309C petition to High Court after refusal of leave to appeal by magistrate – petition procedure and appellate pathway. Sentencing – application of S v Zinn triad – seriousness of offence and interests of society outweighing personal mitigation – test for 'shockingly inappropriate' sentence. Administrative law/public administration – inordinate delay in processing petitions, incorrect forms and record-keeping – obligations under Chapter 10 and Batho Pele principles. Institutional accountability – referral of Chief Registrar/registrars for consideration of disciplinary action due to failure of oversight.
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10 February 2025 |
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Prospects of success on appeal are not dispositive; non‑disclosure, prior convictions and flight/recidivism risk can justify denying bail.
Criminal procedure – bail pending appeal – interests of justice assessment; prospects of success on appeal not determinative; risk of absconding and likelihood of committing further offences; non‑disclosure of pending charges and contradictory residence evidence; deference to trial court’s discretion (s 65(4) CPA; case law: S v Masoanganye, Rohde, Coetzee).
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7 February 2025 |
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The appellant failed to show substantial and compelling circumstances to avoid prescribed life imprisonment for rape of a minor.
Criminal law – Sentencing – Minimum sentences under s51(1) Criminal Law Amendment Act – Rape of a minor attracts prescribed life imprisonment – Substantial and compelling circumstances required to deviate (s51(3)) – Age, first‑offender status and absence of evidence of harm insufficient – S v Malgas; S v Bogaards.
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7 February 2025 |
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Applicant in business rescue interdicted respondents from removing and processing mine-dump materials from its land.
Urgent relief — Rule 6(12) — requirements and justification; Interdict — requisites for final interdict: clear right, injury, no alternative remedy; Property/mineral rights — landowner control over materials on land; Failure to prove transfer or statutory MPRDA approvals; Costs follow the result.
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5 February 2025 |
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Applicant granted urgent rei vindicatio: excavator returned and respondent ordered to pay attorney-and-client costs.
Civil procedure – urgency – Rule 6(12)(b) – requirement to show urgency not self‑created and absence of substantial redress in due course. Property – rei vindicatio – owner’s right to recover movable property held by another; onus on possessor to establish a right to retain. Disputed facts – material and bona fide disputes – invocation of Rule 6(5)(g) and when oral evidence/trial referral is required. Remedies – sheriff authorised to attach and remove property; SAPS assistance may be procured. Costs – attorney-and-client costs justified for vexatious or reprehensible litigating conduct.
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4 February 2025 |
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Applicant failed to prove exceptional circumstances and irreparable harm under section 18; urgent application dismissed and costs awarded.
Civil procedure – Superior Courts Act 10 of 2013 s18 – suspension of operation and execution pending application for leave to appeal – exceptional circumstances and irreparable harm required. Motion procedure – affidavits as pleadings and evidence – impermissibility of relying on separate removed proceedings instead of pleading material facts. Urgency – Rule 6(12) – section 18 applications inherently urgent but applicant must still establish urgency. Relief refused where applicant fails to satisfy section 18(1) and (3) on a balance of probabilities.
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4 February 2025 |
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Arrest was lawful under s 40(1)(b) CPA: reasonable suspicion from possession of suspected stolen property and no satisfactory explanation.
Criminal procedure – arrest without warrant – s 40(1)(b) CPA – reasonable suspicion based on possession of suspected stolen property and failure to give satisfactory account; General Law Amendment Act s 36 – possession of suspected stolen property treated as attracting penalties of theft and thus within Schedule 1; Value of found item irrelevant to lawfulness of arrest; Pleadings – court may rely on evidence covering an issue even if a specific statutory provision was not pleaded; Credibility – trial court's preference of police evidence upheld.
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3 February 2025 |
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Urgent application to suspend municipal dismissal struck from the roll for lack of urgency and available alternative remedies.
Administrative law – Urgency under Rule 6(12) – Applicant must show inability to obtain substantial redress in due course; court may refuse to abridge rules where urgency is self-created. Labour/procedural remedies – Availability of appeal or referral to Bargaining Council/CCMA can negate need for urgent judicial intervention. Municipal governance – Alleged ultra vires dismissal and absence of council minutes/agenda raise substantive issues, but urgency must be established before merits considered.
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3 February 2025 |
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Convictions upheld but leave to appeal against sentences granted; prolonged registrar delay referred for administrative action.
Criminal law – Conviction – petition against conviction dismissed where evidence supported the magistrates' findings.* Criminal law – Sentencing – leave to appeal against sentences granted where sentences have prospects of success on appeal.* Administrative law/court administration – Unacceptable delay in Registrar's office – referral to Provincial Director of Court Operations for remedial action.
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3 February 2025 |