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Citation
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Judgment date
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| November 2024 |
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Court corrected loss-of-earnings award, found compromise legally objectionable, admitted expert affidavits and ordered payment and costs.
Road Accident Fund/Delict — quantification of past and future loss of earnings/earning capacity; admissibility of expert evidence on affidavit (Rule 38(2)); validity and court oversight of compromises (Taylor; Eke); application of contingencies and judicial discretion in actuarial assessments of future loss.
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1 November 2024 |
| October 2024 |
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Appellate court found police assault proved, admitted expert psychiatric report, awarded R179,231.36 and costs.
Police liability – assault by members of SAPS – admissibility and consideration of pre‑trial agreed expert hearsay report – inadmissible untested respondent evidence – amendment of particulars to include pepper spray and future medical expenses – quantum: general damages and future psychiatric/medical costs.
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31 October 2024 |
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No substantial and compelling circumstances justified deviation from prescribed life sentences for multiple rapes; appeal dismissed.
Criminal law – sentencing – prescribed minimum sentence (s51(1) CLAA) for rape; substantial and compelling circumstances; absence of physical injury not substantial per s51(3)(aA) and Maila; guilty plea and pre‑trial custody as mitigation; appellate interference only for shocking or materially misguided sentences.
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31 October 2024 |
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Leave to appeal refused where applicants admitted arrears and failed to prove security or a bona fide defence to summary judgment.
Instalment sale – summary judgment – default and cancellation – bona fide defence – alleged security (endowment policy) unproven – leave to appeal requires reasonable prospects of success (s17(1)(a) Superior Courts Act).
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31 October 2024 |
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Minor’s head injury in RAF claim impaired future earning capacity; court awards R2,843,750, interest, s17(4)(a) undertaking and costs.
Road Accident Fund – admitted liability; minors – head injury with long‑term cognitive, behavioural and disfiguring sequelae; expert evidence on affidavit (Rule 38(2)/LEAA) – multidisciplinary assessments; actuarial valuation of future loss of earnings and application of contingencies; s17(4)(a) RAFA undertaking for future medical expenses; interest and party-and-party costs awarded.
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31 October 2024 |
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Plaintiff failed to prove medical negligence where missing maternity records rendered timing and causation of neonatal HIE uncertain.
Medical negligence – Birth injury – hypoxic-ischaemic encephalopathy (HIE) – missing antenatal and labour records – evidential consequences of absent medical records – burden of proof and inferences – evaluation of conflicting expert opinion.
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29 October 2024 |
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Reported
Magistrate’s medical recusal upheld, but magistrate’s order restarting trials de novo was unlawful and set aside.
Judicial recusal – medical incapacity – SARFU objective test for reasonable apprehension of bias and inability to sit.* Limits of magistrates’ powers – magistrate as creature of statute – no power to order trials to commence de novo.* Review – Superior Courts Act s22(1) – gross irregularity where magistrate orders beyond statutory competence.* High Court authority to order fresh trials de novo and to prioritise matters on the roll.* Administrative directions – return of exhibits; notification to Regional Court President, DPP and Magistrate’s Commission.
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25 October 2024 |
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An appeal against a prescribed minimum rape sentence fails absent substantial and compelling circumstances by the applicant.
Criminal law – Rape – Minimum sentencing under s 51(2)(b) and Schedule 2 CLLA – deviation requires substantial and compelling circumstances. Sentencing – Appellate interference – no interference absent material misdirection or a sentence so disparate as to be shocking. Sentencing considerations – youth and first‑offender status not automatically substantial and compelling; seriousness and public interest may prevail.
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24 October 2024 |
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Whether a binding compromise agreement was formed by conduct and correspondence despite no signed deed.
Contract formation — compromise agreement — consensus ad idem — signatures not required absent prescribed formalities — conduct and correspondence may constitute acceptance — quasi‑mutual assent and reliance — appellate review of magistrate’s factual findings.
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24 October 2024 |
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Unlawful arrest and over three-year detention entitled the plaintiff to R2.2 million damages against the defendant.
Administrative law / Constitutional rights – Arrest and detention – Unlawful arrest without reasonable grounds; prolonged detention – State (Minister of Police/SAPS) vicarious/constitutional liability for unlawful deprivation of liberty; default judgment consequences where defendant fails to plead; assessment of solatium/quantum for arbitrary detention.
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22 October 2024 |
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Section 55 SORMA does not compel life imprisonment for attempted rape; appellate court substituted fifteen years within regional court limits.
Criminal law – Sexual offences – Attempted rape under s55 SORMA – "Liable to" same punishment as completed offence permits judicial discretion; Regional Court sentencing constrained by jurisdictional limits; misdirection in imposing life imprisonment for attempt where no prescribed minimum applies; appellate substitution of sentence within statutory maximum (15 years).
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21 October 2024 |
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A contract condition making payment contingent on a grant suspended payment obligations; plaintiff's claim dismissed.
Institution of Legal Proceedings Against Certain Organs of State Act s3 – purpose of notice satisfied where department received and acted on demand; Contract law – suspensive condition – clause making payment subject to receipt of grant from third party (CATHSSETA) operates to suspend obligations until fulfilment; Burden of proof – party relying on fulfilment of suspensive condition must prove it; Repudiation and damages – no repudiation where precondition for payment unfulfilled.
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21 October 2024 |
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Court awards R45,000 solatium for 18 hours 32 minutes of unlawful detention in degrading conditions.
Delict – unlawful detention – computation of unlawful detention period; assessment of solatium for short-period unlawful detention; relevance of detention conditions where arrest lawful; appropriate quantum; costs on High Court scale.
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21 October 2024 |
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An accomplice to an armed robbery may be convicted of murder under common purpose when he knowingly foresees possible lethal violence.
Criminal law — Common purpose — Accomplice liability where co‑perpetrator fires weapon during armed robbery; s115(3) plea explanations — limited evidential value; s112(2) statements — part of conspectus of evidence; single‑witness evidence — assessment for trustworthiness; sentencing — no substantial and compelling circumstances to deviate from prescribed life sentence for murder.
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16 October 2024 |
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Appeal against life sentence for repeated rape of an elderly, vulnerable victim dismissed; no substantial and compelling reasons to deviate.
Criminal law – Sentencing – Minimum sentences – section 51(1) CLAA and Schedule 2 – departure only for substantial and compelling reasons. Rape – multiple penetrations and serious bodily harm against an elderly vulnerable victim – life imprisonment ordinarily prescribed. Appellate review – interference only for misdirection or sentence shockingly inappropriate. Procedural – typographical errors in charge sheet/record do not vitiate sentence where statutory application is clear.
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11 October 2024 |
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11 October 2024 |
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An appellate court may antedate resentencing under section 282 where a trial court misdirects in a resentencing exercise.
Criminal law – sentencing – resentencing after appeal – trial court misdirection by mechanically deducting time served – appellate courts’ power to antedate under s 282 Criminal Procedure Act – fairness in antedating; declaration of unfitness to possess firearm (s 103 Firearms Control Act).
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11 October 2024 |
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Court awarded R3,922,500 composite damages for 523 days' unlawful detention and malicious prosecution, apportioned 80/20.
Delict — Unlawful arrest and detention — Quantification of solatium for deprivation of liberty; malicious prosecution — liability of prosecuting authority for initiating and continuing prosecution without prima facie evidence; res judicata — limits where Full Court remits quantum; composite awards and apportionment between state organs; factors for quantum: duration, motive, conduct, injuries, status, comparable awards.
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11 October 2024 |
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Reported
The defendant is liable for R95,000 for the plaintiff’s 42‑hour unlawful arrest and detention, with interest and High Court costs.
Constitutional law – right to dignity and freedom – unlawful arrest and detention – assessment of general damages for deprivation of liberty. Delict – damages – solatium for unlawful arrest and detention – factors: duration, conditions of detention, injury, missed events, COVID-19 risk, lack of legal access. Interest – prescribed rate from date of service of summons. Costs – party-and-party High Court scale; Scale B (Rule 67A) applicable after 12 April 2024.
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10 October 2024 |
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A May 2021 resolution validly conferred an unconditional 50% member interest; member participation and access to accounts were ordered.
Close corporations – validity of member appointment by resolution – whether appointment was conditional or representative – applicability of s46 and s49 Close Corporations Act; procedural rules – late Rule 7(1) challenge to authority to act; non-joinder – when joinder of cessionary is required; remedies – interdict, access to bank accounts and books, production of payment inventory.
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10 October 2024 |
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Appeal dismissed: applicant failed to prove new facts or discharge the onus to justify bail for a Schedule 5 offence.
Criminal procedure – Bail – Schedule 5 offence – Section 60(11)(b) onus on accused – New facts application – Section 60(4)(c) and (d) (risk of influencing witnesses; jeopardising justice system) – Section 60(8)(a) (supplying false information) – Appellate review under section 65(4) of Magistrate’s discretion.
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9 October 2024 |
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Alleged non‑compliance with Regulation 6 must be objectively justified; council’s minutes showed sufficient basis for precautionary suspension.
Local government — Precautionary suspension — Regulation 6(1) Disciplinary Regulations for Senior Managers — 'Reason to believe' must be based on objective, justifiable considerations — urgency where alleged non‑compliance with Regulation 6 — council minutes and debate can demonstrate formation of requisite belief.
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8 October 2024 |
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Appellate court upheld convictions where complainant’s identification was credible; sentence appeal dismissed.
Criminal law – Sexual offences (attempted rape) and robbery – identification evidence – cautionary approach to single witness – prior acquaintance and opportunity to observe – brief illumination by passing vehicle sufficient in context. Evidence – single witness testimony may suffice if satisfactory in all material respects; appellate deference to trial court's factual findings. Criminal procedure – appellant's failure to testify and absence of alternative explanation relevant to assessment of guilt. Sentencing – separate offences with separate intents justify distinct terms; appellate intervention only for misdirection, failure of justice or shockingly inappropriate sentence.
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8 October 2024 |
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A properly identified s102(2) dispute prevents debt collection; signing an acknowledgement "under protest" does not automatically waive the dispute.
Municipal Systems Act s102(2) – requirement that dispute relates to a specific amount – identification of disputed items; Interim interdict and rule nisi – preservation of status quo pending dispute resolution; Acknowledgement of debt signed "under protest" – does not necessarily constitute waiver or evidence of no duress; Evidence and hearsay – need for confirmatory affidavits when relying on statements of third parties; Urgent procedure – condonation of non-compliance where commercial urgency and interim relief justified.
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3 October 2024 |
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Where premeditation was not proven on plea, mandatory life under section 51(1) did not apply; sentence substituted with 20 years.
Criminal law – Murder – Requirement that "planned or premeditated" be proved at conviction before invoking s51(1) minimum life sentence – Plea in terms of s112(2) must address elements in Schedule 2 – Trial court misdirected by applying s51(1) where only spontaneous killing proved – Proper application of s51(2) (Part 2) with regional court maximum of 20 years – Appellate substitution of sentence – Declaration of unfitness to possess firearm (s103 Firearms Control Act).
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3 October 2024 |
| September 2024 |
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Plaintiff failed to prove medical negligence or causation; unsupported expert report and missing hospital records undermined the claim.
Medical negligence; proof of wrongfulness, negligence and causation on balance of probabilities; vicarious liability; admissibility and weight of expert reports where expert does not testify; evidential importance of complete hospital records and treating witnesses.
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26 September 2024 |
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Adjudicator’s award is immediately enforceable unless timely set aside; respondent’s delay and late filings do not excuse non-compliance.
Construction law – adjudication and enforcement – Adjudicator’s award binding and enforceable pending set-aside by arbitration or court; failure to refer within contractual time bars non-compliance; late filings and inordinate delay do not justify withholding payment; condonation refused.
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25 September 2024 |
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Reported
Warrant was invalid—sworn material insufficient and unauthorised private participant tainted search; seized electronic devices must be restored.
Constitutional and procedural law — urgency — spoliation — mandament van spolie available against police for unlawful seizure Criminal procedure — search and seizure — s 21 warrant must be based on information on oath and establish jurisdictional facts (reasonable suspicion and grounds) Cybercrime — electronic devices and data fall within Cybercrime Act procedures; CPA not suitable for electronic articles Execution — presence of unauthorised private official renders search unlawful unless properly authorised and role defined Remedies — invalid warrant and unlawful dispossession entitle applicant to immediate restoration of possession and costs
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25 September 2024 |
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Quantum assessment for a minor shot by police: loss of earnings, medical and general damages awarded to applicant.
Delict — Police shooting of minor during protest — quantum only; assessment of general damages, future medical expenses and loss of earning capacity; actuarial contingencies; establishment of trust for minor’s capital; costs and interest.
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20 September 2024 |
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Minimum 15-year sentence for murder confirmed; appellant’s personal circumstances not substantial and compelling.
Criminal law – Murder – minimum sentencing under s51(2) Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances to deviate from prescribed 15-year sentence. Sentencing appeal – appellate restraint – interference only where trial court misdirected, sentence disproportionate or unjust. Mitigation – personal circumstances, employment, dependants and intoxication insufficient absent supporting evidence.
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18 September 2024 |
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Appellate court upheld conviction for sexual penetration of a 15‑year‑old; trial court properly applied the cautionary rule.
Criminal law – Sexual offences – conviction for sexual penetration of a child (under 16) – assessment of single child witness evidence and application of cautionary rule; medical corroboration and appellate deference to trial court credibility findings.
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18 September 2024 |
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An impermissible splitting of rape charges does not justify overturning a life sentence where the court treated the counts together and no substantial and compelling circumstances existed.
Criminal law – Sexual offences – Multiple acts of penetration in a single encounter – Charging practice: impermissible splitting of rape counts and potential duplication of convictions – Sentencing under s51(1) and Part I of Schedule 2 CLAA – substantial and compelling circumstances – appellate interference only for material misdirection.
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18 September 2024 |
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An application lacking urgency must be struck from the urgent roll and proceeded with on the opposed motion roll under court-ordered timetables.
Civil procedure – Urgent applications – urgency is a matter of form; absence of urgency justifies striking from urgent roll. Civil procedure – Powers of court on lack of urgency – court may strike matter and give further directions including timetable for opposed motion. Trusts/land restitution – communal land held in trust; litigation must protect community’s constitutional and economic interests. Pleadings – parties must file complete founding and answering affidavits and not rely on hurried urgent affidavits.
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18 September 2024 |
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Court awarded R400,000 to plaintiff for chronic pain and permanent facial and limb scarring from motor vehicle collision.
Road Accident Fund — assessment of general damages — chronic pain, functional limitation and permanent disfiguring scars — use of expert reports (orthopaedics, plastic surgery, physiotherapy) — reliance on comparable authorities — award of R400,000; interest a tempore‑morae and costs on Scale B.
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17 September 2024 |
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Section 112 plea must expressly prove planning/premeditation before invoking section 51 enhanced life sentence; absent proof, conviction and life sentence set aside.
Criminal procedure – plea in terms of s112(2) – where plea is relied upon, the s112 statement must address facts establishing any scheduled characteristic relied on for enhanced sentencing. Minimum sentencing – section 51 Criminal Law Amendment Act – characteristics in Schedule must be proved before conviction; conviction cannot later be used to introduce such facts. Murder – planning/premeditation – factual enquiry; cannot be inferred unless admitted facts exclude every reasonable alternative (eg spur-of-the-moment act). Sentencing – misdirection in invoking s51(1) when its requisites are not proved; substitution with conviction for murder and sentence under s51(2) where appropriate.
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16 September 2024 |
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Late challenge condoned; s39(5) non-compliance not fatal; preservation order upheld as vehicle was an instrumentality of crime.
POCA — preservation of property (s38, s39, s40, s47) — whether preservation order should be rescinded. s39(5) POCA — notice to oppose must be accompanied by affidavit — directory not peremptory. s40 POCA — preservation order lapses after 90 days unless a forfeiture application is pending — issuing a forfeiture application within 90 days suffices. Property law/Constitution — balance between protection of property and public interest; vehicle as instrumentality of crime.
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16 September 2024 |
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Provisional winding-up granted where creditor’s s345 demand met statutory requirements and respondent failed to show bona fide dispute.
Companies Act — Winding-up — s 344(f), s 345(1)(a) and (c) and s 347 — creditor’s s345 demand — when company deemed unable to pay debts — bona fide dispute of indebtedness — effect of contractual clause linking payment to third-party receipts — prima facie indebtedness established where invoices undisputed; points in limine dismissed.
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13 September 2024 |
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Applicant’s urgent spoliation claim struck from roll for failure to establish urgency and unexplained delay; costs awarded.
Civil procedure – Urgent applications – Rule 6(12) – Applicant must set out explicit circumstances rendering matter urgent and why substantial redress cannot be obtained in due course. Spoliation – inherent urgency does not relieve applicant of Rule 6(12) requirements. Administrative acts – SAPVIN/registration/VIN changes relevant to possessory and ownership disputes; relief against parties not in possession may be incompetent. Self-created urgency/delay – unexplained delay undermines claim of urgency.
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12 September 2024 |
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Conviction for aggravated robbery upheld; mandatory 15-year sentence reduced to 8 years due to sentencing misdirection.
Criminal law – Robbery with aggravating circumstances – conviction upheld on single identifying witness where identification based on prior acquaintance and corroborated by physical evidence (knife). Evidence – Identification evidence and single-witness rule – application of cautionary principles and section 208 Criminal Procedure Act. Sentence – Mandatory minimum sentences (s51 CLAA) – requirement to find substantial and compelling circumstances to deviate; appellate interference where sentencing misdirected. Sentence – appellate reduction of mandatory sentence where it is unjust and harsh; ante-dating under s282 CPA. Firearms – declaration of unfitness to possess firearm confirmed (s103(1) Firearms Control Act).
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12 September 2024 |
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Ex parte freezing of CPA accounts set aside for lack of verified evidence and failure to follow CPAA procedures.
Communal Property Associations – administrative oversight by Director‑General under CPAA – requirement to inspect, demand records, appoint conciliator or hold inquiry before dissolving an EXCO; urgent ex parte relief – Rule 6(12)(c) reconsideration and audi alteram partem; pleadings – striking out new matter in replying affidavit; procedural challenges under Rule 7(1)/Rule 30 and proof of authority.
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11 September 2024 |
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Condonation refused for defective compliance with appeal rules; appeal not determined on merits; costs awarded to respondent.
Appeal — noting and prosecution of appeal under Rules 50 and 51 — preliminary and amplified notices of appeal — requirement to furnish security to registrar (Rule 51(4)) — distinction between prosecution within 40 days and deeming provision at 60 days — condonation principles (Melane) — necessity of full, detailed explanation and prospects of success — costs including reserved urgent-application costs.
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11 September 2024 |
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Appellate court set aside convictions and sentence due to magistrate’s failure to recuse and trial irregularities under section 174 CPA.
Criminal procedure — Recusal — Magistrate who heard bail and became aware of accused’s prior analogous convictions should have recused — failure to do so causes irregular trial; Criminal procedure — Section 174 CPA — Refusal of discharge followed by conviction without allowing accused to present evidence or giving reasons — violates fair trial; Appeal — Appellate intervention warranted where trial court makes no findings and gross irregularities affect fairness; Condonation — Delay due to transcription difficulties and changes in representation excused where not attributable to appellant and State unopposed.
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11 September 2024 |
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Condonation granted and summary judgment upheld: instalment agreement cancelled, vehicle repossessed, respondent’s defences not bona fide.
Civil procedure – summary judgment – condonation for late filing – bona fide defence requirement – repossession and cancellation of instalment sale agreement – National Credit Act issues including reckless lending and registration – document/affidavit formalities and locus standi/cidence contentions.
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10 September 2024 |
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Failure to exhaust the section 62 Municipal Systems Act internal appeal barred a PAJA review of a municipal tender award.
Municipal Systems Act s62 – internal appeal against decisions taken under delegated or sub‑delegated authority; PAJA s7(2) – requirement to exhaust internal remedies; distinction between original and delegated authority of Municipal Manager; accrual of rights and effect on appeals; exemption under PAJA s7(2)(c).
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10 September 2024 |
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Plaintiff unlawfully arrested and detained; awarded R725,000 plus R154,180.40 for future psychiatric care, interest and costs.
Administrative law – State liability – Compliance with s3 notice under Institution of Legal Proceedings Against Certain Organs of State Act – Proper service and representation by State Attorney – Unlawful arrest and detention – Quantum for deprivation of liberty and future psychiatric care – Interest from date of demand – Correction of patent judgment errors under Rule 42(1)(b).
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10 September 2024 |
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Eviction under PIE justified despite occupiers’ vulnerabilities; owner’s compliance with s4 and deponent’s authority established; three months to vacate.
Property law – PIE evictions – compliance with s4 notices; authority of deponent to founding affidavit; just and equitable enquiry balancing occupiers’ vulnerability and owner’s property rights; eviction with reasonable vacating period; costs awarded.
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9 September 2024 |
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Matter referred for oral evidence to determine if a universal partnership entitles the applicant to maintenance and inheritance.
Family/partnership law – universal partnership – whether parties lived in relationship amounting to universal partnership entitling applicant to share in estate and maintenance. Civil procedure – disputes of fact on motion – referral to oral evidence under Rule 6(5)(g). Procedure – condonation for late affidavit – requirements for reasonable explanation and bona fide conduct.
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6 September 2024 |
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Circumstantial evidence and admissible prior statement upheld; conviction and three‑year sentence affirmed.
Criminal law – Circumstantial evidence – holistic evaluation and inferences; Hearsay/prior statement – admissibility of prior statement of hostile witness (S v Ndhlovu); Trial fairness – judicial intervention and recusal standards; Criminal procedure – section 174 discharge; Sentencing – Zinn triad, previous convictions/parole and appropriateness of custodial sentence.
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6 September 2024 |
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Application for R5.6m under four instalment sale agreements referred to trial due to disputes on prescription, quantum and agent’s authority.
Civil procedure – motion proceedings where disputes of fact arise – Rule 6(5)(g) referral to trial; prescription – when cause of action accrues in instalment sale agreements and effect of addendums; agency and authority – requirement to identify contracting representative (Rule 18); Rule 41A – mediation notice non-compliance and prejudice; certificates of balance and liquidity of claim.
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6 September 2024 |
| August 2024 |
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The plaintiff’s claim was dismissed after the court found the plaintiff negligent for turning across oncoming traffic; liability separated from quantum.
Road Accident Fund claims; Rule 33(4) separation of liability and quantum; negligence and contributory negligence in intersection collisions; service of court documents by electronic mail requires written consent; Regulation 3 (RAF) jurisdictional pleas.
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30 August 2024 |