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Citation
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Judgment date
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| June 2024 |
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Appellate court found reliance on an unproven prior conviction was a material misdirection but confirmed life imprisonment on reassessment.
Criminal law – Sentencing – Trial court’s material misdirection by relying on unproven previous conviction (pre-sentence report) – Section 271 Criminal Procedure Act – Appellate court entitled to consider sentence afresh – Rape of a young child; life sentence; ancillary orders (sex-offenders register; firearm unfitness).
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27 June 2024 |
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Provisional liquidators entitled to spoliation relief; intervenor’s challenge based on disputed contract cancellation dismissed.
Companies law – provisional liquidators’ locus standi; Spoliation (mandament van spolie) – requirements of possession and wrongful deprivation; Urgency – when spoliation proceedings must be determined notwithstanding related contractual disputes; Intervention – inadmissible where founded on disputed contract cancellation; Costs – intervenor ordered to pay including two counsel.
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27 June 2024 |
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Default judgment set aside where service was ineffective; applicant granted leave to defend and respondent ordered to pay costs.
Default judgment – rescission under Rule 42(1)(a) – ineffective service/domicilium dispute – condonation for late application – bona fide defence sufficient to grant leave to defend – costs awarded to applicant.
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27 June 2024 |
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Proceedings reviewed and set aside due to absent record and unexplained, irregular amendment of sentence, vitiating conviction and sentence.
Criminal procedure – review – gross irregularity – absent or incomplete record and unexplained change of sentence (two J15s) – non-compliance with s76(3)(a) and s298 CPA – proceedings vitiated; deportation-order issue academic.
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27 June 2024 |
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Condonation granted; appeal against life sentence for multiple rapes dismissed—absence of physical injury is not substantial and compelling.
Criminal law – sentencing – prescribed life imprisonment for rape committed more than once – appellate interference limited to cases of misdirection or failure of justice. Sentencing considerations – substantial and compelling circumstances; absence of physical injury does not constitute substantial and compelling circumstances. Sentencing factors – prior convictions and lack of remorse weigh against mitigation. Procedure – condonation for late noting of appeal granted where delay attributable to obtaining transcript and Legal Aid processes.
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26 June 2024 |
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Quantum fixed: past and future loss R2,321,000; general damages R800,000; RAF to furnish s17(4)(a) undertaking; past account postponed.
Motor-vehicle collision – quantification of damages – admission of expert reports on affidavit (Rule 38(2)) – actuarial contingencies accepted (11% past, 31% future) – award of past and future loss of income – award of general damages – section 17(4)(a) undertaking for future medical expenses – unproven past medical account postponed.
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24 June 2024 |
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Oral and vaginal penetration closely linked in time constituted a single rape; life sentence substituted with 15 years and cumulative sentence adjusted.
Criminal law – Sexual offences – Whether oral and vaginal penetration closely linked in time and sequence constitute separate rapes or a single continuing rape – Proof required for ‘rape more than once’ to trigger life sentence under Part I Schedule 2 of CLAA; concurrence and sentencing adjustments; trial court misdirection and improper language in judgment.
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24 June 2024 |
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Applicant’s urgent interdict struck for want of urgency where material factual disputes existed and substantial redress in ordinary litigation was available.
Procedural law — urgency — applicant must demonstrate why relief cannot be obtained in ordinary course; delay and inadequate protective steps undermine urgency. Interim interdict — requirements and suitability in presence of disputes of fact and where substantial redress may be available in ordinary litigation. Contract — existence and terms of alleged verbal agreement (sole/exclusive contractor) are factual disputes not resolvable on paper. Mining law — holder of mining right versus contractual arrangements with prospective contractors; funding and rehabilitation guarantee issues.
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24 June 2024 |
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Appeal upheld: holding-over damages not proved; reinstatement claim incompetent as damages in lieu of performance (ISEP).
Lease — holding over — evidentiary onus and spoliation; Lease — reinstatement obligations — claim for objective value of performance (damages in lieu of specific performance) incompetent under ISEP; Pleadings — remedy must be specific performance or ordinary damages; Costs — appeal costs to respondent.
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21 June 2024 |
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Police liable for assault and unlawful arrest; R100,000 and R60,000 awarded with interest and costs.
Police liability – Assault and unlawful arrest and detention – absence of plea shifts onus to State to justify conduct – plaintiff’s photographs admissible as corroboration – quantum of solatium assessed having regard to brutality, duration of detention and comparative authorities – costs and interest awarded.
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21 June 2024 |
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Interim Rule 43 maintenance and legal‑cost contribution ordered after respondent’s inadequate financial disclosure and applicant’s demonstrated need.
Family law – Rule 43 interim maintenance – determination of reasonable and necessary maintenance having regard to parties’ standard of living and financial disclosure; adverse inference for non‑disclosure; contribution towards litigation costs to ensure equality of arms; custody, primary residence and contact arrangements.
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21 June 2024 |
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An incomplete trial record that prevents proper appellate review infringes the right to appeal; conviction and sentence were set aside.
Criminal procedure – Incomplete trial record – Missing witness evidence and trial judgment – Right to appeal under s 35(3)(o) Constitution – Where record inadequate for proper consideration of appeal conviction and sentence ordinarily set aside; retrial discretionary.
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21 June 2024 |
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Bail refused: strong State case and real risk of witness interference made release not in the interests of justice.
Bail — Schedule 6 offences — interest of justice test; strength of State case (identification parade, cellphone records); weight of oral evidence v untested affidavits; investigation finalised and risk of witness interference; limited role of s63A/prison overcrowding in bail decisions.
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20 June 2024 |
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Unlawful warrantless arrest and overnight detention without justification entitled the plaintiff to R60,000, interest and costs.
Police and constitutional law – Arrest without warrant prima facie unlawful; burden on State to justify arrest; unlawful overnight detention (≈22 hours) in unsanitary overcrowded cell; damages awarded (R60,000); interest from date of summons; costs on party-and-party High Court Scale B.
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20 June 2024 |
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Appeal against lengthy sentences for violent robbery, attempted murder and sexual offences dismissed; no material misdirection in sentencing.
Criminal law – Sentencing – appeal against sentence – exercise of sentencing discretion – substantial and compelling circumstances – mandatory minima (Criminal Law Amendment Act) – pretrial detention as factor, not mathematical credit – concurrency of sentences (s 280 CPA) – sexual offences and robbery with aggravating circumstances.
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20 June 2024 |
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Court refused to wind up two close corporations, finding no just and equitable deadlock and leaving a section 36 counterclaim undecided.
• Companies/Close corporations – winding‑up – just and equitable ground – deadlock principle derived from partnership analogy – requires breakdown of trust/confidence making continuation impracticable.
• Effect of compromise/transactio or buy‑out offers on liquidation applications – may negate deadlock by providing alternative remedy.
• Defences considered: lis alibi pendens and locus standi; procedural compliance with Companies Act proof of service requirements and rule nisi extensions.
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19 June 2024 |
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Applicant failed to prove prima facie right or irreparable harm; interim interdict against mining was discharged and costs awarded to respondents.
Interim interdicts – requirements (prima facie right; irreparable harm; balance of convenience; no adequate alternative) – Mineral and Petroleum Resources Development Act s54 disputes – distinction between production certificates and dispatch summaries – availability of audit trail and appointment of surveyor as alternative remedies – judicial discretion to refuse interim suspension of mining operations.
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19 June 2024 |
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A procedurally defective Rule 30/30A notice attempting unilateral removal of an opposed application was void and set aside.
Civil procedure – Uniform Rule 30 / 30A – Irregular proceedings – Unilateral removal from roll – Practice Directive 14 (heads of argument) – Procedural non-compliance – Void ab initio – Duty of legal practitioners to the court – Costs de bonis propriis.
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18 June 2024 |
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Condonation granted; life sentence for multiple/group rape upheld as proportionate and not vitiated by misdirection.
Criminal law — Sentencing — Minimum sentences — Section 51 CLAA and Schedule 2 — Multiple rapes/rape by more than one person may attract life imprisonment; substantial and compelling circumstances must be established cumulatively to justify deviation; appellate interference only where material misdirection or a disturbingly inappropriate sentence exists. Condonation for late noting may be granted in interests of justice where record defects are not material.
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13 June 2024 |
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Whether the applicant may interdict the respondents from using and divulging its confidential business information.
Confidential information/trade secrets – protection by interdict – former employee’s possession, disclosure and use of employer’s business model, pricing, suppliers and client lists; urgency under rule 6(12); limited temporal and territorial interdiction; refusal to strike out replying affidavit material.
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11 June 2024 |
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Leave to appeal refused; provisional liquidation confirmed despite original applicants' withdrawal; intervening creditors may persist.
Company law – winding‑up – provisional liquidation: withdrawal by original applicants does not automatically discharge provisional order; only court may discharge – intervening creditors entitled to intervene and persist – leave to appeal requires reasonable prospect of success under s 17(1) Superior Courts Act – onus and discretion in confirmation of final winding‑up orders.
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11 June 2024 |
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Insufficient legal-representation explanation, improper plea and sentencing procedures, and incorrect firearms enquiry; conviction and sentence set aside.
Criminal procedure – review under s302(1)(a) – inadequate explanation of right to legal representation; plea inquiries – s112(1)(b) – inadmissible leading questioning; sentencing – reliance on SAP69 and correctional-services suitability report without enquiry; mitigation rights – s274 – duty to assist undefended accused; Firearms Control Act – s103(1) vs s103(2) – requirement to invite accused to place facts; cumulative procedural irregularities vitiate conviction and sentence.
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7 June 2024 |
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Court awarded R2,865,078 for negligent hip replacement, relying on joint expert findings and granting costs on Scale B.
Medical negligence — quantum assessment for past and future loss, future revision surgery causation (accelerated by negligent primary surgery v. normal wear) — reliance on joint expert reports and joint minutes admitted by agreement — actuarial calculations with 10% contingency on past loss — use of median where experts differ — general damages assessment — party-and-party costs on Scale B including specified expert and trial costs.
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7 June 2024 |
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Applicant failed to prove exceptional circumstances for bail in Schedule 6 human‑trafficking charges; appeal dismissed.
Criminal procedure – Bail – Schedule 6/section 60(11)(a) – Onus on accused to prove exceptional circumstances on balance of probabilities; State may place broad investigative material before court – Human trafficking offences – Flight risk assessed by travel history and access to fraudulent documents – Appeal court will not upset magistrate’s discretion unless wrong.
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6 June 2024 |
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Plaintiff awarded damages for unlawful arrest, detention and assault; Minister held vicariously liable, interest and costs awarded.
Unlawful arrest and detention; assault; vicarious liability of Minister of Police for actions of SAPS members; onus on state to justify arrest/detention/use of force; assessment of solatium for deprivation of liberty and bodily integrity; interest from service of summons; costs on party‑and‑party scale.
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6 June 2024 |
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State held fully liable for unlawful arrest and 19-day detention; R545,000 awarded with interest and costs.
Unlawful arrest and detention; burden on State to justify deprivation of liberty; vagueness of charge; damages for 19 days' detention including contumelia; assessment of quantum.
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6 June 2024 |
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Assessment of loss of earnings where plaintiff was long-term unemployed pre-accident; actuarial award reduced by fair contingencies.
• Road Accident Fund – assessment of loss of earning capacity – actuarial versus robust approaches – application of contingencies where plaintiff was unemployed pre-accident; • Admissibility of expert evidence on affidavit (Rule 38(2)); • Quantum – medical evidence of impairment to left hand, wrist and thumb affecting capacity for heavy manual work; • Interest and costs including expert fees; • Referral of general damages to Health Professions Council of South Africa.
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6 June 2024 |
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Business rescue was not properly "made" so liquidation duties and lawful insolvency enquiries by liquidators continued.
Companies law; business rescue — meaning of "made" under s131(6) and its effect on liquidation; provisional liquidators’ duties not suspended; Insolvency Act ss19 and 69 — attachment and search warrants; locus standi of applicants to complain on behalf of third parties; interim interdict requirements.
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5 June 2024 |
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Leave to appeal dismissed for lack of reasonable prospect of success in challenge to municipal procurement and appointment.
Leave to appeal – s 17(1)(a) Superior Courts Act – reasonable prospect of success required. Municipal procurement – deviation permitted under s 110(2) of the Local Government: Municipal Finance Management Act. Judicial review – non‑disclosure of records, absence of council resolution, lack of funding proof and alleged unqualified personnel require specific evidence to succeed. Costs – unsuccessful applicant ordered to pay costs on Scale B.
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4 June 2024 |
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The accused’s bail was cancelled and forfeited for serious breaches including contacting minors and detained state witnesses.
Criminal procedure – Bail – Section 66 CPA – Cancellation of bail for breach of conditions; Standard of proof: balance of probabilities and fault; Evidence: CCTV and witness affidavits corroborate visits to holding cells; Interference with witnesses and contact with minor children constitute serious breaches; Judicial discretion to forfeit bail money not negated by third-party payment.
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3 June 2024 |
| May 2024 |
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Appeal dismissed; intermediary appointment adequate and life sentence upheld as appropriate.
Criminal appeal; condonation for late noting; appointment and competence of intermediaries (s170A CPA and Government Notice R663); registration with South African Council for Educators; s170A(5) admissibility/safeguard where intermediary not fully qualified; standard of appellate review on credibility and fact-finding; minimum prescribed sentence (s51 CLAA) and substantial and compelling circumstances (Malgas, Matyityi, Maila).
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31 May 2024 |
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Reported
The applicant’s urgent interdict to halt transfer under an SCA‑affirmed pre‑emptive sale was refused.
Property law – right of pre‑emption – interpretation of SCA order – interim interdict – urgency and condonation – reciprocity clause dispute (clauses 2(d) and 2(e)) – executor of deceased estate – transfer of immovable property – costs (two counsel).
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28 May 2024 |
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Application to enforce prior urgent orders struck from roll for lack of urgency; applicants ordered to pay costs.
Civil procedure – Urgent applications – Rule 6(12) – Requirement to demonstrate absence of substantial redress at a hearing in due course – Urgency fact-specific and not transferable across proceedings. Appeals – Section 18(3)–(4) Superior Courts Act – Effect of invoking urgent appeal procedure and suspension of orders. Abuse of process/vexatious litigation – Allegations must be grounded in urgency and proper evidence; prior urgent orders do not automatically justify fresh urgent relief. Professional conduct – Duty of officers of the court to maintain decorum; disrespectful correspondence with the Judge President condemned. Costs – Usual costs order where urgent relief not established: applicants ordered to pay costs.
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27 May 2024 |
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Executrix’s interdict application dismissed for abandonment and failure to prove a clear right or interference.
Civil procedure – dismissal for want of prosecution – abandonment by applicant through non-appearance and non-compliance with practice directives. Interdict – requirements for final interdict: clear right, act of interference, no alternative remedy (Setlogelo; Ellaurie). Evidence – application of Plascon-Evans principle when disputing affidavits. Executors – locus and entitlement to interdictory relief must meet ordinary interdict requirements.
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27 May 2024 |
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Section 164(1) enquiry was proper and the single child witness’ corroborated evidence sufficed to uphold the rape conviction.
Criminal law – Rape – Conviction upheld on single child witness evidence corroborated by siblings and J88 medical report; Section 164(1) CPA – child admonishment/enquiry – no need for abstract understanding of 'truth', only capacity to relate what happened; Credibility – minor contradictions immaterial; Cautionary rule – guide, not decisive.
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24 May 2024 |
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Bar uplifted for good cause and bona fide defence; plea filed while barred was an irregular step but not struck.
Rule 27 – upliftment of bar – good cause requires reasonable explanation for delay and a bona fide defence; Rule 30 – filing of plea while ipso facto barred is an irregular step; Affidavits – deponent must demonstrate personal knowledge; Costs – costs in the cause where parties have mixed success.
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23 May 2024 |
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Conversion and amended allocatur validate execution; remittal unnecessary and writ not a nullity, no prejudice shown.
Civil procedure – Execution – Writ issued after taxation partly set aside on review – No requirement to remit bill to Taxing Master where writ reflects reduced amount; subsequent allocatur cures irregularity. Civil procedure – Change of party status – Conversion/substitution of claimant under court order and Rule 15(1) permits continuation of proceedings; writ not rendered a nullity. Costs – No basis for punitive costs; costs follow result (Scale B).
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21 May 2024 |
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Court fixed a 15% contingency on future medical costs, rejecting a higher deduction based on applicant’s non‑citizen status.
Personal injury — quantification of damages — future medical and hospital expenses — contingency deduction — normal range 15–20% — departure requires special circumstances; peregrinus status not lawful basis for higher contingency; payment into trust and preservation for minor.
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16 May 2024 |
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Urgent spoliation and final-interdict relief granted to purchaser: tenant’s livestock constituted dispossession and must be removed.
Civil procedure – Urgent application – balancing urgency where purchaser caught in dispute between vendor and former tenant. Spoliation – restoration of undisturbed possession – presence of livestock and left movable property does not necessarily amount to continued possession. Interdict – requirements for final interdict (clear right, apprehension of irreparable harm, no alternative remedy) satisfied; coercive powers to remove livestock and store movables at respondent’s cost. Movable property left behind pursuant to termination agreement does not confer possession of immovable property.
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14 May 2024 |
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Acting Kgosi exclusively entitled to convene traditional community meetings; unauthorised members interdicted from convening meetings or administering funds.
Traditional leadership – Certificate of Recognition – Acting Kgosi validly recognised and only Premier may withdraw recognition; Exclusive statutory power of Kgosi/Acting Kgosi to convene traditional community meetings (s18(1)(g)); Traditional Council exclusively empowered to administer community finances (s9); Interdict requirements satisfied (clear right, irreparable harm, no alternative remedy); Semi-urgent proceedings appropriate.
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14 May 2024 |
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Appellant's convictions for ATM bombing-related offences, common-purpose murder and joint possession of weapons were upheld on circumstantial evidence.
Criminal law – circumstantial evidence – assessing totality of proved facts and alternative inferences; Common purpose – dolus eventualis – foreseeability of lethal resistance during armed robbery; Joint possession of firearms and explosives – requirements and application; ATM bombing and subsequent shootout with police – attribution of deaths to co-perpetrators.
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9 May 2024 |
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Leave to appeal refused as spoliation appeal rendered moot by contract expiry and not in the interests of justice.
Spoliation — mandament van spolie — possession versus access; leave to appeal — Superior Courts Act s17 — mootness by effluxion of time — interest of justice factors (Paulsen; Agribee); execution of spoliation not suspended absent s18(2) order.
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7 May 2024 |
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Assessment of applicant’s future loss of earnings by actuarial method with appropriate contingencies following ankle injury.
Road Accident Fund – assessment of loss of earning capacity – actuarial calculation preferred where career/income details available – selection of appropriate scenario and contingencies. Personal injury – chronic ankle injury reducing capacity for prolonged standing/walking – relevance of multidisciplinary expert evidence.
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7 May 2024 |
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Court awards R3,923,536 for severe cerebral palsy injuries, directs trust management and detailed costs order.
Personal injury — cerebral palsy (GMFCS Level 5) — quantum: general damages and loss of earning capacity — expert evidence admitted as hearsay — capital award to be paid into trust; trustee security and limited administration fees — costs and taxation directions.
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6 May 2024 |
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Applicants failed to show sequestration would advantage creditors and did not make full and frank disclosure; applications dismissed.
Insolvency – Voluntary surrender – Substantive requirements s6 Insolvency Act – Advantage to creditors must be shown; full and frank disclosure required – Abuse of process where applicants re-litigate previously dismissed surrender applications – Alternatives under NCA and private sale should be considered.
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2 May 2024 |
| April 2024 |
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The respondent is 100% liable for the applicant’s injuries from a SAPS rubber-bullet assault.
Police liability – Assault by SAPS members – Use of force (rubber bullets) – Causation and justification of force – Default procedure and failure to plead – Condonation dismissed – Separation of merits and quantum under Rule 33(4) – Costs ordered against State.
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30 April 2024 |
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Summary judgment refused where guarantee dating and disputed interest/payments raised genuine triable issues.
Summary judgment — Rule 32 — interpretation of Deed of Suretyship and Facility Letter — accessory obligations and supersession — validity and dating of guarantees — disputed post-liquidation payments and interest computation — bona fide triable issues.
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25 April 2024 |
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Seven-day late summary-judgment filing refused where applicant failed to show good cause, credible explanation, or prospects of success.
Condonation – summary judgment (Rule 32) – late filing – good cause – credibility and completeness of explanation – prospects of success – abuse of process – compliance with Uniform Rules of Court.
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22 April 2024 |
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Divorce in community of property: equal pension division, set-off for prior payout and arrear child maintenance; house to plaintiff.
Divorce — marriage in community of property — division of joint estate — pension interests deemed part of assets — entitlement to one half of spouse’s pension interest at date of divorce; forfeiture of pension interest requires gross, repugnant conduct; set-off and accounting for prior pension payouts and unpaid child maintenance; child maintenance (ongoing and arrears); award of primary residence and joint parental responsibilities; contribution to municipal rates and children’s medical and educational costs.
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17 April 2024 |
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Appellate court set aside magistrate's order of consecutive life sentences as legally erroneous and ordered concurrency.
Criminal law – Sentencing – Prescribed minimum sentences (s51 Criminal Law Amendment Act) – Substantial and compelling circumstances – Irregularity where court orders multiple life sentences to run consecutively – Appellate interference justified.
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16 April 2024 |