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Citation
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Judgment date
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| July 2025 |
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Court upholds directors' power to rescind winding-up orders independently under common law.
Company Law – Locus Standi – Directors' residual powers to rescind winding-up orders – Section 354(1) Companies Act – Common law application for rescission.
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15 July 2025 |
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Court invalidated a tender cancellation due to procedural errors under PAJA guidelines, restoring the original tender outcome.
Administrative law – setting aside administrative action – appropriate procedure under PAJA – declarator improperly used to challenge administrative decision.
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15 July 2025 |
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Supreme Court of Appeal found sheriff's delay non-contemptuous; adhered to legal rights within appeal timeframe.
Civil procedure – Contempt of court – Compliance with court orders – Intent to appeal within statutory timeframe.
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15 July 2025 |
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Tax court jurisdiction affirmed for appeals on VAT apportionment method approval refusals by the Commissioner.
Tax law – VAT – Obligation of Commissioner to approve apportionment method for input tax deduction – Appealability of refusals under section 32(1)(a)(iv) of VAT Act.
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8 July 2025 |
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The court remits a customary dispute about royal family composition for oral evidence to determine acting Bapedi monarch.
Customary Law – Traditional Leadership – Identification of acting king or queen – Bapedi custom – Royal family composition and decision-making process.
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7 July 2025 |
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The court confirmed Woolworths Holdings' entitlement to input tax deduction and overturned SARS' imposition of penalties.
Tax law – VAT deductions – Understatement penalties – Deductible input tax for enterprise-related services – Import vs. non-import services distinction.
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4 July 2025 |
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Enforceability of franchise agreement's post-termination provisions under the Consumer Protection Act.
Contract law - Franchise agreements - Enforceability of post-termination provisions; Unlawful competition - Use of intellectual property post-termination.
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4 July 2025 |
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Payment after liquidation disregarded concursus creditorum, requiring repayment to liquidators.
Insolvency - concursus creditorum - liquidation effects on mandates in business sale agreements - authority termination post-liquidation.
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2 July 2025 |
| June 2025 |
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Directors cannot appoint attorneys for a company under business rescue without practitioner approval.
Company Law – Business Rescue – authority of directors versus business rescue practitioners – attorney representation in litigation.
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30 June 2025 |
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The application for reconsideration due to alleged legal misapplication and disproportionate damages fails for lack of exceptional circumstances.
Civil procedure – reconsideration of refused petition – exceptional circumstances – Superior Courts Act s 17(2)(f) – malicious prosecution – damages award.
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24 June 2025 |
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Trademark infringement not equivalent to counterfeiting without deliberate intent to deceive.
Trademark Law – Counterfeit Goods Act – Definition of counterfeiting – Intent to deceive required – Trademark infringement versus counterfeiting.
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23 June 2025 |
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20 June 2025 |
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General damages for pain and suffering denied for unaware child; special damages sufficiently address care needs.
Delictual law – General damages – Unconscious minor claimant with cerebral palsy – Award for pain and suffering – Awareness as a criterion for non-pecuniary damages.
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20 June 2025 |
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20 June 2025 |
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12 June 2025 |
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12 June 2025 |
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Application for reconsideration of special leave to appeal struck off; no exceptional circumstances proved.
Criminal Procedure – Theft – Special leave to appeal – Reconsideration under s 17(2)(f) – Absence of exceptional circumstances.
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12 June 2025 |
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12 June 2025 |
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11 June 2025 |
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11 June 2025 |
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10 June 2025 |
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10 June 2025 |
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Application for reconsideration of petition refusal dismissed due to lack of exceptional circumstances and substantive legal issues.
Contracts – simulated transactions – National Credit Act – exceptional circumstances under s 17(2)(f) of the Superior Courts Act – reconsideration of petition refusal.
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9 June 2025 |
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6 June 2025 |
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5 June 2025 |
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5 June 2025 |
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4 June 2025 |
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4 June 2025 |
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4 June 2025 |
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2 June 2025 |
| May 2025 |
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30 May 2025 |
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30 May 2025 |
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30 May 2025 |
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30 May 2025 |
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29 May 2025 |
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29 May 2025 |
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28 May 2025 |
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26 May 2025 |
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23 May 2025 |
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Prescription began on notifying ATS of cession invalidity, not on later legal rulings.
Unjustified enrichment – Prescription Act – commencement of prescription – exception for legal practitioners' negligence – applicability to non-legal claims.
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20 May 2025 |
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The court enforced on-demand guarantees, highlighting their autonomy from underlying contracts, dismissing defenses of fraud, and unconscionability.
Contract Law – on-demand guarantees – autonomy from underlying contracts – defenses of fraud and unconscionability – enforceability of demands.
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20 May 2025 |
Contempt of court – requirements restated – whether conduct met requirements – Co-operatives Act 14 of 2005 – s 72 (1) – whether competent to rely on a different cause of action after initial provisional order discharged per agreement. |
16 May 2025 |
Criminal law – whether the appellant was arrested and abducted in Tanzania by members of South African Police Service – matter decided on respondents’ version – appeal dismissed.
Pleadings – matter to be decided on notice of motion and founding affidavit – impermissible to make out case in reply – case on pleadings not made out. |
16 May 2025 |
Company Law – directors’ resolution – attack on basis of failure to comply with s 74 of Companies Act 71 of 2008 (the Act) – notice given – s 74 complied with.
Company Law – directors’ resolution – attack on basis that resolution taken for improper purposes – test – dominant purpose to benefit company – proper purpose established – subsidiary purpose no basis to set aside.
Company Law – directors’ resolution – attack that no rational basis for resolution – subjective test – directors had reasonable belief that rational – case not made out.
Company Law – attack on resolution on basis that it constitutes oppressive conduct – s 163(1)(a) of the Act – exceptional circumstances not shown.
Company Law – declaration of delinquency of director – s 162 of the Act – evidence for – no material factual disputes on essential issues – multiple breaches of fiduciary duty – case of delinquency made out.
Company Law – resolution in 1998 giving rise to invalid share issue – s 97 of Companies Act 61 of 1973 – discretion of high court to validate invalid share issue – strict discretion – properly exercised – no basis for appeal court to set aside. |
14 May 2025 |
Extension of Security of Tenure Act 62 of 1997 – Section 2(1)(a) – property within a township but designated for agricultural purposes – occupiers entitled to protections afforded under the Act. |
14 May 2025 |
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14 May 2025 |
Practice and procedure – special leave to appeal -refusal by two judges of the Supreme Court of Appeal (SCA) – s 17(2)(f) of the Superior Courts Act 10 of 2013 – referral of order refusing special leave to appeal for reconsideration and, if necessary, variation. Appeal – application for special leave to appeal to the SCA – requirements for grant thereof – test not satisfied by establishing existence of only reasonable prospects of success but existence of exceptional circumstances also required – sentence – whether discretion exercised judicially – exceptional circumstances not proven – custodial sentence appropriate. |
13 May 2025 |
Criminal Law and Procedure – s 93ter(1) of the Magistrates’ Court Act 32 of 1944 – appellant legally represented – record stating no assessors required – compliance with s 93ter(1) – s 316(5) of the Criminal Procedure Act 51 of 1977 – leave to adduce new evidence on appeal – State witness recanting evidence – no reasonably acceptable explanation for not producing evidence at trial – appeal dismissed. |
12 May 2025 |
Company in business rescue – whether tax liability arising from additional assessment raised by Commissioner for South African Revenue Service (SARS) after commencement of business rescue is a pre- or post-commencement debt – whether such liability may be set off against VAT credit which became due to the company by SARS after the company was placed in business rescue. |
12 May 2025 |
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Antenuptial contract declarations of estate value are binding unless contested by common law grounds.
Matrimonial Property – Antenuptial contract declarations – Binding nature – Section 6(3) interpretation – Accrual system rights.
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9 May 2025 |
