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Citation
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Judgment date
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| December 2019 |
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Reported
The applicant’s emotional shock causing a recognisable psychiatric injury is compensable; grief alone without psychiatric lesion is not.
Amicus curiae – admission test and conflict of interest; Delict – emotional shock actionable only with a recognisable psychiatric injury; Grief/bereavement without psychiatric lesion not compensable at common law; Development of common law under s 39(2) – not required here; Constitutional damages – not awarded where common‑law relief fully compensates and public funds better used for systemic remedies; Declaratory relief – discretionary and refused where it would serve no useful purpose; Future medical expenses – allowed despite pleading oversight.
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18 December 2019 |
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Reported
Whether bail pending appeal should be granted where leave to appeal was granted and flight risk concerns exist.
Criminal procedure – bail pending appeal – interests of justice under s 60(11)(b) – effect of grant of leave to appeal on prospects of success – assessment of flight risk under s 60(6) (ties, assets, travel documents, extradition, sentence severity) – appropriate bail conditions and security.
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18 December 2019 |
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Reported
A respondent's reference to a 'legal review' does not trigger disclosure; financial audit reports obtained for analysis are disclosable.
Discovery – Rule 35(12): reference must be to a specific document in affidavits/pleadings; process references insufficient; Legal advice privilege – advocates’ opinions are privileged and limited disclosure of their conclusion does not necessarily waive privilege; Waiver: implied/imputed waiver requires objective conduct inconsistent with maintaining confidentiality and unfairness to the other party; Litigation privilege: document must be obtained for the purpose of legal advice/anticipated litigation – audit reports obtained for financial analysis are not privileged (Arcelormittal test).
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13 December 2019 |
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Reported
Errors in warranty forms do not render extended-warranty charges unlawful; optional club fees are not a cost of credit.
National Credit Act – ss 100, 101(1)(a), 102(1) – cost of credit – extended warranties permissible as item in deferred principal where substantively honoured; clerical defects in written warranty forms do not automatically void the warranty; rectification and extrinsic evidence admissible. Club membership fees – separate optional contract – not 'cost of credit' and not prohibited. Tribunal jurisdiction – possible limitation by ss 90(4) and 164(1) that only a court may declare certain credit-agreement provisions unlawful (left open). Procedure – appeals to SCA from high court on appeal under s 148(2)(b) ordinarily require leave from high court under s 16(1)(a) of Superior Courts Act; SCA may condone irregularity in special circumstances.
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13 December 2019 |
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Special leave to appeal dismissed where reliable DNA and credible child identification left no reasonable prospects of success.
Criminal procedure – special leave to appeal – test is reasonable prospects of success; Forensic evidence – DNA matching and chain of custody – reliability and absence of contamination; Evidence – identification by single child complainant and application of cautionary rule; s 309C petition and s 16(1)(b)/s 17(2)(f) of the Superior Courts Act considered.
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11 December 2019 |
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Reported
The applicant’s contingent right to indemnity does not accrue, and prescription does not commence, until liability and quantum are fixed.
Insurance law – liability insurance – indemnity against third‑party claims – contingent right to indemnity accrues only when liability and quantum are fixed; prescription runs from that date. Prescription Act – debt ‘due’ – a contingent claim is not a debt until legal liability to pay a fixed sum exists. Declaratory relief – permissible for contingent rights but does not make the contingent claim a debt for prescription purposes.
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10 December 2019 |
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Reported
s 24C requires income and future expenditure to arise from the same contract; loyalty‑card vouchers did not qualify.
Income tax – s 24C – allowance for future expenditure – requirement that income and future expenditure arise from the same contract – loyalty/ClubCard contracts distinct from sale contracts – ordinary cost of sales not qualifying expenditure.
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3 December 2019 |
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Reported
Court upheld remittal with directions to recalculate the MCEP grant using the pool account method, dismissing the appeal.
Administrative law – PAJA remedies – s 8(1)(a)(ii) remedial power to remit with directions; substitution under s 8(1)(c)(ii)(aa) is extraordinary. Remittal v substitution – courts should usually remit, but may give directions where remittal would be futile or unfair. MCEP grants – calculation of Manufacturing Value Added (MVA) – no single prescribed method; pool account method may be appropriate for cooperative-style entities. Motion proceedings – requirement to seriously and pertinently meet adversary’s factual averments; bare denials insufficient (Plascon‑Evans/Wightman principles).
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3 December 2019 |
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A divorce award of 'pension fund' interest includes rights in both pension and provident sections of the same fund.
Divorce Act s 7(7) and (8)(a) – meaning of 'pension fund' – Pension Funds Act 'pension fund organisation' includes pension and provident funds – interpretation of divorce orders awarding pension interest – joinder of fund unnecessary where order falls within ss 7(7)/7(8).
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3 December 2019 |
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The applicant municipality was held liable for a rape at its resort due to inadequate security; damages were reduced.
Delict — Negligence — Duty of care of an organ of state operating a recreational facility — foreseeability of third‑party criminal conduct; adequacy of security measures (staffing, patrols, access control). State liability — constitutional obligations to protect rights to dignity and safety; resources relevant but not relied upon. Contribution — parental liability for harms to an adult with intellectual impairment — limits where reliance on facility security is reasonable. Quantum — review of globular award for pain, suffering and contumelia; appellate reduction where award exceeds what was sought and comparable precedents.
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3 December 2019 |
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Identification of multiple alternative vehicles does not "establish" owner identity; late claim prescribed under regulation 2(1)(b).
Road Accident Fund – s 17(1) interpretation – meaning of "established" – identification of owner/driver; unidentified-vehicle claims – application of regulation 2(1)(b) two-year prescription; evidentiary threshold for linking specific vehicle to injury; distinction from alternative/joint pleading where identities are established.
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2 December 2019 |
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A hypothetical WhatsApp message was not an offer and did not create a binding contract.
Contract formation – electronic communication – whether a WhatsApp hypothetical statement constituted an offer animo contrahendi; objective manifestation of intention; animus contrahendi; quasi‑mutual assent (reliance theory); acceptance by conduct (issuing summons).
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2 December 2019 |
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Reported
Return of seized firearms refused because criminal proceedings were pending and s 102 FCA does not displace s 31(1)(a) CPA.
Criminal procedure – seizure and return of articles – s 31(1)(a) Criminal Procedure Act – requirement that no criminal proceedings are pending or likely – onus on applicant to show no proceedings; State must show unlawful possession; Firearms Control Act s 102 does not displace CPA return regime.
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2 December 2019 |
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Appellate court upheld trial finding that a written constitutional nomination appointed a single successor; appeal dismissed with costs.
Church succession — applicability of governing instruments (constitution v trust deed) — effect of written nomination as appointment — appellate review of trial court factual findings — role of amicus curiae — costs discretion.
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2 December 2019 |
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Reported
A clause requiring mutual agreement on rental for a renewal is void for vagueness, so the lease expired and ejectment was ordered.
Contract law — Lease renewal — Clause requiring parties to 'mutually agree' rental on renewal held to be an unenforceable agreement to agree; arbitration clause not a deadlock‑breaking mechanism; rectification and tacit term defences rejected; lease lapsed by effluxion of time; ejectment ordered.
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2 December 2019 |
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Sustained violent assault established dolus eventualis; murder conviction and sentence upheld.
Criminal law – Murder – Dolus eventualis – Subjective foresight proved by inference from sustained, violent assault; Eyewitness and pathological evidence corroborative; Sentence – substantial and compelling circumstances justified departure from prescribed life imprisonment.
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2 December 2019 |
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Leave to appeal against sentence granted where regional court misdirected and imposed an excessive sentence on a first offender.
Criminal procedure – s 309C petition for leave to appeal against magistrate’s refusal – whether high court erred in refusing leave. Sentencing – misdirection where regional court increased minimum effective sentence without adequate reasons despite first-offender and minor role considerations. Parole – imposition of non-parole period irregular and reviewable. Appeal prospects – reasonable prospects of success on sentence warrant leave to appeal to high court.
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2 December 2019 |
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Omission of minimum-sentence reference in charge sheet does not invalidate trial unless actual prejudice is shown.
Criminal law – minimum sentences (s 51 CLAA) – omission of statutory reference in charge sheet – fair trial enquiry fact-based; prejudice required to vitiate proceedings – special leave to appeal to SCA requires special circumstances.
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2 December 2019 |
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The appellant’s challenge to prescribed minimum sentences was dismissed for lack of substantial and compelling circumstances.
Criminal law – sentence – Minimum Sentence Act (s 51) – absence of substantial and compelling circumstances to depart from prescribed minimums; differentiation of sentences between co-accused justified by youth, cooperation and lack of prior convictions; prior convictions and poor rehabilitation prospects relevant to sentence severity.
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2 December 2019 |
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Reported
The appellants convicted of assault with intent to do grievous bodily harm and kidnapping; sentences reduced to effective five years.
Criminal law – evidence – single witness cautionary rule – trial court’s failure to apply cautionary approach – effect on convictions; Assault – assault with intent to do grievous bodily harm can be constituted by threats and conduct; Kidnapping – unlawful deprivation of liberty established on accuseds’ version; Defeating the ends of justice – destruction of evidence (burning coffin) where accused knew police were investigating; Sentence – appellate court may substitute competent verdicts and re-sentence afresh.
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2 December 2019 |
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Audited financial statements and directors' certification provided prima facie proof that the respondent owed R11,907,092, justifying provisional winding-up.
Companies law – provisional liquidation – reliance on audited financial statements and directors' certificate as prima facie proof of debt in liquidation proceedings. Companies law – intercompany loans and accounting restatements – substance over form where directors deliberately approve statements reflecting liabilities. Companies law – restructuring/netting-off – post-hoc or undocumented arrangements insufficient to extinguish legitimate claims. Companies law – disposition of rights after commencement of winding-up – s 341(2) voids such dispositions.
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2 December 2019 |
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Reported
Reg 29 inquiry invalid where reg 28 investigatory requirements were not followed; most charges fell outside the procurement Code.
Construction law – Code of Conduct under s 5(4) – limited to construction-related procurement and participants in procurement processes. Administrative law – Regulation 28 mandatory investigatory steps required before a valid reg 29 inquiry – non‑compliance invalidates inquiry. Jurisdiction – conduct outside procurement falls beyond s 29/reg 29 inquiries. Procedural fairness – substantial compliance insufficient where statute prescribes specific investigatory procedure.
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2 December 2019 |
| November 2019 |
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A diesel rebate is available only for fuel delivered to, stored and used on the user's premises; declaratory relief was inappropriate on the merits.
Customs and Excise Act s75(1C)(a)(iii) – diesel rebate eligibility requires fuel to be delivered to, stored and used on the user's premises; declaratory relief under s21 Superior Courts Act may be appropriate during audits; statutory interpretation follows ordinary grammatical meaning—absurdity principle not to override clear language.
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29 November 2019 |
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Reported
Typographical errors in charge sheets do not negate minimum-sentence provisions if the accused was adequately informed and understood them.
Criminal law – s 311 CPA – State’s automatic right to appeal on question of law; Minimum-sentence legislation – s 51 CLAA 105 of 1997 – typographical errors in charge sheet; regional court jurisdiction after CLAA 38 of 2007 amendment; fair trial (s 35(3)) – requirement to inform accused of applicable minimum sentence; distinction from S v Ndlovu.
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29 November 2019 |
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Reported
Section 131 makes sections 127(2)–(9) and 128 applicable to repossessed goods; creditors must follow statutory notice and sale procedures.
National Credit Act – interpretation of ss 127, 128 and 131; application of surrender and post‑sale procedures to repossessed goods; notice of estimated value; sale as soon as practicable for best price reasonably obtainable; post‑sale accounting and consumer dispute mechanisms (Tribunal/NCR); limits on court‑imposed pre‑sale sanctions.
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29 November 2019 |
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Appeal dismissed as moot under s 16(2)(a)(i) because the relief sought could have no practical effect.
Municipal procurement – tender cancellation and interim appointment – mootness under s 16(2)(a)(i) of the Superior Courts Act; admission of late evidence of operational change (insourcing); limits of declaratory relief where no practical effect; Allpay does not compel declaration where relief would be ineffectual; costs consequences for failing to mitigate moot appeal.
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29 November 2019 |
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Reported
A warrant issued on unsworn police information is invalid and evidence obtained must be excluded as rendering trial unfair.
Search warrants – Criminal Procedure Act s 21(1)(a) – requirement that information be on oath; search warrant issued on unsworn police statement invalid; seized material inadmissible; admissions induced by erroneous judicial finding compelled and excluded under constitutional fair trial guarantees (s 35(5)); Thint principles (reasonable suspicion, reasonable grounds, judicial consideration) reaffirmed.
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29 November 2019 |
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Reported
Whether unlawful arrest under s 36 produces police liability for subsequent remand; court held a judicial remand broke causation.
Criminal law – Arrest without warrant – s 36 General Laws Amendment Act (failure to give satisfactory account of possession) – requirement of a reasonable suspicion under s 40(1)(b)/(e) CPA – satisfactory account defined; Criminal procedure – First court appearance – magistrate’s bail inquiry and remand – effect on causation and police liability for subsequent detention; Police conduct – omissions (failure to take statement/make docket entries) – when such failures amount to causation of further unlawful detention.
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29 November 2019 |
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A statutory hate‑speech prohibition was found overbroad and vague, unjustifiably limiting freedom of expression.
Constitutional law – freedom of expression – hate speech – constitutionality of statutory hate‑speech provision (s 10 PEPUDA) – overbreadth and vagueness – disjunctive drafting, subjective tests (“hurtful”, “reasonably be construed”) lower constitutional baseline – reading‑down inadequate – suspended declaration and interim, narrowly tailored remedy; referral to Constitutional Court.
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29 November 2019 |
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Condonation refused for flagrant, unexplained delay; appeal struck down and oral-agreement ownership of bales upheld.
Condonation – late filing of appeal record – flagrant, unexplained delay and attorney negligence insufficient – condonation not a formality; Evidence – oral agreement creating ownership of crops/grass bales; Pleadings and counsel concessions – opening address concessions not necessarily irrevocable admissions; Prospects of success – important in condonation discretion but not decisive where breach is flagrant.
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29 November 2019 |
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Business rescue or s155 scheme does not novate an independent buy‑back agreement; rescission of default judgment was refused.
Practice and procedure – rescission of default judgment – requirement to disclose bona fide defence; Companies Act – business rescue and s155 schemes of arrangement do not novate independent contracts to which related companies are not parties; receipt of payments from related entities does not necessarily constitute novation or compromise of contractual rights.
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29 November 2019 |
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Special leave granted to appeal high court’s refusal of leave on firearm and ammunition possession convictions.
Criminal procedure – s 309C petition – appeal against high court’s refusal of leave lies to SCA with special leave; appealable order is refusal of leave only. Criminal law – possession of firearm – joint possession doctrine; mere knowledge or acquiescence insufficient; prosecution must establish group intent and actual detentor holding for the group.
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29 November 2019 |
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Reported
An increase in an owner's levy liability is an "adverse" effect under s 32(4), so written consent is required.
Sectional Titles Act 95 of 1986 – s 32(4) proviso – meaning of "adversely affected" – increase in levy liability constitutes adverse effect; written consent required; modification without consent ultra vires and void; statutory interpretation—ordinary meaning in context; participation quotas as proprietary interests affecting levies.
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28 November 2019 |
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Reported
Failure to plead and record factual foundations precludes reserving factual complaints as questions of law under s 319.
Criminal procedure – s 319 CPA – reservation of questions of law – prerequisites: precise legal question and clear factual basis in record – failure to request special findings – distinction between errors of law and errors of fact – limits on appellate review of trial court’s factual inferences; Pistorius distinguished.
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28 November 2019 |
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Applicant’s claim form entries, not attached maps, governed published claim; Commissioner acted rationally and appeal dismissed.
Restitution Act – claims must be lodged on prescribed form – express description in claim form is operative; attachments (maps/affidavits) are supporting material. PAJA – review jurisdiction and delay – tacit condonation; onus to establish reviewable irregularity. Administrative law – distinction between review (lawfulness) and appeal (merits); failure to apply mind/irrationality as grounds of review.
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28 November 2019 |
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Reported
Written quotation governs; parol evidence cannot impose an oral yield guarantee—applicant entitled to payment for borehole.
Contract law – parol evidence rule and integration; interpretation of written quotation; ‘no water, no pay’ clause; admissibility of alleged oral guarantee of specific borehole yield; agent’s authority to bind principal.
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28 November 2019 |
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Ballistic and circumstantial evidence upheld attempted murder and firearm possession convictions; appellate court dismissed sentence challenge.
Criminal law – Attempted murder; circumstantial evidence and inference; ballistic matching of cartridges to firearm (s220 CPA); rejection of unreliable eyewitness identification; unlawful possession of firearm and ammunition – statutory minimum sentences; appellate restraint in sentencing review.
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28 November 2019 |
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SCA held High Court should have granted leave to appeal because applicant had reasonable prospects of success.
Criminal procedure – s 309B/s 309C Criminal Procedure Act – petition to High Court against refusal of leave to appeal from a magistrates’ court; Superior Courts Act – requirement for special leave to SCA against a Division’s decision on appeal; test for leave to appeal – reasonable prospects of success; distinction between appeal against refusal of leave and appeal on merits.
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27 November 2019 |
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Applicant granted leave to appeal to the high court against sentence due to reasonable prospects of a different sentence.
Criminal procedure – Special leave to appeal against refusal by high court to grant leave on petition – SCA jurisdiction limited to whether high court should have granted leave; cannot hear merits directly from magistrates’ court – Test for leave: reasonable prospects that another court may impose a different sentence – Sentencing law: cumulative effect of multiple related counts, s 280(2) concurrency/blending, personal circumstances and mercy. |
27 November 2019 |
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No substantial and compelling circumstances justified departing from prescribed minimums; 30‑year effective sentence upheld.
Criminal law – Sentence – Prescribed minimum sentences for robbery with aggravating circumstances – Substantial and compelling circumstances – Cumulative effect and concurrency of sentences – Pre‑trial custody as mitigation – Sentence not shockingly inappropriate.
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26 November 2019 |
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Reported
Whether bookmakers’ public display of the appellant’s televised race feeds infringed copyright in cinematograph films.
Copyright – cinematograph films – fixation/storage requirement – simultaneous recording and broadcast – enhancements and sound-track part of cinematograph film – causing film to be seen in public (s 8(1)(b)) – entitlement to interdict and enquiry for damages/royalty.
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25 November 2019 |
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Annexed deed of suretyship valid under s 6; iustus error defence fails where signer did not read documents.
Suretyship – s 6 General Law Amendment Act 50 of 1956 – identity of sureties and principal debtor may be established by signature and incorporation by reference; extrinsic evidence admissible to identify parties; iustus error – unilateral mistake defence fails where mistake due to signatory's own failure to read documents and not induced by creditor; remittal for determination of quantum (holding-over damages).
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22 November 2019 |
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Reported
Whether the companies were commercially insolvent, validating creditors’ voluntary winding‑up and the Pretoria Master’s liquidators’ appointments.
Companies law – voluntary winding‑up – s 351 Companies Act 61 of 1973 – interplay with ss 79–80 Companies Act 71 of 2008 – solvent companies and limitation on s 351. Solvency – meaning of solvent under 2008 Act is commercial solvency (ability to meet current and imminent liabilities) as per Boschpoort. Masters’ jurisdiction – Administration of Estates Act s 2(1)(a)(ii) and historical court structure – main‑seat Masters exercise provincial jurisdiction; appointments by Pretoria Master valid where jurisdictions overlap. Civil procedure – urgency and consideration of material filed at Master’s request – Plascon‑Evans approach to disputed facts. Costs – personal costs against liquidators exceptional and requires proof of impropriety.
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22 November 2019 |
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Whether the applicant unions proved a binding agreement and Council approval to extend a post-retirement medical subsidy.
Labour/education law – merger of public higher education institutions – harmonisation of conditions of service – interpretation of alleged Conditions of Service document – post-retirement medical aid subsidy (PRMA) – whether a binding obligation was created and whether Council approval under s 34(3) was given.
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22 November 2019 |
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Reported
Tax court may alter SARS estimated assessments under s129(2)(b) if methodology is reasonable and process fair.
Tax — Tax Administration Act s 129(2)(b) — Tax Court power to alter estimated assessments — Reasonableness of estimates — Gross‑profit extrapolation using POS raw data — Audi alteram partem and separation of powers — s 89quat interest adjustment.
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21 November 2019 |
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A purchaser entitled to transfer where sale proved, vesting issue not pleaded, and an Item 28(1) certificate stands until judicially set aside.
Pleadings — scope and function — defendant’s bare denials under rule 22(2) insufficient to raise triable issues; Sale of immovable property — non-owner seller — ownership not essential for validity of sale; Administrative law — Item 28(1) certificate — certificate effective until set aside; Civil procedure — collateral attack on administrative action impermissible where certificate not challenged.
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21 November 2019 |
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Reported
A court may only bar future litigation in clear cases of habitual, obviously unsustainable litigation; extra‑curial complaints are not "legal proceedings."
Civil procedure – vexatious proceedings – s 2(1)(b) Vexatious Proceedings Act 3 of 1956 – meaning of "legal proceedings" and scope post‑Superior Courts Act. Labour law – status of bargaining councils/CCMA and extra‑curial bodies – not "courts" for purposes of the Act. Constitutional and common law – inherent judicial power (s 173) – limits and requirements for prohibitory orders against vexatious litigants. Declaratory relief – claims not identified; no jurisdiction to adjudicate LRA disputes; overly broad declarations impermissible. Procedure – requirement for leave to cross‑appeal under uniform rule 16(1)(a).
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18 November 2019 |
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Eviction under ESTA is permissible where lawful termination and procedural safeguards exist and eviction is just and equitable.
Extension of Security of Tenure Act (ESTA) – consent-based rights of residence – lawful termination under s 8(1) required before eviction; Procedural compliance – s 9(2)(d) notices and s 9(3) social/rural development reports on alternative accommodation, effect on constitutional rights and undue hardship; Just and equitable inquiry – s 11 balancing interests of occupier and owner, period of occupation, suitability of alternatives; Conduct of parties – owner’s reprehensible conduct does not automatically preclude eviction where occupier’s non-payment/misconduct and procedural fairness point to eviction; Municipal/constitutional obligations regarding housing do not entitle occupiers to remain until accommodation of their choice is provided.
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14 November 2019 |
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Whether the SCA (not the high court) must grant special leave to appeal under the Superior Courts Act; convictions and sentence reviewed.
Criminal procedure – Superior Courts Act s 16(1)(b) and s 52(2) – meaning of "pending" proceedings – competence to grant leave to appeal to SCA – high court no longer competent to grant leave where appeal was against its decision on appeal from a lower court; substantive review of convictions (computer hacking) and appellate approach to sentence where lengthy trial delay and alleged misdirections.
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13 November 2019 |
| October 2019 |
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Shareholders cannot sue for a company’s economic loss without pleading a separate, independently owed legal duty to them.
Company law; delict – pure economic loss – shareholders’ claim for loss of dividends following company liquidation; distinction between loss to company and shareholders; requirement that shareholder plead separate and distinct loss and independent legal duty; exception to particulars of claim; Rule 33(4) and res judicata.
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30 October 2019 |
