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Citation
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Judgment date
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| December 2021 |
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Reported
A state‑owned employer must pay statutory pension contributions; financial distress does not justify withholding payments.
Administrative law / interpretation – statutory instrument (fund rules) – rule 3.3 requires monthly in-arrear payment of member and employer pension contributions. Labour / pensions – employer obligations – state-owned employer not permitted to withhold pension contributions or prefer other creditors absent lawful authority. Contract / impossibility – supervening impossibility requires unforeseeable, unavoidable, absolute impossibility; financial distress, particularly if self‑created or foreseeable, does not suffice. Constitutional law – rule of law and principle of legality constrain organs of state; socio‑economic duties do not confer a power to ignore statutory obligations
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30 December 2021 |
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An administrator appointed under s139(1)(c) may approve a municipal annual budget; budget approval is an executive function.
Constitutional law – s 139(1)(c) intervention – dissolution of municipal council and appointment of administrator – scope of administrator's powers; Municipal finance – approval of annual budget – executive function; Interpretation – relationship between s 139(1)(c) and s 139(4); Mootness – court may decide discrete issues of public importance despite subsequent ratification of impugned act; Costs – condonation and Biowatch principle applied
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24 December 2021 |
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Condonation for late s 3 notice granted where good cause, prima facie merits, and no unreasonable prejudice were shown.
Prescription; Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 s 3 notices; condonation under s 3(4)(b) — requirements (no prescription, good cause, no unreasonable prejudice); standard of assessment (overall impression/primafacie merits); state delay in producing medical records; prospects of success can mitigate delay
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24 December 2021 |
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An interdict was granted to stop unlawful mining within a clearly identifiable prospecting-right area despite descriptive errors and s47 proceedings.
• Mining law – prospecting rights – annexed certified plan controls over textual misdescription; right valid until set aside. • Interdict – unlawful mining within a prospecting-right area entitles holder to urgent relief. • Joinder – Minister not a necessary party absent direct, substantial legal interest in interdict. • s47 MPRDA – ministerial cancellation process does not preclude court interdict. • Appeal evidence – further evidence on appeal only admitted in exceptional circumstances
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23 December 2021 |
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Interlocutory eviction injunctions are generally unappealable; final monetary awards cannot be granted in interim proceedings without sufficient factual and legal basis.
Civil procedure – Appealability of interlocutory orders – Zweni test and interests of justice; Interim relief vs final relief – prohibition on awarding constitutional damages in interim proceedings without final factual and legal determinations; PIE and counter-spoliation issues reserved for final hearing
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22 December 2021 |
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Regulation 59(3)(a) requires a province‑wide, rationally based satisfaction that additional LPMs will not cause over‑saturation.
Gambling regulation – Interpretation of regulation 59(3)(a) – "satisfied" requires rational basis/reasonableness, not bare subjective belief – "over‑saturation in the Province" is an aggregative province‑wide inquiry – RFP and licences lawful though study imperfect.
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17 December 2021 |
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A Permission to Occupy-holder under the Native Trust and Land Act is not entitled to conversion unless disadvantaged by past racially discriminatory laws.
Property law – Upgrading of Land Tenure Rights Act 112 of 1991 – s 3(1) and Schedule 2 Item 2 – scope of entitlement to convert tenuous occupation rights into ownership. Interpretation – purposive and contextual approach; remedial statute targeted at those whose tenure was insecure due to past racially discriminatory laws or practices. Native Trust and Land Act – whether holder of Permission to Occupy under that Act was disadvantaged and thus eligible for conversion under the Upgrading Act
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17 December 2021 |
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Municipality not liable where locking a privately owned kiosk did not create a duty to ensure its earthing and safety.
Delict — negligence — duty of care: whether affixing a lock by municipality creates control/duty; Electricity Regulation Act s25 — reverse evidential onus on licensee; Sectional Titles Schemes Management Act and municipal by‑laws — body corporate’s duty to maintain common‑property electrical installations; foreseeability and reasonable person standard in negligence assessment
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17 December 2021 |
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Correcting claim quantum or a defendant's citation is a permissible amendment, not a new cause of action or party.
Civil procedure — amendment of pleadings (s 111 Magistrates' Court Act; rule 55A) — amendments allowed absent mala fides or irremediable prejudice; quantification increase is re‑quantification not new cause of action; correction of defendant's citation that identifies the true debtor is not substitution of party; interlocutory amendment orders are generally not final or appealable
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17 December 2021 |
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Minister may revoke naturalisation without court order; MCS and investigatory records can suffice to prove fraudulent naturalisation.
Citizenship — deprivation under s 8(1) of the Citizenship Act — ministerial power to revoke naturalisation without prior court order; admissibility and weight of computer-generated administrative records (MCS) in review; Plascon-Evans application where disputes of fact exist; absence of asylum file not necessarily fatal to administrative decision; constitutional and administrative-law limits on deprivation of citizenship
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17 December 2021 |
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Whether condonation and reinstatement should be granted for repeated, unexplained non‑compliance with court rules.
Procedural law – condonation and reinstatement of appeals – repeated, flagrant non‑compliance with Rules (late/incomplete record; late heads) – adequacy of explanation and timing of condonation application – prospects of success insufficient to overcome gross non‑compliance – Covid‑19 lockdown held not to excuse unexplained delays.
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14 December 2021 |
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Contempt established where the appellant wilfully breached a consent order requiring exclusive fuel supply; appeal dismissed with costs.
Contempt of court – requisites for contempt (existence of order, notice, non-compliance, wilfulness and mala fides) – consent order creating interim enforceable obligations – enforceability of consent orders despite alleged contractual price uncertainty – evidential burden on alleged contemnor – duty to comply with court orders – leave to appeal from single-judge decision usually to full court under s 17(6)(a) of the Superior Courts Act.
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14 December 2021 |
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The applicant’s s311 appeal succeeded: the high court misapplied CLAA/Malgas, and regional court life sentences were reinstated.
Criminal procedure – s 311(1) CPA – direct appeal to SCA where appellate court decided a question of law in favour of convicted person. Sentencing – CLAA prescribed minimum sentences – application where complainant is a minor and multiple rapes. Sentencing law – Malgas proportionality test – appellate interference where trial or appeal court misapplies legal principles or gives contradictory reasons. Sexual offences – serial rape by caregiver of minor, pregnancies and terminations, aggravating features justify prescribed life sentence
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10 December 2021 |
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Rectification cannot convert an unregistered personal right into ownership or deprive a bona fide purchaser of registered title.
Property law – option to purchase – exercise of option creates personal right to demand transfer unless transfer is registered – real right in immovable property arises only on registration – rectification cannot create ownership where none existed – bona fide purchaser for value without knowledge takes unimpeachable title – trustee cannot convey better rights than insolvent held.
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9 December 2021 |
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Arrest and detention after pursuit and discovery of a firearm were lawful; respondents' damages claim dismissed.
Criminal Procedure Act ss 40(1)(b),(f),(h) and s 50 — reasonable suspicion and objective test for arrest — proper exercise of discretion to arrest for investigation — arrest and detention of occupants (including a minor) after pursuit and firearm discovery lawful — awards for wrongful arrest/detention set aside
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9 December 2021 |
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Reported
A contractual final-and-binding valuation binds parties; the valuer is functus officio and cannot unilaterally amend it.
Contract — Shareholders agreement — Valuation by auditors final and binding — Expert valuer who communicates conclusive valuation becomes functus officio — Valuer may not unilaterally amend or withdraw final valuation — Court’s power to interfere limited to narrow review grounds
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9 December 2021 |
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Reported
A valid voluntary disclosure must be unprompted and disclose facts unknown to SARS; prior warning by SARS defeats VDP.
Tax administration – Voluntary disclosure (s 227 TAA) – 'Voluntary' requires unprompted disclosure – disclosure must reveal facts unknown to SARS – prior compliance action or warnings by SARS preclude VDP – onus on taxpayer to prove voluntariness.
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7 December 2021 |
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Reported
Whether shareholders or holding companies hold a "beneficial interest" in company‑owned pharmacies under regulation 6(d) of the Licensing Regulations.
Pharmacy Act/s22A – Ownership of pharmacies – Licensing regulation 6(d) – Meaning of “beneficial interest” – corporate separateness; shareholder interest distinguished from company assets – jurisdiction and procedure for licence revocation – constitutional challenge to s22A and purposive interpretation.
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3 December 2021 |
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Duplication of convictions: conspiracy conviction set aside; murder conviction and life sentence confirmed; separation order lawful.
Criminal law — Duplication of convictions — Conviction for both conspiracy and the substantive crime impermissible where substantive crime committed; Separation of trials — s 157(2) Criminal Procedure Act — ordering trial de novo after co-accused pleads guilty lawful to avoid prejudice; Competence of guilty co-accused as state witness after separation; Delay and fair-trial rights — delay attributable to appellant does not vitiate conviction; Special entry — no merit where separation and subsequent proceedings lawful.
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3 December 2021 |
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An attorney need not obtain separate client authorisation to depose to an affidavit; the affected party's standing and the authority to institute proceedings are distinct.
Civil procedure – rescission of default judgment – locus standi of affected party – attorney as deponent to affidavit – authority to institute proceedings – Magistrates' Court Rules (rule 52(2)(a)) – distinction between standing, authority and basis for deposing.
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3 December 2021 |
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An appeal seeking a Fidelity Fund certificate was dismissed as it would have no practical effect on the attorney's suspension.
Appeal procedure – condonation and reinstatement – section 16(2)(a)(i) Superior Courts Act – appeals with no practical effect; Fidelity Fund certificate – entitlement and effect on suspension pending removal proceedings.
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3 December 2021 |
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Reported
The Speaker’s imposition of an evidentiary onus on a secret‑ballot request rendered her decision irrational; matter remitted for fresh decision.
Administrative law – Judicial review – Rationality review – Decision vitiated where decision‑maker misconstrues nature of discretion. Parliamentary procedure – Motion of no confidence – Speaker’s discretion to direct open or secret ballot is situation‑specific; no onus on requesting party to justify secret ballot. Procedural fairness – Process by which decision is made must be rational; asking wrong question renders decision reviewable.
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2 December 2021 |
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Reported
Constitutional law – review of a decision of the Appointments Committee of the Magistrates Commission not to shortlist a candidate for appointment as magistrate – rigid exclusion of candidate solely on account of being a white male – recommendation of Appointments Committee reviewed and set aside
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2 December 2021 |
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Reported
If parties dispute an arbitration agreement's existence, courts must not enforce arbitration without resolving factual disputes.
Arbitration — jurisdiction — who decides existence of arbitration agreement where parties dispute consent; separability and competence-competence doctrines. Motion procedure — limits of the robust approach; when factual disputes require referral to oral evidence. AFSA rules — arbitrator’s power to rule on jurisdiction but submission to those rules must itself be established. Court discretion — when courts may or may not decide jurisdictional issues in face of disputed facts.
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1 December 2021 |
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Failure to agree market‑related prices ended interlinked contracts; no breach or unlawful competition proved; appeal dismissed.
Contract — interlinked supply, sale and exclusive distributorship agreements — market‑related pricing clause — failure to agree on price terminates contractual scheme; cession of book debts as security does not, of itself, create enforceable confidentiality obligations; unlawful competition (delict) requires proof of wrongfulness and intentional inducement of contractual breach; trial court erred in conflating unlawful interference with restraint‑of‑trade principles.
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1 December 2021 |
| November 2021 |
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Arrest without an objectively reasonable suspicion was unlawful; Minister vicariously liable; R70,000 awarded for unlawful arrest and detention.
Delict – unlawful arrest and detention – requirement of a reasonable suspicion under s 40(1)(b) and s 40(1)(e) CPA – objective test for reasonable suspicion (Mabona). Criminal procedure – "found in possession" – constructive possession and possession through an agent; limits of imputing possession. Vicarious liability – employer (Minister of Police) liable for wrongful acts of officer within course and scope of employment. Quantum – awards for unlawful arrest/detention; damages and costs for short-term detention.
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23 November 2021 |
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Whether the High Court had jurisdiction to adjudicate an unfair labour practice claim about OSD translation of prosecutors.
Labour law; jurisdiction — court’s jurisdiction determined from pleadings; concurrent jurisdiction under s77(3) BCEA; unfair labour practice disputes to be pursued via LRA forums; ministerial determinations vs internal endorsements — who may determine salaries under NPA Act; consent and formation of contractual entitlement to translation to OSD; lis pendens and prescription; costs in constitutional/labour litigation (Biowatch principle).
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17 November 2021 |
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Reported
Section 25 permits transfers and surrenders of water-use entitlements; trading is not per se unlawful but is regulated.
National Water Act s 25 – transfer and surrender of water-use authorisations – s 25(1) permits temporary third‑party use; s 25(2) permits conditional surrender to facilitate licence applications by third parties; transactions regulated by ss 26, 27 and 29 – trading/compensation not per se prohibited but subject to responsible authority approval and s 27 considerations; PAJA exhaustion exemption where exceptional circumstances exist.
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8 November 2021 |
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Hearsay discovered documents inadmissible without s3 compliance; failure to cross-examine vitiates adverse inferences.
Hearsay evidence — admissibility of discovered medical and ambulance records — section 3 Law of Evidence Amendment Act — failure to call authors — failure to cross‑examine and to call relevant witnesses — drawing of inferences — negligence for open train doors.
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8 November 2021 |
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Reported
Body corporate’s ban on an estate agent is not PAJA administrative action but is reviewable at common law for unfairness.
Sectional title schemes — body corporate trustees’ managerial decisions — PAJA administrative action — public power and empowering provision — common-law reviewability of private body decisions — legitimate expectation and natural justice — locus standi — conflict of interest.
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5 November 2021 |
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Reported
Collection costs under the NCA exclude litigation/legal costs; s103(5) does not limit post‑judgment costs.
National Credit Act – meaning of "collection costs"; distinction between collection fees and litigation/legal costs; s103(5) cap on amounts accruing in default not applicable post‑judgment; requirement of agreement or taxation for legal costs; Biowatch qualified immunity for public‑interest litigants.
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4 November 2021 |
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Reported
National regulations capping rates on public benefit organisation property are valid and bind municipalities despite local policy omissions.
Local government – Municipal Property Rates Act s 19(1)(b) – ministerial regulations prescribing rate ratio for public benefit organisation property – applicability despite municipal omission of category – consultation and validity of regulations – constitutionality: national regulation permissible under Constitution s 229(2)(b).
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3 November 2021 |
| October 2021 |
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Special leave to appeal refused where respondent proved right to occupy and no real disputes of fact warranted overturning the interdict.
Local land disputes – interim interdict – locus standi and right to occupy – permission to occupy as evidence – non-joinder where representative sued – res judicata not available to non-parties – absence of real dispute of fact on affidavits.
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29 October 2021 |
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Reported
A court may not grant absolution where documentary evidence permits a finding that parole and supervision were wrongful or negligent.
Practice — absolution from the instance — whether evidence could sustain delictual claim against Minister for parole decision and supervision; Parole law — exercise of discretion and procedural safeguards; Delict — wrongful/negligent exercise of statutory powers; Procedure — refusal to decide complex statutory/common law duty question at absolution stage.
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27 October 2021 |
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Taxing master’s wide reductions on an attorney-and-own-client bill largely upheld, but several specific items were incorrectly disallowed.
Taxation review – attorney-and-own-client scale – reasonableness of fees and disbursements; taxing master’s discretion to disallow overreaching or unnecessary items. Standard of review – interference only where taxing master acted mala fide, failed to exercise discretion, or was clearly wrong. Counsel fees – agreed hourly rate does not permit unlimited hours; prior payments by an uninformed client do not preclude review. Recoverability – travel, condonation and duplicated correspondence may be disallowed if unsubstantiated, unnecessary or not cost‑effective.
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27 October 2021 |
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A taxing master may not adjudicate the validity of settlement waivers of court-awarded costs; review dismissed with costs.
Taxation of costs – scope of taxing master’s jurisdiction – taxing master confined to assessing reasonableness of items and giving effect to court orders; cannot decide validity/enforceability of settlement waiving costs. Civil procedure – review under Rule 17(3) – review limited to disputed bill items, not underlying costs orders. Settlement agreements – disputes about waiver of court-awarded costs are for a court, not a taxing master. Costs recovery – questions about state-funded legal representation and entitlement to costs are matters for the court to decide.
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27 October 2021 |
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Writs must conform to the court order; registrar’s issuance is not a PAJA decision; compound interest and VAT not authorized.
Practice and procedure – writ of execution – validity depends on accord with court order; Registrar’s issuance not administrative action (PAJA inapplicable) – principle of legality governs challenge; interest a tempore morae runs from date monetary award is determined; compound interest and VAT cannot be included in writ absent clear court order or relevant pleadings.
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26 October 2021 |
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Reported
Whether a partial prolonged HIE was caused intrapartum by negligent monitoring of labour; majority: not proved; dissent: negligence proven.
Medical negligence – cerebral palsy – timing of hypoxic‑ischaemic encephalopathy (partial prolonged type) – proof of intrapartum cause; evidentiary weight of contemporaneous records versus late parental recollection; missing hospital records – neutral factor v adverse inference/res ipsa loquitur; expert joint minutes – effect and limits; trial conduct – sequence of factual and expert evidence.
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22 October 2021 |
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Reported
A regulator may apply for winding-up after an investigation has been conducted, but liquidation must be just, equitable and necessary.
Financial markets – Financial Markets Act s 96 – meaning of 'after . . . an investigation has been conducted' (no requirement of finality); Regulator’s remedial powers – authority may apply for winding-up or business rescue under s 96; PAJA – application to court under s 96 not administrative action reviewable under PAJA (directions under s 96(c)/(d) may be reviewable); Winding-up – s 96 enquiries must be directed to achieving FMA objects and consider alternative regulatory remedies; Just and equitable test – insolvency not required; remedy must be proportionate.
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20 October 2021 |
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Forfeiture under s 32 CPA requires inquiry and statutory notice; non-compliance renders forfeiture and sale unlawful.
Criminal procedure – forfeiture of seized articles under s 32 Criminal Procedure Act – requirement to inquire into lawful possession; mandatory compliance with s 31(2) notification and 30-day period; audi alteram partem; payment of admission of guilt fine does not permit summary forfeiture and disposal.
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18 October 2021 |
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The applicant, a non-owner possessor, cannot vindicate via rei vindicatio but may seek possessory relief by proving a stronger right.
Property law – rei vindicatio – only common-law owner may vindicate movable property; NRTA 'owner' limited to statutory purposes; possessory remedies available to bona fide possessors who can prove stronger right to possession; facts on affidavit – Plascon‑Evans/Wightman approach to disputes of fact.
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18 October 2021 |
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A trust contribution benefiting the group holding company was not deductible; taxpayer’s misrepresentations defeated prescription.
Tax – s 11(a) Income Tax Act – deductible expenditure requires purpose of earning income and a sufficiently close nexus to income-producing operations; employee share-incentive trust contributions; group-advancement expenses not deductible (Solaglass). Tax Administration Act s 99 – three-year prescription; exceptions where misrepresentation or non-disclosure of material facts prevented correct assessment; face-value assessments and SARS trigger/audit system.
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15 October 2021 |
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Leave to institute may be sought within the substantive application; interim interdict granted to preserve pension contributions pending main application.
Pension funds/Curatorship – interim interdict – leave to institute proceedings where prior court order requires leave – leave may be sought within same originating application; Intervention – Uniform Rule 12 – legal interest of employer and members; Interim relief – preservation of status quo, prima facie right, irreparable harm, balance of convenience.
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11 October 2021 |
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A contracting party’s termination of a private contract is not administrative action; related interdicts and contempt orders were unsustainable.
Contract law – termination of private contracts – cancellation by contracting party not administrative action and not reviewable under PAJA or principle of legality; interim interdicts cannot restrain lawful contractual terminations; civil contempt requisites (order, service, wilfulness/mala fides) must be proved beyond reasonable doubt; execution under s 18(3) Superior Courts Act requires exceptional circumstances and irreparable harm.
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8 October 2021 |
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Reported
Ex parte preservation applications under s 38 POCA are inherently urgent; practice directives cannot override statute or Uniform Rules.
POCA s 38 – preservation orders – ex parte procedure; Uniform Rule 6(4)(a) – setting down ex parte applications; Practice directives – subordinate to statute and rules; s 38 applications inherently urgent; high court erred in striking application for not proving urgency.
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7 October 2021 |
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Reported
The court held infectious-disease cover (including government response) triggers an 18‑month indemnity for revenue losses, not a three‑month limit.
Insurance – Business interruption – Infectious disease extension – Whether local notifiable disease and government response constitute single insured peril – Policy construction: 18‑month indemnity for revenue cover vs 3‑month limit for listed extensions – Causation and contra proferentem.
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7 October 2021 |
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An arbitrator’s finding that claims were time‑barred did not amount to gross irregularity or excess of power.
Arbitration — Review of award — s 33(1)(b) Arbitration Act — gross irregularity and exceeding powers; party autonomy in commercial arbitration; interpretation and application of contractual time‑bar provisions; procedural fairness and reliance on parties’ schedules and an adjudicator’s factual findings.
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6 October 2021 |
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Whether a subject-to-bond clause applied where purchaser paid cash and waived the suspensive condition.
Contract – interpretation – subject-to-bond/suspensive condition – clause applying only "in the event of the purchaser requiring a mortgage" – condition for purchaser’s benefit – waiver and conduct estoppel – non-fulfilment does not nullify agreement where purchaser paid cash and waived condition.
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6 October 2021 |
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Reported
Whether a merchant shipowner may invoke statutory tonnage limitation against a defence force's claim under the MSA.
Tonnage limitation — s 261(1)(b) MSA — whether merchant shipowners may invoke statutory limitation against claims by naval vessels; Interpretation of s 3(6) MSA excluding Act from application to defence-force ships; interaction between statutory wording, sovereign immunity principles and international limitation practice.
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6 October 2021 |
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Reported
Final defamation remedies require oral evidence where material facts are disputed; motion proceedings inappropriate for contested compensatory relief.
Defamation; motion proceedings v action — final compensatory relief (damages, apology, retraction) requires oral evidence where facts are disputed; Plascon‑Evans rule; reasonable reader/contextual interpretation of alleged defamatory statement; defences (truth, public interest/qualified privilege) may be sustained on papers if evidential foundation exists; appellate admission of further evidence limited.
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6 October 2021 |
