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Citation
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Judgment date
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| June 2024 |
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Reported
The respondent’s malicious-prosecution claim failed: prosecution had reasonable and probable cause and no animus iniuriandi.
Malicious prosecution – elements: instigation, absence of reasonable and probable cause, animus iniuriandi, and failure of prosecution; Reasonable and probable cause – objective test assessed by reference to materials available to the prosecutor at time of decision; Animus iniuriandi – requires consciousness of wrongfulness/dolus, negligence insufficient; Prosecutorial discretion and independence – weight to be accorded in malicious prosecution claims; Procedural – leave to appeal under s 17(2)(d) Superior Courts Act; Relevance of post-failure outcome (s 174 discharge) not dispositive of reasonable cause.
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3 June 2024 |
| May 2024 |
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Reported
A court may not rely on an unsworn probation report to decide an unpleaded commercial-farming exclusion under ESTA; eviction ordered.
Land tenure – Extension of Security of Tenure Act – definition of "occupier" – commercial-farming exclusion (s 1(b)) – probation officer's report (s 9(2)(c), s 9(3)) assists on hardship but is not sworn evidence – court may not decide unpleaded factual issues – eviction authorised where statutory requirements met and eviction is just and equitable.
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31 May 2024 |
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Reported
Whether protest songs, in their full political context, constitute hate speech and whether a judge should be recused.
Recusal – reasonable apprehension of bias – objective test: reasonable, informed person on correct facts; comments must be read in context; high threshold for displacing presumption of judicial impartiality; Issue estoppel/res judicata – prior settlement does not automatically bar fresh litigation where interests of justice, alleged breaches and public importance justify adjudication; Hate speech – s 10(1) Equality Act (post-Qwelane) two-stage inquiry: (1) speech based on prohibited ground; (2) could reasonably be construed to demonstrate clear intention to be harmful/incite harm and promote hatred; Context, speaker identity and political purpose critical; Political protest songs with historical tradition may be protected expression and not hate speech.
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28 May 2024 |
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Municipality lawfully removed an illegally erected billboard under a settlement order and by‑laws; spoliation relief refused.
Property law – mandament van spolie – requirements: peaceful and undisturbed possession and unlawful deprivation; limits where restoration would perpetuate illegality or endanger public – By‑laws and settlement order permitting removal where regularisation application lapses for non‑payment of prescribed fees – effect of s 52(14) and s 64(3) of Billboards By‑laws – restoration may be refused where status quo is unlawful or impossible.
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28 May 2024 |
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Reported
Whether the Master may retrospectively validate a first creditors’ meeting convened after s 78(1)’s one‑month period.
Close corporations — liquidation — s 78(1) Close Corporations Act — Master’s consent required to convene first meeting after one‑month period — timing of consent — consent may be granted after expiry of one month but must be given before the summoned meeting is held — no power to validate meetings ex post facto — invalidity of meeting and resolutions where consent absent.
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27 May 2024 |
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Reported
Application under s 17(2)(f) dismissed: no exceptional circumstances to refer refusal of leave to appeal; condonation refused.
• Civil procedure – s 17(2)(f) Superior Courts Act – referral to Court by President for reconsideration requires truly exceptional circumstances.
• Civil procedure – condonation for lapse of appeal – delay, explanation and merits weighed; lack of reasonable prospects weighs against condonation.
• Appeals – special leave/reconsideration not to be used to re‑argue matters already considered; exceptional circumstances exceed mere prospects of success.
• Costs – unsuccessful condonation/s17(2)(f) applicant ordered to pay costs, including two counsel.
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27 May 2024 |
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Finalised arbitration and statutory consultation failures defeat environmental defence to interdict; appeal dismissed with punitive costs.
Servitude law – interdictory relief to protect praedial servitude rights – enforcement of arbitration award – effect of prior orders and appeals on subsequent interdict proceedings; environmental legislation and management plans (NEMPAA) – consultation requirement; contempt vs interdict as remedies; misjoinder; punitive costs for meritless appeals.
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27 May 2024 |
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Reported
Only the Minister, as part of the national executive, has the power to request extradition from the United States.
International law; extradition as an executive foreign‑relations act; Extradition Act ss 19–20 and reciprocity; Quagliani; limits of NPA prosecutorial powers under s 179; separation of powers; declaratory relief on extradition authority.
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23 May 2024 |
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A court order setting aside invalid valuation rolls binds all affected ratepayers and obliges the municipality to correct resulting unlawful rates.
Local government; Municipal Property Rates Act; valuation rolls; judgment in rem; effect of setting aside recategorisation on consequent rates; Oudekraal principle and Seale clarification; municipal duty to correct unlawful administrative acts; equitable treatment of ratepayers.
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16 May 2024 |
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Reported
A financial institution owes no delictual duty to trust beneficiaries for loss caused by a trustee company’s fraudulent misappropriation.
Delict – pure economic loss – omissions – when duty exists; Statutory interpretation – CISCA, Protection of Funds Act, Trust Property Control Act – obligations owed to contracting client, not directly to trust beneficiaries; Negligence – standard of reasonable manager; Causation – factual vs legal causation; novus actus interveniens (trustee’s fraud); Public policy – limits on extending delictual liability and respect for contractual autonomy
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16 May 2024 |
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Reported
Procedural evidentiary provisions of the Sexual Offences Amendment Act apply to prosecutions instituted after its commencement.
Criminal law – Sexual offences – Interpretation of Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 – Sections 58, 59, 60 (evidentiary rules) are procedural and may apply to prosecutions instituted after commencement for pre‑Act conduct; transitional provision s 69 does not bar application to prosecutions instituted post‑commencement; misinterpretation by magistrate amounted to gross irregularity and was reviewable.
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10 May 2024 |
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Appeal dismissed as moot after Presidential recognition of a king rendered judicial relief purposeless; non-disclosure by counsel censured.
Traditional leadership – s9 nomination and Presidential recognition – competing claims to royal family status – section 21 internal dispute resolution – mootness and appellate discretion (s16(2)(a)(i) SC Act) – duty to disclose subsequent material developments – costs: no order.
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10 May 2024 |
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Reported
Appellant failed to prove a reasonable apprehension of bias against the trial judge; appeal dismissed.
Recusal – reasonable apprehension of bias – onus on appellant to show objective facts satisfying SARFU test; presumption of judicial impartiality; judicial error not equivalent to bias; alleged GBV activism, request for victim‑impact report and judicial contact with colleague insufficient for recusal.
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8 May 2024 |
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Reported
Whether an offer to pay, absent an agreed amount, constitutes corruption and whether an unsworn prior statement has probative value.
Criminal procedure – s 319 reservation of questions of law; s 174 no‑evidence discharge; elements of corruption under PRECCA – offer of gratification sufficient even without agreed sum; prior consistent statements – probative value only if recent fabrication alleged or supported by sworn evidence; scope of credibility assessment of single witnesses at s 174 stage.
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6 May 2024 |
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Reported
Non-service on the head of department under s 2(2)(a) does not void summons if the State obtained knowledge and participated.
State Liability Act s 2(2)(a) – Service on head of department – Whether non-service renders summons void – Purpose of section focused on State's knowledge and ability to respond. Service – Service on State Attorney and statutory notice – effect on interruption of prescription. Statutory interpretation – purposive approach; Molokwane precedent applied. Civil procedure – requirement of service versus substantive access to courts and absence of prejudice.
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6 May 2024 |
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A CRT does not exclude township-developer erven from ‘business/commercial’ rates; SVR and dependent GVR set aside.
Local government — Municipal Property Rates Act — Rates categorisation — Whether properties held by township developer under certificate of registered title are excluded from ‘business/commercial’ and become ‘vacant land’ — Interpretation of rates policy language and purpose — s 49(1)(c) notice requirements — Invalidity of valuation roll premised on unlawful earlier roll.
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3 May 2024 |
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Reported
Warrantless arrest and three‑day detention upheld as lawful where officer exercised discretion and detainee failed to seek bail.
Civil procedure — Arrest and detention — Warrantless arrest under s 40(1) CPA — Requirement to exercise discretion rationally (Sekhoto; Groves) — Onus on claimant to prove failure to exercise discretion — Right to be released on bail; notice of rights and detainee’s cooperation — Credibility findings and deference to trial court.
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3 May 2024 |
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Reported
Applicant proved common source of control and entitlement to arrest an associated ship for security, appeal dismissed.
Admiralty law – associated ship arrest (ss 3(6), 3(7)) – security arrest (s 5(3)) – onus to prove association on balance of probabilities – control (de jure/de facto) and single repository of control – admissibility of hearsay evidence (s 6(3)) – reconsideration under rule 6(12)(c) – consequences of failure to file answering affidavit.
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3 May 2024 |
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Reported
The SCA held NSFAS’s defunding of postgraduate/second LLBs was an executive, rational, and procedurally fair decision.
NSFAS funding criteria; executive versus administrative action; s 4(b) NSFAS Act; rationality of policy decisions; procedural fairness in executive decision‑making; legitimate expectation of state funding; s 29 right to further education.
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3 May 2024 |
| April 2024 |
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Reported
Section 27 of the Disaster Management Act is constitutional; it does not impermissibly delegate power or create a de facto emergency.
Constitutional law — Disaster Management Act s27 — delegation of legislative power — limits and safeguards (classification, consultation, purposes, duration, judicial review) — distinction between state of disaster and state of emergency — parliamentary oversight and accountability mechanisms (portfolio committees, Oversight and Accountability Model) — stare decisis (Esau; British American Tobacco; Nu Africa).
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30 April 2024 |
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Reported
Section 44(4), read with the FSR Act and regulations, authorises inspections of accredited brokers; s47 is not a prerequisite.
Medical Schemes Act s 44(4) – inspections and investigatory powers – "any person" includes accredited brokers when read with FSR Act Chapter 9 and relevant regulations; section 47 complaints procedure not a jurisdictional bar to s 44(4) inspections; investigative inspections are subject to limited review for legality, fairness and rationality.
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30 April 2024 |
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A court must not make orders prejudicing a non‑joined third party with a direct substantial interest; matter remitted for joinder.
Joinder – third parties with direct and substantial interests – courts must not make findings or grant relief prejudicial to non‑parties; Evictions (PIE) – where interrelated agreements give rise to registered rights (mortgage), mortgagee may have to be joined; Appellate court may raise non‑joinder mero motu and remit matter for joinder before adjudicating substantive relief; Declaratory relief cancelling transfers and bonds affects third‑party rights and requires joinder.
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29 April 2024 |
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A bidder’s mere statement of ISO certification did not meet a mandatory tender requirement; splitting the award was lawful under disclosed objective criteria.
Public procurement – tender conditions – mandatory returnable of ISO 3834 certificate – peremptory/material requirements cannot be satisfied by mere statements; condonation not permissible. Public procurement – splitting of tender awards – lawful where RFP disclosed intention to split and objective criteria (SHEQ, supplier development & localisation, financial analysis) applied in terms of s 2(1)(f) PPPFA and s 217 Constitution.
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29 April 2024 |
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Recognition by a familiar eyewitness in daylight upheld as reliable identification; sentencing discretion in imposing life sentences affirmed.
Criminal law – Identification of accused – Distinction between recognition of known persons and identification of strangers – Factors affecting reliability (lighting, proximity, opportunity to observe, prior acquaintance) – Single-witness identification may suffice; defects in identification-parade documentation not to be raised for first time on appeal – Sentencing discretion and minimum life sentences; absence of substantial and compelling circumstances.
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26 April 2024 |
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Guarantors’ liability arose only after the lender implemented the agreed facility increase; appeal dismissed with costs.
Contract interpretation – commercial guarantees – whether guarantors’ liability conditional upon lender increasing borrower’s facility as defined in guarantee. Definitions and 'Signature Date' – effect of clause making defined provisions substantive (clause 1.5). Exceptio non adimpleti contractus – lender’s prior performance as precondition to enforcement. First Amendment to Facilities Letter not effective to revive guarantee rendered inoperative by lender’s earlier refusal.
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24 April 2024 |
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Reported
The SCA reinstated a rape conviction, finding s 311 invocation competent and that non‑consent was proved beyond reasonable doubt.
Criminal law – Rape – Consent to sexual penetration – Competence of invocation of s 311 Criminal Procedure Act – Sufficiency of evidence to prove absence of consent beyond reasonable doubt – Appellate review of factual findings and interference with trial court conviction.
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24 April 2024 |
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Reported
A creditor cannot rely on s 218(2) read with s 22(1) to sue directors personally; directors’ liability is prescribed by the Act.
Company law – Companies Act s 218(2) – statutory remedy for contraventions to be sourced in substantive provisions; s 22(1) regulates company conduct not directors directly; directors’ liability for reckless trading arises under s 77(3)(b) (claim by the company) – creditor claims against directors under s 218(2)/s 22(1) disallowed; separate juristic personality preserved.
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24 April 2024 |
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An order compelling further particulars in divorce proceedings is interlocutory and not appealable to the SCA.
Civil procedure – appealability – interlocutory orders – order compelling further particulars in matrimonial proceedings is interlocutory and not appealable to the SCA. Civil procedure – doctrine of finality – Zweni principle applies; ‘interests of justice’ cannot be used by courts other than Constitutional Court to expand appealability without justification. Appellate jurisdiction – duty of appellate courts to determine jurisdiction mero motu; failure to do so is fatal. Evidentiary practice in divorce actions – scope and precedential status of Rall v Rall questioned but not finally decided.
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19 April 2024 |
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Reported
Section 294 validly requires a commissioning parent’s gamete; no constitutional right to a genetically linked sibling.
Constitutional law — Children’s rights — Surrogacy — Interpretation of s 294 of the Children’s Act — Requirement of gamete of at least one commissioning parent — No constitutional right of an existing child to a genetically linked sibling — Reading-in inadmissible absent invalidity — Deference to legislative policy and binding precedent (AB).
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19 April 2024 |
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Whether exceptional circumstances justified s 17(2)(f) reconsideration and whether a court may make settlement orders binding non-consenting parties.
• Civil procedure – s 17(2)(f) Superior Courts Act – exceptional circumstances permitting reconsideration of a dismissed application for leave to appeal.
• Civil procedure – Settlement agreements – court must satisfy itself before making settlement an order in rem; cannot bind non-consenting parties without hearing them (Airports Co SA v Big Five; Buffalo City v Asla; Eke v Parsons).
• Constitutional procurement – s 217 – constitution of panel found inconsistent with s 217; remedial relief including suspension of invalidity until contracts complete.
• Review – orders that affect non-consenting parties are incompetent and may be set aside.
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19 April 2024 |
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Pre-trial concession binds parties; D2 invalid under NCA, but D1 enforceable for R5 million plus interest and costs.
Contract – specific performance – enforcement of written agreements – pre-trial concession binding – National Credit Act s 8 and s 40 – when an agreement constitutes a credit agreement – severability – inchoate, simulated or abandoned contracts.
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19 April 2024 |
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Reported
Jurisdiction is determined by the amount pleaded; s 37(2) allows magistrates to consider larger sums to decide a within‑limit claim.
Magistrates’ court jurisdiction – Magistrates’ Court Act s 29(1)(g) – jurisdiction determined by amount claimed in the pleadings; s 37(2) – court may consider matters beyond monetary jurisdiction when necessary to decide a claim within jurisdiction; apportionment/order reducing claimed amount does not oust jurisdiction; Jones v Williams distinguishable.
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19 April 2024 |
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Reported
An interim reconnection order compelling municipal electricity supply despite longstanding non-payment was appealable and unlawful.
Civil procedure – appealability of interim orders; Zweni triad and interests of justice; municipal law – municipal duty to provide services versus statutory credit-control and right to disconnect for non-payment; interdictory relief – requirements and availability of alternative remedies; sectional title governance and Body Corporate obligations.
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18 April 2024 |
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Death of the appellant’s minor child vests the claim in the estate; appellant lacks locus standi; emotional shock claim remitted.
Delict – medical negligence – causation; damages for emotional shock require detectable psychiatric injury; transmissibility of deceased minor’s damages only after litis contestatio; executor required to prosecute estate claims; remittal where lower court failed to decide lis; striking matter off roll pending appointment of executor.
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18 April 2024 |
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Convictions upheld; ambiguous, incoherent sentencing order required remittal to the high court for clarification.
Criminal procedure – s 309C petition – appeal from refusal of leave – threshold is reasonable prospects of success; single-witness identification and cautionary rule; sentencing orders must be clear and unambiguous; misdirected or incoherent sentence warrants remittal.
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17 April 2024 |
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Reported
A financial institution that pays out on a duly authorised client instruction did not owe a delictual duty to beneficiaries for the trustee’s subsequent theft.
Delict — pure economic loss — omission by financial institution; statutory duties under CISCA, Protection of Funds Act and Trust Property Control Act — whether those impose delictual duty to third‑party beneficiaries; negligence standards for managers acting on client instructions; factual and legal causation where loss follows client’s criminal misappropriation; remoteness and public policy constraints on imposing liability.
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16 April 2024 |
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Enforcement of acceleration and foreclosure clauses for non‑payment of municipal charges was lawful; special leave to appeal refused.
Contract – loan agreement and mortgage bond – obligation to pay municipal charges; Municipal law – Systems Act and municipal credit control by‑laws – payment of undisputed amounts and consolidation of accounts; Events of default – non‑payment permitting acceleration and foreclosure; Public policy – enforcement of contractual terms, pacta sunt servanda, and limits to refusing enforcement; Appeal procedure – special leave test: reasonable prospects and special circumstances.
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15 April 2024 |
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Reported
Licence-holders are directly affected and an appeal suspends the Controller’s grant of site and retail licences.
Administrative law; Petroleum Products Act s 12A(1) – standing to appeal – meaning of "directly affected"; objections vs appeals under licensing regulations; commercial interest and factual demonstration of prejudice; common-law presumption that an appeal suspends an administrative decision unless statute displaces it; appeal suspends Controller's grant of site and retail licences; remittal to trial court to determine interim interdict.
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15 April 2024 |
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Whether the purchaser waived a suspensive condition; court held no waiver and dismissed leave to appeal.
Contract — suspensive condition — waiver — onus and presumption against waiver; agent’s authority to waive; formalities for waiver (written and signed); agreement lapsing on non-fulfilment; cession of claim to deposit; leave to appeal — reasonable prospects under s 17 Superior Courts Act.
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12 April 2024 |
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Reported
Statutory housing schemes govern enforcement of spatial and housing obligations; WCLAA procedures lawful and Sea Point not a restructuring zone.
Constitutional subsidiarity; socio‑economic rights—housing and land—must be pursued via statutory schemes (Housing Act/Social Housing Act/SPLUMA); provincial disposal powers under WCLAA; regulation 4(6) construed to render signed agreement a 'proposed disposal' subject to notice-and-comment; GIAMA asset‑management requirements do not, by themselves, invalidate disposals; IGRFA requires cooperation but not mandatory consultation of national Minister for every provincial disposal; interpretation of restructuring‑zone notices governed by text and context, not municipal intent extrinsic evidence.
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12 April 2024 |
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SACE unlawfully fettered its discretion and denied learners and parents procedural and child‑centred rights in disciplinary sanctions.
Administrative law — PAJA s 7(1): clock begins when reasons for administrative action are known or ought to be known; Mootness — discretionary refusal where order will have practical effect; Administrative action — unlawful fettering of discretion by mandatory sanctions policy; Procedural fairness — right of child and parents to be meaningfully heard; Children's rights — best interests of the child paramount; Remedies — setting aside decisions and remitting for reconsideration with direction to consider rehabilitative sanctions.
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8 April 2024 |
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Condonation refused for lapsed appeal due to inordinate unexplained delay and no reasonable prospects of success.
Condonation; lapsed appeal; late filing of record and heads; inordinate/unexplained delay; prejudice to respondents; prospectless appeal founded on ex parte order against unnamed persons; State Attorney's non‑compliance with court rules.
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8 April 2024 |
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A South African court cannot adjudicate a s 361 eSwatini statutory claim against directors merely because they reside in South Africa.
Jurisdiction — Superior Courts Act and common-law limits; foreign statutory causes of action; extraterritoriality of foreign statutes; interpretation of “the court” in foreign insolvency provisions; residence insufficient alone to found jurisdiction; effectiveness principle versus territoriality.
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8 April 2024 |
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An ex parte interdict founded on material misstatements and mere classification fails absent proof of concrete national-security harm.
Interdicts — ex parte applications — duty of utmost good faith — full disclosure of material facts; material misstatements vitiate relief. Classified information — classification not conclusive; courts may scrutinise classified documents (Masetlha). National security — onus on State to prove concrete harm from disclosure; mere classification or public-domain overlap insufficient. Civil procedure — Schlesinger/Phillips principles govern rescission of ex parte orders obtained on incomplete/misleading facts.
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5 April 2024 |
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Plaintiff failed to prove warranty breach; expert affidavit admitted under Rule 38(2) lacked sufficient probative value.
Contract law – warranty of unchanged game numbers; burden of proof on plaintiff to prove breach; Civil procedure – Uniform Court Rule 38(2) – admission of affidavit evidence in lieu of oral testimony; Expert evidence – affidavit evidence that cannot be cross‑examined must be weighed for probative value against other evidence; Aerial game counts – methodological limitations and credibility issues; Plagiarism in expert affidavit undermining reliability.
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5 April 2024 |
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Respondent’s restitution claim succeeded under condictio indebiti; its mistake was reasonable despite the trust loan being void.
Unjust enrichment – condictio indebiti v condictio sine causa specialis – claimant need not elect but must prove pleaded condictio; Prescription – s 12(3) Prescription Act and knowledge by exercising reasonable care; Trust capacity – incapacity where trust deed minimum trustees not present; Reasonableness of mistake – reliance on trustees’ representations and conduct may make mistake excusable.
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4 April 2024 |
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Applicant failed to show special circumstances for special leave; appeal lacked prospects and was struck from the roll.
Procedure — Special leave to appeal under s 16(1)(b) Superior Courts Act requires an additional criterion beyond reasonable prospects; Sectional Titles Act — registration of sectional plan and opening of sectional title register can render restorative relief impossible; impossibility of performance; failure to amend pleadings and lack of prospects against subsequent purchasers.
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4 April 2024 |
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Amendment to add emotional shock damages permissible where liability finding addressed death, not causation of damages.
Civil procedure – Uniform Rule 33/stated case – separation of liability and quantum – necessity of clear orders delimiting issues; Pleadings – amendment to particulars of claim – adding general damages for emotional shock and medical costs after liability finding limited to death causation; Prejudice – right to investigate and lead expert evidence; Costs – no order where both parties failed to define issues clearly.
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3 April 2024 |
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Reported
Tacit consent to graze cannot be inferred without pleaded allegations and evidence of unequivocal conduct indicating agreement.
Extension of Security of Tenure Act (ESTA) s 3(4) – occupier status; grazing rights do not derive from ESTA but from consent. Tacit agreement/consent – requirement of unequivocal conduct evidencing intention to contract; onus on party alleging tacit contract. Procedural fairness – court should not decide a case on an unpleaded basis or infer agreements without evidential foundation. Relief – removal and impoundment of livestock; interdict against returning livestock without prior consent.
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3 April 2024 |
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Appeal dismissed as final interdict to restrain use of confidential information was properly granted and dispute is now moot.
Competition – Confidential information – Restraint of trade – Use of competitor’s confidential business information by new employer – Final interdict – Mootness of appeal due to effluxion of time.
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2 April 2024 |
