High Court of South Africa Western Cape, Cape Town

848 judgments

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848 judgments
Citation
Judgment date
June 2025
Exceptional circumstances due to complainant's withdrawal justified granting the appellant bail for serious charges.
Criminal Procedure - Bail - Schedule 6 offenses - Exceptional circumstances - Withdrawal of allegations by complainant.
30 June 2025
Court dismisses appeal against conviction for rape relying on credible single witness testimony despite procedural language issues.
Criminal law - rape and assault - appellant's credibility undermined by inconsistencies - single witness testimony - language procedural issues.
25 June 2025
The court dismissed claims of fraudulent property sale for being initiated outside the prescription period.
Contract law – Fraudulent misrepresentation in property sales – Oral agreements – Prescription of claims under the Prescription Act.
23 June 2025
Attorney found liable for negligence after failing to issue summons on a Road Accident Fund claim, causing it to prescribe.
Professional negligence - attorney's duty - breach of mandate - Road Accident Fund - prescription of claim.
23 June 2025
20 June 2025
Corporate governance issues and financial distress lead Veldskoen Shoes to undergo business rescue. Proceedings invoked due to procedural failings.
Corporate governance – Director removal and resolutions – Procedural compliance with section 74 of Companies Act; Business rescue proceedings – Financial distress and reasonable prospects of rescue.
20 June 2025
Court examines quasi-possession and contract enforcement issues, granting leave to appeal judgment outcomes.
Property Law – quasi-possession – contract law – mandament van spolie – access versus possession – appeal granted.
20 June 2025
Conviction for murder set aside as evidence supports self-defense claim, trial court misdirected in evaluation.
Criminal law - Self-defense - Conviction and sentence for murder set aside due to misdirection by trial court; self-defense established.
20 June 2025
LPC decision dismissal reviewed, applicant failed to exhaust internal remedies and delayed filing under PAJA.
Administrative Law – Judicial review – Procedural requirements under PAJA – Delay and failure to exhaust internal remedies.
20 June 2025
Application for leave to appeal refused, re-litigation of issues already addressed is not permissible.
Civil Procedure – Appeal – Application for leave to appeal refused – Re-litigation of previously addressed issues not allowed – Appeal not for new arguments.
19 June 2025
19 June 2025
The applicant failed in its bid for an interdict, as no exclusive right to govern water polo was established.
Sports law - National federation disputes - Governance of water polo - Interdictory relief requirements - Recognition by international bodies.
18 June 2025
Murder conviction leads to life imprisonment for two accused with substantial jail time for attempted murder and other crimes.
Criminal Law – murder and attempted murder – sentencing – no substantial and compelling circumstances to deviate from life imprisonment.
17 June 2025
Court rules student accommodation temporary under law; UCT can evict for urgent repairs.
Real property – eviction – student accommodation - applicability of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act - rights of university to evict unlawful occupiers for necessary repairs.
13 June 2025
9 June 2025
Court dismisses RAF's application to stay execution due to irrelevant pending appeals, citing abuse of process.

Execution – Stay of writ – Effect of pending appeals in unrelated cases – Fundamental misunderstanding of legal position – Abuse of court process.

5 June 2025
Accused sentenced to life imprisonment for murder, no substantial circumstances to deviate from prescribed sentence.
Criminal law - sentencing - life imprisonment for murder in furtherance of common purpose; non-deviation from prescribed sentence absent compelling circumstances.
5 June 2025
Court dismissed appeal against robbery conviction; upheld complainant's identification of accused amid procedural queries.
Criminal Law – Robbery with aggravating circumstances – Identification by single witness – Evaluation of uncorroborated evidence – Section 186 CPA.
4 June 2025
3 June 2025
2 June 2025

Constitution – section 178(1)(h) – distinction between nomination and designation – National Assembly has discretionary powers to designate representatives – an impeached judge who continues to undermine the judiciary is not a fit and proper candidate to serve on the Judicial Services Commission.

2 June 2025
2 June 2025
May 2025
RAF is liable to compensate for medical expenses despite payments by medical aid scheme.
Road Accident Fund liability – Medical expenses – Compensatory claims under RAF Act despite medical aid payments – Medical Schemes Act obligations.
30 May 2025
29 May 2025
28 May 2025
28 May 2025
High Court dismisses appeal against conviction and life sentence for rape of minor by stepfather.
Criminal Law – Appeal – Rape and sexual assault – Consent defense invalid due to complainant's minority status – Credibility of witness testimony – No grounds to deviate from prescribed sentence.
27 May 2025
26 May 2025
Enforcement of restraint of trade against ex-employee joining competing EdTech company.
Restraint of trade – Whether Project Y competes with the applicant – Enforceability of restraint agreement – Protectable interest.
23 May 2025
The respondent was held in contempt for preventing children's court-ordered assessment and travel between Switzerland and South Africa.
Child custody and contempt - Breach of court order - International jurisdiction - Assessment and travel compliance missing.
23 May 2025
22 May 2025
21 May 2025
21 May 2025
The court held respondent in contempt of court for non-compliance with a Rule 43 maintenance order.
Contempt of court – Rule 43 order compliance – maintenance arrears – bona fide defense – counter-application for curator ad litem.
21 May 2025
19 May 2025
19 May 2025
Court upheld loss of earning capacity claim due to TBI despite lack of medical evidence, based on expert consensus.
Personal Injury – Loss of earning capacity – Traumatic brain injury – Circumstantial evidence – Absence of medical records – Expert testimony evaluation.
19 May 2025
19 May 2025
15 May 2025
13 May 2025
12 May 2025
12 May 2025
9 May 2025
9 May 2025
5 May 2025
2 May 2025
April 2025
30 April 2025
Sentencing for murder, attempted murder, in gang violence with firearms resulted in 35 years imprisonment per accused.
Criminal Law – Sentencing for murder, attempted murder – Consideration of prescribed minimum sentences – Impact of gang violence on sentencing.
30 April 2025
29 April 2025
25 April 2025