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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana

Deputy Judge President P L Goliath

Judge N C Erasmus

Judge R Allie

Judge T C Ndita

Judge A Le Grange

Judge V C Saldanha

Judge C M J Fortuin

Judge M I Samela

Judge R C A Henney

Judge M J Dolamo

Judge J I Cloete

Judge B P Mantame

Judge K M Savage

Judge G Salie Da Silva

Judge L Nuku

Judge E D Wille

Judge T Papier

Judge M K Parker

Judge M Sher

Judge S Kusevitsky

Judge H M Slingers

Judge M Francis

Judge N Mangcu-Lockwood

Judge J D Lekhuleni

Judge D M Thulare

Judge C N Nziweni

Judge M Holderness

Judge M Pangarker

Judge N E Ralarala

 

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Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001
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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details
4 judgments
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4 judgments
Citation
Judgment date
May 2018
S v Kapa and Others (SS45/17) [2018] ZAWCHC 3 (2 May 2018)
Court admitted deceased’s out‑of‑court statements under s 3(1)(c) as interests of justice outweighed prejudice.
Hearsay — admissibility under s 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988; factors: nature and purpose of evidence, probative value, reason for absence, prejudice to accused, corroboration; admission of deceased’s pre‑mortem statement to identify perpetrators where exclusion would cause greater injustice.
 2 May 2018
March 2018
L B and Others v Leatherby (116/2017) [2018] ZAWCHC 192 (7 March 2018)
Final interdict granted for defamatory online publications; damages referred to trial; respondent found in contempt.
Defamation – online publications and emails – interim interdict made final where publications defamatory and no adequate alternative remedy; damages quantification referred to trial; civil contempt for breach of interdict; costs orders (party-and-party; attorney-and-client for contempt).
 7 March 2018
February 2018
S v A F (A 51/2016) [2018] ZAWCHC 15 (9 February 2018)
A single young complainant’s credible evidence, corroborated by medical and cellphone evidence, upheld convictions for sexual offences.
Sexual offences – statutory rape and sexual assault involving a 14‑year‑old – credibility and corroboration under s208 CPA; cellphone evidence (WhatsApp/MXit/photos/SMS) as corroboration; medical J88 corroborating vaginal penetration; s174 discharge application; assessment of the accused’s alternative explanations and probabilities.
 9 February 2018
January 2018
Phaladi v Lamara and Another; Moshesha v Lamara and Others [2018] ZAWCHC 1 (12 January 2018)
Reported
High Court cannot grant expungement or terminate debt review where NCA prescribes clearance certificate and Tribunal route.
National Credit Act – debt review and debt-rearrangement – expungement of record – clearance certificate under s 71 and role of National Consumer Tribunal. Interpretation of s 88(1)(b) – does not permit a court application to terminate an existing debt review after voluntary rearrangement. Limits of superior courts’ inherent jurisdiction – cannot craft remedies inconsistent with statutory scheme. Role of magistrates’ court v administrative route under NCA; proper forum for relief is the Tribunal (s 71/148).
 12 January 2018