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Citation
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Judgment date
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| November 2023 |
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Reported
Applicant lacked locus standi; tacit term, constitutional and equality defences rejected; eviction not granted absent required housing information.
Corporate authority and locus standi — delegation of litigation and property‑management powers; implied/tacit contractual terms — requirement of clear formulation and non‑contradiction with express terms; constitutional interpretation of contract enforcement — balancing public policy and private housing providers’ rights; PIE evictions — necessity of full information about occupiers and municipal report before just and equitable eviction order.
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30 November 2023 |
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Whether a declaratory claim that a repayment claim has not prescribed is excipiable where discovery occurred within three years.
Pleadings — exception — whether particulars disclose cause of action for declarator that claim has not prescribed; Prescription Act — commencement of prescription on discovery; Declaratory relief — distinct from a debt claim; Exception procedure — when prescription issues are inappropriate for determination on exception.
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29 November 2023 |
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Reported
Rule 43 interim maintenance granted; 'unclean hands' not a bar to maintenance; Parenting Co‑ordinator appointed with alcohol‑testing powers.
Family law – Rule 43 maintenance pendente lite – interim relief guided by marital standard of living, reasonable needs and payer’s ability; 'unclean hands' doctrine not a basis to deny interim maintenance for alleged defamatory conduct; applicant entitled to R35,000 spousal maintenance and R15,000 per child; initial legal costs contribution of R1.3m; appointment and powers of Parenting Co‑ordinator (including alcohol testing) and 80/20 cost apportionment.
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29 November 2023 |
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Reported
Tender award set aside for failing to include performance‑based criteria and verify bidder's B‑BBEE/functionality; interim relief granted.
Procurement law – Regulation 51/clause 180 applies to tender invitations; percentage‑based tenders require caps and performance‑based criteria; price schedules must enable comparative pricing; duty on contracting authority to verify bidders' functionality and B‑BBEE credentials and to conduct risk analysis; failure to comply with mandatory procurement provisions renders award reviewable under PAJA; interim relief permissible to preserve continuity of public services; costs on attorney‑client scale where state conduct warrants.
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29 November 2023 |
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Reviewable irregularity found in refusal of critical skills visa; matter remitted for reconsideration with costs to applicant.
Immigration — critical skills visa — application and appeals adjudication — duty to give adequate reasons; review grounds: irrationality, failure to consider relevant considerations, error of law/fact; remedy — review and remittal (no substitution).
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29 November 2023 |
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Default judgment rescinded where Rule 31(4) notice of set down and proper service of Notice of Bar were not proved.
Civil procedure – rescission of default judgment – failure to serve Notice of Set Down in terms of Rule 31(4) – peremptory requirement; absence of condonation renders default judgment procedurally defective
Service – Notice of Bar – insufficient proof where service evidence is hearsay, no confirmatory affidavit from server and lack of particulars
Rule 42(1)(a) – judgment erroneously granted where required notice/procedure lacking
Timing – rescission application held timeously instituted
Costs – successful applicant awarded costs on party-and-party scale
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29 November 2023 |
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Tribunal misdirected in discounting uncontested psychiatric evidence; applicant entitled to 100% disablement under COIDA.
COIDA – Schedule 2 item 6 – psychiatric injury (PTSD/SAD) may constitute 100% permanent disablement where medical evidence establishes total incapacity; s 49(1)/(2)/(3) and s 65(6) – discretion to increase percentage for occupation-specific consequences; weight of uncontested expert evidence; appellate intervention where award is so inadequate it could not reasonably have been made.
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28 November 2023 |
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Late amendments allowed but interim interdict to block hiring dismissed; remaining relief postponed and costs to applicant.
Urgency – whether extraordinary reasons justify departure from ordinary procedure; Amendment of notice of motion – discretion to allow late amendments; Interim interdict – requirement of prima facie right, irreparable harm, balance of convenience and absence of alternative remedy; Procedural history – long delay and prior litigation undermining urgency; Costs – applicant ordered to pay costs including amendment costs.
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28 November 2023 |
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Where a third party may be directly affected by judgment, joinder is necessary and was ordered; amendment allowed.
Civil procedure – joinder of parties – necessary versus convenient joinder – where non-joinder may affect third party’s rights joinder is necessary under Rule 10(3). Civil procedure – abuse of process – discovery of documents does not automatically render joinder abusive where prima facie evidence raises triable issues. Cession and locus standi – later cession of a pre-existing claim confers locus standi and does not create a new cause of action after summons. Pleadings and exceptions – exception challenges are confined to the pleading and cannot be decided by reference to extraneous affidavit evidence; objections as to excipiability are premature at joinder stage
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27 November 2023 |
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PRASA held liable for injuries sustained by a passenger due to negligent operation with open train doors.
Personal Injury - Rail transport - PRASA's duty to ensure closed doors during operation - Negligence leading to commuter injury.
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24 November 2023 |
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A post-divorce settlement creating a binding relationship can render co-ownership 'bound', barring the actio communi dividundo.
Property law – actio communi dividundo – distinction between free and bound co-ownership – post-divorce agreement creating binding extrinsic relationship – construction of settlement endorsed by Family Advocate – children's interest and stability as purpose of bound co-ownership.
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24 November 2023 |
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Reported
Appeal succeeds: no reasonable suspicion of bias and discretionary municipal planning decisions not reviewable on merits.
Administrative law; municipal planning; review versus appeal; discretionary weight to be accorded to planning considerations; necessity for reasonable suspicion of bias (Turnbull-Jackson test); procedural fairness under PAJA; deference to municipal spatial development frameworks (NDP).
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21 November 2023 |
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Respondent’s Rule 43 application struck for improperly seeking to compel a Financial Disclosure Form; applicant awarded attorney-and-client costs.
Procedure – Rule 43 – requirement to deliver a sworn statement under Rule 43(2) – limits on Rule 43(5) for further evidence; Procedure – Rule 30 – irregular step – appropriate remedy to strike proceedings that improperly seek to expand procedural scope; Practice directives – may not derogate from rules of court or substantive law; Condonation – prolixity cannot be used to justify relief that departs from procedural rules; Costs – attorney-and-client costs (including one counsel) appropriate for oppressive or vexatious conduct.
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20 November 2023 |
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Court refused to permit broad visitor ban, preserved electricity supply pending hearing, and ordered cost explanations for improper joinder and wasted hearing costs.
Private property and constitutional rights – interim relief restraining disconnection of electricity – joinder of public utility – inappropriate joinder and costs; visitors’ restrictions on private land — s 27(1)(a) (health) and s 10 (dignity/family life) — tailoring interim visitor regime; de bonis propriis cost orders where litigation conduct improper.
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20 November 2023 |
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Court struck out scandalous allegations against opposing counsel, dismissed late further-evidence application, and awarded personal punitive costs.
Companies law – ss 417/418 inquiry – interlocutory relief – strike-out of scandalous, irrelevant and vexatious allegations against opposing counsel under Uniform Rule 6(15); further evidence – discretionary refusal for delay, lack of particularised relevance and prejudice; costs – personal (de bonis propriis) and punitive (attorney-client) costs against practitioners for egregious conduct; inadmissibility of large transcripts attached without identifying relied portions.
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16 November 2023 |
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Only the named adult beneficiaries, not the deceased estates, were entitled to trust capital because trustees never exercised their distribution discretion.
Trust deed interpretation — vesting date and trustee discretion — contingent versus vested beneficiary rights; trust speaks from settlor’s intention at execution; executor’s locus to seek declaratory relief; striking out scandalous/irrelevant allegations in affidavit; costs for striking out.
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14 November 2023 |
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Urgent interdict to access and sell jointly‑owned property dismissed; executor’s statutory authority and alternative remedies prevail.
Urgent interlocutory relief – requirements for interdict (clear right, apprehension of harm, no adequate alternative remedy); interaction between prior court order authorising sale and executor’s statutory powers (Administration of Estates Act s26, s42); joinder of parties with an interest (including occupier/tenants); Rule 47 security for costs and separate taxing master determinations.
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10 November 2023 |
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A surviving spouse’s MSSA maintenance claim is not a "debt" for prescription; executor must investigate disputed claims and service was effective.
• Prescription – Maintenance claims under MSSA – whether a ‘debt’ for Prescription Act purposes – constitutional, purposive interpretation (Makate). • Administration of estates – executor’s duty to investigate disputed claims – executor may not summarily refuse to entertain claims. • Civil procedure – effectiveness of service – substance/notice over technical compliance (Prism). • Prescription Act s13(1)(g) – impediment while claim is object of proceedings against estate; runs only after final L&D confirmation.
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10 November 2023 |
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Reported
Insufficient evidence for several convictions; trial court misdirected on aggravating circumstances, sentence for attempted robbery reduced to seven years.
Criminal law; sufficiency of evidence for POCA offences (money laundering; possession/use of proceeds); reliance on circumstantial evidence and common purpose; conviction based on repealed statute; improper indictment formulation; aggravating circumstances for robbery (wielding/threat to inflict grievous bodily harm) not established; sentence reduced for misdirection.
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10 November 2023 |
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Reported
Failure to prove delivery of a compulsory s 129 notice rendered the default judgment erroneously granted and required rescission.
National Credit Act s 129(1)–(7) – compulsory delivery requirements of s 129 notice; rule 42(1)(a) rescission – erroneously sought or granted where s 129 notice not proved delivered to relevant post office; domicilium service – effective to interrupt prescription; jurisdiction – cause of action arising where contract concluded; cession – challenge must be pleaded and supported by evidence.
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10 November 2023 |
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Appellate court reduced sentence after trial court's unsupported finding of a homophobic motive, imposing partly suspended imprisonment.
Criminal law – sentence appeal – misdirection where trial court characterised assault as homophobic without evidential basis – misdirection vitiating sentence; appellate interference justified where sentence disturbingly inappropriate; seriousness of injury, lack of remorse and prior conviction relevant to custodial element; substitution of sentence with partly suspended imprisonment.
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8 November 2023 |
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Court upheld magistrate’s refusal of bail where State evidence showed syndicate involvement, flight risk and likely interference with investigations.
Criminal procedure – Bail appeals – s65(4) CPA – Schedule 5 offences – s60(11)(b) onus to show interests of justice – flight risk and likelihood of interference with investigation – admissible consideration of related investigations and seized property.
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7 November 2023 |
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Interim interdict granted to enforce post-termination franchise restraints and restrain respondents pending arbitration; director remains personally bound.
Franchise law – restraint of trade – post-termination restraints enforceable against former directors/guarantors; contractual interpretation – text, context and parties’ conduct in determining operative "Location"; interim interdict – prima facie right, irreparable harm, balance of convenience; urgency/condonation of non-compliance with Uniform Rules.
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3 November 2023 |
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A court must retain supervisory control and ensure both regulator approval and implemented procurement before allowing termination of incumbent rail security providers.
Supervisory interdicts – structural relief to protect public rights; Interpretation of court orders – purposive approach to “and/or” requiring both procurement completion and regulator approval where necessary to avoid gap in public service; Standard of proof in supervisory constitutional proceedings – higher standard to establish regulatory approval; Tender completion and implementation – required before termination of incumbent providers; Rule 53 procedure – proper process to compel administrative record; Costs and remedial discretion in constitutional litigation.
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3 November 2023 |
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Review application dismissed: university tribunals’ procedures and reliance on preliminary unsworn statements were lawful; expulsion upheld.
Administrative law – review of internal university disciplinary decisions – limits of court interference in factual evaluations and discretionary procedures
Procedural fairness – admissibility of unsworn written statements as part of preliminary investigative record in inquisitorial disciplinary forum
Bias – burden to prove reasonable apprehension of bias; tribunal questioning and intervention not ipso facto bias
Intoxication – voluntary intoxication did not negate responsibility where conduct objectively assailed dignity
Sanction – urination on another’s belongings constituted grossly insulting/degrading conduct warranting expulsion
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2 November 2023 |
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Suspension ordered where prima facie misconduct included misappropriation of trust monies, forged documents and threats.
Legal practitioners — urgent suspension under s43 LPA — prima facie serious misconduct: misappropriation/incorrect handling of trust monies; failure to repay trust monies; submission/issuance of forged/fraudulent documents; threats to clients; lack of supervision — curator bonis appointment to protect trust creditors.
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1 November 2023 |
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Late appeal condonation refused; magistrate rightly found negligence in failing to stop, look and drive safely, upholding culpable homicide conviction.
Criminal law – culpable homicide – motor collision – failure to stop at intersection, failure to look left/right, and excessive speed constitute negligence (culpa). Civil/criminal procedure – condonation for late filing – not granted where there are no reasonable prospects of success
Appeal – limited scope to disturb trial court's factual findings; no demonstrable misdirection
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1 November 2023 |
