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Citation
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Judgment date
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| May 2023 |
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Reported
Simultaneous delivery of a replication and a summary judgment application is not inherently an irregular step under Rule 32/Rule 30.
Civil procedure – Rule 32 – summary judgment – whether plaintiff may deliver replication simultaneously with summary judgment application; Rule 30 – setting aside alleged irregular step – requirement of no further step taken with knowledge of irregularity and proof of prejudice; waiver – substantive, fact‑specific inquiry.
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29 May 2023 |
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Applicant subject to vexatious-litigator restraint must obtain leave before proceeding; matter struck from the roll with wasted costs.
Vexatious litigant – Vexatious Proceedings Act restraint – requirement to obtain leave before instituting proceedings; effect of Superior Courts Act s18(1) and appeal refusal; striking application from roll; wasted costs (including costs of two counsel).
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29 May 2023 |
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Settlement disposing of assets of a liquidated company was void; auction proceeds must be paid to the liquidators.
Companies law – winding-up – final winding-up order establishes concursus creditorium; s341(2) Companies Act 61/1973 – dispositions after commencement of winding up void ab initio; landlord’s tacit hypothec – cannot be perfected to prefer creditor post winding-up; contract interpretation – Endumeni applied; onus on claimant to prove ownership of movables sold at auction.
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26 May 2023 |
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Court granted interim interdict protecting applicants’ possession and use of an access road pending final action; respondents’ counter-claim dismissed.
* Property dispute – access road and boundary – mandament van spolie and interim interdicts – requirements: prima facie right, well-grounded apprehension of irreparable harm, balance of convenience, no alternative remedy.
* Procedural point – attempted late change from final to interim relief; Rule 28 and prejudice to respondent considered but merits interrogated.
* Evidentiary approach – Plascon-Evans test for final relief; interlocutory relief decided on applicants’ version where respondents fail to raise decisive doubt.
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26 May 2023 |
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Warning statements recorded in English after real‑time translation lacked probative value; accused acquitted for insufficient proof.
Criminal law – evidence – admissibility and probative value of warning statements – language issue where isiXhosa speakers’ statements were recorded in English after real‑time translation – statements admissible but unreliable; insufficient evidence to convict. Constitutional law – language rights (s 6) and fair trial rights (s 35) implicated by statement-taking practices.
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26 May 2023 |
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Gross receipts constitute a juristic person’s "turnover" for NCA thresholds; applicant need not register and may enforce notarial bonds.
* National Credit Act – registration of credit providers – juristic person threshold – definition of "turnover" as total monies received (gross receipts) into business account; * Effect of non-registration – unlawful/unenforceable agreements; * Notarial covering and collateral bonds – enforcement against movable property; * Rule nisi granted ex parte confirmed; * Costs – attorney-and-client and interlocutory costs in the cause.
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25 May 2023 |
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Acting magistrate’s hostile social media campaigning created reasonable apprehension of bias; proceedings set aside and remitted for rehearing.
Judicial impartiality — reasonable apprehension of bias arising from social media activity; recusal obligations of judicial officers; Code of Judicial Conduct for Magistrates and Bangalore Principles; review under Superior Courts Act s 22(1)(b),(c); proceedings rendered null by failure to recuse; remittal for rehearing before a different magistrate.
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24 May 2023 |
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Short‑term commercial letting and event use of a Single Residential 1 dwelling is unlawful without municipal consent.
* Municipal and planning law – land use schemes – Saldanha Bay Municipal Integrated Zoning Scheme By‑Law – primary uses versus consent uses; tourism and holiday housing require municipal consent.
* Zoning – Residential Zone 1 – 'dwelling house'/'dwelling unit' construed as residential living accommodation for one household; commercial short‑term letting and events not permitted without consent.
* Ancillary use principle – uses not expressly provided for in scheme are not permitted where scheme provides specific consent categories (Rustenburg jurisprudence).
* Neighbour enforcement – neighbouring owners may obtain interdicts for zoning contraventions; proof of imminent harm and lack of alternative remedy sufficient.
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24 May 2023 |
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Reported
A defective charge sheet did not invalidate conviction where the accused’s plea admissions established culpable homicide and no prejudice arose.
* Criminal procedure — defective charge sheet — statutory offence (s61(1) NRT Act) vs. common-law culpable homicide — insufficiency of factual averments. * Section 112(2) plea — admissions curing defects where accused intended and admitted elements of substituted offence. * CPA ss 86, 88 — amendment before judgment; review remedy where amendment post-conviction not possible. * Review (s304A) — substitution/confirmation of conviction on review where no prejudice to accused and evidence supports offence.
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24 May 2023 |
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Lease validly terminated on two months’ notice; matter remitted to determine whether eviction is just and equitable.
Property law – lease termination – clause permitting termination on two months’ written notice – termination effective on communication; Eviction procedure – organ of state may proceed under s 4 PIE; PIE’s just-and-equitable enquiry (s 6(3)) applies where residential occupation involved; Waiver – lapse of time and negotiations do not establish waiver absent unequivocal evidence; Remittal – where initial court fails to consider just and equitable factors, matter to be remitted for that enquiry.
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22 May 2023 |
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Summary judgment can be granted on penalty claims where the defendant fails to substantiate a bona fide s3 defence.
Summary judgment; Conventional Penalties Act s3; onus on debtor to prove disproportionality; bona fide defence requirement in summary judgment; qualification of Premier Finance on penalty claims.
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22 May 2023 |
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Reported
Applicants for bail on Schedule 6 charges must prove exceptional circumstances; evidence of witness interference and weak affidavits justified continued detention.
Criminal procedure – bail in Schedule 6 cases – onus on accused under s60(11)(a) to prove exceptional circumstances – witness intimidation and interference – relevance and limits of affidavit alibi evidence – detention conditions ordinarily not exceptional.
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22 May 2023 |
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An unqualified pre-trial concession admitting accident-related psychiatric injury prevents belated denial of causation; limited repudiation of certain expert findings allowed.
• Civil procedure – amendment of plea – withdrawal of prior admissions and compromises; limits on reopening pre-trial concessions.
• Evidence – expert agreements and joint minutes – when parties may repudiate expert opinions.
• Delict – causation of psychiatric injury – effect of pre-trial admissions and settlement on proof of causation.
• Case management – effect of late amendments on fairness and prejudice.
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18 May 2023 |
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Applicant proved debt and respondent failed to show a bona fide dispute; provisional winding-up ordered.
Company law – Liquidation – Urgent provisional winding-up where creditor proves claim prima facie and company fails to show bona fide dispute on reasonable grounds (Badenhorst rule); oral agreement to forgive debt must be clearly proved; prospective liabilities (debt becoming due on transfer) relevant to inability-to-pay inquiry; discretion to refuse winding-up narrowly applied.
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17 May 2023 |
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Court declares that a judicial grant of "care" under the Children’s Act includes "custody" and "legal custody" for medical‑scheme dependency purposes.
* Children’s Act – interpretation of "care" and "custody" – section 1(1), section 1(2) and section 18(2).
* Medical schemes – Rule requiring "legal custody" for dependent status – interaction with Children’s Act definitions.
* Guardianship and placement orders – effect of court order placing children "in care" for third-party administrative purposes.
* Urgent ex parte relief to prevent prejudice to a dependent child's medical and educational needs.
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17 May 2023 |
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Applicant social‑housing landlord entitled to evict long‑term non‑paying occupiers where leases validly cancelled and City offered emergency housing.
PIE – eviction of unlawful occupiers from social housing – locus standi of social housing institution as person in charge – validity of lease cancellation for non‑payment – applicability of Consumer Protection Act notice period and inapplicability of Rental Housing Act s5(5) to termination for breach – just and equitable enquiry – City’s duty to provide temporary emergency accommodation.
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16 May 2023 |
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Reported
Court ordered production of electronic client lists and Mauritius-related documents and directed Rule 35 discovery under exceptional circumstances.
Rule 35 discovery – electronic records as documents – shareholders' "book"/client lists discoverable; Rule 30A compulsion for non-compliance with Rule 35(12); Rule 35(13) exceptional circumstances to order discovery in motion proceedings; production of foreign-company documents where affidavit refers to them; confidentiality undertakings and costs order.
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15 May 2023 |
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Accused charged with Schedule 6 offences failed to establish exceptional circumstances to justify bail under section 60(11).
Bail – Schedule 6 offences – section 60(11)(a) CPA – onus on accused to prove exceptional circumstances; strength of State’s prima facie case; personal circumstances and unstable residence insufficient; conditions of detention generally not “exceptional circumstances”; public interest and safety considerations relevant.
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15 May 2023 |
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Reported
Pleadings failed to disclose a cause of action: tacit exclusive-occupation term inconsistent with express maintenance clause and instalments payable in advance precluded withholding.
Exception—failure to disclose cause of action; Contract interpretation—tacit term v express terms; Maintenance clauses—Trust’s right to effect repairs and recover costs; Reciprocity and exceptio non adimpleti contractus—payment in advance excludes withholding instalments; Pleadings—requirement to plead facts enabling computation of remission.
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15 May 2023 |
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Accused charged with Schedule 6 offences failed to show exceptional circumstances for bail and was refused.
Criminal procedure – Bail – Section 60(11) CPA – Schedule 6 offences – accused must adduce evidence of exceptional circumstances; burden to show exceptional circumstances and interests of justice; assessment of personal circumstances versus apparent strength of State case; prior convictions and propensity to offend while on bail relevant to risk to administration of justice and public confidence.
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11 May 2023 |
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Court ordered mutual discovery: defendant must properly comply with plaintiff’s Rule 35(3) notice; plaintiff must produce specified documents and a Rule 21 particular.
Civil procedure — discovery — Uniform Rules 35(3), 35(6) and 35(7) — adequacy of response: inspection offer or sworn statement of non-possession and whereabouts required; discovery wide in scope and may include documents relevant to merits though also touching quantum. Civil procedure — further particulars (Rule 21) — court will order particulars only if strictly necessary to avoid prejudice or embarrassment in trial preparation; requests for evidence or fishing expeditions refused; particulars relating to discovered documents may be compelled.
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8 May 2023 |
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Applicant lacked standing and failed to prove clear right or reasonable apprehension; overbroad, vague interdict dismissed with costs.
Administrative law/Police powers – interdict – locus standi to sue for unnamed third parties; Non-joinder – failure to join persons with direct and substantial interest; Civil procedure – clarity of court orders – overbroad/vague relief unenforceable (Eke v Parsons); Final interdict requisites – clear right, injury or reasonable apprehension, no alternative remedy; Criminal Procedure Act – execution of arrest warrants and powers to enter premises (ss 43, 48).
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8 May 2023 |
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Reported
Late review of municipal tender dismissed for undue delay; procurement and fraud attacks also fail on the merits.
Administrative law – review under PAJA – condonation of delay – s 7(1)/s 9 extension – interests of justice. Procurement law – tender evaluation – 80/20 price/preference application; effect of invalid 2017 PPPFA regulations on municipal SCMP. Evidence – hearsay and unsubstantiated allegations of fraud insufficient to set aside award. Procedure – quorum and composition of bid committees. Remedies – substitution inappropriate; compensation not established. Costs – punitive attorney-and-client costs warranted for abusive, scatter‑shot review.
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5 May 2023 |
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Application for protective interdict against police dismissed as moot and on merits; arrests and seizures found lawful.
Interdictory relief — requirements for final interdict (clear right, injury, absence of alternative remedy); Mootness doctrine — no live controversy where applicant later arrested and charged; Arrests and seizures — lawfulness where effected pursuant to warrant or with consent; Firearms Control Act considerations and safekeeping; Plascon-Evans rule — disputes of fact and inadmissible hearsay; Costs following event, including costs of two counsel.
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4 May 2023 |
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Applicant’s under‑settlement claim barred by prior direct‑claim settlement and statutory prescription.
* Road Accident Fund Act – section 23 – prescription of RAF claims – five‑year protection for lodged claims; prescription runs from date cause of action arose.
* Direct claims – acceptance and payment – full and final settlement of past loss of earnings; effect on subsequent under‑settlement claims.
* Knowledge for prescription – when plaintiff/attorney became aware of prior settlement (30 June 2014) determines commencement of prescription.
* Failure to disclose by claimant and failure to respond by claimant’s attorney – fatal to later claim for under‑settlement.
* RAF statutory limitations – no condonation/waiver of prescription under RAF Act.
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4 May 2023 |
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Court orders demolition of an encroaching boundary wall; developer non-joinder, estoppel and compensation defenses rejected.
* Property law – encroachment – mandatory interdict to remove encroaching boundary wall; * Non-joinder – developer not a necessary party where relief affects current registered owners’ real rights; * Estoppel – no basis where representation, reliance and prejudice not pleaded or established; * Successors-in-title – liabilities from predecessor-in-title attach to current registered owner; * Administrative remedies – exhaustion not required where municipality has confirmed encroachment and declined to act; * Remedy – demolition is primary remedy; compensation inadequate where it would not permit intended building works; * Costs – attorney-and-client costs warranted for vexatious/obstructive conduct.
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2 May 2023 |
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Applicant failed to prove wilful contempt or section 97 NCA intent to frustrate; application dismissed with costs.
Contempt of court – wilful disobedience and mala fides required; section 97(5) NCA – offence requires proven intent to mislead or frustrate credit provider; evidentiary burden shifts after order and non‑compliance established; disputes of fact on affidavit rejected only if demonstrably untenable (Fakie test).
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2 May 2023 |