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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
10 judgments
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10 judgments
Citation
Judgment date
January 2024
Absa Bank Limited v Cupido NO and Another (8898/2023) [2024] ZAWCHC 9 (31 January 2024)
A creditor proved prima facie that a trust committed an act of insolvency, warranting provisional sequestration.
Insolvency Act s 10 and s 8(g) – provisional sequestration – act of insolvency where debtor in writing acknowledges inability to pay and offers time to pay – condonation for late answering affidavit – prima facie case requirement for sequestration – advantage to creditors and court’s discretion to grant provisional sequestration.
 31 January 2024
Trustees for time being of P G Williams Family Trust and Others v Williams and Others (87/2023) [2024] ZAWCHC 30 (31 January 2024)
Trustees entitled to possession; occupiers’ unregistered lifetime right unproven and eviction granted with mitigatory measures.
PIE — unlawful occupation v alleged oral habitatio/precarium; trust deed and statutory formalities; just and equitable eviction; municipal alternative accommodation; mitigation for vulnerable occupiers.
 31 January 2024
Economic Freedom Fighters and Others v Chairperson of Powers and Privileges Committee NO and Others [2024] ZAWCHC 6 (30 January 2024)
Applicants’ last-minute non-compliance with agreed timelines justified striking the urgent review despite condonation for a late affidavit.
Urgency and procedure – condonation for non-compliance with court order; striking application from roll for lack of readiness; dominus litis; prejudice to respondents and court; costs for wasted preparation (including two counsel).
 30 January 2024
H & I Civil & Building (Pty) td and Another v City of Cape Town and Others (59/2024) [2024] ZAWCHC 5 (30 January 2024)
Applicant interdicted from tender adjudication under new scoring system pending review where prima facie unlawfulness and urgency established.
Public procurement – Preferential procurement scoring – conflict between Broad-Based Black Economic Empowerment Act and Preferential Procurement Policy Framework Act – whether municipal decision to implement new scoring system is administrative action under PAJA or legislative/policy action – interim interdict – urgency and OUTA/Setlogelo principles – s 217 Constitution – s 3(2) Empowerment Act.
 30 January 2024
Peters v Speaker of National Assembly and Others (662/2024) [2024] ZAWCHC 8 (29 January 2024)
Delay and self‑created urgency preclude interim suspension of a time‑bound parliamentary sanction; application dismissed.
Urgency – self‑created delay – interim interdict pendente lite against time‑bound parliamentary sanction – separation of powers and mootness – requirement to seek urgent review where operative decision is time‑bound – respondents’ prejudice and unreasonable timetable – costs (two counsel).
 29 January 2024
Fakuni v Sanlam Limited (11554/2017) [2024] ZAWCHC 7 (26 January 2024)
Court granted condonation for late replication, finding triable issues about policy limits, ring‑fencing and s 156 Insolvency Act.
Procedure – condonation of late replication – delay of five years – change of counsel and discovery of insurance documentation justified lateness; Pleadings – replication raises triable issues as to scope of negligence and policy limits; Insurance/Insolvency – whether insurer’s payment should have been ring‑fenced and whether Agreement of Loss defeats s 156 Insolvency Act; Conflict of interest – possible bias in concluding Agreement of Loss; Children – child’s best interests relevant to exercise of discretion.
 26 January 2024
Trustees for the time being of Humane Society International - Africa Trust and Others v Minister of Forestry, Fisheries and Environment and Another (6939/22) [2024] ZAWCHC 4 (26 January 2024)
Court finds 2022 quota challenge moot and refuses overbroad, inadequately pleaded interdict restraining quotas for all TOPS species.
Administrative law – review of quota allocation for wildlife – CITES Regulations and TOPS Regulations – justiciability and mootness of declaratory relief – requirements for final interdict – need for clear pleading, proof of injury reasonably apprehended, and clarity of court orders; Biowatch principle on costs.
 26 January 2024
Petroleum Oil and Gas Corporation of South Africa (Soc) Ltd v Commissioner for South African Revenue Service and Another (8808/2020) [2024] ZAWCHC 3 (18 January 2024)
Reported
A practice generally prevailing allowed set-offs for exports from unlicensed facilities; Commissioner’s determinations set aside and new grounds struck out.
Customs & excise – refunds/set-offs of excise duty and fuel/RAF levies – material compliance with Rule 19A4 documentation via affidavits and CN1/CN2; administrative law – scope of appeal against SARS determination – respondent may not raise wholly new bases in answering affidavit; tax law – s44(11A) practice generally prevailing – set-offs allowed for exports from unlicensed facilities where goods were duty-paid stock; PAJA – determinations are administrative action; costs including two counsel awarded.
 18 January 2024
Smith v Minister of Police (16662/2015) [2024] ZAWCHC 1 (2 January 2024)
Whether the arrest for public drunkenness was lawful and whether the police assaulted the applicant causing his knee injury.
Criminal procedure – arrest without warrant – s 40(1)(a) CPA – arrest for being drunk in public under s 76 WCLA – requirement that arresting officer have direct personal knowledge of facts sufficient to prima facie conclude offence committed. Evidence – onus in civil claims against police – arrest lawfulness on respondent; assault on applicant. Credibility – falsifiable inconsistencies (timing of arrest; presence of others) materially affect witness reliability. Where probabilities are finely balanced, burden of proof determines outcome.
 2 January 2024
Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2024] ZAWCHC 2 (2 January 2024)
Court refuses to vary paragraph 24.5; orders semi‑urgent oral hearing to resolve experts and awards costs (50%).
Interdicts and confidential information; paragraph 24.5 process – interlocutory nature; power to vary procedural orders; experts’ joint report – referral to oral evidence; refusal to join paragraph 24.5 dispute to unrelated action; costs – partial award (50%).
 2 January 2024