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Citation
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Judgment date
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| December 2024 |
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Reported
Provisional winding up of a solvent close corporation granted where mutual trust between members irretrievably broke down.
Close corporation — just and equitable winding up of solvent company — section 67 CC Act read with section 81(1)(d)(iii) Companies Act; partnership‑like private company — loss of mutual trust and confidence; interlocutory strike‑out of affidavit material — scandalous/vexatious/hearsay/new matter principles; admission of late affidavit in interests of justice (Rule 6(5)(e)); Kalil prima facie test for provisional winding up.
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30 December 2024 |
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Reported
Sole director held personally liable under s 424 for reckless trading; debt fixed at R4,035,000 plus interest, reduced by any liquidation dividend.
Companies Act s 424(1) – Reckless trading – Director personally liable where company incurs debts with no reasonable prospect of payment; objective/subjective test from Philotex applied. Novation/waiver – settlement agreement and subsequent court order may extinguish or supersede prior contractual entitlements (capital-growth v. mora interest). Section 424 discretion – causation between reckless conduct and claimed debt relevant to fairness of personal liability; reduction for dividends in liquidation.
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18 December 2024 |
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Bail was denied as applicant failed to prove it was in the interest of justice post-conviction.
Criminal law – Bail pending appeal – Evidential burden on applicant – Interest of justice post-conviction – Abscondment risk.
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17 December 2024 |
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Applicant introduced purchaser during mandate and was held the effective cause entitled to commission.
Estate agency — joint mandate interpretation — effective cause (causa causans) of sale — purchaser introduction during mandate — whether affidavit proceedings appropriate or referral to trial required (Wightman) — indemnity given by third party — costs on Scale B.
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13 December 2024 |
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Owner entitled to evict unlawful occupier school, but eviction structured to protect learners and ensure placements by education authorities.
Property law – actio rei vindicatio and eviction – unlawful occupation of property by an independent school. Procedural law – PIE protections for occupiers and requirement for notices and hearings for persons resident by, through or under an occupier. Constitutional law – balancing property rights with learners’ constitutional right to basic education and children’s best interests; horizontal application of socio-economic rights. Administrative/education law – duties of provincial education authority to place learners and practical requirements for relocation. Costs – award of attorney-and-client costs and potential de bonis propriis liability for individual representative.
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13 December 2024 |
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Altered OEM price list constituted material misrepresentation; ruling upheld, but five‑year sanction set aside as irrational due to material factual error.
• Administrative law — review of procurement decisions — interpretation of tenders: text, context and purpose govern interpretation; bidders must strictly comply with tender pricing requirements.
• Procurement law — misrepresentation in bids — submission of altered OEM price lists and undisclosed incorrect discounts can be material and render a bid non-responsive.
• Sanctions/blacklisting — sanction decisions must be rationally connected to correct facts; a material factual error can taint and invalidate a sanction.
• Consequences — setting aside an unlawful sanction may require setting aside related contract terminations and refusals to conclude contracts.
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13 December 2024 |
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High Court lacked jurisdiction over tax assessment dispute absent s105 direction; no exceptional circumstances and PAJA time‑bar exceeded.
Tax law – jurisdiction – s 105 Tax Administration Act – Tax Court is default forum for disputes about assessments/decisions – exceptional circumstances required to permit High Court review; PAJA s 7(1) – reasonableness and 180‑day time‑bar; ETI claims – section 9(4) and forfeiture; substitutionary relief rarely appropriate where verification/audit required.
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13 December 2024 |
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Eviction granted: respondents unlawful occupiers; claimed pre-emptive rights unenforced; postponements for representation refused.
PIE – eviction of unlawful occupiers – court must balance rights of occupier and owner and determine just and equitable relief. Possession/rei vindicatio – registered owner entitled to possession absent enforceable right against owner. Pre-emptive/right of first refusal – personal contractual right against prior owner does not necessarily bind innocent purchaser; no enforcement steps taken. Postponement and legal representation – right to representation not absolute; non-indigent litigant’s delay and lack of frank disclosure do not justify further postponement. Costs – costs including wasted costs may be awarded where conduct causes unnecessary delays.
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13 December 2024 |
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Appellant charged with Schedule 6 offences failed to prove exceptional circumstances; magistrate properly refused bail.
Bail appeal — section 65(4) CPA — interference only if lower court wrong; Schedule 6 offences — section 60(11) onus to show exceptional circumstances; section 60(4) grounds (evade trial, endanger public, influence witnesses); weight of investigative evidence (CCTV, firearms, police pursuit); medical and community‑tie arguments insufficient without convincing evidence.
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12 December 2024 |
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Reported
Player’s intentional punch in school water polo was unlawful and negligent; school not liable absent notice of prior risk.
Delict — assault during contact sport — negligence and wrongfulness of intentional punch exceeding sporting risk; private defence pleaded and rejected; school’s vicarious/primary liability assessed — no breach where no notice of prior dangerous propensities and proper refereeing/disciplinary systems in place; costs apportionment for unnecessary defence evidence.
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12 December 2024 |
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Bail cancellation upheld due to reoffending and absconding risk; deficient plea agreement referred to DPP for investigation.
Criminal procedure – Bail cancellation under s 68(1) CPA – Reoffending on bail and risk of absconding justify withdrawal; Plea and sentence agreements – s 105A compliance – prosecutor must consider triad (personal circumstances, nature of offence, previous convictions) and NDPP directives; omission of material particulars (previous convictions, quantity/value of seized goods) renders agreement deficient and may constitute dereliction of duty; Referral to DPP for investigation where prosecutorial conduct appears improper; Courts must ensure s 105A agreements contain sufficient particulars so sentence can be assessed as 'just.'
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12 December 2024 |
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Court varied prior order under Rule 42: removed executors, ordered new appointment, compelled full accounting, and imposed de bonis propriis costs.
Civil procedure – Rule 42 variation – correction of ambiguity/error in prior order to reflect court’s intention. Executors – removal of executors and appointment of new executor by the Master. Administration of estates – obligation of former executors to deliver detailed, documented account to successor. Costs – costs de bonis propriis ordered, jointly and severally, on attorney-and-client scale.
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11 December 2024 |
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Undisputed microdot evidence establishing vehicle identity defeated the applicant’s claim; leave to appeal refused for lack of prospects.
Evidence – microdot identification of motor vehicles – microdots as immutable unique identifiers and persuasive proof of VIN/chassis identity. Civil procedure – motion proceedings – applicant bound by respondent’s version unless demonstrably untenable; need to plead and prove factual basis for new grounds. Administrative action/procedural fairness – duty to plead and establish factual basis for procedural-fairness complaint. Appeal – leave to appeal requires reasonable prospect of success under s 17(1)(a) of the Superior Courts Act.
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11 December 2024 |
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Applicants’ bid to refer disputed loan-account charges to oral evidence was dismissed; sale and transfer remain valid.
Civil procedure – motion proceedings – referral to oral evidence – applicants must establish case in founding papers; new factual allegations in reply ordinarily struck out; court exercises discretion under Rule 6(5)(g). Mortgage enforcement – sale in execution – correctness of statement of account – coding of charges (HMP/HOC) and res judicata where incorporated in earlier order. Execution procedure – sheriff’s authority and notice requirements under Rule 46; sheriff’s returns and hearsay. Municipal law – section 118 Municipal Systems Act – rates clearance certificate is for municipality’s benefit; failure to obtain does not automatically void transfer; applicants’ standing limited.
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10 December 2024 |
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Applicant’s defamation claim failed for lack of proof linking the website publication to the applicant; application struck out with costs.
Defamation — identification requirement where publication is not by name; necessity to prove link or association to applicant; evidentiary particularity and corroboration of distinctive features; declaratory and interdictory relief unavailable absent identification; costs — senior counsel on scale C recoverable.
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9 December 2024 |
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Reported
Legislative acts are sovereign and not 'commercial transactions', so the respondent retains foreign‑state immunity.
Foreign-state immunity – Foreign States Immunities Act – commercial-transaction exception (s 4) – meaning of 'commercial transaction' – sovereign or governmental acts (legislation and implementation) are excluded – exception to jurisdiction must be clearly established on pleadings – exception upheld where particulars do not disclose a commercial cause of action.
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9 December 2024 |
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Respondent misappropriated trust funds and failed to comply with investigative requests; court struck him from the roll of attorneys.
Legal profession – trust funds – misappropriation of client trust monies; failure to comply with investigative request under rule 40.2.4; misrepresentation to regulator and court; fitness to practise – striking off vs suspension; High Court jurisdiction under common law and s 44 LPA to order striking off.
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6 December 2024 |
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Respondent struck off for fabrication of trust accounts, misappropriation of trust funds and breaches of LPC Rules.
Legal Profession — Trust accounts — Fabrication of ledgers and reconciliations; large-scale ‘round’ transfers from trust to business accounts; trust deficits and misappropriation — Breach of LPC Rules (record-keeping, reconciliation, separation of trust/business funds, withdrawals) — Failure to establish court-ordered trusts — Fitness to practice — Striking off and appointment of curator; costs.
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4 December 2024 |
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Reported
Municipal installation of a sewer over private land without notice or consultation was unlawful; declaration suspended for remedial period.
Property and servitudes – subdivision condition granting municipality rights to convey sewers – exercise of servitude-like rights must be civiliter modo (respectful, reasonable, consultative). Administrative law – municipal action installing infrastructure on private land can attract procedural fairness obligations (notice and consultation); PAJA-relevant principles reinforce common-law duties. Expropriation – no formal expropriation where servitude-like condition applied; Expropriation Act not engaged. Applications procedure – inspection in loco generally inappropriate in motion proceedings as it may produce real evidence and subvert motion-rule fact assessment. Remedies – declaration of unlawfulness may be suspended to avoid public-health/utility harm; court may direct removal after remediation period.
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3 December 2024 |
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Reported
Whether board meetings held without the constitutionally required KCI‑UK spiritual leaders were void and prior orders could override the constitution.
Voluntary associations – Constitutions as contracts – Mandatory qualification clauses for board composition – Clause requiring at least two KCI‑UK spiritual leaders binding; an improperly constituted board must first fill qualifying vacancies (clause 8.4) before acting – Prior court orders do not displace constitutionally required board qualifications – Meetings and constitutional amendments adopted by an improperly constituted group are void.
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2 December 2024 |
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Urgent interdict against council set aside: municipality lacked standing, interim relief unjustified, applicant ordered to pay costs personally.
Municipal law — capacity to litigate — municipality v council; Urgent relief — reconsideration under Rule 6(12)(c); Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience); Separation of powers — limits on judicial interference with municipal council’s s58 powers (OUTA); Abuse of process — inadequate service, non-disclosure and delay; Costs — personal liability and attorney-and-client scale.
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2 December 2024 |
