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Citation
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Judgment date
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| February 2024 |
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SARS entitled to un-redacted documents under s46; taxpayer may not redact client or supplier details to frustrate inquiry.
Tax administration – s46 requests for relevant material – scope of ‘foreseeably relevant’ – SARS’ investigatory powers; taxpayer redaction of client/supplier details; necessity (or not) of identifying an objectively identifiable class; requirement to show reasonable grounds for subjective opinion; privilege and confidentiality not established.
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29 February 2024 |
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Reported
Applicant failed to prove wrongful retention; court found consent/acquiescence and exercised discretion to refuse summary return.
Hague Convention (Child Abduction) – wrongful removal/retention under Article 3; habitual residence and custody rights. Defence of consent/acquiescence – Article 13(a); burden on abducting parent to prove defence on balance of probabilities; inference of subjective intention from outward conduct. Evidentiary approach – Plascon-Evans rule applies to Convention affidavit proceedings; limited role for oral evidence. Judicial discretion under Article 13 – welfare, stability and practical realities inform refusal of summary return. Costs – adverse costs where applicant materially misled the court and made material non-disclosures.
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29 February 2024 |
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Applicant granted summary judgment for return of vehicle where ownership remained with credit provider and section 129 notice was complied with.
National Credit Act s129 – service and compliance – registered mail and sheriff service sufficient for notice. Instalment sale/retention of ownership – reservation excludes vehicle from deceased estate; rei vindicatio claim available to credit provider. Credit life insurance – repudiation due to waiting period does not extinguish creditor’s rights. Joinder – Master of the High Court not necessary where vehicle excluded from estate. Summary judgment – defendant failed to disclose bona fide triable defence to delivery claim.
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28 February 2024 |
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An ordinary member of a body corporate is not its governing body; levy claims against such members can prescribe.
Prescription — Prescription Act ss 10, 11(d) and 13(1)(e); Sectional Titles — governing body of body corporate is trustees, not ordinary members; levy debts — prescription of arrear levies by ordinary members; Sectional Titles Act s15B — cannot refuse clearance based on prescribed debt.
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27 February 2024 |
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Whether an offensive word used as an expletive adjective describing music amounted to ‘swearing at’ and breaching a protection order.
Domestic Violence Act – contravention of protection order – ‘swearing at’ a protected person; linguistic and grammatical context (expletive attributive adjective) relevant to verbal abuse determination; sociolinguistic usage and delaxicalization may negate finding of abuse; proof beyond reasonable doubt required.
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26 February 2024 |
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Applicant failed to prove contempt; alleged oral settlement created reasonable doubt, so application dismissed.
Civil procedure – contempt of court – elements: existence of order, knowledge/notice, non‑compliance; wilfulness/mala fides presumed but respondents may raise reasonable doubt. Motion proceedings – Plascon‑Evans rule applies to genuine disputes of fact on affidavit. Contract/settlement – oral agreements and conduct (correspondence, payments, witnesses) may establish binding settlement absent a clear condition requiring written signature. Remedy – failure to prove contempt beyond reasonable doubt results in dismissal; costs follow the result.
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22 February 2024 |
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Court dismisses exception, finding defendants’ pleaded facts adequately raise economic duress and duress of goods.
Contract law – Economic duress recognised in South African law (Medscheme) but test undeveloped; duress of goods; exceptions to pleadings – vagueness and embarrassment; pragmatic approach to pleadings; admissibility of extrinsic evidence issue abandoned.
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22 February 2024 |
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Reported
A tenant can resist summary judgment by pleading a section 54 CPA defence where a landlord’s failure to remove an unlawful occupier impaired rental service.
Consumer Protection Act s54 – Service includes access to premises under lease – Pre-contractual assurances and landlord’s failure to remove unlawful occupier may constitute failure to perform service to expected standard – Onus on supplier/lessor to prove reduced price – Summary judgment refused where s54 defence raises real factual disputes.
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22 February 2024 |
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Court ordered in‑camera inspection of the BOI after state failed to justify withholding under PAIA's exemptions.
Access to information — PAIA — s11 and s32 constitutional right of access; burden on state s81(3); exemptions claimed: s34(1) (personal information), s41(1)(a) (prejudice to international relations) and s41(1)(a)(i),(ii) with s41(2) categories (defence/security) — insufficiency of vague assertions — courts’ power under s80 to inspect records in camera where interests of justice require it.
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22 February 2024 |
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Final interdict granted: Circular’s allegations defamatory; respondents failed to prove truth, ordered retraction, apology and costs.
Defamation — per se defamatory statements — presumptions of wrongfulness and animus iniuriandi — onus on defendant to prove truth/public benefit or fair comment — motion proceedings appropriate for interdict, retraction and apology where no viable defence shown.
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21 February 2024 |
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Claims for transfer of rival shareholder’s shares, s163 relief and liquidation dismissed; contractual remedies available.
Companies; purchase of business and vendor financing; vendor loan subordinated to bank; alleged sham share transfer; s163 Companies Act (oppressive or unfairly prejudicial conduct) — contractual dispute insufficient for s163 relief; s161 Companies Act inapplicable; s81(1)(d) winding‑up on just and equitable grounds — solvent companies, no deadlock; non‑joinder of bank — bank abided court’s decision.
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21 February 2024 |
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Respondent misappropriated client trust funds and, being unfit and unremorseful, was struck from the roll and ordered to pay costs.
Professional misconduct — misappropriation of client trust funds; Fit and proper person assessment for legal practitioners; Strike from roll versus suspension; Legal Practice Act s40(3)(a)(iv)(aa); Costs on attorney‑and‑client scale.
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20 February 2024 |
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Reported
Whether cancellation precludes simultaneous acceleration under facility agreement, determining respondent’s liability under a principal guarantee.
Contract law – interpretation – acceleration and cancellation – whether cancellation precludes simultaneous acceleration; commercial common-sense construction. Guarantees – principal undertaking/indemnity versus suretyship – guarantor liability independent of underlying loan agreement. Civil procedure – pleading sufficiency – whether founding affidavit established indebtedness at launch. Remedies – effect of simultaneous exercise of contractual remedies (acceleration and cancellation).
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20 February 2024 |
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Court refuses bank leave to appeal an interim structural interdict restraining it from closing the applicants’ accounts.
Interim relief – structural interdict to restrain bank from closing clients’ accounts – whether interim order was final in effect. Constitutional law – reliance on s 22 (freedom to choose trade, occupation and profession) as basis for interim interdictory relief. Civil procedure – vagueness and remedy under rule 42; alternative relief permissible; Webster v Mitchell test and Eskom approach to prima facie rights. Financial Intelligence Centre Act (FICA) – scope of due diligence (s 21C) and statutory reporting obligations (s 29) in context of account termination. Precedent and appeals – distinction from Bredenkamp III and Nedbank III; whether conflicting authorities warrant SCA clarification. Leave to appeal – interests of justice and procedural delay.
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19 February 2024 |
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Reported
Appeal Authority’s partial overturning of MPT decision set aside for procedural and rationality defects; matter remitted for reconsideration.
Municipal planning — removal of restrictive title‑deed conditions — duties of applicant under s78 MPBL — relevance of existing use and recent By‑law amendments — role of protective conditions — subjective intention generally irrelevant — irrationality in deleting consent‑use restriction while retaining single‑dwelling restriction.
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19 February 2024 |
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Urgent contempt and committal not established where respondent showed inability and offered cheaper schooling; paternal grandparents not liable under Rule 43.
Family law – contempt proceedings – requirements for civil contempt with committal (existence of order, knowledge, non‑compliance, wilfulness/mala fides beyond reasonable doubt) – evidence of financial inability and offer of alternative school – third parties not bound by Rule 43 order – procedural requirements and case management in pending divorce action.
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16 February 2024 |
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Reported
Contractor breached by failing to clear conservation area; expert report disregarded; thinning proceeds and prior third‑party timber payable to contractor.
Contract interpretation – conservation v cultivation areas; expert determination – impartiality, mandate and binding force; forestry operations – thinning versus harvesting; material breach for failure to clear contractual hectares; entitlement to proceeds and third‑party removal damages.
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16 February 2024 |
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Eviction under PIE upheld where periodic tenancy was validly terminated and appeal procedurally defective; postponement inadequately supported.
Rental Housing Act – periodic tenancy by tacit agreement; lawful termination by one-month notice under s 5(5). PIE s 4(7) – eviction: court must consider just and equitable factors (children, disability, availability of alternative accommodation). Civil procedure – Magistrates' Courts Rules (Rule 51) – requirements for noting appeals, timely requests for reasons, and consequences of non-compliance. Postponement – illness ground requires adequate, timely medical evidence; balance of convenience and prejudice to respondents. Costs – punitive costs reserved for exceptional, vexatious conduct.
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16 February 2024 |
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Reported
Informal or conditional meeting minutes do not satisfy statutory written-unanimous or special resolution requirements to extend a section onto common property.
Sectional titles – extension of a section onto common property – necessity of prior unanimous resolution to alienate common property (STMA s5(1)(a)) and special resolution to approve extension (STMA s5(1)(h)) – written recordal required (Sectional Titles Act s17). Procedural compliance – notice, agenda and precise wording of special/unanimous resolutions (STMA s6(2); Management Rule 17(7)). Minutes and informal/conditional approvals do not substitute for statutory written resolutions. Trustees’ authority and locus standi – trustees may act in accordance with general meeting resolutions; member-approved conduct can cure fiduciary conflict (STMA s7(1), s8(4)). Municipal planning and Building Standards Act compliance and need for planning departures before building approval.
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13 February 2024 |
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Automatic constitutional cessation of party membership for non-payment precludes interim interdict against PR councillor replacement.
Political party membership — automatic termination on non-payment of dues — no administrative decision to review; PR councillor replaced by operation of law under s 27(c) and Schedule 1 of the Structures Act; interim interdict requisites — no prima facie right or irreparable harm established; disciplinary procedure in constitution does not apply to automatic cessation clauses.
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13 February 2024 |
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Eviction under PIE granted; respondents’ sale-defence precluded by issue estoppel and punitive costs awarded.
PIE – eviction proceedings – obligations under s 4(2) and s 4(5) – written and effective notice to occupiers and municipality. PIE – two-stage enquiry: whether just and equitable to evict and appropriate implementation date/conditions. Res judicata / issue estoppel – defence based on alleged sale agreement precluded by earlier final judgment. Executor’s standing to seek eviction of unlawful occupiers. Costs – punitive attorney-and-client costs where defence is vexatious and dishonest.
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13 February 2024 |
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Interim suspension of parliamentary sanctions refused where applicants failed to show prima facie right, irreparable harm or balance of convenience.
Parliamentary procedure – interim interdict against implementation of parliamentary sanction – OUTA caution on restraining state power; requirements for interim interdict (prima facie right, irreparable harm, balance of convenience); separation of powers; self-created urgency and abuse of process; punitive costs where applicants’ non‑compliance caused needless re-litigation.
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8 February 2024 |
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The plaintiff acquired the triangular strip by acquisitive prescription; the defendant’s reconvention was dismissed and costs awarded.
Property — Acquisitive prescription — Section 1 Prescription Act 68 of 1969 — Requirements: possession openly, as owner, uninterrupted for 30 years; boundary dispute — physical fence vs cadastral beacons; evidentiary assessment of witness credibility and expert surveyor report; true owner’s lack of knowledge irrelevant to prescription.
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7 February 2024 |
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Urgent interdict to suspend Parliament’s Joint Rules before SONA dismissed for self-created urgency and weak prospects.
Interim interdict against Parliament; separation of powers; self-created urgency; requirement to show strong prospects of success in main review; parliamentary internal rules and freedom of speech; ceremonial nature of SONA and post-address debate.
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6 February 2024 |
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Postponement granted where respondent failed to disclose bank accounts and lied on oath, necessitating further discovery and forensic audit.
Family law – divorce – postponement of trial – failure to make full discovery of financial documents – subpoenaed bank statements revealing undisclosed accounts, investments, pension entries and foreign receipts – respondent’s failure to answer on oath and apparent dishonesty – need for forensic audit – postponement granted sine die; parties to re‑enrol on pre‑trial roll; costs each pay own.
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6 February 2024 |
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Summary judgment granted for admitted arrears; future rental claims refused pending trial due to bona fide defences.
Civil procedure — Summary judgment — Purpose to prevent sham defences; defendant must disclose bona fide defence. Suretyship / guarantees — Liability of guarantors for rental agreements and requirement of proof of signature for contested guarantee. Insolvency law — s 37(c) Insolvency Act — effect of provisional liquidator determining agreement on claims for future performance. Contract law — Conventional Penalties Act — whether claim for future rentals constitutes an unreasonable penalty. Remedies — Specific performance claims after termination and effect of repossession/mitigation on claimed future rentals. Costs — attorney-and-client scale provided for in contract but recovery limited to Magistrates' Court tariff; Rule 32(9) considerations.
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5 February 2024 |
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Reported
Undue delay can bar a late collateral challenge; importer liable for unpaid waste-tyre levies and appeal dismissed.
Administrative law – collateral/reactive challenges – role of delay – contextual, fact-sensitive assessment after Merafong and Tasima. Distinction between review and collateral challenge – separate remedies, different applications. Lawfulness of levies under a promulgated waste management plan – estimate versus mandatory annual amendment. Effect of intervening legislative amendments transferring levy collection to the State. Finality and certainty in administrative action versus protection against unlawful coercive enforcement.
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5 February 2024 |
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Court upheld convictions on identification and common purpose but replaced life sentences after sentencing procedural defects.
Criminal law – identification evidence – single-witness identification assessed with caution but may be sufficient where opportunity and distinctive features exist. Criminal law – common purpose – convictions where participants acted together in violent robbery culminating in fatal shooting. Evidentiary weight – spent cartridge at scene and autopsy evidence can sustain murder and firearm-possession convictions even absent ballistic linkage to a particular gun. Sentencing – minimum-sentence legislation – accused must be warned of application; failure to do so renders imposed minimum sentences subject to review. Sentencing procedure – necessity of probation and social-impact reports; perfunctory addresses unacceptable.
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2 February 2024 |
