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Citation
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Judgment date
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| June 2024 |
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Appeals from a division on a tax appeal require SCA special leave; this Court lacked jurisdiction to grant it.
Tax law; Appeals — Tax Administration Act s 133; Superior Courts Act s 16(1)(b) — special leave to SCA; jurisdiction of full court on appeals from tax court; tax courts as courts of revision vs courts of law; distinction from Lewis Stores statutory-appeal jurisprudence; costs on Scale B.
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28 June 2024 |
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Reported
Mandament van spolie granted for Willemskraal; state officials and occupiers found in contempt for wilful non‑compliance.
Spoliation (mandament van spolie) — restoration ante omnia; Contempt ex facie curiae — wilful and mala fide non‑compliance; criminal standard beyond reasonable doubt for committal; joinder and consolidation; ESTA inapplicable where no consent; key possession does not substitute for physical possession.
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27 June 2024 |
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Section 2 of PRIA gives an ex‑lege entitlement to post‑judgment interest on judgment debts, including unliquidated claims.
Prescribed Rate of Interest Act s 2 – post‑judgment interest runs ex‑lege on all judgment debts (including unliquidated); s 2A – intended for pre‑judgment interest on unliquidated debts and confers discretionary relief; res judicata inapplicable where judgments silent on interest; RAF Act s 17(3)(a) 14‑day commencement for interest on compensation.
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25 June 2024 |
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Section 19(2) requires compensation to be measured by the fair market value of the animal or thing in a healthy (uninfected) state; Director’s nil award set aside.
Administrative law — review under PAJA — interpretation of s 19(2) Animal Diseases Act — compensation to be based on fair market value of animal/thing in a healthy state — Minister’s s 23(4)(a) instruction and Director’s duty under s 2(2) — amendment of regulation 30 does not displace s 19(2) principle — remittal appropriate; substitution inappropriate.
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21 June 2024 |
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Doormax's unauthorised dealing in 'QS' products infringed the applicants' common-law trade mark goodwill; final interdict granted.
Trade mark law – common-law (unregistered) trade mark – long‑standing use creating goodwill – protectable interest. Unlawful competition – wrongful interference with goodwill by unauthorised dealing in mark-bearing products. Interdictory relief – requirements for final interdict satisfied where no real disputes of fact exist. Competition Act – alleged cartel conduct; standing to refer JV — non-parties cannot invoke or attack contracts to which they are not a party.
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21 June 2024 |
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Court postponed summary judgment and, exercising its NCA s85 discretion, referred the matter to a debt counsellor for time‑bound evaluation.
National Credit Act – s129 notice – valid service by sheriff and registered post; Summary judgment – bona fide defence threshold; NCA s85 – court’s discretion to refer proceedings to debt counsellor in High Court; Over‑indebtedness – factor for s85 referral but not automatic defence; Prescription and in duplum – addressed and not fatal to short referral.
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21 June 2024 |
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Applicants failed to prove the children were habitually resident in Germany; Hague Convention relief dismissed.
Hague Convention – habitual residence – jurisdictional fact; Plascon‑Evans test in motion proceedings; parental intention/settled purpose; article 13(b) grave risk defence; interim contact and passport retention pending domestic determination.
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19 June 2024 |
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Applicants who abandoned constitutional surrogacy challenges after non-compliance ordered to pay respondents' costs on attorney-client scale.
Constitutional litigation – costs – application withdrawn after non-compliance with court orders and mootness – Biowatch principle not absolute; vexatious conduct, failure to comply with Rule 16A and Rule 41(1) justify adverse costs on attorney-client scale; late amicus conduct censured.
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19 June 2024 |
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Procedural and evidential irregularities, including reliance on hearsay and defective CLA-based charge, rendered the trial unfair; convictions set aside.
Criminal procedure — defective plea and enquiry process under ss 112/115 CPA; inadmissible hearsay relied upon; defective charge invoking CLA Part 3 minimum sentences and magistrate’s lack of jurisdiction to impose them; impermissible off‑record correction of conviction; cumulative irregularities vitiating trial and breaching s 35 fair trial rights.
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19 June 2024 |
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Eviction granted after meaningful engagement; city-centre safe spaces upheld as suitable alternatives; broad re-occupation interdict refused.
Eviction (PIE & s26(3)) – meaningful engagement by municipality; suitability of city ‘safe spaces’ as alternative accommodation; limits on interdicts to avoid PIE process; Dladla considerations (lockout/family-separation rules) and remedial supervision.
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18 June 2024 |
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Reported
Where payment certificates are disputed on reasonable grounds, they are challengeable, but adjudication determinations that are "implemented" may require payment pending arbitration.
Companies — Winding-up — s 344(f) Companies Act 61 of 1973 — statutory demand under s 345(1)(a) — deeming inability to pay — Badenhorst rule — bona fide dispute on reasonable grounds to underlying claim — interim/payment certificates under JBCC contract not immune to attack — adjudicator’s determination immediately binding and implemented (JBCC clauses) — payment pending arbitration — discretion under s 347(1) to stay liquidation pending arbitration.
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18 June 2024 |
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Reported
Municipal senior-manager appointment and maximum remuneration invalid for non-compliance with competency and remuneration rules.
Administrative law – municipal senior manager appointment – compliance with Systems Act, Senior Manager Regulations and Minimum Competency Regulations – requirement of two years’ Senior Management Level experience – administrative action under PAJA – rationality and unreasonableness review – remuneration subject to Ministerial Upper Limits Notice – councillor immunity from personal liability.
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18 June 2024 |
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Reported
Appellant’s prior common-law rape convictions count for minimum-sentence purposes; third-offender sentence upheld.
Criminal law; minimum sentences – s 51(2)(b) Criminal Law Amendment Act – whether prior common-law rape convictions qualify as previous convictions for minimum-sentence purposes; statutory interpretation – Sexual Offences Act subsuming common-law rape; purposive and Constitutionally-informed interpretation; sentencing – substantial and compelling circumstances.
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18 June 2024 |
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Accused convicted of murder and related offences; diminished capacity defence rejected and killing found planned/premeditated.
Criminal law – Murder and attempted murder – assessment of diminished criminal capacity (pathological incapacity) – premeditation/planning – admissibility of hearsay (s 53(1)(c)) – firearms offences – dolus eventualis regarding co‑occupant (daughter).
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12 June 2024 |
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High Court dismisses premature challenge to creditors’ meeting and claims, stressing statutory insolvency remedies must be exhausted.
Insolvency law – proof of claims at creditors’ meeting – application of sections 44 and 45 of the Insolvency Act; review under section 151 – locus 'person aggrieved' – premature High Court intervention where statutory remedies not exhausted; removal/nomination of liquidator – sections 371 and 379; procedural complaints (Regulation 12, audi) assessed against prima facie proof standard.
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10 June 2024 |
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A trust's claim for policy benefits based on a settlement agreement was struck out due to inapplicability of stipulatio alteri and pactum successorium.
Contract – stipulatio alteri – requirement for third party acceptance – absence of vinculum iuris unless benefit accepted by trust – exceptions to general rule – Perezius exception only applies on proper pleading and facts – succession – pactum successorium – settlement agreement conferring benefit on third party on death – invalidity of pactum successorium except in antenuptial contract context – exception to particulars of claim upheld.
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7 June 2024 |
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A plaintiff may recover past medical expenses from the RAF despite medical aid payments; late unpleaded subrogation and statutory-defence arguments dismissed.
Road Accident Fund liability – section 17 RAF Act – recovery of past medical expenses despite medical aid payments; subrogation – insurer’s subrogation collateral and not a defence to RAF liability; Medical Schemes Act Regulations 7 & 8 and s19(d)(i) RAF Act – do not exclude RAF liability; pleading rules – late unpleaded defences disallowed; costs – plaintiff awarded taxed or agreed costs.
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6 June 2024 |
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Reported
Court recognised a foreign receiver to permit transfer of surplus South African insolvency funds to foreign estate, subject to conditions.
Cross-border insolvency – recognition of foreign receiver – comity, convenience and equity – locus standi of foreign trustee – relation of s116 Insolvency Act to removal of surplus funds – protection of local creditors – costs for unreasonable and misleading opposition.
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5 June 2024 |
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Investigators under s106 may compel disclosure of fundraising records when funds served municipal purposes, subject to limited privacy protections.
Municipal law - s106 Municipal Systems Act - investigator designation valid; Fundraising by mayor held for municipal purposes - funds subject to investigation; POPIA and privilege do not justify blanket refusal to disclose trust account and donor records; Protective measures for unrelated trust creditors permitted; Costs awarded to applicants (Scale B).
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3 June 2024 |
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Reported
PSC grievance recommendations are not binding; "senior managerial" experience may be demonstrated outside the SMS/Levels 13–16.
Public administration — Public Service Commission — grievance investigations and recommendations under s196(4)(f)(ii) — recommendations not binding; Directive interpretation — "experience at a senior managerial level" — not limited to prior SMS (Levels 13–16) service; administrative law — executive decisions reviewable under PAJA or principle of legality; jurisdiction — High Court competent where constitutional rights directly invoked.
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3 June 2024 |
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Reported
A putative parent’s conduct and undertakings can create a legal duty to maintain a de facto adopted child despite incomplete formal adoption.
Children — Maintenance — De facto adoption — Where a putative parent by conduct and clear undertakings assumes parental obligations, courts may recognize a legal duty of support despite incomplete formal adoption; best interests of the child paramount — interim maintenance pending enquiry.
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3 June 2024 |
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Application to amend notice of motion to prescribe risk-assessment standards denied as moot after respondent procured a new risk assessment.
• Civil procedure — amendment of notice of motion — amendment after exchange of affidavits and regulatory change — when permissible; • Mootness — application overtaken by events (effluxion of time and subsequent risk assessment); • Administrative/regulatory law — Major Hazard Installation Regulations 2022, SANS 1461 and compliance of risk assessments; • Declaratory relief — courts decline hypothetical or abstract declaratory relief absent full factual matrix; • Costs — award of costs including two counsel where complexity justifies higher tariffs.
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3 June 2024 |
