Skip to document content Skip to main menu Skip to search
background image
profile image

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

 

Physical address
Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001
Visit website
https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details
8 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Labels
  • Case actions
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
July 2024
B M T v S (A 118/2024) [2024] ZAWCHC 124 (31 July 2024)
Appellant failed to prove exceptional new facts for Schedule 6 bail; magistrate’s refusal was upheld and appeal dismissed.
Criminal procedure – Schedule 6 offences – section 60(11)(a) – onus on accused to prove exceptional circumstances for bail; new facts must be truly new and relevant. Bail on renewed facts – requirement not to reshuffle available evidence; discretion of magistrate and limited interference on appeal under s65(4). Bail conditions and enforcement – whether house arrest/daily reporting can protect complainant and State’s interests. Mental health and employment loss – when such personal circumstances may (or may not) constitute exceptional circumstances. Presumption of innocence – limited role in Schedule 6 bail enquiries.
 31 July 2024
Technical Systems v Feed Chain Industries and Others (7235/2017) [2024] ZAWCHC 113 (29 July 2024)
Ex‑employee misappropriation of confidential tooling and drawings amounted to unlawful competition and copyright infringement.
Trade secrets/confidential information – progressive forming tooling and heat‑treatment ‘recipes’ – ex‑employee misappropriation – unlawful competition; Copyright – technical drawings and works of craftsmanship – reproduction/adaptation and conversion to three‑dimensional parts – substantial similarity and access; Remedies – perpetual injunction, delivery‑up, damages enquiry, discovery; Costs – attorney‑and‑client (three counsel).
 29 July 2024
Calder v S (A226/23) [2024] ZAWCHC 109 (27 July 2024)
Appeal dismissed: custodial sentence for appellant's extensive child‑pornography convictions confirmed; health and firearm objections rejected.
Child pornography — sentencing — large-scale possession, creation, importation and distribution — seriousness, repeated victimisation and market-creation; health claims and COVID considerations do not necessarily justify non-custodial sentence; correctional supervision inappropriate where offender poses ongoing risk; declaration of unfitness to possess firearm under s103 properly applies unless accused discharges onus to show otherwise.
 27 July 2024
Economic Freedom Fighters and Others v Chairperson of Power and Privileges Committee NO and Others (23230) [2024] ZAWCHC 106 (26 July 2024)
Reported
Court dismissed challenge that parliamentary disciplinary rules require independent adjudicators and found s12(5) constitutionally valid.
Parliamentary discipline – Powers and Privileges Committee – whether independent third‑party fact‑finder required; constitutional validity of s 12(5) Privileges Act and Rule 214; scope of judicial review of internal parliamentary disciplinary processes; procedural fairness (postponement, mitigation) in Committee hearings.
 26 July 2024
Siemens Energy (Pty) Ltd and Others v City of Cape Town and Others (19749/2022) [2024] ZAWCHC 107 (25 July 2024)
Whether negligent or immaterial misrepresentations constitute "abuse" under a municipal SCM policy and whether sanctions were lawfully imposed.
Municipal procurement — SCM policy — definition of "abuse" — misrepresentation on procurement declarations — includes negligent (not only intentional/material) misstatements; administrative law — PAJA and principle of legality — review for error of law/fact, rationality and fairness; ripeness and mootness — pre-emptive relief and actual or inevitable prejudice; sanction — exercise of discretion and inclusion of directors as affected persons.
 25 July 2024
Equal Education and Others v Head of Department: Western Cape Education Department and Others (7271/2024) [2024] ZAWCHC 105 (24 July 2024)
Applicants obtained urgent order compelling respondents to place unplaced learners within ten days; remedial-plan and investigatory relief refused.
Education law – Right to basic education – placement of unplaced late applicants – urgency – mandatory interdict to compel placement; Schools Act s3(5)(a) – discretionary investigatory power; Remedial support – SIAS policy and individualized assessment; Remedies – ongoing violation, court-ordered placement and costs (two counsel).
 24 July 2024
Propell Sectional TItle Solutions (Pty) Ltd v Summerville Homeowners Association and Another ; Residents and/or Owners of Residential Erven in Summerville v Summerville Homeowners Association and Others (17198/2021; 20088/2022) [2024] ZAWCHC 104 (23 July 2024)
Voluntary homeowners’ association; title-deed clause creates personal rights; 2010 constitutional amendments and trustee loan resolution void.
Property law – title-deed conditions – distinction between limited real rights and personal contractual rights under title conditions; Associations – homeowners’ association constituted as voluntary association, not statutory under LUPO; Constitutional/contractual governance – entrenched constitutional clauses cannot be amended or circumvented by trustees to permit cession of levy and consent powers; Contracts/security – levy finance agreement and security cessions invalid where trustees exceeded authority and procedural requirements (defective notice, improper signatures) were not met; Procedural – defective notice of meeting and lack of internal authorisation render amendments/resolutions ultra vires and void.
 23 July 2024
Protecta Security Pty Ltd v Daney (14479/2024) [2024] ZAWCHC 185 (12 July 2024) (Restraint of trade)
A restraint of trade clause was partially enforced but modified for reasonableness due to limited protectable interests and public policy.
Labour law – Restraint of trade – enforceability – Confidential information – Reasonableness and public policy – Employee’s right to work – Scope and duration of restraint – Balance of proprietary interests and fairness.
 12 July 2024