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Citation
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Judgment date
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| August 2024 |
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The plaintiff’s summary judgment was time‑barred; dies non did not apply; application dismissed and set aside.
Civil procedure — summary judgment — Rule 32(2)(a) 15‑day time limit after delivery of plea — requirement strictly applied. Civil procedure — computation of time — Rule 6(5)(b)(iii)(aa) (dies non) — held not to extend to summary judgment applications. Civil procedure — Rule 30 — setting aside irregular steps — absence of substantiated condonation fatal even if defendant did not show prejudice. Civil procedure — competence for summary judgment — liquidated/ascertainable claims vs unliquidated/triable issues — refund/replacement and unquantified damages unsuitable for summary judgment.
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30 August 2024 |
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Reported
Interim interdict granted to protect applicant's confidential fruit-drying oil formulation and restrain its use.
Confidential information – proprietary formulation of fruit drying oil – trade secret protection; former director’s continuing fiduciary duty and breach by disclosure; interim interdict requirements (prima facie right, irreparable harm, balance of convenience); misappropriation by competitor and toll manufacturer; delay not fatal to interim relief.
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30 August 2024 |
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Whether the appellant had requisite intent to murder; appeal dismissed as dolus directus or, alternatively, dolus eventualis established.
Criminal law – Murder – proof of intent – dolus directus and dolus eventualis assessed from cumulative circumstances (weapon, nature and location of wound, conduct). Criminal procedure – Appeal – role of appellate court in reviewing trial court findings; single eyewitness evidence admissible and sufficient under s 208 CPA. Defence credibility – improbable version rejected; no basis for interference.
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28 August 2024 |
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Owner entitled to cancel instalment sale and recover vehicle despite surviving spouse’s s11 custody.
Administration of Estates Act s11(1)(b) – temporary custody of deceased’s property – does not automatically defeat owner’s rei vindicatio. Instalment sale agreement – clause permitting termination on death – gives creditor election to cancel. Rei vindicatio/interim attachment pendente lite – owner entitled to recovery where possessor cannot show enforceable right. Non-joinder of Master/executor not fatal where no relief is sought against them. Section 30 AEA and Section 127 NCA inapplicable as pleaded bases for attachment in these circumstances.
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27 August 2024 |
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Whether a peregrine applicant must provide security where the respondent can set off any costs order against substantial indebtedness.
Corporate insolvency — winding-up application; interlocutory relief — discovery under Uniform Rules 35(12) and 35(14) not available where documents not relied upon or not clearly specified; security for costs — peregrine applicant need not furnish security where respondent can set off any costs order against substantial indebtedness; costs — interlocutory application dismissed with party-and-party costs (counsel on scale B); breach of court order — late filings attract wasted costs on attorney-and-client scale; condonation granted; hearing postponed to semi-urgent roll.
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22 August 2024 |
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Business rescue suspends liquidation only if the application is issued, served and affected persons notified; applicants failed to prove this and relief was refused.
Company law; business rescue (s 131(6)) — suspension of liquidation proceedings requires issuance, service and prescribed notification of business rescue application; provisional liquidators’ powers and s 417/418 enquiry; rule 45A — court may suspend execution of any order but discretion exercised where prima facie right, irreparable harm and balance of convenience established; abuse of process where registered address change and alleged misappropriation of company funds.
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22 August 2024 |
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Applicant proved loss of earnings from accident; business profits excluded and past medical expenses not proven.
Road Accident Fund – quantum: proof of past and future loss of earnings; exclusion of business profits where company is not owned by claimant and documentary proof lacking; contingencies and retirement age; failure to prove past medical expenses without vouchers; RAF section 17(4)(a) undertaking for future medical costs.
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21 August 2024 |
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Eviction under PIE granted as just and equitable, with vacation deferred to protect the minor child's schooling.
PIE — application of s 4(6) where unlawful occupation under six months; balancing rights of landowner and vulnerable occupiers; best interests of the child — postponement of eviction to avoid school disruption; costs awarded to successful lessor.
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20 August 2024 |
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20 August 2024 |
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A last-minute Rule 28(4) amendment that delays summary judgment attracts wasted costs; plaintiff may consequentially supplement affidavits.
Civil procedure – Summary judgment (Rule 32) – interaction with amendment of plea (Rule 28) – amendment after summary judgment launched does not automatically defeat procedure; consequential adjustments permitted under Rule 28(8). Costs – wasted costs of the day – party responsible for last-minute amendment that causes postponement must pay wasted costs absent good reason. Practice – timelines for supplementing affidavits where amendment is permitted: plaintiff 10 days, defendants further 10 days; heads to be exchanged per practice directives.
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20 August 2024 |
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Failure to warn of a possible sentence above the statutory minimum renders sentencing procedurally unfair, warranting remedial adjustment.
Criminal law – Murder (dolus eventualis) – minimum prescribed sentences – substantial and compelling circumstances for deviation – none found. Sentencing procedure – duty to warn an accused if court is contemplating imposing a sentence above the prescribed minimum – failure to warn amounts to procedural unfairness. Appeal against sentence – appellate interference limited unless trial court exercised discretion improperly or there is gross disparity; procedural unfairness may nonetheless require remedial intervention.
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19 August 2024 |
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Reported
Court restrains BR practitioner from filing notice of substantial implementation and allows action to challenge BR plan for alleged fraud.
Companies Act – business rescue – s 133 moratorium – leave to challenge adopted business rescue plan; Business rescue – whether plan can be set aside for fraud; Business rescue practitioner’s duties – independent investigation and certification of projections; Substantial implementation – meaning and application; Interim interdict restraining filing of notice of substantial implementation pending action.
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16 August 2024 |
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Urgent application struck for lack of territorial jurisdiction and real urgency; costs awarded on attorney-and-client scale.
Urgency; jurisdiction — territorial jurisdiction and forum rei sitae; abuse of process; limits to leniency for unrepresented litigants; exchange-control forfeiture; attorney-and-client costs.
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12 August 2024 |
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Applicants failed to prove urgency for supervised contact; application struck from the roll, costs reserved.
Urgency — Rule 6(12) — self-created delay disentitles applicant to urgent relief; Children’s matters — best interests, supervised contact, expert assessment; Children’s Act s6(4) — conciliation and avoidance of confrontational approach; striking from roll; reservation of costs for later adjudication.
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12 August 2024 |
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Appeal against refusal of bail dismissed; appellant failed to prove exceptional circumstances for Schedule 6 POCA charges.
Criminal procedure – Bail appeal under s65(4) CPA; Schedule 6 onus s60(11)(a) – exceptional circumstances; POCA/gang-related offences; presumption of innocence in bail inquiries; prima facie strength of State case; risk of flight and witness interference by accused police officer.
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7 August 2024 |
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Insufficient evidence and a broken blood-sample chain meant the State failed to prove the appellant drove under the influence.
Driving under influence – proof required that alcohol impaired skill or judgment; single-witness cautionary considerations; inadequate chain of custody for blood evidence; failure to call available corroborating witnesses and absence of road-layout evidence undermine the prosecution case.
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6 August 2024 |
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Court admitted late affidavit and postponed urgent suspension to allow applicant to consider newly lodged audit report.
Legal profession – suspension of practitioner – requirement of Fidelity Fund certificate where practitioner controls a trust account – effect of failure to lodge audit report. Evidence and procedure – admission of late supplementary affidavit – factors justifying admission where affidavit materially affects severe relief sought. Interim relief and postponement – test for postponement (compelling justification, prejudice, good faith) and balancing of interests. Scope of court intervention – limits on immediate curatorial/closure orders absent full factual foundation and regulatory consideration; divisional practice of two-judge constitution for fitness-to-practice determinations.
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5 August 2024 |
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Court upheld convictions based on single witness and common purpose but reduced life sentences to twelve years each as disproportionate.
Criminal law — single witness evidence — cautionary rule and materiality of deviations between prior statement and viva voce evidence; Criminal procedure — admission of further evidence on appeal in exceptional circumstances; Legal representation — inadequate representation and fairness of trial; Common purpose — requisites for convicting a participant who did not deliver fatal blow; Sentencing — life sentence under s51(1) CLAA and substantial and compelling circumstances warranting deviation.
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5 August 2024 |
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Court temporarily circumscribed a co‑guardian’s travel‑related parental rights to permit overseas holiday travel, subject to further review.
Children’s Act – ss 18, 19, 28 and 31; Immigration Regulations r 6(12B) – consent for child’s departure; whether best‑interests standard applies to s 18(5) applications; interim suspension/circumscription of parental rights to enable international travel; role of Family Advocate and interim relief.
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2 August 2024 |
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Court applied 0.5% per-year sliding-scale contingency (22%) to plaintiff’s future earning loss, awarding R4,979,832 and costs.
Road Accident Fund – Future loss of earning capacity – Contingency adjustments – Sliding scale of 0.5% per year of employment capacity applied (Guedes guidance) – 22% deduction for 44-year career – Pre-accident educational vulnerability identified and factored into actuarial assumptions; no additional specific deduction justified – Costs including experts and curator bonis ordered.
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1 August 2024 |
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Forklift not a "motor vehicle" under RAF Act because it is not designed for general road use.
Road Accident Fund — definition of "motor vehicle" — whether a Toyota 8FD25 forklift is designed for propulsion on a road — improvements to steering/stability do not suffice where primary design remains material-handling for short distances.
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1 August 2024 |
