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Citation
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Judgment date
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| November 2024 |
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Motion to set aside antenuptial contract dismissed due to genuine disputes of fact and refusal to refer matter to oral evidence or trial.
Antenuptial contract — Alleged fraud/deceit in execution — Motion proceedings unsuitable where genuine disputes of fact exist — Plascon‑Evans rule applied — Court’s discretion under Rule 6(5)(g) to refuse referral to oral evidence/trial — Presumption caveat subscriptor and litigant as dominus litis — Costs including counsel on Scale C and Rule 70(3) costs.
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11 November 2024 |
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Applicant failed to establish a prima facie debt or privity; provisional winding‑up dismissed for lack of locus standi.
Companies Act — Provisional winding‑up — Opposed application — Applicant must establish indebtedness prima facie on the probabilities — Founding affidavit must disclose full case — Badenhorst rule: liquidation not for disputed debts — Kalil v Decotex approach applied — JBCC/OHSA document distinction and relevance to privity of contract — Locus standi where indebtedness genuinely disputed.
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11 November 2024 |
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Provisional winding-up dismissed where respondent bona fide disputed creditor’s claim and set-off defence created material factual disputes.
Company law – provisional winding-up – creditor’s s 345 demand – set-off defence based on oral agreement with insolvent spouse and nominee entity; material disputes of fact – Hülse‑Reutter test; insolvency and payments to nominee entity; late-raised statutory defences (Insolvency Act s 23(2); BCEA s 34; Matrimonial Property Act s 15(3)(b)) not entertained; abuse of process – punitive costs awarded.
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11 November 2024 |
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Order construed as requiring removal (with reciprocal steps); no contempt found; application dismissed with costs.
Civil procedure – interpretation of court orders – “secure and/or remove” construed contextually and purposively; contempt – must show breach of construed order and contemnor’s knowledge; urgency requirements; coercive/punitive contempt orders require rigorous justification.
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11 November 2024 |
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Whether leave to amend pleadings to recharacterise a building contract outside the Home Builders Act should be granted.
Civil procedure – amendment of particulars of claim – Uniform Rule 28(4) – amendments allowed unless mala fide or causing irremediable injustice – applicant must explain need, delay and show prima facie triable issue; Housing Consumers Protection Measures Act 95 of 1998 – definition and formalities for "homebuilders" and enrolment – inability to claim consideration without registration/enrolment; rectification requires factual basis of mutual error; estoppel/waiver cannot easily be used to circumvent statutory public‑interest prohibitions.
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6 November 2024 |
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Reported
A debtor who pays into a fraudster’s account remains liable; debtor must verify amended banking details before payment.
Electronic payments – cyber-fraud – misdirected payment into fraudulent bank account – debtor’s duty to verify amended banking details – payment into incorrect account does not extinguish debt – proximate cause of loss is debtor’s failure to verify – estoppel and creditor’s alleged IT negligence not established.
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6 November 2024 |
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A moot High Court challenge to taxi impoundments was dismissed and the applicant ordered to pay respondents' attorney-and-client costs.
• Public law – mootness and discretionary exercise to grant declaratory relief – Court will not decide academic questions absent interests of justice.• Transport law – impoundment under NLTA s87 and seizure under CPA s20/s31 – availability of impoundment fees, admission-of-guilt fines and criminal/civil remedies.• Administrative law – right of access to information and PAIA as appropriate procedure for state-held records.• Civil procedure – locus standi, joinder, and consequences of self-created urgency.• Costs – criteria for punitive attorney-and-client costs where litigation was unnecessary or improperly conducted.
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5 November 2024 |
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Court ordered fair-value purchase of minority interest via SAICA‑appointed valuator; valuation costs borne by the company.
Close corporation – enforcement of right of first refusal under MOU – procedure for valuation of membership interest – appointment of valuer by SAICA regional president – valuer to be member of previously disadvantaged group and to act as expert – valuation date fixed; valuation costs borne by the company; parties to bear their own legal costs.
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5 November 2024 |
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Reported
Applicant awarded repayment and interim anti‑dissipation orders after tracing misappropriated funds into respondent’s assets.
Fraud/misappropriation — tracing stolen funds into bank accounts and immovable property; quasi‑vindicatory claim; anti‑dissipation/interim interdicts; requirement to show intention to dissipate versus tracing/identification of fund; costs on attorney‑and‑client scale where respondent’s conduct enabled significant recovery litigation.
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4 November 2024 |
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A shareholders' resolution to approve already board-approved financial statements did not entitle the applicant to further s65(4) disclosure.
Companies Act s65(4) – sufficiency of explanatory material accompanying proposed resolution; Companies Act s30(3) – presentation (not shareholder approval) of annual financial statements; shareholder access to source accounting records; strike-out of affidavit material; costs where litigation caused by unnecessary resolution.
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4 November 2024 |
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Reported
Court dismissed bank’s Rule 46A application to execute on a primary residence as disproportionate and procedurally defective.
Rule 46A – execution against primary residence; default judgment – requirements and Practice Directive 33A compliance; service and evidentiary inconsistencies; proportionality and section 26 right of access to housing; judicial discretion to refuse or postpone execution order.
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4 November 2024 |
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Reported
Council's appointment of party councillors to s 80 committees is executive action, rational and intra vires; review dismissed.
Local government — s 79/80 Structures Act — appointment of councillors to committees; Administrative law — distinction between administrative action (PAJA) and executive action; Principle of legality — intra vires, rationality and procedural irrationality; Political parties’ nomination processes versus council’s statutory appointment power.
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1 November 2024 |
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Reported
Applicant failed to prove ownership of movable farm equipment; claim for vindicatory relief dismissed and not referred to trial.
Property law – rei vindicatio – burden to prove ownership of movable property not in possession; founding affidavit must disclose cause of action; replying affidavit may not introduce new causes; registration under Road Traffic Act not conclusive of common-law ownership; referral to trial under Rule 6(5)(g) refused where applicant fails to make prima facie case.
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1 November 2024 |
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1 November 2024 |
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Reported
Hospital negligent in managing shoulder dystocia causing brachial plexus and hypoxic injury due to incorrect manoeuvres and poor records.
Medical negligence – shoulder dystocia – failure to refer high‑risk antenatal case; Intrapartum management – McRoberts manoeuvre not performed or improperly performed; fundal pressure applied; suprapubic pressure not applied; Causation – brachial plexus (Erb’s palsy) and hypoxic ischemic encephalopathy linked to obstructed delivery and management; Medical records – inadequate contemporaneous notes undermine defendant’s ability to rebut negligence; Expert evidence – assessed for cogency, internal logic and consistency with proven facts.
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1 November 2024 |
| October 2024 |
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Reported
Provisional sequestration granted where sheriff’s return showed inability to pay and only negligible movable assets, owner holds unencumbered property.
• Insolvency Act – s8(b) act of insolvency – demand by sheriff, inability to pay and insufficient attachable movables – grounds for provisional sequestration.
• Sequestration – sections 9(1) and 10 – requirement of prima facie advantage to creditors where debtor owns unencumbered immovable property.
• Civil procedure – Rule 7(1) – scope includes deponent authority but not a tool for general documentary fishing; other remedies (CSOS, PAIA, Rule 34) exist.
• Juristic bodies – Board resolutions valid until set aside; disputes about internal governance to be pursued via statutory remedies (CSOS) or direct challenge.
• Service – sheriff’s return prima facie proof (Superior Courts Act s43(2)); defects may be condoned absent prejudice.
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29 October 2024 |
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Final liquidation granted where respondent failed to rebut prima facie indebtedness and was commercially insolvent.
Company law – Liquidation – s 344(f) Companies Act – commercial insolvency (inability to pay debts as they fall due) – prima facie proof by certificates of balance – Badenhorst principle and Plascon‑Evans rule – Rule 41A (mediation notice) voluntary – unsubstantiated insurance defence rejected.
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28 October 2024 |
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Reported
Applicants failed to prove contractual renewal or protectable software interest; restraint and confidentiality relief denied.
Contract law – restraint of trade and confidentiality – scope and duration of written confidentiality agreement; software development agreement – effect of oral extension versus renewal; novation and tacit agreement; protectable interest in software; application for final relief on affidavit – Plascon‑Evans threshold; enforceability of post‑litigation extension clause (clause 10.6).
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28 October 2024 |
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Second defendant solely liable; plaintiff had locus standi; first defendant not liable; expert evidence preferred.
Road traffic — Intersection collision — Signalised intersection where turning arrow changed — Constructive delivery/locus standi — Expert accident reconstruction accepted — Speed calculations and point of impact — Duty to yield to vehicles trapped in intersection — Sole negligence of oncoming driver — No contributory negligence by turning driver; costs against unsuccessful defendant.
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24 October 2024 |
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Appellate court upheld murder conviction for dolus eventualis and confirmed 15-year minimum sentence, dismissing self-defence claim.
Criminal law – Murder – dolus eventualis – subjective foresight required to establish dolus eventualis. Criminal procedure – assessment of credibility – evaluation of single eyewitness and accused’s inconsistent account. Private defence – requirements and rejection where deceased posed no threat. Sentencing – prescribed minimum sentences – substantial and compelling circumstances required to justify departure; appellate restraint unless misdirection or gross disproportionality.
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24 October 2024 |
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Provisional sequestration of a trust granted where liquidated claims and factual insolvency were established on a prima facie basis.
Insolvency — provisional sequestration of a trust — liquidated claim against trust (loan accounts and taxed costs) — trust sequestrable by naming trustees — balance of probabilities test in opposed provisional sequestration — adequacy of answering affidavit — benefit to creditors — sham/alter‑ego issue reserved.
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22 October 2024 |
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Reported
Security for costs against an incola liquidator refused absent vexatious, reckless, or abusive proceedings.
Security for costs – incola claimant – Boost Sports test: security only where main action is vexatious, reckless or an abuse; impecuniosity alone insufficient – Rule 10(3) joinder of actions distinct from joinder of parties under s21(2) Superior Courts Act – section 29 Insolvency Act claim may, in appropriate cases, proceed on motion – procedural/jurisdictional defects remediable, not necessarily abusive.
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21 October 2024 |
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A guarantor’s waiver of excussion and a principal debtor’s liquidation do not justify staying claims against the guarantor.
Stay of proceedings – inherent discretion (s.173) – liquidation of principal debtor does not bar claims against guarantor/surety – waiver of benefit of excussion prevents delaying judgment – loss of guarantor’s income from liquidation not sufficient ground for stay.
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18 October 2024 |
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Accused failed to show exceptional circumstances for Schedule 6 bail; electronic-tracking evidence, credibility deficits and flight/interference risks warranted detention.
Criminal procedure – Bail for Schedule 6 offences – accused bears onus to prove exceptional circumstances (s 60(11)(a)) – assessment of exceptional circumstances requires holistic value judgment – probative weight of electronic-tracking data (pings, consumer traces, time-distance calculations) – credibility and inconsistent versions – risk of witness interference, evidence destruction and flight – bail refused.
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17 October 2024 |
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Court ruled that legitimate expectations from a 2016 settlement upheld provisional registration and study visa consideration.
Education Law - Registration and recognition of education providers - Immigration law - Study visas - Legitimate expectation and settlement agreements
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16 October 2024 |
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Reported
A Rule 45A application cannot be used to undo or evade a prior court order or re-litigate substantive findings.
Court procedure – Rule 45A and inherent powers (s173) – limits on suspending execution of prior orders; cannot be used as a stealth appeal; respect for final judgments and stare decisis; suspension only where real and substantial injustice or impossibility shown. Franchise law – enforcement of interim relief compelling compliance with franchise agreements pending arbitration. Administrative/regulatory overlap – lawfulness of SSB (pawn) transactions not a basis for procedural suspension absent proper findings in appropriate proceedings.
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16 October 2024 |
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Appeal against rape conviction and 10-year sentence dismissed; credibility and sentencing jurisdiction upheld.
Criminal law – sexual offences – rape – single child complainant evidence; corroboration by family witness; medical evidence of recent penetration; consent and sobriety issues; sentencing – mispleading of CLAA provision; jurisdiction and minimum prescribed sentence (s 51(2)(b) Part III Schedule 2) – no prejudice, 10-year minimum upheld.
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16 October 2024 |
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Interim interdict extended where sale appeared not to have been by the "open market" required by the divorce consent order.
Interim interdict — preservation of status quo pending final relief; interpretation of consent (divorce) order — scope of sheriff’s authority to sign sale/transfer documents; requirement that property be placed on "open market" — meaning and "proper marketing"; disputes of fact on interim relief — approach to prima facie rights and inherent probabilities; costs — allocation of wasted costs and costs of interim application.
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16 October 2024 |
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Appeal against sentence upheld to correct concurrency error; court affirms that sentences were appropriate given serious violent offending.
Criminal law – sentence appeal – application of Malgas principle – appellate restraint; Criminal Law Amendment Act s 51(2) – prescribed minimum sentences and alleged increase – right to address; Sentencing – aggravating factors (weapons, stabbing, kidnapping) outweigh personal circumstances; Clerical/wording error in sentencing order – correction by appellate court.
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15 October 2024 |
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Contempt for non‑payment of court‑ordered maintenance upheld; suspended committal ordered until arrears and obligations are met.
Family law; contempt of court — failure to comply with interlocutory maintenance order; variation of interlocutory orders — requirement that variation be sought in same court/judge and that contemnor purge contempt before seeking variation; urgency and burden‑shift in contempt proceedings; suspended committal as conditional sanction.
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14 October 2024 |
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Whether trustee nominations require collective trustee action and whether a protector’s consent is required for trust amendments.
Trusts – interpretation of trust deed – clause 4(b) nomination and appointment of replacement trustees – joint action requirement – individual trustee cannot unilaterally nominate successor; clause 33(a) amendment of trust deed during donor’s lifetime – donor-and-trustees or protector-and-trustees model; protector’s role requires notification; validity of amendment where approved by donor and trustees; trustee authority evidenced by Master’s certificate; costs awarded against applicant.
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10 October 2024 |
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Applicants' review succeeded: municipal approvals set aside for failing to obtain neighbours' consent and consider a prohibition on permanent structures.
Administrative law — judicial review under PAJA — Rule 53 compliance on record of decision; constitutional standing (s 38) to review municipal administrative action; lease terms and municipal resolution as material/mandatory conditions — written consent of immediate neighbours as jurisdictional prerequisite; municipality's duty to consider whether improvements are permanent contrary to resolution; section 7(1)(b) Building Act — burden to show probable derogation of neighbouring property value; remedy — review and remittal, not demolition; costs awarded to applicants.
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9 October 2024 |
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Rescission of a default POCA forfeiture order refused for inadequate explanation and weak prima facie defences.
POCA Chapter 6 — s48 preservation orders and s53(3) rescission of default forfeiture orders; applicability of Uniform Rules principles to s53(4). Rescission test — explanation for default, bona fides, and bona fide defence (prima facie prospects). Ex parte preservation orders — duty of disclosure; material non-disclosure assessed by whether it would have influenced the court. Lis alibi pendens — requirements (same parties, cause of action, relief) and limited application where reliefs/statutory mandates differ. Client reliance on attorney negligence — may not absolve litigant where papers and warnings were served and accessible.
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9 October 2024 |
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Parol evidence cannot add terms to a written sublease; termination of the headlease ended the sublease and justified eviction.
Property law – lease and sublease – parol evidence rule (integration) excludes prior oral agreement that would vary written sublease; sublessee’s rights terminate on termination of headlease; clause permitting unilateral cancellation by notice upheld; owner not bound to sublessee by mere consent to subletting; eviction granted.
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8 October 2024 |
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Provisional sequestration granted where undisputed surety claims and property valuation support prima facie factual insolvency and advantage to creditors.
Insolvency — Sequestration — Section 9 and 10 Insolvency Act — Prima facie factual insolvency may be inferred from undisputed liquidated claims and property valuation; paucity of respondent's evidence fails to rebut inference — Advantage to creditors satisfied where additional surety liabilities and company liquidation likely increase claims — Provisional sequestration and rule nisi appropriate.
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8 October 2024 |
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Ministerial refusal of permanent residence exemption set aside for failing to consider the disabled child’s best interests.
Immigration — ministerial exemptions under s31(2)(b) — discretion subject to legality and PAJA; Administrative law — duty to consider relevant factors, reasons for decision and review for failure to consider material considerations; Children’s rights — paramountcy of best interests (s28 Constitution) and Children’s Act obligations in administrative decisions; Medical treatment visas (short-term) not equivalent to permanent residence but references to them not per se reviewable error; Substitution vs remittal — separation of powers and public purse considerations.
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7 October 2024 |
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An implied contractual term terminates hospital admission privileges upon suspension from professional registration; no PAJA review arose.
Contract – implied term by law – admission-privileges agreement – implication that privileges terminate when practitioner not entitled to practise (including suspension). Health Professions Act – suspension and deemed cancellation of registration – consequence for hospital admission privileges. Administrative law – PAJA – whether private hospital decision to decline reinstatement is administrative action – held not to be administrative action. Interim relief – requirement of prima facie right where privileges terminated by operation of law.
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7 October 2024 |
| September 2024 |
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Court held execution to frustrate appeal rights unlawful and reinstated applicant pending filing of SCA petition.
Civil procedure – Suspension of execution under Superior Courts Act s 18 – s 18(5) requires lodging with registrar to suspend operation of decision. Abuse of process – expedited execution to thwart appeal rights may be unlawful and subject to court redress. Interim relief – Rule 45A and inherent powers permit suspension of execution and restoration of status quo ante pending lodging of appeal petition. Costs – punitive costs appropriate where respondent engineered a fait accompli to frustrate appeal rights.
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30 September 2024 |
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Reported
High Court interdicted an impeached former judge from participating in JSC processes pending review of his parliamentary designation.
Constitutional & administrative law – National Assembly’s designation to the Judicial Service Commission – scope of High Court jurisdiction versus exclusive Constitutional Court jurisdiction under s167(4)(e) – reviewability under PAJA/legality – exercise of constitutional discretion in s178(1)(h) – compatibility with s165(4) protecting judicial independence – interim interdicts to preserve integrity of JSC processes.
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27 September 2024 |
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Reported
Executor removed for conflicts of interest, partiality and conduct prejudicial to estate; foreign‑litigation costs excluded from estate recovery.
Administration of Estates — Removal of Executor — s54(1)(a)(v) — conflict of interest and partiality where executor is also beneficiary and has engaged in conduct advantaging certain heirs — duties and fiduciary obligations of executor — intervention in foreign litigation and estate costs — failure to lodge liquidation and distribution account timeously — surviving spouse (married in community of property) has standing to seek removal.
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26 September 2024 |
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Court grants plaintiff leave to amend, permits joinder by motion, and orders costs against opposing defendants.
Civil procedure – amendment of pleadings – substantial substitution of particulars – objections as to jurisdiction, prescription and pleading foreign law are triable issues and do not justify refusal of amendment at pleading stage. Joinder – edictal citation for offshore defendants – application acceptable where not opposed but intendit should be updated. Foreign law – not required to be pleaded in detail in particulars; establishable by expert evidence at trial. Piercing corporate veil – sufficient particularity pleaded to raise triable issue. Costs – unsuccessful opposition to amendment and edictal citation ordered party-and-party costs including two counsel, not punitive.
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25 September 2024 |
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Reported
Court confirmed lawful termination of debt review, rejected good‑faith and reckless‑credit defences, and ordered return of the financed taxi.
National Credit Act — debt review (s86) — obligation to participate in good faith (s86(5)) and credit provider’s right to terminate after 60 business days (s86(10)); resumption of debt review (s86(11)) — evidentiary threshold and competence; reckless credit (s80/81) — onus on consumer to particularise contemporaneous facts; remedies under s83 — suspension, setting aside or restructuring limited where agreement validly cancelled; repossession rights on cancellation of instalment-sale agreement.
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25 September 2024 |
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Condonation for late statutory notice dismissed: unexplained delays and weak merits precluded good cause.
Delict — statutory notice under Institution of Legal Proceedings Against Certain Organs of State Act — condonation: requirements of s 3(4)(b) — good cause assessed by explanation for delay and prospects of success; delay in instituting/pursuing condonation relevant; unreasonable delay entails prejudice.
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25 September 2024 |
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Plaintiff proved oral nominee agreements; court ordered repayment, sale of property and awarded costs against defaulting defendant.
Property law – nominee/agency arrangement – oral/tacit agreement enforceable where not effecting immediate alienation; Alienation of Land Act s2(1) strictly construed – does not invalidate nominee arrangements contemplating future sales; Tacit terms – assessed by conduct, correspondence and surrounding circumstances, standard: balance of probabilities; Admissibility and weight of affidavits of deceased by agreement – permissible where fair and corroborated; Civil procedure – trial in absence of defendant – justified where litigant wilfully delays, fails to obtain representation and furnishes insufficient medical evidence; Costs – attorney and client where conduct is vexatious and causes unnecessary expense.
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23 September 2024 |
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Plaintiff's claim against the doctor prescribed because he had knowledge of the material facts by 20 June 2017.
Prescription Act s12(3) – commencement of prescription requires knowledge of debtor’s identity and material facts (facta probanda); employment status of practitioner is not a material fact postponing prescription; onus on defendant to prove date of knowledge; discovery by correspondence or subsequent diagnosis that only yields legal conclusions does not reset prescription; attorney-and-client costs awarded to successful defendant.
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23 September 2024 |
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Respondents held in contempt for failing to hand over body corporate documents; fines, suspended imprisonment and costs ordered.
Contempt of court – failure by managing agent to hand over body corporate documents following registered CSOS adjudication – authority and locus standi of attorneys – single-stage civil contempt procedure and Rule nisi – mitigation (mental health) considered but sanction required to vindicate court authority; judicial fine, suspended periodic committal and costs ordered.
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23 September 2024 |
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Applicant entitled to interim RAF payments; plea admission established statutory liability and RAF’s subrogation directive rejected.
Procedure — Uniform Rule 34A — interim payment — requirements and judicial discretion to grant interim awards where liability admitted in plea. Road Accident Fund — statutory liability under s17 — concession of insured driver’s negligence in plea constitutes admission of liability for interim relief. Medical expenses — Medical Schemes Act and subrogation — RAF’s internal directive cannot lawfully avoid payment of collateral medical benefits; precedent requires RAF to reimburse appropriate past medical expenses. WCC award — obligation to furnish full calculations to permit like-for-like set-off; WCC award does not automatically bar interim payments.
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23 September 2024 |
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Exception upheld where plaintiff failed to plead legal duty, wrongfulness and adequate particulars of pure economic loss.
Exception – no cause of action; Pure economic loss – delict; Wrongfulness/duty – must be pleaded and defined where not self-evident; Causation and quantum – Rule 18(10) requires sufficient particulars; Leave to amend granted.
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20 September 2024 |
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A restraint of trade clause was enforced despite a drafting omission, with rectification allowed and a focused client list for fairness.
Restraint of trade – Interpretation and rectification of contract – Enforceability of restraint clause despite drafting omission – Non-solicitation of clients – Confidential information – Reasonableness of restraint – Amendment of citation – Costs on attorney and client scale.
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19 September 2024 |
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Reported
Non-variation clause upheld; handwritten amendment ineffective; public policy and fraud defences fail; all claims dismissed.
Contract law – non-variation clause – handwritten amendment ineffective where not signed per clause; Cession – locus standi of cessionary established; Public policy – sparing application, onus on party alleging non‑compliance; Fraud/Grusd – fraud must be pleaded and proved, intent/knowledge required; Unjust enrichment – failed where payment by cessionary exceeded alleged overpayment; Warranties/indemnities – cover the ceded contract (unamended) and no breach proved.
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18 September 2024 |
