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Citation
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Judgment date
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| September 2024 |
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Handwritten, unsigned amendments fail non-variation clauses; cessionary’s warranty/indemnity claims based on the unamended contract fail.
Contract law – non-variation clause – handwritten amendment unsigned by lessor ineffective and unenforceable. Cession – locus standi to sue under valid cession; warranties/indemnities relate to the Contract as ceded. Public policy – non-variation clauses enforced except in clearest cases; absence of explanation for non-compliance fatal. Fraud/Grusd – fraud must be pleaded and proved; allowing benefit does not dispense with intent requirement. Enrichment – claimant not impoverished where cessionary paid greater sum to prior supplier than alleged overpayment.
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18 September 2024 |
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A pre-emptive right is triggered by receipt of an offer; the holder must step into the third party's terms and cannot vary the sale.
Pre-emptive rights – trigger point is receipt of a third-party offer; exercise requires stepping into third party's position on same terms; holder cannot vary or cherry-pick sale terms; usufruct precedes registered owner's pre-emptive right for leases; conditional consent does not constitute irrevocable waiver of usufruct.
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18 September 2024 |
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Marital co-ownership of the family home can be 'bound' by marriage and its division deferred until divorce resolution.
Property law – Actio communi dividundo – availability where co-ownership arises from marriage out of community with accrual; distinction between free and bound co-ownership. Matrimonial/property law – marital home acquired during marriage constitutes bound co-ownership if it arises from the extrinsic matrimonial relationship. Equitable discretion – when physical partition impracticable, court may order sale, award property to one owner with compensation, or other modes; must consider market value, equity, accrual, and maintenance. Procedural – termination of co-ownership and ancillary accounts appropriately determined concurrently with divorce/patrimonial claims where issues are interdependent.
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16 September 2024 |
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Applicant obtains final winding‑up; respondent found unable to pay debts and member referred for perjury investigation.
• Company/Close corporation law – winding‑up – where creditor holds admitted, due and payable debt – final winding‑up order appropriate.
• Insolvency – commercial insolvency test preferred to contested unproven asset valuations.
• Civil procedure – bona fide dispute defence – narrow discretion to refuse winding‑up where debt is admitted and dispute unsubstantiated.
• Costs – costs in the liquidation; attorney‑and‑client scale where opposition is vexatious and dishonest.
• Perjury – referral to DPP where respondent’s member made false sworn statements.
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13 September 2024 |
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Whether deportation of asylum‑seekers can be interdicted pending merits determinations given non‑refoulement and separation‑of‑powers.
Refugee law – non‑refoulement – interim interdict against deportation pending merits determination; suspension of statutory provisions – heightened test (OUTA/EFF) and separation of powers; persuasive effect of Constitutional Court in Ashebo; case management and costs in cause.
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13 September 2024 |
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Municipality not liable for plaintiff’s fall on a walkway serving a private centre; plaintiff failed to prove wrongfulness, negligence or causation.
Delict – municipality liability for omissions; legal duty and wrongfulness assessed against public policy; private encroachment onto municipal land; NBRSA s 23—limits of statutory indemnity for positive acts vs omissions; onus to prove causation and negligence.
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12 September 2024 |
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Appeal upheld: convictions for theft and perjury overturned due to inadequate evidence and trial misdirections.
Criminal law – Theft and perjury – sufficiency of evidence – State failed to prove theft as charged; conviction unsafe. Evidence – failure to call witnesses able to explain final statement of account; failure to consider crucial invoice (Exhibit V) and SIU investigator’s concessions. Procedural – duplication of charges where multiple counts arise from same narrow set of facts. Section 174 – discharge where State has not established a prima facie case. Judicial review on appeal – appellate intervention warranted for material misdirections in credibility and fact-finding.
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12 September 2024 |
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Reported
The respondent liable where open train doors led to the applicant being pushed from a moving train.
Public carrier duty – obligation to keep carriage doors closed while trains in motion – delictual liability for omission. Evidence and probabilities – corroboration by ambulance and hospital records supports applicant's version despite absence of respondent's incident reports. Causation – established by but-for (conditio sine qua non) test linking open doors to ejection and injury. Contributory negligence – not established where applicant did not voluntarily assume or appreciate the risk sufficiently to reduce liability.
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10 September 2024 |
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A court-appointed receiver owes fiduciary transparency and must disclose bank statements and documents used to calculate trust distributions.
Trusts — Receivership — Receiver’s fiduciary duties to beneficiaries; obligation to account fully and disclose supporting documents used in liquidation and distribution account; breach of s10(1) Trust Property Control Act by commingling trust funds; production of bank statements and interest-calculation schedules; extension of dissolution date and procedural timetable; costs awarded against receiver.
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10 September 2024 |
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A non-responsive tenderer has standing but failed to show grounds for an interim interdict halting the tender award.
Administrative law – tenders – standing of non‑responsive tenderer to challenge award; Interim interdict – requirements (prima facie right, irreparable harm, balance of convenience) – ineffectiveness of review and entrenchment arguments; Contract vs administrative action – termination notice; Separation of powers – court should not select contracting party to continue performance; Costs – Biowatch protection in constitutional/administrative challenges.
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10 September 2024 |
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A damages claim for fraudulent misrepresentation arising from a consent divorce order is not automatically barred by res judicata.
Civil procedure – exception – res judicata – consent settlement made an order of court – distinguishability of relief and cause of action; Delict/contract – fraudulent misrepresentation – accounting and debatement to quantify damages; Fraud vitiates transactions; Pleading sufficiency for damages claim arising from alleged fraud.
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9 September 2024 |
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CSOS may adjudicate building‑penalty disputes; penalties invalid where imposed without fair notice or opportunity to be heard.
Community Schemes Ombud Service Act — jurisdiction to adjudicate building/contractual penalties; distinction between ‘void’ and ‘invalid’ decisions (s41); section 39(1) financial issues includes penalties; procedural fairness before levying building penalties (notice and opportunity to remedy/represent); CSOS jurisdiction upheld by case law (Chapman's Bay; Stone River).
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6 September 2024 |
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Appeal against convictions and life sentences for rape of a minor dismissed; trial court’s credibility and sentence upheld.
Criminal law – Sexual offences – Evidence of single child witness and cautionary approach; credibility and evaluation of inconsistencies and delayed reporting; appellate interference with trial credibility findings (S v Francis); sentencing – prescribed minimum life sentences for rape of a minor and assessment of substantial and compelling circumstances (Malgas/Zinn).
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6 September 2024 |
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Reported
Whether plaintiff’s diminished earning capacity from police assault warranted an actuarial award and quantum.
Delict — future loss of earning capacity — expert evidence (industrial psychologists, psychologist) — actuarial computation — choice of earnings basis (corporate surveys v STATSSA) — contingencies and contingency differential — mitigation and credibility.
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6 September 2024 |
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Summary judgment refused where application was procedurally late and the claimed amount was not a readily ascertainable liquidated sum.
Summary judgment — strict compliance with rule 32(2) — timely delivery and set-down — liquidated amount — claim not liquidated where ledger contains unexplained opening balance and untaxed legal fees — suretyship liability — effect of sublease and alleged prejudice to sureties.
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6 September 2024 |
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Appeal dismissed: convictions and life sentences for gang rape of an intellectually disabled minor upheld; J88 admitted and expert evidence accepted.
Criminal law – Sexual offences – Rape of a minor with intellectual disability – competence and credibility of a vulnerable complainant; intermediary testimony. Evidence – Hearsay and medico-legal J88 report – provisional admission, expert interpretation and probative value. Identification – proof beyond reasonable doubt and rejection of accused’s alibi as not reasonably possibly true. Sentence – application of prescribed minimum (life) where rape committed by multiple offenders on a mentally disabled minor; no substantial and compelling circumstances. Court administration – duty to ensure functioning audio equipment for intermediary evidence; referral to professional regulator for allegedly deficient medical examination.
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5 September 2024 |
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Late leave to appeal against final sequestration refused for inordinate delay and inadequate explanation.
Civil procedure — Condonation for late filing of leave to appeal — test: extent and cause of delay, reasonableness of explanation, prejudice, prospects of success. Insolvency — sequestration — final sequestration order: appeal lodged late; trustees appointed and estate realisation advanced. Rule 46A — allegation that sequestration was used to circumvent Rule 46A rejected as previously considered. Constitutional right to housing (s26) — raised but did not justify condonation or prospect of success. Costs — costs awarded to applicant from insolvent estate, including two counsel on specified scales.
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5 September 2024 |
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Applicant failed to prove incapacity or duress to rescind consent order; application dismissed with adverse costs.
Family law — rescission of consent order — application to set aside parental-responsibility and adoption clauses — onus to prove lack of capacity or duress — relevance of contemporaneous evidence and advice — motion proceedings and referral to oral evidence — exercise of discretion in awarding attorney-and-client and party-and-party costs.
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4 September 2024 |
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Reported
Criminal court lacked jurisdiction to order mayor to establish trust; appellate court set aside sentencing orders as nullities.
Criminal law — Sentencing powers — Limits on a criminal court’s jurisdiction to make orders affecting non-parties and organs of state; administrative/municipal powers — orders compelling a mayor to establish a trust may be ultra vires and conflict with MFMA; Constitutional law — separation of powers, principle of legality and inherent powers (s173) limited to developing common law where necessary; Children’s rights — s28(2) (best interests of the child) only applies where proceedings are a matter concerning the child; Procedural fairness — necessity to join or notify affected parties (audi alteram partem).
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3 September 2024 |
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Rescission refused: personal service upheld and costs de bonis propriis awarded against the applicant’s attorney.
Rescission of judgment – Rule 42(1)(a) – requirement of absence and material procedural error; sheriff’s return prima facie evidence of personal service; National Credit Act s86(10) – valid termination of debt review; wilful default vs excusable absence; costs de bonis propriis – personal liability of attorney (attorney-and-client scale).
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3 September 2024 |
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VAB’s valuation of a life-right retirement village was irrationally calculated and must be set aside and reheard by a differently constituted board.
Property rates valuation – life-right retirement scheme – requirement to apply generally recognised valuation methodologies (s45 Rates Act) – failure to account for contractual repayment obligations and levies – occupancy and waiting-list relevance – VAB decision irrational and reviewable under PAJA.
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3 September 2024 |
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A magistrate erred by holding the Administration of Estates Act ousted creditors’ common-law right to sue a deceased estate.
Administration of Estates Act – effect on creditors’ common-law rights; jurisdiction of magistrate’s court to entertain claims against deceased estates; default judgment; misdirection in law by lower court.
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2 September 2024 |
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Applicant sought vehicle release after BEC; court found likely email compromise but dismissed the application as inappropriate.
Cybercrime / Business Email Compromise (BEC) — email authentication (SPF/DMARC/ARC), altered attachments and attribution of compromise Interim and mandatory interdicts — requirements for final interdictory relief; substance over form; appropriateness where ownership/liability disputed Vindicatory relief (rei vindicatio) — ownership vs possession in financed sale; financier’s rights and suitability for motion proceedings Evidentiary issues — admissibility and weight of forensic expert affidavit evidence in motion proceedings; need for further procedural steps (cross-examination/case management) Contractual retention clauses — distinction between ownership retention and right to deliver/transfer possession
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2 September 2024 |
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Whether CSOS adjudicators have jurisdiction to review reasonableness of body corporate meeting decisions under s38/39 or s6(9) STSMA.
Community Schemes Ombud Service Act — jurisdiction of Ombud and Adjudicators under ss 38–39; Sectional Titles Schemes Management Act s 6(9) — recourse to Ombud but does not oust CSOS procedures; review standard — application of reasonableness in body corporate decision-making; remedy — remittal to Ombud Service for merits and costs.
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2 September 2024 |
| 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 |
| July 2024 |
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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.
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31 July 2024 |
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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).
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29 July 2024 |
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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.
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27 July 2024 |
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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.
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26 July 2024 |
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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.
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25 July 2024 |
