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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
10 judgments

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10 judgments
Citation
Judgment date
February 2026
A service station consent use on GB1 permits retail and storage of LPG; declarator/interdict refused and costs awarded.
Municipal planning by‑law interpretation — 'service station' as retail supply of fuel includes LPG; GB1 consent use permits sale/storage of LPG; 'risk activity' not confined to Risk Industry zone; safety regulated by Fire Safety By‑law, NBR and MHI regulations; Biowatch costs principle inapplicable where litigation is not a genuine public‑interest constitutional review.
3 February 2026
A service station consent in GB1 permits retailing and storage of LPG; risk activities need not be confined to RI zoning.
Municipal planning — Interpretation of Development Management Scheme — "Service station" includes retail sale and storage of LP gas — Risk activities not confined to Risk Industry zoning — Safety regulated by DMS Item 124, Fire Safety By‑law, NBR and MHI regulations — Declarator and interdict refused — Biowatch principle inapplicable to costs.
3 February 2026
Court adjusted life-expectancy (between actuarial tables) and awarded R6,407,053.60 after apportionment for personal-injury losses.
Delict — personal injury quantum — assessment of general damages, past and future medical/prosthetic costs, and loss of earnings; life-expectancy valuation — choice between apartheid-era Life Tables (1984–86) and Koch’s socio-economic modification — individualisation, constitutional equality and dignity concerns; admissibility and effect of joint expert minutes (Rule 38(2)); contingencies and actuarial adjustments; transport, domestic-care awards; costs including two counsel.
2 February 2026
January 2026
Review for bias and irregularity of Small Claims Court judgment dismissed; procedural defect cured; no bias.
Small Claims Court — review limited to section 46 grounds — inquisitorial and informal procedure — presumption of impartiality; failure to serve counterclaim cured by recalling parties; PAJA inapplicable; res judicata inapplicable.
29 January 2026
Whether plaintiffs are entitled to R2 million in trust after an invalid cession and fraudulent diversion by defendants.
Delict/contract – declaratory relief – cession – anti-cession clause – formalities for cession where parties agree – splitting of debt without debtor’s consent (test: prejudice to debtor) – mala fide diversion/fraud vitiates transactions – discretionary grant of declaratory orders; costs apportionment.
29 January 2026
Leave to appeal refused where applicants failed to show reasonable prospects in challenge to voluntary liquidation.
Leave to appeal – section 17(1) Superior Courts Act – reasonable prospects of success required; Voluntary liquidation – setting aside special resolution – statement of affairs compliance; Distinction from Enyuka where special resolution was directly challenged; Procedural appearance in person – no irregularity.
29 January 2026
Absolution refused: liquidators established a prima facie ownership and Insolvency Act claim over livestock.
Insolvency law; consumption-for-loan (lease) of livestock; transfer of ownership on delivery; rei vindicatio and actio ad exhibendum; absolution from instance — prima facie test; setting aside dispositions under sections 26, 29 and 31 Insolvency Act.
27 January 2026
An owner may obtain an interim interdict to compel a tenant to procure compliant storage and remove unlawfully stored flammable substances.
Interdict — Urgency and condonation — Community Fire Safety By-Law — obligation of owner and occupier to obtain flammable substance certificate — interim interdict tailored to require respondent to procure compliant alternative storage pending return date — prima facie right, apprehension of harm, no adequate remedy.
21 January 2026
Late objections to post‑reply affidavits and a misconceived strikeout caused postponement; respondents ordered to pay wasted costs and directions given.
Interlocutory procedure — rescission of interim interdict — admission of further affidavits (extraordinary/ad hoc admission) — Rule 30 and Sewpersadh principles — premature strikeout application — wasted costs for eleventh‑hour interlocutory skirmishing.
19 January 2026
Unilateral price‑adjustment invalid where exercise was unreasonable, delayed, misapplied and ignored Fairtrade entitlements.
Contract — price‑adjustment clause — unilateral discretion after consultation — arbitrio boni viri (objective reasonableness) — timing/reasonable exercise — consultation must be meaningful — scope excludes extraordinary force majeure/abnormal Covid‑19 market conditions — Fairtrade entitlements to be excluded from adjustment.
16 January 2026