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Citation
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Judgment date
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| September 2025 |
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A widow’s loss of support claim: career advancement probabilities, the effect of her earnings, and remarriage contingencies clarified.
Delict – Damages – Loss of support – Calculation – Career progression projections – Deductibility of dependant’s earnings – Contingency deduction for remarriage – Need for evidence of likely remarriage – Application of contingency rates; Road Accident Fund liability.
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4 September 2025 |
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A school’s unlawful re‑hearing and disproportionate sanctions for vaping were set aside as ultra vires and procedurally unfair.
Administrative law – school disciplinary decisions – reviewable under PAJA and the principle of legality; Ultra vires action and functus officio where governing body implemented expulsion contrary to statute; Prohibition on double jeopardy/retrial – unlawful ‘second bite’ at same incident; Procedural fairness – inadequate notice and impartiality concerns; Proportionality and best interests of the child – excessive sanctions (bursary withdrawal, permanent exclusion from leadership/sport) unlawful; Remedy – setting aside without remittal; costs awarded.
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3 September 2025 |
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A school's unlawful, disproportionate sanctions and repeat proceedings for vaping were set aside for violating legality and fairness.
Administrative law – School disciplinary proceedings – PAJA – Disciplinary decisions by governing body constitute administrative action – Ultra vires exercise of public power – Functus officio – Double jeopardy – Disproportionate sanctions – Best interests of child – Lawfulness, fairness, and proportionality in school discipline – No remittal where cumulative prejudice suffered.
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3 September 2025 |
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Payment by an insolvent trust for legal services rendered to third parties held to be a disposition not made for value.
Insolvency – Dispositions not made for value – Section 26(1)(b) of Insolvency Act 24 of 1936 – Payment by insolvent trust for services not rendered to it – Whether disposition made for value – Burden on recipient to prove excess of assets over liabilities.
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3 September 2025 |
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Rescission of default judgment refused where no bona fide defence or procedural irregularity justifying nullification was established.
Civil procedure – Rescission of default judgment – Good cause – Nature of procedural irregularities under Magistrates’ Court Rules – Non-compliance with Rule 12(6) does not automatically render judgment void – Requirements for bona fide defence – Force majeure and foreseeability assessed in context of COVID-19.
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3 September 2025 |
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A respondent declared a vexatious litigant after persistently instituting unmeritorious litigation to challenge a finalized divorce order.
Civil procedure – Vexatious proceedings – Section 2(1)(b) Vexatious Proceedings Act 3 of 1956 – Requirements for declaration as vexatious litigant – Persistent institution of unreasonable litigation – Access to courts – Premature application for security for costs – Rule 47 procedure – Procedural fairness in costs orders.
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1 September 2025 |
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An appeal against the refusal to rescind a default judgment was dismissed due to lack of reasonable explanation and bona fide defence.
Civil procedure – Application for rescission of default judgment – Requirements for reasonable explanation for default and bona fide defence – Proper service – Exercise of judicial discretion in refusing rescission – Delay and dilatory tactics – Appeal dismissed.
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1 September 2025 |
| August 2025 |
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The court granted eviction where occupation was based on a void sale and no valid improvement lien or personal hardship was proven.
Eviction – Unlawful occupation – Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 – Void deed of sale – Improvement lien – Enrichment claim – Just and equitable relief – Administration of Estates Act – Alienation of Land Act – Personal circumstances in eviction.
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28 August 2025 |
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Mandatory compliance with bid specifications, including zoning restrictions, was a lawful basis to declare a tender non-responsive.
Administrative law – procurement – judicial review – public procurement – exhaustion of internal remedies under PAJA – responsiveness of bids and mandatory requirements – materiality of regulatory non-compliance – procedural fairness in public tenders – referral to oral evidence in review applications.
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28 August 2025 |
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Application to suspend a minister's delegitimisation struck off roll for lack of genuine urgency caused by applicants' delay.
Practice and procedure – Urgent application – Rule 6(12) – requirements for urgency – self-created urgency due to delay – application struck off roll with costs.
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27 August 2025 |
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A creditor successfully obtained a provisional liquidation order against a company after proving indebtedness, rejecting spurious defences, and demonstrating commercial insolvency.
Company – liquidation – provisional liquidation – requirements for standing as creditor – effect of disputed debt and counterclaims – burden of proving genuine and reasonable defence – commercial insolvency – evidence from communications such as WhatsApp – court's discretion to grant or refuse provisional liquidation.
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27 August 2025 |
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Provisional sequestration granted where applicant established liquidated claims, acts of insolvency, and benefit to creditors.
Insolvency – Sequestration – Authority of applicant – Requirements for liquidated claim – Prima facie acts of insolvency – Advantage to creditors – Compliance with Memorandum of Incorporation – Requirements for granting provisional sequestration under Insolvency Act sections 9(1), 8(c), and 8(g).
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26 August 2025 |
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An asylum seeker’s review of a rejected application was dismissed due to an unreasonable delay and failure to provide a full explanation.
Administrative law – delay in instituting review proceedings – Promotion of Administrative Justice Act (PAJA), section 7(1) – condonation – requirements for reasonable explanation of delay – substitution of administrative action – exceptional circumstances – asylum law – manifestly unfounded application – prospects of success – public interest in finality of administrative decisions.
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26 August 2025 |
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Where both parties contribute to settled interlocutory litigation, the court may decline to make an order as to costs.
Civil procedure – interlocutory application – costs – settlement of substantive relief – mutual contributions to litigation – discretion of court where neither party achieves substantial success.
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26 August 2025 |
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Court orders cessation of membership and fixes value of members' interest where breakdown and BEE fronting suspicions existed.
Close Corporations Act – termination of membership – section 36 – just and equitable ground – valuation of member’s interest where majority interest acquired without payment – BEE fronting – court’s discretion in valuation and remedy.
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26 August 2025 |
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Summary judgment granted against surety where no bona fide defence or triable issue to bank's multi-loan claim was established.
Summary judgment – Suretyship – Defences – Alleged prejudice by creditor – Procedural requirements – Liquidated claim – Whether bona fide defence established – Summary judgment granted where no triable issue raised.
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26 August 2025 |
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Court enforces restraint of trade against former employee to protect confidential information and customer relationships, finding restraint reasonable and enforceable.
Restraint of trade – enforceability – confidential information – customer relationships – final interdict – urgency – enforceability of restraint agreements – employer proprietary interests – public policy – motion proceedings – disputes of fact – striking out averments and hearsay evidence.
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26 August 2025 |
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An exception to an attorney negligence claim was dismissed due to procedural defects and the sufficiency of the particulars of claim.
Civil procedure – Exception – Uniform Rule 23 – procedures for exceptions on grounds of vagueness and lack of averments – attorney negligence – prescription – sufficiency of pleadings – prejudice and embarrassment – defective exceptions dismissed.
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26 August 2025 |
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A lien holder cannot lawfully lease property to third parties, rendering such occupiers unlawful and subject to eviction under the PIE Act.
Eviction – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – Lien holder’s rights – Whether lien holder may lease property – Lawfulness of occupation under the PIE Act – Non-joinder and intervention – Just and equitable consideration for eviction order – Alternative accommodation and vulnerability of occupiers.
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26 August 2025 |
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A dealership’s appeal and review of a Tribunal order to refund a defective vehicle under the CPA was dismissed for lack of merit.
Consumer Protection Act – Implied warranty of quality – Motor vehicle found defective within six months of sale – Supplier’s responsibility under section 56 – Jurisdiction of High Court under PAJA – Simultaneous appeal and review – Evidence before the Tribunal – Procedural objections not properly pleaded.
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26 August 2025 |
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Application for rescission based on alleged forgery of suretyship signature dismissed for lack of bona fide defence and valid service.
Civil procedure – Rescission of default judgment – Uniform Rule 31(2)(b) and common law – Service at chosen domicilium – Suretyship – Allegation of forgery – Requirement for expert evidence – 'Good cause' for rescission – Bona fide defence and prospects of success.
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25 August 2025 |
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An appeal against rape conviction and sentence dismissed; court upholds reliance on single child witness and 18-year sentence.
Criminal law – rape of a minor – evidence of a single child witness – corroboration – approach to inconsistencies – minimum sentences – substantial and compelling circumstances – judicial discretion in sentencing – appeal against conviction and sentence.
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25 August 2025 |
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Design infringement established where substantially identical solar panel brackets were sold for the protected class, despite alternative uses.
Intellectual property — Registered designs — Design infringement — Sale and disposal of substantially identical articles — Scope of class registration and effect of alternative uses — Construction of definitive statement and effect of misdescription — Interpretation of s 20(1) of Designs Act 195 of 1993.
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25 August 2025 |
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Application for leave to appeal dismissed where court’s procedural decisions and exercise of discretion raised no reasonable prospect of success.
Civil Procedure – Leave to Appeal – Exercise of judicial discretion in case management and postponement – Refusal of condonation and postponement as not infringing constitutional rights – Dismissal of application for leave to appeal where no reasonable prospects of success or compelling reasons shown.
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25 August 2025 |
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A delayed claim for specific performance under a deed of sale prescribed where the applicant failed to act within the statutory period.
Prescription – Specific performance – Contract for sale of land – When claim for transfer becomes due – Interpretation of contract – Reciprocal obligations – Sections 12(3), 13(2), and 14(1) of the Prescription Act – Running and interruption of prescription – Failure to act with reasonable diligence – Prescription upheld.
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22 August 2025 |
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Court upholds validity of will and execution, affirms appointment of executor, and rejects claim of disqualification under s 4A(1) of the Wills Act.
Wills and estates – Validity of will – Compliance with formalities in the Wills Act 7 of 1953 – Competency of testator – Mental capacity – Disqualification in terms of section 4A(1) – Distinction between handwritten and typed will – Appointment and removal of executor – Intestate succession – Onus of proof.
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22 August 2025 |
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Constitutional challenge to political party funding legislation and delegated discretion dismissed; court finds regulatory structure and process constitutionally valid.
Constitutional law – Political party funding – Validity of donation limits and disclosure thresholds in legislation – Amendment of legal framework – Delegation of regulatory authority to President – Mootness of constitutional challenge – Public participation challenge and jurisdiction – Adequacy of legislative guidelines for delegated discretion – Right to vote, information, and free elections – Civil procedure – Dismissal of challenge to party funding regime.
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21 August 2025 |
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Court deviates from statutory life sentence for murder due to lengthy pre-trial detention and mitigating circumstances, imposing 24 years.
Sentencing – Minimum sentences – Murder with common purpose – Substantial and compelling circumstances – Deviation from prescribed minimum – Pre-trial incarceration and intoxication as mitigators – Attempt to defeat or obstruct administration of justice – Individualized sentence – Suspended sentence – Principle of proportionality.
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21 August 2025 |
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A court held that a second agreement for property transfer was not a sham and ordered specific performance for its registration.
Contract law – specific performance – simulated agreements – sufficiency of consideration – interdependence between sequential sale agreements – transfer of immovable property – interpretation of multi-phase commercial transactions – tax implications determined by substance over form.
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20 August 2025 |
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Damages for loss of earnings and future medical expenses awarded to an injured train passenger, including provision for prostheses.
Personal injury – Damages – Quantum – Loss of earnings – Appropriate contingencies – Prosthesis selection (myo-electronic versus cosmetic) – Principles for future medical expenses in delict – Expert evidence and joint minutes – Scale of costs.
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20 August 2025 |
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Appeal against conviction for premeditated murder and a sentence of life imprisonment dismissed; no substantial and compelling circumstances found.
Criminal law – Murder – Premeditated murder – Minimum sentencing – Plea of guilty – Whether conduct amounted to premeditated murder – Consideration of remorse, personal circumstances, and period of pre-sentence incarceration – No substantial and compelling circumstances for deviation from life imprisonment.
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20 August 2025 |
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High Court declined to grant declaratory relief interpreting zoning by-laws on short-term letting, finding the application abstract and overbroad.
Administrative law – Zoning by-law interpretation – Declaratory relief – Discretion of court – Separation of powers – Justiciability – Standing – Community Schemes Ombud Service Act – Refusal of overbroad, abstract, and premature application for declaratory order.
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20 August 2025 |
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Court declined to order partition or buy-out where property was company-owned and relief was not properly pleaded or proved.
Company law – shareholding and directorship disputes – property owned by company – partition of company-owned assets – scope of court's equitable discretion – attorney and client costs – abuse of process.
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19 August 2025 |
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Condonation for late delivery of an expert report granted in the interests of justice despite inadequate explanation for the delay.
Civil procedure – Condonation – Rule 27 – Late delivery of expert report and notice – Interests of justice paramount – Costs following irregular step.
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19 August 2025 |
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Court may grant provisional sequestration where the debtor maintains business ties locally despite having emigrated abroad.
Insolvency – Provisional sequestration – Jurisdiction of court under section 149(1) where debtor has relocated abroad – Meaning of 'carrying on business' within jurisdiction – Acts of insolvency – Advantage to creditors – Prima facie case for sequestration established by judgment creditor.
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19 August 2025 |
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Application for rescission of default judgment based on an acknowledgement of debt dismissed for lack of bona fide defence and proper explanation.
Civil procedure – Rescission of default judgment – Rule 42(1)(a) and common law – Acknowledgement of debt – Personal liability of company directors – Proper service – Absence of bona fide defence or reasonable explanation for default – Application for rescission dismissed with costs.
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19 August 2025 |
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Application for leave to appeal in child relocation dispute refused; High Court affirmed as exclusive forum with wide discretionary powers.
Family Law – Child relocation – Urgency – Jurisdiction of High Court vs Children’s Court – Lis alibi pendens – Interdictory relief – Best interests of the child – Powers of High Court as upper guardian.
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18 August 2025 |
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Bail was refused on appeal for an accused in an attempted murder case due to ongoing risk to the complainant's safety.
Criminal Procedure – Bail appeal – Material irregularities in lower court decision – Schedule 5 offence – Reverse onus on appellant – Risks to complainant’s safety – Adequacy of bail conditions – Domestic violence context – Section 60 of Criminal Procedure Act.
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15 August 2025 |
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Court set aside oppressive loans and compensated a co-equal shareholder for unfair dividend exclusion and management exclusion under s163.
Company law – Oppression remedy – Companies Act 71 of 2008 s 163 – Directors' conduct – Unfair prejudice and unfair disregard of shareholder interests – Dividend payments and loans to related parties without shareholder approval – Section 75(3) and (5) breaches – Voidable agreements – Equitable remedies – Family company – Exclusion of shareholder – Directors replaced and transactions set aside – Broad remedial jurisdiction under s 163(2).
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15 August 2025 |
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Challenge to validity of will executed by thumbprint dismissed for failing to rebut presumption of regularity under the Wills Act.
Wills and estates – Validity of will executed by thumbprint – Requirements for execution by mark under section 2(1)(a) of Wills Act 7 of 1953 – Presumption of validity of will regular ex facie – Onus on applicant to prove invalidity – Credibility of conflicting witness evidence in contesting execution of will.
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15 August 2025 |
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Court enforces adjudicator’s determination in a building contract dispute, confirming strict limits on judicial review of expert decisions.
Construction law – Adjudication – JBCC Principal Building Agreement – Enforcement of adjudicator's determination – Jurisdiction of adjudicator – Reviewability of expert determination – Grounds for judicial intervention – Finality and enforceability of adjudicator's award.
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15 August 2025 |
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Court enforces adjudication award under JBCC contract, rejecting jurisdictional and review challenges by the respondent.
Construction law – Dispute resolution – JBCC contract – Adjudication – Expert determination – Jurisdiction – Enforceability of adjudicator’s determination – Scope of judicial review – Finality and binding nature of adjudication award.
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15 August 2025 |
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Court dismissed unrepresented applicants’ leave to appeal against urgent declaratory order, holding no reasonable prospects of success existed.
Civil procedure – leave to appeal – test under section 17(1) of the Superior Courts Act – late notice of appeal – whether declaratory order properly granted – suspension of eviction orders – costs where application defective and applicants unrepresented.
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15 August 2025 |
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The court applied the doctrine of common purpose to convict three accused of murder, attempted murder, and firearms offences.
Criminal law – murder – attempted murder – doctrine of common purpose – admissibility of warning statements – alibi defences – lawful and unlawful firearm and ammunition possession – identification evidence – credibility of state witnesses – minimum sentences under Criminal Law Amendment Act.
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15 August 2025 |
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Court sets aside approval for offshore oil and gas drilling due to failures to assess key environmental, socio-economic, and transboundary impacts.
Environmental law – judicial review – environmental authorization – offshore oil and gas exploration – failure to assess socio-economic impacts, ICMA factors, climate change, transboundary effects – public participation – contingency planning – rights and interests under National Environmental Management Act (NEMA) and Integrated Coastal Management Act (ICMA).
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13 August 2025 |
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Court dispenses with unreasonably withheld parental consent for a child's overseas travel, imposing balanced safeguarding conditions.
Family law – Children – Overseas travel – Section 18 of the Children’s Act and section 28 of the Constitution – Refusal or conditioning of parental consent – Reasonableness of consent conditions – Court’s power to dispense with unreasonably withheld guardianship consent – Mirror orders and safeguards for international child travel – Best interests of the child paramount.
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12 August 2025 |
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Appeal dismissed where life sentence for murder of a minor was found proportionate despite offender’s youth and personal circumstances.
Criminal law – Sentencing – Murder of a minor by a young adult family member – Minimum sentences – Consideration of substantial and compelling circumstances – Deviation from prescribed life imprisonment – Youth and background versus aggravating features – Appellate review of sentencing discretion.
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11 August 2025 |
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Summary judgment was refused where the defendant raised a triable issue regarding rental remission due to COVID-19-related hinderance.
Civil procedure – summary judgment – application after delivery and withdrawal of counterclaim – condonation under rule 27 – lease dispute – COVID-19 lockdown – force majeure – remission of rental – deed of suretyship – continuing liability – no-variation clause – triable issue raised as to rent remission under contractual force majeure.
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8 August 2025 |
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Court awarded 80% of proven damages for permanent brain injury, including loss of earnings, medical expenses, and costs.
Delict – personal injury – quantum – damages for brain injury, cognitive and physical sequelae – future medical expenses – loss of earning capacity – approach to contingencies – assessment of need for caregiver versus domestic assistance; meaning of ‘normal contingencies’; legal principles for assessment of damages; costs recovery of expert witnesses.
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7 August 2025 |
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A spouse’s alleged gambling addiction alone does not justify forfeiture of benefits in a divorce without proof of undue benefit.
Divorce – Marriage in community of property – Irretrievable breakdown – Counterclaim for forfeiture of patrimonial benefits – Section 9(1) Divorce Act – Substantial misconduct – Gambling addiction – Whether benefit is undue – Equal division of joint estate – Appointment of receiver and liquidator – Care and maintenance of minor child.
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6 August 2025 |