|
Citation
|
Judgment date
|
| April 2005 |
|
|
A lawyer should not sign urgency certificates or attest affidavits for a client represented by the lawyer's own firm.
Urgent procedure – Rule 242(2)(b) – Certificate of urgency – Conflict of interest – Legal practitioner from same firm signing certificate – Impartiality of commissioners of oaths – Attestation of affidavits
|
27 April 2005 |
|
Applicant held in contempt for refusing to surrender title deeds; release refused and punitive costs awarded.
Contempt of court – disobedience of court order – requirements for contempt (valid order, service/notice, disobedience) – purging contempt by surrender of property – entitlement to be heard while in contempt – punitive costs (attorney-and-client) for dishonesty and deplorable attitude.
|
27 April 2005 |
|
Court interdicted execution on a satisfied writ, finding unlawful alteration and awarding attorney-and-client costs for bad faith.
Civil procedure – execution – use of a satisfied writ – unlawful alteration of writ by legal practitioner – urgency of relief to prevent perverse conduct – award of attorney-and-client costs for lack of bona fides.
|
27 April 2005 |
|
Urgent relief refused where applicant manufactured urgency by continuing operations after licence cancellation.
Administrative law — Cancellation of media registration (s71 AIPPA) — Appeal to Administrative Court — Urgent interim relief — Self-created urgency and lack of bona fides — Abuse of urgency certificate — Balance of convenience not available to one who created urgency.
|
27 April 2005 |
|
Urgent interdict to restrain spouse from disposing of matrimonial property dismissed for non-disclosure and lack of evidence of disposal.
Urgent civil relief – duty of full and frank disclosure in urgent applications – interlocutory interdict against disposal of property registered in spouse’s name – balance of convenience and prejudice to registered owner.
|
20 April 2005 |
|
Confirmed execution sale stands where debtor failed to object in time; eviction granted and punitive costs awarded.
Execution sale – confirmation under order 26 rule 7(15) – failure to object within prescribed period – setting aside sale requires exceptional circumstances; Eviction – transfer of property after auction – occupier's right to resist absent timely objection; Costs – abuse of process warrants legal practitioner and client scale.
|
20 April 2005 |
|
Judge recused herself because prior involvement with respondent gave rise to a reasonable perception of bias.
Recusal — reasonable apprehension of bias — appearance versus actual bias — prior judicial involvement in related proceedings — objective test for disqualification.
|
20 April 2005 |
|
An employer who defies a binding NEC determination cannot obtain injunctive relief until it complies with or properly challenges that determination.
Labour law – NEC determinations – Employer bound by NEC reinstatement direction pending review or appeal; compliance required before court will grant injunctive relief; procedural impropriety of seeking interim relief in chamber application when identical to final relief; validity and applicability of an employer’s code of conduct after transfer of undertaking and regulatory amendment.
|
20 April 2005 |
|
Court confirmed provisional interdict enforcing applicant's right of first refusal and set aside sale procured by intimidation.
Property law – right of first refusal – existence and timely exercise; Agency – authority of administrator to negotiate; Contract/Public policy – agreement procured by intimidation/undue pressure unenforceable (contra bonos mores); Confirmation of provisional interdict; Costs awarded to applicant.
|
20 April 2005 |
|
DNA paternity evidence upheld; supernatural tampering allegations insufficient—appeal dismissed with costs.
Family law — custody — presumption of legitimacy for children born in wedlock — paternity established by accredited DNA testing — supernatural allegations inadmissible — Witchcraft Suppression Act — children’s welfare paramount.
|
20 April 2005 |
|
The applicant failed to prove urgency to alter company records; only reinstatement as director and shareholder was granted.
Company law — validity of share allotment and director appointment — CR14 and allotment forms; Urgency — principles for urgent chamber applications and need to show good cause; Interim relief — anti-dissipation threats insufficient without showing irreparable prejudice; Relief refused where urgency not established.
|
20 April 2005 |
|
Unduly lenient sentence for high-value theft; inadequate sentencing reasons led to withholding of review certificate.
Criminal law – Sentencing – Theft of agricultural infrastructure – High value and partial non-recovery – Moral blameworthiness – Inadequate reasoning by trial court – Review and withholding of certificate.
|
20 April 2005 |
|
Bail refused: serious rape charge, strong state case and prior illegal departures created real abscondment risk.
Bail (pending trial) — interference with witnesses — mere suspicion insufficient; abscondment risk — factors: seriousness of charge, strength of state case, ability to flee, past conduct — bail refused.
|
13 April 2005 |