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Citation
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Judgment date
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| May 2010 |
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Interim relief granted to restore flow through an underground pipeline pending registration of a permanent servitude under the Water Act.
Water law – servitude of passage of water – unregistered/common‑law servitude – urgent interim relief – authorisation of Deputy Sheriff and police to enforce restoration – joinder of director as alter ego not fatal
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26 May 2010 |
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The appellant’s appeal against rape conviction and sentence was dismissed; the trial court’s credibility and identity findings were upheld.
Criminal law – Rape – identity – credibility of complainant – appellate review of trial court’s factual and credibility findings – impersonation of police officer.
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26 May 2010 |
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Applicants convicted of murder denied bail pending appeal due to weak prospects of success and risk to administration of justice.
Bail pending appeal – convicted of murder with constructive intent – presumption of innocence falls away – factors: prospects of success on appeal and interests of justice (risk of abscondment) – factual appeals difficult to succeed – bail refused.
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26 May 2010 |
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Eviction orders and default judgments were void where the eviction application was launched before a Rent Board determination and cause of action accrued.
Eviction law – Rent Board certificate required for eviction – Accrual of cause of action – Initiating process filed before right arose renders proceedings nullity – Default judgments void ab initio – Jurisdictional defect
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19 May 2010 |
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Sale of matrimonial house in defiance of a court order is void; purchaser aware and both respondents liable for attorney-client costs.
Family/property law – sale of matrimonial property in defiance of court order – service irregularity condoned – sale declared nullity – purchaser not bona fide where aware of dispute – punitive attorney-client costs ordered
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19 May 2010 |
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Appellant’s collection of fares without issuing tickets supported an inference of dishonesty, so appeal against theft convictions dismissed.
Criminal law – Theft – Collection of fares without issuing tickets – Inference of dishonesty and intention to appropriate – Role of supervisory position – R v Difford; R v Ndhlovu
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19 May 2010 |
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Plaintiff's premature set-down and failure to attend pre-trial justified dismissal under Order 26 Rule 182(2), with costs.
Civil procedure — Pre-trial conference — Order 26 Rule 182(4) and (2) — Premature set-down before close of pleadings — Failure to attend pre-trial — Dismissal with costs.
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19 May 2010 |
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Applicant lacked standing for spoliation because his possession was derivative and the lease had been lawfully terminated.
Spoliation (mandament van spolie) – locus standi – derivative possession through lessee – termination of lease – peaceful and undisturbed possession – lawfulness of dispossession
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12 May 2010 |
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Applicant failed to establish urgency or satisfy interdict requirements; application for interim reinstatement was dismissed with costs.
Urgent chamber application; interim interdict; certificate of urgency; requirements for interlocutory interdict (clear or prima facie right, irreparable harm, balance of convenience, no alternative remedy); insufficiency of founding affidavit; availability of ordinary remedy (damages)
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12 May 2010 |
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Conviction quashed due to untested alibi, unreliable identification and denial of a defence witness.
Criminal law — robbery; burden to disprove alibi; identification evidence — identification parade, clothing descriptions, reliability; right to call defence witnesses; conviction quashed.
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12 May 2010 |
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Whether the respondent's refusal to promote the applicant was unreasonable, justifying urgent judicial intervention under administrative law.
Administrative law – reasonableness and fairness of sporting body's decision; Administrative Justice Act s3(1)(a); internal remedies – when exhaustion excused; urgent relief; punitive costs
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9 May 2010 |