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Citation
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Judgment date
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| June 2010 |
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A magistrates' court cannot lawfully reverse its confirmed writ; invalid counter-writ set aside and cattle returned to the applicant.
Civil procedure – confirmation and registration of customary court judgment – writ of execution – functus officio: magistrates' court cannot reverse its executed writ by issuing counter-writ – validity of subsequent writ – condonation under Order 1 r 4C(a) – order for return of property.
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30 June 2010 |
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Bail pending appeal refused where strong evidence, poor prospects of success, serious sentences and high flight risk jeopardise administration of justice.
Criminal procedure — Bail pending appeal — Prospects of success on appeal and interests of justice — Seriousness of offence and mandatory minimum sentence — Flight risk and prior convictions.
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30 June 2010 |
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Bail pending appeal refused for convicted stock theft applicants due to mandatory sentences and high abscondment risk; one released on medical grounds.
Criminal procedure – bail pending appeal – stock theft – mandatory minimum sentences – seriousness of offence – prospects of success on appeal – risk of abscondment – medical grounds for bail – conditions of release.
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30 June 2010 |
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Possession of gazetted land may not be disrupted without a court eviction order; forcible takeovers amount to spoliation.
Gazetted land – state ownership on gazettement – Gazetted Land (Consequential Provisions) Act – requirement for prosecution and court eviction order – spoliation – interim interdict – limits on courts prescribing methods of arrest.
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24 June 2010 |
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Applicant’s removal from volunteer outreach team for failing eligibility criteria was lawful; mandamus dismissed with costs.
Administrative Justice Act s3(1)(a) – procedural fairness and hearing; mandamus as remedy; appropriate procedure for review versus declarator; volunteer status and entitlement to hearing; selection criteria for outreach teams; dual political/civic membership disqualification.
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23 June 2010 |
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Agreement concluded by a conveyancer without special mandate was invalid; agent may only introduce buyer and seller.
Conveyancing; agency and mandate; limitation of agent's duty to introduction only; unauthorized signing and receipt voids agreement; specific performance and compelled transfer refused.
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23 June 2010 |
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High Court cannot use declaratory relief to nullify its own judgment; rescission is the proper remedy.
Civil procedure — Declaratory relief — Limits of section 14 High Court Act — High Court cannot declare its own prior judgement void (functus officio) — Rescission is the proper remedy — Constitutional challenge to justiciability of land acquisitions left undecided.
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23 June 2010 |
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A sentence avoiding effective imprisonment for severe head injuries was manifestly lenient; magistrate misdirected by over-emphasising first-offender status and prison congestion.
Criminal law — Sentencing — Assault with intent to do grievous bodily harm — Severe head injuries — Medical reports crucial for sentencing — First offender status and prison congestion not decisive — Manifestly lenient sentence reviewable.
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23 June 2010 |
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A wholly suspended sentence for possession of four dagga plants was unduly lenient; certificate withheld.
Criminal law – possession of dangerous drugs (dagga) – quantity indicating commercial dealing – sentencing – appropriateness of suspended sentence – misdirection on review; certificate withheld.
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23 June 2010 |
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Rescission refused where applicant willfully defaulted and failed to provide a credible explanation or prove a prima facie defence to eviction.
Civil procedure – rescission of default judgment – willful default – failure to file opposing papers after being informed of time limit – explanation for default must be credible; evidence required to establish prima facie defence (usufruct) to eviction; Master's edict attendance and contemporaneous conduct relevant to credibility.
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22 June 2010 |
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Rescission refused where registered title established ownership; applicant not statutory tenant and punitive costs awarded.
Civil procedure – rescission of default judgment – validity of registered title (agreement of sale and title deeds) – statutory tenant status requires payment and recognition of landlord – improvements not a defence to eviction – punitive attorney-client costs.
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16 June 2010 |
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Application for enforcement of alleged sale and supply of 3,000 tonnes molasses dismissed due to material disputes of fact and lack of proof of quantum.
Contract formation — agency and authority — whether agent had authority to bind seller; specific performance and interim supply orders — relief inappropriate where material disputes of fact on affidavits; damages/quantum — claimant must prove value on the papers.
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16 June 2010 |
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Rescission granted where attorney delay, absence of wilful default and risk of injustice warranted trial on property division.
Family law – Rescission of default judgment in divorce – Attorney negligence and absence of wilful default – Just and equitable division of matrimonial property – Condonation for late filing of rescission application.
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10 June 2010 |
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Discharge set aside where prima facie bribery evidence existed and the magistrate misdirected herself in assessing the state case.
Criminal law — Discharge at close of prosecution case — Prima facie evidence required — Trial court may not treat accused’s cross‑examination assertions as evidence — Discretion must be judicially exercised — Bribery/trap evidence.
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9 June 2010 |
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Late rescission filing condoned where non-compliance was not wilful and prospects of success existed.
Civil procedure — Condonation for late filing of rescission application — Service — Address for service and agency — Substituted service by newspaper — Wilful default — Prospects of success.
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8 June 2010 |
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Applicant granted interim interdict protecting Norma V 2-4 mining claim based on Mining Commissioner’s determination and prima facie right.
Mining law – Interim interdict – Boundary dispute – Weight to Mining Commissioner’s on-site determination – Prima facie right to protection – Failure to seek statutory review remedies under the Mines and Minerals Act – Letters of complaint insufficient to displace administrative finding.
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2 June 2010 |
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Applicant failed to prove a clear right to release from immigration detention; application dismissed.
Immigration law — detention of a suspected prohibited person — interim interdict — requirement to establish clear/prima facie right — residence permit by marriage — provisional restriction notice and alleged fraudulent extension.
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2 June 2010 |
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Condonation for a 12-year delay refused due to an untenable explanation and no prospects of success.
Civil procedure – condonation for late review – inordinate delay – credibility of explanation – prospects of success – division of matrimonial property and custody – finality of prior orders.
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1 June 2010 |
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Court enforces contractual penalty clause against defaulting purchaser, dismissing exchange‑rate and refund defences.
Contractual Penalties Act – enforcement of contractual penalty clauses – buyer default – cancellation and retention of payments – defence of exchange‑rate fluctuation rejected.
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1 June 2010 |