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Citation
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Judgment date
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| February 2016 |
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Constitutional right to bail shifts the onus to the State to prove compelling reasons for continued detention.
Constitutional right to bail (s50(1)(d)); inconsistency of s117 CPEA; burden on State to prove compelling reasons to detain; unsubstantiated allegations insufficient to deny bail.
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25 February 2016 |
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Minister’s hand‑picked tribunal under Urban Councils Act conflicted with section 278; proceedings quashed and costs awarded.
Constitutional supremacy — s278 (tenure/removal of local authority office-holders) prevails over s114 Urban Councils Act — Minister’s appointment of tribunal ultra vires — notices, charges and proceedings quashed — costs awarded.
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22 February 2016 |
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Summary judgment granted where respondents’ implausible denials failed to disclose a bona fide defence to negligent misrepresentation.
Professional negligence – negligent misrepresentation by legal practitioners or their agent – duty of care and inducement to contract.
Civil procedure – summary judgment – requirement to show bona fide defence; implausible or inconsistent denials insufficient.
Agency/employment – when conduct of a clerk/agent will bind a law firm and its principals.
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11 February 2016 |
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Application for interim interdict to stay Police Act sentence dismissed as not urgent and abusive of court process.
Urgency — interim interdict pending constitutional challenge — non-disclosure of prior proceedings — abuse of court process — enforcement of sentences under the Police Act.
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11 February 2016 |
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An appeal under section 51 of the Police Act suspends discharge, preventing salary termination pending the Commission's decision.
Police Act s48, s51 – Appeal to Police Service Commission suspends execution of discharge order – status quo ante – interim interdict – employer-provided accommodation; voluntary vacation vs forced eviction.
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11 February 2016 |
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Provisional sentence refused where plaintiff's document was not liquid; matter stood over for trial and plaintiff ordered to pay wasted costs.
Provisional sentence — Liquid document — Requirement of clear, unequivocal written promise to pay — Extrinsic evidence invalidates liquidity — Allegations of duress and disputed contractual relationship require trial — Rule 20 and rule 34 — summons to stand as ordinary action — costs for frivolous provisional sentence.
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11 February 2016 |
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Whether the defendant proved a customary marriage after later contracting a civil marriage, affecting inheritance rights.
Succession and inheritance — customary marriage — proof and evidentiary onus; Administration of Estates Act s68(3)–(4); effect of subsequent civil marriage on prior customary union; Deceased Estates Succession Act s3A; proof of parentage.
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11 February 2016 |
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Review court confined to the record found applicant's guilty pleas unequivocal and dismissed the review application.
Criminal review – High Court Act s26 and s27 – review confined to official record – record accuracy allegations require supporting evidence – plea of guilty – voluntariness and unequivocal plea – no gross irregularity.
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11 February 2016 |
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Custodial sentence for indecent assault on a 13‑year‑old by a trusted adult was appropriate; appeal against sentence dismissed.
Criminal law – indecent assault on a child – sentencing discretion – custodial sentence justified where offender trusted and victim aged 13 – consideration of community service not required where court gives reasons for custody.
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11 February 2016 |
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Bail refused where accused’s flight, risk of witness interference, and inconsistent addresses endangered the interests of justice.
Criminal procedure — Bail — s 117(1) CPEA — considerations: likelihood to abscond; interference with witnesses; seriousness of offence; credibility and residence inconsistencies — bail refused.
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11 February 2016 |
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Bail refused where threats to witnesses, strong evidence and real flight/interference risk made detention necessary.
Criminal procedure – Bail – s117(1) CPEA – presumption of liberty and onus on State – threats to witnesses – risk of abscondment and interference – strength of evidence in murder by stabbing.
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11 February 2016 |
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Rescission of default judgment granted where sheriff’s assistant’s false return of service deprived applicants of defence.
Civil procedure — Rescission of default judgment — Rule 63(2) — "Good and sufficient cause" — False or unreliable return of service by assistant sheriff — Service of process — Administration of justice.
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11 February 2016 |
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Accused convicted of murder with actual intent; provocation rejected and sentenced to life imprisonment.
Criminal law – Murder with actual intent – Provocation as partial defence – Credibility of eyewitness and accused’s statements – Sentencing: life imprisonment for callous fatal assault with weapon in presence of children.
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5 February 2016 |
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Appeal allowed where inconsistent findings and unreliable state evidence failed to prove stock theft beyond reasonable doubt.
Criminal law – stock theft – common purpose – circumstantial evidence – inconsistent findings – contradictions in state witness evidence – burden of proof beyond reasonable doubt.
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4 February 2016 |
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Convictions set aside where prosecutorial gaps and magistrate’s misdirection rendered proof beyond reasonable doubt lacking.
Criminal appeal – prosecutorial concession – s35 High Court Act – burden of proof – misdirection by magistrate – insufficient evidence – convictions unsafe – acquittal
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4 February 2016 |
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Appellate court set aside custodial sentence, finding misdirection for not properly considering community service and substituting suspended sentence with restitution.
Criminal law – sentencing – failure to inquire into community service where effective imprisonment under 24 months – misdirection – alternatives to imprisonment (fine, community service, suspended sentence with restitution) – contemporaneous offences treated as one transaction.
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4 February 2016 |
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Circumstantial evidence and confession upheld; mental illness defence rejected; accused convicted of rape and murder and sentenced.
Criminal law – Circumstantial evidence and confession – sufficiency to convict; defence of automatism/mental illness; actual intent in murder; sentencing for sexual violence against a child.
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3 February 2016 |