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Citation
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Judgment date
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| February 2017 |
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Remission-reduced time actually served cannot meet the Act's six-month imprisonment requirement for ex-political prisoner status.
Ex-Political Prisoners Act s2 – statutory definition – "imprisoned, detained or restricted for a period of at least six months" – literal interpretation – actual time in custody dispositive – remission does not count toward six-month requirement.
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23 February 2017 |
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Court granted divorce and ordered equal division of the matrimonial home; movables awarded by possession.
Family law – Divorce granted for irretrievable breakdown – Division of matrimonial property – s 7(4) Matrimonial Causes Act – registered title and contributions justify equal shares – movable property awarded by possession; valuation and buy‑out/sale mechanism ordered.
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23 February 2017 |
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Tenant in arrears and unable to prove renewal assurances cannot claim statutory tenancy; lessor entitled to eviction and damages.
Commercial premises – s 22 Commercial Premises (Rent) Regulations – statutory tenancy – rent and rates arrears disqualify tenant; bona fide requirement for own use by lessor as good and sufficient ground; non-variation clause bars oral variations; entitlement to holding-over damages.
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23 February 2017 |
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Urgent interdict to stop disposal of seized fuel dismissed; statutory disposal power and alternative remedy rendered court intervention unnecessary.
Customs and Excise Act s193(6) – seizure and out-of-hand disposal of dangerous goods; urgency for interlocutory relief; requirements for interim interdict; alternative remedy (compensation); credibility and fabrication of documentary evidence.
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23 February 2017 |
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Interim interdict in church leadership dispute dismissed for res judicata, lis pendens, procedural defects, and lack of prima facie right.
Church property and leadership dispute – interim interdict – urgency – res judicata – lis pendens – locus standi – non-compliance with rule on signatures and affidavits – no prima facie right – costs.
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23 February 2017 |
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A first offender's guilty plea and absence of injury can render a heavy custodial sentence for assaulting an officer disproportionate.
Criminal law — Assaulting/resisting a peace officer — Sentence — First offender and guilty plea as mitigation — Need for individualized, proportionate sentence — Absence of medical evidence — Suspended sentence substituted for excessive imprisonment.
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23 February 2017 |
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Whether signing a CR2 constituted fraud or a bona fide claim of right creating reasonable doubt.
Criminal law — Fraud — Misrepresentation and mens rea — Whether signing and filing of CR2 constituted dishonest misrepresentation — Claim of right defence — Standard of proof and appellate assessment of credibility.
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23 February 2017 |
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Court reduced an excessive custodial sentence for a youthful offender, substituting a fine/default imprisonment and ordering release.
Criminal law – Kidnapping/unlawful detention – Sentencing – Youthfulness and plea of guilty as strong mitigating factors – Statutory alternative of fine to imprisonment – Misdirection and review of excessive sentence.
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23 February 2017 |
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Court reduced imprisonment, holding sentencing court misdirected and should have considered a fine for youthful first offenders.
Criminal law – extortion (s134(1)) – sentencing – statutory alternative of fine or imprisonment – sentencing courts must consider fines for first offenders – misdirection where court treats civilian offenders as police – restitution and suspension of sentence – immediate release for time served.
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16 February 2017 |
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Late and fatally defective notices of appeal, without condonation, justified dismissal with attorney-and-client costs.
Civil procedure — Appeals — Notice of appeal — Timeliness under Order 31 r 2 — Condonation required for late appeals — Notice addressed to wrong court is nullity — Notice must state grounds of appeal — Self-represented litigants bound by rules — Costs: attorney and client for abuse of process.
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9 February 2017 |
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Accused two, three and four convicted of assault on agreed facts; accused one convicted of murder—provocation, intoxication and medical negligence defences rejected.
Criminal law – Murder – Circumstantial evidence: means, motive and opportunity – Prima facie case – Provocation and voluntary intoxication – causation and alleged inadequate medical treatment – Post‑mortem affidavit admissibility under s278(2)(a) – Acceptance of limited pleas and separation of trials.
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7 February 2017 |
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Court pierced the corporate veil, holding the defendant personally liable for debt arising from his company's false representation.
Company law – Lifting/piercing corporate veil – Alter ego/ sham company – Misrepresentation inducing payment – Director personally liable – Joint and several liability – Interest and costs.
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2 February 2017 |
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Summary judgment granted: tenant’s admitted rent arrears, inadequate counterclaim, and sureties held liable for eviction and payment.
Civil procedure — Summary judgment — Requirement of bona fide defence — Lease — Tenant’s obligation to pay rent; prohibition on withholding rent — Eviction summons as sufficient notice of cancellation — Counterclaim must be particularised to defeat summary judgment — Suretyship: signatures and parties' intention bind sureties.
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2 February 2017 |
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Trial magistrate failed to consider community service; medical evidence justified some custody but original 12‑month sentence was excessive.
Criminal law — Assault — Sentencing — Duty to consider non‑custodial options (community service) where effective imprisonment is under 24 months — Relevance of s89(3) factors and medical evidence — Misleading sentence inducing shock — Variation to shorter custodial term with suspension.
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2 February 2017 |
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Medical and psychiatric evidence mandating a special verdict of not guilty because of insanity must be followed; transfer to treatment ordered.
Criminal law – Mental disorder/insanity – Section 29, Criminal Law (Codification and Reform) Act – mandatory special verdict where medical evidence shows accused mentally disordered at time of offence – disposition to special institution – review of procedural error.
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2 February 2017 |
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First accused convicted of premeditated arson-murder; second convicted as an accessory after the fact and imprisoned.
Criminal law – Murder by arson – Admissibility of dying declaration under s254 – Premeditation and actual intent – Liability of driver: accomplice (s198) versus accessory after the fact (ss205–206) – Compulsion defence – Sentencing aggravating factors: unlawful entry, use of fire, multiple murders.
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2 February 2017 |