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Citation
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Judgment date
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| February 2018 |
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Applicant’s urgent rescission of its own consent order failed for lack of urgency, non-disclosure and incorrect procedure.
Procedure — Urgent chamber applications — urgency and duty of full disclosure; Consent judgments — rescission procedure (r56) — incompetence of rescission by chamber application under r449/r226(2); Prosecutorial conduct — consent to order then seeking rescission on alleged new information.
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8 February 2018 |
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Application to unwind a wound-up estate and rescind a decades-old divorce dismissed; civil marriage upheld for estate administration.
Administration of Estates Act s68(4) and s68F – validity of civil marriage for estate administration despite prior customary marriage; rescission of long-standing default divorce; wound-up estate cannot be re-registered absent fraud or special circumstances; abuse of process; punitive costs awarded.
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8 February 2018 |
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Whether a single fatal kick amounted to murder or culpable homicide and whether a non-custodial suspended sentence was appropriate.
Criminal law - Culpable homicide v murder; negligent causation of death; reliance on post-mortem evidence; sentencing factors — remorse, first offender status, time on remand, prosecutorial delay; suspended sentence and community service.
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2 February 2018 |
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Order uplifting a caveat was rescinded because it was granted in the absence of parties with a known interest; applicants to be joined.
Civil procedure – Rescission under Rule 449 – Judgment or order erroneously sought or granted in absence of affected party – Non-disclosure of relevant facts (offer letters, occupation, pending eviction) – Joinder of parties – Upliftment of caveat.
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1 February 2018 |
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Applicant's declaratur dismissed—court found a binding contract formed by pro‑forma invoices and payments; applicant ordered to pay costs.
Urgent chamber application; declaratory relief under s14 High Court Act; contract formation by conduct and pro‑forma invoices; consensus ad idem; material disputes of fact resolvable on papers; non‑joinder not fatal; costs awarded to respondent.
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1 February 2018 |
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Interim interdict refused; respondent authorised to disconnect unpaid electricity under SI 155/88.
Electricity supply – disconnection for non-payment – interim interdict – contractual right to supply – SI 155/88 s4(1)(a) – distinction from constitutionally protected right to water.
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1 February 2018 |
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Appellate court set aside custodial sentence for a first-time assault offender for failure to give cogent reasons rejecting community service.
Criminal law – Sentencing – Assault – First offender – Community service as alternative to imprisonment – Trial court must give cogent reasons when rejecting community service – Appellate interference where sentencing discretion misdirected.
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1 February 2018 |