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Citation
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Judgment date
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| January 2019 |
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Applicant granted summary judgment for reduced arrears, water charges, cancellation of lease and eviction; prescription limited recoverable period.
Summary judgment – bona fide defence – Prescription Act s15(d) and s18(1) – acknowledgment interrupting prescription – written lease v oral lease – eviction – recoverable arrears limited to interrupted period
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31 January 2019 |
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Applicants charged with public violence granted bail where State failed to show compelling reasons for continued detention.
Bail — public violence — State must show compelling reasons under s119 and s50 to detain accused — risk of abscondment must be supported by evidence — mere speculation insufficient.
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31 January 2019 |
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Applicant's interim reinstatement was unenforceable after appeal abandonment and rescission; explanatory letter cannot be turned into an order.
Administrative law — judicial review and appeals — mistaken appeal filing; interim reinstatement contingent on appeal — rescission of interim order; effect of abandonment of appeal on enforcement of contingent orders; condonation and withdrawal of late review application; costs awarded on attorney-and-client scale
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30 January 2019 |
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Applicant charged with vehicle theft failed to show exceptional circumstances; bail refused due to strong case and interference risk.
Bail pending trial — Specified offence (theft of motor vehicle) — Onus on accused to prove exceptional circumstances — Strong state case and implausible explanation — Pending similar charges and risk of interfering with investigations — Bail refused.
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17 January 2019 |
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Mother awarded custody; father ordered to pay maintenance; South African house to be sold for creditors.
Family law — Divorce — Custody of children — Child’s best interests paramount — Factors in McCall applied — Mother awarded custody for stability; access to father every alternate weekend and half holidays — Maintenance ordered at R7,500 per child — Cross‑border immovable property to be sold to best advantage; creditors to be paid and surplus equally shared — Costs against defendant.
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17 January 2019 |
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Applicants' appeals were procedurally defective and failure to request reasons defeated their claims; commission's constitutionality undecided.
Administrative law – right to written reasons under section 68 of the Constitution and Administrative Justice Act – entitlement arises on request; Police appeal procedure – mandatory written notice of appeal under regulation 15(1)(b) and section 51 of the Police Act; constitutionality of Police Service Commission insufficiently pleaded and not determined
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10 January 2019 |
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Failure to follow prescribed appeal procedure bars reinstatement; no duty to provide written reasons absent a proper request.
Administrative law – right to reasons – s68 Constitution and Administrative Justice Act – request requirement; Police Act s51 and regulation 15(1) – mandatory appeal procedure and stay; burden of proof on appellant; unproven challenge to Police Service Commission constitutionality
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10 January 2019 |