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Citation
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Judgment date
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| December 2025 |
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Applicant’s counsel’s procedural mistake and strong merits justified reinstatement of rescission application against eviction.
Civil procedure – reinstatement of rescission application after dismissal for want of prosecution; default judgment; attorney’s error; discretion to reinstate – factors: degree of non‑compliance, explanation, prospects of success; eviction – long occupation, payment of municipal rates and counterclaim for reimbursement
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31 December 2025 |
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Reinstatement granted for rescission: excusable practitioner error and strong merits from long-term occupation and payments.
Civil procedure – reinstatement/condonation of rescission application – default judgment and rescission removed from roll – applicant’s legal practitioner’s misunderstanding as excusable cause – prospects of success where near forty years’ occupation and payments give rise to prima facie counterclaim – balancing discretion.
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31 December 2025 |
| October 2025 |
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Court set aside inconsistent sentences, substituted clear orders, and admonished magistrate to ensure accurate IECMS records.
Criminal procedure — Automatic review — Sentencing — Mutual inconsistency between custodial sentence and community service — Electronic case record (IECMS) is human-dependent; formal record must accurately reflect proceedings — Court substituted clear executable sentences.
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21 October 2025 |
| August 2025 |
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Registrar’s cancellation of a transfer without a court order was unlawful and fraudulently procured, entitling revival of the applicant’s deed.
Deeds Registries Act s8(1) — cancellation of registered deeds requires court order; rescission extinguishes default judgment; fraudulent procurement of deed cancellation; declaratory relief and revival of title; punitive costs
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1 August 2025 |
| July 2025 |
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Prior administrative rebates created a legitimate expectation entitling the applicant to duty rebates; respondents' reversal was unlawful.
Customs and excise – duty rebate under s124(2) of SI 154/2001 – eligibility of associations importing fully donated goods – no PVO registration requirement; Administrative law – legitimate expectation from prior administrative practice; Administrative Justice Act s3(1)(a) – duty to act lawfully, reasonably and fairly; Judicial review – reversal of prior approvals without communication or adequate justification unlawful; Citation of decision-maker – proper to cite Commissioner who made/upheld decision
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23 July 2025 |
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Conviction for dealing in dagga confirmed; sentence set aside and reduced because cannabis is excluded from s156 aggravated minima.
Criminal law — Unlawful dealing in dangerous drugs — Cannabis (mbanje/dagga) excluded from s 156(2) aggravating circumstances — No statutory minimum mandatory sentence for cannabis offences — Sentencing: consider fine before imprisonment — Forfeiture v destruction of seized cannabis.
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16 July 2025 |
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Application to set aside award dismissed; applicant failed to prove public-policy breach or that it was time-barred.
Arbitration — setting aside award — Article 34(2)(b)(ii) Model Law — public policy — high threshold for interference; award delivery/receipt and Article 34(3) — contractual interpretation regarding time extensions, variations and recovery of advance payment; finality of arbitration.
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16 July 2025 |
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Accused convicted of murder under common purpose for participating in a stone attack; sentenced to 15 years' imprisonment.
Criminal law – Murder – Doctrine of common purpose/constructive intent – Liability for co-perpetrators where accused actively participated in joint assault – Sufficiency of eyewitness evidence – Sentencing: S v Zinn triad, deterrence and proportionality.
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15 July 2025 |
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Processes filed by an uncertified legal practitioner are nullities and were struck from the record; punitive costs ordered.
Legal Practitioners Act – practising certificate – validity of processes filed by uncertified practitioner; Waiver – knowledge and communication required for waiver; Nullity of proceedings; Costs – punitive award against uncertified practitioner
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14 July 2025 |
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Conviction upheld; ambiguous suspension condition deleted; charges must specify s70 subsection and use updated "child" terminology.
Criminal law – s 70 Criminal Law (Codification and Reform) Act – charge must specify s 70(1)(a) or (b) and use updated "child" nomenclature – clarity of suspension conditions – judicial officers’ duty to stay updated – temperate language in judgments.
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11 July 2025 |
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The accused’s self-defence failed where he shot an alleged knife-wielding suspect; convicted and sentenced to 20 years.
Criminal law — Murder — Self-defence requirements (s253) — Necessity, imminence and proportionality of force — Use of firearm by police — Credibility and chain of custody of exhibit knife — Mens rea under s47(1) — Sentencing guidelines S.I.146/2023, presumptive 20 years.
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5 July 2025 |
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Whether the prosecution’s evidence met the prima facie threshold under section 198(3) to require the accused to open his defence.
Criminal procedure — Discharge at close of prosecution — Section 198(3) Criminal Procedure & Evidence Act — Prima facie standard — Limited role of witness credibility — Murder: sufficiency of prosecution evidence to put accused to defence.
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4 July 2025 |
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Application for discharge refused: prosecution evidence sufficed to establish a prima facie case and the accused was put to his defence.
Criminal procedure — Discharge at close of prosecution case (s198(3) CPEA) — Prima facie threshold — Burden of proof on prosecution — Limited role of witness credibility — Application for discharge refused; accused put to defence.
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4 July 2025 |
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Enforcement of a writ tied to one parcel cannot lawfully authorize eviction from a differently described parcel; eviction declared void.
Administrative law – land acquisition and offer letters – scope of entitlement under offer letter; Civil procedure – declaratory relief under s14 High Court Act; Res judicata – requirements and non-applicability where cause of action differs; Writ of ejectment – enforcement limited to property described; Locus standi to evict – must derive from entitlement to that specific parcel
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2 July 2025 |
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Applicant’s claim for immediate payment blocked by express agreement to withhold sale proceeds pending registration and unresolved litigation.
Contract law — sanctity of contract — condition precedent in sale agreement withholding sale proceeds pending registration and pending litigation — enforceability of divorce order versus subsequent contractual terms — joinder/liability of legal practitioners in personal capacity
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1 July 2025 |
| June 2025 |
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Self-defence established; accused acquitted after being unlawfully attacked and using reasonable force to avert the attack.
Criminal law – Self-defence (defence of person) – s 253 Criminal Code – unlawful attack commenced or imminent; necessity and reasonable means to avert attack; assessment of accused’s credibility where no independent witness – acquittal.
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25 June 2025 |
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Accused must answer to charges where eyewitness evidence of assault could support conviction; discharge under s198(3) refused.
Criminal procedure – discharge at close of State case (s 198(3)) – test whether there is evidence on which a reasonable court might convict – limited role of witness credibility – eyewitness evidence of assault sufficient to refuse discharge.
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24 June 2025 |
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Agreements were illegal—agent exceeded authority, transfers breached Deeds Registries Act and tax/exchange-control laws; sale void, eviction granted.
Agency and apparent authority; power of attorney exceeded; Deeds Registries Act — sequence of transfers; tax law — Capital Gains Tax evasion and falsification to tax authority; exchange-control/statutory instrument prohibition on foreign-currency domestic transactions; Master’s consent required for estate disposals; illegal contracts and non-severability; refusal of specific performance.
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11 June 2025 |
| March 2025 |
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Accused acquitted of murder but convicted of culpable homicide for negligent shooting; each sentenced to five years effective imprisonment.
Criminal law — Murder vs culpable homicide — mens rea (intention or realisation of risk) — common purpose (s.196A) — use of firearms by security personnel — negligent killing and sentencing.
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13 March 2025 |
| February 2025 |
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A Provincial Mining Director may not sub-delegate hearing powers; a determination made without personally hearing the matter is void.
Mines and Minerals Act—jurisdiction of High Court and mining commissioners—Provincial Mining Director exercises delegated power and may not sub-delegate—requirement of personal hearing and procedural fairness—condonation of procedural non-compliance with service rules—mootness and court’s discretion to hear recurring disputes
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18 February 2025 |
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18 February 2025 |
| January 2025 |
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An acknowledged written debt is enforceable; duress and claims of inflated quantum were not proven, respondent liable for US$58,873 plus interest and costs.
Contract law – acknowledgement of debt – liquid document – duress (metus) – capacity to contract – enforceability of written promise to pay; interest and costs awarded
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5 January 2025 |
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A signed acknowledgement of debt is enforceable absent proof of duress or other vitiating factors.
Contract law – Acknowledgement of debt – Liquid document – Validity and enforceability – Duress (metus) – Burden to prove reasonable, imminent unlawful threat – Quantum established by written admission
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5 January 2025 |
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Applicant unlawfully dispossessed of mining claim; spoliation order granted restoring possession and authorising sheriff removal.
Spoliation (mandament van spolie) – possession and unlawful dispossession – standing of applicant by cession of mining rights – points in limine (registration, co‑ordinates, vagueness of ore quantity, disputes of fact) rejected – restoration of possession and sheriff authorised to remove occupiers.
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5 January 2025 |