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Citation
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Judgment date
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| July 2008 |
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Jointly registered matrimonial home divided equally; custodial parent given usufruct until child majority; alleged company debt unproven.
Family law – Divorce – Distribution of matrimonial property under Matrimonial Causes Act s7 – Jointly registered title presumes equal entitlement absent proof of superior contribution – Court considers contributions, income-generating capacity, future needs and proven encumbrances – Usufruct to custodial parent pending children reaching majority; evaluator/buy-out or sale mechanism.
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31 July 2008 |
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Court divided rural and urban matrimonial property (rural to plaintiff; urban 60/40 to defendant), awarded custody to the mother and ordered buy‑out procedure.
Family law – divorce – division of matrimonial property – application of s 7(4) Matrimonial Causes Act and Shenje approach – equal contributions – occupation and evaluative buy‑out order; custody and access; maintenance order to remain in force
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30 July 2008 |
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Failure to serve an election petition personally within ten days under s169 is fatal; party‑headquarters service is insufficient.
Election law - Service of election petitions - s169
Electoral Act mandatory - personal service or at usual dwelling/place of business required - service at party headquarters insufficient - substantial compliance/condonation unavailable - security under s168(3) not a precondition to service
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30 July 2008 |
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Surviving spouse had no joint property rights; will valid; applicant's claim to immovable property dismissed.
Wills Act s 5(3)(a) — Protection of spouse's rights limited to rights existing when will executed; Wills Act s 8(1)(b) and s 8(5) — formalities and Master's discretionary acceptance; cessionary/registration of municipal property — registration of dependants does not confer transferable rights; testamentary vs dative executor appointments; Deceased Estates Succession Act s 3A inapplicable where testator died testate.
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30 July 2008 |
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Failure to serve an electoral petition within the statutory ten‑day period renders it a nullity; service at party HQ invalid.
Electoral law — Service of petition — s169 peremptory ten-day service requirement; service must be personal or at usual/last known dwelling/place of business — service at party headquarters invalid
Security for costs — s168(3) peremptory seven‑day rule; s168(4) permits cash instead of sureties; no condonation where statute provides none. Election petition non‑compliance renders petition a nullity
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29 July 2008 |
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The applicant’s late service under s169 was fatal; the court held the ten‑day service requirement peremptory and dismissed the petition.
Electoral law – service of notice under s169 – ten‑day service requirement – peremptory not directory – no dispensing power – failure to serve within ten days renders election petition a nullity – condonation required
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29 July 2008 |
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Spoliation granted where applicant was peacefully dispossessed; court declined to probe juridical title at spoliation stage.
Property law – Possessory remedy (mandament van spolie) – Requirements: peaceful possession and unlawful dispossession – Court will not inquire into juridical title at spoliation stage – Botha v Bennet followed; Parker v Mobil Oil and Coetzee v Coetzee not followed on this point
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29 July 2008 |
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Failure to serve an electoral petition within ten days and at the prescribed address renders the petition a nullity.
Electoral law – service of election petition – section 169 Electoral Act – computation of time under Interpretation Act – High Court rule 4A inapplicable to statutory time limits – service at party headquarters not authorised – peremptory time limit; non-compliance renders petition a nullity
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27 July 2008 |
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Service outside ten days or at party headquarters does not comply with section 169 and is fatal to election petitions.
Electoral law — Service of election petition — Section 169 peremptory — Ten-day time limit strict — "Place of business" not ordinarily satisfied by party headquarters — Section 169 independent of security under s168(3) — Substantial compliance insufficient on these facts
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23 July 2008 |
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Bail refused where objective factors and cross-border syndicate links created a real risk of absconding.
Bail — objective assessment of flight risk — seriousness of offence and cross-border vehicle-theft syndicate — false documents as evidence of involvement.
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23 July 2008 |
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Whether an unsigned MOU and subsequent sale agreements formed a binding contract and whether defendants validly cancelled for breach.
Contract law – Memorandum of Understanding held to be a binding agreement; Annexures F and G implement and are tied to the MOU; Company law – separate legal personality and capacity to sue; authority to sue requires company resolution; Non‑refundable commitment fee; Failure to perform and lawful cancellation for breach; Shareholder has no direct claim to company assets or rentals
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22 July 2008 |
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Bail pending appeal granted where likely transcription delay and short sentence outweighed abscondment and justice integrity concerns.
Bail pending appeal – factors: prospects of success, risk of abscondment, right to liberty, and delay – onus on applicant after conviction – delay in transcription may justify bail.
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21 July 2008 |
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Convicted applicant failed to show sufficient prospects of success on appeal; bail pending appeal refused.
Bail pending appeal — prospects of success; conviction may be sustained by recovery of stolen property and accused’s admissions; single witness evidence can suffice; identification weaknesses do not necessarily vitiate conviction.
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17 July 2008 |
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Failure to serve an election petition within prescribed time and at the respondent's usual address invalidates the petition; no condonation available.
Electoral law – election petition service – timing and manner of service under s168–169 Electoral Act – strict/substantial compliance required – no power to condone – service at party headquarters not equivalent to respondent's usual place of business
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16 July 2008 |
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Failure to properly inspect and certify an appeal record under rule 15 leads to deemed abandonment; registrar acted correctly.
Civil procedure — Preparation of record of appeal — Rule 15 inspection requires formal certification by signature — Registrar’s supervisory role — Disputes under rule 15(9) to be referred to a judge — Failure to inspect properly leads to deemed abandonment under rule 15(8b) — Appropriate remedy is review; costs awarded attorney-and-client scale
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15 July 2008 |
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Service outside s169's ten-day period and at party headquarters invalidates the applicant's election petition.
Electoral law — s169 Electoral Act — service of election petition — ten-day time limit — personal service or service at usual/last known dwelling or place of business — service at party headquarters invalid — non-compliance renders petition a nullity — Electoral Court cannot condone breaches of time/manner requirements
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7 July 2008 |
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Failure to serve an electoral petition within 10 days or at a prescribed address renders it a nullity.
Electoral law – section 169 – statutory 10‑day service period – personal service or at residence/place of business required – service at party headquarters invalid – no power to condone time/manner non‑compliance
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3 July 2008 |
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Respondents' failure to comply with a court order and procedural non-compliance led to contempt findings and suspended committal until compliance.
Civil procedure — contempt of court — failure to comply with judgment — committal until compliance or set-aside; Application proceedings — exception inappropriate; Opposing affidavit required; Rule 238(2) — failure to file heads of argument bars counsel; Default judgment/rescission application does not automatically suspend execution absent proper steps
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2 July 2008 |
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Service outside the statutory ten-day period and at party headquarters breached s169, rendering the election petition a nullity.
Electoral law — service of election petitions — s169 Electoral Act — requirement of service within ten days and at respondent’s person, dwelling or place of business — service outside time limit or at party headquarters invalid; no power to condone non-compliance
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1 July 2008 |
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Service outside the statutory ten-day period and at party headquarters renders an election petition a nullity.
Electoral law – s 169 Electoral Act – service of election petition – time limit (ten days) – manner of service (personal, dwelling or place of business) – non-compliance renders petition a nullity – court has no power to condone
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1 July 2008 |