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Citation
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Judgment date
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| December 2013 |
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Municipality granted provisional interdict restraining co-operative from usurping municipal land-allocation, planning, inspection and revenue powers.
Municipal law – usurpation of municipal functions – unlawful allocation of municipal land, approval of plans, building inspections and revenue collection – urgency for interim interdict – balance of convenience.
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30 December 2013 |
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Default judgment rescinded where applicant's excusable non-attendance and prospects of success justified rescission; High Court retains Article 34 jurisdiction.
Arbitration — setting aside arbitral awards — Article 34 of Arbitration Act — High Court jurisdiction vis-à-vis Labour Court; rescission of default judgment — reasonable explanation, bona fides, prospects of success; change of legal practitioners — notice requirement under High Court Rules.
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17 December 2013 |
| November 2013 |
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School may withdraw a leavers' dance privilege without formal hearing; applicant failed to prove right to interdict.
Administrative law — audi alteram partem and legitimate expectation — school discipline — privilege v right — requirements for mandatory/interim interdicts — costs de bonis propriis.
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17 November 2013 |
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Whether alleged puerperal psychosis amounted to temporary insanity absolving responsibility for the infant’s poisoning.
Criminal law – Murder – Diminished responsibility/temporary insanity – Puerperal (postpartum) psychosis v reactive (situational) depression – Weight and admissibility of expert psychiatric evidence – Onus on defence to prove insanity (s218).
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4 November 2013 |
| October 2013 |
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Whether the State proved the accused subjectively foresaw death from stabbing, given intoxication and provocation.
Criminal law – murder v culpable homicide – mens rea – actual and constructive intent – subjective foresight of death – impact of intoxication and provocation on intent – credibility of witnesses after delayed prosecution.
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30 October 2013 |
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Property listed in Schedule 7 under s16B vested in the State; ministerial withdrawal violated natural justice and the 2009 transfer was void.
Constitutional land vesting (s16B) – Schedule 7 inclusion vests title in State; Administrative law – audi alteram partem and Administrative Justice Act – unlawful withdrawal of offer letter; Offer letters – confer right to occupy and locus standi to sue; Deeds registry irregularity – improper transfer and missing deeds – transfer set aside.
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29 October 2013 |
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Plaintiff failed to prove maternity or fraud; Master’s consent and sale were valid and purchaser is a bona fide transferee.
Estate law – disputed maternity and beneficiary status – administration of estate under Administration of Estates Act – Master’s consent to sale – validity of sale to third party – bona fide purchaser protection – allegation of fraud in executor’s appointment.
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23 October 2013 |
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Court stayed installation of a purported chief pending resolution of litigation challenging nomination and the appointing process.
Customary succession – nomination of chiefs – President’s duty under s 3 of Traditional Leaders Act – interim stay of installation pending litigation – urgency certificate – procedural amendment (r4C) – citation technicality (Minister vs Ministry).
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16 October 2013 |
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Rescission filed late must be preceded by condonation supported by evidence; oral condonation without evidence fails.
Civil procedure – rescission of default judgment – rule 63(1) High Court Rules – requirement to apply within one month or seek condonation – oral condonation without evidence defective – failure to obtain condonation fatal; costs on attorney and client scale.
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16 October 2013 |
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Court dismissed a moot application to stop elections already held and awarded costs on a higher scale for persistent, improper litigation.
Civil procedure — Mootness/overtaken by events — Incompetence of court to grant relief already overtaken — Persistence with futile litigation — Costs on higher scale for abuse of process.
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16 October 2013 |
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An appeal under s98(10) does not suspend an arbitral award; suspension requires interim relief under s92E(3).
Labour Act — s92E and s98 appeals — whether appeal under s98(10) suspends arbitral award — appeal does not suspend; suspension requires interim relief under s92E(3) — registration/enforcement under s98(14).
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16 October 2013 |
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Acceptance of an unwithdrawn pleaded option constitutes a binding judicial admission, barring contrary evidence without amendment.
Family law — Divorce — Effect of admissions in pleadings — Judicial admission binding unless withdrawn — A party cannot lead evidence against own unwithdrawn admission — Distribution of matrimonial property — Subdivision awarded as per accepted pleaded option — Custody, access and maintenance.
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16 October 2013 |
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Application to compel layout-plan approval dismissed because the 2006 land offer was void and applicant had no entitlement.
'Offer to develop' – validity of pre-incorporation offer; property entitlement – proof of title required for plan approval; nullity – consequences of an invalid offer; legitimate expectation – limits where expectation rests on invalid instrument; administrative approval of layout plans; Co-operative Societies Act implications for capacity.
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16 October 2013 |
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Where liability was admitted, an endorsed invoice and company letter sufficed to prove payment for hire costs, awarding US$14,850 plus interest and costs.
Motor vehicle collision – vicarious liability admitted – proof of payment for car hire – sufficiency of tax invoice endorsed "PAID" and company letter – absolution from instance – interest and costs.
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15 October 2013 |
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A confirmed sale in execution may be set aside where statutory advertisements inadequately describe the property, prejudicing potential bidders.
Civil procedure — Sale in execution — Order 40 r359(1) — Rule 352 peremptory: adequacy of advertisement — Inadequate description of property invalidates confirmed sale — Fresh sale ordered — Costs against purchaser.
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15 October 2013 |
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Applicant granted leave to sue after administrator’s biased failure to decide; court could not strike down s6(b).
Reconstruction Act s 6(b) — leave to sue companies under reconstruction; Administrative Justice Act s 3 and s 4 — duty to act lawfully, reasonably and fairly and remedy for failure to decide; High Court jurisdiction under former constitution — single judge cannot strike down existing legislation; res judicata — prior Supreme Court consideration of s 6(b); judicial grant of administrative relief where bias, undue delay or foregone conclusion exists.
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15 October 2013 |
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Anton Piller orders must be directed at cited persons; declaratory relief can determine non-binding effect on non-parties.
Anton Piller order – ex parte search and seizure – must be directed to cited respondents – not in rem; Declaratory relief (s14 High Court Act) to determine binding effect on non-parties; citation and procedural fairness in extraordinary relief.
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15 October 2013 |
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Urgent preservation relief granted where employer’s asset disposals risked frustrating pending labour claims.
Labour law — urgent interlocutory relief — preservation/attachment of assets pending determination — asset-stripping risk — urgency and clean hands doctrine.
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14 October 2013 |
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First, third and fourth applicants granted urgent relief to stay eviction; second applicant’s application and owner’s urgent counter-application dismissed.
Civil procedure – joinder of substantially similar urgent applications – urgency and certificate compliance – authority of deponent to sue – locus standi of a church/universitas – 'clean hands' doctrine – owner’s abandonment of property undermining urgent ejectment counter-application.
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10 October 2013 |
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Whether a foreign divorce validly dissolved a Philippine marriage and whether a prima facie case justified refusing absolution.
Family law — validity of marriage — foreign divorce — proof of foreign law — section 25 Civil Evidence Act — prima facie case — absolution from the instance.
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9 October 2013 |
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Leave to execute specific performance pending appeal granted where appeal lacked prospects and equities favoured the applicant.
Civil procedure – Execution pending appeal – Automatic suspension on noting appeal but court may grant leave to execute – Factors: preponderance of equities, prospects of success, balance of hardship – Specific performance – Board-resolution issue not raised at trial.
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8 October 2013 |
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The plaintiff proved a prima facie claim against the company but not against its officers, who were absolved from the instance.
Civil procedure – absolution from instance – test for absolution; Company law – separate juristic personality; piercing the corporate veil; Order 3 r 11(c) – contents of summons; Prima facie proof of debt via invoices and credit facility documents.
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8 October 2013 |
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Contempt proceedings seeking imprisonment require personal service under Order 5 r 39(1); failure to do so warrants removal from the roll.
Contempt of court – service of process – Order 5 r 39(1) – personal service required where liberty may be affected – civil imprisonment a drastic remedy – service on attorney insufficient absent unusual circumstances.
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8 October 2013 |
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Applicant entitled to interim anti-dissipation relief to preserve unpaid-for machinery and vehicles pending final determination.
Civil procedure – Urgent chamber application – Anti-dissipation interdict – Prima facie ownership and irreparable prejudice – Illegality defence on interim relief – Security and enforcement by Sheriff and police.
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8 October 2013 |
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Registration of transfer confers real rights; eviction may proceed despite pending objections if buyer is registered and no set‑aside or stay obtained.
Eviction — Proper parties under r 250 — Registrar of Deeds service only where Registrar must perform an act; sale in execution — challenges must be by r 359 application; Deeds registration confers real rights; failure to set down rescission/stay of execution forfeits right to resist eviction.
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8 October 2013 |
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A transfer of minors’ land without Master/Court authority is void; deed cancelled and prior title restored.
Property law – transfer of land registered in minors’ names – requirement for Master’s consent/High Court authority – curator ad litem/curator bonis investigation – nullity of sale obtained without statutory compliance – Registrar of Deeds’ refusal to register – cancellation and restoration of deeds – costs on legal practitioner–client scale.
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8 October 2013 |
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Court declined to enforce forfeiture clause without evidence of prejudice and referred the dispute to trial.
Contractual Penalties Act s 4 – Penalty stipulation and forfeiture – Proportionality of penalty to prejudice – Court’s power to reduce/refund – Disputes of fact precluding determination on application – Referral to trial.
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8 October 2013 |
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The second claimant can be sued in its trading name; attachment upheld, save vehicles claimed by the first claimant.
Civil procedure – interpleader and execution – Order 2A r 8C – Trade name/trading style – Corporations sued in trading name – Attachment of goods – Ownership claims.
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8 October 2013 |
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Delay and self-created urgency defeat an urgent interdict; applicant ordered to pay attorney-and-client costs.
Urgent chamber application — urgency must be genuine, not self-created; prima facie right and need for immediate vindication; Rule 242(2) — certificate of urgency by applicant's own counsel acceptable; delay and inaction as bar to urgency; costs — attorney and client scale for unwarranted urgent application.
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8 October 2013 |
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Award registered; lease held terminable on three months’ notice and setting-aside application found time-barred.
Arbitration – registration and enforcement of arbitral awards – Model Law Article 36 grounds for refusal – interpretation of lease as terminable by three months’ notice – setting aside award time-barred under Article 34(3) – public policy standard (palpable inequity).
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8 October 2013 |
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Will disinheriting spouse was void; sale and transfer by removed executor null, title reinstated to the estate.
Wills Act s5(3) — Disinheritance of spouse; Will void ab initio — Executor removed; Sale and transfer by unauthorised executor — Transfer declared null and void — Estate to be wound up intestate; Spouse entitled to ownership or life usufruct; Costs: each party to bear own costs.
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3 October 2013 |
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Court granted interim anti-dissipation interdict to protect applicant's prospective award from respondent's disposal of assets pending arbitration.
Arbitration Act (Article 9) – interim measures by court – anti-dissipation (Mareva-type) interdict – preservation of goods and securing disputed sums pending arbitration – requisites: prima facie right, urgency, irreparable harm, balance of convenience, no alternative remedy.
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2 October 2013 |
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The respondent's prohibitory interdict fails where he has no prima facie prior right and documentary evidence undermines his allocation claim.
Property law – Prohibitory interdict – Prior existing right – Subdivision of allocated stand – Evidence and credibility of development plans and application forms – Prima facie right requirement for ex parte relief.
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1 October 2013 |
| September 2013 |
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Bail pending appeal granted where ballistics evidence and police testimony raised substantial prospects of success on appeal.
Criminal procedure – bail pending appeal – prospects of success versus risk to administration of justice; adequacy of ballistics expert evidence; admissibility and provenance of exhibits; credibility of police witnesses and alleged coercion at arrest.
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30 September 2013 |
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Applicant’s guilty plea and admissions, plus weak prospects of appeal, justify dismissal of bail pending appeal.
Criminal procedure – bail pending appeal – considerations: risk of absconding and prospects of success; guilty plea admissions; sufficiency of medical evidence for sentence; magistrate’s consideration of mitigation.
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30 September 2013 |
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Regulator lawfully enforced Petroleum Act powers; applicant failed to prove urgency or peaceful possession and had statutory remedies.
Petroleum Act – s29 (operation without licence) – s55(9) (inspection/seizure powers) – refusal to issue licence pending resolution of lease dispute – urgency of relief – statutory appeal to Administrative Court (s56) – constructive eviction/self-help.
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29 September 2013 |
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Ordering marriage as a suspended-sentence condition for sex with a minor is improper; court substituted community service and corrected the sentence.
Criminal law — Sexual intercourse with a young person — Illegality of ordering marriage as condition of suspended sentence — Pledging prohibited (s 94(1)(b) Criminal Law (Codification and Reform) Act) — Sentence correction and substitution by community service — Protecting minors.
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24 September 2013 |
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The accused exceeded self-defence; convicted of culpable homicide and given a wholly suspended 12‑month sentence.
Criminal law – Culpable homicide – Excess of lawful self-defence – Mitigation and moral blameworthiness – Suspended sentence – Pretrial remand as part of punishment.
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24 September 2013 |
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Court applied s198(3) and common-purpose principles, acquitting many where State relied on undisclosed informer hearsay; several accused placed on defence.
Criminal procedure — discharge at close of State case (s198(3)) — test whether reasonable court might convict; common purpose/conspiracy (s188); inadmissible hearsay from undisclosed police informers; treatment of unproven statements in State outline (Bhaiwa; Bennett).
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18 September 2013 |
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Applicant entitled to written reasons under Administrative Justice Act; respondent ordered to furnish reasons and pay punitive costs.
Administrative law – right to written reasons – Administrative Justice Act s6(1); deponent’s authority for affidavits by corporate bodies – requirement of proof; procedural objections – exhaustion of internal remedies and non‑joinder; costs – legal practitioner and client scale for dishonest prevarication.
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15 September 2013 |
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Court struck out the defence for wilful non-attendance at pre-trial conference and granted eviction and arrears judgment.
Civil procedure — Pre-trial conference — Order 26 r182 — Non-compliance and wilful default — Striking out defence and counter-claim — Default judgment — Cancellation of lease and ejectment — Arrear rentals, interest, holding-over damages, collection commission, attorney-and-client costs.
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15 September 2013 |
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Applicant’s urgent interdict dismissed for failure to prove right to property, defective provisional order, and lack of supporting evidence.
Civil procedure – Urgent chamber application for interim interdict – Requirements for interim interdict (clear/prima facie right, irreparable harm, balance of convenience, no alternative remedy) – Failure to prove title/occupation or produce supporting documents – Draft provisional order impermissibly identical to final relief – Prior adverse Supreme Court order undermining applicant’s claim.
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12 September 2013 |
| August 2013 |
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Unregistered customary-law spouse awarded a share of the applicant’s available property interest for indirect contributions via unjust enrichment.
Family law – Unregistered customary-law union – Division of assets on dissolution – Unjust enrichment, direct and indirect contributions, duration of union – Sale and division of available share of immovable property; allocation of movables.
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25 August 2013 |
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Applicant failed to prove absence of ordinary remedies and sufficient evidence to justify an urgent interdict against a chief.
Constitutional law – Traditional leaders prohibited from partisan politics (s 281(2)) – Functions of chiefs (s 282) – Interim interdict requirements (Setlogelo) – Urgency – Alternative remedies (police, Traditional Leaders Act investigations) – Hearsay evidence – Overlap with Electoral Court proceedings.
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25 August 2013 |
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Accused found to have lacked criminal capacity due to disease of the mind; special verdict ordered under Mental Health Act.
Criminal law – Murder and attempted murder – Mental disorder/diminished responsibility – Criminal capacity under s 9 Criminal Law (Codification and Reform) Act – Psychiatric evidence – Special verdict under s 29(1)(a) Mental Health Act.
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22 August 2013 |
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Applicant vindicates property; fraudulent transfers in breach of Companies Act s183 are void ab initio.
Property law – Fraudulent transfer – Void ab initio – Companies Act s183(1)(b) (disposal of whole undertaking) – Vindication of immovable property – Bona fide purchaser and estoppel defences unsuccessful – Registrar ordered to cancel and revive deeds; Registrar of Companies to reinstate officers.
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20 August 2013 |
| July 2013 |
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Lease cancelled and eviction ordered for non-payment where clause allowed immediate cancellation; agent authority upheld.
Lease — clause permitting immediate cancellation for late payment of rent; payment after cancellation; corporate capacity — agent's averment of authority sufficient; "dirty hands" doctrine; refusal to adjourn for unprepared counsel.
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14 July 2013 |
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Appeal against mandatory sentence dismissed; procedural complaints on special circumstances required review, not appeal.
Criminal law – Minimum mandatory sentence – Special circumstances – Requirement that special circumstances be established and recorded – Appeal confined to record; procedural irregularities dehors the record require review or exceptional remittal for further evidence – Application to Attorney General for further evidence/remittal; risk of miscarriage of justice threshold.
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10 July 2013 |
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Whether alleged non-compliance with rule 28 renders the pre-trial conference improper and should be referred as a preliminary issue to trial.
Civil procedure – Pre-Trial Conference – Role of Pre-Trial Conference Judge under rule 182 – limited to crystallising issues and facilitating settlement, not deciding merits; Compliance with rule 28 – alleged non-compliance raising a preliminary issue to be referred to trial judge; Written submissions at pre-trial to remain on record.
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1 July 2013 |
| May 2013 |
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Execution without a writ was invalid; improperly amended order void; goods must be returned and attorney-client costs awarded.
Civil procedure — Execution of judgment — Writ of execution required for delivery up of goods (Rule 322); Improper correction of court order — Rule 449 notice/procedure required; Enforcement without writ null and void; Attorney-client costs where counsel recklessly proceeds with unlawful execution.
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14 May 2013 |