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Citation
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Judgment date
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| February 2014 |
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Rescission granted where misdiarisation caused default; applicant shown bona fide and arguable claim for unpaid work.
Civil procedure – Rescission of default judgment – Misdiarisation and late attendance – Good and sufficient cause – Bona fides and prospects of success – Prescription and novation issues for trial.
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27 February 2014 |
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Urgent application dismissed for defective certificate of urgency, self-created delay, lack of locus standi and misjoinder; costs awarded.
Civil procedure – Urgent chamber application – Certificate of urgency signed by applicant’s own, involved legal practitioner – objective test – self-created urgency – locus standi where company under reconstruction (Reconstruction of State-Indebted Insolvent Companies Act s35) – misjoinder/non-joinder – security for costs.
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26 February 2014 |
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An averment of a 'false report' is a curable pleading defect; leave granted to plead malicious prosecution.
Civil procedure — Exception to pleadings — Whether summons discloses cause of action — False report to police versus malicious prosecution — Amendment to cure defective pleadings — Costs in main cause.
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25 February 2014 |
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A credible single witness can sustain a theft conviction; appellate court will not disturb credibility-based findings.
Criminal law – theft – conviction on single-witness evidence – s269 Criminal Procedure and Evidence Act – credibility assessment of trial court – appellate interference only for gross misdirection; corroboration not always required.
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24 February 2014 |
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Appeal allowed: conviction overturned due to inconclusive medical evidence, delayed reporting, and insufficient link to the appellant.
Criminal law — Rape — Inconclusive medical evidence; delay in reporting; complainant without fixed abode — identification/link to accused; benefit of doubt on appeal.
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24 February 2014 |
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Attempted murder conviction upheld despite no permanent injury; excessive six-year sentence reduced to three years.
Criminal law – Attempted murder – Production and use of concealed knife and wounds to vital parts – Intention/foresight inferred from weapon and injury – Self‑defence rejected – Absence of permanent injury not fatal to attempted murder – Sentence reduced as excessive.
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24 February 2014 |
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Summary judgment granted where valid cession and acknowledgement of debt showed no bona fide defence to the claim.
Summary judgment – Rule 64 – bona fide/prima facie defence – cession of dividend – validity and effect of cession – debtor’s consent not required – invoices and acknowledgement of debt – request for delivery notes as delaying tactic.
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18 February 2014 |
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Hospital operator sought suspension of tax garnishees pending objections; court dismissed, finding no Wednesbury irrationality or entitlement to interim relief.
Income Tax Act — s 58, s 62, s 69 — garnishee/appointment of agent — urgency in chamber applications — interim interdict requirements — Wednesbury irrationality standard in review of tax assessments.
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18 February 2014 |
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Application for return of seized firearms and equipment dismissed where licence had expired and no proof or identification was produced.
Judicial procedure – default for failure to file heads – r 238(2) High Court Rules; Criminal Procedure and Evidence Act – forfeiture of seized articles where no lawful possessor (s 59(1)(iii), ss 61–62); proof of lawful possession required for return of seized property; necessity of adequately pleaded and identified claims in founding affidavits.
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18 February 2014 |
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Conviction for rape set aside where inconsistencies, unexplained delays and an identifying witness raised reasonable doubt; prosecution conceded.
Criminal law — Rape — Sufficiency of evidence and identity — Delay in reporting and role of third-party identification — Cautionary rule not decisive; prosecution must prove guilt beyond reasonable doubt.
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12 February 2014 |
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Return of seized firearms denied where licence had expired; forfeiture to State under CPEA; application dismissed with costs.
Criminal Procedure and Evidence Act ss 59(1)(iii), 61, 62 — forfeiture of seized articles to the State where no lawful possessor known; Return of seized property — proof of lawful possession/licence required; Civil procedure — failure to file heads of argument — r 238(2) bar and hearing on merits; Insufficient identification of seized items — court will not order release.
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11 February 2014 |
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A written acknowledgement of terminal benefits can convert a labour dispute into a contractual debt enforceable in the High Court.
Jurisdiction — High Court v Labour Court — enforceability of employer’s written acknowledgement of terminal benefits as a contractual debt — inherent jurisdiction of High Court — resignation converting employment dispute into contractual claim.
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11 February 2014 |
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Cancellation of a buy-back agreement restored the plaintiff’s title; defendants ordered to deliver the certificate of title and interdicted from dealing with the property.
Property law – buy-back agreement – cancellation – restoration of status quo ante – entitlement to delivery of Certificate of Registered Title – interdict against dealing with property – credibility of evidence – inadmissible belated defences (prescription/res judicata).
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11 February 2014 |
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Gazetting vests title in the State; pre-gazette district letters confer no lawful occupation; appeal against eviction dismissed.
Land law – State acquisition under s 16B(2)(a)(iii) – gazetting vests title in State; Gazetted Land (Consequential Provisions) Act s 3 – former occupiers’ rights; Offer letter (Minister) v district administrator’s letter; Eviction procedure in magistrates’ court – application where no material disputes of fact; Res judicata not available where matter remitted to be heard de novo.
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11 February 2014 |
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Court awarded reduced general and limited patrimonial damages for electrocution injuries where liability had been admitted.
Delict — Negligence/electrocution — Assessment of general damages (pain and suffering, disfigurement, loss of amenities) — Loss of earnings and special damages — Remoteness and evidentiary sufficiency — Interest and costs.
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10 February 2014 |
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Bail pending appeal granted where evidence raised reasonable prospects of success on appeal regarding alleged instruction not to detain a suspect.
Criminal procedure — Bail pending appeal — Prospects of success on appeal — Credibility and corroboration of witnesses — Whether state proved beyond reasonable doubt that accused instructed investigating officers not to detain a suspect — Likelihood of absconding and delay — Police Act offence: acting prejudicial to good order or bringing discredit to the Force.
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6 February 2014 |
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Bail pending appeal dismissed where guilty plea under s271(2)(b) admitted essential elements and appeal lacked prospects of success.
Bail pending appeal — Maintenance Act s 23(1) — Plea recorded under s 271(2)(b) CrimPA — unequivocal admission of essential elements — lack of prospects of success — failure to raise defence of lack of means or seek variation under s 8 — sentence within legislative intention.
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6 February 2014 |
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Court upholds maintenance-related suspended sentences without a specified payment date but corrects an incompetent dual custodial sentence.
Maintenance Act s23(1)-(2) — suspension of imprisonment on condition of payment of arrears — timing of payment where no date specified — omission of "forthwith" — enforcement by prison officials and clerks — improper multiple custodial sentences; quashing and substitution of incompetent sentence.
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5 February 2014 |
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Holder of contractual purchase rights entitled to reversal of unlawful cession and cancellation of improperly obtained title.
Property law – tenant-to-buy/cession agreements versus title – cession effected to comply with court order does not validate sale; court orders obtained against wrong party; purchaser’s bad faith and duties of local authority in cession approval.
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5 February 2014 |
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A void state offer for agricultural land already proclaimed urban cannot displace the applicant’s validly transferred ownership.
Property law—sale in execution and transfer—validity and impeachment; proclamation converting land to urban use—state offer for agricultural acquisition void; nullity doctrine; need for fraud/bad faith allegations to impugn transfer; jurisdictional objection under s16B(3)(a) inapplicable to invalid acquisitions.
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4 February 2014 |
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Misdescribed plaintiff may be substituted; respondent failed to raise a bona fide defence to summary judgment.
Summary judgment — amendment of pleadings to correct misdescription — admissibility of further/replying affidavit in summary judgment — requirement to raise a bona fide defence — entitlement to contractual liquidated damages and interest — withdrawal of dual claims for collection commission and attorney-and-client costs.
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4 February 2014 |
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Consent to vacate defeats possession for spoliation; provisional judicial management cannot revive non-assets; claim dismissed.
'Spoliation (mandament van spolie) — requirement of peaceful and undisturbed possession and animus; effect of consent to vacate; interplay with provisional judicial management stays; misjoinder of counsel; impossibility of restoration where bona fide third party in occupation.'
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2 February 2014 |