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Citation
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Judgment date
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| September 2020 |
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Application for committal dismissed due to material factual disputes and incomplete/evidentially deficient papers.
Contempt of court — Alleged breach of interdict — Material disputes of fact — Untranslated vernacular affidavits — Failure to provide essential evidence (video, attendance register) — Application struck off the roll
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30 September 2020 |
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Disciplinary discharge made without affording a hearing breached audi alteram partem and constitutional fair hearing; discharge set aside.
Administrative law — Disciplinary proceedings — Procedural fairness — Audi alteram partem — Right to fair hearing under the Constitution — Review and setting aside of disciplinary discharge
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30 September 2020 |
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First accused discharged; second accused convicted of two murders, self-defence rejected, effective sentence 30 years imprisonment.
Criminal law – Murder – constructive intent (s 47(1)(b)) – self-defence – causation and novus actus – discharge at close of State case (s 198(3)) – admissibility/confirmation of warned and cautioned statement – minimum sentences for aggravated murder.
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29 September 2020 |
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Applicant failed to prove spoliation; stay against a declaratory order was incompetent; application dismissed with costs.
Spoliation — requirements — peaceful and undisturbed possession and illicit deprivation; standard of proof: balance of probabilities
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25 September 2020 |
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The accused acquitted of murder but convicted of culpable homicide for negligently strangling his 12‑year‑old son; suspended sentence imposed.
Criminal law — Murder v culpable homicide — Strangulation/asphyxia — Credibility of child witness — Medical corroboration — Parental violence — Suspended imprisonment sentence.
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23 September 2020 |
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Stay of execution granted pending rescission because eviction would impede restoration and respondent delayed enforcing the judgment.
Civil procedure – stay of execution – inherent discretion of court; rescission of judgment pending – ejectment/immovable property – risk of irreparable prejudice; delay in enforcement as factor in prejudice assessment
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22 September 2020 |
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High Court grants interim interdict placing executive-chairman on mandatory paid leave pending internal investigations.
Employment law; service contract – substance over form; executive chairman’s employment relationship; company authority and locus standi; urgent application — provisional orders under Rule 246; requirements for temporary interdict (prima facie right, irreparable harm, absence of alternative remedy, balance of convenience); High Court jurisdiction to grant interdicts (Labour Court lacks such power under Labour Act); mandatory paid leave pending internal investigations; mootness and parallel investigations not dispositive.
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10 September 2020 |
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2 September 2020 |