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Citation
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Judgment date
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| November 2021 |
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Sentencing for culpable homicide where provocation and remorse mitigated but use of a lethal blunt implement warranted a partly suspended custodial term.
Criminal law — Culpable homicide — Sentencing — provocation and intoxication as mitigation — guilty plea and reparations as mitigating factors — use of blunt implement to neck causing fatal internal haemorrhage — partly suspended custodial sentence.
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2 November 2021 |
| September 2021 |
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Conviction and five-year custodial sentence for sexual intercourse with a 14‑year‑old neighbour upheld; appeal dismissed.
Criminal law – Sexual intercourse with a young person (s 70) – Credibility and corroboration (medical report, family and third-party evidence) – Age disparity and quasi-parental relationship as aggravating factors – Custodial sentence appropriate.
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16 September 2021 |
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Court inferred intent from vicious head blows with a pick-head, convicted of murder and sentenced to 20 years imprisonment.
Criminal law – Murder – Dolus inferred from weapon used, part of body struck, number and nature of blows – Intoxication and provocation not established – Pre-planned, unprovoked attack – Sentence: 20 years imprisonment (youthful offender).
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15 September 2021 |
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Accused convicted of two premeditated murders for robbery; voluntary intoxication not a defence; sentenced to life imprisonment.
Criminal law – Murder – Actual and legal intention – Voluntary intoxication no defence where requisite intent present (s221) – Premeditated murder in aggravating circumstances for robbery – Sentence: death considered but life imprisonment imposed.
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14 September 2021 |
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State failed to prove intent or causation; accused acquitted of murder but convicted of assault.
Criminal law — Murder — Causation — Indeterminate post-mortem — Mens rea — Culpable homicide — Assault (s 89) — Suspended sentence.
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13 September 2021 |
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Accused convicted of premeditated murder by poisoning of a two‑month‑old; sentenced to 20 years imprisonment.
Criminal law – Murder – mens rea: actual intention v legal intention – premeditation and evidence of intent; causation by poisoning; sentencing: youth as mitigation versus premeditated cruelty as aggravation.
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13 September 2021 |
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Accused convicted of murder for repeatedly pulling deceased’s genitals causing fatal trauma; sentenced to 15 years imprisonment.
Criminal law – Murder – Fatal testicular trauma caused by repeated forceful pulling of genitals – Eyewitness identification and post‑mortem corroboration – Dolus (actual intent) established – Sentence 15 years imprisonment.
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13 September 2021 |
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Whether eyewitness identification and evidence established the accused’s culpable intent for a fatal assault; convicted of murder.
Criminal law — Murder — Eyewitness identification — Credibility of witnesses who knew the accused — Evidence of intent (actual intent) — Cause of death: polytrauma from assault.
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6 September 2021 |
| August 2021 |
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Applicant granted urgent interim interdict preventing respondents from re-selling auctioned machinery pending final determination.
+ Auction sale — buyer’s card and bidder payments — formation and enforcement of auction contract
+ Interim interdict — requirements and urgency — prevention of imminent resale of movable property
+ Exchange rate dispute — demand for additional payment based on parallel market rates
+ Conduct of auctioneer in accepting payments and extending time affects validity of cancellation
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30 August 2021 |
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Court interdicted the respondent from evicting or demolishing applicants' homes without a valid court order, finding urgency and requisite interdict elements met.
Urgent interdict — right to shelter — requirements for final interdict (clear right, irreparable harm, balance of convenience, no alternative remedy) — non-joinder not fatal where local authority admits involvement — court order required before eviction/demolition.
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20 August 2021 |
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19 August 2021 |
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Specific performance granted to first purchaser after double sale; cancellation of second transfer and transfer ordered to plaintiff.
Prescription – interruption and commencement when plaintiff discovered the third purchaser; Contract – existence and enforceability of agreement of sale; Double sale of immovable property – duty of seller and protection of first purchaser; Validity of cancellation – contractual/default notice requirements and instalment sale protections; Bona fide purchaser for value – notice and equities; Specific performance preferred to damages where first purchaser's equities prevail.
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12 August 2021 |
| June 2021 |
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The accused's lethal use of force against panners constituted murder with constructive intent; self-defence was not established.
Criminal law – Murder with constructive intent (s 47(1)(b)) – Self-defence and defence of property (s 253) – Use of firearm by security guard – Post-mortem corroboration of multiple gunshot wounds.
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23 June 2021 |
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Rescission of a consent judgment dismissed for using the wrong procedure and failing to establish Rule 449 grounds.
Civil procedure — Rescission/correction of judgment — Consent judgment — Order 49 Rule 449 — Setting aside consent orders under Order 8 Rule 56 — Rule 63 inapplicable to consent judgments — Wrong procedure and failure to establish requisite grounds.
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21 June 2021 |
| May 2021 |
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Conviction for abstracting electricity quashed where the State failed to prove guilt and drew unsupported factual inferences.
Criminal law – abstraction/diversion of electricity (s 60A(1)(a) Electricity Act) – onus of proof – improper shifting of burden to accused – circumstantial inferences – failure to call key witness – benefit of doubt – conviction quashed and acquittal entered.
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27 May 2021 |
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Bail denied where strong evidence, risk of abscondment and witness interference outweigh presumption of liberty.
Bail pending trial – murder – strength of state case and likelihood of severe sentence – risk of abscondment – risk of witness interference – porous international border – s50 Constitution – s117 Criminal Procedure and Evidence Act.
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27 May 2021 |
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An employee was personally liable for unpaid goods under a private storage agreement; appeal dismissed.
Contract/obligation – private storage agreement – employee’s personal liability; vicarious liability – not engaged where act outside scope of employment; civil claim versus criminal theft; evidential weight of acknowledgement of debt and partial payments.
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20 May 2021 |
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Appellate court upheld eviction where traditional leaders' evidence established applicant's customary ownership and lower court erred in ignoring it.
Communal land; actio rei vindicatio; customary succession; traditional leaders' letters as evidence; prescription (30 years) not to be raised mero motu; improvement lien/right of retention; duty to translate vernacular documents.
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20 May 2021 |
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Security guard’s assault during a theft showed legal intention to kill; conviction for murder and 26 years imprisonment.
Criminal law — Murder — Legal/constructive intention (s 47(1)(b)) — Assault to neck and chest causing pneumothorax and tracheal trauma — Intrusion during theft by a security guard — 26 years’ imprisonment.
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20 May 2021 |
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Applicants denied bail where strong identification, recovered getaway vehicle and pending similar charges risked administration of justice.
Criminal procedure — Bail pending trial — Presumption of innocence vs administration of justice — Compelling reasons required to deny bail — Factors: seriousness of offence, strength of State case (identification parade, recovered getaway vehicle), likely sentence, and pending similar charges; CPEA ss 116–117A; Constitution s 50.
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13 May 2021 |
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Jealous assault with an okapi knife; self-defence rejected and accused convicted of murder with actual intent, sentenced to 18 years.
Criminal law – murder – self-defence rejected where accused was aggressor; stabbing to stomach with a sharp knife satisfies awareness of real risk of death – conviction for murder with actual intent; sentencing: youth and mitigation balanced against gratuitous use of lethal weapon.
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13 May 2021 |
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Bail denied where strong murder evidence and substantial flight risk would jeopardise administration of justice.
Bail pending trial; murder; presumption of innocence vs administration of justice; compelling reasons to deny bail; risk of abscondment; strength of State case; concealment of body; ss 50, 70 Constitution; ss 116–117 Criminal Procedure and Evidence Act.
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13 May 2021 |
| April 2021 |
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The applicant’s unjust enrichment claim failed; court awarded movables and 30%/20% shares in two properties as equitable relief.
Family law – unregistered customary-law union – choice of law: application of general/common law where justice requires – tacit universal partnership – requirements and proof. Unjustified enrichment – requisites: enrichment, impoverishment, causal link, quantification and lack of justification. Company law – corporate veil: claimant failed to pierce corporate veil to claim company assets. Equitable division of property – award of specified movables and percentage shares; valuation and buyout mechanism.
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29 April 2021 |
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Court upheld refusal of bail because a strong state case and large drug quantity risked absconding.
Bail pending trial — balance between constitutional right to liberty and administration of justice — seriousness of offence, strength of state case, large quantity of drugs and likely sentence as compelling reasons to refuse bail — appellate review of magistrate’s discretion.
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29 April 2021 |
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29 April 2021 |
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Review dismissed: magistrate correctly found a prima facie case; superior court will not disturb unterminated proceedings absent gross irregularity.
Criminal procedure – discharge at close of state case – s 198(3) – prima facie case – review of unterminated proceedings – limited to gross irregularity – production of exhibits and witness discrepancies – entrapment – statutory presumption of species under Parks and Wildlife Act.
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1 April 2021 |
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An applicant in wilful default with no bona fide defence cannot obtain rescission of default judgment.
Rescission of default judgment – Order 30 Magistrates' Court Rules – service on responsible person – wilful default – bona fide defence and prospects of success – no mandatory oral enquiry on affidavit procedure.
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1 April 2021 |
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Court granted execution pending appeal to protect an innocent judicial purchaser and prevent respondents' unlawful retention of seized property.
Execution pending appeal — protection of innocent purchaser in sale in execution — prospects of success on appeal — Rule 340 High Court Rules — High Court Act s22(2)(b) — irreparable harm and balance of convenience — writ of delivery.
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1 April 2021 |
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Self-defence failed where accused aimed at vital areas and fired after threat subsided; convicted of murder and attempted murder.
Criminal law — Self-defence (s 253) — conjunctive requirements — imminence, necessity, and proportionality; Constructive intent (s 47(1)(b)) — foresight of probability of death; Attempted murder — recklessness and foresight of real possibility of death; Sentencing — mitigation for mob attack and first offender status.
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1 April 2021 |
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Bail refused due to strong State case, serious wildlife offence and a significant risk of absconding.
Bail — s50 Constitution and s117 Criminal Procedure and Evidence Act — factors for bail (risk of absconding, strength of State case, seriousness of offence) — possession of specially protected species (pangolins) — likely long custodial sentence increases flight risk.
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1 April 2021 |
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Bail refused due to aggravating robbery circumstances, strong evidence, and real risk of abscondment and witness interference.
Criminal procedure — bail pending trial — cumulative assessment of factors; seriousness of offence not determinative; recovery of stolen property and strength of State's case; risk of abscondment and witness interference; accused a member of security forces.
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1 April 2021 |
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Appellate court upheld custodial sentence for aggravated assault on a vulnerable mentally handicapped youth.
Criminal law – Assault – Aggravated assault involving boiling water and severe burns to a mentally handicapped youth – Sentencing discretion – Custodial sentence appropriate where community service or fine would trivialise offence – Appeal against sentence dismissed.
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1 April 2021 |
| March 2021 |
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Court sentenced a first offender for culpable homicide after a single blow to the head, balancing mitigation with deterrence and partial suspension.
Criminal law – Culpable homicide (s49) – Single blow with log causing death – Ordinary negligence – Sentencing: mitigating factors (first offender, plea, compensation) balanced against aggravating factors (avoidable death, head injury, impact on dependants) – Partial suspension of sentence conditional on no further violent offending.
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31 March 2021 |
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Urgent application struck off for procedural non-compliance and self-created delay; costs awarded against the applicant.
Civil procedure — Urgent chamber application — Non-compliance with r 241(1)/Form 29B — Condonation requires satisfactory explanation — Urgency — Self-created or slept-on urgency disentitles applicant to preferential treatment — Application struck off urgent roll; costs to applicant.
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30 March 2021 |
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Urgent application struck off for self-created urgency, defective certificate and noncompliance with court rules; applicant ordered to pay costs.
Urgent procedure – self-created urgency and delay – defective certificate of urgency – non‑compliance with r 241 (Form 29/29B) – exclusion vs expulsion – points in limine upheld – matter struck off roll.
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25 March 2021 |
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An urgent application failing to comply with prescribed forms and seeking overtaken relief was struck off the roll with costs.
Civil procedure – Urgent chamber application – non-compliance with High Court Forms 29A/29B – Rule 4C – failure to amend defective provisional order – interim relief overtaken/mootness – matter struck off roll with costs.
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24 March 2021 |
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Whether the accused's confession and participation establish co‑perpetrator murder liability and warrant an 18‑year sentence.
Criminal law — Murder — Co‑perpetration under s 196A — Admissibility of confession s 256 CPEA — Actual intent established by multiple stab wounds — Youth and mitigation in sentencing.
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23 March 2021 |
| February 2021 |
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Applicant charged with rape admitted to bail due to weak State case and low risk of absconding or witness interference.
Criminal procedure — Bail — Rape charge — Assessment of strength of State's case, delay in reporting, medical evidence and extortion allegations — Risk of abscondment and witness interference — Imposition of protective bail conditions.
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18 February 2021 |
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Court granted interim stay of disciplinary hearing during COVID-19 lockdown to protect applicant's health and fair hearing rights.
Labour/employment law — disciplinary hearings during COVID-19 lockdown — public health regulations (SI 83/2020 as amended) — right to health and fair hearing — interim stay of proceedings.
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12 February 2021 |
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Bail granted where State's case was weak and no real risk of abscondment or witness interference, subject to conditions.
Bail application – balance between right to liberty and administration of justice – seriousness of offence not determinative – assessment of State's case strength – risk of abscondment and witness interference – imposition of conditions.
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12 February 2021 |
| January 2021 |
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Bail granted where magistrate misdirected by relying on unproven state case strength and offence seriousness.
Criminal procedure – Bail appeal – Whether magistrate misdirected by relying on seriousness and unsubstantiated strength of state case – Confession of co-accused and s 259 – Flight risk and witness interference – Bail conditions to mitigate prejudice.
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28 January 2021 |