|
Citation
|
Judgment date
|
| December 2020 |
|
|
|
28 December 2020 |
|
A Labour Court may amend a labour officer's draft ruling to cure defects; it cannot be displaced by an unlawful declaratur.
Labour law – confirmation of labour officer’s draft ruling (s 93(5)(b)) – scope of amendments – correction of defects vs substitution; Declaratory relief – labour officer and Labour Court lack jurisdiction to grant declaratur; Remedy for unlawful dismissal – reinstatement or damages in lieu.
|
7 December 2020 |
| November 2020 |
|
|
Court upheld registration of arbitral award; limited judicial role, party misconduct cannot frustrate enforcement.
Arbitration law – Registration and enforcement of arbitral awards (Model Law Articles 35–36) – Limited court intervention – Party capacity – nemo ex proprio dolo – Finality of arbitral valuation.
|
27 November 2020 |
|
An employer validly dismissed the respondent for uttering a false petition, unauthorised meetings and press engagement.
Labour law – disciplinary proceedings – uttering a false document – convening unauthorised meetings – breach of employer communications policy – appellate review of factual findings and penalty discretion.
|
26 November 2020 |
|
Bail pending appeal refused where trial facts, corroborative evidence, and strong custodial sentence made abscondment likely and appeal prospects slim.
Criminal procedure — bail pending appeal — prospects of success on appeal; risk of abscondment; deference to trial court factual findings; admissibility and sufficiency of circumstantial evidence (R v Blom principles).
|
25 November 2020 |
|
Debt from offshore crop financing is payable in US dollars; SI 33/19 parity does not apply due to s 44C(2)(b).
Commercial law – Crop finance – Offshore funding denominated in US dollars – s 44C(2)(b) Reserve Bank Act excludes foreign obligations from SI 33/19 parity – Deed of Settlement to be read with antecedent financing agreements.
|
16 November 2020 |
|
Documentary proof of a registered mining claim dispelled any material dispute, confirming the provisional interdict.
Mining law — registered mining claims v. special grant — material dispute of fact — provisional interdict — evidentiary weight of certificate of registration and ministerial confirmation.
|
16 November 2020 |
| September 2020 |
|
|
A court must not determine one co-applicant’s linked review when the other co-applicant’s adjourned review and evidence are essential to the decision.
Administrative and constitutional procedure – Review of military dismissal – Separation of intrinsically linked review applications – Requirement to hear co-applicants together – Time-bar and condonation for review applications – Exhaustion of internal remedies under Defence Act – Mero motu review and remittal for de novo hearing.
|
24 September 2020 |
| August 2020 |
|
|
Bail pending appeal denied: no prospects of success and high risk of absconding.
Criminal procedure – Bail pending appeal – Prospects of success on appeal; likelihood of absconding – Credibility of identification evidence; alibi rebutted by passport evidence – Appellate interference with discretionary decisions limited to misdirection or irrationality.
|
7 August 2020 |
| July 2020 |
|
|
Employer entitled to terminate on notice where employee refuses reassignment; disciplinary hearing not required absent misconduct.
Employment law – termination on notice v dismissal – refusal to accept transfer – unilateral variation of contract – whether disciplinary hearing required – employer’s common law right to terminate on notice – Chirasasa; Colcom Foods; Nyamande authorities.
|
28 July 2020 |
|
A single judge in chambers lacks power to set aside or suspend a High Court order; such relief lies with the Supreme Court.
Supreme Court Act ss 3, 21, 22 – jurisdiction – single judge sitting in chambers v. Supreme Court properly constituted – power to set aside or suspend High Court order lies with the Supreme Court; chamber applications limited to procedural relief under the Rules.
|
28 July 2020 |
|
Reckless, unverified media publication amounted to malice; a prompted retraction did not absolve liability.
Defamation – publication of unverified facts – recklessness as evidence of animus injuriandi – retraction and apology – voluntariness of retraction – freedom of expression vis-à-vis reputation rights – appellate interference with quantum.
|
23 July 2020 |
|
Labour court’s failure to decide the material issue and reliance on misconstrued facts vitiated its judgment; appeal allowed and matter remitted.
Labour law – Retrenchment Board jurisdiction – Review – Failure of court to determine material issue – Court raising and deciding issues not placed before the parties – Misconstrued facts vitiating judgment – Remittal for de novo determination.
|
17 July 2020 |
|
Children’s constitutional right to shelter is justiciable; State must assist where parents cannot provide, and eviction requires due process.
Constitutional law — s74 freedom from arbitrary eviction — eviction requires court order and consideration of all relevant circumstances; s81(1)(f) right to shelter for children — justiciable and enforceable (including children under parental care); State duty to adopt reasonable measures within available resources; balancing rights and relief by remittal and interim interdict.
|
17 July 2020 |
|
Foreign‑currency obligations preserved by s 44C remain payable in foreign currency despite S.I.142’s local legal‑tender provisions.
Banking and currency regulation; interpretation of s 44C Reserve Bank Act and S.I.33/2019; legal tender and S.I.142/2019; foreign obligations vs local obligations; enforceability of foreign‑currency debts.
|
14 July 2020 |
|
In defamation claims exact words need not be pleaded; exception for vagueness requires proof of prejudice; appeal dismissed.
Defamation — Pleading requirements — ipsissima verba not required; substance and effect sufficient — Exception for vagueness and embarrassment requires showing of prejudice — Proper citation — Leave to amend/further particulars.
|
2 July 2020 |
|
Taxing officer must assess necessity and reasonableness of claimed advocate’s fees; failure to do so warrants review and punitive costs.
Civil procedure – Taxation of costs – High Court (Fees and Allowances) Rules r 307 – taxing officer’s duty to enquire into necessity and reasonableness of disbursements – onus shifts to judgment creditor once debtor raises prima facie objection – review under r 314 – costs on legal practitioner and client scale.
|
2 July 2020 |
| June 2020 |
|
|
Transfer of property in defiance of a court order is null and cannot vest valid title in an innocent purchaser.
Civil procedure – transfer of immovable property in defiance of court order – transfer is nullity; innocent purchaser cannot acquire good title from a void transfer; costs follow the cause; cancellation of title deed.
|
29 June 2020 |
|
|
29 June 2020 |
|
Urgency upheld, but final custody and property relief granted via a misused provisional spoliation procedure was a nullity; matter struck off roll.
Guardianship of Minors Act s5 – custody on separation; Spoliation – provisional (interim) v final interdict; jurisdiction of High Court as upper guardian; urgency; nullity ab initio for inappropriate procedure; audi alteram partem breach.
|
25 June 2020 |
|
A target firm in which control is acquired is a 'party' required to notify a notifiable merger and may be penalised for non-notification.
Competition law – merger notification – definition of ‘party’ to a merger – target firm as party required to notify – s 2 and s 34A Competition Act – substance over form in merger characterization.
|
22 June 2020 |
|
A trial court wrongly granted absolution by making unsupported factual findings instead of requiring the defendant to prove its pleaded defence.
Civil procedure — absolution from the instance — test at close of plaintiff’s case is whether plaintiff has made out a prima facie case; court must not make definitive factual findings unsupported by evidence. Pleadings and averments cannot substitute for defendant’s evidence where facts are peculiarly within defendant’s knowledge. Retailer’s duty to provide safe environment — evidential onus and inference drawing.
|
22 June 2020 |
|
Dismissal for failing to declare a substantial bank account upheld; missing-form defence rejected and appeal dismissed.
Employment law – asset declaration as contractual obligation – lifestyle audit – deliberate misrepresentation of assets – standard of proof on balance of probabilities – appellate jurisdiction under s 92F limits review of factual findings – misplaced records do not excuse non-disclosure.
|
18 June 2020 |
|
An expromissio (novation) cannot operate where the principal contract was void due to the debtor’s mental incapacity.
Contract law — Novation (expromissio) — intercessio — requirement of valid principal agreement and creditor’s acceptance; Mental incapacity — effect on contract validity; Delegation/novation vs compromise; Creditor conduct (suing both debtors) as evidence of non-acceptance of new debtor.
|
12 June 2020 |
|
Disciplinary tribunal properly found misappropriation and failure to account; deregistration upheld and appeal dismissed with costs.
Legal practitioners — disciplinary proceedings — misappropriation of trust funds; By-law 70E — duty to account; disciplinary vs criminal proceedings — res judicata/autrefois acquit; requirements for proof beyond reasonable doubt; removal from roll as discretionary sanction.
|
11 June 2020 |
|
Misappropriation of client trust funds justified striking off; appellate court upheld the disciplinary tribunal's decision.
Professional discipline — Misappropriation of trust funds — Striking off as appropriate sanction — Weighing aggravating and mitigating factors — Limited scope of appellate review of disciplinary sentencing.
|
11 June 2020 |
|
A superior court may not quash ongoing criminal proceedings absent exceptional gross irregularity; the appellant's appeal succeeds.
Criminal procedure — Review of unterminated proceedings — Superior court intervention only in rare/exceptional cases of gross irregularity — Misdirection by magistrate insufficient to justify premature quashing; Appeals by Prosecutor‑General under s 44 High Court Act are sui generis — Notice of appeal not defective in absence of specific rules — Heads of argument deficiency not fatal.
|
8 June 2020 |
|
Leave to appeal refused where issues were not properly before the Labour Court and precedent bars interference with employer’s dismissal discretion.
Labour law — leave to appeal — appeal against dismissal — scope of Labour Court’s appellate jurisdiction — appellate restraint in interfering with employer’s disciplinary discretion — procedural propriety of raising issues before court — review versus appeal.
|
1 June 2020 |
| March 2020 |
|
|
Appointing multiple Deputy Presidents without Congress election was ultra vires the party constitution; court ordered Extra-Ordinary Congress.
Political party law — party constitution — interpretation favouring single Deputy President; appointments ultra vires where not elected by Congress; limits of Article 18; exhaustion of internal remedies excused where impractical; estoppel not established; courts may intervene in voluntary associations in exceptional circumstances; mootness — discretion to decide issues of public importance.
|
31 March 2020 |
|
r 449 cannot be used to reopen a clear consent order; rescission refused and higher-scale costs awarded.
Civil procedure — r 449 High Court Rules — correction/rescission limited to ambiguity, patent error or omission — consent order not susceptible to rescission to relitigate substantive issues — abusive r 449 application — costs on higher scale.
|
27 March 2020 |
|
Absolution was improperly granted where plaintiffs proved a prima facie breach of a sale agreement by unpaid instalments.
Contract law - sale agreement and instalments - breach for non-payment of purchase price; absolution from the instance - prima facie case test; entitlement to cancel requires full hearing and contract interpretation.
|
27 March 2020 |
|
Applicant failed to show good cause for non-payment of record costs; reinstatement of appeal dismissed.
Civil procedure – Reinstatement of appeal – r 34(1) and r 34(5) – payment for record preparation – good cause for non-compliance – administrative oversight versus gross negligence – diligence in prosecuting appeals – prospects of success.
|
26 March 2020 |
|
A narrow Article 34 review upheld an arbitral award; court may direct institutional appointment and Rent Regulations did not void the arbitration clause.
Arbitration law – UNCITRAL Model Law Art 11(4) (appointment of arbitrator) – delegation to arbitration institution; Art 16 (competence‑competence) and Art 34 (setting aside) – narrow grounds for judicial review; Rent Regulations s29 – applicability to arbitration clause; public policy – fraud, corruption, breach of natural justice threshold.
|
24 March 2020 |
|
An illegal subtenant lacks locus standi for declaratory relief challenging an executor’s appointment; punitive costs may be awarded.
Civil procedure – Declaratory relief (s 14 High Court Act) – locus standi – requires a direct and substantial interest (existing, future or contingent) – subtenancy and lease terms – prohibition on subletting without lessor's written consent – costs on attorney-and-client scale justified for abuse of court process.
|
16 March 2020 |
|
Pre-existing, NEC-approved company codes remained valid under S.I. 175/12 s 4.1; dismissal under such code was lawful.
Labour law — s 101(1)(b) Labour Act — registration and supersession of works council/company codes by NEC industry code — effect of repeal and substitution of statutory instrument — S.I. 175/12 s 4.1 exemption for pre-existing registered company codes — validity of disciplinary dismissal.
|
16 March 2020 |
|
Court partially allowed the appeal, reducing the respondent’s cash award under s 7(1)(a) after treating state compensation as divisible assets.
Family law – Matrimonial Causes Act s 7(1)(a) – Distribution of "assets of the spouses" broadly construed – "matrimonial property" distinction – parties cannot contractually fetter court’s discretion – admissibility of further evidence on appeal – scope of notice of appeal – treatment of compensation for compulsory acquisition as divisible asset.
|
16 March 2020 |
|
Appeal dismissed: trial court’s US$3,000 monthly post-divorce maintenance award and duration upheld; appellate interference not warranted.
Family law – Post-divorce maintenance – Quantum and duration – appellate review of factual findings; maintenance entitlement and duration fixed by pleadings; speculative future income not taken into account; adultery not relied on where not pleaded.
|
16 March 2020 |
|
An insider cannot invoke the Turquand rule or ostensible authority to enforce an unauthorised, retracted undertaking.
Employment law/Arbitration review – Arbitrator’s factual findings; Company law/Turquand rule – presumption of regularity; Ostensible authority – limits where insider has actual knowledge; Retraction of unauthorised internal undertaking.
|
13 March 2020 |
|
Appellant failed to establish good and sufficient cause to rescind default judgment; appeal dismissed with costs.
Civil procedure — Rescission of default judgment — Order 9 r 63 — "Good and sufficient cause" test: explanation for default, bona fides, prospects of success — In duplum rule and interest variation — new points not pleaded below not entertained on appeal.
|
13 March 2020 |
|
Appeal dismissed: appellant lacked proof of incapacity to contract; court upheld factual finding of capacity.
Contract law — Mental capacity to contract — Tests from Executive Hotel/Pheasant v Warne — onus on party alleging incapacity — appellate restraint on overturning factual findings.
|
12 March 2020 |
|
Condonation and extension granted where High Court misdirected by deciding substance rather than spoliation, giving appeal prospects of success.
Civil procedure – condonation and extension of time for noting appeal – delay and reasonableness of explanation – prospects of success; Spoliation (mandament van spolie) – requirements and effect – urgent application should address restoration of status quo ante before substantive title determination; Administrative action – summary cancellation of special mining grant and procedural fairness.
|
10 March 2020 |
|
A court must consider and weigh all established factors when deciding condonation; failure to do so is a misdirection warranting remittal.
Civil procedure – condonation – requirements and exercise of judicial discretion – necessity to consider and weigh all relevant factors (degree of non‑compliance, explanation, prospects of success, importance of case, finality, convenience and avoidance of delay) – misdirection where only explanation for delay considered.
|
10 March 2020 |
|
Failure to seek timely condonation and to present a bona fide defence justified summary judgment for vindication of property.
Property law – vindication of ownership; summary judgment – requirements and bona fide defence; condonation for late filing – exercise of judicial discretion; admissibility of further evidence on appeal (r 40); judicial notice of consent order; rules r 238(2)(b) and r 67.
|
5 March 2020 |
|
Conviction for murder upheld on circumstantial evidence; death sentence vacated as improperly authorised under the Constitution.
Criminal law – murder – confession and confirmation proceedings – voluntariness of warned and cautioned statements – circumstantial evidence and possession of stolen property – s256, s258 and s123 CP&E/Criminal Law provisions – capital punishment – constitutional requirement (s48(2)) for enabling legislation – sentence set aside.
|
5 March 2020 |
|
|
2 March 2020 |
| February 2020 |
|
|
|
28 February 2020 |
|
Court reinstated exam authority's power to order a resit and held courts must not substitute technical administrative remedies.
Administrative law; judicial review of examinations authority; annulment of exam results; substitution of administrative decision; Subject Manager recommendations non‑binding; urgency and mootness/justiciability.
|
14 February 2020 |
|
|
13 February 2020 |
|
The code in force at the time of the misconduct applies; delay alone does not nullify dismissal.
Administrative and labour law – applicable statutory instrument – effect of repeal (Interpretation Act s17) – disciplinary procedure – timing irregularity – remedy of mandamus – failure to raise objections at hearing.
|
10 February 2020 |
|
Whether the appellant was liable under ostensible authority for guarantees issued by its senior officer; court held appellant liable.
Agency — ostensible/apparent authority — senior officer’s representations binding principal; Turquand/indoor management rule — plea and timing of defence; statutory corporation and applicability of Companies Act provisions; fraud in civil proceedings — burden on balance of probabilities.
|
6 February 2020 |