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Recent Judgments

Applicant failed to prove exceptional circumstances under s60(11)(a); appeal against bail refusal dismissed.
Criminal procedure – Bail – Schedule 6 offences – s60(11)(a) onus on accused to prove exceptional circumstances – s60(14) police docket confidentiality and court’s discretion to order disclosure – s60(2)(c)/60(3) discretionary calling/ordering of evidence – s60(9) balancing of accused’s liberty against interests of justice – appellate review of wide judicial discretion.
10 February 2026
Whether the municipality failed its constitutional duty to prevent sewage pollution and which remedial orders are appropriate.
Environmental and administrative law — municipal duty to maintain water and sanitation infrastructure — intergovernmental co-operation and separation of powers — procedural particularity in constitutional relief (PAJA/Rule 53) — costs in constitutional litigation where claims are vexatious.
9 February 2026
Prior dismissal for insufficiency of proof does not bar new PIE eviction; verbal ‘sweat equity’ cannot transfer land.
Property law – Eviction under PIE Act – res judicata – continued occupation constitutes new cause of action; Alienation of Land Act – written deed required to transfer immovable property; registered owner’s vindicatory rights – just and equitable inquiry under s 4(7) PIE; costs on Magistrates’ Court scale.
9 February 2026
Applicant’s statutory biosecurity duties justified an interdict regulating livestock movement across its farm despite respondents’ historical access.
Animal Diseases Act – biosecurity and movement controls – Control Measures for cloven-hoof animals – interim interdict – regulation of livestock movement across private farm – balancing statutory disease-control duties against historical access.
9 February 2026
Court appointed interim curatrix ad personam, ordered disclosure and delivery of patient, and interdicted obstruction and threats.
Guardianship/curator bonis – interdictory relief to compel disclosure and prevent obstruction – best interests of an adult with intellectual disability paramount – appointment of interim curatrix ad personam – threats and unlawful practice by unregistered representative – stay pending rescission unsustainable without counter‑application – costs on attorney and client scale.
9 February 2026
Respondent’s decision to withhold funding for child-protection NPOs was unlawful; court ordered SLAs and designation certificates within ten days.
Administrative law – review under PAJA and section 33 of the Constitution – reasonableness and procedural fairness; Children’s rights (section 28) – state duty to provide/procure child-protection services; Urgency – imminent prejudice to vulnerable children; Section 107 Children’s Act – designation certificates; Service-level agreements – funding and shared responsibility; Remedies – setting aside decision and substitution/directive relief; Costs including senior counsel.
9 February 2026
Affixing process at a domicilium does not satisfy amended Rule 4(1)(a)(iv); default judgments refused for inadequate service.
Civil procedure — Service of process — Uniform Rule 4(1)(a)(iv) (substituted 27 Dec 2024) — domicilium citandi — delivery to person 16+ preferred; sheriff may leave copy if no person present — affixing not encompassed by subrule (iv) — sheriff's return must give detailed account — default judgment refused where service inadequately proved.
6 February 2026
Applicant failed to prove exceptional circumstances or irreparable harm to enforce spoliation order pending appeal under s18(3).
Spoliation – Enforcement pending appeal – Superior Courts Act s18(1),(3) – Requirement to prove exceptional circumstances and irreparable harm – Irreparable harm assessed factually and may be subsumed into exceptional-circumstances inquiry – Condonation for late affidavit – Costs (scale C, two counsel).
6 February 2026
Execution of reinstatement order pending appeal granted due to exceptional circumstances and irreparable harm.
Superior Courts Act s18 – execution pending appeal – exceptional circumstances and irreparable harm required; non‑compliance with Local Government Disciplinary Regulation 6(2) – suspension of municipal manager; substantial compliance doctrine; personal costs order against office‑bearers.
6 February 2026
Leave to appeal granted on multiple grounds including possession, territorial extent, MPRDA conflict and exercise of discretion in spoliation relief.
Civil procedure – leave to appeal (s 17, Superior Courts Act) – mandament van spolie – elements of possession (physical and animus) – territorial definition by aerial annexure – interaction between mandament van spolie and MPRDA (s 54) – liens – exercise of judicial discretion in urgent spoliation relief – mootness/standing where contracting party changed.
6 February 2026
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