SemantisAI Reportable Judgments

This privacy policy is issued by and on behalf of SemantisAI (Pty) Ltd (“Semantis.AI”)

REPORTABILITY SCORE: 82/100 Administrative Law — Compensation for Occupational Injuries and Diseases Act — Internal remedy — Appellants challenged classification decision by the Commissioner under COIDA — Court of first instance held that section 91 of COIDA constituted an internal remedy, precluding judicial review — Appellants contended that the classification was irrational and did not reflect the nature of their business operations — Court found that the decision was arbitrary and not rationally connected to the information before the Commissioner, allowing for judicial intervention and substitution of the classification.

REPORTABILITY SCORE: 82/100 Constitutional Law — Judicial Services Commission — Designation of members — National Assembly's discretion — The National Assembly designated Dr. Mandlakayise John Hlophe as a member of the Judicial Services Commission despite his recent impeachment for gross misconduct, which included attempts to influence judges improperly. The Democratic Alliance, Freedom Under Law, and Corruption Watch challenged this designation, arguing that the National Assembly failed to exercise its discretion properly and did not consider Hlophe's unsuitability. The court held that the designation was unconstitutional and invalid, emphasizing that the National Assembly must assess the fitness of nominees to uphold the integrity of the judiciary.

REPORTABILITY SCORE: 82/100 Arbitration — International arbitration agreement — Disputes arising from Common Terms Agreement — High Court lacking jurisdiction to determine disputes subject to arbitration — International Arbitration Act 15 of 2017 applicable — African Development Bank immune from court jurisdiction under Diplomatic Privileges and Immunities Act 37 of 2001. The Industrial Development Corporation and African Development Bank sought to appeal a High Court ruling that dismissed their preliminary objections regarding jurisdiction in a dispute with Kalagadi Manganese and others, which arose from a Common Terms Agreement mandating arbitration in London for any disputes. The High Court had found that it had jurisdiction over the matter, despite the arbitration clause. The legal issue was whether the High Court had jurisdiction to hear the dispute given the existence of a binding arbitration agreement and the immunity of the African Development Bank from legal process. The Supreme Court of Appeal held that the High Court erred in asserting jurisdiction, as the disputes were clearly subject to the arbitration clause in the Common Terms Agreement, and the African Development Bank was immune from the court's jurisdiction. The appeal was upheld, and the High Court's order was set aside, with the application stayed pending arbitration.

REPORTABILITY SCORE: 82/100 Companies — Winding-up — Application for winding-up of Selective Empowerment Investments 1 Ltd by the Companies and Intellectual Property Commission (CIPC) on grounds of insolvency and just and equitable — High Court found company insolvent and granted final winding-up order — Appeal against winding-up order — Whether CIPC had standing to apply for winding-up based on just and equitable grounds — Whether Selective was insolvent — Appeal upheld; final winding-up order set aside and substituted with provisional winding-up order, allowing for interested parties to show cause why final order should not be granted.

REPORTABILITY SCORE: 82/100 Ownership — Transfer of ownership — Requirements for delivery — Respondents claimed ownership of goods held by appellant, asserting that ownership passed upon clearing customs — Appellant contended that no valid transfer of ownership occurred as respondents were not parties to the relevant contracts and failed to prove delivery — Court held that the respondents did not establish ownership due to lack of evidence of delivery, and the appellant's lien over the goods remained valid, necessitating further judicial determination of ownership and lien claims.

REPORTABILITY SCORE: 75/100 Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of three counts of rape and sentenced to life imprisonment — Appellant contended that complainant's testimony, being that of a single witness, should have been treated with caution and that medical evidence did not corroborate penetration — Trial court found complainant's testimony credible and consistent, rejecting appellant's version as implausible — Legal issue of whether the trial court misdirected itself in assessing evidence and sentencing — Court of Appeal upheld both conviction and sentence, finding no material misdirection and affirming the appropriateness of the life sentence given the gravity of the offences.

REPORTABILITY SCORE: 82/100 Damages — Road Accident Fund — Claim for past medical expenses — Plaintiff's medical expenses paid by medical aid scheme — Defendant's argument of unjust enrichment rejected — Court held that benefits received from a medical aid scheme do not negate the plaintiff's right to claim damages from the Road Accident Fund — Defendant ordered to pay the full amount of past medical expenses incurred by the plaintiff.

REPORTABILITY SCORE: 82/100 Unlawful Arrest — Detention — Claim for damages arising from unlawful arrest and detention — Plaintiff arrested on suspicion of armed robbery based on insufficient evidence linking him to the crime — Arresting officer failed to establish reasonable grounds for suspicion as required by section 40(1)(b) of the Criminal Procedure Act — Court finds arrest and subsequent detention unlawful, with defendant liable for damages.

REPORTABILITY SCORE: 82/100 Environmental Law — Water Use Licence — Appeal against decision of Water Tribunal — Appellants, environmental organisations, challenged the issuance of a water use licence to Atha-Africa Ventures for coal mining activities — Tribunal dismissed the appeal, finding the decision reasonable and compliant with the National Water Act — High Court upheld the Tribunal's decision, leading to an appeal to the Supreme Court of Appeal — Key issues included the interpretation of sections 24 and 27 of the National Water Act, the application of the precautionary principle, and the alleged failure to consider socio-economic impacts — Appeal dismissed with costs, including costs of two counsel, on grounds of vexatious litigation and abuse of court process.

REPORTABILITY SCORE: 82/100 Administrative law — Review under the Promotion of Administrative Justice Act 3 of 2000 — Failure to exhaust internal remedies — Application for exemption under s 7(2)(c) of PAJA — Meaning of ‘exceptional circumstances’ — Chief Director’s approval of Environmental Authorisations (EAs) under the National Environmental Management Act 107 of 1998 — EAs conditional on further steps before implementation — High Court’s review and set aside of decisions — Appellants contending that respondents failed to exhaust internal remedies before judicial review — Court held that the high court lacked jurisdiction to entertain grounds not raised in internal appeal without an application for exemption — Appeal upheld, high court order set aside, and application dismissed.

REPORTABILITY SCORE: 82/100 Execution — Road Accident Fund — Payment of claims — Appellant (RAF) appealed against order requiring payment of claims to attorneys representing plaintiffs — RAF admitted liability but contested payment to attorneys due to alleged fraudulent conduct by one director — Court held that RAF must comply with court orders for payment as no valid basis for withholding payment was established — Appeal against order to pay attorneys dismissed, but appeal against review of administrative decision upheld, as no evidence of such decision was provided — Costs awarded to respondents.

REPORTABILITY SCORE: 82/100 Guarantee — Demand for payment — Distinction between separate demands — Exxaro issued two demands on ABSA under a guarantee, the first being rejected for lack of authority, and the second not formally rejected — ABSA's failure to respond to the second demand precluded it from claiming non-compliance with the guarantee — The second demand was made before the guarantee expired and was not unconscionable — Exxaro entitled to payment of the amount specified in the second demand.

REPORTABILITY SCORE: 82/100 Criminal Law — Sexual Offences — Conviction and sentencing for rape and sexual assault — Appellant convicted of two counts of rape and one count of sexual assault against his 13-year-old stepdaughter — Minimum sentence of life imprisonment imposed for rape under the Criminal Law Amendment Act — Appellant's defence based on consent rejected — Complainant's consistent testimony and corroboration by her mother deemed credible — Appeal against conviction and sentence dismissed as no substantial and compelling circumstances found to deviate from minimum sentence.

REPORTABILITY SCORE: 82/100 Unlawful Arrest and Detention — Damages — Action for damages arising from unlawful arrest and detention — Plaintiff arrested on suspicion of rape and detained for approximately 16 months — Charges withdrawn prior to release — Court found arrest unlawful due to lack of reasonable suspicion and inadequate investigation by arresting officer — Defendant liable for damages resulting from unlawful arrest and continued detention — Award of R1,500,000.00 in damages for the severe impact on the plaintiff's life and the long duration of detention.

REPORTABILITY SCORE: 81/100 Constitutional Law — Search and seizure — Admissibility of evidence obtained under defective search warrant — Section 35(5) of the Constitution — The Director of Public Prosecutions appealed against the acquittal of the respondents on drug-related charges, arguing that evidence obtained under a defective search warrant should be admissible. The regional court and high court had ruled the evidence inadmissible due to formal defects in the warrant. The Supreme Court of Appeal held that the admission of the evidence would not render the trial unfair or be detrimental to the administration of justice, thus overturning the lower courts' decisions and remitting the matter back to the regional court for trial continuation.

REPORTABILITY SCORE: 81/100 Delict — Negligence — Duty of care — Parents of toddler seeking damages for drowning incident at Mandela House — Plaintiffs alleging negligence on part of Minister's employees for failing to secure premises and swimming pool — Minister denying liability, asserting that premises were not open to the public and that plaintiffs' son had no authorization to enter — Court finding that Minister's employees failed to take reasonable steps to secure premises and prevent access to swimming pool, constituting negligence — Minister held liable for damages suffered by plaintiffs.

REPORTABILITY SCORE: 81/100 Family Law — Children's Rights — Registration of Fatherhood — Section 11(5) of the Births and Deaths Registration Act 51 of 1992 — DNA testing not mandatory. First and second applicants, a couple living together with two children born outside of marriage, sought to have the first applicant's name registered as the father on the children's birth certificates. The respondents contended that DNA testing was required to confirm paternity. The court held that under section 11(5) of the Act, a high court confirmation of paternity dispenses with the need for DNA testing, allowing the first applicant's particulars to be recorded on the birth certificates without further proof of paternity. The application for summary judgment against the third respondent was dismissed, and the first applicant was confirmed as the father of the children, with the second applicant's consent dispensed with.

REPORTABILITY SCORE: 80/100 Legal Practice — Professional misconduct — Non-compliance with Legal Practice Act — Appellant, South African Legal Practice Council, appealed against the high court's dismissal of its application for the removal or suspension of the first respondent, Kgetsepe Revenge Kgaphola, from the roll of attorneys due to multiple breaches of professional conduct rules, including practicing without a fidelity fund certificate and failing to respond to LPC correspondence. The high court found the respondent's infractions not serious enough to warrant removal. The Supreme Court of Appeal held that the high court misdirected itself in its factual inquiry and concluded that the respondent's misconduct was established. The court imposed a 12-month suspension, wholly suspended on conditions, and ordered costs against the respondent.

REPORTABILITY SCORE: 82/100 Interdict — Final interdict — Requirements for granting — Applicant, NSPCA, sought confirmation of rule nisi to prevent inhumane treatment of chickens by 1st respondent, Daybreak Foods — Urgent application arose from financial mismanagement leading to neglect and mistreatment of animals — Court found NSPCA had a clear right, injury was reasonably apprehended, and no other satisfactory remedy existed — Rule nisi confirmed with amendments to ensure humane treatment and adequate feeding of chickens.

REPORTABILITY SCORE: 82/100 Contempt of Court — Divorce proceedings — Applicant sought to hold respondent in contempt for failing to comply with court order regarding children's travel — Respondent's application for postponement to file answering affidavit denied due to lack of merit and as a delaying tactic — Respondent unlawfully retained children in Switzerland, violating agreed terms of court order — Court found respondent in contempt and ordered immediate return of children to South Africa.

REPORTABILITY SCORE: 82/100 Bail — Exceptional circumstances — Appeal against refusal of bail pending trial — Appellants, a married couple, charged with serious offences including kidnapping and sexual assault — Magistrate found no exceptional circumstances justifying bail — Appellants argued that the state’s case was weak and that they were not flight risks — Court held that the magistrate misdirected herself by failing to properly assess the strength of the state’s case and the evidence presented by the appellants — Exceptional circumstances established, warranting the granting of bail with stringent conditions.

REPORTABILITY SCORE: 82/100 Public Procurement — Tender Process — Unlawful appointment of service provider — The Municipality published a tender for accounting support services, including VAT review, and appointed the second respondent based on a quotation process, which was not compliant with its own Supply Chain Management Policy and the Municipal Supply Chain Management Regulations. The applicant challenged the Municipality's decision, arguing it was procedurally unfair and unconstitutional. The court held that the Municipality's decision to appoint the second respondent was constitutionally invalid and unlawful, as it failed to adhere to the required competitive bidding process for contracts exceeding R200,000, and set aside the appointment and any agreements made.

REPORTABILITY SCORE: 82/100 Town Planning — Building Approval — Review of municipal decision — Applicants sought to review the Municipality's approval of building plans for a three-storey dwelling, alleging non-compliance with town planning controls — The Municipality's approval was challenged on the grounds that the building exceeded the maximum height and number of storeys permitted — Court found that the building was unlawfully approved as it did not meet the statutory requirements, including the definition of a basement and maximum storey height — Decision of the Municipality set aside and costs awarded to the applicants.

REPORTABILITY SCORE: 58/100 Criminal Law — Murder — Appeal against conviction and sentence — Appellant convicted of murder and sentenced to life imprisonment — Appellant's defence based on alibi, claiming he was not present at the scene — Two eyewitnesses testified to witnessing the appellant stab the deceased — Court found the State proved the appellant's presence at the scene beyond reasonable doubt — Appeal against conviction dismissed; appeal against sentence upheld, reducing life imprisonment to 20 years due to lack of evidence of premeditation.

REPORTABILITY SCORE: 78/100 Unlawful Arrest and Detention — Arrest without warrant — Appellant arrested for possession of unlicensed firearm and ammunition — Police failed to conduct reasonable investigation prior to arrest — Appellant's explanation not adequately considered — Arrest deemed unlawful. The appellant was arrested by members of the SAPS without a warrant, following a stop of the vehicle he was driving, which was suspected to be linked to a robbery. The police found a firearm and ammunition in the vehicle, but the appellant claimed the vehicle belonged to his girlfriend and he had no knowledge of the firearm. The police did not investigate his claims. The legal issue was whether the arrest was lawful under section 40(1)(b) of the Criminal Procedure Act, which requires reasonable suspicion based on credible information. The court held that the arrest was unlawful as the police did not have reasonable grounds for suspicion, failing to investigate the appellant's version adequately. The appeal against the dismissal of the claims for unlawful arrest and detention was upheld, and the matter was remitted for determination of damages.

REPORTABILITY SCORE: 78/100 Water Supply — Mandament van Spolie — Urgent application for restoration of water supply — Applicants, owners of two properties, sought restoration after the City of Cape Town disconnected water supply due to alleged tampering — Respondent contended disconnection was justified due to misconduct — Court found applicants were in peaceful possession of water supply prior to disconnection and that the respondent's actions were unlawful, lacking due process — Urgency established due to the necessity of water for daily living — Respondent ordered to restore water supply and pay costs.

REPORTABILITY SCORE: 82/100 Intellectual Property — Passing off — Interdict against exhibition — Applicants, as Wozasisi Collective, sought an interdict against the respondents from continuing an exhibition titled “YOUR BEAUTY IS OUR CONCERN,” claiming it infringed their intellectual property rights established through a prior exhibition. — The respondents, led by photographer Trevor Stuurman, were accused of plagiarizing the applicants' thematic and titular concepts, which were closely aligned. — The court found that the applicants demonstrated a clear right to protection of their intellectual property, established urgency, and that the continuation of the exhibition posed a real threat of reputational and economic harm. — The respondents were interdicted from disseminating or exhibiting the infringing work pending further proceedings.

REPORTABILITY SCORE: 82/100 Parliamentary Ethics — Code of Ethical Conduct — Application for judicial review of disciplinary action against a Member of Parliament — Applicant, a member of the Judicial Service Commission, questioned a judge regarding a pending case involving his political party — Ethics Committee found breach of the Code for failing to act in the public interest — Legal issue of whether the Code applies to MPs while serving on the JSC — Court held that the Code applies irrespective of the capacity in which MPs operate, affirming the NA's authority to investigate and sanction breaches of the Code — Application dismissed with costs.

REPORTABILITY SCORE: 58/100 Interdict — Preservation of estate assets — Applicant sought to interdict first to third respondents from withdrawing funds from deceased's business pending appointment of executor — First respondent withdrew substantial amount from business account shortly after deceased's death — Court found applicant had standing to seek preservation of estate assets but failed to establish case against second and third respondents — Relief confirmed only against first respondent, with balance of application discharged.

REPORTABILITY SCORE: 82/100 Contract Law — On-demand performance guarantees — Liability of guarantor — Set Square Development (Pty) Ltd sought payment under three on-demand guarantees issued by Power Guarantees (Pty) Ltd, claiming the contractor's default justified the demands. The High Court dismissed Set Square's claims regarding two guarantees, citing issues of contract existence and alleged fraud. Power Guarantees appealed against the order upholding one of Set Square's claims. The Supreme Court of Appeal held that the guarantees were autonomous from the underlying contracts, and Set Square's demands complied with the guarantees' terms. The court dismissed Power Guarantees' defences of fraud and unconscionability, concluding that Set Square was entitled to payment under the guarantees.

REPORTABILITY SCORE: 82/100 Prescription — Unjustified enrichment — Section 12(3) of the Prescription Act 68 of 1969 — Commencement of prescription — Whether knowledge of legal conclusion applicable to claims against non-legal practitioners — Auckland Park Theological Seminary (ATS) ceded rights to Wamjay Holding Investments (Pty) Ltd (Wamjay) without consent from the University of Johannesburg (UJ) — UJ later cancelled the lease agreement, asserting the cession was invalid — Wamjay sought repayment of R6.5m from ATS based on unjustified enrichment after the Constitutional Court confirmed the invalidity of the cession — High Court found in favor of Wamjay, ruling that prescription had not begun to run — Supreme Court of Appeal held that prescription commenced on 5 October 2012 when UJ communicated its repudiation of the lease, thus overturning the High Court's decision and dismissing Wamjay's application.

REPORTABILITY SCORE: 73/100 Execution — Summary judgment — Opposed application for summary judgment for payment of loan arrears — Respondent defaulted on home loan payments, admitting liability but raising defences based on unforeseen circumstances and constitutional rights — Court found respondent failed to demonstrate a bona fide defence or viable alternative to remedy default — Summary judgment granted in favour of applicant for payment of R2 201 567.77, interest, and declaration of property executable, with a reserve price set.

REPORTABILITY SCORE: 62/100 Interim Interdict — Requirements for granting — Applicants sought an interim interdict against Ekurhuleni Metropolitan pending a review of a tender award to Malaka for water meter supply — D&D alleged unlawful conduct by CEM in awarding the tender, claiming infringement of constitutional rights and technical specification non-compliance — Court held that D&D failed to establish a prima facie right, imminent irreparable harm, or that the balance of convenience favored granting the interdict — Application for interim interdict dismissed.

REPORTABILITY SCORE: 58/100 Contract — Enforceability of undertakings — Sourceworx sought to enforce an undertaking from Datacentrix to remove employee Khumo Mosiane from the Transnet project, alleging breach of a subcontract clause prohibiting employee poaching — Court found the undertaking unenforceable as it lacked binding intent, was contrary to public policy, and Sourceworx failed to demonstrate irreparable harm — Additionally, Mosiane was not joined as a party to the proceedings, which was necessary given his substantial interest in the matter.

REPORTABILITY SCORE: 82/100 Criminal Law — Murder — Appeal against conviction — Appellant convicted of murder, robbery, and firearm-related charges — Evidence primarily from accomplice witness — Appellant contended that evidence was uncorroborated and his alibi was not properly considered — Court found that the evidence of the accomplice was clear and reliable, corroborated by other testimonies — Appellant's claim of accidental shooting rejected as the court determined intent to kill was established — Appeal dismissed.

REPORTABILITY SCORE: 79/100 Damages — Loss of earning capacity — Claim for loss of earning capacity of a minor following a pedestrian accident — Plaintiff's failure to provide comprehensive expert evidence regarding brain injury — Court's reliance on circumstantial evidence and expert consensus regarding cognitive deficits — Holding that the minor suffered a mild traumatic brain injury (TBI) with sequelae and PTSD, impacting future earning capacity — Award of damages calculated with appropriate contingencies applied.

REPORTABILITY SCORE: 78/100 Criminal Law — Appeal against sentence — Appellant a minor at time of offence — Sentencing without pre-sentence report — Original sentence of 10 years’ imprisonment deemed inappropriate — Appeal upheld and sentence substituted with 2 years’ imprisonment. The appellant, a 16-year-old, pleaded guilty to attempted murder and was sentenced to 10 years’ imprisonment. The appeal focused on the court's failure to consider the appellant's age, personal circumstances, and the absence of a pre-sentence report. The court found the original sentence harsh and inappropriate, leading to the substitution of the sentence with 2 years’ imprisonment, antedated to the original sentencing date.

REPORTABILITY SCORE: 58/100 Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of raping former partner, sentenced to life imprisonment — Appellant contended that the trial court erred in accepting the complainant's evidence and rejecting his version of consensual intercourse — Court found that the trial court meticulously evaluated evidence, including the complainant's testimony and corroboration by her partner — Appellant's claims of improbabilities and contradictions in the complainant's evidence deemed immaterial — No substantial and compelling circumstances found to warrant deviation from the minimum sentence — Appeal dismissed.

REPORTABILITY SCORE: 70/100 Delict — Road Accident Fund — Claim for damages arising from motor vehicle collision — Plaintiff seeking compensation for past and future loss of income and general damages — Defendant not admitting liability and failing to present evidence — Court satisfied of plaintiff's injuries and resultant impairments — Plaintiff awarded 100% of proven damages for past and future loss of income.

REPORTABILITY SCORE: 82/100 Execution — Perfection of notarial bond — Urgent application for possession of movable assets — Applicant sought to perfect a general notarial covering bond over the Respondent's assets due to substantial indebtedness — Respondent opposed the application and sought a stay pending a PAIA application — Court held that the Applicant demonstrated a clear right to perfect the bond based on the Respondent's admitted default and significant debt, justifying the urgency of the application — Respondent's grounds of opposition, including an alleged informal agreement and a pending PAIA request, were found to be without merit — Order granted in favor of the Applicant, allowing for the perfection of the bond and possession of the Respondent's assets.

REPORTABILITY SCORE: 57/100 Summary Judgment — Application for summary judgment — Special pleas of res judicata and non-joinder — Applicant sought payment under a surety agreement and a personal mortgage loan agreement — Respondent admitted liability but raised defences of res judicata and non-joinder — Court held that the respondent's defences were without merit as the claims were distinct and the respondent was jointly and severally liable — Summary judgment granted in favour of the applicant for the amounts claimed, with costs on an attorney and own client scale.

REPORTABILITY SCORE: 82/100 Criminal law — Unlawful arrest and extradition — Appellant claimed unlawful arrest and abduction by South African Police Service (SAPS) in Tanzania — Respondents contended appellant was arrested by Tanzanian authorities and subsequently deported — High Court found appellant consented to return to South Africa — Appeal dismissed as appellant failed to establish unlawful arrest by SAPS, and her removal was deemed lawful under the circumstances.

REPORTABILITY SCORE: 80/100 Labour Law — Unfair Dismissal — Jurisdiction of CCMA — Employees dismissed for misconduct during unprotected strike — Employees argued that CCMA lacked jurisdiction to arbitrate dismissal dispute — Court held that the CCMA had jurisdiction as the dismissal was framed as misconduct, not participation in the unprotected strike — Dismissal deemed substantively fair based on evidence of misconduct including sabotage and interference with security personnel — Award set aside due to incomplete record and failure to adequately assess evidence — Matter referred back for re-arbitration before a different commissioner.

REPORTABILITY SCORE: 81/100 Legal Practice — Striking off — Legal practitioner found unfit to practice — Respondent, Mamolatelo Alfred Selota, was suspended in 2020 for misconduct but continued to practice unlawfully — Multiple instances of failing to maintain proper accounting records, practicing without a Fidelity Fund certificate, and overreaching clients — Cumulative effect of misconduct rendered the respondent unfit to practice law — Striking off from the roll of legal practitioners justified.

REPORTABILITY SCORE: 57/100 Condonation — Late filing of opposing affidavit — Application for condonation by respondents for late submission of opposing affidavit in response to an application issued on 3 December 2024 — Court considers prospects of success, nature of relief sought, and importance of case — Poor explanation for delay noted, but no intention to delay proceedings found — Condonation granted, with costs awarded to applicant for opposing the application. Contract — Authority of trustees — Dispute regarding authority of second respondent to accept auction bid on behalf of the Michael Family Trust — Requirement for trustees to act jointly — Court finds that second respondent lacked authority to bind the trust as required by trust law — Application dismissed with costs.

REPORTABILITY SCORE: 82/100 Public Law — Organ of State — Definition under the Legal Proceedings Act — Johannesburg Water, established to provide water services, deemed an organ of state. Dark Fibre claimed damages for cable damage caused by Johannesburg Water's contractors. Johannesburg Water raised a special plea for lack of notice under section 3 of the Legal Proceedings Act. The court held that Johannesburg Water is an organ of state as it performs a constitutional function, thus requiring compliance with the notice provisions of the Act. The appeal was upheld, and the matter was referred back for consideration of condonation for the notice failure.

REPORTABILITY SCORE: 62/100 Intervention — Application for intervention — Applicants seeking to intervene in self-review of tender awarded to Thomson Reuters by the Office of the Chief Justice — Applicants former employees of OCJ, alleging false and defamatory statements regarding their conduct — Legal issue of whether applicants have a direct and substantial interest in the outcome of the review proceedings — Court holding that applicants lack interest in the order sought, as they only seek to challenge the reasoning of the court, and thus the application for intervention is dismissed; further, scandalous allegations made against the Secretary General of the OCJ are struck out, and a punitive costs order is granted against the applicants.

REPORTABILITY SCORE: 82/100 National Credit Act — Debt review — Interpretation of 'default' under section 103(5) — Applicant, a registered debt counsellor, sought a declaratory order that an application for debt review does not purge the default of the original credit agreement — Respondents, including banks, contended that a debt rearrangement purges the default — Court held that section 103(5) applies regardless of debt review status, affirming that default under the original credit agreement persists during debt review, and that the application for debt review does not cure the default.

REPORTABILITY SCORE: 82/100 Taxation — Business rescue — Characterization of tax liabilities — Whether income tax and VAT liabilities arising from assessments before commencement of business rescue are pre- or post-commencement debts — Appellant, a close corporation, commenced business rescue on 31 January 2018, with tax liabilities for the 2017 financial year and VAT for the period 01/2018 — High Court held these liabilities were post-commencement debts and could be set off against VAT refunds due to the appellant — Supreme Court of Appeal found both tax liabilities were pre-commencement debts, owed before the business rescue commenced, and not subject to set-off against post-commencement VAT refunds.

REPORTABILITY SCORE: 82/100 Trade Marks — Infringement — Likelihood of confusion — Applicants sought interdict against respondents for using "LENBUCOD," a mark similar to their registered trademark "MYBUCOD" — Both products identical in composition and appearance, differing only in name — Court to determine if "LENBUCOD" likely to deceive or confuse consumers — Applicants established likelihood of confusion based on historical market presence and similarity of marks — Respondents' defense of trademark invalidity rejected — Interdict granted, restraining respondents from using "LENBUCOD" and ordering destruction of infringing materials.

REPORTABILITY SCORE: 82/100 Labour Law — Security for arbitration award — Validity of security bond — The Labour Appeal Court considered the validity of a security bond issued by the Director-General of the Department of Forestry, Fisheries and the Environment to suspend the operation of an arbitration award pending review. The Labour Court had previously ruled that the bond did not constitute satisfactory security under section 145(7) of the Labour Relations Act due to non-compliance with section 66 of the Public Finance Management Act. The appeal addressed whether the security bond was subject to the PFMA and whether it was valid despite lacking a specified amount. The Labour Appeal Court held that the security bond constituted sufficient security as it related to an existing obligation, thus overturning the Labour Court's decision and allowing the appeal.

REPORTABILITY SCORE: 82/100 Divorce — Accrual system — Antenuptial contract — Declaration of commencement value — Applicant and respondent married out of community of property, subject to accrual system — Applicant sought to challenge the respondent's declared commencement value of R68.7 million in antenuptial contract during divorce proceedings — High Court found parties bound by the declared value, resulting in no accrual — Applicant appealed, arguing antenuptial contract served only as prima facie proof of value — Court held that antenuptial contract with declared value is conclusive proof, and applicant failed to prove an accrual — Appeal dismissed with costs.

REPORTABILITY SCORE: 82/100 Damages — Medical expenses — Quantum of damages for future medical and hospital expenses — Plaintiff's child born with cerebral palsy due to intrapartum hypoxia — Defendant conceded liability — Expert evidence presented on future medical needs and associated costs — Dispute over necessity and extent of future therapies and caregiver support — Court accepted expert recommendations for ongoing medical care, therapies, and caregiver costs, with adjustments for contingencies — Future medical expenses quantified and awarded accordingly.

REPORTABILITY SCORE: 82/100 Criminal Law — Sentencing — Life imprisonment for incestuous rape — Appellant, the biological father of the victim, pleaded guilty to raping his 14-year-old daughter on two occasions, resulting in her pregnancy — The regional magistrate imposed a life sentence in accordance with the minimum sentencing provisions of the Criminal Law Amendment Act 105 of 1997 — Appellant appealed against the sentence, arguing that it was disproportionate and that he should have received a lesser sentence due to his guilty plea and potential for rehabilitation — Court held that the nature of the crime, particularly the familial relationship and the victim's age, warranted the minimum sentence, and found no misdirection by the sentencing court — Appeal against sentence dismissed.

REPORTABILITY SCORE: 82/100 Labour Law — Appointment of municipal officials — Rescission of appointment — Applicant appointed as Director of Technical Services by Municipal Council, but appointment rescinded following MEC's recommendation — Applicant challenges rescission as unconstitutional and irrational — Court finds that the Council acted unlawfully in rescinding the appointment based on MEC's influence, which constituted improper interference — Decision to re-advertise position set aside, and original appointment reinstated.

REPORTABILITY SCORE: 81/100 Constitutional Law — Access to courts — Rescission of orders — Applicant sought rescission of previous orders refusing leave to appeal and rescission of a decision by the Labour Court — Labour Court failed to adjudicate applicant's cross-review challenging a finding of guilt for corruption — Court held that the Labour Court's failure to consider the cross-review constituted a serious irregularity and violated the applicant's right to access to courts — Rescission granted, and matter remitted to the Labour Court for determination of the cross-review by another judge.

REPORTABILITY SCORE: 82/100 Damages — Loss of earnings — Claim for future loss of earnings on behalf of a minor child — Minor sustained mild to moderate traumatic brain injury in a motor vehicle accident — Defendant conceded negligence and settled general damages — Dispute over quantum of future loss of earnings — Plaintiff's experts established nexus between injuries and loss of earnings potential, while Defendant argued lack of evidence for future loss — Court found sufficient evidence of diminished earning capacity due to accident-related injuries — Awarded lump sum of R3,849,567 for future loss of earnings, applying appropriate contingencies.

REPORTABILITY SCORE: 80/100 Criminal Law — Sexual Offences — Appeal against conviction and sentence — Appellant convicted of two counts of rape under section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 — Appellant's appeal upheld, convictions set aside and replaced with contraventions of section 15(1) of the same Act — Sentences of 15 years and life imprisonment replaced with five years for each count, three years of the second count running concurrently with the first, resulting in an effective term of seven years' imprisonment — Court found that the evidence did not support the original convictions of rape, and that the appellant's version of events was reasonably possibly true.

REPORTABILITY SCORE: 82/100 Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of raping his 14-year-old stepdaughter and sentenced to life imprisonment — Appellant's appeal contended that the trial court erred in finding the State proved its case beyond a reasonable doubt and that there were no substantial and compelling circumstances to deviate from the minimum sentence — Court upheld the conviction, finding the complainant's testimony credible and corroborated by DNA evidence, and that the trial court properly considered the gravity of the crime in sentencing.

REPORTABILITY SCORE: 45/100 Civil Procedure — Amendment of pleadings — Application to amend particulars of claim — Applicant sought to amend claim for medical negligence based on alleged incorrect admission date to hospital — Respondent opposed amendment, arguing it was mala fide and did not raise a triable issue — Court found that the proposed amendment contradicted previous statements made by the applicant and was based on a document not completed at the time of admission — Application for amendment dismissed as it would not affect the outcome of the case and was deemed opportunistic.

REPORTABILITY SCORE: 81/100 Constitutional Law — Rights of Persons with Disabilities — Urgent application for direct access to remedy constitutional defects in the Copyright Act — Blind SA sought to protect rights of visually impaired persons pending legislative amendments — Court held that the lapse of interim provisions created a rights vacuum, necessitating the reading-in of section 19D to ensure access to accessible format copies for persons with disabilities — President ordered to pay costs of the application.

REPORTABILITY SCORE: 82/100 National Credit Act — Credit insurance — Bundled insurance cover for vulnerable consumers — JDG Trading (Pty) Ltd sold credit life insurance to pensioners and disabled persons who were already unable to claim for retrenchment or disability — National Credit Regulator contended that such practices contravened sections 106(2)(a) and (b) of the Act as the insurance was unreasonable and at an unreasonable cost — Tribunal dismissed the Regulator's application, finding insufficient proof of unreasonableness — Court held that JDG's insurance cover was indeed unreasonable as it provided no meaningful benefit to the targeted consumers, thus violating the provisions of the Act.

REPORTABILITY SCORE: 82/100 Compensation — Occupational diseases — Appeal against Tribunal ruling — Appellant diagnosed with Post-traumatic Stress Disorder and Major Depressive Disorder following work-related incidents — Tribunal initially set effective date of liability as 3 May 2007 and percentage of permanent disablement at 20% — Appellant contended that liability should date back to 6 May 1993, the date of the incident, and that he should be deemed 100% permanently disabled — Tribunal's findings deemed arbitrary and unsupported by evidence — Appeal upheld, Tribunal's decision set aside, and Compensation Commissioner ordered to accept liability from 6 May 1993 with 100% permanent disablement.

REPORTABILITY SCORE: 78/100 Labour Law — Settlement Agreement — Authority to Bind Municipality — Appellant sought to enforce a settlement agreement against the Municipality, claiming that the official who signed it had ostensible authority. The Labour Court dismissed the claim, ruling that ostensible authority cannot be applied to state organs without proper delegation of authority. The appeal raised the issue of whether the Municipality could be estopped from denying the official's authority based on ostensible authority. The Labour Appeal Court upheld the Labour Court's decision, concluding that the invocation of ostensible authority was untenable as the official lacked the requisite authority under the Local Government: Municipal Systems Act, thus sanctioning an illegality.

REPORTABILITY SCORE: 81/100 Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for refusal to return to work during COVID-19 pandemic — Employee's medical condition classified him as highly vulnerable — Commissioner found dismissal substantively unfair, ordering reinstatement without backpay and a final written warning — NHLS challenged the reasonableness of the award — Court upheld the commissioner's decision, emphasizing the need for reasonable accommodation of vulnerable employees and the unreasonableness of NHLS's demands during the pandemic.

REPORTABILITY SCORE: 96/100 Citizenship — Constitutional validity — Section 6(1)(a) of the South African Citizenship Act 88 of 1995 — Automatic loss of citizenship upon voluntary acquisition of foreign citizenship — Democratic Alliance challenged the constitutionality of the provision, arguing it infringes the right to citizenship without consent or forewarning — Supreme Court of Appeal declared the provision unconstitutional and invalid from its promulgation — Constitutional Court confirmed the order, declaring that citizens who lost citizenship under the provision are deemed not to have lost it.

REPORTABILITY SCORE: 82/100 Execution — Enforcement of court orders — Default judgment — Ngonyama parties obtained default judgment against Development Trust for transfer of shares and accounting — Six years of non-compliance with judgment — Ngonyama parties sought execution of orders — Court held that execution application was necessary to enforce established rights and granted relief sought, emphasizing the obligation to comply with final judgments.

REPORTABILITY SCORE: 81/100 Constitutional Law — Jurisdiction — High Court's jurisdiction to review President's decision to assent to National Health Insurance Bill — High Court held to have jurisdiction as matter does not fall within exclusive jurisdiction of Constitutional Court. Facts — The Board of Healthcare Funders and the South African Private Practitioners Forum sought to review the President's decision to assent to and sign the National Health Insurance Bill, arguing that the decision was unconstitutional and lacked proper scrutiny. The President contended that the High Court lacked jurisdiction to hear the matter, asserting that only the Constitutional Court could adjudicate such claims. Legal Issue — Whether the High Court has jurisdiction to review the President's decision to assent to the National Health Insurance Bill and whether that decision is reviewable under the principle of legality. Holding — The High Court has jurisdiction to entertain the matter; the President's decision to assent to and sign the National Health Insurance Act is reviewable; the President is ordered to furnish the record of the impugned decision within ten days; and the respondents are ordered to pay the costs related to the application.

REPORTABILITY SCORE: 82/100 Tender — Award of tender — Authority to award — Raaleborg Environmental (Pty) Ltd applied to review the Cape Winelands District Municipality's repudiation of a tender award for waste management services, claiming the award was validly made before the bid validity period expired. The Municipality contended that the award was made by an unauthorized official and that the bid validity period had lapsed, rendering the award and subsequent contract void. The court held that the tender award was invalid as it was made by an unauthorized party after the bid validity period had expired, and thus the Municipality's actions to withdraw the award were lawful.

REPORTABILITY SCORE: 82/100 Valuation — Fair value determination — Application of discounts — Applicants sought to set aside the valuation report of the 23rd Respondent, arguing that it improperly included portfolio valuation and marketability discounts contrary to the settlement agreement, which only allowed for a minority discount. The valuer acknowledged uncertainty regarding the applicability of the additional discounts and deferred the decision to the arbitrator. The arbitrator upheld the valuation, leading to the applicants' review application. The court found that the valuer exceeded his mandate by applying the additional discounts, which were not permitted under the settlement agreement, resulting in an inequitable outcome. The court ordered the respondents to pay the Trust R11,136,219, with interest, and costs.

REPORTABILITY SCORE: 82/100 Legal Practice — Disciplinary proceedings — Review of decision — Applicant sought to review and set aside the decision of the Disciplinary Committee of the South African Legal Practice Council, which found her guilty of misconduct and recommended striking her name from the roll of legal practitioners. The applicant alleged procedural irregularities, including lack of notice and opportunity to present mitigating factors during the sanction phase of the hearing. The court found that the Disciplinary Committee acted irregularly by considering guilt and sanctions simultaneously without proper notification to the applicant, thus violating her right to a fair hearing. The sanctions imposed were set aside, and the matter was referred back for a new hearing on sanctions.

REPORTABILITY SCORE: 78/100 Medical Negligence — Section 18(3) Application — Plaintiff's claim for damages due to medical negligence resulting in brain injury and cerebral palsy — Plaintiff sought urgent implementation of judgment pending appeal — Court required to assess 'exceptional circumstances' and irreparable harm under section 18(3) of the Superior Courts Act — Plaintiff established exceptional circumstances and irreparable harm, while defendant failed to demonstrate potential harm — Court granted plaintiff's appeal, ordered costs on attorney and own client scale.

REPORTABILITY SCORE: 82/100 Patents — Validity of patent application — Interpretation of section 27 of the Patents Act, No. 57 of 1978 — The Regents of the University of California and others applied for an interim interdict against Eurolab and Dis-Chem for patent infringement of South African Patent No. 2007/10870, while Eurolab countered with a groundless threats application and a revocation application claiming the patent was invalid due to lack of entitlement to apply — Court held that the applicants failed to demonstrate they had acquired the right to apply for the patent from the inventors prior to the application date, rendering the patent invalid and subject to revocation under section 61(1)(a) of the Act.

REPORTABILITY SCORE: 60/100 Road Accident Fund — Claims — Compliance with s 24 of the Road Accident Fund Act — Applicants sought declaratory orders for the registration of their claims after the Road Accident Fund (RAF) rejected their lodgment documents for non-compliance with statutory requirements. Both applicants were involved in motor vehicle accidents and submitted claims that were returned by the RAF due to missing documentation. The RAF objected to the validity of the claims, asserting that the documents did not meet the necessary compliance standards. The court held that the applications were dismissed as the RAF's objections constituted valid administrative action under the Promotion of Administrative Justice Act, and the applicants failed to demonstrate compliance with the substantive requirements of the Act.

REPORTABILITY SCORE: 52/100 Rescission of Judgment — Application for rescission — Jurisdictional requirements under rule 42(1)(a) — Applicant sought rescission of an order declaring him personally liable for debts under s 424 of the Companies Act, contending it was erroneously granted in his absence — Respondents argued proper notice was given and applicant failed to appear — Court found applicant did not meet jurisdictional requirements for rescission, as he was duly notified and did not provide a reasonable explanation for his default — Application dismissed with costs on scale C.