Family Law — Parental Rights — Suspension of parental rights — Court considering the best interests of the child, S, in determining parental rights of GG and EYC — GG awarded parental rights based on established care and stability provided to S — EYC's parental rights suspended rather than terminated, allowing for future application to resume rights pending adoption proceedings.
Delict — Fraudulent misrepresentation — Claim for delictual damages arising from fraudulent misrepresentations made by employee inducing employment — Employer alleging damages for salary paid during employment and costs incurred due to fraudulent conduct — Court granting postponement of trial for employee to secure legal representation despite concerns over bad faith and procedural delays.
Appeal — Leave to appeal — Application for leave to appeal against judgment and order — Court evaluating whether good cause shown for setting aside arbitration agreement — Court finding no compelling reason for appeal as no different conclusion likely from another court — Application dismissed.
Appeal — Leave to appeal — Application for leave to appeal against order of High Court — Applicant contending that the Court applied too strict a test regarding the defence of rectification of a mutual separation agreement — Court finding that the Applicant failed to substantiate the defence and did not meet the threshold for leave to appeal — Application for leave to appeal dismissed with costs.
Appeal — Leave to appeal — Application for leave to appeal against judgment and order of High Court — Applicant failing to present specific grounds of appeal — Court finding that the issues raised were not novel and did not warrant a different conclusion — Application for leave to appeal dismissed with costs.
Constitutional Law — Public Participation — Legislative Process — Applicants challenging the validity of the Public Procurement Act 28 of 2024 on grounds of inadequate public involvement in the legislative process — Court finding that Parliament failed to comply with constitutional obligations to facilitate public participation as required by sections 59(1)(a) and 72(1)(a) of the Constitution — Act declared invalid due to non-compliance with constitutional requirements.
Criminal Law — Special leave to appeal — Reconsideration of refusal of special leave to appeal — Application to adduce further evidence — Threshold for admission of further evidence satisfied — Further evidence raising reasonable possibility that conviction could not be sustained — State failing to prove guilt beyond reasonable doubt — Conviction and sentence set aside.
Constitutional Law — Principle of legality — High Court extending time for filing claim against fidelity fund — Appeal against High Court's order — SCA finding that High Court's order contradicted appellate court's finding that claim was filed out of time — High Court's exercise of judicial power deemed unlawful — Order set aside.
Constitutional Law — Public procurement — Agreement between municipality and charitable trust for subsidised housing — Key issue whether such agreement constitutes a contract 'for goods or services' under s 217(1) of the Constitution — Court finding that the municipality did not acquire services from the trust, thus procurement standard does not apply — Administrative law — Municipality's challenge to its own contract deemed unreasonable due to undue delay exceeding 27 years — Appropriate remedy is a structural interdict to compel performance.
Defamation — Appeal — Statements made in closed WhatsApp group regarding plaintiff's alleged corruption — Defendant's defences of truth and public benefit and fair comment rejected — Court finding that evidence did not substantiate claims of personal corruption — Appeal upheld, damages awarded for defamation — R100,000 in general damages plus interest and retraction ordered.
Administrative Law — Review of administrative action — Promotion of Administrative Justice Act 3 of 2000 — Applicant's refugee status withdrawn by respondents — Court finding that relevant factors were not considered and irrelevant factors were taken into account — Decision reviewed and set aside, with matter remitted for reconsideration within specified timeframe.
Contempt of Court — Rule 43 Order — First respondent found in contempt for attempting to dispossess applicant of a motor vehicle as per court order — Respondent's failure to comply with court directives and repeated disobedience established — Court confirms rule nisi and imposes suspended committal for 30 days, subject to conditions — Interdict granted against both respondents to prevent further harassment and dispossession of the applicant.