Criminal Procedure — Sentence conversion — Interpretation of section 276A(3) of the Criminal Procedure Act 51 of 1977 — Applicant seeking conversion of direct imprisonment to correctional supervision — Court determining that 'date of release' includes earliest parole consideration date — Correctional authorities failing to consider request for conversion constitutes failure to perform statutory duty — Appropriate remedy to compel consideration and communication of a reasoned decision, not direct conversion of sentence.
Summary Judgment — Reckless credit defence — Applicant seeking summary judgment for arrears on vehicle instalment sale agreement — Respondent raising defence of reckless lending under National Credit Act — Court finding insufficient evidence of affordability assessment by applicant — Discretion exercised in favour of respondent due to best interests of minor children — Summary judgment application refused, leave to defend granted.
Family Law — Child Abduction — Application for leave to appeal — Respondent seeking leave to appeal against order for return of minor children to Australia — Court finding no reasonable prospects of success in appeal — Application for leave to appeal dismissed with costs — Section 18(3) application granted allowing applicant to secure children's return to Australia and ensuring children's access to communication with applicant.
Eviction — Unlawful occupation — Applicants seeking eviction of respondents from property — Respondents occupying property without consent since 2019 — Court determining jurisdiction under Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 (PIE) versus Extension of Security of Tenure Act 62 of 1997 (ESTA) — Court finding that respondents do not qualify as 'occupiers' under ESTA and that eviction under PIE is just and equitable — Eviction order granted with a 120-day compliance period.
Contempt of Court — Breach of court order — Respondent held in contempt for failure to comply with financial obligations outlined in divorce decree — Applicant sought enforcement of consent paper terms regarding maintenance and bond payments. Respondent failed to reimburse applicant for medical aid costs and did not pay bond instalments as required by the final divorce order. Court found that the respondent's non-compliance constituted contempt, resulting in a suspended three-month imprisonment sentence contingent upon payment of arrears.
Employment Law — Dismissal — Review of arbitration award — Applicant dismissed for gross insubordination and dishonesty after failing to comply with vaccination policy — Court finding that dismissal was fair and that the Commissioner did not err in characterizing the matter as misconduct rather than incapacity — Grounds for review dismissed.
Medical Negligence — Prescription — Knowledge of material facts — Applicant claiming damages for cerebral palsy allegedly caused by intrapartum hypoxic-ischaemic injury — Court finding that applicant did not acquire requisite knowledge of material facts until expert report was explained in 2019 — Defective service of statutory notice condoned — Personal claim not prescribed.
Judicial Conduct — Delay in issuing final written divorce order — Complaint against Deputy Judge President for grossly negligent breach of Article 10 of the Code of Judicial Conduct — Delay of approximately nine months found to constitute conduct unbecoming of a Judge — Formal written reprimand previously issued treated as sufficient remedial step — Remaining allegations dismissed.
Contract — Breach of contract — Summary judgment — Plaintiff seeking summary judgment for unpaid debt under a settlement agreement — Defendant admitting liability but opposing summary judgment on various grounds — Court finding no bona fide triable issues raised by the Defendant — Summary judgment granted in favor of Plaintiff for the amount due, with interest and costs awarded.
Servitudes — Unregistered servitude — Applicants seeking leave to appeal against judgment regarding the installation of a municipal sewer pipeline — Court finding that applicants failed to establish the unlawfulness of the installation and impermissibly sought to advance a new argument on appeal — Court holding that the continuous presence of the pipeline does not constitute a separate basis for appeal as it was not raised in the initial proceedings.
Judicial Conduct — Complaint against judges — Allegations of bias and misconduct against Judge President Phatudi and Judge Naude-Odendaal — Complainant asserting unfair treatment in Makgoba-related litigation — Judicial Conduct Committee finding no evidence of judicial misconduct or bias — Complaint dismissed in terms of section 17(4)(a) of the Judicial Service Commission Act 9 of 1994.
Appeal — Condonation — Application for condonation for late filing of Notice of Appeal and record — Appellants failing to comply with Rules of Court — Court emphasizing the importance of adherence to procedural rules and the consequences of habitual non-compliance — Application for condonation dismissed due to lack of justifiable reasons and failure to address previous complaints regarding the appeal record.