Contract — Termination — Repudiation — GDID and VGN entered into a contract for the supply of natural gas to hospitals, with GDID defaulting on payment obligations — GDID attempted to terminate the agreement, claiming it had expired, while VGN contended the contract was still valid — Court finding GDID's termination constituted a repudiation of the contract, which was not lawfully terminated — GDID's interpretation of the contract duration rejected as untenable.
Companies — Exemption from appointment of social and ethics committee — WOSA Export Marketing NPC applying for exemption under section 72(5) of the Companies Act 71 of 2008 — Tribunal determining that applicant failed to establish a formal mechanism performing SEC functions or that it is not reasonably necessary to require an SEC — Application refused due to lack of evidence supporting claims.
Civil Procedure — Summary judgment — Application for summary judgment dismissed — Applicant claiming repayment of loan from first respondent and surety from second respondent — First respondent in arrears and second respondent failing to fulfill surety obligations — Court finding that respondents did not disclose a bona fide defence and that the applicant's claim had not prescribed — Dismissal of application for summary judgment with costs awarded to respondents.
Settlement Agreements — Enforcement — Applicants sought to enforce a settlement agreement following the withdrawal of winding-up proceedings against the respondents, who defaulted on payment obligations. The respondents contested enforcement on grounds of common error and procedural impropriety, asserting that the agreement was void and that the applicants employed the wrong process to seek judgment. The court held that the errors identified did not render the agreement void and that the applicants' application was properly constituted under the relevant rules, allowing for the enforcement of the settlement agreement despite the respondents' objections.
Administration of Estates — Removal of co-executor — Applicants seeking removal of co-executor due to alleged delays and breakdown of trust — Court finding that the co-executor's continued appointment was undesirable and not in the best interests of the estate — Co-executor removed and ordered to return executorship letters and provide accounting of estate funds.
Contract — Acknowledgement of debt — National Credit Act — Appeal against dismissal of application for payment and transfer of immovable property — Court a quo found acknowledgement of debt constituted unlawful credit agreement under National Credit Act — Appellant contended that agreement fell outside application of Act due to respondent's asset value exceeding threshold — Appeal upheld as court a quo misdirected itself by not considering exclusion under s 4(1)(a) of the Act — Remaining defences referred to oral evidence.
Disciplinary Proceedings — Suspension — Automatic lapse of suspension — Regulation 6(6)(a) of Local Government Disciplinary Regulations for Senior Managers — Respondent's precautionary suspension deemed to have lapsed due to failure to commence disciplinary hearing within three months — Municipality's assertion of ongoing suspension rejected. The respondent, Dorothy Sekgololo Diale, was suspended as CFO of Lepelle-Nkumpi Municipality on 25 November 2025, with her suspension set to lapse on 24 February 2026 if no disciplinary hearing commenced. The municipality contended that the hearing was delayed due to Diale's actions, while she argued that her suspension automatically lapsed. The legal issue was whether Diale's suspension had lapsed as per the regulations due to the municipality's failure to commence the disciplinary hearing within the stipulated time frame. The court held that Diale's precautionary suspension had indeed automatically lapsed on 24 February 2026, declaring the municipality's extension of her suspension unlawful and ordering her return to work.
Family Law — Rule 43 application — Premature application for maintenance and care of minor children — No divorce action instituted at the time of application — Court upholding point in limine that Rule 43 relief is only available in respect of pending matrimonial actions — Court emphasizing the need for an issued summons to prevent abuse of the Rule 43 process — Orders made for maintenance and accommodation for minor children despite dismissal of Rule 43 application.
Contract — Provisional sentence — Settlement agreement — Plaintiff seeking provisional sentence for unpaid rental amount under settlement agreement — Defendants raising counterclaim and constitutional defence — Court finding that defendants failed to establish a valid counterclaim or demonstrate inability to satisfy judgment debt — Provisional sentence granted in favour of plaintiff for amount claimed.
Criminal Law — Appeal — Murder and robbery with aggravating circumstances — Appellant convicted based on circumstantial evidence — Evidence of unexplained possession of deceased's cellphone and active concealment through SIM card replacement — Appellant's version rejected as not reasonably possibly true — Appeal against conviction and sentence dismissed, with condonation for late filing of notice of appeal granted.
Criminal Procedure — Bail — Exceptional circumstances — Appellant charged with robbery with aggravating circumstances under Schedule 6 of the CPA — Appellant's bail applications refused due to failure to establish exceptional circumstances — Court reiterating that absence of ordinary grounds for detention does not suffice for bail under s 60(11)(a) — Appellant's claims regarding the weakness of the State's case and personal circumstances deemed insufficient to meet the burden of proof — Appeal dismissed.
Criminal Law — Murder — Appeal against conviction and life sentence — Appellants convicted of murder after attacking unarmed deceased with weapons — Court finding no misdirection in Regional Court's evaluation of evidence and sentencing — Appeal dismissed.