Execution — Sale in execution — Application for stay of execution — Respondents sought to stay the sale of their primary residence following a judgment declaring the property specially executable — Respondents abandoned their original basis for the stay and introduced new constitutional arguments at the hearing — Court found that the respondents had been aware of the impending sale and had failed to take timely action to settle their arrears — The court held that a stay of execution is an extraordinary remedy, and the respondents did not demonstrate sufficient grounds to warrant such relief, particularly given their inadequate payment history and the applicant's entitlement to the fruits of its judgment.
Administrative Law — Review — Urgent application for review of disciplinary transfer and conditions of detention — Applicant, an inmate, sought to review decisions regarding his transfer to a maximum security facility and prolonged solitary confinement — Applicant alleged violations of his rights under the Correctional Services Act and constitutional rights due to inhumane conditions — Court considered the urgency of the application and the necessity to bypass internal remedies — Held, the application was urgent due to the severe impact on the Applicant's mental and physical health, and the Respondents were ordered to transfer the Applicant back to the Johannesburg Correctional Centre Medium C within 24 hours.
Contempt of Court — Interdict — Application for contempt against second and third respondents for alleged breach of interdict — Applicant contending that respondents induced employees to leave and diverted business — Court finding no evidence of breach or contempt — Application dismissed with costs.
Leave to Appeal — Application for leave to appeal — Section 17(1) of the Superior Courts Act 10 of 2013 — Applicants sought leave to appeal against a judgment confirming a rule nisi ordering the transfer of funds from one account to another — Applicants claimed reasonable prospects of success and compelling reasons for the appeal — Court found no reasonable prospects of success or compelling reasons established — Leave to appeal dismissed.
Municipal Law — Municipal Accounts — Disputed electricity charges — Applicants, trustees of the Goslett Trust, sought a mandamus against the City of Johannesburg Metropolitan Municipality to correct municipal account for the property due to overbilling and lack of accurate meter readings — City failed to provide evidence to support its billing and did not engage with the trust's calculations — Court held that the city must reverse disputed charges, provide an adjusted statement, and is interdicted from disconnecting services pending compliance with the order — Costs awarded to the applicants on an attorney-and-client scale.
Local Government — Municipal Property Rates Act — Classification of properties for rating purposes — Msunduzi Municipality's categorisation of properties owned by Capital City Housing NPC as residential rather than public benefit organisation properties — High Court's order compelling Municipality to create additional category of rateable property — Appeal by Municipality against High Court's order — High Court lacked authority to grant relief not sought by applicant — Constitutional challenge to definition of ‘specified public benefit activity’ in Rates Act not upheld — Appeal upheld, High Court's order set aside, and application dismissed.
Road Accident Fund — Loss of earnings and earning capacity — Assessment of pre-morbid earnings including salary and business profits — Appellant involved in a motor vehicle collision resulting in severe injuries affecting his earning capacity — Dispute over whether pre-morbid earnings should include profits from closely-held business — Majority judgment held that business profits formed part of earning capacity and should be included in actuarial assessment, dissenting judgment on this issue — Appeal upheld in part, with substituted order for recalculation of future loss of earnings including both salary and business profits.
Restitution of Land Rights — Compensation — Applicants seeking review of Minister's decision rejecting claims for compensation under the Restitution of Land Rights Act — Settlement agreement reached during proceedings — Court declaring terms of settlement enforceable and awarding compensation to 41 households — Mora interest imposed due to delay in compensation — Payment modalities clarified, allowing for funds to be paid to the applicants' attorneys' trust account.
Delict — Road Accident Fund — Claim for damages — Plaintiff sustaining serious injuries in motor vehicle collision — Defendant accepting 100% liability for proven damages — Court awarding damages for future loss of income and past medical expenses — Plaintiff's ongoing medical needs and diminished earning capacity established through expert testimony — Future medical costs to be covered by defendant as per Road Accident Fund Act.
Restraint of trade — Enforcement of restraint — Applicant sought to enforce a restraint of trade and confidentiality undertakings against the first respondent following his resignation and employment with a competitor — First respondent contended that the applicant's proprietary interests had dissipated and that enforcement was punitive and contrary to public policy — Court found that the applicant's protectable interests in customer connections and confidential information had diminished due to the termination of a distribution agreement, and enforcement beyond a specified date would impose undue restrictions on the respondent's right to work — Application to enforce the restraint until 26 January 2027 dismissed; restraint limited to 1 July 2026, with confidentiality obligations remaining in effect.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of residential occupiers — Trustees of insolvent estate seeking eviction of first respondent and all persons occupying under him — First respondent contending that Extension of Security of Tenure Act 62 of 1997 (ESTA) applies — Court finding that ESTA does not apply as the property is used for commercial purposes and the trustees have standing to apply for eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) — Eviction ordered with specific compliance timelines and conditions for the second respondent to report on emergency housing assistance options.