Labour Law — Unfair discrimination — Urgent application for interim relief — Applicant seeking to prevent employer from requiring medical testing and workplace actions that aggravate his medical condition — Court assessing urgency based on applicant's mental health and ongoing disputes with employer — Urgency established due to potential harm to applicant's health and inability to obtain substantial redress in due course.
Wills — Validity of will — Application for declaration of document as deceased's last will — Applicant seeking order under section 2(3) of the Wills Act — Opposition based on alleged failure to include heir — Court finding that document intended as will and complies with formalities — Application granted and costs awarded to applicant.
Administrative Law — Judicial Review — Leave to appeal — Applicant seeking leave to appeal against order compelling production of record in review proceedings — Court finding that appeal no longer presents a live issue as record has been produced — Distinction drawn between current matter and Constitutional Court decision in Famous Idea — Leave to appeal dismissed with costs.
Appeal — Reinstatement of lapsed appeal — Applicant seeking reinstatement of appeal against dismissal of unlawful arrest and detention claim — Appeal lapsed due to non-compliance with Uniform Rules — Court considering whether good cause shown for reinstatement — Factors include degree of non-compliance, explanation, prospects of success, and importance of case — Application for reinstatement dismissed due to insufficient justification for delay and lack of evidence supporting claims.
Judicial Conduct — Complaint against Judge — Appeal against dismissal of complaint regarding alleged unfair trial and judicial discretion — Complainant asserting lack of interpreter and failure to consider evidence — High Court finding that complaint related to merits of judgment and did not constitute judicial misconduct — Appeal dismissed as lacking substantive grounds.
Immigration Law — Asylum application — Urgency — Applicant, an Ethiopian national, applied for an asylum permit which was denied on grounds of being an economic migrant rather than a bona fide asylum seeker — Application struck from the roll for lack of urgency as the applicant's situation was self-created and unrelated to the asylum application — Court finding no grounds for urgent intervention.
Extradition — Interim relief — Urgent application for suspension of Minister's decision to surrender applicant to Bulgaria — Applicant contending that Minister failed to consider representations prior to decision — Court finding prima facie case established for interim relief pending review — Urgency of application justified due to timing of Minister's decision and applicant's awareness of it — No prejudice caused by procedural irregularities in notice of motion.
Leave to appeal — Application for leave to appeal against judgment of High Court — Applicant failing to demonstrate reasonable grounds for appeal — Court finding that the threshold for leave to appeal not met — Application dismissed with each party bearing their own costs.
Judicial Conduct — Complaint against Judge — Appeal against dismissal of complaint by Judicial Conduct Committee — Complainant alleging bias and unfairness in judicial proceedings — Complaint dismissed as relating solely to merits of judgment — Appeal confirmed and dismissed due to lack of substance and frivolous nature of allegations.
Marriage — Validity — Applicant seeking declaration of nullity of marriage between deceased and third respondent — Applicant claiming prior marriage to deceased — Dispute of fact regarding existence of prior marriage — Court finding insufficient evidence to establish applicant's marriage — Application dismissed due to factual dispute and lack of admissible evidence.
Delict — Road Accident Fund — Claim for loss of earning capacity — Plaintiff injured in motor vehicle accident — Court finding injuries not serious enough to affect earning capacity — Expert evidence deemed unreliable and not grounded in established facts — Claim for loss of earning capacity dismissed.
Criminal Procedure — Appeal — Right to a fair trial — Appellant appealing convictions and sentences for housebreaking, attempted murder, and sexual assault — Court finding that the charge sheet did not allege common purpose and that the appellant was not informed of the sentencing provisions — Court holding that these failures constituted a violation of the appellant's right to a fair trial under section 35(3)(a) of the Constitution — Convictions and sentences set aside.