Negligence — Absolution from instance — Application for absolution at close of plaintiff's case — Plaintiff alleging negligence by hospital staff leading to sexual assault while under care — Court finding no evidence of breach of legal duty or reasonable foreseeability of harm — Absolution granted with costs to be paid by plaintiff.
Insolvency Law — Liquidation — Application for liquidation of Respondent opposed on grounds of procedural irregularity — Respondent seeking postponement from the bar after proceedings commenced — Court finding no good cause for postponement as it was not made timeously and Respondent's own actions led to the situation — Application for postponement dismissed, allowing the liquidation application to proceed.
Civil Procedure — Appeal — Reinstatement of lapsed appeal — Applicant seeking reinstatement and condonation for non-compliance with Rule 49 — Court finding no compliance with procedural requirements and dismissing application — Appeal deemed lapsed due to failure to file notice of appeal and record timeously — No good cause shown for delay in prosecution of appeal.
Appeal — Leave to appeal — Application for leave to appeal dismissed — No reasonable prospect of success established — Grounds of appeal not adequately set out — Costs awarded against applicant.
Appeal — Leave to appeal — Applications for leave to appeal dismissed — Court finding no reasonable prospect of success on appeal — Costs awarded to the respondent, including costs of two counsel — Judgment delivered electronically.
Labour Law — Strike action — Interdict against anticipated strike — Applicant seeking to confirm interim order — Dispute regarding unilateral changes to disciplinary procedures — Court finding that the underlying dispute relates to the interpretation of the Drive-Cam Procedure, which is not a collective agreement — Application for interdict dismissed due to failure to demonstrate a clear right.
Judicial Review — Recusal — Application for leave to appeal against High Court ruling regarding recusal of Chairperson of Judicial Commission — Applicants, former Presidents Zuma and Mbeki, alleging bias — Court finding no reasonable apprehension of bias and dismissing recusal application — Appeal partially upheld, High Court order set aside, and application for condonation for late filing refused.
Administrative Law — Tender Review — Applicant seeking review of public construction tender award — Applicant claiming local-content point not awarded due to incomplete self-score — Court finding that the evaluation process was flawed as the applicant was substantively compliant — Award set aside and remitted for fresh consideration.
Company Law — Directors' liability — Reckless trading — Applicant seeking declaration of liability against director for debts of company in liquidation — Evidence from section 417 enquiry establishing reckless conduct and intention to defraud creditors — Court admitting evidence and declaring director liable for debts of Bonfrut (Pty) Ltd — Application to strike out parts of affidavit granted in part, with costs awarded to Applicant.
Criminal Law — Sentencing — Life imprisonment for multiple counts of rape and robbery — Accused pleaded guilty to eleven counts including rape and robbery with aggravating circumstances — Court considering the nature of the crimes, personal circumstances of the accused, and societal interests — No substantial and compelling circumstances found to justify a lesser sentence — Accused sentenced to life imprisonment for each count of rape and additional sentences for robbery and unlawful possession of firearms.
Delict — Motor vehicle accident — Passenger claim for damages — Plaintiff sustaining injuries and claiming loss of earnings — Court finding 100% liability on the defendant due to lack of evidence to the contrary — Expert evidence from industrial psychologist and actuary accepted, leading to substantial damages awarded for loss of earnings despite challenges to the reliability of the evidence.
Costs — Security for costs — Application for security for costs by defendant under rule 47(3) of the Uniform Rules of Court — Plaintiff's cessation of trading and inability to pay costs if unsuccessful — Court finding sufficient reason to believe that plaintiff will be unable to pay defendant's costs — Security ordered, with amount and manner to be determined by the Registrar.