Criminal Law — Rape — Conviction of accused for rape of a minor — Accused allegedly committing sexual penetration of a 12-year-old girl without consent — Evidence from multiple witnesses, including the victim's relatives, corroborating the victim's account — Court finding the accused guilty based on overwhelming evidence and lack of credible defense — Life imprisonment imposed as a minimum sentence due to the age of the victim.
Business Rescue — Reconsideration of leave to appeal — Application for reconsideration under s 17(2)(f) of the Superior Courts Act — Applicants challenging authority of IDC to initiate business rescue proceedings — Court finding no exceptional circumstances or grave injustice established — Jurisdictional threshold for reconsideration not met — Matter struck from roll with costs awarded to IDC.
Personal Injury — Loss of earning capacity — Plaintiff injured in motor vehicle accident — Court assessing actuarial calculations for loss of earnings — Court retaining discretion to award just compensation — No automatic deduction for contingencies — Plaintiff awarded R3 884 100 for loss of earning capacity without further deductions.
Delict — Negligence — Liability for injuries caused by a dislodged gate — Plaintiff's minor child injured when gate toppled over — Court finding defendant liable for failing to ensure gate was safe and properly maintained — Damages to be determined in due course.
Eviction — Urgent application for eviction — Applicants seeking eviction of unlawful occupiers from state-owned property due to unsafe conditions — Respondents contesting urgency, authority, and existence of material disputes of fact — Court finding urgency established due to ongoing safety risks — Authority of applicants upheld — Material disputes of fact not preventing determination of eviction — Respondents' rights of occupation lawfully terminated due to unsafe conditions of the premises — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 applicable — Court concluding eviction just and equitable given substantial risks to life and safety.
Delict — Medical negligence — Quantum of damages — Plaintiff awarded damages for injuries sustained by minor child during birth — Defendant previously held liable for 100% of damages — Issues of life expectancy, general damages, and caregiver costs determined — Court finding that future caregiver costs should not be reduced based on availability of state-provided services, as the plaintiff's claim for caregiver costs was substantiated and necessary for the child's care.
Personal Injury — General Damages — Plaintiff injured in motor vehicle accident — Defendant conceding 100% liability — Court adjudicating only on general damages after separation of past medical expenses — Plaintiff awarded R1 100 000 for general damages due to serious injuries including traumatic brain injury and permanent disfigurement — Interest awarded from 180 days post-judgment.
Search and seizure — Issuance of search warrant — Applicant challenging validity of search warrant issued for premises allegedly used for illegal gambling — Court finding that affidavit supporting warrant lacked sufficient factual basis to establish reasonable suspicion — Acting magistrate failing to apply mind to material presented — Warrant set aside due to insufficient justification.
Lease Agreements — Early termination — Summary judgment — Plaintiff claims compensation for early termination of leases; defendant raises special plea for arbitration — Court finds dispute existed at action's institution, but required governance approval for binding obligation to pay was never obtained — Email confirmation deemed provisional and not enforceable — Summary judgment refused, defendant granted leave to defend.
Condonation — Application for leave to appeal — Plaintiff seeking condonation for late filing of notice of appeal — Delay attributed to failure of correspondent attorney to receive judgment — Court finding reasonable explanation for delay and prospects of success on appeal — Condonation granted in the interests of justice.
Criminal Law — Sentence — Appellate interference — Appellant convicted under Trespass Act for continued occupation of premises despite valid eviction order — Court affirming that criminal court cannot revisit civil eviction proceedings — Sentence of fine suspended for five years deemed appropriate considering personal circumstances and constitutional context — Appeal against sentence dismissed.
Insolvency Law — Liquidation — Claims against bank for repayment of funds — Plaintiffs, liquidators of Nat Industries, seeking to amend particulars of claim against Grindrod Bank for repayment of funds paid under fraudulent circumstances — Court finding that proposed amendments did not cure deficiencies identified in prior judgment — Claim for R8.2 million dismissed as no disposition of property established, while claim for R381,000 allowed due to new allegations of intention to prefer Grindrod over other creditors.