Practice — Urgent applications — Self-created urgency — Applicants seeking urgent relief for hunting permits after lease repudiation — Court finding that delay in application and lack of substantial redress demonstrated urgency was self-created — Application struck from the roll for want of urgency.
Appeal — Leave to appeal — Application for leave to appeal against judgment and order — Court finding no reasonable prospect of success on appeal — Compelling reasons for appeal not established — Application for leave to appeal dismissed without costs order due to respondent's pro bono representation.
Asylum Seekers — Urgent Application — Applicants seeking urgent relief to prevent arrest and deportation pending asylum applications — Court finding application not urgent due to self-created urgency and lack of reasonable steps taken — Application struck from the roll with costs awarded to the Respondents.
Appeal — Leave to appeal — Summary judgment — Applicant seeking leave to appeal against summary judgment granted in favour of Standard Bank — Court finding no reasonable prospects of success in appeal — Applicant having consented to the order and participated in proceedings to settle judgment debt — Application for leave to appeal dismissed with costs.
Review — Condonation — Application for condonation for late filing of review application — Applicant's review application delivered two weeks late — Explanation for delay found inadequate — Prospects of success on review deemed poor — Condonation refused due to lack of good cause and failure to establish reasonable prospects of success.
Family Law — Child Custody — Primary care of minor children — Applicant seeking return to matrimonial home with children after interim order granted for primary care — Respondent opposing based on financial dependency and historical caregiving role — Court considering best interests of children and previous protection orders — Order made for applicant to retain primary care, with respondent allowed to file opposing papers.
Delict — Unlawful arrest and detention — Appellant claiming damages for unlawful arrest and detention following two arrests by police — High Court dismissing claims on grounds of lawful arrest under s 40(1)(b) of the CPA — Appeal upheld, finding that the High Court erred in its application of the law and reliance on unpleaded statutory provisions — Damages awarded for unlawful detention from 6 to 13 April 2021.
Defamation — Unlawful publication — Applicants seeking final interdict against respondents for defamatory statements made on social media — Court finding that statements imputed dishonesty and cowardice to applicants — Respondents ordered to remove publications and issue public apology — Defamation established as statements were found to be false and damaging to applicants' reputations.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of rape and sentenced to life imprisonment — Appellant contending that the complainant's evidence was inconsistent and lacked credibility — Court finding that discrepancies did not undermine the overall credibility of the complainant's testimony — Evidence of violence and use of a knife corroborating the complainant's account — Appeal dismissed, conviction upheld.
Damages — Unlawful assault and torture by police — Plaintiffs arrested and detained by SAPS members, alleging severe physical abuse and emotional trauma during custody — Defendants denied responsibility, but failure to provide coherent account justified adverse inference against them — Plaintiffs awarded R600,000.00 each for bodily injuries, pain, suffering, and emotional distress resulting from the unlawful conduct of police officers.
Contract — Breach of employment contract — Damages — Employer claiming damages from employee for breach of contract involving fraud and corruption — Employee allegedly facilitating accreditation of non-compliant service providers in exchange for bribes — Court finding that the employer has locus standi to sue and that the employee's actions constituted a breach of contract — Damages awarded as claimed.
Company Law — Name registration — Confusing similarity — Application by Investec Bank Limited for a determination that the name TST Investec (Pty) Ltd does not satisfy the requirements of the Companies Act 71 of 2008 — Applicant contending that the name is confusingly similar to its registered trade marks — First Respondent failing to respond or change its name despite prior undertaking — Tribunal finding that the name is likely to mislead the public into believing an association exists — Default order granted for the First Respondent to change its name.