December 2022 Law Reports
16 January 2023 21:00 by Merilyn Kader
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A discussion of recent reported judgments originally published in the December 2022 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.
October  4 All South African Law Reports (pp 1 – 293); September Judgments Online
Readers should note that some reported judgments may have been overruled or overturned on appeal or have an appeal pending against them: Readers should not rely on a judgment discussed here without checking on that possibility – De RebusEditor.
ECLD: East London Circuit Local Division
GJ: Gauteng Local Division, Johannesburg
GP: Gauteng Division, Pretoria
LP: Limpopo, Polokwane
MM: Mpumalanga Division, Mbombela
WCC: Western Cape Division, Cape Town
- In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another  JOL 54182 (LP), whether the claim in the default judgment was for ‘a debt’ or a for a ‘liquidated demand’.
- In Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others  JOL 53978 (GP), urgent application for stay of execution, clear right was established that an irreparable harm will result.
- In Davids v S  4 All SA 67 (WCC) where a court building is situated does not compromise the institutional and individual independence of the court and/or the judge.
- In Segone v Minister of Home Affairs and Others  JOL 54179 (GJ) whether a purported customary marriage between the applicant and the deceased should be declared valid.
- In Hoque and Others v Minister of Home Affairs and Another  4 All SA 129 (WCC), rejection of applicant’s application for a permanent residence permit not just and equitable, decision by minister therefore set aside.
- In Gqithekhaya and Others v Amathole District Municipality  4 All SA 106 (ECLD), an employee has no legal entitlement to be remunerated and should in principle pay back the money if he was paid while participating in an unlawful strike.
- In Moos v Makgoba  JOL 54225 (GP), evidence necessary of psychological, economic, or mental harm to secure a protection order.
- In Ndlovu v Minister of Police and a related matter  JOL 53977 (MM), the Minister of Police failed to prove that the shooting of the first plaintiff was justifiable, while the second plaintiff failed to prove the requisite elements for a delictual claim for nervous or emotional shock.
- In Trustees for the Time Being of the East London Hebrew Congregation v Galperin and Others  4 All SA 224 (ECLD), continued occupation of property, despite a notice to vacate following the termination of employment.
- In Trustees for the Time Being of the Hunter Family Trust v Duin-en-See (Pty) Ltd and Others  4 All SA 260 (WCC), an order was sought declaring a company to be operating a share block scheme in terms of the Share Block Control Act, and the resultant validity of transfer of rights therein.
- In Smit v Master of the High Court, Western Cape and Others  4 All SA 146 (WCC), disqualification of applicant to inherit because of her role in the murder of her husband and the forgery of his will and other documents by her.
Note: Select the DECEMBER 2022 LAW REPORTS tag for a link to a full discussion of each of the above cases.
Apart from the cases and material dealt with above, the material under review also contained cases dealing with –
- appeal against sentence pursuant to conviction on charge of murder;
- application for sequestration of trust on ground that it had impermissibly benefited from funds originating from insolvent company;
- constitutionality of regulations made in terms of the National Health Act 61 of 2003; and
- r 6(12)(b) of the Uniform Rules of Court – affidavits or petitions filed in support of urgent applications.
Merilyn Rowena Kader LLB (Unisa) is a Legal Editor at LexisNexis in Durban.
This article was first published in De Rebus in 2022 (Dec) DR 28.