Most Recent Judgments

Civil procedure – final interdict which is mandatory in nature – requirements – doctrine of separation of powers – propriety of the court granting relief sought when the Minister of Home Affairs and Immigration has not been presented with an application and has not made a decision on the application in question – Costs – the Biowatch principle applied.

Criminal Procedure – Sentence – Murder - Assault with intent to do grievous bodily harm; common assault, read with the Combating of Domestic Violence Act 4 of 2003 – Escape from lawful custody – Objectives of sentencing – Personal circumstances – First offender – Proclaimed remorse by tendering a guilty plea – Accused testified in mitigation – Remorse by tendering a guilty plea found not genuine – Alleged drunkenness as a mitigating factor for purposes of sentencing – Interests of society – Crimes committed within a domestic setting call for deterrent sentences – Principle of individualisation when punishment is meted out – Accused murdered his 10 month old son – Taking a life of an innoc

Written acknowledgements of debt – Preceded by written agreement between parties – Subsequent acknowledgements of debt constitute a new obligation – Plaintiff’s claim succeeds on that basis.

Administrative Law – Review - Legislation – Correctional Services Act, Act, No.