Category: Cause: delict

Experts joint minutes: Agreeing facts and opinions

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

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Claiming defamatory process: Proper factual basis

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Wrongfulness and legal duty: Prevention of harm

BE obo JE v MEC for Social Development, Western Cape Wrongfulness and legal duty considered and Constitutional Court held that it is trite that liability for negligence in delict in the first instance depends on the existence of...

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Publishing defamatory statements: Interdict refused

Goberdan v Sitshetshe (NDPP) Publishing defamatory statements sought to be interdicted by some prosecutors in the National Prosecting Authority (NPA) but high court refused to grant the interdict because in making a value...

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Adjudication statutory appeal: Claim outside jurisdiction

Prag NO v Trustees: Mitchell’s Plain Industrial Enterprises STSBC Adjudication statutory appeal considered by high court and confirmed that the ‘object of the CSOS Act is to provide a mechanism for the informal,...

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Malicious disciplinary proceedings: Claim for damages?

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Collective misconduct reconsidered: Intended harm proved

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Interdicting political party: Rule nisi confirmed

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Damages claim considered: Res judicata applies?

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