Judgments

The Western Cape High Court heard an appeal against a sentence imposed on Daniel Bruiners after his conviction for premeditated murder committed with common purpose. The court considered the appellant’s personal circumstances, time in custody and the minimum sentence provisions, and dismissed the appeal. The sentence of life imprisonment was confirmed.

The High Court dismissed an application for leave to appeal against an earlier judgment that had refused rescission of summary judgment. The judgment discusses the applicants' grounds based on wilful default, the Consumer Protection Act, an interconnected counterclaim, and the section 17 test for leave to appeal.

The judgment concerns an application about liability for Bonfrut (Pty) Ltd’s debts, the admission of evidence from a section 417 enquiry, and an application to strike out parts of affidavits. The court admitted the enquiry evidence, struck out specified paragraphs from the founding affidavit, declared Mr Alwyn Uys liable for Bonfrut’s debts, and dismissed Claim B.

The High Court considered an application for leave to appeal arising from an earlier interim interdict over a trust bank account. It found that the leave to appeal application had been delivered and lodged, but dismissed the application because the underlying order was not appealable on the Zweni test.

The Constitutional Court dealt with urgent applications concerning a recusal ruling by the chairperson of a judicial commission of inquiry. It granted leave to appeal directly, partially upheld the appeal, set aside the High Court order and replaced it with an order dismissing the point in limine on section 47(1) of the Superior Courts Act and dismissing the review of the recusal ruling. The seventh respondent’s condonation application for late filing of an explanatory affidavit was refused with costs.

The judgment records that the accused pleaded guilty to eleven counts, including multiple rape charges, robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition. It says the court considered the offence, society’s interests and the accused’s personal circumstances before sentencing him to life imprisonment on the rape counts, with other prison terms on the remaining counts. The order also says all sentences are to run concurrently and that he was declared unfit to possess a firearm or a muzzle-loading firearm.

The judgment concerns a dispute between an applicant and the City of Johannesburg Metropolitan Municipality about water billing on an account linked to a property that was transferred in March 2023. The court refused the main billing relief sought, but ordered the City to procure a decision on the applicant’s lodged appeal and to provide reasons, records and an adjusted statement of account.

The Western Cape High Court dealt with a dispute about an auction mandate and conditions of sale for immovable property in Atlantis Industrial, Cape Town. The court granted the applicant specific performance, dismissed the respondents’ stay application, and ordered transfer steps to be taken if the respondents did not act within 14 days. The judgment also records that the third respondent had countersigned the conditions of sale on behalf of the first and second respondents.

The High Court considered an application for leave to appeal in a matter about a liquidation judgment involving MIC Khulisani Ventures and Livestock Wealth. It discussed the acceleration notice, reporting obligations in the loan agreement, and whether the dispute was genuine and sufficiently particularised. Leave to appeal was refused and the costs order was made against the applicant.

The judgment concerns an urgent application in the Gauteng Division, Johannesburg, and the court’s earlier decision to strike it from the urgent roll. The court also considered an affidavit filed by Mr S Malatji in response to a direction to show cause why he should not pay the costs personally.

The Western Cape High Court dealt with an application by the City of Cape Town under section 4 of the PIE Act for the eviction of respondents from a property in Lavender Hill. The judgment also considered interdictory relief and made orders about vacant possession, removal of possessions and structures, and costs. The court gave different treatment to the main dwelling and the separate dwelling, subject to the terms stated in the order.

The High Court dealt with an exception to BMW Financial Services’ particulars of claim in a matter about an instalment sale agreement and suretyship. The exception was dismissed, and the court also made a costs order on scale B.

The judgment concerns a delictual claim for damages arising from a motor vehicle collision on 12 November 2022. The Court granted default judgment, found the defendant 100% liable for the plaintiff’s agreed and proven damages, and made orders on general damages, future medical expenses, and loss of earnings. The matter also records that evidence was admitted by affidavit under Rule 38(2).

The High Court dealt with an urgent application about searches and seizures carried out by the South African Police Service in July and August 2026 under three warrants. It found the warrants unlawful and invalid, and declared the searches and seizures unlawful. The court also ordered the return of the seized items and related copies or mirror images.

The High Court granted Nedbank judgment for R1 312 061.63 and declared the respondent’s primary residence specially executable. The court fixed a reserve price of R153 600 and refused an order allowing a sale without reserve. It also directed that updated municipal and body corporate figures be obtained and disclosed before the sale.

The judgment concerns an appeal under section 65(6)(a) of the Customs and Excise Act about whether a trade discount should form part of the customs value of imported goods. The court records that the primary basis for customs value is the transaction value, being the price actually paid or payable, and sets aside SARS's value determination dated 15 January 2018. It also records that vouchers of correction may be submitted within 90 days of the order.