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Citation
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Judgment date
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| November 2001 |
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Unattested draft will cannot determine executor choice; court may appoint neutral trust corporation under s.42 for proper estate administration.
Wills — unattested draft not a will; Administration of estates — s.42 Wills and Inheritance Act — court may appoint administrator other than ordinarily entitled person; appointment of trust corporation where parties mistrustful; costs — each party pays own costs
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12 November 2001 |
| October 2001 |
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Stay granted pending appeal after High Court misapplied American Cyanamid principles and considered irrelevant factors.
Interlocutory injunctions – American Cyanamid principles – good arguable case, serious question, balance of convenience – stay of execution pending appeal – prohibition on deciding contentious issues on affidavits – irrelevant considerations (judiciary/legislature conflict) – irreparable harm – costs in the cause.
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31 October 2001 |
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A stay was granted pending appeal after the High Court misapplied Cyanamid principles and failed to exercise proper discretion.
Civil procedure – Stay of execution pending appeal – Interlocutory injunction – American Cyanamid principles – Balance of convenience vs 'balance of justice' – Court must not decide claims on affidavits – Improper consideration of irrelevant factors – Failure to exercise judicial discretion
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30 October 2001 |
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Whether retracted confessions and circumstantial evidence could sustain convictions and whether a confession can be used against co-accused without adoption.
Criminal law – s.176 CP&EC – retracted confessions admissible but only weightable if tribunal satisfied beyond reasonable doubt of material truth; need for external pointers/corroboration; confessions against co-accused inadmissible unless adopted by that co-accused; sufficiency of circumstantial evidence and duty of judge to direct jury
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17 October 2001 |
| September 2001 |
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An in‑court agreement based on alleged witchcraft and to stay sentence is illegal and unenforceable; committal and restitution ordered.
Witchcraft Act s6 and s9 – representation as a wizard/witch and use of charms – illegality of contracts founded on witchcraft; Public policy – agreements to discontinue criminal proceedings or stay execution of sentence in court proceedings – Magistrate functus officio and lack of power to stay execution; Restitution under Criminal Procedure and Evidence Code s148(1); Seizure and sale of assets to satisfy restitution
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23 September 2001 |
| August 2001 |
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Special damages require strict proof on the balance of probabilities; credible oral evidence may suffice; business-loss must be supported by contemporaneous evidence.
Damages — Special damages must be specifically pleaded and proved strictly (on balance of probabilities); absence of receipts not fatal if oral evidence credible; General damages — loss of business must be supported by contemporaneous evidence; Appeal — fresh evidence on appeal limited; operational cost projections admissible if supported and unchallenged
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22 August 2001 |
| July 2001 |
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Appeal dismissed: appointment complied with customary law and Chiefs Act; appellants’ delay and acquiescence precluded relief.
Chieftaincy succession — Chiefs Act s4(2) entitlement and majority support — customary nomination procedures (women and nkhoswe) — delay/acquiescence — removal inquiries under s11(2)/s12 — judicial reluctance to disturb long-accepted installations
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10 July 2001 |
| June 2001 |
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Quorum absence invalidated expulsion; administrative tribunal may re-hear after procedural-review quashing; "unless" limb set aside.
Administrative law – judicial review – procedural irregularity for lack of quorum – quorum requirement under university rules – doctrine of necessity inapplicable where no quorum at outset – power to re-hear after quashing – contempt and compliance with reinstatement orders
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3 June 2001 |