Author: Kennedy Mudzuli

The High Court of South Africa’s Mpumalanga Division has granted a mother the permission to permanently relocate her minor daughter to Mauritius. This ruling comes following a contentious custody dispute with the child’s father, who opposed the move, citing a lack of prior consultation. The case revolves around the upbringing of the minor child, who was born on 5 April 2012 from a relationship between the applicant and the respondent. The couple’s relationship deteriorated shortly after the birth, leading to a complex custody arrangement. In 2015, they entered into a parenting plan awarding primary care and residence to the mother,…

The Bloemfontein High Court has upheld the life sentence of Tshokolo David Lesetla, affirming the conviction for the dreadful rape of a seven-year-old girl. This landmark decision, handed down on 14 November 2024, serves as a powerful reminder of the justice system’s dedication to protecting vulnerable witnesses, particularly children, in the face of horrific crimes. This harrowing case dates back to an April evening in 2010, when the young victim was sent on a simple errand to buy a soft drink—a mundane routine that would lead her into the clutches of Lesetla. Instead of a harmless trip, she was lured…

The Gauteng High Court, Pretoria has dismissed a claim against the MEC for Education and officials from Medicos Special School, following allegations of negligence regarding the safety and care of a student with cerebral palsy and significant intellectual impairment. The case centred around a tragic incident occurring on 26 August 2016, when the learner suffered head injuries while at the special needs institution in Soshanguve, Pretoria. His mother claimed the school’s administration and staff, including the Principal and Deputy Principal, had breached their duty of care, resulting in her son’s injury. Judge GN Moshoana, who authored the judgment, pointed out…

The Labour Appeal Court, sitting in Cape Town, has overturned a previous decision that set aside an arbitration award related to job grading disputes involving employees of the Overberg District Municipality. This landmark judgement, delivered on November 15, 2024, underlines the importance of fair labour practices within municipal employment structures. The case, initiated by the Independent Municipal and Allied Trade Union (IMATU) on behalf of employees, challenged the actions of the Overberg District Municipality and the South African Local Government Bargaining Council (SALGBC). At the heart of the appeal was the assertion that the municipality had committed an unfair labour…

A South African court has ruled in favour of a motorist who suffered significant injuries in a collision that took place on 30 June 2018. The ruling, by the Limpopo High Court, Polokwane, saw the plaintiff awarded R1,720,802.33 in damages after a lengthy legal battle against the Road Accident Fund (RAF), marking a crucial victory for victims of road accidents seeking justice and financial redress. The case stems from an accident where the plaintiff, driving a white Polo Vivo, collided with a minibus operated by the insured driver, Makgathi Sathekge. The incident stirred a legal dispute over who bore responsibility…

In a surprising turn of events, a motorist’s attempt to claim damages from the Road Accident Fund (RAF) following a collision in 2017 landed him in hot water, with the Limpopo High Court ruling that he is solely responsible for the accident. The decision underscores the complexities surrounding road traffic claims and the importance of establishing negligence. The case revolved around an incident that occurred on 29 July 2017, when the applicant, who was driving his Nissan NP200 from Makhumele village to Malamulele, found himself involved in a dramatic collision. The plaintiff testified that while driving behind another vehicle, the…

An execution order against the primary residence of the debtor should be the last resort, and only when all other avenues to satisfy the arrears have been meaningfully exhausted. In the matter before the Western Cape High Court, Standard Bank had applied for default judgment and an order to declare an property in Cape Town executable, subject to a reserve price, and to authorise the Registrar of the High Court to issue a Writ in Execution against the immovable property. But crucially, the arrears were hardly three months old. The mortgage bond was registered in favour of Standard Bank on…

In a troubling twist of marital discord, a Western Cape High Court judge recently dismissed a case brought by Belinda Charmaine Boshoff, a 60-year-old woman who accused her 90-year-old husband, Leslie Louis Boshoff, of conniving her into signing a prenuptial contract. The couple, who have known each other since childhood, are now facing a challenging divorce, and the judge’s decision emphasises the complexities entwined in their relationship. The judge’s ruling came after acknowledging the “materiality of the factual disputes” that were too intricate to resolve without a full hearing. “I make no finding regarding the merits of any of the parties’…