Author: Kennedy Mudzuli

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’…

EMPLOYERS cannot prescribe how often and when a female emoloyee should get pregnant. However, in the case of Nikita Twitchen from the UK, the opposite happened. Twitchen has been granted about R630 000 payout after she was fired her for falling pregnant again while on maternity leave. The 27-year-old woman was preparing to return to her job after having a baby when she discovered that she was pregnant again. Her manager at First Grade Projects dismissed her from work before she returned. He was unhappy that she had to go on another 36-week maternity leave. However, Twitchen took the matter…

Occupants of a family home are protected from a possible eviction, the Gauteng High Court, Johannesburg has ruled. The matter at hand involved the Dhlamini property in Soweto, which the court has now recognised as a family home, thus preventing any possible eviction. Lawyers for Human Rights represented the Dhlamini family in court. After a protracted battle, the court granted a landmark order recognising its client’s property as a family home. This decision provides critical protection to the Dhlamini family, preventing their eviction and affirming their right to remain on a property they have considered home for generations, Louise du…

The Limpopo High Court, sitting in Polokwane, also overturned the late soldier’s civil marriage to his second South African wife in the application. The court had been asked to decide whether a then 17-year-old who married the soldier in 1970 in terms of customary law in Zimbabwe is deemed to be legally married to him in South Africa. The husband moved to South Africa in the 1980s and left his wife behind in Zimbabwe. He married another woman here, in terms of civil law. The first wife, who is now in her 70s, asked the court to declare her the…