South Africa Case Law

Thuketana v Transunion Credit Bureau (Pty) Ltd (NCT/326495/2024/141(1)(b))

Thuketana v Transunion Credit Bureau (Pty) Ltd (NCT/326495/2024/141(1)(b)) [2024] ZANCT 72 (3 December 2024)

Court

National Consumer Tribunal

Case number

NCT/326495/2024/141(1)(b)

Judges

Z Ntuli, C Sassman, CJ Ntsoane

The Tribunal found that the obligation to notify the applicant before listing the SARS judgment rests with SARS as the source of information, not with the respondent credit bureau. The respondent provided credible evidence supporting the listing, namely the SARS judgment, and took reasonable steps to verify the accuracy of the information. The 62-cent discrepancy in the listed amount was deemed trivial and did not materially misrepresent the applicant's credit status. The Tribunal applied the de minimis non curat lex principle, holding that such a minor discrepancy does not warrant judicial i…

Source excerpt

• Credit Bureau Listing
• Accuracy Of Consumer Credit Information
• Notification Requirements
• De Minimis Non Curat Lex
• Jurisdiction Of Tribunal

Rahim v S (C875/2021)

Rahim v S (C875/2021) [2024] ZAKZPHC 64 (14 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

C875/2021

Judges

Voormolen, Z Ploos van Amstel

The High Court set aside an assault GBH conviction, finding no proof of intent and holding the grocery-packet incident was too trivial to sustain a conviction.

• Assault With Intent To Do Grievous Bodily Harm
• De Minimis Non Curat Lex
• Mens Rea
• Common Assault
• Assault-with-intent-to-do-grievous-bodily-harm
• De-minimis-non-curat-lex

Macakati v Larry and Others (6776/2016)

Macakati v Larry and Others (6776/2016) [2016] ZAWCHC 73 (15 June 2016)

Court

Western Cape High Court, Cape Town

Case number

6776/2016

Judge

Rogers

The High Court dismissed an urgent application for specific performance after finding the seller had validly cancelled the deed of sale for late payment.

• Specific Performance
• Lex Commissoria
• Contract Cancellation
• De Minimis Non Curat Lex
• Specific-performance
• Contract-cancellation

Van Staden v Cilliers (21/08)

Van Staden v Cilliers (21/08) [2009] ZAGPPHC 357 (11 December 2009)

Court

North Gauteng High Court, Pretoria

Case number

21/08

Judges

Victor, Sapire

The High Court upheld an appeal in a minor assault dispute, finding the respondent started the physical confrontation and that any force used was minimal.

• Assault
• Damages
• De Minimis Non Curat Lex
• Self Defence
• Self-defence
• De-minimis-non-curat-lex

Van Zyl v Marx (CA&R 109/2007)

Van Zyl v Marx (CA&R 109/2007) [2009] ZANCHC 62 (26 June 2009)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 109/2007

Judges

Majiedt R, Williams R

High Court appeal in a delict matter dismissed. The court held that a brief office ejection after crude language was trivial, and the second claim failed on fair comment.

• Iniuria
• Defamation
• De Minimis Non Curat Lex
• Fair Comment
• Quantum Of Damages
• Fair-comment

S v Kapapa (959/2005)

S v Kapapa (959/2005) [2005] ZAFSHC 104 (15 September 2005)

Court

Free State High Court, Bloemfontein

Case number

959/2005

Judges

C.H.G. Van der Merwe, G.A. Hattingh

The court found that the assault was a minor offence committed under significant emotional distress. The accused had attempted suicide and was not assisted by the complainant, which led to the incident. The lack of injury and the context of the offence outweighed the accused's previous convictions. The sentence of 12 months imprisonment was deemed inappropriate and disproportionate. The court held that compassion and mercy should be extended to the accused, and replaced the custodial sentence with a caution and discharge.

Source excerpt

• Common Assault
• Sentencing Principles
• Mitigating Circumstances
• De Minimis Non Curat Lex