South Africa Case Law

B.T v S (A 118/2024)

B.T v S (A 118/2024) [2024] ZAWCHC 223 (31 July 2024)

Court

Western Cape High Court, Cape Town

Case number

A 118/2024

Judge

Andrews, AJ

The court found that the appellant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. The magistrate's refusal of bail was based on multiple factors: the risk to the complainant's safety, likelihood of intimidation, history of domestic violence, and manipulative conduct by the appellant. The court held that the new facts presented—mental health deterioration and employment loss—were either not sufficiently exceptional or were available at the time of the initial bail application and thus not truly new. The psychologist's repor…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Domestic Violence
• Presumption Of Innocence
• Mental Health In Custody
• Protection Orders

L.L v M.C.L (038505/2023)

L.L v M.C.L (038505/2023) [2023] ZAGPJHC 1090 (28 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

038505/2023

Judge

Yacoob

The High Court dismissed an application to declare a spouse a vexatious litigant, finding insufficient proof that the challenged proceedings were without merit.

• Vexatious Litigation
• Divorce Proceedings
• Maintenance Applications
• Protection Orders
• Vexatious-litigation
• Divorce-proceedings

Omar v Amod (7087/2020)

Omar v Amod (7087/2020) [2021] ZAGPJHC 610 (6 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

7087/2020

Judge

K E Matojane

The court found that the respondent had persistently instituted legal proceedings against the applicant and her family without reasonable grounds, amounting to harassment and abuse of process. The respondent's actions were not motivated by legitimate legal claims but rather by an improper purpose, namely to pressure the applicant into conceding primary care of the minor child and to inflict financial and psychological harm. The respondent's self-representation enabled him to pursue multifarious applications at little personal cost, while the applicant was forced to expend significant resource…

Source excerpt

• Vexatious Litigation
• Protection Orders
• Child Care And Contact
• Abuse Of Process