Latest news with #GautengHighCourt
IOL News
a day ago
- Business
- IOL News
City of Joburg must reassess Sandton City's R10bn market value, rules High Court
The Gauteng High Court, Johannesburg, has ruled that the City of Joburg must redetermine the value of the Sandton City shopping mall. Image: File The City of Joburg must conduct a new valuation of Sandton City following the Gauteng High Court in Johannesburg which set aside its determination of the country's fourth biggest shopping mall's more than R10.1 billion market value. Sandton City, which is owned by the Liberty Group and property investment company Pareto Limited, successfully challenged the municipality's valuation of the five plots of land of the nearly 137,000-square metre Sandton City, which includes a shopping centre, office blocks and a hotel. The owners of the mall objected to its valuation by the City of Joburg's municipal valuer Piet Eloff, who dismissed their objection and the Valuation Appeal Board also dismissed the appeal. In terms of the Municipal Property Rates Act (MPRA), the board is empowered to hear and decide appeals against the decisions of a municipal valuer concerning objections to matters reflected in, or omitted from the municipality's valuation roll in the area for which it was established. Liberty and Pareto approached the high court to review and set aside the board's February 2023 decision and have the matter adjudicated upon afresh by a differently constituted board. In their papers filed in court, the companies state that the board's determination of the market value of the property was irrational and consequently of no force and effect and that in making its determination, ignored the provisions of the MPRA. In addition, they argued that the board, in making its determination, valued the property as a group, placing a single value on the erven (plots of land) which comprised it and not on each of its individual components, thereby acting in contravention several sections of the MPRA - a contention the companies later abandoned. They also accused the board of betraying a bias adverse to the owners, thereby vitiating (invalidating) its determination. According to the municipality's former assistant municipal valuer, identified as HJP Fouche, he determined the market value of the property from an analysis of the income derived from properties comparable to it and then drawing the mean from that analysis. 'We use the provable method or the comparable method, meaning that we look at rentals that have been concluded and thus comparable to this property being valued and we use that market information to determine a rental range which we then apply to the property and obviously, this rental range was documented in the market report for the municipality,' he explained. Acting Judge Gerald Farber found that Fouche, in order to arrive at the market value of the property, used information embodied in the unregistered leases, which burdened the property. 'It is clear that the board accepted the evidence of Fouche without any proper analysis thereof … The board has fallen far short of its obligations to determine the matter so as to bring about fair administrative justice,' the acting judge stated. Acting Judge Farber upheld Liberty and Pareto's review and set aside the board's determination. The matter was remitted for hearing afresh to a differently constituted valuation appeal board of the City of Johannesburg. The costs of the review proceedings are to be paid by the first, second and third respondents (board, municipal valuer Piet Eloff and Fouche), jointly and severally, the one paying the other to be absolved, read the judgment handed down on July 4. The city has chosen to abide the judgment. [email protected]
News24
a day ago
- General
- News24
State liable for herbicide contamination that devastated Limpopo farm for eight years
The Gauteng High Court in Pretoria found the Department of Forestry, Fisheries and the Environment (formerly the Department of Environmental Affairs) liable for damages and ordered it to pay legal costs. Ashraf Hendricks/GroundUp Be among those who shape the future with knowledge. Uncover exclusive stories that captivate your mind and heart with our FREE 14-day subscription trial. Dive into a world of inspiration, learning, and empowerment. You can only trial once. Show Comments ()
IOL News
a day ago
- Health
- IOL News
Veterinary clinic liable for emotional damages after Yorkshire Terrier suffers burns
Triesie the Yorkshire Terrier who suffered a burn wound from a hot water bottle: Image: Supplied The Pierre van Ryneveld veterinary clinic in Pretoria was ordered to pay emotional damages to the owner of a Yorkshire Terrier called Triesie, who underwent a cruciate ligament repair but was badly burnt on her other leg by a hot water bottle. Riaan Nortje turned to the Gauteng High Court, Pretoria, where he demanded damages from the Pierre van Ryneveld Veterinary sued the veterinary clinic for R400 000 for emotional damages. Deputy Judge President Aubrey Ledwaba granted the claim for emotional shock but ordered that the veterinary clinic pay the proved damages. Nortje also succeeded in his claim for travelling and related costs as he visited Triesie at the clinic following her injuries. The clinic was, in this regard, ordered to pay his proven damages. His claim for R103 800 in damages, following his allegations that Triesie was bought as a show dog, and if it was not for her injuries, she would have earned this amount through shows; however, this claim was turned down. The drama started when Triesie underwent a cruciate ligament repair but was allegedly badly burnt on her other leg by a hot water bottle. A few days after he had fetched her, he noticed that she had swelling on the right-hand side of her body and that she experienced severe discomfort when touched on her right-hand side. Nortje spoke to his veterinarian about it and was told that a hot water bottle was pressed against her right-hand side during the operation, which could explain her discomfort. He said he was advised to treat the swelling with a hot and a cold cloth. He said Triesie began 'oozing pus' from the skin on her right-hand side, and it emitted an odour of rotting flesh. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. 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Next Stay Close ✕ He was given medication for her, but things did not improve, and he yet again returned her to the clinic as the wound smelled bad. He stated that when he returned her on another occasion, part of her skin had been removed from the burnt area. At this juncture, Nortje said she still needed to be assisted with feeding; she was unable to walk, nor could she defecate. According to him, the veterinarian apologised for the burning of the dog and said it was a mere accident. Nortje said that during this entire ordeal, she had lost about 25% of her body weight. Veterinarian Dr Hester Van Zyl testified that she performed the cruciate ligament repair procedure on Triesie. The hot water bottle used during the operation is prepared by a nurse who ensures that the bottle is filled with 50 percent cold and 50 percent warm water. The bottle is also covered with a blanket or towel to prevent burning patient animals, she explained. According to her, she did not observe any injury on the dog when she was discharged and said Nortje only later showed her the burns. She disputed that Triesie's right-hand side injury was caused by the hot water bottle used during her operation. The veterinarian said that given the circumstances, reasonable post-surgery management and aftercare treatment were provided to Triesie. Judge Lewaba found that given the evidence and pictures handed to court of Triesie's injuries, it is probable that when her right-hand side rested on the hot water bottle, she had sustained the burns. He acknowledged that Nortje had suffered emotionally and remarked that he had tears in his eyes when he testified that Triesie was like his child and that her pain also affected him.
The Citizen
4 days ago
- The Citizen
Man's sister laughs to the bank after suing police minister
The Minister of police sued after a man died before seeing Justice for nearly six months imprisonment on false charges. The Gauteng High Court recently awarded R800,000 in damages to the family of Thomas Mashudu Mulaudzi, who died in 2021 before seeing justice for his unlawful arrest and detention that lasted nearly six months in 2015-2016. Judge Seena Yacoob delivered the judgment on 16 July 2025, ordering the Minister of Police to pay damages with interest dating back to 2016, plus legal costs. The case was brought by Mulaudzi's sister, Patience Lutendo Mulaudzi, who serves as executrix of his deceased estate. Mulaudzi, 44, 'died in 2021, apparently from complications arising from the Covid-19 virus,' according to the judgment. He passed away five years after being found not guilty and discharged from charges related to a truck hijacking he had no involvement in. Background of the case The ordeal began on 21 December 2015 when Mulaudzi was working as a dispatch clerk at Diplomat Warehouse. He was called to his superior's office and arrested without being told what charges he faced. Police handcuffed him and took him to where his employer's hijacked truck was parked. Despite having no connection to the hijacking, Mulaudzi was denied bail because police provided the magistrate with incorrect address information. The judgment revealed that 'bail was denied because the police told the magistrate that Mr Mulaudzi had provided an incorrect address. However, he had not; the police had mixed up his address with that of the driver of the hijacked truck.' This error resulted in his detention at Modderbee Prison for nearly six months. Yacoob noted that 'the conditions in the prison were deplorable' and this was 'common cause' between both parties, supported by reports from the Judicial Inspectorate on Correctional Services. ALSO READ: Germiston woman granted bail after teen's death in hit-and-run Impact on family and life The unlawful detention had devastating consequences for Mulaudzi's family life. As a widower, he was solely responsible for three minor children. The court found that the children 'were left home alone when he was arrested' and 'he was only able to arrange for their care the following day.' The psychological impact was severe. Yacoob recorded that Mulaudzi 'testified that he would have liked to have died in prison because he was being accused of something he did not do.' The judge described how 'the effects of the arrest and detention on Mr Mulaudzi were clearly extremely traumatic and catastrophic.' The arrest damaged Mulaudzi's reputation and dignity, particularly as it occurred at his workplace. When he was eventually released, the judgment noted that 'he did not get his job back because it had already been filled.' At a subsequent CCMA hearing, his employer claimed he was involved in a hijacking. However, there was no evidence of his involvement in the hijacking. ALSO READ: NPA secures preservation order in unlawful blue lights case Previous legal findings In 2018, Judge Twala had already determined that Mulaudzi's arrest and detention were unlawful. Yacoob explained that 'my brother Twala J determined in 2018 that the arrest and detention of Mr Mulaudzi was unlawful, and that the first defendant, the Minister of Police, is 100% liable for Mr Mulaudzi's damages arising therefrom.' However, Twala dismissed claims of malicious prosecution and assault but upheld the unlawfulness of the detention. The recent judgment focused solely on determining the quantum of damages, as liability had already been established. Yacoob noted that 'the matter is now before me to determine the quantum of damages for which the minister is liable' and that ultimately 'Mulaudzi was discharged because there was no evidence against him.' Expert medical evidence Mental health experts retained by both parties agreed that Mulaudzi suffered from Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD) as a direct result of his arrest and detention. Yacoob described the effects as 'clearly extremely traumatic and catastrophic'. The judge described how Mulaudzi was transformed from being 'a gainfully employed, respectable member of his community and a caring father' into someone denied basic respect and proper legal procedures. The court emphasised the broader trauma of incarceration, noting 'the 'ordinary' consequences of being incarcerated in one of South Africa's overcrowded and under-resourced prisons, with all autonomy removed.' ALSO READ: 'David vs Goliath': Meta agrees to hand over child porn channel creator information Criticism of state conduct The judge strongly criticised the manner in which state officials handled the case, both during the original proceedings and the current damages assessment. 'They were unprepared, produced evidence erratically and called irrelevant witnesses,' the judge wrote, emphasising that this criticism applied more to the minister's officials than to legal counsel. The judge noted that 'unfortunately, the same is still applicable nearly seven years later.' Despite common cause evidence and similar submissions from both sides regarding appropriate damages, settlement proved impossible. The court found that 'the matter could not be settled simply because the Minister (or the Minister's authorised representative) declined to give the appropriate instruction.' This resulted in unnecessary legal costs and the consumption of scarce judicial resources. Yacoob observed that 'court resources, which are notoriously insufficient,' were applied to 'determine a matter that could easily have been settled.' ALSO READ: Gauteng High Court rules National Dialogue should continue Damages assessment Legal representatives for Mulaudzi's family argued for damages between R700,000 and R1 million, while the state submitted that R500,000 to R700,000 would be appropriate. The judge emphasised that quantum determination 'is not a mathematical exercise, and that it is not a simple calculation of a daily, weekly or monthly rate.' She said the assessment must consider the arrest circumstances, detention conditions, duration, and the violation of basic human rights, while balancing this against the fact that damages come from public funds. After considering all factors, Yacoob determined that 'the appropriate amount to be R800 000.' I am satisfied that a slightly higher award is justified,' Yacoob stated. Punitive costs order Beyond the damages award, Judge Yacoob imposed a punitive costs order against the state, requiring payment of the plaintiff's legal costs on an attorney and client scale. The judge acknowledged that he 'would ordinarily be wary of granting a punitive costs order against the State, as it is public funds at issue and the state has many responsibilities.' However, he justified the order by finding that the way the minister's officials behaved was deserving of a punitive costs order. The court ordered the minister of police to pay R800,000 plus interest of 10.5% from 30 August 2016, to be paid within 20 days of service. Additionally, the judge ruled that the state cover all plaintiff's legal costs, including expert witness fees and interpreter fees, with interest from the tax date to the payment date. READ NEXT: George building collapse 'was entirely preventable' – report
eNCA
5 days ago
- General
- eNCA
Children's Memorial Institute takes legal action over cut water supply
JOHANNESBURG - Earlier this week we reported that water must be restored to a building in Braamfontein in Johannesburg that houses over 20 NGOs that care for children. That was an order from the Gauteng High Court in Johannesburg following an urgent application brought by the Children's Memorial Institute. WATCH | Budget constraints impact eThekwini water supply Johannesburg Water cut supply five weeks ago. The NGOs say they have paid but it has not been handed over to the City by the government department that owns the building. Board member of the Children's Memorial Institute, Professor Ashraf Coovadia says this ordeal had a negative impact on the organization.
