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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 969

East Asian Consortium, B. V. v MTN Group Limited and Others (2013/44462)

East Asian Consortium, B. V. v MTN Group Limited and Others (2013/44462) [2022] ZAGPJHC 969; [2023] 1 All SA 632 (GJ); 2023 (3) SA 77 (GJ) (30 November 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2013/44462
Judge
Wepener

The court held that Iranian law applies to the delictual claim, as the alleged wrongful conduct and resulting loss occurred in Iran. The exclusive jurisdiction clause in the Iranian tender regulations binds EAC to litigate in Iran, and no strong cause was shown to avoid this contractual obligation. The foreign act of state doctrine and state immunity preclude South African courts from adjudicating the lawfulness of acts performed by the Iranian government within its territory, as the claim would require adverse findings against Iran. The court declined to exercise jurisdiction and dismissed E…

Source excerpt

  • Choice Of Law
  • State Immunity
  • Act Of State Doctrine
  • Exclusive Jurisdiction Clause
  • Unlawful Interference With Contractual Rights
  • International Tender Dispute
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Civil Procedure [2019] ZAWCHC 105

Obiang v Van Rensburg and Another (A338/2018)

Obiang v Van Rensburg and Another (A338/2018) [2019] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (20 August 2019)

Court
Western Cape High Court, Cape Town
Case number
A338/2018
Judges
R. Allie, P.A.L. Gamble, N.P. Boqwana

The court held that the order confirming attachment to found jurisdiction is final in effect and thus appealable. There was no material non-disclosure by Mr. van Rensburg in the ex parte application that would warrant setting aside the attachment order. On the evidence, Mr. van Rensburg established a prima facie case in delict against Mr. Obiang personally, based on allegations that Mr. Obiang, acting in his personal capacity and through his control of the Rapid Intervention Force, ordered and maintained Mr. van Rensburg's wrongful detention to advance private interests. The act of state doct…

Source excerpt

  • Attachment To Found Jurisdiction
  • Prima Facie Case
  • Act Of State Doctrine
  • Wrongful Detention
  • Personal Liability Of State Officials
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.