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South Africa Case Law

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Labour Law [2019] ZALAC 33

Road Traffic Management Corporation v Tasima (Pty) Ltd (JA10/19)

Road Traffic Management Corporation v Tasima (Pty) Ltd (JA10/19) [2019] ZALAC 33; (2019) 40 ILJ 1785 (LAC) (15 March 2019)

The Labour Appeal Court held that the Labour Court could not grant consequential relief under section 18 of the Superior Courts Act pending appeal.

  • Section 197 Transfer
  • Superior Courts Act Section 18
  • Declaratory Relief
  • Ad Factum Praestandum
  • Ad Pecuniam Solvendam
  • Superior-courts-act-section-18
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Civil Procedure [2018] ZAGPPHC 899

Botha and Another v Jamanzi Live Line (Pty) Limited and Others (3453/2018)

Botha and Another v Jamanzi Live Line (Pty) Limited and Others (3453/2018) [2018] ZAGPPHC 899 (29 November 2018)

Contempt application dismissed: the court held that the money order was not enforceable by contempt, and the remaining order was too vague.

  • Contempt Of Court
  • Interpretation Of Court Orders
  • Ad Pecuniam Solvendam
  • Interim Interdict
  • Vagueness Of Orders
  • Contempt-of-court
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Civil Procedure [2016] ZAGPPHC 105

Saaiman N.O and Others v Saaiman and Others (53177/13)

Saaiman N.O and Others v Saaiman and Others (53177/13) [2016] ZAGPPHC 105 (19 February 2016)

The court found that the respondents provided a sufficient answer to the allegations of contempt, confirming payment and explaining the handling of funds under oath. The applicants failed to discharge the onus of proving contempt of court beyond reasonable doubt. The alleged short payment of interest was not raised in the founding papers and constituted a new issue in the application for leave to appeal, which the court refused to entertain. The court applied the Plascon-Evans approach, adjudicating the matter on the respondents' version, as neither party requested referral to oral evidence.…

  • Leave To Appeal
  • Contempt Of Court
  • Ad Factum Praestandum
  • Ad Pecuniam Solvendam
  • Rule 7 Uniform Rules
  • Costs Order
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Family And Children [2011] ZAFSHC 157

Rohde v Rohde and Others (4966/09)

Rohde v Rohde and Others (4966/09) [2011] ZAFSHC 157 (15 September 2011)

High Court contempt application dismissed: the settlement obligations were mostly money judgments, and the trust/trustees were not parties to the divorce proceedings.

  • Contempt Of Court
  • Enforcement Of Settlement
  • Trust Law
  • Ad Factum Praestandum
  • Ad Pecuniam Solvendam
  • Contempt-of-court
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Civil Procedure [2009] ZAECPEHC 15

Flowra Trading CC v Intozazi Trading (Pty) Ltd and Another (2227/08)

Flowra Trading CC v Intozazi Trading (Pty) Ltd and Another (2227/08) [2009] ZAECPEHC 15 (28 April 2009)

The High Court dismissed a contempt application over a prior order requiring money to be paid to attorneys in trust, finding no wilful, mala fide non-compliance.

  • Contempt Of Court
  • Ad Factum Praestandum
  • Ad Pecuniam Solvendam
  • Interpretation Of Court Orders
  • Trust Money
  • Counterclaim
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