South Africa Case Law

Phillips v Allcopy Publishers (Pty) Ltd and Others (2023/114791)

Phillips v Allcopy Publishers (Pty) Ltd and Others (2023/114791) [2024] ZAGPJHC 1131 (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/114791

Judge

G S Myburgh

The court found that the existence of the remedy of a compulsory license under the Copyright Act rendered the matter exceptional, justifying a stay of proceedings. The Tribunal has the power to override the wishes of a copyright owner and grant a license if refusal is unreasonable. The applicant failed to assert or establish the absence of an adequate alternative remedy, as damages or royalties were available. The interests of educational authorities and learners, who would be affected by the relief sought, were also relevant. The court concluded that the main application should be stayed pen…

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• Copyright Infringement
• Compulsory License
• Interdict
• Adequate Alternative Remedy
• Delivery Up Of Infringing Copies

Celliers and Others v Kleinfontein Aandeleblok (Edms) BPK and Another (Leave to Appeal) (4755/2022)

Celliers and Others v Kleinfontein Aandeleblok (Edms) BPK and Another (Leave to Appeal) (4755/2022) [2024] ZAGPPHC 1103 (31 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

4755/2022

Judge

A Vorster

Leave to appeal was dismissed. The court held the notice of appeal was vague and that the applicants showed no reasonable prospects of success or compelling reason.

• Leave To Appeal
• Final Interdict
• Judicial Discretion
• Adequate Alternative Remedy
• Statutory Contravention
• Doctrine Of Legality

Vengies Gaming (Pty) Ltd v Deeps Betting Grounds (Pty) Ltd and Others (1214/2022)

Vengies Gaming (Pty) Ltd v Deeps Betting Grounds (Pty) Ltd and Others (1214/2022) [2024] ZANCHC 84 (23 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

1214/2022

Judge

Nxumalo

The court found that the applicant failed to make out a proper case for an interim interdict, as an adequate alternative remedy existed and the relief sought was final in substance. The court distinguished the facts from the Lever J judgment and Hotz and Others v University of Cape Town, noting that the latter dealt with final interdicts and not interim relief. The court held that the delay in launching proceedings and the nature of the relief sought weighed against granting leave to appeal. The applicant did not demonstrate reasonable prospects of success or compelling reasons for the appeal…

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• Interim Interdict
• Review Of Administrative Action
• Adequate Alternative Remedy
• Separation Of Powers
• Bookmaker Licensing

Ninja Protection Services & Security and Another v Private Security Regulatory Authority (2047/2024)

Ninja Protection Services & Security and Another v Private Security Regulatory Authority (2047/2024) [2024] ZAECMHC 38 (30 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2047/2024

Judge

GNZ Mjali

The High Court dismissed an urgent bid to suspend PSIRA’s registration suspension, holding the applicants had no basis for interim relief and should have used the statutory appeal process.

• Precautionary Suspension
• Interim Relief
• Adequate Alternative Remedy
• Procedural Fairness
• Costs Order
• Administrative-law

Volkar N.O and Others v Big Sky Trading 219 CC and Another (12601/23)

Volkar N.O and Others v Big Sky Trading 219 CC and Another (12601/23) [2024] ZAKZPHC 40 (24 April 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12601/23

Judge

Pietersen AJ

The court found that the failure to join creditors was fatal because the relief sought would directly and substantially affect their rights, distinguishing the present matter from authorities cited by the applicants. The court held that the alternative remedies available to the applicants, including review under section 130(1)(a)(ii) of the Companies Act and the ability to move for amendments at the section 151 meeting, were adequate. The applicants did not demonstrate that there are conflicting judgments or issues of substantial importance requiring leave to appeal. The threshold for grantin…

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• Business Rescue
• Non Joinder
• Adequate Alternative Remedy
• Companies Act Section 130
• Joinder Of Creditors

Volkar N.O and Others v Big Sky Trading 219 CC and Another (12601/23)

Volkar N.O and Others v Big Sky Trading 219 CC and Another (12601/23) [2024] ZAKZPHC 9; 2025 (3) SA 667 (KZP) (9 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12601/23

Judge

Pietersen AJ

The court found that the non-joinder of other creditors, who have a direct and substantial interest in the business rescue proceedings and the section 151 meeting, was fatal to the application. The applicants failed to join these parties, and any order postponing or staying the meeting would prejudice their statutory rights. Furthermore, the applicants had adequate alternative remedies available under the business rescue plan and the Companies Act, including the right to review the business rescue practitioner's decision and to move for amendments at the section 151 meeting. The requirements…

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• Business Rescue
• Creditor Voting Rights
• Interim Interdict
• Non Joinder
• Adequate Alternative Remedy

Van Veen v Director of Public Prosecutions, Western Cape and Others (2280/2022)

Van Veen v Director of Public Prosecutions, Western Cape and Others (2280/2022) [2023] ZAWCHC 174; 2023 (2) SACR 370 (WCC) (31 July 2023)

Court

Western Cape High Court, Cape Town

Case number

2280/2022

Judge

Binns-Ward

The court found that while the delay in prosecuting the applicant was inordinate and unreasonable, the applicant failed to provide substantiating detail of material trial-related prejudice resulting from the delay, apart from his medical condition. The medical evidence established that the applicant suffered intellectual disability due to a brain tumour, rendering him unable to participate meaningfully in his defence. However, the Criminal Procedure Act provides a specific mechanism (sections 77 and 79) for addressing accused persons' incapacity to stand trial, and the principle of subsidiari…

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• Permanent Stay Of Prosecution
• Unreasonable Delay
• Trial Related Prejudice
• Mental Incapacity
• Subsidiarity Principle
• Adequate Alternative Remedy

Engelbrecht N.O and Another v Mokitmi and Others (1424/2022)

Engelbrecht N.O and Another v Mokitmi and Others (1424/2022) [2023] ZANCHC 56 (28 July 2023)

Court

Northern Cape High Court, Kimberley

Case number

1424/2022

Judge

Nxumalo

The court found that the applicants failed to establish the absence of an adequate alternative remedy, as required for the granting of an interim interdict. The Administration of Estates Act provides for criminal sanctions against persons who unlawfully deal with estate property, and the applicants did not demonstrate that such remedies were inadequate or unavailable. The rule nisi was erroneously sought and granted based on a misrepresentation by the applicant's deponent, who incorrectly stated that no alternative remedy existed. As a result, the court rescinded the rule nisi ex mero motu an…

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• Interim Interdict
• Administration Of Estates Act
• Adequate Alternative Remedy
• Contempt Of Court
• Rescission Of Order

Madikizela v Nkosi and Another (19408/2021)

Madikizela v Nkosi and Another (19408/2021) [2023] ZAGPJHC 322 (13 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19408/2021

Judge

Strijdom

The court found that while the applicant's constitutional rights to dignity and privacy were implicated by the respondents' tweets, including defamatory statements and exposure of her personal information, she failed to establish the absence of an adequate alternative remedy. The Protection of Harassment Act 17 of 2011 provides victims of harassment, including cyberbullying, with effective remedies and protection. The applicant herself identified the Act as a possible remedy. The court concluded that the applicant did not satisfy all requirements for a final interdict, specifically the lack o…

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• Final Interdict
• Defamation
• Right To Dignity
• Right To Privacy
• Adequate Alternative Remedy
• Protection Of Harassment Act

Pandazis v Nyathi and Others (J789/09)

Pandazis v Nyathi and Others (J789/09) [2009] ZALC 147; (2010) 31 ILJ 721 (LC) (29 April 2009)

Court

Labour Court

Case number

J789/09

Judge

Francis

The Labour Court dismissed an urgent bid to set aside a writ of execution, holding that no basis was shown for final relief and the urgency was self-created.

• Writ Of Execution
• Rescission Of Award
• Urgent Interdict
• Adequate Alternative Remedy
• Arbitration Award Enforcement
• Writ-of-execution