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South Africa Case Law

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Civil Procedure [2014] ZAWCHC 194

Hanekom v Voigt N.O and Others (15493/2014)

Hanekom v Voigt N.O and Others (15493/2014) [2014] ZAWCHC 194 (10 December 2014)

The court found that the new trust instrument was accepted by the Master, who issued letters of authority appointing the applicant and respondents as trustees. The applicant did not seek to review or set aside the Master’s administrative act, and the Oudekraal principle dictates that such acts remain valid until set aside. Declaratory relief was refused as it would yield no practical benefit to the applicant; if granted, it would leave the trust without trustees, as the sole trustee under the old instrument is deceased. The respondents, by majority, may proceed with the sale of Die Opstal. Th…

  • Trust Amendment
  • Declaratory Relief
  • Trustee Removal
  • Administrative Act Review
  • Sale Of Trust Property
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Labour Law [2004] ZALC 45

Robinson v Eskom Holdings (JR 371/02)

Robinson v Eskom Holdings (JR 371/02) [2004] ZALC 45; [2004] 9 BLLR 962 (LC) (4 June 2004)

The court held that the commissioner acted ultra vires by reviewing the validity of the certificate of outcome, as he had no jurisdiction to do so. The certificate of outcome is a jurisdiction-conferring instrument under the Labour Relations Act and its validity cannot be reviewed by another commissioner except in cases of fraud. The commissioner failed to apply his mind to the law and facts regarding the evidentiary status of the certificate. Consequently, the ruling upholding the point in limine and refusing condonation was set aside.

  • Condonation Of Late Referral
  • Jurisdiction Of Commissioner
  • Administrative Act Review
  • Certificate Of Outcome
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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.