South Africa Case Law

Manok Family Trust v Blue Horison Investment 10 (Pty) Limited and Others (220/13)

Manok Family Trust v Blue Horison Investment 10 (Pty) Limited and Others (220/13) [2014] ZASCA 92; [2014] 3 All SA 443 (SCA); 2014 (5) SA 503 (SCA) (13 June 2014)

Court

Supreme Court of Appeal

Case number

220/13

Judges

Mpati, Maya, Bosielo, Leach, Mocumie

The Supreme Court of Appeal held that the regional land claims commissioner's decision communicated on 14 June 2000, which precluded the Manok Family Trust's land claim under section 2 of the Restitution of Land Rights Act, was a final administrative act. The commissioner was functus officio and lacked statutory authority to reconsider or reverse the decision except through judicial review. The subsequent publication of the claim in the Gazette was invalid, as the Act does not empower the commissioner to reverse a final decision made under section 11(4). The court emphasized that administrati…

Source excerpt

• Restitution Of Land Rights Act
• Functus Officio
• Administrative Action Finality
• Judicial Review
• Procedural Fairness

Davel NO and Others v KTSD Training Centre and Others (A479/09)

Davel NO and Others v KTSD Training Centre and Others (A479/09) [2012] ZAGPPHC 23 (15 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

A479/09

Judges

Vorster, Rabie, Thlapi

The High Court struck an appeal from the roll after a close corporation’s deregistration removed the liquidators’ locus standi, even if that deregistration was mistaken.

• Locus Standi
• Deregistration Of Corporation
• Bona Vacantia
• Piercing Corporate Veil
• Administrative Action Finality
• Locus-standi