South Africa Case Law

Roadmac Surfacing (Pty) Ltd v Sumeil (Pty) Ltd and Another (1403/2020)

Roadmac Surfacing (Pty) Ltd v Sumeil (Pty) Ltd and Another (1403/2020) [2021] ZAKZPHC 74 (23 February 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1403/2020

Judge

Mossop AJ

The court found that the directives issued by the KZN Judge President suspending time limits during the COVID-19 lockdown were valid administrative acts and remained effective until set aside by a competent court. As a result, the plaintiff's notice of bar was delivered one day prematurely, since the dies non ended on 30 April 2020 and the defendants had until 7 May 2020 to file their plea. Without a valid notice of bar, the defendants were not under bar when they delivered their rule 23 notice, which was therefore properly delivered. The plaintiff's application to set aside the rule 23 notic…

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• Dies Non
• Notice Of Bar
• Rule 23 Exception
• Rule 30 Irregular Step
• Condonation
• Administrative Directives

Fidelity Security Services (Pty) Ltd v Minister of Police and Others (45537/2016)

Fidelity Security Services (Pty) Ltd v Minister of Police and Others (45537/2016) [2019] ZAGPPHC 234 (21 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

45537/2016

Judge

Ranchod

The court held that the Firearms Control Act is explicit: renewal applications must be lodged at least 90 days before expiry, and if not, the licence terminates and possession becomes unlawful. The Constitutional Court has confirmed the validity of these provisions and rejected arguments for acceptance of late applications or interim authorisations. The applicant's attempt to distinguish ownership from possession is unsustainable, as the Act regulates possession regardless of ownership. The right to conduct business under section 22 of the Constitution does not entitle the applicant to circum…

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• Firearms Control Act
• Late Renewal Applications
• Administrative Directives
• Constitutional Validity
• Section 33 Rights
• Section 22 Trade Rights

Vierplaas Boerdery BK v Department of Water Affairs and Forestry and Another (WT 06/08/2008)

Vierplaas Boerdery BK v Department of Water Affairs and Forestry and Another (WT 06/08/2008) [2011] ZAWT 10 (11 May 2011)

Court

Water Tribunal

Case number

WT 06/08/2008

Judges

L J Lekale, H Thompson

The Water Tribunal held that the appeal was timeously lodged and is properly before it. Questions about the dam-safety directive and PAJA were deferred to the merits.

• National Water Act
• Appeal Timeliness
• Administrative Directives
• Dam Safety
• Jurisdiction Of Tribunal
• Appeal-timeliness

Harmony Gold Mining Company Limted v Regional Director Free State Department of Water Affairs and Forestry and Another (269/05)

Harmony Gold Mining Company Limted v Regional Director Free State Department of Water Affairs and Forestry and Another (269/05) [2006] ZASCA 66; [2006] SCA 65 (RSA) (29 May 2006)

Court

Supreme Court of Appeal

Case number

269/05

Judges

Howie, Mthiyane, Conradie, Maya, Cachalia

The Supreme Court of Appeal held that section 19(1) of the National Water Act does not impose a territorial limitation on the reasonable anti-pollution measures required of owners, controllers, occupiers, or users of land. The statutory language is sufficiently broad to include measures on another's land where necessary to prevent pollution. The directive requiring Harmony Gold Mining Company Limited to contribute to dewatering and anti-pollution measures at other mines was a reasonable measure within the meaning of section 19(1) and (3), given the interconnected nature of the mines and the r…

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• National Water Act
• Pollution Prevention
• Administrative Directives
• Review Of Administrative Action
• Reasonable Measures