South Africa Case Law

Alexanderson obo Lebethoa v Mr Price Group Limited and Others (NCT/336370/2024/165)

Alexanderson obo Lebethoa v Mr Price Group Limited and Others (NCT/336370/2024/165) [2024] ZANCT 28 (7 September 2024)

Court

National Consumer Tribunal

Case number

NCT/336370/2024/165

Judges

MC Peenze, S Mbhele, P Manzi-Ntshingila

The National Consumer Tribunal varied a consent order to include an omitted acceptance letter from Old Mutual Finance, finding the omission was an obvious administrative error.

• National Credit Act
• Consent Order Variation
• Administrative Error
• Credit Provider Regulation
• Consent-order-variation
• National-credit-act

Gauteng Provincial Government : Department of Human Settlements and Others v Busha and Others (9074/2020)

Gauteng Provincial Government : Department of Human Settlements and Others v Busha and Others (9074/2020) [2024] ZAGPJHC 138 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

9074/2020

Judge

S D J Wilson

The High Court cancelled a deed transferring an entire erf to housing beneficiaries after finding the transfer was an administrative mistake.

• Deeds Registries Act
• Administrative Error
• Transfer Of Ownership
• Rates Clearance Certificate
• Deeds-registries-act
• Immovable-property-transfer

Mu Mechanicos Unidos S.A.S v Registrar of Patents (068030/23)

Mu Mechanicos Unidos S.A.S v Registrar of Patents (068030/23) [2023] ZAGPPHC 761 (30 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

068030/23

Judge

Kooverjie

The court held that Section 42(3) of the Patents Act does not contain language expressly excluding the Registrar's discretion to grant extensions after expiry of the prescribed period. Section 16(2) of the Act empowers the Registrar to extend time periods either before or after their expiry unless expressly prohibited. The University of Pretoria case was distinguished as it dealt with acceptance, not publication, and did not address the Registrar's discretion regarding extensions for publication. The court found that a restrictive interpretation would unjustly prejudice patentees, especially…

Source excerpt

• Patents Act Extension Of Time
• Discretion Of Registrar
• Publication Of Acceptance
• Procedural Fairness
• Administrative Error

Gauteng Provincial Government: Department of Human Settlements and Another v Motasi and Others (2021/42636)

Gauteng Provincial Government: Department of Human Settlements and Another v Motasi and Others (2021/42636) [2022] ZAGPJHC 663 (8 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/42636

Judge

Dlamini

The High Court cancelled a deed of transfer after finding the property had been transferred without the mandatory statutory inquiry, making the registration erroneous.

• Deeds Registries Act
• Conversion Of Rights Act
• Administrative Error
• Title Deed Cancellation
• Administrative-law
• Land-property

Munozohamba v Onelogix Linehaul (JS459/2021)

Munozohamba v Onelogix Linehaul (JS459/2021) [2021] ZALCJHB 426 (10 November 2021)

Court

Labour Court Johannesburg

Case number

JS459/2021

Judge

F. Coetzee

The Labour Court rescinded a default judgment mero motu after opposing papers had been filed but were not placed before the judge due to an administrative error.

• Rescission Of Default Judgment
• Unopposed Roll
• Administrative Error
• Rule 16
• Costs Order
• Rescission-of-default-judgment

Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019)

Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019) [2020] ZASCA 63; 2020 (6) SA 397 (SCA) (10 June 2020)

Court

Supreme Court of Appeal

Case number

415/2019

Judges

Navsa, Cachalia, Dambuza, Makgoka, Schippers

The Supreme Court of Appeal held that Signature Real Estate (Pty) Ltd had complied with all statutory requirements for the issuance of a fidelity fund certificate and that the misdescription on the certificate was due solely to an administrative error by the Estate Agency Affairs Board. The court distinguished the present case from Brodsky Trading 224 CC v Cronimet Chrome Mining SA (Pty) Ltd, noting that in Brodsky, the entity failed to notify the Board and did not apply for new certificates, whereas Signature had done both. The court found that the error was one of nomenclature rather than s…

Source excerpt

• Estate Agency Affairs Act
• Fidelity Fund Certificate
• Commission Claims
• Statutory Compliance
• Administrative Error

Mgweba v Road Accident Fund (3385/2016)

Mgweba v Road Accident Fund (3385/2016) [2019] ZAECPEHC 75 (4 November 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3385/2016

Judge

Beyleveld

The court found the matter was not trial-ready because the HPCSA injury finding did not match the pleaded and RAF4-listed injuries, and removed it from the trial roll.

• Trial Readiness
• Road Accident Fund Act
• Serious Injury Assessment
• Raf4 Report
• Administrative Error
• Road-accident-fund

Mphirime v Pouane and Others (59991/2015)

Mphirime v Pouane and Others (59991/2015) [2017] ZAGPPHC 959 (29 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

59991/2015

Judge

ML Senyatsi

The court cancelled a wrongly registered title deed for an RDP house and ordered transfer of ownership to the applicant after finding a valid donation agreement.

• Title Deed Cancellation
• Housing Adjudication
• Donation Of Property
• Administrative Error
• Transfer Of Ownership
• Title-deed-cancellation

S v Molaba (A276/16)

S v Molaba (A276/16) [2016] ZAGPPHC 315 (5 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A276/16

Judges

J W Louw, D S Fourie

The High Court held that a pre-conviction special review was incompetent and that a clerical charge-sheet error had been properly corrected.

• Domestic Violence Act
• Administrative Error
• Functus Officio
• Magistrates Court Rules
• Special-review
• Criminal-procedure

Ntshalintshali and Others v Sekano and Others (2014/31317)

Ntshalintshali and Others v Sekano and Others (2014/31317) [2015] ZAGPJHC 123 (12 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/31317

Judge

R Hertenberger

The court cancelled a title deed and leasehold certificate over Erf 768, Orlando East, and ordered a section 2 inquiry to determine the rightful claimant.

• Conversion Of Rights To Ownership
• Title Deed Cancellation
• Family Rights Agreement
• Administrative Error
• Section 2 Inquiry
• Custodianship Of Property