Motor City Auto Spares (Pty) Lt and Another v Sheriff Vanderbijlpark and Others (2021/53966) [2023] ZAGPJHC 1407 (17 July 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2021/53966
Judge
Mahomed
The court found that the sheriff acted unfairly and inconsistently in implementing the conditions of sale by cancelling the first sale to the applicants, who paid via electronic funds transfer and provided proof of payment within a reasonable time, and then accepting payment from the third respondent hours later at a lower price. The sheriff failed to communicate clear timelines for payment and did not provide banking details in advance, making it impractical for bidders to comply with immediate payment requirements. The court held that, where electronic funds transfer is permitted, it is a t…
A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021) [2022] ZASCA 74; 2022 (5) SA 401 (SCA) (26 May 2022)
Court
Supreme Court of Appeal
Case number
298/2021
Judges
Ponnan, Dambuza, Schippers, Nicholls, Mothle
The Supreme Court of Appeal held that the high court erred in finding the appeal to the Minister was lodged out of time. Applying both South African and English authorities, the Court found that when the last day for lodging an appeal falls on a day when the Department's offices are closed, service on the next business day is valid and within the prescribed period. The Court rejected the high court's approach, which failed to consider established principles regarding impossibility of performance due to office closure. The matter was remitted to the high court for determination of the substant…
The Constitutional Court held that withdrawing a competition complaint is not “completed proceedings” under section 67(2) unless the merits were finally decided.
National Credit Regulator v Capitec Bank Ltd and Another (A440/2014) [2016] ZAGPPHC 125 (23 March 2016)
Court
North Gauteng High Court, Pretoria
Case number
A440/2014
Judges
FHD van Oosten, DS Molefe, MM Jansen
The court held that the National Credit Regulator did not validly initiate a complaint against Capitec Bank as required by section 136(2) of the National Credit Act. The NCR failed to demonstrate any reasonable suspicion or factual basis for its initiation, instead embarking on a broad fishing expedition. The investigation and referral to the Tribunal were not based on a valid complaint and were therefore unlawful. The Tribunal correctly declined to consider the merits due to lack of jurisdiction arising from the invalid referral. The NCR's conduct was found to be procedurally unfair and cont…
National Treasury v Jozana and Others, In Re: Jozana v National Treasury and Others (24969/2014) [2015] ZAGPPHC 847 (23 October 2015)
Court
North Gauteng High Court, Pretoria
Case number
24969/2014
Judge
TM Makgoka
The High Court refused National Treasury leave to appeal an interim order concerning fair procedure in the termination of Christopher Jozana’s special pension.
Distell v The Commissioner for the South African Revenue Service (56295/11) [2015] ZAGPPHC 687 (7 October 2015)
Court
North Gauteng High Court, Pretoria
Case number
56295/11
Judge
Potterill
Condonation for the late filing of the appeal was refused because the delay was excessive and not fully explained. The reasons advanced by Distell were found to be commercially motivated and not legally justifiable. Distell deliberately chose not to include Amarula in the earlier litigation and only sought to appeal when faced with significant financial consequences. The affidavits submitted by Distell were mutually contradictory regarding the nature of Amarula and its similarity to other products, undermining the prospects of success. The court held that it would not be in the interests of j…
Padayatchi v University of Pretoria and Others (18000/2013) [2014] ZAGPPHC 206 (16 April 2014)
Court
North Gauteng High Court, Pretoria
Case number
18000/2013
Judge
A.M.L. Phatudi
The High Court ordered the University of Pretoria to re-register a psychiatry registrar and allow him to continue required training after holding that untested allegations could not justify refusal.
Kenmont School and Another v D M and Others (454/12) [2013] ZASCA 79 (30 May 2013)
Court
Supreme Court of Appeal
Case number
454/12
Judges
Ponnan, Tshiqi, Plasket, Van der Merwe, Saldulker
The Supreme Court of Appeal dismissed an appeal as moot under section 21A because the learner had already matriculated, so no practical effect could follow.
City of Cape Town Municipality v South African Local Authority Pension Fund and Another (25945/11) [2012] ZAWCHC 235; [2013] 2 All SA 177 (WCC) (13 December 2012)
Court
Western Cape High Court, Cape Town
Case number
25945/11
Judge
Griesel
The court held that section 30H(2) of the Pension Funds Act precluded the Adjudicator from investigating the City's complaint because the subject matter was already before the High Court, regardless of which party initiated the proceedings. The City's challenge to the Fund's rule amendment and the Registrar's approval was dismissed due to an inordinate and unexplained delay in instituting review proceedings, which could not be condoned under PAJA. The court found that the City failed to provide a full and reasonable explanation for the delay and that granting relief would prejudice the Fund a…
