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South Africa decisions
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Mohale v Road Accident Fund (7257/2019) [2022] ZALMPPHC 38 (14 July 2022)
The court held that Dr Kumbirai’s affidavit was properly signed and commissioned, allowed the matter to be re-enrolled for trial, and referred the judgment to the Legal Practice Council.
Msezeni and Others v Workforce Group (Pty) Ltd and Another (30437/2018) [2021] ZAGPJHC 133 (17 May 2021)
The High Court held that Dew Crisp, not Workforce Group, was the applicants’ employer and granted declaratory relief with costs against the first respondent.
Bee Foundation (Pty) Ltd and Others v IDADA Trading 108 (Pty) Ltd (5654/2011) [2021] ZAGPPHC 296 (21 April 2021)
The court dismissed IDADA’s Rule 30 application with costs and held that prior motion affidavits and a section 415 insolvency transcript were admissible at trial.
Thamae and Others v Roering NO and Others (46072/2013) [2017] ZAGPJHC 389; 2017 (2) SA 328 (ECG) (23 November 2017)
The court dismissed an application to lift provisional liquidation and place a mining company in business rescue, finding the applicants lacked locus standi.
Eskom Holdings Limited v Nigrini N.O. (4338/2015) [2016] ZAFSHC 27 (25 February 2016)
The High Court rescinded a default judgment against Eskom, set aside execution steps, and ordered repayment of money paid out under the judgment.
S v Dithlakanyane and Others (SS 43/2012) [2014] ZAGPJHC 395 (16 October 2014)
The court held that the affidavits of the absent accountholders are hearsay evidence as defined by the Law of Evidence Amendment Act and section 2(2) of POCA, since their probative value depends on the credibility of the deponents who are not available to testify. The court found that the State had produced the best available evidence regarding the unavailability of the witnesses and had taken reasonable steps to secure their attendance. The court determined that the admission of the affidavits would not render the trial unfair to the accused, except in the case of accused 11, who had made an…
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NUM obo Smith v Commission for Conciliation Mediation and Arbitration and Others (C 489/12) [2013] ZALCCT 7 (20 March 2013)
The court found that the arbitrator did not commit a gross irregularity in the conduct of the proceedings. Smith's refusal to answer questions about Coetzee was at the insistence of his own representative, and the arbitrator merely advised him of his right not to answer. The inference drawn from Smith's silence was reasonable. The arbitrator's finding that Smith committed the misconduct was supported by cumulative circumstantial evidence: Smith was the only employee with the necessary knowledge and access, he was on duty at the relevant time, and multiple telephone calls were made to Coetzee…
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Kubone v Ngqongisa (A17/09) [2009] ZAECMHC 24 (12 November 2009)
The High Court upheld an appeal against refusal of rescission, finding the appellant only learned of the default costs order on 20 October 2008.
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