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South Africa decisions
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Taxpayer Olive v Commissioner for the South African Revenue Service (2023/22) [2024] ZATC 20 (27 December 2024)
The Tax Court dismissed an application for default judgment, finding SARS had shown good cause for a delayed rule 13(1) ADR notice and awarding costs against the taxpayer.
Road Accident Fund v Hammann-Moosa Inc (32624/22) [2024] ZAGPPHC 1288 (27 November 2024)
The court found that the delay in instituting the rescission application was reasonable, as both parties were actively engaged in negotiations and verification of claims following the default judgment. The application for rescission under Rule 42(1)(a) was dismissed, as the grounds raised by RAF were substantive rather than procedural, and Rule 42(1)(a) only applies to procedural errors. The court held that RAF had established good cause under the common law, providing a reasonable explanation for its default and raising substantive triable defences, including the requirement for ADR and prio…
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Zwane v Road Accident Fund (2022/20090) [2024] ZAGPJHC 1167 (5 November 2024)
The High Court held that mediation under Rule 41A is voluntary and cannot be compelled after pleadings close. The application to force or require consideration of mediation was dismissed with costs.
South African Agricultural Machinery Association and Another v Motor Industry Ombudsman of South Africa and Others (20/44414) [2024] ZAGPJHC 824 (30 April 2024)
The court found that, on a proper interpretation of the Consumer Protection Act (CPA), there exists a primary implied power for the Minister to regulate the funding of MIOSA, as adequate funding is necessary for MIOSA to fulfil its statutory functions and achieve the objectives of the CPA. The collateral challenge to the legality of the funding provisions in the Code was dismissed. However, the court held that MIOSA's creation and application of its own categories and formula for calculating contributions were not authorised by the Code and thus unlawful. The Code prescribes specific criteria…
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D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024)
The High Court dismissed a contempt application arising from divorce proceedings, finding the respondent had made partial payments and that wilful bad faith was not proven.
CS Oosthuizen Boerdery CC v Radiant Hour Ministry International (NPC) (4261/2023) [2023] ZAFSHC 464 (30 November 2023)
The respondent failed to honour the payment terms of the written sale agreement, which contained an entrenched formalities clause prohibiting improvements without prior written consent. The respondent's reliance on mediation under Uniform Rule 41A and the alternative dispute resolution clause was misplaced, as the applicant opposed mediation and the clause was inapplicable. The defence of a verbal amendment to the payment terms was unsupported and legally barred by established authority. The respondent's claim to an improvement/enrichment lien was rejected because the improvements were made w…
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Ashrafiah Trust v Rylands (C184/2023) [2023] ZALCCT 50 (25 August 2023)
The Labour Court granted condonation, rescinded an earlier interdict, and dismissed a contempt application after finding an undisclosed arbitration clause material.
Mkansi v Legal Practitioners Indemnity Insurance Fund (61050/21) [2022] ZAGPPHC 1019 (8 December 2022)
The court found that the applicant lodged his claim for indemnity timeously and complied with the procedural requirements set by the respondent. The respondent's assertion of prescription was rejected, as the claim for indemnity only arises when liability to a third party is established, and the amount payable is determined. The court distinguished the present application from previous proceedings, holding that the relief sought was not res judicata. However, both parties failed to invoke the dispute resolution mechanism stipulated in clause 6.4 of the insurance policy, which requires referra…
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National Credit Regulator v MSR Financial Solutions (Pty) Ltd (NCT/214111/2022/140(1)) [2022] ZANCT 15 (24 March 2022)
The Tribunal found that MSR Financial Solutions operated as an unregistered debt counsellor, ADR agent, and payment distributor, and imposed a R50,000 fine.
Mcinga and Company (Pty) Limited t/a M & C Business Solutions v Eskom Holdings SOC Limited (09/2022) [2022] ZAECBHC 5 (24 March 2022)
Urgent application to restore electricity supply failed. The court held the applicant delayed unduly, remained in breach of payment obligations, and had an alternative remedy.
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