Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Golden Harvest Medical Centre Proprietary Limited v Ntsanu and Others (2024/133489) [2025] ZAGPJHC 528 (27 May 2025)
Urgent eviction under section 5 of PIE was refused because the applicant failed to show that no other effective remedy existed.
Conpack Building & Civils (Pty) Ltd V University of the Western Cape and Another (014117/25) [2025] ZAWCHC 90 (7 March 2025)
The court refused an interim interdict stopping a university refurbishment pending review, holding that the tender was already implemented and the applicant had not shown a prima facie right or irreparable harm.
Rustenburg Platinum Mines Limited v Kelahlile and Others (M550/21) [2024] ZANWHC 298 (5 December 2024)
The applicant established a clear right to conduct its business under a Precious Metals Refinery License. However, the evidence showed that the unlawful conduct by the respondents occurred only on 3 and 4 August 2021, with no recurrence since then. The applicant failed to demonstrate a reasonable apprehension of future harm, as required for a final interdict. The timeline of events and the absence of further incidents undermined the claim of ongoing threat. Additionally, the applicant had alternative remedies available, including criminal proceedings. The court exercised its discretion and fo…
Source excerpt
Jumba v Jumba and Another (2502/2023) [2024] ZAECMHC 82 (24 October 2024)
The court found that the applicant is the legally recognised senior traditional leader and head of the Jumba Traditional Council in Tabase Administrative Area. The first respondent admitted to using a headman's stamp and issuing letters, despite not being legally appointed as headman. His denials regarding other conduct were not sufficiently substantiated and failed to raise a genuine dispute of fact. The applicant established a clear right to oversee traditional leadership in her jurisdiction. The first respondent's conduct constituted an injury to the applicant's rights and those of the com…
Source excerpt
National Union of Metalworkers of South Africa (NUMSA) obo Members v BMW (South Africa) (Pty) Ltd (Reasons) (2024/113589) [2024] ZALCJHB 399 (18 October 2024)
The Labour Court declined to intervene in BMW's incomplete disciplinary proceedings against NUMSA members, finding that NUMSA failed to establish exceptional circumstances warranting urgent intervention. The Court held that the right to procedural fairness and protection against unfair dismissal is governed by the Labour Relations Act, which prescribes referral to the CCMA or bargaining council for conciliation and arbitration. The Court found that the disciplinary process adopted by BMW, including written representations and independent chairpersons, did not per se constitute procedural unfa…
Source excerpt
Head of Department: Free State Provincial Treasury v Member of the Executive Council for Finance (MEC): Free State Provincial Government and Others (990/2024) [2024] ZAFSHC 303 (3 October 2024)
The court found that, although the applicant has alternative remedies in the form of a pending review and anticipated disciplinary proceedings, there are constitutional issues at stake, particularly regarding the applicant's rights under sections 10 and 33(1) of the Constitution. The court accepted, at least prima facie, that the applicant has reasonable prospects of success in the review application. The implementation of recommendations by the respondents may affect the applicant's rights and reputation, potentially causing irreparable harm. Given the importance of the constitutional issues…
Source excerpt
22 Fricker Road (Pty) Ltd and Another v Those Units listed in Annexure A to Notice of Motion and Others (2023/085256) [2024] ZAGPJHC 805 (12 August 2024)
The court finds that there is a rational basis for another court to conclude that the lease agreements may create reciprocal obligations for supply and payment of electricity and water, and that non-payment may entitle the applicants, subject to court authorisation, to terminate or restrict such supply. It is arguable that such termination or restriction does not necessarily constitute indirect eviction, and that the existence of pending eviction proceedings under the PIE Act does not preclude the relief sought. The issues raised are novel, of public importance, and bear prospects of success…
Source excerpt
Ndou and Another v Ayob and Another (2024/062334) [2024] ZAGPJHC 652 (12 July 2024)
Urgent application to restore access to a frozen bank account was dismissed for misjoinder, lack of urgency, and available alternative remedies.
Jobela v Member of the Executive Council Responsible for the Department of Transport: Eastern Cape (2326/2024) [2024] ZAECMHC 57 (25 June 2024)
The court found that the applicant failed to establish unlawful dispossession of his bus. The impoundment was authorised under section 87(1) of the National Land Transport Act and section 42(2) of the National Road Traffic Act, as the bus did not display a valid license and roadworthy disc and the disc was withheld due to outstanding payment on another vehicle. The applicant did not adequately explain the administrative issue or demonstrate that he had no alternative remedy, as he could pay the outstanding amounts or fines to recover possession. The urgency claimed by the applicant was not su…
Source excerpt
Arocon Mbokodo CC v Mogalakwena Local Municipality (2650/2024) [2024] ZALMPPHC 57 (7 June 2024)
The court found that the applicant had established a prima facie right arising from its valid and subsisting contract with the respondent for the road and stormwater project. The respondent's attempt to proceed with a new tender for the same work, while the original contract remains in force, was held to be unlawful and prejudicial to the applicant. The court rejected the respondent's arguments regarding the availability of funds, alleged irregularities, and delay, finding no evidence that the contract had been lawfully terminated or set aside. The applicant would suffer irreparable harm if t…
Source excerpt
Explore more
