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South Africa decisions
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Epiphanyi IT Training and Advisory (Pty) Ltd v Moben South Africa (6806/2018) [2019] ZAGPJHC 115 (27 March 2019)
The High Court dismissed an application to rescind a default judgment, finding Rule 31(5)(d) inapplicable, service proper, and new grounds in reply impermissible.
Mostert NO v Sable Group Holdings (Pty) Ltd In re: Mostert NO v Sable Group Holdings (Pty) Ltd and Others (2011/43945) [2013] ZAGPJHC 143 (13 June 2013)
The court found that the alleged irregularities raised by the Applicants did not amount to procedural defects warranting the setting aside of the joinder application under Rule 30(1). The cause of action remained unchanged, and the joinder was necessitated by facts disclosed in affidavits. Amendments and supplementation of affidavits are permissible at the court's discretion, and procedural rules should not be applied so strictly as to cause injustice. The Applicants failed to provide affidavits demonstrating prejudice, which is a prerequisite for success under Rule 30. Minor drafting errors…
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Loungefoam (Pty) Ltd and Others v Competition Commission South Africa and Others, Feltex Holdings (Pty) Ltd v Competition Commission South Africa and Others (102/CAC/Jun10) [2011] ZACAC 4; [2011] 1 CPLR 19 (CAC) (6 May 2011)
The Tribunal's decision to allow amendments to the complaint referral was final and appealable as it disposed of jurisdictional issues. The Commission failed to properly initiate a complaint against Feltex regarding the chemical cartel, and the statutory scheme requires strict compliance with initiation, investigation, and referral procedures. The attempt to introduce new parties and causes of action by amendment was impermissible. Section 4(5)(b) of the Competition Act is exclusionary and cannot be used to attach liability to Steinhoff International and Steinhoff Africa for conduct involving…
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