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South Africa decisions
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Mafuma Consulting (Pty) Ltd v Brandfort Forum and Others (5520/2021) [2023] ZAFSHC 346 (30 August 2023)
The High Court allowed amendment of the first respondent’s citation, but dismissed a joinder application because the wrong trustee was cited. Costs were awarded against the applicant.
Harmony Gold Mining Company Ltd and Others v The Residents of the Masilonyana & Matjhabeng Districts & Surrounds Involved And/or Partaking in the Interdicted Activities and Others (1387/2023) [2023] ZAFSHC 315 (10 August 2023)
The court found that the applicants established a clear right to conduct their mining operations free from unlawful interference, as protected by common law and section 22 of the Constitution. There was a reasonable apprehension of injury due to threats and unrest, and no alternative legal remedy was available. The second respondent's name was amended to reflect the correct entity, and it was held to have locus standi under rule 14(2). No evidence linked the third and fourth respondents to unlawful conduct justifying prohibitory relief, but they were ordered to take reasonable steps to preven…
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Standard Bank of South Africa v Mokoena (4150/2021) [2023] ZAFSHC 20 (3 February 2023)
The court granted summary judgment on a home-loan surety debt, rejecting technical objections to the affidavit, locus standi, and the defendant’s bare denials.
Makofane and Others v Tubular Construction Projects (Pty) Ltd; In re: AMCU obo Luthuli and Others v Tubular Construction Projects (Pty) Ltd (JS761/15) [2019] ZALCJHB 364 (27 November 2019)
The court held that although the applicants were dismissed under identical circumstances as the original applicants, they had referred separate disputes to conciliation and obtained separate certificates of outcome. None of the present applicants referred their disputes to the Labour Court for adjudication within the prescribed time limits. The statutory scheme under section 191 of the LRA requires each dispute to be separately referred to the court, and joinder cannot be used to circumvent these requirements. The application for joinder was dismissed, and the court declined to grant amendmen…
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National Credit Regulator v PCL Trust t/a PCL Cash Loans-Trichardt (NCRCP1520) (NCT/103940/2018/57(1)) [2019] ZANCT 143 (7 August 2019)
The Tribunal granted a Rule 15 amendment to correct the citation of the respondents as trustees nomine officii, with no order as to costs.
Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR2368/15) [2017] ZALCJHB 475 (19 December 2017)
The Labour Court dismissed an application for leave to appeal against a review judgment, finding no reasonable prospects of a different outcome and granting condonation and citation amendment.
Joshek Foto Enterprises t/a Kameraz v Blueprint Strategic Marketing Communications CC (25340/2013) [2013] ZAGPJHC 288 (8 November 2013)
The High Court granted summary judgment for the unpaid balance on goods delivered, holding that part payment and a proposed instalment plan did not change the cause of action.
Multioptima Engineering Consultants CC and Others v Public Investment Commissioners and Another (1706/04_) [2007] ZAGPHC 89 (15 May 2007)
The High Court postponed a dispute over amending the plaintiff’s citation and allowed supplementary affidavits, with wasted costs ordered against the respondent.
Osmans Spice Works CC v Corporate International (Pty) Ltd (A5036/04) [2005] ZAGPHC 1; 2005 (6) SA 494 (W) (19 May 2005)
Appeal over provisional sentence security under Rule 8 was upheld. The court held the respondent’s notice to enter the principal case was premature and invalid.
Blaauwberg Meat Wholesalers CC v Anglo Dutch Meats (Exports) Ltd. (442/2002) [2003] ZASCA 144; [2004] 1 All SA 129 (SCA); 2004 (3) SA 160 (SCA) (28 November 2003)
The Supreme Court of Appeal held that summons issued in the name of the wrong creditor did not interrupt prescription, even though it was later amended after expiry.
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