South Africa Case Law

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022)

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022) [2022] ZANCHC 48 (15 August 2022)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022

Judge

Mamosebo

The court found that the Rule 30 application brought by the applicants to set aside the Land Bank's counter-application lacked merit. The urgency and national importance of the matter, including the interests of major creditors, provisional liquidators, farmers, and farm labourers, justified the expedited hearing of the counter-application. The procedural objections raised by the applicants were insufficient to delay the matter, and the court exercised its discretion to dismiss the Rule 30 application. The admission of TLU SA as amicus curiae was deferred to allow proper submissions in line w…

Source excerpt

• Business Rescue Proceedings
• Joinder Of Parties
• Constitutional Validity Of Companies Act
• Rule 30 Irregular Proceedings
• Amicus Curiae Admission
• Liquidation And Sequestration

South African National Roads Agency Limited v Zunkulu and Others (18553/12)

South African National Roads Agency Limited v Zunkulu and Others (18553/12) [2015] ZAGPPHC 770 (13 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

18553/12

Judge

M F Legodi

The court refused the application by the Centre for Law and Society (CLS) to be admitted as amicus curiae. The judge found that CLS failed to disclose the circumstances of its involvement, raising reasonable apprehension of partiality and partisan interest. The evidence indicated that CLS was approached by the respondents' attorneys to assist with issues of standing and authority, and its subsequent actions suggested an intention to bolster the respondents' case rather than provide independent expertise. The court held that any apprehension of lack of impartiality or suspicion of bias is suff…

Source excerpt

• Amicus Curiae Admission
• Customary Law Standing
• Rule 16a Procedure
• Impartiality Of Amicus
• Authority Of Attorneys

In Re: Certain Amicus Curiae Applications; Minister of Health and Others v Treatment Action Campaign and Others (CCT8/02)

In Re: Certain Amicus Curiae Applications; Minister of Health and Others v Treatment Action Campaign and Others (CCT8/02) [2002] ZACC 13; 2002 (5) SA 713 (CC); 2002 (10) BCLR 1023 (CC) (5 July 2002)

Court

Constitutional Court

Case number

CCT8/02

Judges

Chaskalson, Langa, Ackermann, Du Plessis, Goldstone, Kriegler, Madala, Ngcobo, O’Regan, Sachs, Skweyiya

The Constitutional Court refused a late amicus application and declined further evidence, finding the proposed material would introduce a new issue and cause delay.

• Amicus Curiae Admission
• Condonation
• Fresh Evidence On Appeal
• Constitutional Right To Health Care
• Amicus-curiae-admission
• Fresh-evidence-on-appeal

Beukes and Bekker: Re Farm Grootte Springfontein (LCC17/96)

Beukes and Bekker: Re Farm Grootte Springfontein (LCC17/96) [1997] ZALCC 3 (24 July 1997)

Court

Land Claims Court

Case number

17/96

Judges

Y S Meer, A Gildenhuys

The Surplus Peoples Project's application to be admitted as amicus curiae was refused because it failed to advance submissions different from those of the parties, a crucial requirement under Rule 14(2)(b)(iii). The role of an amicus is to provide the court with perspectives or expertise not otherwise available from the parties. The Atlantis Reconstruction and Development Forum's application for leave to intervene was refused because it did not demonstrate a direct and substantial interest in the subject matter of the litigation, as required by Rule 13 and s 29(1) of the Restitution of Land R…

Source excerpt

• Restitution Of Land Rights Act
• Intervention Procedure
• Amicus Curiae Admission
• Direct And Substantial Interest
• Constitutional Interpretation