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South Africa Case Law

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Civil Procedure [2023] ZALMPPHC 85

Maluleke v Limpopo Society of Advocates and Another - Leave to Appeal (7113/2017)

Maluleke v Limpopo Society of Advocates and Another - Leave to Appeal (7113/2017) [2023] ZALMPPHC 85 (14 September 2023)

The High Court dismissed Mr Maluleke’s application for leave to appeal, finding his medical excuse inadequate, his grounds meritless, and his conduct abusive.

  • Leave To Appeal
  • Striking Off Roll
  • Abuse Of Process
  • Costs Punitive
  • Recusal
  • Application For Postponement
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Tax Law [2020] ZATC 8

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (13950)

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (13950) [2020] ZATC 8; 82 SATC 373 (24 February 2020)

The application for postponement was dismissed because the appellant failed to meet the basic requirements for such relief, including providing a satisfactory and candid explanation for its non-preparedness and the timing of its attorney's withdrawal. The appellant's affidavit was found to be inconsistent with objective facts and lacked candour. The Tax Court held that, in the absence of the appellant and its representatives after the postponement application was dismissed, the appeal was effectively withdrawn. The statutory framework of the Tax Administration Act confines the court's jurisdi…

  • Application For Postponement
  • Burden Of Proof
  • Tax Assessment Appeal
  • Costs Award
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Land And Property [2014] ZALCC 7

Mahlangu v Minister of Rural Development and Land Reform and Another (LCC 48/2011)

Mahlangu v Minister of Rural Development and Land Reform and Another (LCC 48/2011) [2014] ZALCC 7 (21 May 2014)

The Land Claims Court dismissed a late postponement request and held that the Mahlangu Family lacked locus standi because the lodged claim was Ms Sikhosana’s individual claim.

  • Restitution Of Land Rights Act
  • Locus Standi
  • Referral Procedure
  • Gazetting Of Land Claims
  • Application For Postponement
  • Ultra Vires Action
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Civil Procedure [2012] ZAWCHC 10

PPM Incorporated Attorneys v Greyling and Ander (14982/2011)

PPM Incorporated Attorneys v Greyling and Ander (14982/2011) [2012] ZAWCHC 10 (6 February 2012)

The court dismissed a postponement application as not bona fide and granted a final sequestration order after finding the respondent had tried to mislead the court.

  • Final Sequestration
  • Opposing Affidavit
  • Application For Postponement
  • Setting Aside Default Judgment
  • Final-sequestration
  • Postponement
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Criminal Law [2006] ZAKZHC 22

S v Zuma and Others (CC358/05)

S v Zuma and Others (CC358/05) [2006] ZAKZHC 22 (20 September 2006)

The High Court refused the State’s application to postpone the criminal trial, finding no reasonable expectation that contested evidence would be available on the adjourned date.

  • Application For Postponement
  • Permanent Stay Of Prosecution
  • Right To Fair Trial
  • Search And Seizure
  • Judicial Discretion
  • Criminal-procedure
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Criminal Law [1994] ZASCA 63

S v Dangatye (724/1992)

S v Dangatye (724/1992) [1994] ZASCA 63; [1994] 3 All SA 128 (A) (17 May 1994)

The court held that refusing a postponement to let the accused obtain counsel of choice was an improper exercise of discretion. The murder conviction and death sentence were set aside.

  • Right To Legal Representation
  • Fair Trial
  • Judicial Discretion
  • Application For Postponement
  • Murder
  • Procedural Irregularity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.