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South Africa Case Law

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Family And Children [2025] ZAFSHC 153

Moloi v Nkosi and Others (1713/2025)

Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025)

Court
Free State High Court, Bloemfontein
Case number
1713/2025
Judge
Deane, AJ

The court found that the applicant failed to discharge the burden of proving the existence of a valid customary marriage with the deceased prior to his civil marriage with the first respondent. The matter was brought by way of motion proceedings, despite the presence of material factual disputes regarding the existence and validity of the alleged customary marriage. The affidavits submitted by both parties presented conflicting versions, and the absence of oral evidence prevented the court from assessing credibility and resolving these disputes. Applying the Plascon-Evans rule, the court dete…

Source excerpt

  • Recognition Of Customary Marriage
  • Motion Proceedings
  • Burden Of Proof
  • Conflicting Affidavits
  • Application Of Plascon Evans Rule
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Civil Procedure [2024] ZAGPJHC 837

Siyathemba Project Management and Development (Pty) Ltd v Weinberg (22984/202)

Siyathemba Project Management and Development (Pty) Ltd v Weinberg (22984/202) [2024] ZAGPJHC 837 (5 August 2024)

Court
South Gauteng High Court, Johannesburg
Case number
22984/202
Judge
Green

The court found that the respondent's argument regarding repudiation was fundamentally flawed, as repudiation affects the entire agreement and not only the arbitration clause. The facts supporting repudiation were raised in the counterapplication, making the Plascon Evans Rule applicable to factual disputes. The respondent pleaded actual bias and could not shift to perceived bias, as parties are bound by their pleadings in motion proceedings. The arbitrator's conduct regarding witness statements, bundles, fees, and cost orders did not demonstrate bias but rather reflected efforts to resolve t…

Source excerpt

  • Arbitration Award Enforcement
  • Repudiation
  • Bias In Arbitration
  • Application Of Plascon Evans Rule
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Civil Procedure [2021] ZACC 48

Burger N.O. and Others v Bester N.O. and Others (CCT 246/20)

Burger N.O. and Others v Bester N.O. and Others (CCT 246/20) [2021] ZACC 48; 2024 (1) BCLR 1 (CC) (13 December 2021)

Court
Constitutional Court
Case number
CCT 246/20
Judges
Madlanga, Madondo, Majiedt, Mhlantla, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that its jurisdiction was not engaged because the applicants raised factual disputes rather than constitutional issues or arguable points of law of general public importance. The law regarding trustee authority and the requirements to bind a trust is settled and does not warrant reconsideration. The applicants' challenge was directed at the factual findings and application of established legal principles by the High Court, which does not fall within the Constitutional Court's jurisdiction. Accordingly, leave to appeal was refused, and the costs were awarded again…

Source excerpt

  • Trustee Authority
  • Sequestration Proceedings
  • Acts Of Insolvency
  • Application Of Plascon Evans Rule
  • Standing In Insolvency
  • Trust Deed Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.