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South Africa Case Law

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Family And Children [2025] ZAGPJHC 105

K.K.A v K.N.T (15202/2020)

K.K.A v K.N.T (15202/2020) [2025] ZAGPJHC 105 (16 January 2025)

The court varied a Rule 43 contact order, finding a material change after the NPA declined to prosecute and ordering phased-in unsupervised contact.

  • Variation Of Contact Order
  • Best Interests Of Child
  • Supervised Vs Unsupervised Contact
  • Appointment Of Expert
  • Rule 43 Procedure
  • Family-law
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Family And Children [2024] ZAWCHC 334

CMK v BJK (18521/2024)

CMK v BJK (18521/2024) [2024] ZAWCHC 334 (28 October 2024)

The court granted urgent relief allowing an educational psychologist to assess two minor children and recommend suitable schools, and ordered a Family Advocate inquiry.

  • Children S Act
  • Care And Contact
  • Best Interests Of Child
  • Appointment Of Expert
  • Urgent Interdict
  • Family-law
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Family And Children [2022] ZAWCHC 84

A.M v S.W (7813/2022)

A.M v S.W (7813/2022) [2022] ZAWCHC 84 (16 May 2022)

The High Court found an urgent application about child care and contact was not urgent and removed it from the roll, while directing the Family Advocate to investigate.

  • Care And Contact Assessment
  • Best Interests Of Child
  • Urgency In Application
  • Appointment Of Expert
  • Children S Act
  • Mediation In Divorce
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Commercial And Corporate [2017] ZAECGHC 32

Birch t/a Birch and Son v Mosstrich (Pty) Ltd (4516/2016)

Birch t/a Birch and Son v Mosstrich (Pty) Ltd (4516/2016) [2017] ZAECGHC 32 (14 March 2017)

The court found that the applicant failed to comply with the peremptory requirements of clause 17 of the contract, specifically the obligation to give notice to the respondent before seeking the appointment of an Expert. The letter sent by the applicant did not constitute proper notice, and the subsequent appointment of Mr. Verwey by the Chairperson of the South African Institute of Chartered Accountants was invalid. The dispute between the parties was not clearly an accounting matter, and the procedure for appointing an Expert in such circumstances was not followed. As a result, the Expert D…

  • Expert Determination
  • Contractual Dispute Resolution
  • Specific Performance
  • Reciprocal Obligations
  • Appointment Of Expert
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Competition Law [2002] ZACAC 4

Anglo South Africa (Pty) Ltd and Others v The Industrial Development Corporation of South Africa Ltd and Others (24/CAC/Oct02)

Anglo South Africa (Pty) Ltd and Others v The Industrial Development Corporation of South Africa Ltd and Others (24/CAC/Oct02) [2002] ZACAC 4 (15 November 2002)

The Competition Appeal Court set aside a single Tribunal member’s rulings on intervention, confidentiality, and expert appointment in merger proceedings.

  • Intervention In Merger Proceedings
  • Tribunal Powers
  • Ultra Vires
  • Appointment Of Expert
  • Confidential Information Access
  • Competition-law
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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.