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South Africa Case Law

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Civil Procedure [2016] ZAGPPHC 37

Absa Bank Ltd v Veludo (89853/15)

Absa Bank Ltd v Veludo (89853/15) [2016] ZAGPPHC 37 (29 January 2016)

The High Court granted summary judgment for a bank seeking repayment of an erroneously credited account payment, finding no bona fide defence.

  • Unjustified Enrichment
  • Payment Sine Causa
  • Banker Client Relationship
  • Summary Judgment
  • Appropriation Of Funds
  • Summary-judgment
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Constitutional Law [2009] ZASCA 174

Minister of Finance v Golden Arrow Bus Services (Pty) Ltd (115/09)

Minister of Finance v Golden Arrow Bus Services (Pty) Ltd (115/09) [2009] ZASCA 174; 2010 (4) BCLR 338 (SCA) ; [2010] 2 All SA 237 (SCA) (4 December 2009)

Section 3 of the State Liability Act does not provide for an appropriation or direct charge against the National Revenue Fund for the satisfaction of judgment debts against the State as required by section 213(2) of the Constitution and section 15(1)(a) of the Public Finance Management Act. The Public Finance Management Act restricts direct charges to those Acts listed in Schedule 5, which does not include the State Liability Act. The Constitution does not expressly provide that court orders sounding in money are direct charges against the Fund. The absence of legislative mechanisms and proce…

  • State Liability
  • Judgment Enforcement
  • National Revenue Fund
  • Appropriation Of Funds
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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.