South Africa Case Law

Norland Investments Limited v Saul and Others (678/2023)

Norland Investments Limited v Saul and Others (678/2023) [2024] ZANCHC 123 (29 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

678/2023

Judge

MC Mamosebo

The court found that the applicant's founding affidavit was properly authenticated by a registered solicitor in the United Kingdom, who is recognised under South African law as having powers equivalent to a commissioner of oaths. The applicant's locus standi was established by a valid board resolution, and the supplementary affidavit cured any technical defects. The absence of a municipal report did not preclude the hearing, as the municipality was served and elected not to participate. The respondents were found to be unlawful occupiers under PIE, having no legal right to remain on the prope…

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• Prevention Of Illegal Eviction Act
• Authentication Of Documents
• Locus Standi
• Condonation
• Municipal Reports
• Just And Equitable Eviction

Riverland Holdings Limited v ENRC Mozambique Limitada (42562/2015)

Riverland Holdings Limited v ENRC Mozambique Limitada (42562/2015) [2024] ZAGPJHC 1308 (10 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

42562/2015

Judge

Nico van der Walt

The High Court enforced an oral services agreement, rejected ENRC’s factual disputes, and ordered payment of USD 1,827,200.65 plus interest.

• Specific Performance
• Oral Contracts
• Proof Of Agency
• Hearsay Evidence
• Authentication Of Documents
• Legal Professional Privilege

Mahomed N.O and Others v Al-Al Shaik N.O and Others (2023/007716)

Mahomed N.O and Others v Al-Al Shaik N.O and Others (2023/007716) [2024] ZAGPJHC 190 (4 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/007716

Judge

Adams

The High Court dismissed a Rule 7(1) challenge to respondents’ authority, finding the joint proxy valid and sufficiently authenticated under Rule 63(4).

• Authority Of Attorney
• Authentication Of Documents
• Trusteeship Dispute
• Uniform Rule 7
• Uniform Rule 63
• Civil-procedure

Quality Plant Hire CC / Expectra 388 CC Joint Venture and Others v MEC for the Department: Transport & Public Works, Western Cape Government and Others (20263/2021)

Quality Plant Hire CC / Expectra 388 CC Joint Venture and Others v MEC for the Department: Transport & Public Works, Western Cape Government and Others (20263/2021) [2023] ZAWCHC 156 (20 June 2023)

Court

Western Cape High Court, Cape Town

Case number

20263/2021

Judge

Henney

The court held that the Department's requirement for an authenticated Joint Venture Agreement was clear, material, and mandatory. Authentication in the legal context refers to verification by a notary public or commissioner of oaths, not merely the submission of an original document. The applicants failed to comply with this requirement, and their bid was correctly deemed non-responsive. The court found no merit in the argument that only copies required authentication or that the tender conditions were unclear. The Department's decision was lawful, rational, and procedurally fair under PAJA.…

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• Public Procurement
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Tender Disqualification
• Interpretation Of Tender Conditions
• Authentication Of Documents

Africa's Best Foods (Pty) Ltd v Ed Foods S.R.L (2022/1245)

Africa's Best Foods (Pty) Ltd v Ed Foods S.R.L (2022/1245) [2022] ZAGPJHC 1048 (28 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1245

Judge

RJ Moultrie

The High Court held that a commissioner’s affidavit filed in reply was not irregular, and that foreign affidavits not authenticated under Rule 63 were not automatically struck out.

• Authentication Of Documents
• Commissioning Of Affidavits
• Rule 63 Uniform Rules
• Justices Of The Peace Act
• Virtual Commissioning
• Rule-63

Janse van Rensburg v Obiang and Another (A338/2018, 22470/2015)

Janse van Rensburg v Obiang and Another (A338/2018, 22470/2015) [2019] ZAWCHC 53 (10 May 2019)

Court

Western Cape High Court, Cape Town

Case number

A338/2018, 22470/2015

Judges

Goliath, Binns-Ward, Fortuin

The High Court rejected an application to strike out an appeal for lack of a formally authenticated power of attorney and for failure to provide security for costs.

• Authentication Of Documents
• Power Of Attorney
• Security For Costs
• Rule 7 Uniform Rules
• Rule 49 Uniform Rules
• Civil-procedure

Homechoice v Lewis Stores (Pty) Limited (17166/2018)

Homechoice v Lewis Stores (Pty) Limited (17166/2018) [2019] ZAWCHC 189; 2022 BIP 506 (WCC) (25 March 2019)

Court

Western Cape High Court, Cape Town

Case number

17166/2018

Judge

Baartman

The court found that the respondent's affidavits and copyright assignment agreements, except for Prajapati's affidavit, were not properly authenticated in accordance with Rule 63 and could not be used as evidence in South African courts. The respondent failed to provide sufficient explanation or evidence to supplement non-compliance with the authentication requirements. The applicant was entitled to have the impugned documents struck out as irregular steps under Rules 30 and 30A, and the respondent was afforded an opportunity to deliver properly authenticated documents within 30 days. Regardi…

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• Authentication Of Documents
• Copyright Assignment
• Motion Proceedings Discovery
• Striking Out Irregular Steps
• Commissioners Of Oaths

Benjamin v Additional Magistrate Cape Town and Others (14216/2013)

Benjamin v Additional Magistrate Cape Town and Others (14216/2013) [2014] ZAWCHC 115 (1 August 2014)

Court

Western Cape High Court, Cape Town

Case number

14216/2013

Judges

LL Burger, Gamble

High Court review of an extradition enquiry ruling upheld the admission of US documents, holding they were properly authenticated and no gross irregularity was shown.

• Extradition
• Admissibility Of Evidence
• Authentication Of Documents
• Constitutional Review
• Superior Courts Act
• International Treaty Interpretation

Van Rooyen v S (A404/2013)

Van Rooyen v S (A404/2013) [2014] ZAGPJHC 177 (13 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A404/2013

Judges

Wright, Modiba

High Court appeal against an extradition order dismissed. The court held the US documents were properly authenticated and that dual criminality was satisfied.

• Extradition Act
• Dual Criminality
• Authentication Of Documents
• Extradition Treaty
• Conclusive Proof Certificate
• Bail Conditions

S v Shoniwa and Others (CA 41/2010)

S v Shoniwa and Others (CA 41/2010) [2011] ZANWHC 25 (27 May 2011)

Court

North West High Court, Mafikeng

Case number

CA 41/2010

Judges

Hendricks, Gutta

The court held that Botswana is a 'foreign state' under the Extradition Act 67 of 1962, as the treaty between South Africa and Botswana does not provide for reciprocal endorsement of warrants required for 'associated state' status. Therefore, the extradition enquiry was correctly held under section 10, not section 12. The magistrate's role under section 10 is limited to determining whether the person is liable to be surrendered and whether sufficient evidence exists to warrant prosecution in the requesting state. Constitutional or fair trial concerns, such as the lack of government-funded leg…

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• Extradition
• Extradition Act 1962
• Associated State Definition
• Fair Trial Rights
• Ministerial Discretion
• Authentication Of Documents