South Africa Case Law

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018)

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018) [2025] ZALMPTHC 5; [2025] 3 All SA 212 (LT) (24 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 01/2023

Judges

ASL Van Wyk, TV Ratshibvumo, S Mathabathe

The court found that the respondent proved ownership of the properties and that the appellants' occupation was unlawful and exceeded six months. The court a quo actively investigated all relevant circumstances, including the appellants' personal situations and the availability of alternative accommodation. The appellants failed to provide the required personal information despite being ordered to do so. The respondent offered demarcated residential sites for resettlement. The authority of the respondent's deponent was not properly challenged under Rule 7, rendering the objection meritless. Th…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Land Ownership
• Alternative Accommodation
• Constitutional Right To Housing
• Authority Of Deponent

Chemical, Energy, Printing, Wood and Allied Workers Union obo 185 Members v Normandien Farms (Pty) Ltd ta Tekwani (JS91/22)

Chemical, Energy, Printing, Wood and Allied Workers Union obo 185 Members v Normandien Farms (Pty) Ltd ta Tekwani (JS91/22) [2024] ZALCJHB 416 (24 October 2024)

Court

Labour Court Johannesburg

Case number

JS91/22

Judge

P Moll

The court found that the applicant's explanation for the delay, while not perfect, was reasonable in light of the union's administrative and financial challenges, and the ongoing litigation regarding the administrator's appointment. The delay in filing both the replying affidavit and the statement of claim was substantial but adequately explained. The confirmatory affidavits and administrator's resolution attached to the replying affidavit cured the hearsay and authority issues. The applicant's members were not responsible for the delay, having timeously referred the dispute to the CCMA. The…

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• Condonation
• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Authority Of Deponent
• Hearsay Evidence

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022)

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022) [2024] ZANWHC 227 (9 September 2024)

Court

North West High Court, Mafikeng

Case number

M130/2022

Judge

FMM Reid

The court found that the applicant complied with the procedural requirements of section 4 of the PIE Act, including proper service of notices. The deponent to the founding affidavit was authorised by virtue of his position and personal knowledge. The respondents' occupation was unlawful, as no consent was given by the applicant. While the respondents are vulnerable and have invested in restoring the properties, their occupation does not confer a legal right, and enrichment claims do not justify continued occupation. The applicant's need to house its employees and the deprivation of its proper…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Vulnerable Occupiers
• Authority Of Deponent
• Service Of Notice
• Alternative Accommodation

Nedbank Limited v Moeletsi N.O and Another (17616-2022)

Nedbank Limited v Moeletsi N.O and Another (17616-2022) [2024] ZAGPJHC 759 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17616/2022

Judge

B. C Wanless

The applicant's cause of action is based on the rei vindicatio, as ownership of the motor vehicle remained with the applicant until all contractual obligations were fulfilled. The applicant did not seek payment but only repossession of the asset. The Administration of Estates Act does not deprive the applicant of its common law right to repossess property from a deceased estate. The claims procedure under the Act is not a bar to such relief. The applicant provided sufficient proof of service of the demand, and the respondent admitted receipt. The authority of the deponent was not properly cha…

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• Rei Vindicatio
• Instalment Sale Agreement
• Administration Of Deceased Estates
• Section 129 National Credit Act
• Authority Of Deponent
• Costs Attorney And Client

Zulzi Ondemand (Pty) Ltd v Minister of South African Police Services and Others (112599/2023)

Zulzi Ondemand (Pty) Ltd v Minister of South African Police Services and Others (112599/2023) [2023] ZAGPJHC 1304 (14 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

112599/2023

Judge

Twala

The court found that the applicant's liquor license was issued specifically for the premises at 22 Witkoppen Road, Cambridge Park, Paulshof, Johannesburg. Although the license permits storage of liquor at other premises, such premises must be designated and approved by the Gauteng Liquor Board in accordance with the Act. The applicant had not complied with the statutory requirements for licensing additional warehouses, and the premises from which the stock was seized were not designated or licensed. The SAPS acted lawfully in confiscating the alcohol from unlicensed premises. The applicant's…

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• Liquor Licensing
• Statutory Interpretation
• Urgent Interdict
• Authority Of Deponent

First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (A32/2023)

First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (A32/2023) [2023] ZAGPPHC 1178 (19 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A32/2023

Judges

Millar, G Ally

The Tribunal erred in dismissing the appellant's points in limine. The deponent to the founding affidavit was not properly authorised, and no documentary proof of authority was provided. The referral was based on inadmissible hearsay evidence, as the investigation report was not confirmed by affidavit and no oral evidence was to be led. The Tribunal failed to require an application for condonation before dismissing the first point in limine, which was procedurally incorrect. The Tribunal's approach to the admissibility of evidence offended the principles of natural justice, as the appellant w…

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• National Credit Act
• Motion Proceedings
• Authority Of Deponent
• Admissibility Of Evidence
• Natural Justice
• Points In Limine

Marindafontein (Pty) Ltd v Stopforth and Another (2022/033875)

Marindafontein (Pty) Ltd v Stopforth and Another (2022/033875) [2023] ZAGPJHC 955 (16 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/033875

Judge

PG Louw

The High Court granted eviction where the owner proved possession and the second respondent failed to show a lawful right to occupy Hangar H19/3.

• Rei Vindicatio
• Eviction
• Onus Of Proof
• Authority Of Deponent
• Rei-vindicatio
• Property-law

BLK Construction (Pty) Ltd v Apogee Management Projects (Pty) Ltd (36055/2020)

BLK Construction (Pty) Ltd v Apogee Management Projects (Pty) Ltd (36055/2020) [2023] ZAGPJHC 894 (10 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

36055/2020

Judge

D Mahon

The court granted specific performance in a vehicle sale dispute, ordering delivery of ownership documents and dismissing unsupported relief sought by the respondent.

• Specific Performance
• Sale Of Goods
• Authority Of Deponent
• Oral Vs Written Contract
• Costs Award
• Specific-performance

Teklehimanote v Free State Gambling, Liquor and Tourism Authority and Another (3611/2022)

Teklehimanote v Free State Gambling, Liquor and Tourism Authority and Another (3611/2022) [2023] ZAFSHC 187 (22 May 2023)

Court

Free State High Court, Bloemfontein

Case number

3611/2022

Judges

Cronjé, AJ, Daniso, J

High Court review of a liquor-licence refusal was upheld because the record was inadequate and procedural fairness concerns required remittal.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Review Of Administrative Action
• Authority Of Deponent
• Liquor Licensing
• Administrative-law

Haywood and Others v Foresta Timber and Board (41657/2020)

Haywood and Others v Foresta Timber and Board (41657/2020) [2023] ZAGPJHC 272 (17 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

41657/2020

Judge

Wanless

Interlocutory discovery application dismissed after the respondents filed their affidavit. The court struck new matter from reply and ordered attorney-and-client costs.

• Discovery Affidavit
• Uniform Rules Of Court
• Authority Of Deponent
• Striking Out New Matter
• Costs Punitive Scale
• Civil-procedure