South Africa Case Law

K.S.M obo B.M.M v Road Accident Fund

K.S.M obo B.M.M v Road Accident Fund [2023] ZAGPPHC 493; 62283/21 (28 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

62283/21

Judge

A.M. Mtembu

The court held that the State Attorney is authorised to represent the Road Accident Fund without filing a power of attorney under Rule 7(1), as Rule 7(5) specifically exempts the State Attorney when acting in terms of the State Attorney Act. The RAF is an organ of state, performing functions in the public interest, and its representation by the State Attorney is justified under section 3(3) of the State Attorney Act. The applicant's argument that the RAF is not part of the government for these purposes was rejected, and the authorities cited by the applicant were found to be distinguishable.…

Source excerpt

• Authority Of State Attorney
• Rule 7 Uniform Rules
• Organ Of State Representation
• Public Interest
• Road Accident Fund Act

Minister of Police v Van der Watt and Another (1009/2021)

Minister of Police v Van der Watt and Another (1009/2021) [2022] ZASCA 114 (21 July 2022)

Court

Supreme Court of Appeal

Case number

1009/2021

Judges

Petse, Plasket, Mothle, Tsoka, Salie-Hlophe

The Supreme Court of Appeal dismissed the Minister of Police’s rescission appeal, holding that the State Attorney had ostensible authority to settle and that the consent orders remained valid.

• Authority Of State Attorney
• Compromise Agreement
• Rescission Of Judgment
• Ostensible Authority
• Rule 42 Uniform Rules
• Settlement Order

Minister of Police v Kunene and Others (25544/2018)

Minister of Police v Kunene and Others (25544/2018) [2018] ZAGPJHC 664 (15 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

25544/2018

Judge

T P Mudau

The High Court stayed execution of a damages writ pending a rescission application, finding the matter urgent and the applicant's prima facie case strong.

• Stay Of Execution
• Urgent Application
• Rescission Of Judgment
• Authority Of State Attorney
• Unlawful Arrest And Detention
• Stay-of-execution

Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government b Mathebula and Others (2012/22469)

Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government b Mathebula and Others (2012/22469) [2016] ZAGPJHC 187 (4 July 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2012/22469

Judge

Boruchowitz

The High Court dismissed an application to rescind a consent order for damages, finding the State Attorney had apparent authority to settle and awarding costs.

• Authority Of State Attorney
• Consent Judgment
• Justus Error
• Apparent Authority
• Cooperative Government
• Rescission Of Judgment

Nkosi and Others v Greyling and Others (LCC45/05)

Nkosi and Others v Greyling and Others (LCC45/05) [2009] ZALCC 15 (25 November 2009)

Court

Land Claims Court

Case number

LCC45/05

Judge

JM Pienaar

Leave to appeal and condonation were refused in a labour tenant eviction dispute after the court found no reasonable prospect of success.

• Labour Tenancy
• Eviction Orders
• Condonation For Late Filing
• Special Circumstances
• Authority Of State Attorney
• Labour-tenancy