South Africa Case Law

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023)

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023) [2024] ZAWCHC 43 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

9318/2022; EC08/2023

Judge

J Cloete

The court found that the relief granted in September 2023 was not final in substance, despite its fixed duration, as it did not finally determine the parties' rights and allowed for further developments to be considered at a subsequent hearing. The order was not vague or arbitrary, as it clearly excluded statutory reporting obligations and did not prevent the bank from terminating accounts for reasons other than those stated in the termination letters. The applicants established a prima facie right to interim relief, particularly under section 22 of the Constitution, and conflicting decisions…

Source excerpt

• Interim Interdict
• Bank Account Closure
• Freedom Of Trade
• Structural Interdict
• Final Vs Interim Relief
• Constitutional Rights

General Industries Workers of South Africa (GIWUSA) and Others v ABSA Bank Limited and Others (2023-000305)

General Industries Workers of South Africa (GIWUSA) and Others v ABSA Bank Limited and Others (2023-000305) [2023] ZAGPJHC 175 (20 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-000305

Judge

Bester

The High Court struck an urgent application off the roll for lack of urgency and held that the applicants had not shown that their attorneys were authorised to act for GIWUSA.

• Authority Of Attorney
• Urgent Enrolment
• Mandament Van Spolie
• Bank Account Closure
• Urgent-enrolment
• Attorney-authority

Hlongwane and Others v Absa Bank Limited and Another (75782/13)

Hlongwane and Others v Absa Bank Limited and Another (75782/13) [2016] ZAGPPHC 938 (10 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

75782/13

Judge

MNGQIBISA-THUSI

High Court dismissal of a PAIA application for bank records. The court held the applicants did not identify the rights to be protected or show the records were reasonably required.

• Promotion Of Access To Information Act
• Bank Account Closure
• Politically Exposed Persons
• Money Laundering Risk Management
• Confidentiality Of Investigations
• Onus In Information Requests