MEC for Health North West Province Government v Brown Mogotsi Foundation and Another (UM185/2023) [2024] ZANWHC 30 (16 February 2024)
Court
North West High Court, Mafikeng
Case number
UM185/2023
Judge
Dibetso-Bodibe
Leave to appeal against an urgent interim interdict over a provincial catering tender was dismissed. The court upheld public-interest standing and found no reasonable prospects of success.
Lijane v Kekana and Others (21/43942) [2023] ZAGPJHC 5 (3 January 2023)
Court
South Gauteng High Court, Johannesburg
Case number
21/43942
Judge
S D J Wilson
The court found that all substantive requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry under customary law, and the marriage was negotiated and celebrated with the involvement of both families. The absence of a 'handing-over' ceremony and the non-acceptance of lobolo did not invalidate the marriage, as neither family considered these elements essential to the validity of the union. The court rejected the argument that customary law prohibits interracial marriages, holding that the Act does not r…
IDS Industry Service and Plant Construction South Africa (Pty) Ltd v Industrius D.O.O (15862/2020) [2021] ZAGPJHC 375 (28 April 2021)
Court
South Gauteng High Court, Johannesburg
Case number
15862/2020
Judge
F Bezuidenhout
The High Court refused security for costs in an international arbitration enforcement dispute, holding the IAA and Model Law did not permit it on these facts.
The Constitutional Court held that the definition of 'appeal' in section 1 of the Superior Courts Act does not exclude all criminal matters from the scope of Chapter 5. Section 17(2)(f) applies to both civil and criminal proceedings, allowing the President of the Supreme Court of Appeal to refer a petition for reconsideration in exceptional circumstances. The procedure under section 327 of the Criminal Procedure Act is not an appeal and only applies after all recognised appeal procedures are exhausted. The President's interpretation, which excluded criminal matters from section 17(2)(f), crea…
Federation for Sustainable Environment v Department of Water Affairs and Others (WT 08/03/2011) [2011] ZAWT 14 (20 December 2011)
Court
Water Tribunal
Case number
WT 08/03/2011
Judges
W Singo, H Thompson
The Water Tribunal held that it lacks jurisdiction to hear an appeal by a person other than the applicant for a water use licence where the responsible authority did not require suitable public notice under section 41(4) of the National Water Act. The Tribunal reasoned that its powers are strictly limited to those conferred by statute, and section 148(1)(f) only permits appeals by persons who have timeously lodged written objections as contemplated by section 41(4). The appellant did not lodge such an objection, and the responsible authority did not require public notice, thus the Tribunal ca…
Fang v Refugee Appeal Board and Others (40771/05) [2006] ZAGPHC 101; 2007 (2) SA 447 (T) (15 November 2006)
Court
High Courts - Gauteng
Case number
40771/05
Judge
Seriti
The court found that the applicant failed to discharge the onus of proving a well-founded fear of persecution based on political opinion. His account was inconsistent, lacked corroboration, and his actions upon arrival in South Africa did not support a genuine fear. The court further held that contravention of China's one child policy does not establish membership of a particular social group for refugee purposes, as the policy is a law of general application and penalties are imposed for conduct, not for immutable characteristics. Economic consequences alone do not amount to persecution. The…
Mahlangu NO v Minister of Land Affairs and others (LCC116/99) [2003] ZALCC 3 (6 February 2003)
Court
Land Claims Court
Case number
LCC116/99
Judge
Moloto
The Land Claims Court granted leave to appeal in a restitution dispute, holding that the need to exhaust remedies before the Regional Land Claims Commissioner remained arguable.
