South Africa Case Law

Jumba v Jumba and Another (2502/2023)

Jumba v Jumba and Another (2502/2023) [2024] ZAECMHC 82 (24 October 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2502/2023

Judge

Mqobi

The court found that the applicant is the legally recognised senior traditional leader and head of the Jumba Traditional Council in Tabase Administrative Area. The first respondent admitted to using a headman's stamp and issuing letters, despite not being legally appointed as headman. His denials regarding other conduct were not sufficiently substantiated and failed to raise a genuine dispute of fact. The applicant established a clear right to oversee traditional leadership in her jurisdiction. The first respondent's conduct constituted an injury to the applicant's rights and those of the com…

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• Final Interdict
• Traditional Leadership
• Clear Right
• Injury Committed Or Apprehended
• Alternative Remedy
• Plascon Evans Principle

Matlala v Greater Tzaneen Local Municipality (J2289/19)

Matlala v Greater Tzaneen Local Municipality (J2289/19) [2020] ZALCJHB 2 (3 January 2020)

Court

Labour Court Johannesburg

Case number

J2289/19

Judge

S Snyman

The court found that the respondent materially failed to comply with Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers when suspending the applicant. The respondent did not provide a prima facie basis for believing the applicant committed serious misconduct, nor did it specify the grounds for suspension or the necessity thereof. The notices and council resolutions lacked sufficient particularity to enable the applicant to make meaningful representations. The respondent's ex post facto justifications in its answering affidavit could not cure these defects. The…

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• Unlawful Suspension
• Municipal Regulations
• Disciplinary Procedure
• Clear Right
• Alternative Remedy

Sekhukhune and Another v Piet (4571/2017)

Sekhukhune and Another v Piet (4571/2017) [2017] ZALMPPHC 44 (14 December 2017)

Court

Limpopo High Court, Polokwane

Case number

4571/2017

Judge

Sikhwari

Leave to appeal against discharge of a final interdict was refused because the applicants failed to establish a clear right and faced unresolved factual disputes.

• Final Interdict
• Clear Right
• Locus Standi
• Traditional Leadership
• Disputes Of Fact
• Leave-to-appeal

Andries Tobias Wiese h/a Soland Boerdery v Droogfontein Vereniging vir Gemeenskaplike Eiedom (320/2013)

Andries Tobias Wiese h/a Soland Boerdery v Droogfontein Vereniging vir Gemeenskaplike Eiedom (320/2013) [2013] ZANCHC 18 (24 June 2013)

Court

Northern Cape High Court, Kimberley

Case number

320/2013

Judge

Erasmus

The court confirmed an urgent interdict preventing interference with the applicant’s cattle, finding possession, threat of spoliation, and no adequate alternative remedy.

• Final Interdict
• Spoliation
• Possession
• Urgent Interdict
• Clear Right
• Final-interdict

Moloi v Minister of Minerals and Energy (254/05)

Moloi v Minister of Minerals and Energy (254/05) [2005] ZANCHC 123 (7 October 2005)

Court

Northern Cape High Court, Kimberley

Case number

254/05

Judge

L P Tlaletsi

The High Court ordered delivery of a mining permit, finding the permit application concerned Winter’s Rush and that the contrary reference was an administrative error.

• Mandamus
• Mining Permit
• Administrative Error
• Clear Right
• Costs Order
• Mining-permits