South Africa Case Law

Standard Bank of South Africa Limited v Barnard (41826/21)

Standard Bank of South Africa Limited v Barnard (41826/21) [2023] ZAGPPHC 1916 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

41826/21

Judge

Millar

The court found that the applicant's affidavit complied with all statutory requirements for commissioning, as both the deponent and commissioner were present and the necessary certifications were made. The respondent's point in limine regarding non-compliance was rejected. On the substantive defence, the court held that the prescription period for a debt secured by a mortgage bond is fixed at the time the right of action accrues and is not affected by the subsequent cancellation of the bond. The Supreme Court of Appeal's decision in Botha v Standard Bank was followed, confirming that the 30-y…

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• Suretyship Liability
• Prescription Act
• Mortgage Bond Debt
• Summary Judgment
• Commissioner Of Oaths Compliance

Standard Bank of South Africa v Mokoena (4150/2021)

Standard Bank of South Africa v Mokoena (4150/2021) [2023] ZAFSHC 20 (3 February 2023)

Court

Free State High Court, Bloemfontein

Case number

4150/2021

Judge

Daniso

The court granted summary judgment on a home-loan surety debt, rejecting technical objections to the affidavit, locus standi, and the defendant’s bare denials.

• Summary Judgment
• Suretyship
• Commissioner Of Oaths Compliance
• Certificate Of Balance
• Locus Standi
• Amendment Of Citation

Kamiesberg Local Municipality and Another v Koingnaas Belasting Betalersvereniging and Another (2609/2021)

Kamiesberg Local Municipality and Another v Koingnaas Belasting Betalersvereniging and Another (2609/2021) [2021] ZANCHC 69 (31 December 2021)

Court

Northern Cape High Court, Kimberley

Case number

2609/2021

Judge

Mamosebo

The court found that the respondents unlawfully interfered with municipal infrastructure and services without proper authority or compliance with procurement regulations. Their conduct, including roadworks and threats to take control of water, sewage, and refuse systems, was not sanctioned by the municipal council and posed risks of wasteful and irregular expenditure. The applicants demonstrated a prima facie right to administer municipal services, a reasonable apprehension of irreparable harm, and that the balance of convenience favoured granting interim relief. The respondents' technical ob…

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• Municipal Service Delivery
• Interim Interdict
• Rule Nisi
• Procurement Regulation
• Urgency
• Commissioner Of Oaths Compliance

Molatedi and Another v Lempe and Others (4236/2018)

Molatedi and Another v Lempe and Others (4236/2018) [2019] ZAFSHC 27 (14 March 2019)

Court

Free State High Court, Bloemfontein

Case number

4236/2018

Judge

Chesiwe

The applicants proved ownership of the property through a registered title deed. The respondents failed to establish a valid defence to the eviction, as their alleged allocation and deed of sale from the municipality did not constitute legal title. The court found that all procedural requirements under the PIE Act were met, including proper notice and engagement with the municipality. The municipality offered alternative accommodation, and the eviction would not render the respondents homeless. The court exercised its discretion, finding it just and equitable to grant the eviction order, with…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Title Deed Evidence
• Just And Equitable Eviction
• Municipal Alternative Accommodation
• Commissioner Of Oaths Compliance

Mogale and Others v Minister of Safety and Security and Others (48454/08)

Mogale and Others v Minister of Safety and Security and Others (48454/08) [2010] ZAGPPHC 533 (1 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

48454/08

Judge

Ismail AJ

The court dismissed a review challenge to search and seizure warrants, finding sufficient evidence under oath and no fatal flaw in the magistrates' authorisation.

• Search And Seizure
• Commissioner Of Oaths Compliance
• Review Of Magistrate Decision
• Right To Privacy
• Search-and-seizure
• Search-warrant