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South Africa Case Law

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Civil Procedure [2019] ZAWCHC 189

Homechoice v Lewis Stores (Pty) Limited (17166/2018)

Homechoice v Lewis Stores (Pty) Limited (17166/2018) [2019] ZAWCHC 189; 2022 BIP 506 (WCC) (25 March 2019)

Court
Western Cape High Court, Cape Town
Case number
17166/2018
Judge
Baartman

The court found that the respondent's affidavits and copyright assignment agreements, except for Prajapati's affidavit, were not properly authenticated in accordance with Rule 63 and could not be used as evidence in South African courts. The respondent failed to provide sufficient explanation or evidence to supplement non-compliance with the authentication requirements. The applicant was entitled to have the impugned documents struck out as irregular steps under Rules 30 and 30A, and the respondent was afforded an opportunity to deliver properly authenticated documents within 30 days. Regardi…

Source excerpt

  • Authentication Of Documents
  • Copyright Assignment
  • Motion Proceedings Discovery
  • Striking Out Irregular Steps
  • Commissioners Of Oaths
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Labour Law [2018] ZALCJHB 322

City of Tshwane Metropolitan Municipality v Maree NO and Others (J2098/18)

City of Tshwane Metropolitan Municipality v Maree NO and Others (J2098/18) [2018] ZALCJHB 322 (29 July 2018)

Court
Labour Court Johannesburg
Case number
J2098/18
Judge
Mabaso

The Court found that the founding affidavit was validly commissioned as the deponent was a public servant authorized under the relevant legislation. The review application had not lapsed, as the delay in obtaining the arbitration record was due to the respondents' failure to deliver, and the applicant had obtained a court order compelling delivery. The certified arbitration award was not made an order of court under section 158(1)(c) of the LRA, and thus remained reviewable. The quantification of the award was based on documents accepted by both parties during arbitration, and the evidence of…

Source excerpt

  • Enforcement Of Arbitration Award
  • Security For Costs
  • Urgent Interdict
  • Collective Agreement Interpretation
  • Review Application
  • Commissioners Of Oaths
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.