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South Africa decisions
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Douse v National Horseracing Authority (PR 246/21) [2023] ZALCPE 14 (7 June 2023)
The Labour Court held that the National Horseracing Authority’s CEO lacked authority to institute review proceedings because the constitution vested litigation power in the National Board.
SA Diatomite (Pty) Ltd v Maritz N.O and Others (2049/2022) [2023] ZANCHC 13 (10 February 2023)
The High Court dismissed an urgent interdict application after finding that SA Diatomite (Pty) Ltd had not properly authorised the proceedings.
Johannes Frederick Gouws N.O and Others v Chapman Fund Managers (Pty) Ltd and Others (A157/2020) [2022] ZAGPPHC 472 (20 June 2022)
The majority (Davis J, concurred by Tlhapi J) held that the Registrar's act of registering a compliant resolution is a mechanical, clerical function and not an administrative act subject to review under PAJA. The Registrar had no discretion to refuse registration if the resolution complied with statutory requirements. The amendments to the resolution were made without shareholder authorisation and were therefore invalid. The correct relief was to set aside the registration of the amended resolution and the Class B shares with voting rights, as the registration was based on an unauthorised ame…
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