South Africa Case Law

South African Municipal Workers Union v Letsimeng Local Municipality and Another (J 75/2024)

South African Municipal Workers Union v Letsimeng Local Municipality and Another (J 75/2024) [2024] ZALCJHB 106 (5 March 2024)

Court

Labour Court Johannesburg

Case number

J 75/2024

Judge

Prinsloo

The Labour Court granted an interim interdict stopping the appointment of a municipal manager pending review, finding a prima facie case of regulatory non-compliance.

• Appointment Of Senior Managers
• Municipal Systems Act
• Interim Interdict
• Compliance With Regulations
• Administrative Action
• Review Proceedings

Transsec 2 (RF) Limited v Zulu (29221/2018)

Transsec 2 (RF) Limited v Zulu (29221/2018) [2018] ZAGPPHC 620 (24 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

29221/2018

Judge

Modisa

High Court granted summary judgment confirming termination of an agreement, ordering return of a vehicle, and awarding costs after rejecting procedural and defence objections.

• Summary Judgment
• Certificate Of Balance
• Authority Of Deponent
• Compliance With Regulations
• Bona Fide Defence
• Summary-judgment

Pithey v Road Accident Fund (50010/2007)

Pithey v Road Accident Fund (50010/2007) [2009] ZAGPPHC 376 (3 November 2009)

Court

North Gauteng High Court, Pretoria

Case number

50010/2007

Judge

Sapire AJ

The court upheld a special plea against a Road Accident Fund claim because the statutory claim form cited a known vehicle, not an unidentified vehicle.

• Road Accident Fund Claims
• Prescription Of Claims
• Compliance With Regulations
• Negligence
• Unidentified Vehicle Claims
• Road-accident-fund-claims

Shabalala v Road Accident Fund (12777/04)

Shabalala v Road Accident Fund (12777/04) [2006] ZAGPHC 84 (29 August 2006)

Court

High Courts - Gauteng

Case number

12777/04

Judge

M. B. Labe

The court held that the plaintiff was not in a position to comply with regulation 2(1)(c) until it was established, on a balance of probabilities, that the identity of the owner or driver of the vehicle was unknown. The investigative process undertaken by the plaintiff and his attorney, including reasonable enquiries to the police, was sufficient to satisfy this requirement. The submission of the affidavit to the police on 28 September 2003 was found to be in compliance with the regulation, as the plaintiff could only reasonably be expected to act once he had exhausted all avenues to identify…

Source excerpt

• Road Accident Fund Act
• Compliance With Regulations
• Burden Of Proof
• Personal Injury Claims