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South Africa Case Law

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Land And Property [2023] ZAECMKHC 136

Terer Beleggings (Pty) Ltd v Houghamdale Trading (Pty) Ltd and Others (2567/2021)

Terer Beleggings (Pty) Ltd v Houghamdale Trading (Pty) Ltd and Others (2567/2021) [2023] ZAECMKHC 136 (5 December 2023)

Leave to appeal was refused in a property transfer dispute. The court held that both parties intended transfer of the whole farm at registration.

  • Transfer Of Immovable Property
  • Interpretation Of Contracts
  • Rei Vindicatio
  • Condictio
  • Prescription
  • Leave-to-appeal
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Administrative Law [2015] ZAGPPHC 1031

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012)

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012) [2015] ZAGPPHC 1031 (17 July 2015)

The court declared a fee-charging emergency-services practice unlawful, interdicted it, and granted leave for a class action to recover money paid.

  • Fraudulent Misrepresentation
  • Unlawful Exercise Of Public Power
  • Class Action Certification
  • Standing Under Constitution
  • Interdictory Relief
  • Condictio Indebiti
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Administrative Law [2003] ZASCA 56

Pepcor Retirement Fund and Another v Financial Services Board and Another (198/2002)

Pepcor Retirement Fund and Another v Financial Services Board and Another (198/2002) [2003] ZASCA 56; [2003] 3 All SA 21 (SCA); 2003 (6) SA 38 (SCA) (30 May 2003)

The Supreme Court of Appeal held that both the Registrar of Pension Funds and the Financial Services Board have locus standi to seek judicial review of certificates and transfers issued under section 14(1) of the Pension Funds Act, as their functions are performed in the public interest and are subject to statutory oversight. The Registrar is specifically empowered to compel compliance with the Act and to seek repayment of unlawfully transferred funds, while the Financial Services Board may supervise and seek review but cannot itself recover such funds. The court further recognised that a mat…

  • Locus Standi
  • Material Mistake Of Fact
  • Review Of Administrative Action
  • Pension Fund Regulation
  • Condictio
  • Ultra Vires
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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.