South Africa Case Law

Firstrand Bank Limited v Initiative for Specialized Resource Management (Pty) Ltd and Others (046733/2023)

Firstrand Bank Limited v Initiative for Specialized Resource Management (Pty) Ltd and Others (046733/2023) [2024] ZAGPPHC 987 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

046733/2023

Judge

Williams

The court held that initials on a suretyship satisfied the signature requirement and condoned an omitted hearing date in the notice of motion, granting judgment.

• Suretyship Formalities
• Condonation Of Irregularity
• Notice Of Motion Requirements
• Joint And Several Liability
• Suretyship-formalities
• Notice-of-motion

Alberts and Others v Minister of Justice and Correctional Services (404/2021)

Alberts and Others v Minister of Justice and Correctional Services (404/2021) [2022] ZASCA 25; 2022 (6) SA 59 (SCA) (9 March 2022)

Court

Supreme Court of Appeal

Case number

404/2021

Judges

Saldulker, Zondi, Makgoka, Plasket, Gorven

The Supreme Court of Appeal held that 138 plaintiffs could join in one action over alleged assaults, and that the special plea of misjoinder failed.

• Joinder Of Parties
• Misjoinder
• Uniform Rules Of Court
• Actio Legis Aquiliae
• Special Plea
• Condonation Of Irregularity

Alpha Omega Youth Outreach v National Lottery Commission (EL1461/2018)

Alpha Omega Youth Outreach v National Lottery Commission (EL1461/2018) [2019] ZAECELLC 30 (12 November 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1461/2018

Judge

J.E Smith

The High Court reviewed and set aside the Lottery Commission’s refusal of funding, finding it had rigidly applied its guidelines, but remitted the matter for reconsideration.

• Promotion Of Administrative Justice Act
• Exercise Of Discretion
• Judicial Review
• Condonation Of Irregularity
• Administrative-law
• Judicial-review

Ehlers N.O and Others v Land and Agricultural Development Bank Of South Africa and Others (2919/2016)

Ehlers N.O and Others v Land and Agricultural Development Bank Of South Africa and Others (2919/2016) [2018] ZALMPPHC 64 (31 August 2018)

Court

Limpopo High Court, Polokwane

Case number

2919/2016

Judge

EM Makgoba

The High Court dismissed a challenge to a sale in execution, holding the Bochum sheriff had authority and that any Rule 46 irregularity caused no prejudice.

• Sale In Execution
• Sheriff Authority
• Locus Standi
• Uniform Rules Of Court Rule 46
• Condonation Of Irregularity
• Sale-in-execution

AECI Limited v Laufs (CIVAPPFB8/2016)

AECI Limited v Laufs (CIVAPPFB8/2016) [2016] ZANWHC 63 (1 December 2016)

Court

North West High Court, Mafikeng

Case number

CIVAPPFB8/2016

Judges

R D Hendricks, N Gutta, T Djaje

High Court appeal over a sequestration application dismissed because the notice of motion was signed by an attorney not admitted in the division.

• Notice Of Motion Signature
• Attorney Admission Requirements
• Condonation Of Irregularity
• Notice-of-motion-signature
• Attorney-admission-requirements
• Condonation-of-irregularity

Trinamics Incorporated v Registrar of Patents and Others (23902/2010)

Trinamics Incorporated v Registrar of Patents and Others (23902/2010) [2013] ZAGPPHC 547 (3 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

23902/2010

Judge

Prinsloo

High Court review of a patent renewal decision was dismissed after the court refused to set aside a 1992 short payment, citing delay and finality.

• Promotion Of Administrative Justice Act
• Patent Renewal
• Condonation Of Irregularity
• Delay In Review
• Finality Of Administrative Decisions
• Administrative-law

Trinamics Incorporated v Registrar of Patents and Others (23902/2010)

Trinamics Incorporated v Registrar of Patents and Others (23902/2010) [2013] ZAGPPHC 143; 2013 BIP 29 (CP) (29 April 2013)

Court

North Gauteng High Court, Pretoria

Case number

23902/2010

Judge

Prinsloo

The court found that although the Registrar's acceptance of the short renewal payment in 1992 was an irregular administrative act, the circumstances did not warrant setting it aside. The patentee acted in good faith, the payment was made timeously, and the Registrar's error was not discovered until 18 years later. The court emphasized the public interest in finality, the absence of prejudice to any party, and the extensive reliance on the patent's validity by third parties. The court exercised its discretion to refuse to set aside the administrative act, noting that legality and certainty mus…

Source excerpt

• Promotion Of Administrative Justice Act
• Patent Renewal
• Condonation Of Irregularity
• Delay In Review
• Finality Of Administrative Action

Liberty Group Ltd v Singh and Another (9105/2011)

Liberty Group Ltd v Singh and Another (9105/2011) [2012] ZAKZDHC 33; 2012 (5) SA 526 (KZD) (7 June 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

9105/2011

Judge

K. Swain

The court held that an attorney with a certificate of right of appearance issued by the Registrar of another division is entitled to appear and sign pleadings qua advocate in any division, but not qua attorney unless enrolled in that division. The procedural irregularity in the signing of the combined summons was condoned as no prejudice was shown. The broking agreement did not constitute a 'secured loan' under the National Credit Act, and thus compliance with Rule of Practice No. 28 was not required. The defendants failed to provide sufficient particulars to establish a bona fide defence, an…

Source excerpt

• Right Of Appearance Act
• Attorneys Act
• Summary Judgment
• Secured Loan Definition
• Condonation Of Irregularity

Federated Insurance Company Ltd. v Malawana (303/84)

Federated Insurance Company Ltd. v Malawana (303/84) [1985] ZASCA 139; [1986] 2 All SA 23 (A) (29 November 1985)

Court

Supreme Court of Appeal

Case number

303/84

Judges

Rabie, Miller, Trengove, Botha, Boshoff

The court held that a company may be served at its principal place of business within the court’s jurisdiction, and that the East London branch qualified.

• Service Of Process
• Uniform Rules Of Court
• Condonation Of Irregularity
• Service-of-process
• Uniform-rules-of-court
• Condonation-of-irregularity