South Africa Case Law

Mukoyi v Charova N.O and Others (4969/2021)

Mukoyi v Charova N.O and Others (4969/2021) [2024] ZALMPPHC 159 (29 October 2024)

Court

Limpopo High Court, Polokwane

Case number

4969/2021

Judge

Monene

The court found that it had jurisdiction to determine the validity of the applicant's Zimbabwean customary marriage for purposes of estate administration in South Africa. The applicant's oral evidence regarding the customary marriage was uncontested and credible. Zimbabwean law, specifically section 68(3) of the Administration of Estates Act, recognizes customary marriages for estate purposes even if not solemnized. There is no statutory age bar for customary marriages in Zimbabwe, and the applicant's age at marriage did not invalidate the union. The second respondent's civil marriage certifi…

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• Customary Marriage
• Administration Of Estates
• Conflict Of Laws
• Recognition Of Foreign Marriage
• Executorship
• Putative Marriage

Seruoe v Speaker, Free State Provincial Legislature and Other (3952/2022)

Seruoe v Speaker, Free State Provincial Legislature and Other (3952/2022) [2023] ZAFSHC 365 (21 September 2023)

Court

Free State High Court, Bloemfontein

Case number

3952/2022

Judges

Mhlambi, Daniso

The court found that the applicant was in the correct forum to challenge the appointment of the disciplinary panel under PAJA, as the decision constituted administrative action. The respondents' reliance on section 5 of PAJA regarding time limits was misplaced, as it only concerns the right to request reasons. The requirement to exhaust internal remedies was not absolute, and the respondents failed to identify any remedies the applicant had not exhausted. On the merits, the court held that there was no conflict between section 4.1(c) of the Disciplinary Policy and section 44 of the Act. Secti…

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• Promotion Of Administrative Justice Act
• Disciplinary Procedure
• Exhaustion Of Internal Remedies
• Conflict Of Laws

Nonkonyana v Acting Chairperson of the House of Traditional Leaders: Eastern Cape and Another (452/2020)

Nonkonyana v Acting Chairperson of the House of Traditional Leaders: Eastern Cape and Another (452/2020) [2022] ZAECBHC 33 (27 October 2022)

Court

Eastern Cape High Court, Bhisho

Case number

452/2020

Judge

Govindjee

The High Court dismissed a contempt application over the election of a new chairperson of the Eastern Cape House of Traditional Leaders after the house’s term expired.

• Contempt Of Court
• Conflict Of Laws
• Traditional Leadership
• Declaratory Relief
• Contempt-of-court
• Traditional-leadership

Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19)

Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19) [2020] ZACC 15; 2020 (10) BCLR 1283 (CC); 2021 (1) SA 1 (CC) (25 June 2020)

Court

Constitutional Court

Case number

CCT 287/19

Judges

Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Victor

The Constitutional Court held that the exercise of rights under section 22 of the Electronic Communications Act is subject to compliance with municipal bylaws and policies. The Court found that municipal planning, including zoning and land use regulation, falls within the exclusive competence of municipalities under section 156(1) of the Constitution and Part B of Schedule 4. The impugned bylaw regulates land use, not telecommunications, and does not conflict with section 22 of the Act, as licensees are required to pay due regard to applicable law. The Court rejected Telkom's argument that mu…

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• Municipal Planning
• Bylaw Validity
• Electronic Communications Act
• Conflict Of Laws
• Zoning And Land Use
• Constitutional Competence

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017)

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017) [2018] ZAWCHC 53 (10 May 2018)

Court

Western Cape High Court, Cape Town

Case number

10354/2017

Judge

Andrews AJ

The court held that the City of Cape Town's Municipal Planning By-laws, Zoning Scheme Regulations, and Telecommunications Mast Infrastructure Policy do not conflict with Section 22 of the Electronic Communications Act. Municipalities have exclusive legislative competence over municipal planning, including zoning and land use, even for purposes that affect national interests such as telecommunications. Section 22 of the ECA does not exempt licensees from complying with municipal zoning or building regulations; rather, it requires due regard to applicable law. The By-law and Mast Policy are val…

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• Municipal Planning
• Conflict Of Laws
• Electronic Communications Act
• Zoning Regulations
• Building Plan Approval
• Constitutional Competence

National Bargaining Council for the Clothing Manufacturing Industry (KZN) v Glamour Fashions Worker Primary Co-operative Limited and Others (D20/16)

National Bargaining Council for the Clothing Manufacturing Industry (KZN) v Glamour Fashions Worker Primary Co-operative Limited and Others (D20/16) [2017] ZALCD 8; (2017) 38 ILJ 1849 (LC) (15 February 2017)

Court

Labour Court Durban

Case number

D20/16

Judge

Whitcher

The court held that it cannot issue a blanket declaratory order stipulating that all workers’ co-operatives are subject to the Labour Relations Act. The LRA applies only to persons who meet the statutory definition of 'employee', which requires working for another and receiving remuneration. Legitimate worker co-operatives, characterized by joint ownership, democratic control, and voluntary association, do not create an employment relationship as envisaged by the LRA. The Co-Operatives Act and the LRA serve different purposes and are not in direct conflict. The court found that the rights and…

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• Definition Of Employee
• Conflict Of Laws
• Co Operatives Act
• Labour Relations Act
• Fair Labour Practices
• Sham Co Operatives

Central Authority for the Republic of South Africa v K (2013/47006)

Central Authority for the Republic of South Africa v K (2013/47006) [2014] ZAGPJHC 373; 2015 (5) SA 408 (GJ) (4 December 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/47006

Judge

Spilg

Hague Convention child-abduction application dismissed: the court found the child habitually resident in the UK but held return would expose him to an intolerable situation.

• International Child Abduction
• Hague Convention
• Habitual Residence
• Best Interests Of Child
• Article 13 Defence
• Conflict Of Laws

Maccsand (Pty) Ltd v City of Cape Town and Others (CCT103/11) (CC)

Maccsand (Pty) Ltd v City of Cape Town and Others (CCT103/11) (CC) [2012] ZACC 7; 2012 (4) SA 181 (CC); 2012 (7) BCLR 690 (CC) (12 April 2012)

Court

Constitutional Court

Case number

CCT 103/11

Judges

Jafta, Mogoeng, Yacoob, Cameron, Froneman, Khampepe, Maya, Nkabinde, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that LUPO, as provincial land use planning legislation, applies to land even where mining rights have been granted under the MPRDA. The MPRDA does not exclude the operation of LUPO, and section 23(6) of the MPRDA expressly subjects mining rights to other relevant laws, which include land use planning statutes. The Court found that the two statutes serve different purposes: the MPRDA regulates mining, while LUPO controls land use and zoning. The overlap between the two does not amount to an unconstitutional intrusion by the local sphere into the national sphere, a…

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• Municipal Planning
• Mining Rights
• Zoning And Land Use
• Environmental Authorisation
• Intergovernmental Relations
• Conflict Of Laws

Chitima v Road Accident Fund (18996/2011)

Chitima v Road Accident Fund (18996/2011) [2011] ZAWCHC 488; [2012] 2 All SA 632 (WCC) (15 December 2011)

Court

Western Cape High Court, Cape Town

Case number

18996/2011

Judge

Bozalek

The court held that although the applicant's customary marriage in Zimbabwe was unregistered and not recognised as a valid marriage under Zimbabwean law, both Zimbabwean and South African law recognise the duty of support arising from such unions for certain civil purposes. South African law, in particular, provides broader statutory recognition of customary unions and does not preclude loss of support claims based on such relationships. The duty of support is a personal consequence of the marriage and is governed by the law of the parties' domicile at the time of the accident, which is recog…

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• Loss Of Support
• Customary Marriage Recognition
• Conflict Of Laws
• Road Accident Fund Act
• Duty Of Support
• Alien Rights

Monokandilos v Generale Des Carriers Et Des Mines SA (11261/2001)

Monokandilos v Generale Des Carriers Et Des Mines SA (11261/2001) [2010] ZAGPPHC 184 (5 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

11261/2001

Judge

HJ Fabricius

The court held that amended particulars did not introduce new causes of action and that the defamation prescription issue was governed by Greek law.

• Prescription Act
• Conflict Of Laws
• Defamation
• Malicious Prosecution
• Amendment Of Particulars
• Foreign Law Application