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South Africa decisions
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Ekurhuleni Metropolitan Municipality v Williams NO (JR155/21; JR1625/21) [2025] ZALCJHB 135 (13 March 2025)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success or other compelling reason to hear the matter.
Swanepoel v Kanyama and Another (80013/2018; 24993/2019; 8757/2019) [2024] ZAGPPHC 350 (12 April 2024)
The High Court dismissed leave to appeal against orders rectifying a deed of sale and granting specific performance, holding the postponement refusal was justified.
Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR1518/23) [2024] ZALCJHB 50 (12 February 2024)
The Labour Court granted consolidation of three related review applications about extension of a collective agreement, finding no lis pendens and no unfair prejudice.
Motsoane v Chairperson the Board Legal Aid South Africa and Others (5153/2022; 3449/2023; 1857/2021) [2024] ZAFSHC 9 (18 January 2024)
The court consolidated three related applications, joined the South African Human Rights Commission, and set timelines for affidavit and argument filing.
SG Coal (Pty) Ltd v Beryl Coal (Pty) Ltd (05174/2022 ; 007819/2022 ; 38877/2022 ; 040604/2022 ; 022339/2022) [2023] ZAGPJHC 1023 (11 September 2023)
The court found that at the time Beryl Partners initiated business rescue proceedings for Beryl Coal, multiple liquidation applications were pending, including those by SG Coal, D&R, and Jabula. This rendered the business rescue proceedings invalid under section 129(2) of the Companies Act. Furthermore, the business rescue application failed to comply with section 131(6) due to improper service and lack of notification to SARS, a major creditor. The return of service could not be amended or condoned without the Sheriff's support, and the evidence did not justify such relief. Inceku Mining's c…
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Mkhwanazi-Sigege and Another v Mottee and Others; Mkhwanazi obo Mkhwanazi and Another v Mottee and Others (64484/2020;10475/2021) [2021] ZAGPPHC 830 (13 December 2021)
The High Court granted leave to appeal against its earlier dismissal of a consolidated urgent application, finding reasonable prospects that another court may differ.
Moyo v Old Mutual Limited and Others (34004/2019) [2021] ZAGPJHC 665 (23 August 2021)
The court found that the applicant failed to provide a full and reasonable explanation for the delays in prosecuting the matters, and that the prejudice suffered by the respondents, particularly the ongoing stigma and regulatory uncertainty, outweighed the applicant's financial and personal hardship. The court held that the interests of justice and the balance of convenience favoured the respondents, and that postponement of the delinquency application would unduly prolong the prejudice. However, the court found that consolidation of the contempt and delinquency applications would promote eff…
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BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator and Another; In Re BMW Financial Services v National Credit Regulator; In Re Volkswagen Financial Services (SA) (Pty) Ltd v National Credit Regulator (NCT/93829/2017/56(1)) [2018] ZANCT 49 (5 June 2018)
The Tribunal refused to consolidate two National Credit Act review matters, finding the evidence and issues were not sufficiently similar and consolidation could prejudice parties and consumers.
Kayula N.O. and Others v Department of Roads and Public Works, Province of Eastern Cape and Others, Kayula N.O. and Others v Department of Roads and Public Works, Province of Eastern Cape and Others (2944/2017, 3026/2017) [2017] ZAECGHC 129 (12 December 2017)
The Eastern Cape High Court ordered consolidation of two related applications challenging tender awards, finding the overlap in parties and documents made one hearing convenient and fair.
Solidarity obo Maritz v Hellberg Farms and Others (JS351/16) [2017] ZALCJHB 169 (20 February 2017)
The Labour Court dismissed Solidarity’s late section 189A(13) application for condonation, finding the delay excessive, the explanation inadequate, and prospects of success minimal.
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