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South Africa decisions
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Klein and Others v Sasfin Bank Limited and Others (14639/2019) [2024] ZAGPJHC 1320 (31 December 2024)
High Court trial over an alleged collusive disposition under section 31 of the Insolvency Act failed. The plaintiffs proved undervaluation, but not fraudulent collusion.
South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council ands Others (JR749/22) [2024] ZALCJHB 370 (27 September 2024)
Leave to appeal was dismissed in a Labour Court review matter concerning a municipal employee who was elected as a councillor and deemed to have resigned.
Fair-Trade Independent Tobacco Association NPC and Others v Commissioner for the South African Revenue Services and Another (115176/2023; 115375/2023) [2024] ZAGPPHC 1007 (25 September 2024)
The Court found that SARS failed to address the appealability of the interim order and did not engage with the interests of justice inquiry. The interim interdict was not final and did not dispose of the constitutional challenge, serving only to govern the situation until final determination. SARS's novel point regarding the Court's duty under Section 172(1) of the Constitution was misplaced, as the interim relief did not require a declaration of invalidity at this stage. The applicants had established a prima facie right to privacy due to SARS's conduct under the impugned rule. The grounds f…
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Santam Limited v Shikita Trading (Pty) Ltd and Others (35287/2017) [2024] ZAGPJHC 892 (5 September 2024)
High Court judgment enforcing a suretyship and indemnity for a guarantee claim, rejecting res judicata and NCA-based defences and granting judgment with interest and costs.
Tongaat Hulett Limited (In Business Rescue) and Others v South African Sugar Association and Others (Leave to Appeal) (D4472/2023) [2024] ZAKZDHC 19 (6 May 2024)
Leave to appeal was refused in a business rescue dispute over whether obligations under the Sugar Industry Agreement could be suspended.
Public Servants Association of South Africa obo Msibi v Department of Correctional Services and Another (J873/23) [2024] ZALCJHB 183; (2024) 45 ILJ 2049 (LC) (29 April 2024)
The applicant failed to prove beyond reasonable doubt that the respondents' non-compliance with the arbitration award was willful and mala fide. The respondents took steps to initiate a review of the award and held a bona fide, though mistaken, belief that the review process had commenced and that the award's operation was suspended. The constitutional challenge to section 143(4) of the LRA was dismissed due to lack of substantive engagement with the limitations analysis required by section 36(1) of the Constitution and the fatal non-joinder of the Minister of Employment and Labour. Civil con…
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Firstrand Bank Limited v Petezake (2023-022639) [2024] ZAGPJHC 166 (26 February 2024)
The High Court granted judgment against a surety after a loan was called up and ordered the principal debtor company into final winding-up for commercial insolvency.
Assmang Proprietary Limited v Commissioner for the South African Revenue Service and Others (91960/2015) [2023] ZAGPPHC 2036 (18 December 2023)
The court found that the contracts between the applicant and its contractors, despite references to wet and dry rates, were implemented on a wet basis, with contractors bearing the risk and cost of diesel through deductions in their invoices. This arrangement constituted a resale of fuel, rendering the purchases non-eligible for rebates under Note 6 to Schedule 6 of the Customs and Excise Act. The applicant failed to maintain sufficient records and logbooks to substantiate its claims, as required by the legislation. The court held that strict compliance with statutory requirements is necessar…
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I.P v N.P (16768/2023) [2023] ZAWCHC 287 (20 November 2023)
The High Court struck a Rule 43 application from the roll as an irregular step because it sought compulsory financial disclosure relief not provided for in the rule.
Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P) [2023] ZAKZPHC 73 (3 July 2023)
The High Court dismissed Nongoma Local Municipality’s review, upheld the MEC’s designation of a chair for a council meeting, and discharged the interim rule nisi.
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