South Africa Case Law

Drakensberg Farms (Pty) Ltd and Another v South African Reserve Bank and Others (2022-014624)

Drakensberg Farms (Pty) Ltd and Another v South African Reserve Bank and Others (2022-014624) [2025] ZAGPPHC 199 (19 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-014624

Judge

Botha

The court held that the applicable time limit for review of the forfeiture decision was the 90-day period prescribed by Regulation 22D(b) of the Exchange Control Regulations, not the 180-day period under PAJA. The SARB was not competent to represent to the applicants that PAJA applied. The court found no basis to depart from previous judgments of the division, which held that forfeiture orders under the Exchange Control Regulations are governed by the Act and Regulations to the exclusion of PAJA. As the application was launched outside the 90-day period, it was time-barred. The constitutional…

Source excerpt

• Exchange Control Regulations
• Judicial Review Time Limits
• Forfeiture Of Assets
• Constitutional Invalidity Challenge
• Promotion Of Administrative Justice Act

Dzima and Another v Company Unique Finance (Pty) Limited and Others (2019/38139)

Dzima and Another v Company Unique Finance (Pty) Limited and Others (2019/38139) [2024] ZAGPJHC 1161 (12 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/38139

Judge

UYS AJ

The High Court dismissed an application challenging a property sale and title transfer, finding the claim had prescribed and rejecting a constitutional challenge.

• Prescription Act
• Title Deed Cancellation
• Declaratory Relief
• Constitutional Invalidity Challenge
• Res Judicata
• Alienation Of Land Act

Wallach v Registrar of Deeds (Pretoria) and Others; Wallach v Spilg and Others (CCT33/03; CCT45/03)

Wallach v Registrar of Deeds (Pretoria) and Others; Wallach v Spilg and Others (CCT33/03; CCT45/03) [2003] ZACC 20; 2004 (3) BCLR 229 (CC) (14 November 2003)

Court

Constitutional Court

Case number

CCT33/03; CCT45/03

Judges

Chaskalson, Langa, Ackermann, Madala, Mokgoro, Moseneke, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court dismissed two direct-access applications challenging insolvency-related High Court orders and refusing further attacks on the same dispute.

• Direct Access
• Property Rights
• Rehabilitation Of Insolvent
• Constitutional Invalidity Challenge
• Interests Of Justice
• Conflict Of Fact