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South Africa Case Law

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Administrative Law [2022] ZAGPPHC 586

Mashaba v Judicial Commission of Inquiry Into Allegations of State Capture, Corruption and Fraud In The Public Sector, Including Organs of State and Others (14261/21)

Mashaba v Judicial Commission of Inquiry Into Allegations of State Capture, Corruption and Fraud In The Public Sector, Including Organs of State and Others (14261/21) [2022] ZAGPPHC 586 (16 August 2022)

The High Court postponed an unopposed review application because the notice of motion did not state a hearing date and no Rule 16A notice was filed.

  • Notice Of Motion Requirements
  • Audi Alteram Partem
  • Rule 16a Compliance
  • Review Of Subpoena
  • Constitutional Issue
  • Service Of Process
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Civil Procedure [2017] ZANWHC 104

MEC for Health North West Province and Another v Josephs Incorporated and Others (475/2016)

MEC for Health North West Province and Another v Josephs Incorporated and Others (475/2016) [2017] ZANWHC 104 (26 October 2017)

High Court exception upheld in a claim for repayment of damages paid under a prior medical-negligence order after the minor beneficiary died.

  • Exception To Pleadings
  • Medical Negligence
  • Unjustified Enrichment
  • Variation Of Court Order
  • Trusts
  • Constitutional Issue
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Civil Procedure [2010] ZACC 1

Hennie De Beer Game Lodge CC v Waterbok Bosveld Plaas CC and Another (CCT 106/09)

Hennie De Beer Game Lodge CC v Waterbok Bosveld Plaas CC and Another (CCT 106/09) [2010] ZACC 1; 2010 (5) BCLR 451 (CC) ; 2010 (5) SA 124 (CC) (4 February 2010)

The Constitutional Court reviewed a taxation of costs and reduced counsel’s allowed time for an opposing affidavit from 61 hours to 20 hours.

  • Review Of Taxation
  • Costs Award
  • Reasonable Remuneration
  • Leave To Appeal
  • Constitutional Issue
  • Bill Of Rights Horizontal Application
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Civil Procedure [2006] ZAFSHC 105

Gericke v Griffons Rugby (EDMS) Beperk and Another (LA 107/2005)

Gericke v Griffons Rugby (EDMS) Beperk and Another (LA 107/2005) [2006] ZAFSHC 105 (26 January 2006)

The High Court dismissed an application for leave to appeal with costs after finding no reasonable prospect of success, despite the applicant’s constitutional-point argument.

  • Leave To Appeal
  • Reasonable Prospect Of Success
  • Constitutional Issue
  • Leave-to-appeal
  • Reasonable-prospect-of-success
  • Constitutional-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.