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South Africa decisions
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ABSA Bank Limited v Kebeni and Another (19782/2012) [2025] ZAWCHC 315 (28 May 2025)
The High Court relaxed res judicata after abandonment of an earlier execution order, granted a fresh Rule 46A execution order with reserve price, and dismissed a constitutional challenge.
Equal Education and Others v Head of Department Western Cape Education Department and Others (7271/2024) [2024] ZAWCHC 189 (24 July 2024)
The court found that the continued delay in placing learners in public schools constituted an ongoing violation of their constitutional right to basic education. The matter was urgent, as learners remained unplaced for months after submitting applications, and only judicial intervention could vindicate their rights. The respondents' undertakings were insufficient, given past failures to communicate placements and enable attendance. The requirements for a final interdict were met: a clear right, ongoing injury, and no alternative remedy. The court ordered the first to third respondents to plac…
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