Africa Wide Investments Holdings (Pty) Ltd v Migan Investments Holdings (Pty) Ltd (8279/2019) [2021] ZAGPJHC 496 (5 October 2021)
Court
South Gauteng High Court, Johannesburg
Case number
8279/2019
Judge
A A Crutchfield
The High Court granted leave to amend a replication to address a prescription defence, holding that the amendment raised a triable issue and caused no prejudice.
Poswa v President of the Republic of South Africa and Others (2013/30021) [2014] ZAGPJHC 218; 2015 (2) SA 127 (GJ); [2014] 4 All SA 722 (GP) (15 September 2014)
Court
South Gauteng High Court, Johannesburg
Case number
2013/30021
Judges
C.J. Claassen, N.F. Kgomo, H. Mayat
The court held that the JSC was entitled to apply the amended Judicial Service Commission Act's investigation procedures retrospectively to complaints validly lodged before 1 June 2010, even if those complaints were not made under oath or affirmation. The presumption against retrospectivity does not apply to procedural amendments that do not impair vested rights, and the investigation of complaints is a procedural matter. The applicant was afforded procedural fairness, including opportunities to make written and oral submissions, and the JSC was properly constituted when it decided to appoint…
Competition Commission of South Africa v Computicket (Pty) Ltd (118/CAC/APR12) [2013] ZACAC 2; [2013] 2 CPLR 383 (CAC) (20 September 2013)
Court
Competition Appeal Court
Case number
118/CAC/APR12
Judges
Davis, Dambuza, Swain
The Competition Appeal Court dismissed the Commission’s application for leave to appeal, holding that Computicket was entitled to the record of decision for its review challenge.
Jacobs NO v Government of the Republic of South Africa and Others [2011] ZALCC 24; LCC64/2010 (23 August 2011)
Court
Land Claims Court
Case number
LCC64/2010
Judge
MPSHE
The court found that the applicant was entitled to payment of legal expenses at the expense of the Land Claims Commission for the matters under LCC 3/98 and LCC 120/99. The refusal or failure by the Chief Land Claims Commissioner to authorize payment of the outstanding amounts was not based on any finding that the expenditure was unnecessary or fruitless, but rather on budgetary constraints and lack of prior authorization. The court held that the expenditure was unavoidable and incurred in the running of the trial, and that denying payment would amount to a denial of the applicant's constitut…
Thabani Zulu & Company (Pty) Ltd v Minister of Water Affairs of the Republic of South Africa and Others ([2011] 4 All SA 208 (KZD); 2012 (4) SA 91 (KZD)) [2011] ZAKZDHC 92; [2011] ZAKZDHC 31 (22 June 2011)
Court
Kwazulu-Natal High Court, Durban
Case number
4714/2011
Judge
Rall AJ
The court held that the definition of 'debt' in the Institution of Legal Proceedings Against Certain Organs of State Act, 40 of 2002, must be read conjunctively, meaning the Act applies only to claims for damages against organs of state. The applicant's claim, being for payment of agreed fees under a contract and not for damages, does not fall within the scope of the Act. Therefore, the applicant was not required to give notice under s3(1) or seek condonation under s3(4)(a). The court rejected the applicant's precautionary request for condonation in respect of possible future enrichment claim…
Source excerpt
Institution Of Legal Proceedings Against Organs Of State Act
Shange v MEC for Education, Kwazulu-Natal (15860/2008) [2011] ZAKZDHC 28; 2012 (2) SA 519 (KZD) (17 June 2011)
Court
Kwazulu-Natal High Court, Durban
Case number
15860/2008
Judge
P Govindasamy
The court held that the applicant's claim had not prescribed because, as a minor at the time of the incident, prescription was delayed until one year after attaining majority. The reduction of the age of majority under the Children's Act did not retrospectively deprive the applicant of his accrued right to institute proceedings. The failure to give notice to the respondent was due to the applicant's attorney's oversight and should not be held against the applicant. The respondent was not unreasonably prejudiced by the delay, as the relevant witnesses remained available and the facts were not…
Source excerpt
Institution Of Legal Proceedings Against Organs Of State
