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South Africa decisions
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E.A.L-B v A.V.M (066657/2023) [2023] ZAGPJHC 1167 (17 October 2023)
The court found no urgency in a family-law application about two minor children, declined to uphold contempt, and ordered the applicant to pay costs.
Moodley v Minister of Justice and Correctional Services and Others (21/53385) [2023] ZAGPJHC 260 (24 March 2023)
The court found that the respondents' failure to provide certain directives and regulations referenced in the Parole Board Manual did not amount to contempt of the 15 December 2022 order, as these documents were not specifically mentioned in the order and the breach, if any, was technical rather than wilful. The absence of a new social worker's report did not constitute non-compliance, as the order only required necessary reports to be completed, and the applicant had already received the updated report. The court held that the parole hearing could proceed, provided the applicant is given imm…
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Trellicor (Pty) Ltd t/a Trellidor v National Union of Metal Workers of SA (NUMSA) obo Mlondi Ndwalane and Others (DA 12/20) [2022] ZALAC 5; [2022] 5 BLLR 442 (LAC); (2022) 43 ILJ 1331 (LAC) (10 February 2022)
The Labour Appeal Court dismissed an appeal and cross-appeal over dismissals arising from an unprotected strike and alleged contempt of a court interdict.
B v B (40260/2021) [2021] ZAGPJHC 687 (15 November 2021)
The High Court enforced interim child-contact arrangements after finding the respondent had no basis to unilaterally withhold contact from the applicant.
Moloto Communal Property Association v Tshoane (2017/86589) [2019] ZAGPPHC 325 (19 February 2019)
The High Court dismissed a contempt application after finding that the applicant lacked locus standi because an administrator had been appointed and no delegation was proved.
Gcora and Others v Nelson Mandela Bay Municipality and Others (1414/16) [2016] ZAECPEHC 55 (30 August 2016)
The court dismissed an irregular-proceedings application for lack of standing, holding the applicants were unrehabilitated insolvents and not parties to the review.
Solidarity obo Roos v South African Police Service and Others (JS1043/12) [2015] ZALCJHB 416 (23 November 2015)
The court found that the respondents had complied with the Order of 22 April 2014. There was no third funded Colonel post in the internal audit section of Crime Intelligence at the relevant time; the documentary evidence relied upon by the applicant reflected unfunded posts, which could not be filled. The respondents placed Roos in a comparable internal audit position at Head Office, retaining his rank and remuneration, and provided him with duties consistent with his experience. The court rejected the applicant's interpretation that the Commissioner was obliged to create or transfer posts sp…
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