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South Africa Case Law

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Civil Procedure [2025] ZALMPPHC 52

Maluleke v Honourable Mr Justice N Ranchod and Others (HCAA 24/2023 ; 215/2023)

Maluleke v Honourable Mr Justice N Ranchod and Others (HCAA 24/2023 ; 215/2023) [2025] ZALMPPHC 52 (20 March 2025)

Appeal dismissed in a contempt matter against judges, with the court finding no contempt and holding that the application was not properly served or authorised.

  • Contempt Of Court
  • Service Of Process
  • Leave To Sue Judge
  • Court Order Interpretation
  • Contempt-of-court
  • Service-of-process
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Commercial And Corporate [2022] ZASCA 66

Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others; African Global Holdings (Pty) Ltd and Others v Lutchman N.O. and Others (1088/2020;1135/2020)

Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others; African Global Holdings (Pty) Ltd and Others v Lutchman N.O. and Others (1088/2020;1135/2020) [2022] ZASCA 66; [2022] 3 All SA 35 (SCA) ; 2022 (4) SA 529 (SCA) (10 May 2022)

The Supreme Court of Appeal held that the business rescue application was not 'made' within the meaning of s 131(6) of the Companies Act, as it was not properly served on all joint liquidators, the Commission, or all affected persons. Therefore, the application did not suspend the liquidation proceedings or the auction of assets. The Court further found that the Bhoola AJ order's requirement for directors' consent to asset sales was intended to lapse upon the Supreme Court of Appeal's judgment in the earlier appeal, and thus the liquidators were empowered to proceed with the auction. The high…

  • Business Rescue
  • Liquidation Proceedings
  • Interpretation Of Statutes
  • Court Order Interpretation
  • Costs Award
  • Service And Notification Requirements
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Civil Procedure [2022] ZAGPPHC 258

ABSA Trust Ltd N.O ET Kabinde Trust v Road Accident Fund (58660/2021)

ABSA Trust Ltd N.O ET Kabinde Trust v Road Accident Fund (58660/2021) [2022] ZAGPPHC 258 (29 April 2022)

The High Court held that section 17(4)(a) of the Road Accident Fund Act does not cover annual trust administration fees, and dismissed the application.

  • Road Accident Fund Act
  • Section 17 4 A Undertaking
  • Trust Administration Fees
  • Court Order Interpretation
  • Road-accident-fund
  • Section-17-4-a
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Civil Procedure [2021] ZALMPPHC 58

Matsaung v Mathedimosa and Others (1101/2019)

Matsaung v Mathedimosa and Others (1101/2019) [2021] ZALMPPHC 58 (30 August 2021)

The High Court dismissed a review of a Taxing Master’s rulings on wasted-costs taxation, holding that the disputed fees were properly disallowed.

  • Taxation Of Costs
  • Party And Party Scale
  • Right Of Appearance
  • Court Order Interpretation
  • Taxation-of-costs
  • Wasted-costs
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Administrative Law [2021] ZAGPPHC 452

South African Arms and Ammunition Dealers Association v Minister of Police and Others (41415/18)

South African Arms and Ammunition Dealers Association v Minister of Police and Others (41415/18) [2021] ZAGPPHC 452; [2021] 4 All SA 538 (GP) (9 July 2021)

The court found that the relevant court order required the Respondents to consult with the Applicant and other stakeholders during the process of design and implementation of the electronic connectivity system, not prior to the issuance of the tender bid for appointment of a service provider. The language of the order and the context indicated a two-stage process: first, the bidding process to appoint a contractor, and second, the design and implementation phase during which consultation must occur. The Applicant's argument that consultation was required before the tender bid was not supporte…

  • Review Of Administrative Action
  • Court Order Interpretation
  • Firearms Control Act Compliance
  • Consultation With Stakeholders
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Tax Law [2020] ZATC 17

BCD (Pty) Ltd v Commissioner for the South African Revenue Service (0034/2019)

BCD (Pty) Ltd v Commissioner for the South African Revenue Service (0034/2019) [2020] ZATC 17 (3 June 2020)

The court found that the order of 13 September 2019 established a procedural mechanism for resolving the VAT dispute for the 07/2016 period. The obligations placed on the parties were clear: the applicant was to provide specified documents, and SARS was to resolve the dispute within a set timeframe. The issuance of audit findings by SARS constituted a step in resolving the dispute as envisaged by the court order, providing the applicant with the reasons for the proposed adjustment. The applicant's re-enrolment of the application for default judgment was premature, as the process outlined in t…

  • Tax Administration Act
  • Default Judgment
  • Vat Assessment
  • Objection Procedure
  • Court Order Interpretation
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Civil Procedure [2019] ZAGPPHC 305

Road Accident Fund v Taxing Master and Another (10977/2013)

Road Accident Fund v Taxing Master and Another (10977/2013) [2019] ZAGPPHC 305 (15 July 2019)

The High Court dismissed a Rule 48 review of taxation, holding that the Taxing Master correctly allowed bundle-delivery costs because they were covered by the court order.

  • Review Of Taxation
  • Party And Party Costs
  • Court Order Interpretation
  • Taxing Master Discretion
  • Review-of-taxation
  • Taxing-master-discretion
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Competition Law [2018] ZACC 37

S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others (CCT121/17)

S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others (CCT121/17) [2018] ZACC 37; 2018 (12) BCLR 1553 (CC); 2019 (1) SA 370 (CC); [2018] 2 CPLR 411 (CC) (28 September 2018)

The Constitutional Court held that the Competition Commission's statutory investigative powers under Part B of Chapter 5 of the Competition Act remain intact and were not curtailed by the June 2016 order of the Competition Appeal Court. The Commission is authorised to exercise both coercive and non-coercive powers, including interviewing witnesses and compelling production of documents, in investigating whether the SABC-MultiChoice agreement constitutes a notifiable merger. The June 2016 order did not expressly or impliedly restrict the Commission to a desktop review of documents. The Competi…

  • Notifiable Merger
  • Competition Commission Powers
  • Investigation Procedures
  • Court Order Interpretation
  • Public Interest In Merger Control
  • Admission Of New Evidence
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Competition Law [2017] ZACAC 2

S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (Soc) Limited and Others (140/CAC/Mar16)

S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (Soc) Limited and Others (140/CAC/Mar16) [2017] ZACAC 2; [2017] 1 CPLR 65 (CAC) (28 April 2017)

The court dismissed an application to expand a prior order. It held the Competition Commission’s remit was limited to documents and did not include s 49A investigative powers.

  • Merger Notification
  • Change Of Control
  • Powers Of Competition Commission
  • Court Order Interpretation
  • Document Disclosure
  • Court-order-interpretation
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Civil Procedure [2011] ZAWCHC 33

Van Driel en Ander v Pocock en Ander (13258/08)

Van Driel en Ander v Pocock en Ander (13258/08) [2011] ZAWCHC 33 (1 March 2011)

The court held that the receiver was not functus officio and could still complete the partnership liquidation, but set aside certain asset valuations for lack of consultation.

  • Partnership Liquidation
  • Receiver Mandate
  • Goodwill Valuation
  • Functus Officio
  • Court Order Interpretation
  • Partnership-liquidation
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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.