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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1090

Sun City Waterworld (Pty) Limited v Sun International (South Africa) Limited (A2024/001715)

Sun City Waterworld (Pty) Limited v Sun International (South Africa) Limited (A2024/001715) [2024] ZAGPJHC 1090 (28 October 2024)

The High Court set aside an upheld exception, finding the replication was not vague and embarrassing and did not introduce a new cause of action.

  • Exception Procedure
  • Vague And Embarrassing Pleading
  • Rectification Of Contract
  • Oral Vs Written Agreement
  • Declaratory And Interdictory Relief
  • Civil-procedure
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Land And Property [2018] ZAWCHC 86

Le Roux NO and Others v Botha NO and Others (5788/2016)

Le Roux NO and Others v Botha NO and Others (5788/2016) [2018] ZAWCHC 86 (3 July 2018)

High Court dispute over water servitudes and a replacement weir was dismissed because the applicants failed to prove exclusive rights or interference.

  • Praedial Servitude
  • Water Rights
  • National Water Act
  • Riparian Rights
  • Environmental Authorisation
  • Declaratory And Interdictory Relief
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Administrative Law [2017] ZAKZPHC 38

MEC for Co-operative Governance & Traditional Affairs, KwaZulu-Natal v Edumeni Municipality and Others (1425/17)

MEC for Co-operative Governance & Traditional Affairs, KwaZulu-Natal v Edumeni Municipality and Others (1425/17) [2017] ZAKZPHC 38 (24 March 2017)

The court held that Endumeni Municipality’s indefinite extension of an acting municipal manager was unlawful because it was made without the required MEC approval.

  • Municipal Manager Appointment
  • Ultra Vires Decision
  • Intergovernmental Dispute
  • Constitutional Invalidity
  • Declaratory And Interdictory Relief
  • Municipal-manager-appointment
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Commercial And Corporate [2014] ZAGPJHC 137

Moodley v On Digital Media (Pty) Ltd and Others (20456/2014)

Moodley v On Digital Media (Pty) Ltd and Others (20456/2014) [2014] ZAGPJHC 137; 2014 (6) SA 279 (GJ) (11 July 2014)

High Court case on whether an adopted business rescue plan for On Digital Media could be implemented without the applicant shareholder’s participation.

  • Business Rescue
  • Companies Act Implementation
  • Shareholder Rights
  • Memorandum Of Incorporation
  • Declaratory And Interdictory Relief
  • Business-rescue
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Constitutional Law [2014] ZAEC 4

African National Congress v Democratic Allience and Another (004/14 EC)

African National Congress v Democratic Allience and Another (004/14 EC) [2014] ZAEC 4; 2014 (5) SA 44 (EC) (6 May 2014)

The Electoral Court held that the DA’s election SMS falsely claimed the Nkandla report showed President Zuma stole R246 million, and ordered a retraction.

  • Electoral Act 73 Of 1998
  • Electoral Code
  • False Information In Elections
  • Freedom Of Expression
  • Fair Comment
  • Declaratory And Interdictory Relief
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Constitutional Law [2009] ZAWCHC 64

Sex worker Education and Advocacy Taskforce v Minister of Safety and Security and Others (3378/07)

Sex worker Education and Advocacy Taskforce v Minister of Safety and Security and Others (3378/07) [2009] ZAWCHC 64; 2009 (6) SA 513 (WCC) (20 April 2009)

High Court held that police may not arrest sex workers for an ulterior purpose or when they know prosecution is unlikely; interdict granted, declarator refused.

  • Unlawful Arrest
  • Principle Of Legality
  • Bill Of Rights Limitation
  • Declaratory And Interdictory Relief
  • Criminal Procedure Act Section 40
  • Arrest For Ulterior Purpose
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Labour Law [1999] ZALC 190

Sajid v Mahomed NO and Others (D237/99)

Sajid v Mahomed NO and Others (D237/99) [1999] ZALC 190 (25 June 1999)

The Labour Court set aside a CCMA award, held the applicant’s suspension substantively unfair, and granted interdicts against further action based on pre-December 1998 conduct.

  • Unfair Suspension
  • Residual Unfair Labour Practice
  • Arbitration Review
  • Reinstatement
  • Procedural Fairness
  • Declaratory And Interdictory Relief
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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.