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South Africa decisions
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Open Space Media (Pty) Ltd v Mangaung Metropolitan Municipality (733/2022) [2022] ZAFSHC 130 (1 June 2022)
The High Court discharged a rule nisi in a billboard spoliation dispute, finding the urgent application defective, the affidavit flawed, and the removal lawful under the by-law.
Maquassi-Hills Contractors v Oxy Trading (Pty) Ltd t/a D L Construction and Another (KPUM35/2018) [2018] ZANWHC 76 (13 December 2018)
The court dismissed an urgent ex parte application because the founding affidavit was improperly commissioned, urgency was not shown, and the papers were procedurally defective.
MEC for Public Works and Roads and Another v Redelinghuys (1620/2015) [2018] ZANWHC 85 (12 November 2018)
The High Court held it lacked jurisdiction to reinstate a bar-upliftment application after a final judgment and dismissed the condonation application with costs.
Malatji v Bokoni Platinum Mine and Others (JR456/15) [2018] ZALCJHB 219 (28 June 2018)
The Labour Court granted condonation for a late leave-to-appeal application but dismissed the application, finding no reasonable prospects of success.
Tiger Food Brands Limited t/a Albany Bakeries v Levy NO and Others (C104/07) [2007] ZALC 121; (2007) 28 ILJ 1808 (LC) (10 April 2007)
The court found that the applicant's founding affidavit was unsigned and therefore fatally defective, rendering the review application not properly before the court. Additionally, the application failed to specify or annex the arbitration award sought to be reviewed and did not set out any grounds for review. The applicant attempted to duplicate a dispute already decided by the bargaining council, and the proper course would have been to challenge the original ruling by Marion Shaer. The court concluded that the application was an exercise in futility and dismissed it, awarding costs to the t…
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