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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 459

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149)

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149) [2025] ZAGPJHC 459 (14 May 2025)

Court
South Gauteng High Court, Johannesburg
Case number
A2023/081149
Judges
MABESELE, WILSON

Johannesburg Water (SOC) Ltd is an organ of state for purposes of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 because its exclusive function is the provision of water as a basic municipal service, a constitutional function under sections 27(1)(b) and 152(1)(b) of the Constitution. The fact that its powers are derived from legislation and not directly from the Constitution does not exclude it from the Act's definition. The Magistrate erred in dismissing the special plea; section 3 notice was required, and the action must be stayed pending condonation of…

Source excerpt

  • Institution Of Legal Proceedings Against Certain Organs Of State Act
  • Definition Of Organ Of State
  • Municipal Services Liability
  • Special Plea
  • Condonation Of Notice Failure
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Civil Procedure [2024] ZAFSHC 204

Eskom Holdings SOC Ltd v Botha and Others (A97/2023)

Eskom Holdings SOC Ltd v Botha and Others (A97/2023) [2024] ZAFSHC 204 (3 July 2024)

Court
Free State High Court, Bloemfontein
Case number
A97/2023
Judges
Mhlambi, Daffue, Mgudlwa

The court held that Eskom Holdings SOC Ltd does not qualify as an 'organ of state' for the purposes of section 1(1)(c) of the Institution of Legal Proceedings Against Certain Organs of State Act, as its powers and functions are exercised in terms of enabling legislation and not directly in terms of the Constitution. The Act provides notice protection only to certain organs of state specifically identified by its restrictive definition, not to all entities performing public functions. The reasoning in Pegma Thirteen Investments was found to be incorrect and should not be followed. Eskom never…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Definition Of Organ Of State
  • Notice Requirements
  • Statutory Interpretation
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Civil Procedure [2023] ZAFSHC 45

Botha and Others v Eskom Holdings SOC Ltd; Van Zyl and Others v Eskom Holdings SOC Ltd (3878/2021)

Botha and Others v Eskom Holdings SOC Ltd; Van Zyl and Others v Eskom Holdings SOC Ltd (3878/2021) [2023] ZAFSHC 45; 2024 (2) SA 322 (FB) (15 February 2023)

Court
Free State High Court, Bloemfontein
Case number
3878/2021
Judge
P. J. Loubser

The court held that Eskom Holdings SOC Ltd is not an organ of state to which the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 applies. The Act's definition of organ of state is narrower than the constitutional definition and does not include entities exercising public functions in terms of legislation other than the Constitution. Eskom performs its functions under specific statutes, not under the Constitution, and is not listed in the Act or its schedule. Therefore, the plaintiffs were not required to give statutory notice to Eskom before instituting proceed…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State
  • Statutory Notice Requirement
  • Definition Of Organ Of State
  • Constitutional Interpretation
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Civil Procedure [2009] ZANWHC 26

Nicor IT Consulting (Pty) Ltd v North West Housing Corporation (2538/07)

Nicor IT Consulting (Pty) Ltd v North West Housing Corporation (2538/07) [2009] ZANWHC 26; 2010 (3) SA 90 (NWM) (9 July 2009)

Court
North West High Court, Mafikeng
Case number
2538/07
Judge
L G Lever

The court held that the defendant, North West Housing Corporation, is not an 'organ of state' as defined in the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002, because its powers and functions derive from its enabling Act and not directly from the Constitution. The court further found that the plaintiff's claim for specific performance of a contract does not constitute a 'debt' as defined in the Act, since the definition confines 'debt' to claims for damages. Therefore, the plaintiff was not required to give notice under section 3 of the Act before instituting…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Definition Of Organ Of State
  • Definition Of Debt
  • Specific Performance
  • Notice Requirements
  • Statutory Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.