South Africa Case Law

Rangel Logistics (Pty) Ltd v Unhu Aluminum (Pty) Ltd (2022/22946)

Rangel Logistics (Pty) Ltd v Unhu Aluminum (Pty) Ltd (2022/22946) [2024] ZAGPJHC 531 (31 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22946

Judge

Lucas J van Tonder

The court found that the plaintiff's claim is based on an undisputed written contract, and clause 45 of the agreement expressly obliges the defendant to pay amounts claimed, even if disputed, with the right to seek repayment only after payment. The defendant did not challenge the enforceability or applicability of clause 45, nor did it raise any bona fide defence to the claim. The procedural delays caused by the defendant were unjustified and did not constitute grounds to refuse summary judgment. The court held that the 'pay now fight later' clause is enforceable and that summary judgment is…

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• Summary Judgment
• Contractual Enforcement
• Pay Now Fight Later Clause
• Delay In Proceedings

MEC for Department of Health Limpopo Province and Another v Sithole (HCAA 03/2022)

MEC for Department of Health Limpopo Province and Another v Sithole (HCAA 03/2022) [2023] ZALMPPHC 62 (4 August 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA 03/2022

Judges

M S Monene, Semenya, Naude-Odendaal

The court held that while the appellants failed to address prospects of success in their condonation application, a mechanical dismissal of the appeal would not serve the interests of justice. Both parties contributed to the delays, and the respondent would not suffer prejudice if the bar was lifted and the matter proceeded to trial. The court emphasized that justice requires disputes to be resolved on their merits, especially where significant public funds are at stake. The appeal was upheld, condonation granted, and the bar lifted to allow the appellants to file their plea.

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• Condonation
• Removal Of Bar
• Interests Of Justice
• Default Judgment
• Delay In Proceedings

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179)

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179) [2023] ZAGPPHC 37 (23 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/016179

Judge

Mnyovu

The court found that the applicant had a legally recognized interest in the property, having occupied it for decades, paid for its acquisition and development, and been listed as co-owner by the municipality. The evidence showed that the property was transferred between respondents without proper authority or notification to the applicant, amounting to a fraudulent transfer. The court held that the applicant met the requirements for declaratory relief, as the dispute was concrete and not hypothetical, and the applicant's interest was direct and substantial. The delay in bringing the applicati…

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• Declaratory Relief
• Fraudulent Transfer
• Conversion Of Rights
• Registration Of Title
• Municipal Clearance
• Delay In Proceedings

S v Gema and Another (CA&R 4/2022)

S v Gema and Another (CA&R 4/2022) [2022] ZANCHC 5; 2023 (1) SACR 304 (NCK) (31 January 2022)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 4/2022

Judges

Williams, Lever

The court found that although there was an inordinate delay in bringing the review, there was no evidence that witnesses would be untraceable or that the accused suffered substantial prejudice. The interests of justice require balancing the rights of the accused, the victims, and the broader community. Since the first accused was serving a sentence on another matter and the second accused was out on warning, and the record was available, the interests of justice are best served by setting aside the part-heard proceedings and allowing the trial to commence de novo before a different magistrate.

Source excerpt

• Fair Trial Rights
• Trial De Novo
• Magistrate Unavailability
• Delay In Proceedings

Law Society of the Cape of Good Hope v Nomoyi (1424/2007)

Law Society of the Cape of Good Hope v Nomoyi (1424/2007) [2009] ZAECHC 23 (27 February 2009)

Court

High Courts - Eastern Cape

Case number

1424/2007

Judges

Froneman, Plasket

The High Court granted the Law Society’s application against Khaya Nomoyi after receiving further information, despite concern about delay and incomplete initial papers.

• Attorney Striking Off
• Professional Conduct
• Delay In Proceedings
• Attorney-striking-off
• Professional-conduct
• Delay-in-proceedings

Minister of Public Service and Administration and Others v Solidarity and Others (JA 18/2004)

Minister of Public Service and Administration and Others v Solidarity and Others (JA 18/2004) [2007] ZALAC 28; (2007) 28 ILJ 1747 (LAC) (29 March 2007)

Court

Labour Appeal Court

Case number

JA 18/2004

Judges

Jappie, Zondo, H. M. Musi

The Labour Appeal Court held that a declaratory challenge to an agency shop agreement was academic after amendment and delay, and set aside the Labour Court order.

• Agency Shop Agreement
• Declaratory Relief
• Section 25 Labour Relations Act
• Judicial Discretion
• Delay In Proceedings
• Agency-shop-agreement

Schering (Pty) Ltd and Others v New United Pharmaceutical Distributors (Pty) Ltd. [formerly Mainstreet 2 (Pty) Ltd] and Others

Schering (Pty) Ltd and Others v New United Pharmaceutical Distributors (Pty) Ltd. [formerly Mainstreet 2 (Pty) Ltd] and Others [2001] ZACAC 5; [2001] ZACAC 5 (30 November 2001)

Court

Competition Appeal Court

Case number

11/CAC/AUG01

Judges

Jali, Davis, Mailula

The Competition Appeal Court rejected an abuse-of-process challenge to a renewed interim relief application and upheld costs against the appellants.

• Abuse Of Process
• Interim Relief
• Locus Standi
• Delay In Proceedings
• Costs Award
• Abuse-of-process