South Africa Case Law

Mobile Telephone Networks (Pty) Ltd v Ngubeni (A12/2020)

Mobile Telephone Networks (Pty) Ltd v Ngubeni (A12/2020) [2022] ZAGPPHC 42 (26 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

A12/2020

Judges

Munzhelele, van der Westhuizen, Noko

The appeal succeeded because the respondent failed to comply with the procedural requirements under PAIA by sending the request to an incorrect fax number and not directing it to the designated information officer. The respondent did not provide sufficient evidence in his founding affidavit to show that the request reached the correct office or that the information was required for the exercise or protection of a right. The respondent also failed to explain how the requested documents would assist in his delictual claim. The court found that mere dispatch of the request to the wrong fax numbe…

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• Promotion Of Access To Information Act
• Jurisdictional Requirements
• Procedural Compliance
• Right Of Access To Information
• Delictual Claims

Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021)

Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021) [2022] ZALMPPHC 5 (18 January 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA 05/2021

Judges

Semenya M V, G C Muller, M F Kganyago

The court held that the order refusing separation of issues under Rule 33(4) was appealable, as the court a quo had decided the merits of the special pleas and denied the appellant the opportunity to present further evidence. However, the court found that the facts and claims between the parties, including contractual and delictual claims, were interwoven and could not be conveniently separated. The determination of the special pleas would not dispose of the entire dispute, as the delictual claim would remain. The overriding consideration is the convenience, appropriateness, and fairness to a…

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• Separation Of Issues
• Special Plea Time Bar
• Waiver Pactum De Non Petendo
• Construction Contracts
• Rule 33 4
• Delictual Claims

Prag N.O and Another v Trustees for the time being of the Mitchell's Plain Industrial Enterprises Sectional Title Scheme Body Corporate and Others (A260/2020)

Prag N.O and Another v Trustees for the time being of the Mitchell's Plain Industrial Enterprises Sectional Title Scheme Body Corporate and Others (A260/2020) [2021] ZAWCHC 132; 2021 (5) SA 623 (WCC) (16 July 2021)

Court

Western Cape High Court, Cape Town

Case number

A260/2020

Judges

M Sher, VC Saldanha

The court held that the CSOS adjudicator lacked jurisdiction to entertain the Trust's claim for damages and lost rental, as these were personal claims relating to the Trust's individual section and did not affect the common interests of the sectional title scheme. The statutory duty to insure buildings under the Sectional Titles Schemes Management Act is intended to protect the collective interests of all owners, not to create a right for individual owners to claim damages from the body corporate for losses to their own section. The CSOS Act does not empower the Ombud or adjudicator to adjudi…

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• Community Schemes Ombud Service Act
• Sectional Titles Schemes Management Act
• Statutory Jurisdiction
• Delictual Claims
• Insurance Obligations
• Damages

Hlapolosa and Another v Lishiva and Others (19861/2019)

Hlapolosa and Another v Lishiva and Others (19861/2019) [2019] ZAGPJHC 494 (6 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

19861/2019

Judge

DP de Villiers

The High Court upheld an exception to particulars of claim over confused contractual and delictual allegations in a property-sale dispute.

• Exception Procedure
• Vague And Embarrassing Pleading
• Breach Of Contract
• Delictual Claims
• Restitution
• Compliance Certificates

Sunset Bay Trading 271 Pty Ltd v Regional Land Claims Commissioner, Mpumalanga Province (25587/2012)

Sunset Bay Trading 271 Pty Ltd v Regional Land Claims Commissioner, Mpumalanga Province (25587/2012) [2017] ZAGPPHC 76 (7 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

25587/2012

Judge

C.P. Rabie

The High Court held it lacked jurisdiction over a damages claim because the dispute required interpretation and application of the Restitution of Land Rights Act, which falls within the Land Claims Court’s exclusive jurisdiction.

• Restitution Of Land Rights Act
• Jurisdiction
• Exclusive Jurisdiction
• Delictual Claims
• Causae Continentia
• Land-restitution

Telkom SA Soc Limited and Another v Blue Label Telecoms Limited and Others (30004/2013)

Telkom SA Soc Limited and Another v Blue Label Telecoms Limited and Others (30004/2013) [2014] ZAGPPHC 350 (13 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

30004/2013

Judge

H.J Fabricius

The High Court dismissed a Rule 33(4) application to separate issues, holding that the avoidance, causation, and delictual questions were too intertwined.

• Rule 33 4 Separation Of Issues
• Avoidance Of Contract
• Delictual Claims
• Legal And Factual Causation
• Rule-33-4
• Separation-of-issues

Ndlovu and Others v South African Commercial Catering and Allied Workers Union (J1621/2008)

Ndlovu and Others v South African Commercial Catering and Allied Workers Union (J1621/2008) [2010] ZALC 140; (2011) 32 ILJ 697 (LC) (1 October 2010)

Court

Labour Court

Case number

J1621/2008

Judge

Bhoola

The Labour Court held it lacked jurisdiction over a delictual claim by union members against their union and upheld the respondent's points in limine with costs.

• Jurisdiction Of Labour Court
• Duty Of Care Trade Union
• Collective Bargaining
• Delictual Claims
• Mandate In Union Context
• Labour-court-jurisdiction