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South Africa decisions
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Mamilula CC v Emfuleni Local Municipality and Another (2025/030201) [2025] ZAGPJHC 316 (24 March 2025)
The High Court granted urgent interim relief ordering Emfuleni to restore electricity to the applicant’s premises after finding the disconnection unlawful.
Pedro v Department of Correctional Services and Others (C169/2021) [2024] ZALCCT 65 (18 December 2024)
The Labour Court ordered the bargaining council to issue a condonation ruling by 31 January 2025 and awarded costs after delay frustrated the dispute.
City of Tshwane Metropolitan Municipality v Glofurn (Pty) Ltd (136/2023) [2024] ZASCA 101 (19 June 2024)
The SCA held that Tshwane could not disconnect Glofurn’s electricity while an account dispute under s 102(2) of the Municipal Systems Act remained unresolved.
Body Corporate of Willow and Aloe Grove v City of Johannesburg and Another (41604/2020 ; 13541/2022) [2023] ZAGPJHC 1451 (11 December 2023)
The court held that the legislative scheme governing municipal credit control and dispute resolution creates binding obligations on both customers and municipalities. Customers must frame disputes clearly and engage in good faith, while municipalities must investigate and provide cogent written determinations. The court cannot interfere with the municipality's determination of account disputes or compel specific recalculations, as this would constitute an impermissible incursion into the contractual and administrative relationship. Judicial review is only available after exhaustion of interna…
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Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P) [2023] ZAKZPHC 63 (19 May 2023)
The court found that the respondents raised genuine disputes of fact regarding the alleged irregularities in the procedures leading up to the conference. The respondents' affidavits were corroborated by documentary evidence, including a final verification report, and addressed each complaint raised by the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version where disputes of fact existed. The applicants failed to establish that the conference was convened in breach of the ANC constitution or guidelines, or that their constitutional rights were infringed. Co…
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Scaw South Africa (Pty) Ltd v National Union of Metalworkers of Soth Africa and Others (Leave to Appeal) (J 296/2023) [2023] ZALCJHB 92 (17 April 2023)
The Labour Court refused leave to appeal, finding no repudiation of a collective agreement and confirming the strike remained unprotected for non-compliance.
SA National Roads Agency SOC Limited v Fountain Civil Engineering (Pty) Ltd and Another (395/2020) [2021] ZASCA 118 (20 September 2021)
The Supreme Court of Appeal held that the High Court erred in granting an interdict restraining SANRAL from making a claim under the unconditional performance guarantee pending arbitration. The contract provided for mediation and litigation, not arbitration, and the High Court had no power to amend the contract by ordering arbitration. The performance guarantee was unconditional, and SANRAL was entitled to claim under it regardless of disputes under the contract. Clause 4.2 did not require SANRAL to prove entitlement before making a demand, and the indemnity provision protected FCE against wr…
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Engelbrecht N.O. and Others v Rivella Trading and Investments (Pty) Ltd (17892/20) [2021] ZAGPJHC 434 (19 August 2021)
The High Court allowed an amendment, stayed a money claim, and referred a contract dispute to arbitration under a sales agreement’s arbitration clause.
Cindi Family v Minister of Rural Development and Land Reform and Others (LCC115/2008; LCC026/2007) [2021] ZALCC 7; 2021 (6) SA 133 (LCC) (19 May 2021)
The court ruled on how an inspection in loco minute should record observations, attributed statements, neutral headings, and disputed transcriptions in a land claims matter.
Kabylia Mini Market CC v City of Tshwane Metropolitan Municipality (45823/2019) [2020] ZAGPPHC 406 (4 August 2020)
The High Court confirmed a rule nisi ordering the City of Tshwane to restore electricity to Kabylia Mini Market CC and awarded attorney-and-client costs.
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