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South Africa decisions
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Bezuidenhout v Absa Bank Limited (NCT/292129/2023/141(1)(b)) [2025] ZANCT 21 (8 April 2025)
The National Consumer Tribunal dismissed a consumer’s section 141(1)(b) NCA application against ABSA, finding no NCA duty to supply the requested documents.
Eldo Village Home Owners Association (NPC) v Pfananani Phanuel Makuya (86467/2017) [2022] ZAGPPHC 614 (24 August 2022)
Interlocutory application postponed sine die pending disclosure of specified documents, with a reciprocal obligation to provide an occupation certificate and no costs order.
S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (Soc) Limited and Others (140/CAC/Mar16) [2017] ZACAC 2; [2017] 1 CPLR 65 (CAC) (28 April 2017)
The court dismissed an application to expand a prior order. It held the Competition Commission’s remit was limited to documents and did not include s 49A investigative powers.
Proconse Consulting Engineers (Pty) Limited v Intersite Property Management Services (Pty) Limited (22767/2011) [2014] ZAGPPHC 696 (26 August 2014)
The court found that the plaintiff had established good and strong reasons for postponement, particularly the need to obtain relevant documentation from third parties and the recent revelation regarding the cancellation of its contract due to lack of funding. Although the application was not made timeously, the interests of justice and fairness justified granting the postponement. The court also found that the plaintiff's conduct in delaying the application warranted an adverse costs order. The application for postponement was granted, with directions for the plaintiff to secure the necessary…
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Mahoko v Mangaung Metropolitan Municipality and Others (J878/13) [2013] ZALCJHB 63 (8 May 2013)
The applicant failed to establish a prima facie right to the relief sought, as the urgency was self-created and the delay in the disciplinary process did not constitute exceptional circumstances warranting intervention. The Municipality had applied for condonation as required, and the applicant did not object until much later. Legal representation was granted at the applicant's request, and reciprocal appointments by the Municipality were not exceptional. The requirement for a written complaint was not clearly breached, and any procedural fairness concerns could be addressed through alternati…
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Van Heerden and Others v Suidwes Landbou (Edms) Beperk and Another (370/2008) [2008] ZAFSHC 56 (26 June 2008)
The court found that the settlement agreement and cession established an agency relationship between the first applicant and the first respondent. As agent, the first respondent was obliged to account fully for its dealings with the maize, including providing all supporting documents and allowing inspection of its books. The applicants had established a sufficient basis for requiring access to the documents and information to protect their rights, both under the law of agency and the Constitution. The respondents' refusal to disclose the details and supporting documentation was unjustified. T…
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