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South Africa decisions
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Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025) [2025] ZALMPPHC 84 (25 April 2025)
The High Court dismissed a reconsideration application, holding that the affected party should have anticipated the return day under Rule 6(8), not used Rule 6(12)(c).
Unlawful Invaders of Portion 0 of the Township Fleurhof Ext 21 Erven 2887, 1946, 2948, 2953, 3004 v Fleurhof Ext 2 (Pty) Ltd and Others (2024/064315) [2024] ZAGPJHC 907 (9 September 2024)
High Court reconsidered and set aside an ex parte interdict against alleged occupiers, dismissed the non-joinder point, and struck off a mandamus counter-application.
National Director of Public Prosecutions v Mthombeni and Others (1188/2024) [2024] ZANWHC 209 (5 August 2024)
The court found that section 26 of POCA expressly authorises the NDPP to seek ex parte restraint orders over realisable property pending criminal prosecution. The Respondents' arguments regarding section 17 of POCA were misplaced, as that section deals with the conclusion of criminal proceedings, not the requirements for restraint orders. The NDPP was not required to prove the Respondents' guilt at this stage, only that there were reasonable grounds for believing a confiscation order may be made. The court held that the NDPP did not abuse its authority, as the previous decisions not to prosec…
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Rasegowa Trading and Projects CC and Another v Beyond Joint Venture (Pty) Ltd and Another (056029/2024) [2024] ZAGPPHC 681 (11 July 2024)
The High Court confirmed an ex parte interim order after finding that a close corporation member was fraudulently removed and that reconsideration was unwarranted.
National Director of Public Prosecutions v Omar (021718/2022) [2023] ZAGPJHC 1356 (22 November 2023)
The High Court dismissed a reconsideration application against a POCA preservation order over a truck, trailer, and cash, finding the truck and trailer were instrumentalities of the offence.
L.B.N v K.N - Ex Tempore (108047/2023) [2023] ZAGPJHC 1320 (25 October 2023)
An urgent ex parte application for guardianship and relocation of a minor child to Qatar was dismissed because the biological mother was not cited or given notice.
N.J.M v NBC Holdings (Pty) Limited and Others (2021/55545) [2023] ZAGPJHC 236 (16 March 2023)
The High Court ordered an attorney to pay costs de bonis propriis after persisting with a moot application after settlement and repeated warnings.
Mfebe v Minister Of Higher Education,Science And Technology and Others (J 1040/20) [2023] ZALCJHB 43 (6 March 2023)
Labour Court costs ruling after ex parte contempt proceedings and a defective bid to file further affidavits. Each party bore its own costs on the ex parte matter.
Mhlongo v Farraque and Others (43344/21) [2022] ZAGPPHC 64 (15 February 2022)
The High Court dismissed an application for leave to appeal, holding that the applicant had not shown reasonable prospects of success or another compelling reason.
National Director of Public Prosecutions (Ex Parte Application) (669/2020) [2021] ZASCA 142; 2022 (1) SACR 1 (SCA) (7 October 2021)
The Supreme Court of Appeal held that applications for preservation orders under section 38 of POCA are inherently urgent and do not require the applicant to establish urgency in the founding affidavit. The statutory framework of POCA and Uniform Rule 6(4)(a) provides for ex parte applications, and the practice directive of the Mpumalanga Division cannot override these provisions. The high court erred by treating the practice directive as having statutory force and by requiring the NDPP to make out a case for urgency. The appeal was upheld, and the NDPP was permitted to re-enroll the applicat…
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