South Africa Case Law

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023)

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023) [2024] ZAWCHC 43 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

9318/2022; EC08/2023

Judge

J Cloete

The court found that the relief granted in September 2023 was not final in substance, despite its fixed duration, as it did not finally determine the parties' rights and allowed for further developments to be considered at a subsequent hearing. The order was not vague or arbitrary, as it clearly excluded statutory reporting obligations and did not prevent the bank from terminating accounts for reasons other than those stated in the termination letters. The applicants established a prima facie right to interim relief, particularly under section 22 of the Constitution, and conflicting decisions…

Source excerpt

• Interim Interdict
• Bank Account Closure
• Freedom Of Trade
• Structural Interdict
• Final Vs Interim Relief
• Constitutional Rights

AB v Commissioner for the South Revenue Service (35476)

AB v Commissioner for the South Revenue Service (35476) [2022] ZATC 9; 85 SATC 377 (23 August 2022)

Court

Tax Court

Case number

35476

Judge

Manoim

The court held that it does not have the power to refer the matter back to SARS for further examination and assessment before the appeal hearing has commenced. Section 129(2)(c) of the Tax Administration Act only permits such referral after the appeal has been heard. The relief sought by SARS is final in effect, as any new assessment would have immediate consequences for the taxpayer and would not be reconsidered in the main proceedings. The absence of pleadings and disputed facts further precludes the granting of the relief at this stage. The point in limine raised by SARS therefore fails.

Source excerpt

• Tax Administration Act
• Referral Back To Commissioner
• Point In Limine
• Final Vs Interim Relief

Rena Business Solutions (Pty) Ltd v Rangwaga and Another; In re: Rangwaga v Rena Business Solutions (Pty) Ltd (J2383/16)

Rena Business Solutions (Pty) Ltd v Rangwaga and Another; In re: Rangwaga v Rena Business Solutions (Pty) Ltd (J2383/16) [2017] ZALCJHB 159 (9 May 2017)

Court

Labour Court Johannesburg

Case number

J2383/16

Judge

S Snyman

The Labour Court dismissed an urgent application for interim relief and rescission, finding no urgency, no acceptable explanation for delay, and no basis for condonation.

• Urgency In Motion Proceedings
• Rescission Of Judgment
• Condonation For Late Filing
• Final Vs Interim Relief
• Labour-law
• Urgent-applications

Public Servants Association of SA and Another v Minister of Home Affairs and Others (J1673/16)

Public Servants Association of SA and Another v Minister of Home Affairs and Others (J1673/16) [2016] ZALCJHB 439 (22 November 2016)

Court

Labour Court Johannesburg

Case number

J1673/16

Judge

S Snyman

The Labour Court struck an urgent application off the roll, finding the challenge to salary deductions was not urgent and the urgency was self-created.

• Urgent Interdict
• Salary Deductions
• Public Service Act
• Self Created Urgency
• Final Vs Interim Relief
• Urgent-interdict

Shamla Chetty t/a Nationwide Electrical v TBP Building and Civils (Pty) Ltd and Another (13677/2010)

Shamla Chetty t/a Nationwide Electrical v TBP Building and Civils (Pty) Ltd and Another (13677/2010) [2011] ZAKZDHC 67 (8 June 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

13677/2010

Judge

Steyn

The court dismissed an application for production of payment certificates, holding that a contractual dispute had arisen and had to go to arbitration.

• Arbitration Clause Enforcement
• Building Contract Dispute
• Interim Payment Certificates
• Onus Of Proof
• Final Vs Interim Relief
• Arbitration-clause