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South Africa decisions
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Arnold v EOH Managed Services PS (PTY) Ltd and Others (24877/2021) [2022] ZAGPJHC 757 (27 September 2022)
The High Court dismissed an application to set aside a winding-up order and review a Master’s claim-allowance decision, finding no fraud-based basis for relief.
Baladkis N.O and Others v Jenzen and Another (8334/2021) [2022] ZAGPJHC 453 (4 July 2022)
The court found that the applicants, as innocent purchasers, cannot be held liable for historical municipal debts incurred by the seller. The municipality's reliance on the fraudulent clearance certificate to refuse opening a municipal account is misplaced, as the applicants complied with the sale agreement and the transfer was effected. The municipality failed to take action against the seller or investigate the fraud, and its attempt to recover the debt from the applicants is contrary to constitutional principles. The transfer of ownership stands, and the municipality is ordered to open a m…
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Kalefya v South African Fraud Prevention Services and Another (19492/20) [2022] ZAGPJHC 367 (12 May 2022)
The court found that the listing of the applicant by the first respondent was lawful and did not infringe any constitutional or statutory rights of the applicant. The second respondent acted in accordance with its statutory obligations under the National Credit Act and the SAFPS code of practice. There was no legal requirement to notify the applicant prior to listing for fraud, nor to involve him in the investigation. The applicant failed to provide evidence to support his claim that his rights were infringed, and did not pursue available remedies such as approaching the Ombudsman or National…
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Yuma v S (A09 / 2022) [2022] ZAMPMBHC 7 (3 February 2022)
High Court appeal against refusal of bail dismissed in a case involving alleged forged immigration documents and risk of evading trial.
Mathule v Kuisis and Another; In Re: Kuisis and Another v Free State Gambling, Liquor and Tourism Authority and Others (A118/2018) [2020] ZAFSHC 114 (25 June 2020)
The court accepted late filing due to the lockdown but found no reasonable prospects of success on appeal and dismissed the leave to appeal application with costs.
Hansen NO and Others v Woldegzibhere Trading as Yitbalek Trading Enterprise and Jobela 1000 Tavern and Others (306/2018) [2018] ZAECGHC 76 (28 August 2018)
The High Court refused leave to file further affidavits, finding the proposed zoning evidence fraudulent and untimely, and ordered punitive costs.
Naidoo v S (CC 27/2012) [2014] ZAGPPHC 97 (10 March 2014)
The High Court dismissed an application to lead further evidence on appeal in a murder and explosives case, finding the statutory requirements were not met.
Abraham and Another v Minister of Home Affairs (12515/2008) [2008] ZAGPHC 212 (4 July 2008)
The court found that the Applicants were illegal foreigners in possession of fraudulent temporary residence permits and had contravened the Immigration Act by taking employment while on visitor's permits without authorisation. The procedures followed by the Department of Home Affairs, including the decisions of the immigration officer, Director-General, and Minister, complied with the requirements of the Immigration Act and PAJA. The Applicants did not apply for exemption under Section 31, and the facts of the Littlewood case were distinguishable. The Minister's administrative action was lawf…
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