South Africa Case Law

Tshepo Gugu CC v City of Ekurhuleni Metropolitan Municipality and Another (A5073/2021; 2020/21400)

Tshepo Gugu CC v City of Ekurhuleni Metropolitan Municipality and Another (A5073/2021; 2020/21400) [2022] ZAGPJHC 776 (13 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5073/2021; 2020/21400

Judges

Molahlehi, Adams, Mahalelo

The court found that the municipality unlawfully interfered with the appellant's peaceful possession of the billboard. The defence of impossibility to restore possession was not properly pleaded in the answering affidavit and was raised only in heads of argument, which is impermissible in motion proceedings. The factual record did not support the finding that the billboard had been destroyed; rather, it had been dismantled, and restoration was possible. The issue of dispossession was not moot, as the regularisation application had not been determined by the municipality before the expiry of t…

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• Mandament Van Spolie
• Spoliation Order
• Impossibility Defence
• Municipal By Laws
• Restoration Of Possession

Cloete and Others v S (A106/2019)

Cloete and Others v S (A106/2019) [2019] ZAFSHC 247; 2020 (1) SACR 317 (FB) (19 December 2019)

Court

Free State High Court, Bloemfontein

Case number

A106/2019

Judges

Mhlambi, Murray

The court found that the appellants were faced with an emergency situation where the survival of the cubs was at stake and statutory compliance was objectively impossible due to the cubs' age and health. The evidence established that permits could not be obtained because microchipping was required, but not feasible for newborn cubs. The defence of impossibility was accepted regarding the permit requirements. The court further held that the defence of necessity applied, as the appellants acted to protect the lives of the cubs, which outweighed the interest in strict statutory compliance. The e…

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• Necessity Defence
• Impossibility Defence
• Protected Species Permit
• Failure To Report
• Animal Welfare
• Statutory Compliance

S v Alex Cartage (Pty) Ltd t/a Alex Carriers and Another (64/87)

S v Alex Cartage (Pty) Ltd t/a Alex Carriers and Another (64/87) [1988] ZASCA 106 (23 September 1988)

Court

Supreme Court of Appeal

Case number

64/87

Judges

Hefer, Milne, Eksteen

The court held that most of a shipment of spare parts was not covered by the permit and rejected an impossibility defence based on the cost of unpacking.

• Road Transportation Act
• Statutory Interpretation
• Onus Of Proof
• Impossibility Defence
• Road-transportation-act
• Statutory-interpretation