South Africa Case Law

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149)

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149) [2025] ZAGPJHC 459 (14 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/081149

Judges

MABESELE, WILSON

Johannesburg Water (SOC) Ltd is an organ of state for purposes of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 because its exclusive function is the provision of water as a basic municipal service, a constitutional function under sections 27(1)(b) and 152(1)(b) of the Constitution. The fact that its powers are derived from legislation and not directly from the Constitution does not exclude it from the Act's definition. The Magistrate erred in dismissing the special plea; section 3 notice was required, and the action must be stayed pending condonation of…

Source excerpt

• Institution Of Legal Proceedings Against Certain Organs Of State Act
• Definition Of Organ Of State
• Municipal Services Liability
• Special Plea
• Condonation Of Notice Failure

Ramontja v Legal Aid South Africa (2021/44369)

Ramontja v Legal Aid South Africa (2021/44369) [2024] ZAGPJHC 1222 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/44369

Judge

M.M Mabesele

The High Court granted condonation for late notice against Legal Aid South Africa in a professional negligence claim arising from alleged failure to advise on appeal rights.

• Condonation
• Prescription Act Section 12 3
• Institution Of Legal Proceedings Against Certain Organs Of State Act
• Professional Negligence
• Late-notice
• Organ-of-state

Minister of Police v Sibuyi and Another (A52 / 2021)

Minister of Police v Sibuyi and Another (A52 / 2021) [2022] ZAMPMBHC 30 (12 May 2022)

Court

Mbombela High Court, Mpumalanga

Case number

A52 / 2021

Judges

TV Ratshibvumo, MF Legodi

The High Court upheld an appeal and granted rescission of a default judgment after finding the court a quo wrongly treated wilful default as required under Rule 49(8).

• Rescission Of Judgment
• Wilful Default
• State Liability Act
• Institution Of Legal Proceedings Against Certain Organs Of State Act
• Condonation
• Default Judgment