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South Africa Case Law

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Administrative Law [2024] ZALMPPHC 64

Kobe and Others v Premier of the Limpopo Province and Others (11377/2023)

Kobe and Others v Premier of the Limpopo Province and Others (11377/2023) [2024] ZALMPPHC 64 (10 July 2024)

The High Court confirmed an interim interdict stopping appointments of headman or headwoman in specified Bahananwa villages pending an SCA appeal.

  • Interdict Pendente Lite
  • Joinder
  • Traditional Leadership
  • Urgency
  • Balance Of Convenience
  • Interdict-pendente-lite
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Civil Procedure [2022] ZAGPPHC 974

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022)

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022) [2022] ZAGPPHC 974 (5 December 2022)

The court found that the urgency relied upon by the applicants was entirely self-created, arising from their own dilatory conduct in prosecuting multiple actions, arbitrations, and applications over several years. The applicants failed to advance their litigation with diligence, and the imminent sale of shares was a foreseeable event that could have been addressed earlier. The court held that there were no compelling interests of justice, such as fraud or collusion, to justify indulgence of the urgent application. The applicants' repeated changes of position and procedural manoeuvres amounted…

  • Self Created Urgency
  • Interdict Pendente Lite
  • Costs Award
  • Share Sale Dispute
  • Actio Pauliana
  • Delay In Litigation
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Labour Law [2021] ZALCJHB 182

National Union of Metal Workers of South Africa v Eskom Holdings SOC Ltd and Others (J735/21)

National Union of Metal Workers of South Africa v Eskom Holdings SOC Ltd and Others (J735/21) [2021] ZALCJHB 182; [2021] 10 BLLR 1049 (LC) (6 July 2021)

The Labour Court dismissed NUMSA’s urgent bid to stop Eskom implementing a final offer and changing conditions of service pending arbitration, finding no clear right and an adequate statutory remedy.

  • Interdict Pendente Lite
  • Unilateral Change Of Employment Terms
  • Collective Bargaining
  • Essential Services
  • Stare Decisis
  • Interest Arbitration
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Environmental Law [2018] ZAKZDHC 21

Upper Highway Air NPC v Enviroserve Waste Management (Pty) Ltd and Others (3692/2017)

Upper Highway Air NPC v Enviroserve Waste Management (Pty) Ltd and Others (3692/2017) [2018] ZAKZDHC 21 (21 June 2018)

The court refused a postponement and dismissed an urgent interdict against a landfill operator, holding that environmental regulators should continue managing the dispute.

  • Waste Management Licensing
  • Interdict Pendente Lite
  • Ministerial Discretion
  • Public Nuisance
  • Judicial Review
  • Balance Of Convenience
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Land And Property [2017] ZAECGHC 88

Hillside Safaris (Pty) Ltd v Afrika Plains Limited (2789/2017)

Hillside Safaris (Pty) Ltd v Afrika Plains Limited (2789/2017) [2017] ZAECGHC 88 (26 July 2017)

Urgent application for an interim interdict to preserve alleged traversal rights over Lilyvalley failed for lack of a prima facie right, urgency and joinder.

  • Interdict Pendente Lite
  • Conservancy Agreements
  • Traversal Rights
  • Joinder
  • Prima Facie Right
  • Urgent Application
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Civil Procedure [2017] ZAGPPHC 367

Nkosi v Van's Auctioneer and Another (9725/2017)

Nkosi v Van's Auctioneer and Another (9725/2017) [2017] ZAGPPHC 367 (21 June 2017)

The High Court dismissed an urgent interdict by an unrehabilitated insolvent to stop sale of estate property, finding fatal non-joinder and no suspension of execution.

  • Interdict Pendente Lite
  • Locus Standi
  • Joinder And Misjoinder
  • Insolvency Act Section 20
  • Leave To Appeal
  • Service Of Process
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Land And Property [2016] ZAKZDHC 16

Shanmugam v Peter N.O and Others (11638/2015)

Shanmugam v Peter N.O and Others (11638/2015) [2016] ZAKZDHC 16 (20 April 2016)

The court discharged an interim interdict stopping transfer of property, finding the sale agreement invalid for lack of authority, alternatively cancelled, and the claim prescribed.

  • Alienation Of Land Act
  • Liquidation Authority
  • Interdict Pendente Lite
  • Prescription
  • Contract Cancellation
  • Alienation-of-land
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Civil Procedure [2014] ZAGPJHC 333

Cecil N.O and Others v Bertulis and Another (04024/2014)

Cecil N.O and Others v Bertulis and Another (04024/2014) [2014] ZAGPJHC 333 (11 March 2014)

Liquidators obtained an urgent interdict restraining a respondent and Capitec Bank from dealing with insurance proceeds pending action to recover alleged impeachable payments.

  • Interdict Pendente Lite
  • Insolvency Act Sections 26 To 31
  • Liquidation Proceedings
  • Disposition Without Value
  • Urgent Application Procedure
  • Urgent-interdict
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Labour Law [2013] ZALCJHB 130

Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13)

Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13) [2013] ZALCJHB 130; [2013] 8 BLLR 816 (LC); (2013) 34 ILJ 2943 (LC) (28 February 2013)

The Labour Court granted urgent interim relief stopping SAPS promotions under a disputed equity agreement pending related main proceedings.

  • Employment Equity
  • Interdict Pendente Lite
  • Demographic Targets
  • Quota Systems
  • Right To Equality
  • Collective Agreements
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Administrative Law [2012] ZAWCHC 324

Western Cape Fresh Produce Crisis Committee v City of Cape Town (16925/12)

Western Cape Fresh Produce Crisis Committee v City of Cape Town (16925/12) [2012] ZAWCHC 324 (28 September 2012)

Urgent application for an interdict pending review of municipal demolition decisions was dismissed for lack of a clear right, delay, locus standi, and balance of convenience.

  • Municipal Bylaws
  • Interdict Pendente Lite
  • Locus Standi
  • Procedural Fairness
  • Costs Orders
  • Urgent-interdict
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.