Anweskus Eiendome en Beherende Primere Kooperasie Beperk and Others v Agenbag and Others (2025/035918) [2025] ZAWCHC 186 (30 April 2025)
Court
Western Cape High Court, Cape Town
Case number
2025/035918
Judge
Lekhuleni
The High Court dismissed an urgent application challenging a co-operative’s leadership change, finding the urgency self-created and the special general meeting invalid.
Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others (1052/2023) [2025] ZASCA 9 (6 February 2025)
Court
Supreme Court of Appeal
Case number
1052/2023
Judges
Mocumie, Hughes, Weiner, Molefe, Chili
The Supreme Court of Appeal found that the respondents failed to establish actual harm or a reasonable apprehension of harm resulting from Kangra's mining and water use activities. The evidence showed that Kangra had operated the mine for over six years without any reduction in water or pollution, and the respondents relied only on speculative future harm. The expert report submitted by the respondents did not contradict Kangra's evidence or demonstrate any imminent threat. The Court held that the requirements for a final interdict were not satisfied, as the respondents did not prove the seco…
Speliti v NS Property Investments CC and Others (CA 2/2024) [2025] ZAECBHC 3 (28 January 2025)
Court
Eastern Cape High Court, Bhisho
Case number
CA 2/2024
Judges
Laing, Zono, Watt
The court held that the appellant failed to demonstrate a clear right to final relief under section 27(1) of the Alienation of Land Act. Although she paid more than 50% of the purchase price, the underlying contract of sale had already been cancelled by the first respondent, and there was no evidence that she ever demanded transfer. The appellant's assertion of full payment was not substantiated, and the receipts and transaction history supported the respondents' version. The court found no genuine dispute of fact warranting referral for oral evidence, as the appellant's allegations were unte…
Select PPE (Pty) Ltd v Holmes and Another (2024/115703) [2024] ZALCJHB 484 (3 December 2024)
Court
Labour Court Johannesburg
Case number
2024/115703
Judge
S Snyman
The court found that USP is not a competitor of SPPE, as USP is a manufacturer selling PPE to retailers and not to end-user customers, while SPPE is a retailer. SPPE failed to provide credible evidence that USP had expanded into retail or was competing for SPPE's customers. Applying the Plascon Evans rule, the version of USP's CEO was preferred. Holmes's employment at USP does not breach the restraint of trade covenant, as there is no competition or similarity in business. SPPE did not establish a protectable interest in trade connections, as Holmes had no customer relationships or influence.…
Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023) [2024] ZAGPPHC 1216 (26 November 2024)
Court
North Gauteng High Court, Pretoria
Case number
114156/2023
Judge
Baqwa
The court found that the applicants had established a clear right not to have their electricity supply disconnected pending the resolution of valid section 102 disputes regarding the lawfulness of municipal tariffs. The Kubushi judgment set aside the 2019/2020 tariffs, and the methodology used for subsequent years remains unresolved. The respondents cannot rely on tariffs declared unlawful and must comply with procedural fairness, including providing adequate notice and an opportunity for representations before disconnection. The applicants' litigation was not vexatious, as each application w…
Sanyanga v City of Johannesburg and Another (4506/22) [2024] ZAGPPHC 1374 (14 November 2024)
Court
North Gauteng High Court, Pretoria
Case number
4506/22
Judge
N V Khumalo
The court found that the applicants, as tenants, have locus standi to challenge the municipality's actions affecting their public law rights to municipal services, relying on Joseph v City of Johannesburg. The City failed to comply with procedural fairness requirements by not serving the pre-termination notice at a prominent place accessible to tenants, thus depriving them of an opportunity to engage or challenge the disconnection. The existence of unresolved billing disputes further justified the applicants' urgent approach and the granting of the interdict. The requirements for a final inte…
E.M v Minister of Home Affairs and Others (3153/2024) [2024] ZAECMHC 65 (27 August 2024)
Court
Eastern Cape High Court, Mthatha
Case number
3153/2024
Judge
Zono AJ
Urgent asylum and release application dismissed; the court held existing magistrates’ detention orders remained binding, and statutory requirements for asylum relief were unmet.
City of Tshwane Metropolitan Municipality v Glofurn (Pty) Ltd (136/2023) [2024] ZASCA 101 (19 June 2024)
Court
Supreme Court of Appeal
Case number
136/2023
Judges
Mbatha, Matojane, Tolmay, Smith, Bloem
The SCA held that Tshwane could not disconnect Glofurn’s electricity while an account dispute under s 102(2) of the Municipal Systems Act remained unresolved.
The Supreme Court of Appeal held that the High Court's order was final in effect and thus appealable, as it compelled the City to restore and continue supplying electricity to the Retail Park without ensuring payment of arrears or imposing reciprocal obligations on all owners. The order undermined the City's constitutional and statutory duty to collect revenue for services rendered and forced it to act contrary to its legal mandate. Vresthena, as an owner of sectional title units, had no contractual right to receive electricity directly from the City, and its remedy lay in compelling the body…
