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South Africa decisions
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Aspen Pharmacare v Makhari (JA70/22) [2024] ZALAC 45; [2024] 12 BLLR 1234 (LAC); (2025) 46 ILJ 295 (LAC) (7 October 2024)
The Labour Appeal Court dismissed Aspen Pharmacare’s appeal, upholding condonation for a late statement of claim and finding no basis to interfere with the Labour Court’s discretion.
San Ridge Rental Property (PTY) LTD v The Municipal Manager: City of Johannesburg Metropolitan Municipality (11550/20) [2022] ZAGPJHC 339 (18 May 2022)
The court found that the applicant's dwellings were excluded from the 'multiple dwelling' category under the tariff policy due to the specific exclusion for 'block of flats', which, interpreted in light of the Interpretation Act, includes the plural. The respondents failed to provide evidence or reasons for the classification decision, and the review was properly directed at the administrative act rather than legislative authority. The court held that, although only two relevant categories were defined ('multi-dwelling' and 'flat'), the exclusion for 'block of flats' applied to the applicant'…
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Bouwer v Attorneys Fidelity Fund and Another (88030/2018) [2020] ZAGPPHC 79 (29 January 2020)
The High Court ordered the Attorneys Fidelity Fund to pay R1 million for stolen trust money, holding that the applicant’s accrued right was enforceable under the Legal Practice Act.
Firstrand Bank Limited v Shabangu and Others; Mahomed v Road Accident Fund and Others (2018/43336; 284/2019) [2019] ZAGPJHC 267; 2020 (1) SA 155 (GJ) (16 August 2019)
The court held that the amended rule 32, which requires summary judgment applications to be brought only after delivery of a plea, is procedural in nature and does not impair any substantive rights or obligations of the parties. The Interpretation Act 33 of 1957 provides that amendments to laws or rules, as opposed to repeals, take effect from the date of operation and apply to all matters adjudicated thereafter. The common law principle that procedural amendments apply retrospectively unless substantive rights are affected was affirmed. The court found that the new rule enhances fairness and…
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Du Raan v Fedbond Nominees (Pty) Ltd and Another (47785/2009) [2018] ZAGPPHC 112 (2 March 2018)
Leave to appeal was refused because the applicant did not show reasonable prospects of success. The court held the 2009 judgment remained enforceable and Rule 66(1) repeal did not defeat execution.
Famous Brands Management Company (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR738/16) [2016] ZALCJHB 290; [2016] 12 BLLR 1217 (LC); (2016) 37 ILJ 2857 (LC) (29 July 2016)
Labour Court held that the CCMA may arbitrate a collective unfair discrimination dispute under section 10(6)(aA) of the EEA.
Masindi v Road Accident Fund (21738/2014) [2015] ZAGPJHC 112 (12 June 2015)
The court held that the silence of Section 23(3) of the Road Accident Fund Act regarding the last day of the prescription period falling on a public holiday necessitates the application of Section 4 of the Interpretation Act 33 of 1957. This provision ensures that if the last day falls on a public holiday, it is excluded and the following day is included. The court rejected the defendant's argument that the plaintiff should have served summons before the public holiday, as this would deprive the plaintiff of the full prescribed period and result in an unjust and unintended outcome. The court…
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Ex Parte: Afena Capital (Pty) Ltd and Others (21395/2012) [2012] ZAWCHC 186 (15 November 2012)
The court held that the applicants’ right to seek validation of the irregular creation, allotment, and issue of shares under section 97 of the Companies Act 61 of 1973 was preserved by section 12(2) of the Interpretation Act 33 of 1957, despite the repeal of the 1973 Act and the absence of a direct equivalent remedy in the Companies Act 71 of 2008. Item 13 of Schedule 5 to the 2008 Act does not provide a general savings provision for such remedies, as it is limited to investigations and prosecutions. The relief sought by the applicants, including validation of share capital changes, related t…
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S v Manganye (A48/2007) [2008] ZAGPHC 294 (25 September 2008)
The court found that the murder was premeditated and committed in cold blood, with the appellant showing no remorse and acting alone. No substantial and compelling circumstances were identified to justify a lesser sentence for murder or robbery with aggravating circumstances. Regarding the unlawful possession of a firearm, the court held that the Arms and Ammunition Act 75 of 1969 was still in force at the time of the offence and the appellant's plea, and the repeal by the Firearms Control Act 60 of 2000 did not retrospectively invalidate the conviction or sentence. However, the sentence of 1…
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Standard Bank of South Africa v Kara and Another (527/2008) [2008] ZAFSHC 48 (19 June 2008)
The court held that the period for entering an appearance to defend under section 27 of the Supreme Court Act must be calculated as calendar days, not court days, in accordance with section 4 of the Interpretation Act. The applicants' reliance on constitutional equality and access to courts did not alter the established legal position, as the legislation already affords more days to litigants outside the jurisdiction, which is not discriminatory. The applicants failed to show that the judgment was erroneously sought or granted, as their calculation was incorrect and the default judgment was p…
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