South Africa Case Law

Mulaudzi v Minister of Human Settlements and Others (22/12774)

Mulaudzi v Minister of Human Settlements and Others (22/12774) [2022] ZAGPJHC 270 (22 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22/12774

Judge

Siwendu

The High Court held that the Minister could appoint the PPRA Board before the Property Practitioners Act commenced, relying on section 14 of the Interpretation Act. The urgent application was dismissed with costs.

• Ultra Vires Appointment
• Principle Of Legality
• Precautionary Suspension
• Jurisdiction Of High Court
• Interpretation Act Application
• Administrative-law

S v Marinus en Anders (SS27/2006)

S v Marinus en Anders (SS27/2006) [2010] ZAWCHC 363 (25 February 2010)

Court

Western Cape High Court, Cape Town

Case number

SS27/2006

Judge

Veldhuizen R

Trial judgment on drug trafficking and abalone possession charges. One accused was acquitted for lack of corroboration; the others were convicted on the main counts.

• Drug Trafficking
• Possession Of Illicit Substances
• Marine Resources Protection
• Interpretation Act Application
• Statutory Presumptions
• Constitutional Invalidity

Transnet Ltd. v Ngcezula (288/93)

Transnet Ltd. v Ngcezula (288/93) [1994] ZASCA 192; 1995 (3) SA 538 (AD); [1995] 2 All SA 111 (A) (30 November 1994)

Court

Supreme Court of Appeal

Case number

288/93

Judges

Botha, Van Heerden, Hefer, Nienaber, Howie

The Supreme Court of Appeal held that the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 did not retrospectively extinguish the accrued rights and obligations of the parties. Both the right of Transnet (as successor to SATS) to resist the claim due to late lodging, and the respondent's right to apply for special leave, survived the repeal by virtue of section 12(2) of the Interpretation Act 33 of 1957. The court found that the respondent had demonstrated special circumstances for her delay, namely her severe injuries and inability to instruct her attorney, and…

Source excerpt

• Statutory Time Bar
• Special Leave To Lodge Claim
• Interpretation Act Application
• Succession Of Liabilities
• Procedural Vs Substantive Law