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South Africa decisions
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Magerman v Ekurhuleni Metropolitan Municipality (42681/21) [2023] ZAGPPHC 653 (4 August 2023)
The High Court dismissed an urgent application for an interim interdict and mandamus after finding the municipality’s resolution covered only a portion of the building.
Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others (710/19) [2020] ZASCA 132 (19 October 2020)
The Supreme Court of Appeal held that a power of attorney granted as security for a debt was irrevocable until the debt was repaid, and upheld the appeal.
Tlhagwane v Sedcom Incorporated (Association not for gain) and Others (13726/2013) [2013] ZAGPPHC 274 (5 September 2013)
The court found that the applicant failed to establish a real threat or infringement of his rights as a member of the church. The objective facts, including payment of the deposit and provision of guarantees by the purchaser, demonstrated that the property would not be transferred without compensation. The applicant's interpretation of the resolution was incorrect, and there was no basis for the relief sought. Consequently, the requirements for a final interdict were not met, and the application was dismissed.
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