South Africa Case Law

Consolidated Aone Trade and Invest 6 (Pty) Ltd (In Liquidation) v Gearwise Properties CC and Others (D3200/2020)

Consolidated Aone Trade and Invest 6 (Pty) Ltd (In Liquidation) v Gearwise Properties CC and Others (D3200/2020) [2021] ZAKZDHC 29 (30 July 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D3200/2020

Judge

Lopes

The High Court granted Aone leave to intervene in Gearwise’s review application, finding that Aone had a direct and substantial interest despite disputed expunged claims.

• Intervention In Proceedings
• Creditor Status In Liquidation
• Judicial Review Under Paja
• Condonation For Late Filing
• Leave-to-intervene
• Judicial-review

Macgregor and Another v Janse Van Rensburg And Others; In re: Janse Van Rensburg and Another v Commissioner of Child Welfare, Springs and Others (2015/04647)

Macgregor and Another v Janse Van Rensburg And Others; In re: Janse Van Rensburg and Another v Commissioner of Child Welfare, Springs and Others (2015/04647) [2016] ZAGPJHC 138 (13 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/04647

Judge

L Adams

The High Court granted paternal grandparents leave to intervene in proceedings over parental rights and duties concerning their minor grandchild.

• Intervention In Proceedings
• Parental Rights And Duties
• Joinder Of Parties
• Children S Act
• Direct And Substantial Interest
• Intervention-in-proceedings

Industrial Development Corporation v Bell and Others (971/2016)

Industrial Development Corporation v Bell and Others (971/2016) [2016] ZAFSHC 112 (12 May 2016)

Court

Free State High Court, Bloemfontein

Case number

971/2016

Judge

Mocumie

The High Court granted the IDC leave to intervene in sequestration proceedings, held the matter urgent, and extended the provisional sequestration order.

• Intervention In Proceedings
• Urgent Application
• Locus Standi
• Sequestration
• Costs In Sequestration
• Intervention-in-proceedings

AMCU v Verulam Sawmills (Pty) Ltd and Another; In re: Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015)

AMCU v Verulam Sawmills (Pty) Ltd and Another; In re: Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015) [2015] ZAGPPHC 991; (2016) 37 ILJ 1325 (GP) (4 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

82258/2015

Judge

Msimeki

The court allowed AMCU to intervene, held the employees were still on strike, found the High Court lacked jurisdiction, and dismissed the urgent application with costs.

• Strike Definition
• Jurisdiction Of High Court
• Intervention In Proceedings
• Protected Strike
• Urgency
• Alternative Remedies

Regional Land Claims Commissioner and Others v Jazz Spirit 12 (Pty) Ltd and Others (LCC26/10)

Regional Land Claims Commissioner and Others v Jazz Spirit 12 (Pty) Ltd and Others (LCC26/10) [2015] ZALCC 15 (11 September 2015)

Court

Land Claims Court

Case number

LCC 26/10

Judge

M J Mpshe

The court found that SARDA failed to demonstrate a direct and substantial interest in the subject-matter of the litigation, as the land claim concerned the Sadien family and the state, and SARDA was not involved in the original claim nor was its rights affected by the relief claimed. The court distinguished the Emfuleni Resorts case, noting that in that matter, the intervening party had a clear interest in the property awarded, unlike SARDA in the present case. Section 35(9) of the Restitution of Land Rights Act only provides for compensation to lawful occupiers and does not confer standing t…

Source excerpt

• Intervention In Proceedings
• Direct And Substantial Interest
• Restitution Of Land Rights Act
• Condonation For Late Filing

Information Technology Consultants (Pty) Ltd v National Credit Regulator and Others; In Re: National Credit Regulator v Du Plessis N.O. and Another (NCT/8616/2013/57(1)(P))

Information Technology Consultants (Pty) Ltd v National Credit Regulator and Others; In Re: National Credit Regulator v Du Plessis N.O. and Another (NCT/8616/2013/57(1)(P)) [2014] ZANCT 29 (7 August 2014)

Court

National Consumer Tribunal

Case number

NCT/8616/2013/57(1)(P)

Judge

B. Dumisa

The Tribunal granted Intecon leave to intervene in a National Credit Act cancellation matter, holding that it had a material interest in the issues.

• Intervention In Proceedings
• Material Interest
• Joinder Vs Intervention
• National Credit Act
• Credit Provider Registration
• Intervention-in-proceedings

Nedbank Ltd v Cunningham (20905/2011)

Nedbank Ltd v Cunningham (20905/2011) [2012] ZAWCHC 89 (9 May 2012)

Court

Western Cape High Court, Cape Town

Case number

20905/2011

Judge

Weinkove

The High Court granted leave to appeal in a sequestration matter after changed circumstances created an anomalous position over a jointly owned asset.

• Sequestration
• Leave To Appeal
• Intervention In Proceedings
• Leave-to-appeal
• Intervention-in-proceedings
• Civil-procedure

Jazz Spirit 1060 CC v Diversified Properrties 2 (Pty) Ltd (831/2009)

Jazz Spirit 1060 CC v Diversified Properrties 2 (Pty) Ltd (831/2009) [2010] ZAECMHC 28 (21 October 2010)

Court

Eastern Cape High Court, Mthatha

Case number

831/2009

Judge

C Plasket

The court found that the applicant failed to establish a direct and substantial interest in the eviction proceedings between the respondent and Chenaub Supermarket CC. On the applicant's own version, if a lease existed with the respondent, its occupation would not be affected by the eviction order against Chenaub Supermarket CC. On the respondent's version, which the court accepted in the absence of a written lease and in accordance with the Plascon-Evans rule, the applicant could only have occupied the premises as a sub-lessee, which was expressly prohibited without written consent. The auth…

Source excerpt

• Intervention In Proceedings
• Eviction
• Direct And Substantial Interest
• Attorney And Client Costs

V v V and Others (2003/20813, 2007/9126)

V v V and Others (2003/20813, 2007/9126) [2009] ZAGPJHC 114 (29 April 2009)

Court

South Gauteng High Court, Johannesburg

Case number

2003/20813, 2007/9126

Judge

P.A. Meyer

The court granted Mr V leave to intervene in relocation and access proceedings concerning two children, requiring him to file an affidavit on his intended evidence and related allegations.

• Custody And Access
• Relocation Of Minor Children
• Intervention In Proceedings
• Best Interests Of Child
• Intervention-in-proceedings
• Child-relocation