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South Africa decisions
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Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)
The Special Tribunal granted an interim interdict preserving a respondent’s pension benefits pending SIU recovery proceedings over a fraudulent grant payment.
Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021) [2024] ZAGPPHC 287 (19 March 2024)
The court found that the Winter Cereal Trust was incapacitated from acting in litigation due to having fewer than the minimum number of trustees required by its trust deed. The applicants, acting as trustees, could not lawfully institute proceedings or mandate attorneys without a properly constituted trustee body and valid resolutions. The purported authority given to Bokwa Law Incorporated was invalid, and the applicants failed to demonstrate compliance with the trust deed or joint action as required by law. The notice of substitution of parties was defective, as it was filed after the comme…
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Essence Lading CC v Infiniti Insurance Ltd Mediterranean Shipping Company (Pty) Ltd (2022/4024) [2023] ZAGPJHC 676; [2023] 3 All SA 410 (GJ); 2024 (2) SA 407 (GJ) (9 June 2023)
The High Court held that a wrong-defendant citation could not be fixed by Rule 28 without proper notice to the new party, and dismissed the amendment application.
Ruselo v Sutherland Transport and Others (PA3/20) [2022] ZALAC 1; [2022] 4 BLLR 347 (LAC); (2022) 43 ILJ 1320 (LAC) (18 January 2022)
The Labour Appeal Court upheld enforcement of an arbitration award entered under a trade name, holding the award binding on the Sutherland Employment Trust and its trustees.
Khumalo and Others v Grafcor Farming (Pty) Limited and Another (LCC128/2015) [2016] ZALCC 16 (16 September 2016)
The Land Claims Court postponed an interlocutory application because the proposed substituted respondent, a trust, had not been properly served.
MEC for Safety and Security (Eastern Cape Province) v Mtokwana (339/09) [2010] ZASCA 88; 2010 (4) SA 628 (SCA) ; [2010] 4 All SA 583 (SCA) (31 May 2010)
The Supreme Court of Appeal held that the respondent's attempt to substitute the Minister for the MEC as defendant was procedurally invalid, as neither the Minister nor the State Attorney was served with the amended summons or notice of amendment. The High Court erred in reasoning that the MEC's attorney could accept service on behalf of the Minister and in condoning the irregularity. The respondent's claim against the Minister had prescribed by the time substitution was attempted, and the failure to follow proper procedures for joinder or substitution was fatal. The Magistrate was correct in…
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