South Africa Case Law

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC)

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC) [2024] ZAEC 31 (25 November 2024)

Court

Electoral Court

Case number

0032/24EC

Judges

Zondi, Adams, Mhlambi, Ntlama-Makhanya

The Electoral Court dismissed an application for condonation for a late leave-to-appeal request, finding the delay unexplained, non-joinder fatal, and no reasonable prospects of success.

• Electoral Dispute Resolution
• Condonation
• Joinder Of Interested Parties
• Free And Fair Elections
• Electoral-dispute-resolution
• Joinder-of-parties

Mlozana v Mangaung Metropolitan Municipality (2723/2022)

Mlozana v Mangaung Metropolitan Municipality (2723/2022) [2024] ZAFSHC 184 (14 June 2024)

Court

Free State High Court, Bloemfontein

Case number

2723/2022

Judges

P.E. Molitsoane, J.P. Daffue

The High Court dismissed a review seeking a permit to occupy an erf, holding that the current permit holder had to be joined and the applicant failed to prove residence.

• Promotion Of Administrative Justice Act
• Permit To Occupy
• Joinder Of Interested Parties
• Municipal Housing Policy
• Administrative-law
• Joinder

National Freedom Party v Electoral Commission of South Africa and Others (005/24EC)

National Freedom Party v Electoral Commission of South Africa and Others (005/24EC) [2024] ZAEC 7 (8 March 2024)

Court

Electoral Court

Case number

005/24EC

Judges

Zondi JA, Adams AJ, Yacoob AJ, Ntlama-Makhanya, Phooko

The Electoral Court dismissed an urgent bid to compel recognition of a party faction, finding fatal non-joinder, parallel proceedings, and no basis to revive the 2019 leadership.

• Party Leadership Dispute
• Joinder Of Interested Parties
• Status Quo Ante
• Urgent Electoral Relief
• Party-leadership-dispute
• Joinder-of-interested-parties

Lourenco and Another v Lourenco and Others (16945/2020)

Lourenco and Another v Lourenco and Others (16945/2020) [2023] ZAGPJHC 796 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16945/2020

Judge

Fisher

The High Court rescinded a default order declaring a disputed document the deceased’s will, finding interested parties were not notified and should have been joined.

• Rescission Of Judgment
• Joinder Of Interested Parties
• Wills Act
• Intestacy
• Executor Fiduciary Duties
• Rescission-of-judgment

Van Rensburg v Germishuizen (30488/2019)

Van Rensburg v Germishuizen (30488/2019) [2022] ZAGPJHC 975 (12 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

30488/2019

Judge

A A Crutchfield

The court found that the settlement agreement was valid and enforceable, as both parties entered into it voluntarily and knowingly, with the respondent having made amendments and proposals. The agreement did not contain unlawful or illegal provisions, and the inclusion of terms not originally claimed in the action proceedings was immaterial to its validity. The absence of joinder of the bond holder and pension fund administrator was not fatal, as the agreement did not bind third parties and only created personal rights between the parties. Allegations of duress and misrepresentation were unsu…

Source excerpt

• Enforcement Of Settlement Agreement
• Universal Partnership
• Joinder Of Interested Parties
• Spousal Maintenance
• Pension Fund Interest
• Contractual Validity

Jokozela v Ngece and Another (CA137/2014)

Jokozela v Ngece and Another (CA137/2014) [2017] ZAECGHC 54 (13 April 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA137/2014

Judges

B Hartle, P T Mageza

The magistrate erred by dismissing both the point in limine and the eviction application without affording the parties procedural fairness. The appellant introduced a new claim for declaratory relief regarding the legality of the sale at the last minute, prejudicing the first respondent, who was denied an opportunity to respond. The failure to join the provincial housing department, a party with a direct interest due to the restrictive clause, further compromised the proceedings. The court held that the first respondent's objection to the point in limine should have been upheld, the appellant…

Source excerpt

• Prevention Of Illegal Eviction Act
• Housing Act Section 10a
• Eviction Procedure
• Joinder Of Interested Parties
• State Subsidised Housing
• Procedural Fairness

Absa Bank Limited v WH Construction (Pty)Ltd and Others (14730/2011)

Absa Bank Limited v WH Construction (Pty)Ltd and Others (14730/2011) [2016] ZAGPPHC 585 (13 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

14730/2011

Judge

Manamela

The court held that, although the Bank had satisfied the procedural requirements for execution under rule 46(1)(a)(ii), several substantive concerns precluded the granting of the order. The property in question is the primary residence of Mr Marx and his family, and only a 50% share is held by the judgment debtor, with the other half owned by Mrs Marx, who was not joined as a party. The court found that Mrs Marx has a direct and substantial interest in the proceedings and must be joined. Furthermore, the financial feasibility and practical implications of selling only a half share in the prop…

Source excerpt

• Rule 46 Execution
• Primary Residence Protection
• Suretyship Liability
• Joinder Of Interested Parties
• Magistrates Court Debtors Enquiry

Dean of the Law Faculty of the University of North West and Others v Masisi (297/2013)

Dean of the Law Faculty of the University of North West and Others v Masisi (297/2013) [2014] ZASCA 2; 2014 (6) SA 61 (SCA) (20 February 2014)

Court

Supreme Court of Appeal

Case number

297/2013

Judges

NAVSA, MHLANTLA, PETSE, VAN ZYL, SWAIN

The Supreme Court of Appeal set aside an Equality Court order attacking university credit rules and remitted the matter for a fresh hearing with interested parties joined.

• Equality Court Jurisdiction
• Unfair Discrimination
• Ministerial Intervention
• Academic Credit Transfer
• Joinder Of Interested Parties
• Academic-credit-transfer

MEC of the Department of Education, Eastern Cape v Gqebe (PA6/06)

MEC of the Department of Education, Eastern Cape v Gqebe (PA6/06) [2009] ZALAC 2; [2009] 9 BLLR 896 (LAC); (2009) 30 ILJ 2388 (LAC) (8 May 2009)

Court

Labour Appeal Court

Case number

PA6/06

Judges

S S V Khampepe, S Patel, P Tlatetsi

The Labour Appeal Court held that the Labour Court could not set aside an arbitration award that was not challenged or properly placed before it.

• Arbitration Award Enforcement
• Conditional Reinstatement
• Joinder Of Interested Parties
• Alternative Relief Prayer
• Arbitration-award-enforcement
• Conditional-reinstatement

Body Corporate of Caroline Court (505/99)

Body Corporate of Caroline Court (505/99) [2001] ZASCA 89; [2002] 1 All SA 49 (A); 2001 (4) SA 1230 (SCA) (12 September 2001)

Court

Supreme Court of Appeal

Case number

505/99

Judges

Vivier, Olivier, Schutz, Navsa, Cloete

The Supreme Court of Appeal held that a body corporate’s ex parte winding-up application was procedurally defective because interested parties were not heard.

• Sectional Titles Act
• Winding Up Of Body Corporate
• Joinder Of Interested Parties
• Ex Parte Applications
• Sectional-titles-act
• Winding-up-of-body-corporate