South Africa Case Law

Ngoveni and Another v Premier of Limpopo Province and Others (1603/2020)

Ngoveni and Another v Premier of Limpopo Province and Others (1603/2020) [2024] ZALMPTHC 5 (29 January 2024)

Court

Limpopo High Court, Thohoyandou

Case number

1603/2020

Judge

M S Monene

The court dismissed a condonation application for a late review of traditional leadership recognition decisions, finding the delay unexplained and prospects of success poor.

• Condonation
• Review Of Administrative Action
• Promotion Of Administrative Justice Act
• Delay In Instituting Review
• Jurisdictional Factors
• Interests Of Justice

Botha v Ungerer (2022/045068)

Botha v Ungerer (2022/045068) [2023] ZAGPJHC 142 (15 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/045068

Judge

S C Mia

Urgent application for interim spousal maintenance and estate-related relief dismissed for lack of a formal claim and urgency.

• Maintenance Of Surviving Spouses Act
• Urgent Interdict
• Estate Administration
• Non Joinder
• Jurisdictional Factors
• Maintenance-of-surviving-spouses-act

Nel v South African Veterinary Council (33971/22)

Nel v South African Veterinary Council (33971/22) [2022] ZAGPPHC 679 (9 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

33971/22

Judge

Kooverjie

The High Court dismissed a late review of a veterinarian’s deregistration because no condonation was sought or explained, despite arguments on the merits.

• Condonation For Delay
• Administrative Action
• Promotion Of Administrative Justice Act
• Unreasonable Delay
• Jurisdictional Factors
• Condonation-for-delay

Liphosa v Firstrand Bank Limited t/a Westbank (70343/2020)

Liphosa v Firstrand Bank Limited t/a Westbank (70343/2020) [2021] ZAGPPHC 747 (8 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

70343/2020

Judge

Kooverjie

The High Court dismissed an application to rescind summary judgment, finding no basis for Rule 42 relief and no proof that the judgment was erroneously granted.

• Rescission Of Judgment
• Summary Judgment
• Rule 42
• Default Judgment
• Jurisdictional Factors
• Rescission-of-judgment

Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19)

Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4; (2020) 41 ILJ 1287 (CC); 2020 (6) BCLR 657 (CC); 2020 (4) SA 1 (CC); [2020] 9 BLLR 851 (CC) (20 March 2020)

Court

Constitutional Court

Case number

CCT 170/19

Judges

Khampepe ADCJ, Froneman J, Jafta J, Madlanga J, Mathopo AJ, Theron J, Tshiqi J, Victor AJ

The Constitutional Court held that SANDF employment was never validly terminated under section 59(1)(d) after the applicant’s conviction and sentence were overturned on appeal.

• Termination Of Employment
• Defence Act Interpretation
• Fair Labour Practices
• Right To Appeal
• Jurisdictional Factors
• Automatic Reinstatement

Qwaba v Minister of Safety and Security (CA&R58/2017)

Qwaba v Minister of Safety and Security (CA&R58/2017) [2018] ZAECMHC 32 (12 June 2018)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R58/2017

Judges

S M Mbenenge, B Hartle, V Kunju

The arresting officer did not establish or hold a suspicion that the appellant inflicted a dangerous wound as required by Schedule 1 of the Criminal Procedure Act. The officer relied on general allegations and failed to investigate the nature and seriousness of the wound prior to arrest. The jurisdictional facts for a lawful warrantless arrest were not present. The court a quo erred in finding the arrest and detention lawful. Furthermore, the malicious prosecution claim was properly consolidated and included in the pre-trial orders, and the court a quo erred in failing to determine it on the…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Section 40 Criminal Procedure Act
• Dangerous Wound
• Jurisdictional Factors