South Africa Case Law

Makhathini Medical Waste (Pty) Ltd v MEC for Health, Kwazulu-Natal and Others (8721/2021)

Makhathini Medical Waste (Pty) Ltd v MEC for Health, Kwazulu-Natal and Others (8721/2021) [2022] ZAKZPHC 82 (7 December 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8721/2021

Judge

E Bezuidenhout

The court granted Buhle Waste leave to intervene in a tender review, but only concerning Area 2 of the medical waste contract award.

• Tender Review
• Leave To Intervene
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Joinder And Non Joinder
• Exhaustion Of Internal Remedies

Lebea v Menye and Another (CCT 182/20)

Lebea v Menye and Another (CCT 182/20) [2022] ZACC 40; 2023 (3) BCLR 257 (CC) (29 November 2022)

Court

Constitutional Court

Case number

CCT 182/20

Judges

Zondo, Madlanga, Majiedt, Mhlantla, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that the applicant, as a witness who was not a party to the proceedings, did not have a direct and substantial interest in the order made by the Magistrates’ Court. His interest was limited to the adverse credibility finding, which is not sufficient to justify intervention under rule 28(1) of the Magistrates’ Court Rules. The Court reaffirmed that appeals lie only against orders, not against reasons or findings, and that broadening the test for intervention would have far-reaching and undesirable consequences for the administration of justice. The Court declined…

Source excerpt

• Direct And Substantial Interest
• Leave To Intervene
• Human Dignity
• Magistrates Court Rules
• Common Law Development

Money Global (Pty) Ltd t/a Aviation Sales International; Cassim N.O and Another v Coetzee WPN N.O and Others (2022-018324)

Money Global (Pty) Ltd t/a Aviation Sales International; Cassim N.O and Another v Coetzee WPN N.O and Others (2022-018324) [2022] ZAGPPHC 729 (30 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-018324

Judge

van der Westhuizen

The High Court set aside ex parte orders affecting a Huey helicopter, granted Money Global leave to intervene, and ordered the attachment uplifted.

• Urgent Interdict
• Ownership Dispute
• Leave To Intervene
• Attachment Of Property
• Collusive Disposition
• Liquidation Proceedings

Aboodla in Re Absa Bank Limited v Patel (29586/2019), Ex parte

Aboodla in Re Absa Bank Limited v Patel (29586/2019), Ex parte [2019] ZAGPJHC 447 (18 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

29586/2019

Judge

HW Sibuyi

The court found Abdoola failed to prove she was a creditor of Patel, as there was no sale agreement or evidence of payments towards the alleged debt. Her interest in the property as a residence did not constitute a legal interest in the sequestration proceedings. Even if Abdoola were a creditor, the requirements for final sequestration under section 12(1) of the Insolvency Act were met: Absa Bank established a claim, Patel was insolvent, and there was reason to believe sequestration would benefit creditors, given the existence of a valuable property and potential for further assets to be unco…

Source excerpt

• Sequestration
• Leave To Intervene
• Advantage To Creditors
• Insolvency Act
• Creditor Standing

Paruk N.O and Others v Commercial Properties (Pty) Ltd (10679/2012)

Paruk N.O and Others v Commercial Properties (Pty) Ltd (10679/2012) [2018] ZAKZDHC 54 (11 October 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

10679/2012

Judge

Mngadi

The High Court allowed additional plaintiffs to join a long-running partnership dispute and permitted amendment of the claim, while dismissing objections to attorneys and affidavits.

• Joinder Of Parties
• Leave To Intervene
• Amendment Of Pleadings
• Partnership Dispute
• Prescription Of Claims
• Locus Standi

Richter v Bloempro CC v Others (69531/2012)

Richter v Bloempro CC v Others (69531/2012) [2017] ZAGPPHC 1168 (20 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

69531/2012

Judge

NV Khumalo

The court rescinded an order dismissing Richter’s business rescue application, finding it was erroneously granted in his absence and should have proceeded on an opposed basis.

• Rescission Of Judgment
• Business Rescue
• Default Judgment
• Leave To Intervene
• Uniform Rules Of Court Rule 42
• Rescission-of-judgment

JS Afslears CC t/a Swarico Afslaers v Botha N.O and Others (50323/14)

JS Afslears CC t/a Swarico Afslaers v Botha N.O and Others (50323/14) [2017] ZAGPPHC 1294 (10 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

50323/14

Judge

Mavundla

The High Court refused Swarico leave to intervene in a dispute over ownership of game, finding contradictory affidavits and no protectable interest.

• Leave To Intervene
• Ownership Of Game
• Interdict
• Insolvent Estate
• Conditional Sale
• Leave-to-intervene

Standard Bank of South Africa Limited v Potgieter and Another (21284/2015)

Standard Bank of South Africa Limited v Potgieter and Another (21284/2015) [2016] ZAWCHC 23 (9 March 2016)

Court

Western Cape High Court, Cape Town

Case number

21284/2015

Judge

Koen AJ

The High Court granted leave to intervene and provisional sequestration, but refused both postponement requests, finding a prima facie advantage to creditors.

• Provisional Sequestration
• Advantage To Creditors
• Leave To Intervene
• Postponement Of Hearing
• Insolvency Act Section 10
• Provisional-sequestration

Identity Development Fund (Pty) Ltd v Greenovate Consulting And Projects Primary Co-Operative Limited, In re: Ensemble Hotel Holdings (Pty) Ltd v Identity Development Fund (Pty) Ltd and Another (25501/2014)

Identity Development Fund (Pty) Ltd v Greenovate Consulting And Projects Primary Co-Operative Limited, In re: Ensemble Hotel Holdings (Pty) Ltd v Identity Development Fund (Pty) Ltd and Another (25501/2014) [2015] ZAGPJHC 57 (26 January 2015)

Court

South Gauteng High Court, Johannesburg

Case number

25501/2014

Judge

Weiner

The court granted leave to appeal only against the order allowing Ensemble Hotel Holdings to intervene, and refused leave on the rescission and other orders.

• Locus Standi
• Notarial Bond Perfection
• Tacit Hypothec
• Leave To Intervene
• Rescission Of Order
• Leave-to-appeal

ABSA Bank Ltd v Fraser and Another (386/05)

ABSA Bank Ltd v Fraser and Another (386/05) [2006] ZASCA 31; 2006 (2) SACR 158 (SCA) (24 March 2006)

Court

Supreme Court of Appeal

Case number

386/05

Judges

Mlambo, Mpati, Cameron, Nugent, Nkabinde

The Supreme Court of Appeal upheld ABSA’s appeal, granted it leave to intervene, set aside parts of the court a quo’s orders, and awarded costs against the first respondent.

• Leave To Intervene
• Costs Award
• Setting Aside Orders
• Civil-procedure
• Leave-to-intervene
• Costs-award