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South Africa Case Law

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Labour Law [2025] ZALCJHB 249

Transport and Allied Workers Union of SA v Williams and Another (2025/085855)

Transport and Allied Workers Union of SA v Williams and Another (2025/085855) [2025] ZALCJHB 249 (27 June 2025)

The Labour Court dismissed an urgent application to stay execution of a CCMA arbitration award pending review, finding no prospects of success and no basis to halt enforcement.

  • Stay Of Execution
  • Arbitration Award
  • Review Application
  • Trade Union Deregistration
  • Legal Personality
  • Unfair Dismissal
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Civil Procedure [2025] ZAECMHC 67

Amafana-Nkosi Royal Families v Magadla and Others (3802/2021)

Amafana-Nkosi Royal Families v Magadla and Others (3802/2021) [2025] ZAECMHC 67 (19 June 2025)

The court dismissed an application by Amafana-Nkosi Royal Families to intervene in a rescission matter, finding they lacked a direct and substantial interest.

  • Joinder And Intervention
  • Direct And Substantial Interest
  • Traditional Leadership
  • Legal Personality
  • Joinder-and-intervention
  • Direct-and-substantial-interest
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Tax Law [2024] ZATC 17

Trust v Commissioner for the South African Revenue Service (IT 45903)

Trust v Commissioner for the South African Revenue Service (IT 45903) [2024] ZATC 17 (14 March 2024)

The Tax Court made final a costs order against The Attorneys after they pursued tax litigation for a trust said to have ceased to exist.

  • Costs Award
  • Default Judgment
  • Tax Assessment
  • Legal Personality
  • Representation Of Non Existent Entity
  • Costs-award
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Civil Procedure [2019] ZAGPJHC 217

Vhazwimi Properties (Pty) Limited v Bise Engineering Projects CC (11/22832)

Vhazwimi Properties (Pty) Limited v Bise Engineering Projects CC (11/22832) [2019] ZAGPJHC 217 (16 May 2019)

The High Court refused leave to amend a plea where the proposed joint-venture defence would rely on an entity the agreement said had no legal personality.

  • Amendment Of Pleadings
  • Joint Venture Agreement
  • Non Joinder
  • Prejudice In Amendment
  • Legal Personality
  • Oral Contract
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Commercial And Corporate [2017] ZAECELLC 6

Tshiki and Another v Buffalo Metro Municipality and Others (EL766/2014)

Tshiki and Another v Buffalo Metro Municipality and Others (EL766/2014) [2017] ZAECELLC 6 (24 February 2017)

The High Court held that the second plaintiff, a deregistered company, lacked legal capacity to enforce the claimed mandate or recover debts. The action was dismissed with costs.

  • Deregistration Of Company
  • Contract Of Mandate
  • Conveyancing Liability
  • Restitution Of Land Rights
  • Legal Personality
  • Enforcement Of Contractual Claims
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Civil Procedure [2013] ZAGPPHC 411

Swanepoel N.O and Another v Standard Bank of South Africa Limited (20366/2013)

Swanepoel N.O and Another v Standard Bank of South Africa Limited (20366/2013) [2013] ZAGPPHC 411 (5 December 2013)

The court found that the trust, as cited in the agreements, lacked legal personality and could not contract with the plaintiff. Only trustees, acting jointly and as authorized by the trust deed, can bind the trust estate. The plaintiff's particulars of claim were found to be embarrassing and lacking necessary averments, as the agreements were void ab initio and no legal rights or duties flowed from them. The suretyship agreement was invalid due to the absence of a valid principal obligation and the impermissible situation of the third defendant standing as surety for his own debt. The excepti…

  • Trust Law
  • Legal Personality
  • Suretyship
  • Cause Of Action
  • Pleadings Exception
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.