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South Africa decisions
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Somo and Others v Thonts Properties (Pty) Ltd and Others (2023-114895) [2025] ZAGPPHC 88 (10 February 2025)
Urgent stay-of-ejectment application dismissed for lack of legal standing. The court held the first applicant’s executrix powers did not extend to the property.
Fire and Ice Fitness (Pty) Ltd and Others v Dansabe Trading 17 (Pty) Ltd and Another (2024/121455) [2024] ZAGPJHC 1088 (25 October 2024)
The court found that none of the applicants had standing to seek an interim interdict, as Fire and Ice Fitness (Pty) Ltd had been finally deregistered and ceased to exist as a legal entity. The effect of deregistration is clear: the company cannot authorise anyone to act on its behalf or claim rights before the court. The executors of the deceased directors' estates also lack standing, as the company no longer exists. While the respondents' conduct in locking the premises was unfortunate and may have prejudiced the applicants, the application as pleaded could not succeed. The court noted that…
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Mamposa v King Sabata Dalindyebo Local Municipality and Others - Application for Leave to Appeal (5244/2021) [2024] ZAECMHC 6 (30 January 2024)
The High Court dismissed leave to appeal in a municipal employment dispute, finding no reasonable prospects of success and no standing for declaratory relief.
Cronje and Others v Nash and Others (43585/2019) [2023] ZAGPJHC 522 (19 May 2023)
The court found that only two applicants, Mr Isaiah Masitha and Mrs Elena Forno-Nash, had clearly and voluntarily joined the intervention application. The remaining thirty-two applicants' participation was doubtful, with evidence that some were unaware of their inclusion or had accepted offers to exit the Fund. The court accepted the curators' contention that Mr Nash was the driving force behind the litigation but held that this was not a ground to deny intervention to those with a legitimate interest. The application by the thirty-two was dismissed, but leave was granted to Mrs Forno-Nash to…
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Jansen N.O. and Others v Adams (10870/2020) [2022] ZAWCHC 159 (25 August 2022)
The court dismissed an exception to a third-party claim seeking trustees’ removal, holding the defendant’s public-interest standing case was not untenable at this stage.
Williams and Others v Hendricks and Another (17638/2020) [2021] ZAWCHC 66; 2021 (6) SA 551 (WCC) (19 April 2021)
The court held that the applicants failed to establish that the deceased intended the bank's will application form to be her will. The document was clearly an instruction to the bank to draft a will, not a testamentary instrument. The circumstances and the content of the form indicated that the deceased did not intend it to operate as her will. The court distinguished the present case from precedents where informal documents were accepted as wills, noting that in those cases there was evidence of testamentary intention. The applicants' standing was also questioned, but the court considered th…
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Makhado Local Municipality and Another v Makhado and Another (HCAA04/2020; 542/2020) [2020] ZALMPPHC 45 (3 July 2020)
The court found that the applicants lacked legal standing, as the lease agreement was with a juristic entity and not the applicants or the deceased. The requirements of section 18(3) of the Superior Courts Act were not met, as the applicants failed to prove exceptional circumstances or irreparable harm, and the respondents would suffer substantial prejudice and public harm if the order was executed. The order of the court of first instance was final in effect, improperly granted relief beyond what was necessary, and failed to consider the interests of justice and the impact on the local commu…
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Babatas Communal Property Association v Lebatlang and Others (957/2019) [2019] ZANCHC 51 (4 October 2019)
The court found that the applicants were validly elected as the executive committee of the Babatas Communal Property Association at the meeting held on 20 January 2018, as confirmed by the MEC and the Department of Rural Development and Land Reform. The respondents failed to challenge the endorsement through appeal or review, rendering the decision legally effective. The alleged dispute of fact raised by the respondents was a bare denial without factual foundation and did not preclude final relief. The second applicant was properly authorised to act on behalf of the CPA. The freezing of the C…
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Mkhize NO v Premier of the Province of KwaZulu-Natal and Others (CCT285/17) [2018] ZACC 50; 2019 (3) BCLR 360 (CC) (6 December 2018)
The Constitutional Court held that the High Court erred in rescinding the Van Zyl J order and discharging the interim relief, as it failed to give effect to the Supreme Court of Appeal's final determination on legal standing and the scope of the review application. The Supreme Court of Appeal judgment did not bar the applicant from pursuing a review of the lawfulness of the Premier's administrative action, but only precluded her from seeking reinstatement of the deceased as Inkosi. The monetary and succession claims remain justiciable and should be determined at trial. The interim relief must…
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Mbaba and Others v Executor Estate Late Ngqele and Others (3129/2017) [2018] ZAECMHC 40 (14 August 2018)
The High Court held that res judicata did not apply because the parties and relief were not identical to earlier proceedings, and it upheld the appeal.
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