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South Africa decisions
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Maqashalala v Consol Glass and Others (JS542/23) [2025] ZALCJHB 327 (31 July 2025)
The Labour Court held that the pleaded case fell within its jurisdiction as an automatically unfair dismissal claim, but allowed time to withdraw a pending bargaining council referral.
Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024) [2025] ZAKZDHC 47 (31 July 2025)
The High Court upheld points in limine on urgency and lis alibi pendens, staying the application pending consolidated proceedings about the property and agreements.
Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18) [2025] ZALCJHB 317 (10 July 2025)
The Labour Court upheld a lis alibi pendens plea, finding that a remuneration claim duplicated an already pending constructive dismissal dispute.
Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959) [2025] ZAGPJHC 544 (6 June 2025)
The court found that the ombud's decision to appoint the executive managing agent was procedurally and substantively flawed. The resolution relied upon did not meet the statutory 25% participation quota, as many signatories were not registered owners, proxies were not properly authorised, and duplicate signatures existed. The ombud failed to verify the authenticity and sufficiency of the supporting documentation, acting on unverified and misleading information. This omission rendered the decision irrational and unlawful under the Promotion of Administrative Justice Act. In the 2023 applicatio…
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Legend Spunbond (Pty) Ltd v Nefdt and Another (2024/129654) [2025] ZAGPJHC 563 (3 June 2025)
The court found that the requirements for lis alibi pendens were satisfied. Although the Germiston matter was instituted against LY Plastics Manufacturing and Recycling Engineering Polymers (Pty) Ltd and not directly against Mr Nefdt, he is the sole director and entered into the lease agreement on behalf of the company. The cause of action in both matters is the same—the oral commercial lease agreement—and the relief sought (ejectment from the premises) is substantially the same. The pleadings and correspondence indicate that the applicant seeks ejectment of both Mr Nefdt and the company. The…
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ABSA Bank Limited v Ummi Properties (Pty) Ltd (627/2017; 71053/16) [2025] ZAGPPHC 603 (14 May 2025)
High Court appeal against summary judgment. The court found triable issues over a loan account, alleged overpayments, and debt extinguishment, and set aside summary judgment.
Firstrand Bank Ltd trading inter alia as First National Bank v Dr Bongani Investments 066 CC (2037/2023) [2025] ZALMPPHC 69 (2 April 2025)
The High Court ordered the final liquidation of a close corporation after finding it commercially insolvent and rejecting lis alibi pendens and service objections.
Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022) [2025] ZALCJHB 146 (2 April 2025)
The Labour Court dismissed special pleas of res judicata, lis alibi pendens, issue estoppel and arbitration in a leave-encashment contract dispute.
National Commissioner Department of Correctional Services v Nxele and Another (DA 04/2023) [2025] ZALAC 9; [2025] 5 BLLR 472 (LAC) (17 February 2025)
The Labour Appeal Court upheld a ruling converting disciplinary proceedings into a section 188A(11) inquiry after finding a good-faith protected-disclosure basis.
Mamburu v Jacobs and Another (2853/2022) [2024] ZANWHC 299 (9 December 2024)
The court upheld a lis alibi pendens plea in a defamation dispute, staying the claim pending related Equality Court proceedings and dismissing the other special pleas.
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