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South Africa decisions
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Body Corporate Salvokop v Ziramba (2022-056746) [2024] ZAGPPHC 63 (30 January 2024)
The High Court discharged a provisional sequestration order, refusing final sequestration on the return date because the nulla bona return was factually incorrect and the debt was relatively small.
National Director of Public Prosecutions v Ngunge (1792/19) [2021] ZANCHC 33 (30 July 2021)
The court found that the respondent's explanation for possession of the vehicle and cash was not so improbable as to be rejected. The respondent did not bring an application under section 52(2A) of POCA and merely opposed the forfeiture application, so the onus remained on the applicant to prove its case. The Magistrate's Court order for the return of the property was valid and binding on all parties, including the applicant, and was not trumped by POCA. The facts of the cited cases were distinguishable. Upon reflection, the court held that there was a reasonable prospect that a higher court…
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Maluka v S (A197/2013) [2014] ZAGPPHC 862; 2015 (2) SACR 273 (GP) (31 October 2014)
The Full Bench held that while the Criminal Procedure Act does not provide for an automatic review of orders made under Section 78(6)(a)(ii)(aa), the deprivation of liberty resulting from such orders is significant and potentially indefinite. The absence of an automatic review mechanism creates a risk of serious prejudice, particularly for vulnerable and indigent individuals who may lack the means to challenge such orders. Although the High Court possesses broad review powers, reliance on appeals or applications under the Mental Health Care Act is insufficient to safeguard the rights of those…
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First Rand Bank Limited v Kona and Another (13136/2012) [2014] ZAGPPHC 215 (7 March 2014)
The court held that a magistrate's court order for debt re-arrangement under section 86(7)(c) of the National Credit Act constitutes a bar to sequestration proceedings until such order is set aside by a competent court. The applicant's attempt to proceed with sequestration without first setting aside the debt re-arrangement order is impermissible. Section 86(10) of the National Credit Act does not provide a mechanism for setting aside a magistrate's order by mere notice; it only terminates the debt review application process, not the order itself. The applicant's conduct in seeking sequestrat…
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Citibank N.A v Van Zyl and Another (3805/2004) [2004] ZAFSHC 131 (9 December 2004)
The High Court has jurisdiction to enforce contempt proceedings for non-compliance with magistrate's court orders where good and sufficient circumstances exist, as confirmed by the Constitutional Court in Bannatyne v Bannatyne. The interim attachment order granted by the magistrate's court was interlocutory and not appealable; thus, the notice of appeal did not suspend its operation. The first respondent, as sole trustee, was served with and informed of the orders and failed to comply, providing no credible explanation for non-compliance. The evidence established beyond reasonable doubt that…
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Trustees van die Molteno Trust v Arendorf and Others (LCC 36R/03) [2003] ZALCC 31 (23 May 2003)
Automatic review of a magistrate’s eviction order under ESTA. The Land Claims Court confirmed the order but extended the dates for vacating and eviction.
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