South Africa Case Law

Holloway and Another v Padi Emea Limited (38785-2014)

Holloway and Another v Padi Emea Limited (38785-2014) [2017] ZAGPJHC 381; 2020 (5) SA 172 (GJ) (8 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

38785/2014

Judge

M Victor

The court found that jurisdiction in South Africa is not limited to strict physical presence or attachment but is determined by a wider test of appropriateness and convenience, as established in the Multi-Links and Strang cases. The applicants demonstrated sufficient connecting factors, including local business operations, employment of a regional manager, and the impact of the expulsion decision within South Africa. The court held that Rule 53 applies to the disciplinary proceedings of the foreign tribunal, and that the South Gauteng High Court has jurisdiction to order the production of the…

Source excerpt

• Jurisdiction Of Sa Courts
• Review Of Foreign Tribunal Decisions
• Rule 53 Application
• Forum Non Conveniens
• Membership Expulsion
• Contractual Nexus

Makama v Ivory Park Taxi Association and Others (24487/12)

Makama v Ivory Park Taxi Association and Others (24487/12) [2014] ZAGPPHC 20 (18 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

24487/12

Judge

Malindi

The court held that the taxi association’s suspension of a member was procedurally unfair and unlawful because no proper hearing or written notice was proved.

• Natural Justice
• Procedural Fairness
• Membership Expulsion
• Internal Association Governance
• Procedural-fairness
• Natural-justice