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Appel and Others v Democratic Alliance and Another (19623/2024) [2025] ZAWCHC 26 (4 February 2025)
The High Court dismissed an urgent application by councillors to intervene and seek leave to appeal, finding the delay self-created and the appeal request out of time.
ANC Umvoti Council Caucus and Others v Umvoti Municipality (AR 392/2009) [2009] ZAKZPHC 47; 2010 (3) SA 31 (KZP) (25 September 2009)
The court held that, following Supreme Court of Appeal authority, the correct procedure for challenging the authority of a person acting on behalf of an artificial person in litigation is Rule 7(1) of the Uniform Rules of Court. Absent such a challenge, the signature of the attorney and the naming of the applicant are sufficient, and it is not necessary to prove authority on the papers. The appellants did not invoke Rule 7(1), so the respondent was not required to prove authority. On costs, the court found that statutory immunity under s28(1)(b)(i) of the Local Government: Municipal Structure…
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