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South Africa decisions
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Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others (608/2023) [2024] ZAECQBHC 69 (15 October 2024)
The High Court referred a Markman manganese dust nuisance dispute to trial, finding material factual disputes and awarding costs against the applicants.
Afriforum NPC v National Energy Regulator of South Africa and Others (2024/061993) [2024] ZAGPPHC 638 (8 July 2024)
The Court found that NERSA's revised methodology for approving municipal electricity tariff increases, introduced in January 2024, unlawfully deviated from the statutory and policy requirement to base tariffs on the cost of supply. The methodology replaced the mandated cost of supply study with an assumptions-based approach, which is inconsistent with the Electricity Pricing Policy, the Electricity Regulation Act, and NERSA's own frameworks. The Court rejected NERSA's argument that the new methodology was equivalent to the previous lawful approach and held that the change was motivated by non…
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Fire Wings Properties 21 (PTY) Ltd v Sunrise Technologies (PTY) Ltd and Others (2020/16177) [2022] ZAGPJHC 750 (27 September 2022)
The court found that the defence of lis alibi pendens was not available to the first respondent because the applicant was not a party to the other pending litigation, and the requirements for the defence were not met. The advertising sign was held to be illegal as it contravened the City of Johannesburg Outdoor Advertising By-laws, lacking both approval and exemption, and being situated too close to the intersection. The court rejected the argument that the City’s transitional period or 'moratorium' on enforcement prevented the applicant from seeking relief, holding that the By-laws remained…
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Ejalk CC v Mangaung Metropolitan Municipality (5073/2017) [2022] ZAFSHC 189 (3 August 2022)
The High Court granted an extension of time to review an occupancy certificate, but referred the legality of the certificate to trial because factual disputes could not be resolved on affidavit.
Visagie Raymond Roelof v Kalema Holdings (Pty) Ltd (5042/2021) [2022] ZAFSHC 150 (19 May 2022)
The court found that the First Respondent was conducting business activities on a property zoned exclusively for residential and agricultural purposes under the Bainsvlei Town Planning Scheme. The Respondent's claim of ignorance regarding the zoning was rejected, as the conditions were clear and the Respondent had a duty to ensure compliance upon purchase. The Applicants established ownership and locus standi, and the unlawful use of the property constituted sufficient injury to justify a final interdict. The court also accepted the Respondent's explanation for the late filing of the answerin…
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Overstrand Taxi Association and Others v Uncedo Taxi Association: Hermanus and Others (7779/09) [2010] ZAWCHC 345 (9 December 2010)
The court granted a final interdict against specified taxi association respondents for operating route-based taxi services without authorisation and for related intimidation.
Thompson v City Council of Municipality of Port Elizabeth (518/87) [1989] ZASCA 86; [1989] 4 All SA 865 (AD) (27 July 1989)
The Supreme Court of Appeal held that the statutory condition imposed by the Administrator under section 14A(1) of the Townships Ordinance has the force of law and binds all subsequent owners of the affected erf, irrespective of their knowledge of the condition at the time of acquisition. The penalty provision in section 14A(2) is enforceable against the owner upon breach of the condition, and the owner's liability is not contingent upon actual knowledge of the condition. The addendum requiring disclosure in the deed of sale imposes a duty on the seller but does not limit the buyer's liabilit…
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