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South Africa Case Law

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Civil Procedure [2019] ZAECMHC 32

Mgwebi and Another v Alfred NZO District Municipality and Another (2213/2009)

Mgwebi and Another v Alfred NZO District Municipality and Another (2213/2009) [2019] ZAECMHC 32 (26 June 2019)

The court held Alfred Nzo District Municipality liable for failing to report a deceased employee’s death to the provident fund, causing loss of benefits.

  • Municipal Successor Liability
  • Provident Fund Obligations
  • Negligence
  • Failure To Report Death
  • Municipal-successor-liability
  • Provident-fund-obligations
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Land And Property [2016] ZANCHC 32

Phokwane Municipality v Triple Seven Commercial Holdings CC and Another (1347/2014)

Phokwane Municipality v Triple Seven Commercial Holdings CC and Another (1347/2014) [2016] ZANCHC 32; [2016] 4 All SA 606 (NCK) (9 September 2016)

The court found that Triple Seven Commercial Holdings CC and Mr Karel Erasmus Albertse breached the amended Clauses 15(1) and 16 of the Deed of Sale and Condition 'C' of the Deed of Transfer by failing to establish the required development on the property within the stipulated period. The establishment of a prickly pear orchard on a small portion of the land did not constitute compliance with the contractual obligations, and the subsequent destruction of the orchard further undermined any claim of compliance. The municipality's right of pre-emption was not extinguished by prescription, as the…

  • Pre Emption Rights
  • Alienation Of Land Act
  • Municipal Successor Liability
  • Specific Performance
  • Prescription Act
  • Breach Of Contract
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Civil Procedure [2016] ZAGPPHC 201

Joint Municipal Pension Fund v Enhlanzeni District Municipality (70680/13)

Joint Municipal Pension Fund v Enhlanzeni District Municipality (70680/13) [2016] ZAGPPHC 201 (12 April 2016)

The High Court held that the pension fund lacked locus standi to claim pension benefits for a former member and dismissed the claim with costs.

  • Locus Standi
  • Prescription Act
  • Pension Fund Liability
  • Municipal Successor Liability
  • Locus-standi
  • Pension-fund-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.