South Africa Case Law

Lebo Tebo Trading and Projects CC v Akani Building Solutions (Pty) Ltd (Reasons) (2024-033125)

Lebo Tebo Trading and Projects CC v Akani Building Solutions (Pty) Ltd (Reasons) (2024-033125) [2025] ZAGPPHC 231 (10 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-033125

Judge

N G M Mazibuko

The High Court heard an urgent application to rescind a provisional liquidation order, found non-compliance with statutory requirements, and set the order aside.

• Provisional Liquidation
• Urgent Enrolment
• Rescission Of Order
• Locus Standi
• Non Compliance With Statutory Requirements
• Provisional-liquidation

Van Rooyen v Minister of Police and Others (2020/30452)

Van Rooyen v Minister of Police and Others (2020/30452) [2025] ZAGPJHC 158 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/30452

Judge

Nty Siwendu

The court found that the interlocutory orders previously granted in favour of the applicant were erroneously made due to non-compliance with Section 3 of the ILPACOS Act and absence of condonation. The court is not bound by such orders and must ensure procedural regularity and compliance with statutory requirements. The order striking the application for default judgment off the roll does not amount to a rescission of interlocutory orders and is not definitive on the merits. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. The i…

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• Leave To Appeal
• Default Judgment
• Interlocutory Orders
• Non Compliance With Statutory Requirements

Thobejane v Vermeulen N.O and Others (CIV APP MB02/2021)

Thobejane v Vermeulen N.O and Others (CIV APP MB02/2021) [2021] ZANWHC 75 (4 November 2021)

Court

North West High Court, Mafikeng

Case number

CIV APP MB02/2021

Judges

Mtembu, Hendricks

The court found that the suspension of the liquor licence was primarily due to the third respondent's failure to comply with sections 38 and 39 of the Liquor Act, which were antecedent obligations under the lease agreements. The appellant was deprived of the use and enjoyment of the leased premises as contemplated by the lease, and the respondents, as lessors, had not rendered their own performance. The principle of reciprocity applied, entitling the appellant to invoke the defence of exceptio non adempleti contractus and withhold rental payments. The Magistrate's court erred in finding other…

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• Lease Agreement
• Exceptio Non Adempleti Contractus
• Specific Performance
• Reciprocal Obligations
• Liquor Licensing
• Non Compliance With Statutory Requirements

Matjoi v Road Accident Fund (57830/13)

Matjoi v Road Accident Fund (57830/13) [2019] ZAGPPHC 284 (11 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

57830/13

Judge

Ranchod

The High Court upheld a special plea and dismissed a Road Accident Fund claim for non-compliance with statutory claim requirements.

• Road Accident Fund Act
• Special Plea
• Prescription
• Non Compliance With Statutory Requirements
• Affidavit Requirements
• General Damages

Shange v S (613/2016)

Shange v S (613/2016) [2017] ZASCA 51 (2 May 2017)

Court

Supreme Court of Appeal

Case number

613/2016

Judges

Lewis, Petse, Mathopo, Gorven, Mbatha

The Supreme Court of Appeal held that the regional magistrate was required by s 93ter(1) of the Magistrates' Courts Act to sit with two assessors in a murder trial unless the accused requested otherwise. The appellant was not legally represented and there is no evidence he was informed of his right to request a trial without assessors. The record does not reflect any such request or the presence of assessors. The requirement is peremptory, and non-compliance rendered the trial court improperly constituted. Accordingly, the convictions and sentences were incompetent and had to be set aside. Th…

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• Constitution Of Criminal Court
• Assessors In Regional Court
• Non Compliance With Statutory Requirements
• Setting Aside Conviction

United Peoples Union of South Africa v Registrar of Labour Relations (J2252/09)

United Peoples Union of South Africa v Registrar of Labour Relations (J2252/09) [2011] ZALCJHB 275 (15 February 2011)

Court

Labour Court Johannesburg

Case number

J2252/09

Judge

Mbileni

Appeal against cancellation of a trade union’s registration dismissed after the court found persistent non-compliance with Labour Relations Act duties.

• Trade Union Registration
• Non Compliance With Statutory Requirements
• Genuineness Of Trade Union
• Guidelines For Registration
• Cancellation Of Registration
• Trade-union-registration