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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 143

Mashaba and Others v Muller and Others (22900/2020)

Mashaba and Others v Muller and Others (22900/2020) [2021] ZAGPPHC 143 (10 March 2021)

Court
North Gauteng High Court, Pretoria
Case number
22900/2020
Judge
SK Hassim

The applicants failed to demonstrate a clear right to the information sought. The relief they requested is not supported by the Nampak Glass decision, which provides procedural mechanisms only to persons wronged and against parties mixed up in the wrongdoing. In this case, the applicants have not been wronged, and Mr Muller is the victim of the alleged intimidation, not the facilitator. The requirements for a final interdict and Norwich Pharmacal relief are not satisfied. The application must therefore fail.

Source excerpt

  • Final Interdict
  • Right To Information
  • Norwich Pharmacal Relief
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Civil Procedure [2018] ZAGPJHC 481

Nampak Glass (Pty) Limited v Vodacom (Pty) Limited and Others (2814/2018)

Nampak Glass (Pty) Limited v Vodacom (Pty) Limited and Others (2814/2018) [2018] ZAGPJHC 481; 2019 (1) SA 257 (GJ) (31 January 2018)

Court
South Gauteng High Court, Johannesburg
Case number
2814/2018
Judge
David Unterhalter

The court held that the common law position, as previously articulated in House of Jewels, is outdated and inconsistent with constitutional imperatives. The right of access to courts requires that procedures exist to enable injured parties to identify wrongdoers. The absence of such procedures in the Rules of Court is a procedural inadequacy that justifies the exercise of the court's inherent jurisdiction. The court recognised Norwich Pharmacal relief as an appropriate development of South African law, allowing for pre-litigation disclosure orders against innocent third parties who possess in…

Source excerpt

  • Norwich Pharmacal Relief
  • Disclosure Of Information
  • Inherent Jurisdiction
  • Constitutional Right Of Access
  • Procedural Development
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.