South Africa Case Law

Minister of Police v Maseko (A107/2023)

Minister of Police v Maseko (A107/2023) [2024] ZAFSHC 121 (30 April 2024)

Court

Free State High Court, Bloemfontein

Case number

A107/2023

Judges

JP Daffue, JJ Mhlambi, ST Mgudlwa

The court found that, despite the respondent's weak explanation for the delay in serving the statutory notice and launching the condonation application, the Minister failed to demonstrate unreasonable prejudice resulting from the delay. The National Commissioner had acknowledged receipt of the notice, and there was no evidence that witnesses or documentary evidence were unavailable. The merits of Ms Maseko's underlying claim for unlawful arrest and detention provided sufficient prospects of success to mitigate her fault for the delay. The requirements for condonation under section 3(4)(b) of…

Source excerpt

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Unlawful Arrest
• Notice Requirement
• Costs Award

Korea Shipping Corporation and Another v South African Weather Service (AR83/2020)

Korea Shipping Corporation and Another v South African Weather Service (AR83/2020) [2022] ZAKZDHC 48 (11 November 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

AR83/2020

Judge

Khan AJ

The High Court dismissed exceptions in a maritime claim against the South African Weather Service over alleged failure to issue a severe weather warning.

• Statutory Duty Of Care
• Pure Economic Loss
• Organ Of State Definition
• Notice Requirement
• Exception Procedure
• Admiralty-maritime

Toloane v National Director of Public Prosecutions (2146/2020)

Toloane v National Director of Public Prosecutions (2146/2020) [2020] ZAFSHC 193 (29 October 2020)

Court

Free State High Court, Bloemfontein

Case number

2146/2020

Judge

Daffue

The High Court granted absolution from the instance in a malicious prosecution damages claim because the plaintiff failed to give proper statutory notice.

• Malicious Prosecution
• Institution Of Legal Proceedings Against Organs Of State Act
• Notice Requirement
• Quantum Of Damages
• Malicious-prosecution
• Organs-of-state-notice

Mlungwana and Others v S and Another (A431/15)

Mlungwana and Others v S and Another (A431/15) [2018] ZAWCHC 3; [2018] 2 All SA 183 (WCC); 2018 (1) SACR 538 (WCC) (24 January 2018)

Court

Western Cape High Court, Cape Town

Case number

A431/15

Judges

Ndita, Magona

The court found that section 12(1)(a) of the Regulation of Gatherings Act, which criminalises convening a gathering of more than 15 people without prior notice, constitutes a limitation of the right to peaceful assembly under section 17 of the Constitution. The limitation is not reasonable or justifiable in an open and democratic society, as the criminal sanction is disproportionate to the legitimate purpose of regulating gatherings and facilitating police planning. The effect of a criminal conviction is severe and enduring, especially for vulnerable communities, and deters the exercise of co…

Source excerpt

• Freedom Of Assembly
• Regulation Of Gatherings Act
• Criminalisation Of Peaceful Protest
• Bill Of Rights Limitation
• Constitutional Invalidity
• Notice Requirement

Director of Public Prosecutions: Western Cape v Malan (A217/2012)

Director of Public Prosecutions: Western Cape v Malan (A217/2012) [2013] ZAWCHC 165; 2014 (2) SACR 146 (WCC) (29 October 2013)

Court

Western Cape High Court, Cape Town

Case number

A217/2012

Judges

Schippers, Ndita

The court granted condonation for a late application for leave to appeal, granted leave to appeal on the fraud issues, and refused the respondent’s cross-appeal.

• Leave To Appeal
• Condonation
• Fraud
• Reasonable Time
• Sentence Increase
• Notice Requirement

Lynn & Main Incorporated v Brits Community Sandworks CC (348/2007)

Lynn & Main Incorporated v Brits Community Sandworks CC (348/2007) [2008] ZASCA 100; 2009 (1) SA 308 (SCA); [2009] 1 All SA 116 (SCA) (17 September 2008)

Court

Supreme Court of Appeal

Case number

348/2007

Judges

MPATI, FARLAM, HEHER, KGOMO, MHLANTLA

The court held that a cession of suretyship rights was valid without prior written notice; notice was needed only to make it effective against the surety.

• Cession Of Rights
• Suretyship Interpretation
• Notice Requirement
• Locus Standi
• Contractual Construction
• Cession

Coetzee v Bunton and Bunton v Auto & General Insurance Co Limited (23049/2002)

Coetzee v Bunton and Bunton v Auto & General Insurance Co Limited (23049/2002) [2007] ZAGPHC 66 (8 June 2007)

Court

High Courts - Gauteng

Case number

23049/2002

Judge

Motata

A motor collision claim succeeded against the driver, but the court dismissed an attempted insurance indemnity claim brought through an irregular counter-claim procedure.

• Counter Claim Procedure
• Insurance Indemnity
• Motor Vehicle Collision
• Notice Requirement
• Joinder Of Parties
• Counter-claim-procedure

Kadwa v Gobel Franchises CC and Another (1122/03)

Kadwa v Gobel Franchises CC and Another (1122/03) [2005] ZAWCHC 96 (14 December 2005)

Court

Western Cape High Court, Cape Town

Case number

1122/03

Judge

Ndita

The court found that the plaintiff was evicted from the vehicle when SARS lawfully impounded it under the Customs and Excise Act due to lack of import documentation. The contract did not specifically exclude the ex lege warranty against eviction, and the defendant failed to intervene or assist when notified. The plaintiff fulfilled the notice requirement and could not conduct a virilis defensio as the claimant's title was unassailable. The defendant, as seller, was obliged to protect the plaintiff against eviction. The plaintiff was entitled to restitution of the purchase price and costs.

Source excerpt

• Warranty Against Eviction
• Sale Of Goods
• Breach Of Contract
• Notice Requirement
• Virilis Defensio
• Customs And Excise Act