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South Africa decisions
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L.B.N v K.N - Ex Tempore (108047/2023) [2023] ZAGPJHC 1320 (25 October 2023)
An urgent ex parte application for guardianship and relocation of a minor child to Qatar was dismissed because the biological mother was not cited or given notice.
Socialist Agenda of Dispossessed Africans v Minister of Cooperative Governance and Traditional Affairs (4646/22) [2022] ZAGPPHC 585 (15 August 2022)
The High Court postponed a constitutional challenge to section 43(2)(c) of the Municipal Structures Act so political parties could be notified and an amicus curiae could assist.
S v Krejcir and Others (SS26-2014) [2014] ZAGPJHC 454 (13 October 2014)
The court held that subpoenas issued by accused 1 were irregular and unlawful because they failed to give notice to persons with a legal interest in the documents.
Stratgro Capital (SA) Ltd v Theodorus NO and Others (417/08) [2009] ZASCA 142; 2010 (2) SA 530 (SCA) ; [2010] 3 All SA 27 (SCA) (23 November 2009)
The Supreme Court of Appeal held that failure to give the execution debtor written notice under Rule 45(8) made the attachment incomplete and the sale in execution void.
Van Rensburg NO and Another v MEC for Housing, Local Government and Traditional Affairs, Eastern Cape Province and Others (687/2008) [2009] ZAECPEHC 27 (2 June 2009)
The court held that the restrictive conditions in the title deed were praedial servitudes conferring real rights on the applicants and other erf holders. The applicants were entitled to notice and an opportunity to be heard before any amendment or removal of these conditions. The first respondent's decision was made without proper notice to all affected parties and without considering the applicants' submissions, resulting in procedural unfairness. Furthermore, the first respondent lacked the legal authority to make the decision, as only the Premier could do so under the relevant legislation,…
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