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South Africa decisions
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Korea Shipping Corporation and Another v South African Weather Service (AR83/2020) [2022] ZAKZDHC 48 (11 November 2022)
The High Court dismissed exceptions in a maritime claim against the South African Weather Service over alleged failure to issue a severe weather warning.
Trencon Construction (Pty) Ltd v Public Investment Corporation SOC Ltd and Others (49930/2020) [2021] ZAGPPHC 840 (22 November 2021)
The court amended its earlier order under Rule 42(1)(b) to include a declarator that the second respondent was an organ of state for this application.
Trencon Construction (Pty) Ltd v Public Investment Corporation SOC Ltd and Others (49930/2020) [2021] ZAGPPHC 768 (2 November 2021)
The High Court held that the GEPF’s procurement conduct was administrative action, but dismissed Trencon’s review because the tender process was fair and lawful.
Independent Institute of Education (Pty) Ltd v University of Sport South Africa (NPO) and Others (76139/17) [2020] ZAGPPHC 371 (13 July 2020)
The court found that both the applicant and respondents raised issues of sufficient importance and complexity to warrant consideration by a higher court. The grounds for appeal include the status of the respondents as organs of state, the constitutional permissibility of differentiating between public and private higher education institutions in the context of sporting events, and whether the applicant has standing and approached the correct forum. The court held that these issues require authoritative determination and that leave to appeal should be granted to the Full Court of the Division.…
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Blignaut v Director General for the Department of Labour (1107/2015) [2015] ZAECPEHC 28 (7 May 2015)
The High Court held that service on the State Attorney was not proper under rule 4(9) where a public official was cited, and struck the application off the roll.
eThekwini Municipality v Ingonyama Trust (CCT 80/12) [2013] ZACC 7; 2013 (5) BCLR 497 (CC); 2014 (3) SA 240 (CC) (28 March 2013)
The Constitutional Court held that the applicant failed to provide a satisfactory and complete explanation for the delay in lodging the application for leave to appeal, and the explanation did not cover the entire period. The prospects of success were found to be lacking because the Ingonyama Trust is an organ of state administering land for the benefit of residents within the municipal area, satisfying the requirements of section 3(3)(a) of the Rating of State Property Act. The land is therefore exempt from municipal rates. Furthermore, the applicant failed to comply with statutory procedure…
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Pegma Thirteen Investments (Pty) Ltd v Free State Development Corporation (2681/2006) [2008] ZAFSHC 72 (18 September 2008)
The court held that the Free State Development Corporation is an organ of state and upheld the special plea for lack of notice under section 3 of Act 40 of 2002.
Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others (313/1997) [2008] ZAECHC 143 (22 August 2008)
The court found that the Ciskei Corporation was an organ of state, established, controlled, and dissolved by the government, and that its employees' rights to pensions and taxes were protected by transitional constitutional provisions. The evidence showed that the government made clear and unambiguous promises and undertakings to pay the outstanding pensions and taxes, which created a tacit contractual obligation enforceable under South African law. The respondents' denial of liability was rejected as a bare denial unsupported by the facts. Although the doctrine of legitimate expectation of s…
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