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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 803

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024)

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024) [2024] ZAGPPHC 803 (13 August 2024)

Court
North Gauteng High Court, Pretoria
Case number
A 58/2024
Judges
Swanepoel, Van der Schyff

The appellant rendered security services for remuneration without being registered as a security service provider, in direct contravention of section 20(1)(a) of the Private Security Industry Regulation Act. Section 20(3) explicitly invalidates any contract inconsistent with this requirement, and section 38(3) makes such conduct an offence. The argument that control by registered persons or entities suffices is rejected; the entity rendering the service must itself be registered. The agreement between the parties is both invalid and illegal. The appellant cannot claim payment under the contra…

Source excerpt

  • Private Security Industry Regulation Act
  • Illegality Of Contract
  • Unjust Enrichment
  • Pari Delicto Rule
  • Reinstatement Of Appeal
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Land And Property [2010] ZAWCHC 203

Liebenberg v Frater NO and Others, Drakenstein Municipality v Frater NO and Others (6214/2010, 19763/2010)

Liebenberg v Frater NO and Others, Drakenstein Municipality v Frater NO and Others (6214/2010, 19763/2010) [2010] ZAWCHC 203 (23 September 2010)

Court
Western Cape High Court, Cape Town
Case number
6214/2010, 19763/2010
Judge
Moosa

The court found that the Trust had engaged in unlawful building operations and operated a restaurant without the necessary approvals, licences, and certificates, in clear violation of multiple statutes and regulations. The applicant, as a neighbouring property owner, demonstrated a direct and substantial interest, establishing locus standi. The urgency of the matter was justified by the continuing infringement of rights and the failure of the municipality to secure voluntary compliance. The court exercised its discretion to consolidate the applications and condone non-compliance with procedur…

Source excerpt

  • Building Regulations
  • Interdict
  • Locus Standi
  • Zoning Scheme Enforcement
  • Urgency
  • Pari Delicto Rule
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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.