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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 688

SA Broadcasting Corporation (SOC) Ltd and Another v Motsoeneng and Others (A2022/046784)

SA Broadcasting Corporation (SOC) Ltd and Another v Motsoeneng and Others (A2022/046784) [2024] ZAGPJHC 688; [2024] 4 All SA 238 (GJ); 2025 (2) SA 571 (GJ) (30 July 2024)

Court
South Gauteng High Court, Johannesburg
Case number
A2022/046784
Judges
Mudau, Malindi, Wilson

The majority held that a debt to the state arising from an unlawful administrative act only falls due when the act is set aside by a court. Until then, the act stands as a fact and prevents the debt from becoming claimable. The Special Tribunal erred in finding that the repayment claim prescribed when the SABC acquired knowledge of the unlawfulness of the scheme. The correct position, supported by authority, is that prescription only begins to run from the date the administrative act is set aside. However, the court found that ordering repayment by the respondents would not be just and equita…

Source excerpt

  • Prescription Act
  • Unlawful Administrative Action
  • Self Review
  • Just And Equitable Relief
  • Personal Liability Of State Officials
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Civil Procedure [2020] ZAGPPHC 323

V Munilall & Associates v State Attorney and Others (16331/2020)

V Munilall & Associates v State Attorney and Others (16331/2020) [2020] ZAGPPHC 323 (29 June 2020)

Court
North Gauteng High Court, Pretoria
Case number
16331/2020
Judge
R G Tolmay

The applicant failed to prove that the respondents were in contempt of the court order, as they were not parties to the original proceedings and no obligation was imposed on them by the order of Chesiwe AJ. There was no evidence of wilfulness or mala fides on the part of the respondents, nor any facts indicating grossly improper or unprofessional conduct that would justify a de bonis propriis costs order. The respondents acted in representative capacities and no nexus was established between the respondents and the State Tender Board for personal liability. Condonation for late filing of affi…

Source excerpt

  • Contempt Of Court
  • De Bonis Properiis Costs
  • Condonation
  • Personal Liability Of State Officials
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Civil Procedure [2019] ZAWCHC 105

Obiang v Van Rensburg and Another (A338/2018)

Obiang v Van Rensburg and Another (A338/2018) [2019] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (20 August 2019)

Court
Western Cape High Court, Cape Town
Case number
A338/2018
Judges
R. Allie, P.A.L. Gamble, N.P. Boqwana

The court held that the order confirming attachment to found jurisdiction is final in effect and thus appealable. There was no material non-disclosure by Mr. van Rensburg in the ex parte application that would warrant setting aside the attachment order. On the evidence, Mr. van Rensburg established a prima facie case in delict against Mr. Obiang personally, based on allegations that Mr. Obiang, acting in his personal capacity and through his control of the Rapid Intervention Force, ordered and maintained Mr. van Rensburg's wrongful detention to advance private interests. The act of state doct…

Source excerpt

  • Attachment To Found Jurisdiction
  • Prima Facie Case
  • Act Of State Doctrine
  • Wrongful Detention
  • Personal Liability Of State Officials
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Constitutional Law [2017] ZACC 20

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17)

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17) [2017] ZACC 20; 2017 (9) BCLR 1089 (CC) (15 June 2017)

Court
Constitutional Court
Case number
CCT48/17
Judges
Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Court held that joinder of the Minister in her personal capacity was necessary to ensure procedural fairness and allow her to respond to the risk of a personal costs order. The legal framework permits personal liability for costs where a state official acts in bad faith or with gross negligence in the performance of official duties or litigation. The affidavits presented conflicting versions regarding the Minister's role in establishing parallel decision-making structures and her awareness of SASSA's inability to meet deadlines. Given the seriousness of the allegations and the existence o…

Source excerpt

  • Personal Liability Of State Officials
  • Joinder Of Parties
  • Costs De Bonis Propriis
  • Public Administration Accountability
  • Section 38 Superior Courts Act
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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.