South Africa Case Law

Member of the Executive Council for the Department of Community Safety and Transport Management of the North-West Provincial Government v Samons N.O and Others (Leave to Appeal) (039123/24)

Member of the Executive Council for the Department of Community Safety and Transport Management of the North-West Provincial Government v Samons N.O and Others (Leave to Appeal) (039123/24) [2025] ZAGPPHC 320 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

039123/24

Judge

H Kooverjie

The High Court refused leave to appeal against removal of a business rescue practitioner and granted urgent execution under section 18(3).

• Business Rescue Practitioner Removal
• Section 139 Companies Act
• Section 18 Superior Courts Act
• Costs Order
• Pfma Compliance
• Exceptional Circumstances

(3289/18)

(3289/18) [2020] ZAMPMBHC 46; [2020] ZAMPMBHC 5 (6 March 2020)

Court

Mbombela High Court, Mpumalanga

Case number

2653/2017

Judge

Greyling-Coetzer

The court found that the replication by the Mpumalanga Provincial Government raises constitutional issues of public importance, specifically regarding the application of estoppel in public-private partnership agreements governed by the PFMA and Treasury Regulations. The High Court, not a private arbitrator, has jurisdiction to decide such constitutional matters. The privatisation of constitutional disputes is contrary to the constitutional system, and the arbitrator lacks the power to grant just and equitable remedies under Section 172 of the Constitution. Furthermore, relevant parties such a…

Source excerpt

• Arbitration Act Section 3
• Public Private Partnership
• Estoppel
• Pfma Compliance
• Constitutional Jurisdiction
• Joinder Of Parties

Radio Surveillance Security Services (Pty) Ltd v Telkom SA Limited (69753/2011)

Radio Surveillance Security Services (Pty) Ltd v Telkom SA Limited (69753/2011) [2018] ZAGPPHC 296 (26 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

69753/2011

Judge

C Pretorius

The High Court dismissed RSSS’s claim against Telkom, finding no proved Upgrade Agreement, no authority for Mr Pillay, and no basis for estoppel.

• Public Procurement
• Ostensible Authority
• Estoppel
• Section 217 Constitution
• Pfma Compliance
• Contract Formation