South Africa Case Law

Jumba v Jumba and Another (2502/2023)

Jumba v Jumba and Another (2502/2023) [2024] ZAECMHC 82 (24 October 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2502/2023

Judge

Mqobi

The court found that the applicant is the legally recognised senior traditional leader and head of the Jumba Traditional Council in Tabase Administrative Area. The first respondent admitted to using a headman's stamp and issuing letters, despite not being legally appointed as headman. His denials regarding other conduct were not sufficiently substantiated and failed to raise a genuine dispute of fact. The applicant established a clear right to oversee traditional leadership in her jurisdiction. The first respondent's conduct constituted an injury to the applicant's rights and those of the com…

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• Final Interdict
• Traditional Leadership
• Clear Right
• Injury Committed Or Apprehended
• Alternative Remedy
• Plascon Evans Principle

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC)

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

Court

Electoral Court

Case number

014-2024EC; 020-2024EC

Judges

Zondi JA, Shongwe AJ, Adams AJ, Phooko, Ntlama-Makhanya

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commi…

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• Electoral Act Compliance
• Candidate Nomination
• Supporters List Quota
• Operation Of Law Disqualification
• Plascon Evans Principle

Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019)

Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019) [2022] ZAGPPHC 318 (18 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

76000/2019

Judge

S. Potterill

The court found that the applicant's grounds for leave to appeal were without merit. The Plascon-Evans principle was correctly applied, as there were clear disputes of fact requiring its use. The Swissborough case remains applicable to review proceedings, and the applicant failed to demonstrate any alternative legal standard. The evidence of training was properly admitted, and the applicant did not establish the jurisdictional facts for fronting. No evidence was presented that Afrisam required ODI's as a condition, nor that Cargo Carriers benefited improperly. The applicant's arguments were u…

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• Leave To Appeal
• Dispute Of Fact
• Plascon Evans Principle
• Fronting
• Review Proceedings

L L v Z J (1274/2019)

L L v Z J (1274/2019) [2020] ZAFSHC 8 (30 January 2020)

Court

Free State High Court, Bloemfontein

Case number

1274/2019

Judge

Opperman

The High Court dismissed leave to appeal against a contempt finding in a maintenance dispute, holding there were no reasonable prospects of success.

• Maintenance Orders
• Contempt Of Court
• Plascon Evans Principle
• Shifren Principle
• Maintenance-orders
• Contempt-of-court

POPCRU obo Thebe v Department of Transport, Safety and Liason (C510/17)

POPCRU obo Thebe v Department of Transport, Safety and Liason (C510/17) [2019] ZALCCT 29 (11 October 2019)

Court

Labour Court Cape Town

Case number

C510/17

Judge

Rabkin-Naicker

The court found that, on the respondent's version and applying the Plascon-Evans principle, a settlement agreement was reached between the applicant and the respondent after the arbitration award. The applicant was permanently appointed to a higher position with a substantially increased salary, which was beneficial to him. The factual circumstances indicated that the settlement agreement superseded the arbitration award, and therefore, the award could not be made an order of court. The application was dismissed on this basis.

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• Arbitration Award Enforcement
• Settlement Agreement
• Reinstatement
• Back Pay
• Plascon Evans Principle

Fraser Alexander (Pty) Ltd v Tswelopele Beneficiation Operation (Pty) Ltd and Others (J1368/17)

Fraser Alexander (Pty) Ltd v Tswelopele Beneficiation Operation (Pty) Ltd and Others (J1368/17) [2017] ZALCJHB 299; [2017] 12 BLLR 1251 (LC) (16 August 2017)

Court

Labour Court Johannesburg

Case number

J1368/17

Judge

B Whitcher

The court found that section 197 of the LRA was not applicable because there was no transfer of business as a going concern. The evidence showed that no assets, data, or employees were transferred from Fraser Alexander to Tswelopele or Intasol. The work performed by Intasol was strictly remedial and not the routine maintenance and management previously conducted by Fraser Alexander. The arrangement between Tswelopele and Intasol was a short-term, once-off engagement, and the future maintenance and management of the dam would be subject to a new tender process. The court applied the Plascon-Ev…

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• Section 197 Transfer
• Transfer Of Business
• Motion Proceedings
• Final Relief
• Plascon Evans Principle