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South Africa decisions
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Symes N.O and Others v Garvelli (Pty) Ltd (2023/037126) [2025] ZAGPJHC 570 (9 June 2025)
The High Court held that the applicants had authority to proceed, dismissed a stay application, and ordered the respondent to pay costs.
Breda N.O and Others v Naude (A85/2023) [2025] ZAGPPHC 157 (14 February 2025)
The Full Court held that the respondent's application to strike the appeal from the roll failed on all grounds. The notice of appeal, though not particularised, was cured by comprehensive heads of argument and practice notes, in line with current jurisprudence. The late filing of the power of attorney was a bona fide oversight, promptly remedied, and condonation was granted as no prejudice was shown. The bond of security, though contested, constituted security, and any dispute regarding its sufficiency should have been referred to the registrar, not used as a ground to strike the appeal. The…
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Government Employee Pension Fund v Gijima Holdings Pty Ltd (7435/2021) [2025] ZAGPPHC 112 (31 January 2025)
The court held that the pension fund’s attorneys were duly authorised through a chain of delegation and dismissed the respondent’s Rule 35(12) discovery challenge.
Smith v Sci Essel Offshore Services Limited (A740/2014) [2024] ZAGPPHC 119 (15 February 2024)
The High Court held that the appeal was irregularly enrolled because no power of attorney had been filed in compliance with Rule 7(2), and removed it from the roll with costs.
De Villiers v De Villiers and Another (34/2024) [2024] ZAECQBHC 1 (17 January 2024)
The court found that the applicant failed to establish objective urgency, as the arrears and threat of disconnection had been known for months and the delay in launching proceedings rendered any urgency self-created. The applicant's claim for power of attorney was misconceived, as the granting of such authority is at the discretion of the principal and cannot be compelled by the court. The application was bad in law and did not meet the requirements for an interim or final interdict. The court also noted, without deciding, that the matter may be res judicata due to prior proceedings. No order…
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Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023)
The court held that Mrs Louw lacked locus standi to institute the action in her personal capacity, as the damages claimed related to a property registered in her husband's name and payments made by him. The power of attorney was attached only in replication and not in the particulars of claim, denying the defendants an opportunity to plead to it. The pleadings were mutually exclusive: Mrs Louw claimed personally for damages to her house, while the replication suggested she acted on behalf of her husband. The court found that Mrs Louw did not have a sufficient and direct interest in the litiga…
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Kruger N.O v van Straaten (7303/2019) [2023] ZALMPPHC 24 (24 May 2023)
The High Court upheld a special plea of locus standi, finding that an agent appointed by power of attorney could not institute proceedings for a deceased estate.
Mbokane v Radebe and Others (2021/51795) [2023] ZAGPJHC 133 (7 February 2023)
The High Court dismissed an executrix’s bid to undo transfers of two estate properties, finding she had consented to the sale and signed the transfer process.
Bizz Tracers (Pty) Ltd and Another v Eskom Holdings SOC Thd (13374/2020) [2021] ZAGPPHC 759 (10 November 2021)
The court dismissed a Rule 7 challenge to Eskom’s attorneys’ authority, holding that a power of attorney and delegated authority were sufficient proof.
PFC Properties Proprietary Limited and Another v Commissioner, South African Revenue Services (81483/2019) [2021] ZAGPPHC 419 (17 June 2021)
The court dismissed a Rule 7 challenge to the respondent’s attorneys’ authority, holding that the special power of attorney and Commissioner’s authority were sufficient.
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