South Africa Case Law

Kommal v Health Professions Council of South Africa (60785/2020)

Kommal v Health Professions Council of South Africa (60785/2020) [2024] ZAGPPHC 175 (26 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

60785/2020

Judge

Mbongwe

The court found that the respondent's decision to bring charges of professional misconduct against the applicant was not final and did not constitute an administrative action reviewable under PAJA. The disciplinary process had not yet been completed, and the decision was merely a facilitation of the process, not a determination of rights. The applicant failed to explain the delay in filing a replying affidavit and did not seek condonation for the late filing, which is required under PAJA. The court held that all necessary documentation for the disciplinary proceedings had been provided and th…

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• Review Of Administrative Action
• Disciplinary Proceedings
• Powers Of Attorney
• Condonation
• Rule 53 Record
• Costs Order

Linde and Associates NO 131 INC v Nedbank Limited and Others (2023/051824)

Linde and Associates NO 131 INC v Nedbank Limited and Others (2023/051824) [2023] ZAGPJHC 1382 (28 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/051824

Judge

R Shepstone

The High Court dismissed leave to appeal, holding that revoking a power of attorney did not destroy Medicross’s security under a cession of book debts.

• Powers Of Attorney
• Cession Of Book Debts
• Asset Preservation Interdict
• Leave To Appeal
• Security For Debt
• Leave-to-appeal

Mlambo and Others v Choppies South Africa (Pty) Ltd (JS 168/2015)

Mlambo and Others v Choppies South Africa (Pty) Ltd (JS 168/2015) [2023] ZALCJHB 307 (27 October 2023)

Court

Labour Court Johannesburg

Case number

JS 168/2015

Judge

MM Baloyi

The Court found that the strike was unprotected because the issue in dispute in the strike notice (suspension of a shop steward) was not the subject of the certificate of outcome, which related to a unilateral change of conditions of employment. The change in shift patterns was a work practice, not a contractual term, and thus did not constitute a unilateral change to terms and conditions of employment. The applicants' participation in the unprotected strike constituted misconduct, but the fairness of dismissal required consideration of the circumstances. The Rustenburg employees initiated th…

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• Unprotected Strike
• Unfair Dismissal
• Powers Of Attorney
• Procedural Fairness
• Compensation
• Reinstatement

Khorommbi Mabuli Incorporated v Road Accident Fund and Others (6683/2021)

Khorommbi Mabuli Incorporated v Road Accident Fund and Others (6683/2021) [2021] ZAGPPHC 652 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

6683/2021

Judge

Tlhapi VV

The High Court dismissed an application for leave to appeal after finding no reasonable prospects of success on standing and authority to bring contempt proceedings.

• Locus Standi
• Section 38 Constitution
• Leave To Appeal
• Costs Order
• Powers Of Attorney
• Leave-to-appeal

Barnes and Another v Kushite Investment Holdings (Pty) Ltd and Others (41516/2017)

Barnes and Another v Kushite Investment Holdings (Pty) Ltd and Others (41516/2017) [2019] ZAGPPHC 490 (20 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

41516/2017

Judge

D S Fourie

The court refused a late amendment to a plea challenging authority to sue, holding the Rule 7 objection was out of time and had already fallen away.

• Amendment Of Pleadings
• Authority To Act
• Rule 7 Challenge
• Powers Of Attorney
• Civil-procedure
• Amendment-of-pleadings

Venter v Matsepe and Others (4528/2018)

Venter v Matsepe and Others (4528/2018) [2019] ZAFSHC 17 (28 March 2019)

Court

Free State High Court, Bloemfontein

Case number

4528/2018

Judge

Mathebula

The court found that the first and second respondents, as joint liquidators, lacked authority to act without the participation of the third co-liquidator. The powers of attorney produced did not confer valid authority, as joint liquidators must act jointly and any disagreement must be referred to the Master in terms of section 382 of the Companies Act. The respondents did not obtain authority from a meeting of creditors nor did they seek direction from the Master or the court to resolve the impasse. Consequently, the fifth respondent had no authority to represent the first and second responde…

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• Liquidator Authority
• Locus Standi
• Companies Act 1963
• Powers Of Attorney
• Costs Award

Basson NO and Others v Magistrate AK Amos, Stellenbosch Magistrate’s Court and Others (20158/2012, 20157/2012)

Basson NO and Others v Magistrate AK Amos, Stellenbosch Magistrate’s Court and Others (20158/2012, 20157/2012) [2012] ZAWCHC 381 (6 December 2012)

Court

Western Cape High Court, Cape Town

Case number

20158/2012, 20157/2012

Judge

Baartman

The High Court reviewed a magistrate’s ruling that trustees were barred from voting for not lodging trust resolutions 24 hours before a liquidation meeting.

• Winding Up Of Companies
• Trustee Representation
• Powers Of Attorney
• Regulation 12 Companies Act
• Creditors Meeting Procedure
• Liquidation-meetings

North Global Properties (Pty) Ltd v Body Corporate of the Sunrise Beach Scheme (12465/2011)

North Global Properties (Pty) Ltd v Body Corporate of the Sunrise Beach Scheme (12465/2011) [2012] ZAKZDHC 47 (17 August 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

12465/2011

Judge

D. Pillay

The court found that the applicants failed to deliver powers of attorney supported by a valid resolution of all members of the Body Corporate, as required by the Body Corporate rules and Rule 7(1). The Trustees' authority was insufficient because the costs of the application and any ensuing appeal would likely exceed the R50,000 mandate, and the applicants did not prove otherwise. The applicants did not undertake to accept personal liability for costs exceeding the mandate, nor did they demonstrate that the members would authorise such expenditure. Therefore, the application for leave to appe…

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• Powers Of Attorney
• Body Corporate Authority
• Rule 7 Challenge
• Rule 30 Irregular Step

Chemical Energy Papers Printing Wood and Allied Workers Union and Others v Express Payroll CC (JS 113/2010)

Chemical Energy Papers Printing Wood and Allied Workers Union and Others v Express Payroll CC (JS 113/2010) [2011] ZALCJHB 60; [2011] 11 BLLR 1061 (LC); (2011) 32 ILJ 2959 (LC) (20 July 2011)

Court

Labour Court Johannesburg

Case number

JS 113/2010

Judge

Cawe

The Labour Court held that Rule 11(3) permits the adoption of High Court procedures where the Labour Court Rules are silent. In this case, the respondent was entitled to demand proof of authority for the attorneys to act on behalf of applicants who had not signed powers of attorney. The union and its attorneys failed to provide such proof for the majority of applicants, despite repeated requests and the passage of significant time. The court found that the union's reliance on section 200(1) of the Labour Relations Act did not exempt it from the requirement to prove authority when challenged,…

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• Authority To Act
• Powers Of Attorney
• Trade Union Representation
• Rule 11 Labour Court
• Rule 7 High Court

Katz v Katz and Another (43899/10)

Katz v Katz and Another (43899/10) [2011] ZAGPJHC 224 (24 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

43899/10

Judge

C J Claassen

The court found that the applicant was entitled to payment of her inheritance, as the first respondent had no legal basis to withhold it or impose additional requirements. The first respondent's refusal to pay and to deliver the original powers of attorney was unjustified, and his conduct necessitated the application. The applicant was also entitled to a full accounting of the first respondent's actions under the powers of attorney, including all transactions and investments made on her behalf. The law of agency in South Africa provides that the duty to account is a continuing obligation, and…

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• Agency Accounting
• Fiduciary Duty
• Powers Of Attorney
• Estate Distribution
• Prescription
• Debate Of Account