South Africa Case Law

Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd and Others (648/2022)

Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd and Others (648/2022) [2023] ZASCA 115; 2024 (4) SA 489 (SCA) (27 July 2023)

Court

Supreme Court of Appeal

Case number

648/2022

Judges

Nicholls, Mothle, Molefe, Kathree-Setiloane, Mali

The SCA held that an arbitrator had jurisdiction over a tenant’s claim for repayment of excess turnover rental because it arose from interpreting and implementing the lease.

• Arbitrator Jurisdiction
• Unjustified Enrichment
• Interpretation Of Contract
• Arbitration Clause
• Premature Review
• Lease Agreement

S v H and Others (2267/2015)

S v H and Others (2267/2015) [2016] ZAGPPHC 379 (15 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

2267/2015

Judge

Unterhalter AJ

The court held that the applicant was subject to a statutory duty to exhaust the internal remedy of appeal to the ad hoc appeal committee under the Health Professions Act before seeking judicial review of the committee's refusal to recuse its members. The statutory scheme provides for two levels of appeal: first to the appeal committee, and then to the High Court. The applicant had not pursued the internal appeal and failed to demonstrate exceptional circumstances justifying exemption from this duty. The potential harm resulting from the immediate effect of penalties pending appeal was a cons…

Source excerpt

• Recusal Of Administrative Decision Makers
• Exhaustion Of Internal Remedies
• Premature Review
• Health Professions Act
• Procedural Fairness

Ramakatsa and Others v Magashule and Others (3453/2012)

Ramakatsa and Others v Magashule and Others (3453/2012) [2012] ZAFSHC 207 (26 October 2012)

Court

Free State High Court, Bloemfontein

Case number

3453/2012

Judge

Rampai

The court dismissed a review attack on ANC Free State leadership disputes for fatal defects in service, joinder, prematurity, and failure to exhaust internal remedies.

• Substituted Service
• Non Joinder
• Exhaustion Of Internal Remedies
• Premature Review
• Procedural Fairness
• Service-of-process

Niehaus v Minister of Justice And Constitutional Development and Others (46746/2010)

Niehaus v Minister of Justice And Constitutional Development and Others (46746/2010) [2012] ZAGPJHC 299 (4 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

46746/2010

Judges

Wepener, Saldulker

The High Court dismissed a premature review seeking to halt an ongoing criminal trial and overturn a refusal to discharge the accused under section 174.

• Criminal Review
• Fair Trial Rights
• Section 174 Discharge
• Admissibility Of Evidence
• Bill Of Rights Limitation
• Premature Review