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South Africa decisions
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Gerntholtz and Others v Pieterse N.O and Others (3958/2023) [2025] ZAWCHC 51 (18 February 2025)
The High Court held a testamentary bequest to Boerelegioen-related entities void for vagueness and contrary to public policy, and ordered intestate succession.
ASP Elite Protection Services CC v Minister of Police and Others (6489/2020) [2020] ZAWCHC 142 (2 November 2020)
The applicant established ownership and SAPS possession of the firearms, but the respondents demonstrated multiple and continuous statutory transgressions by the applicant, including unlawful delegation and issuance of firearms to non-employees and persons without competency certificates. The Registrar was not notified of any replacement of the responsible person, rendering the purported delegation invalid. SAPS provided evidence of ongoing investigations and the likelihood of criminal proceedings, establishing a prima facie case for retaining the firearms as evidence. The requirements of bot…
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Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (1174/2018) [2020] ZASCA 33; [2020] 3 All SA 73 (SCA) (3 April 2020)
The Supreme Court of Appeal held that Osman Tyres’ claim could proceed because the contract did not exclude gross negligence, but Mr Osman’s personal delictual claim failed.
AF - FSL Glass Distributors (Pty) Ltd v Thompson Khusela CC t/a Thompson Security Group (A3058/2018) [2019] ZAGPJHC 66 (13 February 2019)
The court found that the Appellant repudiated the contract by preventing the Respondent's guards from entering the premises, thereby breaching the agreement. The Appellant failed to substantiate its allegations of material breach or non-compliance with statutory requirements, as no evidence was led in the trial court. The Respondent's calculation of damages was accepted as it was not challenged under cross-examination. The court held that the Respondent was entitled to damages for the repudiation, and the appeal was dismissed with costs.
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Malesela Taihan Electric Cable (Pty) Ltd v Fidelity Security Services (Pty) Ltd (17193/2014) [2017] ZAGPJHC 332 (18 April 2017)
The court found that Fidelity's security guards were grossly negligent and complicit in the theft of copper coils from the plaintiff's premises, and that Fidelity is contractually liable to reimburse the plaintiff for the full extent of its loss under clause 9 of the contract. The limitation of liability clause in the contract is partially illegal and unenforceable to the extent that it purports to limit Fidelity's liability for intentional or grossly negligent acts, as prohibited by sub-regulation 9(3)(d) of the Code of Conduct and section 28(2) of the Private Security Industry Regulation Ac…
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Amatole District Municipality and Others v King William's Town Taxi Management and Others (ECJ 2004/011) [2004] ZAECHC 18 (5 July 2004)
The court found that the application was urgent but did not establish sufficient grounds for the relief sought. The applicants had standing to litigate in the public interest, but the South African Police Service was not properly before the court due to lack of proper authority. The contract between the first and eighth respondents, while poorly drafted, was not unlawful or contrary to public policy. Many of the orders sought were too vague to be enforceable, and the applicants failed to prove any unlawful conduct by the eighth respondent that would justify an interdict. The applicants also l…
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