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South Africa Case Law

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Administrative Law [2024] ZAECMHC 2

Mtirara and Others v Premier of the Eastern Cape Province and Others (3132/2021)

Mtirara and Others v Premier of the Eastern Cape Province and Others (3132/2021) [2024] ZAECMHC 2 (23 January 2024)

The High Court dismissed a review over traditional leadership recognition for failure to exhaust internal remedies and unreasonable delay.

  • Promotion Of Administrative Justice Act
  • Traditional Leadership Disputes
  • Internal Remedies Exhaustion
  • Procedural Delay
  • Condonation
  • Customary Law
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Civil Procedure [2023] ZAGPPHC 138

First National Bank v MMD Fitment Centre CC and Others

First National Bank v MMD Fitment Centre CC and Others [2023] ZAGPPHC 138; 633/18 (1 March 2023)

The High Court dismissed First National Bank’s summary judgment application, holding that the right had lapsed under the old Rule 32 and condonation was required.

  • Summary Judgment
  • Condonation
  • Rule 32 Uniform Rules
  • Procedural Delay
  • Irregular Step
  • Summary-judgment
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Land And Property [2022] ZALCC 45

Dikgalopeng Community (Di Thomo Tsa Bokone) and Others v Chief Land Claims Commissioner and Others

Dikgalopeng Community (Di Thomo Tsa Bokone) and Others v Chief Land Claims Commissioner and Others [2022] ZALCC 45 (25 October 2022)

The Land Claims Court dismissed an urgent application to stop construction and related transfers on claimed land, finding the matter not urgent and the relief not established.

  • Restitution Of Land Rights Act
  • Urgent Interdict
  • Prima Facie Right
  • Equitable Redress
  • Environmental Authorisation
  • Procedural Delay
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Civil Procedure [2014] ZAFSHC 78

Mashiya v Minister of Police (412/2014)

Mashiya v Minister of Police (412/2014) [2014] ZAFSHC 78 (3 June 2014)

The High Court dismissed an application for condonation for late notice under the Act, finding the delay inadequately explained and the prospects of success weak.

  • Condonation
  • Institution Of Legal Proceedings Against Organs Of State Act
  • Prescription
  • Procedural Delay
  • Late-notice
  • Institution-of-legal-proceedings-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.