South Africa Case Law

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC)

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC) [2025] ZAEC 1 (14 January 2025)

Court

Electoral Court

Case number

0035/2024EC

Judges

Zondi, Adams, Professor Ntlama-Makhanya

The application was dismissed because the applicant failed to provide credible evidence of any material irregularities affecting the outcome of the 2024 National and Provincial Elections. The allegations were vague, unsubstantiated, and based on hearsay. The applicant did not comply with the procedural requirements for lodging objections under section 55 of the Electoral Act, nor did it exhaust the prescribed mechanisms before approaching the Electoral Court. Furthermore, the necessary parties were not properly joined, and the relief sought regarding the constitutional invalidity of section 2…

Source excerpt

• Electoral Act Objections
• Free And Fair Elections
• Jurisdiction Of Electoral Court
• Procedural Non Compliance
• Constitutional Invalidity
• Joinder Of Parties

A.S obo S v Member Of The Executive Council For The Department Of Health, Eastern Cape (CA 29/2022)

A.S obo S v Member Of The Executive Council For The Department Of Health, Eastern Cape (CA 29/2022) [2023] ZAECMHC 27 (11 May 2023)

Court

Eastern Cape High Court, Mthatha

Case number

CA 29/2022

Judges

Rugunanan, J. E. Smith, D. O. Potgieter

The High Court upheld an appeal in a medical-negligence claim, finding substandard fetal monitoring and delayed intervention probably caused the child’s brain injury.

• Medical Negligence
• Causation
• Expert Evidence
• Hospital Liability
• Procedural Non Compliance
• Cerebral Palsy Claim

Ntayiya v South African Revenue Services (3613/16)

Ntayiya v South African Revenue Services (3613/16) [2018] ZAECMHC 1; 81 SATC 345 (23 January 2018)

Court

Eastern Cape High Court, Mthatha

Case number

3613/16

Judge

JGA Laing

The High Court dismissed an attorney’s challenge to SARS tax assessments for 2008 to 2013 for procedural non-compliance and lack of a factual basis for review.

• Tax Administration Act
• Review Of Tax Assessment
• Procedural Non Compliance
• Condonation
• Alternative Dispute Resolution
• Tax-administration-act

Mdingi v Eastern Cape Development Corporation (CA & R 50/2014)

Mdingi v Eastern Cape Development Corporation (CA & R 50/2014) [2016] ZAECMHC 23 (24 May 2016)

Court

Eastern Cape High Court, Mthatha

Case number

CA & R 50/2014

Judges

Kahla, Dawood

Appeal dismissed against refusal to rescind an eviction judgment under PIE, despite non-compliance with notice requirements, because no bona fide defence was shown and the matter had become moot.

• Prevention Of Illegal Eviction Act
• Rescission Of Judgment
• Procedural Non Compliance
• Bona Fide Defence
• Mootness
• Superior Courts Act

Commissioner for the South African Revenue Service v Van der Merwe (20152/2015)

Commissioner for the South African Revenue Service v Van der Merwe (20152/2015) [2015] ZASCA 86; 2016 (1) SA 599 (SCA); [2015] 3 All SA 387 (SCA); 77 SATC 405 (28 May 2015)

Court

Supreme Court of Appeal

Case number

20152/2015

Judges

Ponnan, Wallis, Mbha, Fourie, Mayat

The Supreme Court of Appeal refused condonation for a late appeal and upheld SARS’s cross-appeal, appointing a curator bonis over the respondent’s assets.

• Tax Administration Act
• Curator Bonis Appointment
• Condonation
• Preservation Order
• Procedural Non Compliance
• Curator-bonis

Panamo Properties (Pty) Ltd and Another v Nel N.O. and Others (35/2014)

Panamo Properties (Pty) Ltd and Another v Nel N.O. and Others (35/2014) [2015] ZASCA 76; 2015 (5) SA 63 (SCA); [2015] 3 All SA 274 (SCA) (27 May 2015)

Court

Supreme Court of Appeal

Case number

35/2014

Judges

NAVSA, MAJIEDT, WALLIS, ZONDI, DAMBUZA

The Supreme Court of Appeal held that non-compliance with the procedural requirements of sections 129(3) and (4) of the Companies Act does not automatically render a business rescue resolution a nullity or terminate business rescue proceedings. Instead, the Act requires that any challenge to the resolution, including for procedural non-compliance, must be brought by way of an application to court under section 130. The court must then determine whether it is just and equitable to set aside the resolution. The business rescue process only terminates when a court order is granted setting aside…

Source excerpt

• Business Rescue
• Companies Act 71 Of 2008
• Statutory Interpretation
• Procedural Non Compliance
• Setting Aside Resolution

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000)

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000) [2002] ZASCA 25; [2002] 3 All SA 369 (A); 2002 (4) SA 681 (SCA) (28 March 2002)

Court

Supreme Court of Appeal

Case number

365/2000

Judges

Nienaber, Olivier, Streicher, Farlam, Nugent

The court held the seller’s standard terms were not incorporated into a solar-panel sale, so the buyer could raise non-payment and damages issues.

• Contractual Terms Incorporation
• Exceptio Non Adimpleti Contractus
• Remedies For Defective Performance
• Standard Terms And Conditions
• Procedural Non Compliance
• Damages Exclusion Clauses