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South Africa decisions
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Lupacchini and Others v Minister of Safety and Security (2896/2004) [2008] ZAFSHC 7 (15 February 2008)
The court held that a trust had locus standi to sue even though a trustee’s written authority from the Master came later, dismissing the defendant’s special plea.
Molefe v Dihlabeng Local Municipality [2003] ZAFSHC 35; [2003] ZAFSHC 9 (5 June 2003)
The court found that the council did not validly resolve to place the applicant on compulsory leave, as the matter was not on the agenda nor discussed at the relevant meeting, rendering the purported decision invalid and of no legal effect. The disciplinary code did not require periodic renewal of suspension once charges were laid; the applicant remained suspended until the inquiry's conclusion. Regarding authority to oppose, rule 18(c) permitted urgent opposition without a prior council resolution, but only by designated officials or council nominees, not by mayoral nominees. The acting muni…
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Smith v Kwanonqubela Town Council (399/97) [1999] ZASCA 58; [1999] 4 All SA 331 (A) (10 September 1999)
The Supreme Court of Appeal held that Watson's unauthorised institution of proceedings on behalf of the Town Council was capable of ratification by the Transitional Council, which had resolved to proceed with the case after discussing it in full. The ratification did not prejudice any substantive or vested rights of Smith, as the right to object to locus standi is procedural and not substantive. The launching of legal proceedings is a procedural act, not an administrative one, and can be ratified retrospectively. The rule against new matter in reply does not bar ratification in this context,…
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