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South Africa decisions
Decisions matching the current search
Emenaha v Minister of Home Affairs and Another (2996/2022) [2023] ZAECQBHC 51 (15 September 2023)
The High Court ordered the Minister of Home Affairs to consider and decide the applicant’s internal immigration review within 30 days.
Lebone Chicken and Meat Offal (Pty) Ltd and Another v Astral Operations Ltd (34798/2014) [2018] ZAGPPHC 397 (22 May 2018)
High Court granted rescission of a summary judgment after finding the applicants had a reasonable explanation for default and a bona fide defence.
National Health Laboratory Service v Turzyniecka (D1245/16) [2017] ZALCD 19 (15 September 2017)
The court found that the respondent's answering affidavit and power of attorney, although signed outside South Africa, were sufficiently authenticated and did not prejudice the applicant; thus, the application to strike out was dismissed. The res judicata point failed because the validity of the employment contract was not adjudicated in the CCMA arbitration, which dealt with the fairness of dismissal, not the contract's validity. The court held that it lacked jurisdiction to pronounce on the validity of a contract already terminated and subject to an arbitration award, which remains binding…
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Director of Public Prosecutions: Western Cape v Malan (A217/2012) [2013] ZAWCHC 165; 2014 (2) SACR 146 (WCC) (29 October 2013)
The court granted condonation for a late application for leave to appeal, granted leave to appeal on the fraud issues, and refused the respondent’s cross-appeal.
Qandana v National Bargaining Council for the Road Freight Industry and Others (P331/11) [2012] ZALCPE 11 (19 November 2012)
The Labour Court dismissed a late review and condonation application because the delay was substantial, unexplained, and the applicant failed to prosecute the matter diligently.
Rustenburg Platinum Mines Ltd v Breedt (284/95) [1996] ZASCA 143; 1997 (2) SA 337 (SCA); [1997] 2 All SA 69 (A); (28 November 1996)
The Supreme Court of Appeal held that clause 6(a) of the notarial session contract was intended to ensure that the respondent received market-related compensation for his mineral rights at the time of transfer, not to create an indefinite obligation for the appellant to make further payments based on future transactions. The clause must be interpreted to apply only for a reasonable time after the contract was executed. The respondent failed to allege or prove that the payments made by the appellant to other mineral rights owners in 1987 occurred within a reasonable time after the contract. Ac…
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