South Africa Case Law

J.M v N.C (2023/00100)

J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/00100

Judge

N.J. Graves

The court found that the respondent failed to provide credible evidence of domicile or residence in South Africa. Her assertions were unsupported, contradicted by her own communications, and lacked necessary detail regarding her employment, marital status, and family circumstances. The redacted visa did not substantiate her claim of temporary residence in the USA, and her failure to disclose relevant facts undermined her credibility. The applicant discharged the burden of proving that the respondent is not an incola of South Africa, and thus a peregrinus. The reconsideration application was d…

Source excerpt

• Jurisdiction
• Peregrinus
• Attachment Of Assets
• Reconsideration Application
• Domicile
• Legal Fees Claim

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd and Others (2024/005180)

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd and Others (2024/005180) [2024] ZAGPJHC 378; 2024 (4) SA 571 (GJ) (16 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/005180

Judge

Aucamp S

The court held that section 18(1) of the Superior Courts Act applies to requests for reconsideration under section 17(2)(f), meaning that the execution of the underlying judgment is automatically suspended pending the final determination of the reconsideration request by the President of the Supreme Court of Appeal. The court reasoned that s17(2)(f) forms part of the appeal process and shares the same purpose as applications for leave to appeal or appeals, namely to prevent injustice and allow for judicial scrutiny of lower court decisions. The court rejected the contrary view that s18(1) doe…

Source excerpt

• Suspension Of Execution
• Superior Courts Act
• Leave To Appeal
• Reconsideration Application

Thabazimbi Local Municipality and Others v ABSA Bank Limited Others (11869/2023)

Thabazimbi Local Municipality and Others v ABSA Bank Limited Others (11869/2023) [2024] ZALMPPHC 157 (9 April 2024)

Court

Limpopo High Court, Polokwane

Case number

11869/2023

Judge

Makoti

The High Court held that a section 17(2)(f) reconsideration application does not automatically suspend the challenged order and dismissed the urgent application with costs.

• Superior Courts Act Section 17 2 F
• Suspension Of Orders
• Reconsideration Application
• Interim Relief
• Abuse Of Process
• Superior-courts-act

Municipal Manager of the City of Johannesburg Metropolitan Municipality and Others v Twin City Realty (Pty) Ltd and Another (2939/2017)

Municipal Manager of the City of Johannesburg Metropolitan Municipality and Others v Twin City Realty (Pty) Ltd and Another (2939/2017) [2024] ZAGPJHC 140 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2939/2017

Judge

G Ally

The High Court held that both sides succeeded in the reconsideration application, so each party must pay its own costs, including the opposed costs application.

• Costs Award
• Reconsideration Application
• Judicial Discretion On Costs
• Costs-award
• Reconsideration-application
• Judicial-discretion-on-costs

Molebush Investments CC v City Of Johannesburg and Another (2023/082305 ; 2023/083488)

Molebush Investments CC v City Of Johannesburg and Another (2023/082305 ; 2023/083488) [2023] ZAGPJHC 1020 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082305 ; 2023/083488

Judge

F Bezuidenhout

The High Court dismissed reconsideration and held the respondents in contempt for disconnecting electricity contrary to an urgent interdict, ordering reconnection and a new meter.

• Urgent Interdict
• Contempt Of Court
• Electricity Supply Dispute
• Reconsideration Application
• Installation Of Meter
• Contempt-of-court