South Africa Case Law

De Magalhaes v Christensen N.O. and Another (2020/13195)

De Magalhaes v Christensen N.O. and Another (2020/13195) [2022] ZAGPJHC 504 (27 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/13195

Judge

Maier-Frawley

The applicant failed to prove valid title to the disability policy benefit funds, as the policy owner and beneficiary was the insolvent, and no cession to the applicant was established. However, the court found that section 63 of the Long Term Insurance Act protects such policy benefits from attachment, and this protection survives transfer to the spouse whose disability triggered the benefit. Regarding the proceeds from the sale of the Simons Town property, the applicant provided sufficient documentary evidence and unrefuted testimony of ownership and acquisition with her own funds, despite…

Source excerpt

• Insolvency Act Section 21
• Long Term Insurance Act Section 63
• Onus Of Proof
• Release Of Attached Property
• Commixtio
• Ownership Of Sale Proceeds

Umhlaba Plant Hire CC v Director of Public Prosecutions, Western Cape and Others (10152/2015)

Umhlaba Plant Hire CC v Director of Public Prosecutions, Western Cape and Others (10152/2015) [2015] ZAWCHC 161 (15 September 2015)

Court

Western Cape High Court, Cape Town

Case number

10152/2015

Judge

R F Van Rooyen

The court ordered release of an attached bulldozer under NEMA on payment of R250,000 security, holding that section 34F(4) allowed a lesser amount on the facts.

• Release Of Attached Property
• Security For Release
• National Environmental Management Act
• Proportionality Of Security
• Forfeiture Of Instruments
• Criminal Procedure Act