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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 219

Nala Local Municipality v Handax Machinery (Pty) Limited and Another (570/2024)

Nala Local Municipality v Handax Machinery (Pty) Limited and Another (570/2024) [2024] ZAFSHC 219 (26 July 2024)

The court granted urgent spoliation relief, ordering return of two municipal trucks removed under the pretext of roadworthiness testing.

  • Spoliation
  • Mandament Van Spolie
  • Urgent Interdict
  • Possession
  • Restoration Of Status Quo
  • Mandament-van-spolie
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Civil Procedure [2023] ZAGPJHC 995

Gatsby Vibe Salon (Pty) Ltd v Hgbahiwe and Another (2023/082751)

Gatsby Vibe Salon (Pty) Ltd v Hgbahiwe and Another (2023/082751) [2023] ZAGPJHC 995 (6 September 2023)

The High Court granted a spoliation order restoring a salon’s possession of rented business premises after the first respondent changed the locks and took control.

  • Spoliation
  • Urgent Interdict
  • Possession Of Premises
  • Restoration Of Status Quo
  • Urgent-interdict
  • Possession-of-premises
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Labour Law [2023] ZALCD 3

NUMSA obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19)

NUMSA obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 3 (27 February 2023)

The Labour Court held that the purported transfer was not a section 197 transfer of a business as a going concern, and restored the applicants’ prior employment status.

  • Section 197 Transfer
  • Sham Transfer
  • Restoration Of Status Quo
  • Automatically Unfair Dismissal
  • Section-197-transfer
  • Sham-transfer
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Labour Law [2023] ZALCD 2

Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19)

Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2; (2023) 44 ILJ 1099 (LC); [2023] 5 BLLR 459 (LC) (27 January 2023)

The Labour Court held that the transfer to AIH Logistics was not a section 197 transfer of a business as a going concern and ordered restoration of the prior employment position.

  • Transfer Of Business
  • Section 197 Lra
  • Continuity Of Employment
  • Sham Transfer
  • Restoration Of Status Quo
  • Section-197
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Civil Procedure [2017] ZAECMHC 33

Intsika Yethu Local Municipality v Unlawful persons unlawfully erecting structures on and unlawfully occupying that portion of remainder erf 1, Cofimvaba just next to Nyandeni Township and Another (3303/2014)

Intsika Yethu Local Municipality v Unlawful persons unlawfully erecting structures on and unlawfully occupying that portion of remainder erf 1, Cofimvaba just next to Nyandeni Township and Another (3303/2014) [2017] ZAECMHC 33 (12 September 2017)

The court found that the respondents' Rule 6(11) and Rule 41(1)(c) applications were not irregular proceedings under Rule 30, as the eviction application remained pending and substantive issues, including ownership of the land and alleged constitutional rights violations, had not been resolved. The court rejected the applicant's argument that the eviction application was moot or a 'dead letter', noting that the rescission of the default order restored the status quo ante and required the court to consider the rights and remedies sought by the respondents. The factual and legal submissions in…

  • Rule 30 Irregular Proceedings
  • Eviction
  • Rescission Of Default Judgment
  • Constitutional Right To Housing
  • Section 34 Access To Courts
  • Restoration Of Status Quo
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Family And Children [2016] ZAGPJHC 125

J v S (2016/13621)

J v S (2016/13621) [2016] ZAGPJHC 125 (24 May 2016)

The High Court set aside an ex parte order in a child-care dispute after finding the applicant withheld material facts and misled the court.

  • Parental Rights And Responsibilities
  • Urgent Interim Relief
  • Ex Parte Applications
  • Children S Act
  • Restoration Of Status Quo
  • Costs Orders
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Commercial And Corporate [2008] ZAGPHC 222

Wilson v John Snow Public Health Group Incorporated in Massachusetts USA (8679/2008)

Wilson v John Snow Public Health Group Incorporated in Massachusetts USA (8679/2008) [2008] ZAGPHC 222 (26 March 2008)

The High Court held that Wilson’s removal as sole director of John Snow Public Health Group was unlawful and ordered reinstatement and punitive costs.

  • Removal Of Director
  • Urgent Interdict
  • Restoration Of Status Quo
  • Company Law Procedure
  • Removal-of-director
  • Urgent-application
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Labour Law [1998] ZALC 148

Mukwevho and Others v ECCAWUSA (J3946/98)

Mukwevho and Others v ECCAWUSA (J3946/98) [1998] ZALC 148 (17 December 1998)

The Labour Court dismissed an urgent bid to restore employment terms after a unilateral change, holding the applicants had not complied with section 64(4) of the LRA.

  • Unilateral Change Of Employment Terms
  • Section 64 Lra
  • Urgent Interdict
  • Restoration Of Status Quo
  • Unilateral-change-of-employment-terms
  • Section-64-lra
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.