Keele v Legal Practice Council and Others (1930/2021) [2024] ZAGPPHC 727 (2 August 2024)
Court
North Gauteng High Court, Pretoria
Case number
1930/2021
Judge
E van der Schyff
The court set aside a taxed bill of costs, the consequent writ of execution, and the attachment of the applicant’s vehicle after finding Rule 30 process had been cut short.
National Union of Metal Workers of South Africa (NUMSA) v Oosthuizen and Others (36016/2015) [2017] ZAGPJHC 56; 2017 (6) SA 272 (GJ) (10 March 2017)
Court
South Gauteng High Court, Johannesburg
Case number
36016/2015
Judge
WHG van der Linde
The court held that the applicant, NUMSA, was not entitled to act as plaintiff on behalf of individual members in a common law action without class certification. The procedural law does not permit a person to sue as plaintiff for another outside the class action context, and the union's representation power under the Labour Relations Act does not extend to common law matters. The application for class action certification must be brought before the institution of proceedings, not ex post facto. The requirements for certification were not fully met, particularly regarding the suitability of t…