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South Africa Case Law

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Civil Procedure [2022] ZANCHC 23

20Twenty Projects (Pty) Ltd v Tsantsabane Local Municipality (404/2016)

20Twenty Projects (Pty) Ltd v Tsantsabane Local Municipality (404/2016) [2022] ZANCHC 23 (22 April 2022)

The court found that the respondent failed to comply with its obligations to deliver a response to the Rule 37(4) notice and to provide its discovery affidavit as required by the Uniform Rules. The technical objections raised by the respondent regarding the authority of the applicant's attorney and the validity of the affidavit were without merit, as substantial compliance with the regulations governing affidavits was demonstrated. The respondent's argument regarding non-compliance with Rule 30A was rejected, as the applicant's conduct was consistent with the requirements of Rule 35(7). The r…

  • Discovery Affidavit
  • Rule 37 Pre Trial
  • Rule 35 Discovery
  • Rule 30a Non Compliance
  • Commissioner Of Oaths Affidavit
  • Costs Order
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Civil Procedure [2009] ZANCHC 39

Saamwerk Soutwerke (Pty) Ltd v Minister of Minerals and Energy and Others (292/07)

Saamwerk Soutwerke (Pty) Ltd v Minister of Minerals and Energy and Others (292/07) [2009] ZANCHC 39 (18 September 2009)

The High Court refused a postponement request, finding counsel’s unavailability was not enough and the respondents’ procedural complaints were unpersuasive.

  • Postponement
  • Discovery Non Compliance
  • Rule 37 Pre Trial
  • Mining Permit Validity
  • Discovery-non-compliance
  • Rule-37
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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.