South Africa Case Law

Equicent Eastern Cape Developments (Pty) Ltd v University of Fort Hare and Others, In Re: African Student Accommodation Group (Pty) Ltd and Others v Equicent Eastern Cape Developments (Pty) Ltd and Others (4065/2014)

Equicent Eastern Cape Developments (Pty) Ltd v University of Fort Hare and Others, In Re: African Student Accommodation Group (Pty) Ltd and Others v Equicent Eastern Cape Developments (Pty) Ltd and Others (4065/2014) [2015] ZAECGHC 46 (28 April 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

4065/2014

Judge

J M Roberson

The court held that the respondents perempted their appeal by acquiescing in the order, dismissed leave to appeal, and struck out scandalous affidavit allegations.

• Peremption Of Appeal Rights
• Review Of Tender Award
• Interpretation Of Court Order
• Rule 49 11 Execution
• Costs Orders
• Peremption-of-appeal-rights

Chauke v Pan South African Language Board and Another (J690/14)

Chauke v Pan South African Language Board and Another (J690/14) [2014] ZALCJHB 123 (10 April 2014)

Court

Labour Court Johannesburg

Case number

J690/14

Judge

Molahlehi

The Labour Court dismissed an application to execute an interim reinstatement order pending leave to appeal, finding the order would lapse after CCMA conciliation.

• Interim Relief
• Suspension Pending Ccma
• Leave To Appeal
• Rule 49 11 Execution
• Occupational Detriment
• Costs Order

Federation for Sustainable Environment and Another v Minister of Water Affairs and Others (35672/12)

Federation for Sustainable Environment and Another v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 140 (26 July 2012)

Court

North Gauteng High Court, Pretoria

Case number

35672/12

Judge

Mavundla

The court found that both district and local municipalities are organs of state with statutory and constitutional obligations to provide basic services, including potable water, to communities. The respondents' argument that they are not accredited water service providers was rejected as a technical avoidance of their responsibilities. The right to access water is fundamental and protected under section 27(1)(b) of the Constitution, and the Water Services Act includes both district and local municipalities as water service authorities. Evidence showed ongoing non-compliance with the order and…

Source excerpt

• Right Of Access To Water
• Municipal Obligations
• Rule 49 11 Execution
• Cooperative Governance
• Basic Services Provision
• Leave To Appeal

Club Mykonos Resort Managers (Pty) Ltd v Hobie Beach Bar CC and Another (23322/10)

Club Mykonos Resort Managers (Pty) Ltd v Hobie Beach Bar CC and Another (23322/10) [2010] ZAWCHC 545 (11 November 2010)

Court

Western Cape High Court, Cape Town

Case number

23322/10

Judge

Cloete

The court dismissed leave to appeal and allowed execution of its earlier order, finding no reasonable prospect of success and granting relief under rule 49(11).

• Leave To Appeal
• Rule 49 11 Execution
• Non Joinder
• Repudiation Of Lease
• Vindicatory Claim
• Balance Of Convenience

Buffet NO and Others v Degenaar and Others (32767/07)

Buffet NO and Others v Degenaar and Others (32767/07) [2010] ZAGPPHC 70 (29 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

32767/07

Judges

Louw, Bertelsmann, Legodi

The High Court upheld an appeal against a Rule 49(11) execution order, finding unfair short notice, non-joinder of interested parties, and no merit for execution pending appeal.

• Spoliation
• Interlocutory Orders
• Non Joinder
• Audi Alteram Partem
• Rule 49 11 Execution
• Postponement Of Hearing

Systematic Designs (Pty) ltd t/a Redlink v Coetzer (15682/09)

Systematic Designs (Pty) ltd t/a Redlink v Coetzer (15682/09) [2010] ZAWCHC 108 (3 February 2010)

Court

Western Cape High Court, Cape Town

Case number

15682/09

Judge

Bozalek

The High Court refused leave to appeal against a restraint order, finding no reasonable prospect of success and noting the appeal would likely become moot.

• Restraint Of Trade
• Rule 49 11 Execution
• Leave To Appeal
• Mootness
• Confidential Information
• Leave-to-appeal

Ncube v Department of Home Affairs and Others (41/2009)

Ncube v Department of Home Affairs and Others (41/2009) [2009] ZAECGHC 4; 2010 (6) SA 166 (ECG) (12 February 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

41/2009

Judge

Pickering

High Court granted leave to execute a work-permit order pending appeal, finding the applicant would suffer prejudice and the balance of convenience favoured him.

• Immigration Permits
• Rule 49 11 Execution
• Unreasonable Delay
• Costs Award
• Rule-49-11
• Leave-to-execute-pending-appeal