South Africa Case Law

Mokubeloa Tsoai v MEC Cooperative Goverance and Traditional Affairs (Free State) and Others (866/2022)

Mokubeloa Tsoai v MEC Cooperative Goverance and Traditional Affairs (Free State) and Others (866/2022) [2022] ZAFSHC 141 (7 June 2022)

Court

Free State High Court, Bloemfontein

Case number

866/2022

Judge

I VAN RHYN

The applicant withdrew an urgent application challenging the validity of an acting municipal manager’s secondment. The court ordered the applicant to pay the costs.

• Municipal Manager Secondment
• Withdrawal Of Application
• Costs Order
• Non Joinder
• Rule 53 Compliance
• Costs-order

Mpashe v The State (179/2017)

Mpashe v The State (179/2017) [2017] ZAGPPHC 956 (3 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

179/2017

Judges

De Vos, Molefe

The High Court struck a special review from the roll as premature and procedurally defective, finding no bias or exceptional basis to intervene before conviction.

• Review Proceedings
• Rule 53 Compliance
• Recusal
• Abuse Of Process
• Criminal-review
• Rule-53

Liberty Life Association of Africa Ltd v Prof G.C. Kachelhoffer N.O and Another (2447/2000)

Liberty Life Association of Africa Ltd v Prof G.C. Kachelhoffer N.O and Another (2447/2000) [2002] ZAWCHC 23 (30 April 2002)

Court

Western Cape High Court, Cape Town

Case number

2447/2000

Judges

D. Van Reenen, T. S.B. Jali

The court held that Rule 53(3) empowers an applicant to furnish either a comprehensive or an attenuated record for review, and the initial election to proceed on an attenuated record does not preclude a subsequent change to a comprehensive record, provided leave of court is sought and good cause is shown. The applicant’s reasons for introducing the comprehensive record were found to be convincing and not prejudicial to the respondents, as the comprehensive record had already been available to them. The relief sought was sufficiently similar to the original claim to be granted under alternativ…

Source excerpt

• Rule 53 Compliance
• Condonation Of Late Filing
• Review Proceedings Record
• Alternative Relief
• Onus In Review
• Costs Award

Jockey Club of South Africa v Forbes (662/91)

Jockey Club of South Africa v Forbes (662/91) [1992] ZASCA 237; 1993 (1) SA 649 (AD); [1993] 1 All SA 494 (A) (1 December 1992)

Court

Supreme Court of Appeal

Case number

662/91

Judges

Corbett, Van Heerden, E.M. Grosskopf, Nienaber, KrieglER

The court held that the Jockey Club wrongly charged Forbes under the wrong doping rule, making the disciplinary findings unsound and dismissing the appeal.

• Contractual Disciplinary Powers
• Review Procedure
• Interpretation Of Club Rules
• Rule 53 Compliance
• Review-procedure
• Contractual-discipline